Transcript of California 1850 Territories and Treaties. “Killed some of them myself” California Statue 133 ...
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- California 1850 Territories and Treaties
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- Killed some of them myself California Statue 133 An Act for the
Government and Protection of Indians 3. Any person having or
hereafter obtaining a minor Indian, male or female from the parents
or relation of such Indian minor, and wishing to keep it, such a
person will go before a justice of the Peace in his Township.
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- 6. Complaints may be made before a Justice of the Peace, by
white person or Indian; but in no case shall a white man be
convicted of any offence upon the testimony of the Indian 10. If
any person or persons shall set the prairie on fire, or refuse to
use the proper exertions to extinguish the fire when the prairies
are burning, such a person or persons shall be subject to fine or
punishment, as the Court may adjudge proper
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- 20. Any Indian... Who shall be found loitering and strolling
about... If said Justice, Mayor or Recorder shall be satisfied that
he is a vagrant... He shall make out a warrant... authorizing and
requiring the officer having him in charge or custody, to hire out
the vagrant within twenty four hours to the best bidder... For any
term not exceeding four months State laws ruled Indian life Where
was the federal Government?
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- California had been taken by the military Still had a presence
Still had a presence Official military often the Indians friend
Temporary militia the problem So why did the Federal Government in
the form of the military step in to avert the Genocide?
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- William M. Gwin John B Weller
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- Gwin and Walker we will meet a different Walker later today we
will meet a different Walker later today Senators from California
very influential in the status of the California Indians Same year
as Californias as passed, 1850 Congress passed an act authorizing
three commissioners to negotiate treaties in California
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- On the thirteenth day of January, 1851, Redick McKee of
Virginia Redick McKee of Virginia George W. Barbour of Kentucky and
George W. Barbour of Kentucky and Oliver M. Wozencraft of Louisiana
Oliver M. Wozencraft of Louisiana met in San Francisco to determine
the procedure of the commission... ...appointed in pursuance of an
act passed by congress the last day of the preceding September;
theirs was the task of formulating a definite policy with regard to
the aboriginal tribes of California. "George W. Barbour"
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- Negotiated 18 with 139 California tribes Tribes agreed to End
wars End wars Acknowledge jurisdiction of the United States
Acknowledge jurisdiction of the United States Accept reservations
and agents Accept reservations and agents Cede land to the United
States Cede land to the United States From owning all of California
Secured 7,488,000 acres Secured 7,488,000 acres 7.5% of state land
7.5% of state land Gwin and Weber led the charge in Congress that
defeated ratification
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- And now for the second Walker of the day Texas declared
Independence 1835 1845 United States annexed Texas Texas inserted a
clause allowing Texas to retain its public land Texas refused to
recognize native title to any land Texas Rangers formed to Hang
horse thieves, cattle rustlers, general outlaws And most
importantly Kill problematic Indians
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- Native Americans and Treaties
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- Problems in Texas and California based mainly to lack of, or
problems with, Treaties They made us many promises but they never
kept but one.. They promised to take OUR land, and they TOOK IT.
Chief Red Cloud, the Oglala Sioux
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- Since 1775 both colonists and British sought active help of the
Indians in war 1778 first treaty, signed at Fort Pitt United States
first treaty with Indians United States first treaty with Indians
in return for guarantees of the Delawares' support in the war
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- Revolutionary government recognized tribe as a sovereign nation
and guaranteed its territorial rights. Promised the Delawares food
clothing utensils, and implements of war
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- Invited Delaware's and other friendly tribes to form a state of
their own join the newborn nation and send their own representative
to Congress.
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- America would eventually make 375 treaties with Native
Americans Texts of Treaties compiled by Kappler Can be found in
digital form at Oklahoma State University Oklahoma State University
Oklahoma State University
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- Richard Nixon in the early 1970s Russia was bad because she has
not kept any treaty or agreement signed with her Indian people
laugh themselves sick when they here these statements. America has
yet to keep one Indian treaty or agreement Vine Deloria Jr.
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- 1794 Washington sent secretary of war, Timothy Pickering, to
make a treaty with the Seneca Nation "The United States,will never
claim the same, nor disturb the Seneka [sic] nation." 1950's a dam
was planned that would flood the Seneca Reservation Senecas offered
an alternative site for the dam that would cost less and would be
more efficient. Their claims were to no avail.
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- Land theft has been a continuing part of the Indian-federal
relationship Original ideological basis for taking land from
Christian doctrine of discovery Discovery negated rights of the
Indian tribes to sovereignty and equality in the world 1496 John
Cabot instructed to discover countries unknown to Christian
people
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- Alongside land the other main factor for treaties was peace 2/3
land 2/3 land 1/3 peace 1/3 peace Often came along with the
promised protection of the United States Government Submission the
first step from freedom to classification as incompetents People
who had to be taken care of
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- Frequently, what the treaty failed to do congress could shift
by law Unilateral action of Congress Treaty promised one thing,
subsequent legislation, changed agreements Could, and often did,
totally change the implementation of Treaty
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- 1867 United States entered into the first of three treaties
referred to as the Medicine Lodge Treaty Kiowa and Comanche tribes
Plains Apache, Southern Cheyenne and Southern Arapaho Plains
Apache, Southern Cheyenne and Southern Arapaho Treaties created a
reservation for their use Required approval of of adult males for
any of the reservation to be ceded.
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- Lone Wolf V Hitchcock Plenary authority over the tribal
relations of the Indians has been exercised by Congress from the
beginning, and the power has always been deemed a political one,
not subject to be controlled by the judicial department of the
government. i.e. Indians had no title to land All land owned by the
United States Tribes had mere occupancy rights
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- Power to dictate conditions of life and possession on
reservation, held by Congress Many other treaties between Native
American tribes and the United States were unilaterally modified by
Congress in part relying on the decision in Lone Wolf
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- From 1787 until 1860 all treaties with the five Civilized
Tribes contained a clause providing that all " fugitive slaves
belonging to citizens of the United States must be restored to
their owners"
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- 1789 to1850 United States negotiated and ratified 245 treaties.
In the 245 ratified treaties the Indians ceded some 450 million
acres in return for less than $90 million less than twenty cents an
acre. None of the treaties was observed for long. Many of those
treaties have been in litigation for years. Remain today the legal
and moral bases for Indian claims
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- Indian Appropriations Act of 1871, Congress ended the practice
of treaty making with the Indians. Act provided that obligations of
the treaties already made would remain "unimpaired and in effect."
In its more than 370 treaties the United States had gained nearly a
billion acres of territory....
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- Supreme Court has ruled that "treaties made with the Indian
nations are the most sacred obligations of the Federal government.
if interpretation of an Indian treaty is doubtful, it should be
decided according to what it meant to the Indians. But.
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- Native Americans and the Civil War
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- But first Quick quiz Quick quiz Who was: born in a log cabin in
Kentucky born in a log cabin in Kentucky served in the army during
the 1832 Black Hawk War served in the army during the 1832 Black
Hawk War went on to lead his country through the Civil War? went on
to lead his country through the Civil War? Answer: Abraham Lincoln
or Jefferson Davis
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- Leading up to the civil war Native Americans faced an uncertain
future 1) threat of forced removal 2) extermination 3) political
shifts
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- Kansas-Nebraska Act Proposed by Stephen A. Douglas of Illinois
Land west of the Missouri to be organized into two territories
Kansas west of Missouri; Nebraska west of Iowa and Minnesota
Territorial legislatures would decide on slavery
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- Kansas Nebraska act and Native Americans 1834 Trade Act defined
"the Indian country" as all that part of the United States west of
the Mississippi and not within the states of Missouri, Louisiana,
or Arkansas Territory, or any other organized territory. Creation
of new territories drastically reduced Indian Territory
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- Act stimulated expansion into region Pressure on Native
Americans Pressure on Native Americans Became the site of sectional
tension White and Black America White and Black America But also a
new era of frontier violence aimed at Native Americans Especially
in Eastern Kansas
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- Expulsion of eastern nations and Americas rush to pacific
created a continental nation But at huge cost to Native Americans
Removal Removal Wars of Pacification Wars of Pacification
Imposition of American laws and jurisdiction Imposition of American
laws and jurisdiction Assimilationist policies Assimilationist
policies Making Native Americans aliens in their own land
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- Between Two Fires Unsettling world that Native Americans knew
Worsened by secession Single country that had pressured them was
now two separate countries With two separate leaders Both veterans
of Indian wars
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- East Coast Increased efforts to extended state jurisdiction
over them and their lands Increased racist treatment towards them
By the time two white armies began fighting in their lands Many
helped Unionists in a effort to preserve their lives and their
communities
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- One such group were the Pamunkeys of Virginia Mostly employed
as guides and spies for the northern army Their land lay in the
route of McClellans delayed peninsula campaign The Pamunky Indians
are descendents of the Powhatan empire But had gradually been
forced into one of the two main racial identities of the south
Non-white Non-white
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- By the time Virginia seceded on April 4 1861 Descendents of the
Powhattan empire had little love for Virginian Local officials had
circumscribed the their world Economically Economically Politically
Politically Socially Socially As Free persons of color they were
linked with freed slaves and subject to racist attitudes
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- 1802 all free non whites were required to carry their proof of
freedom at all times This included Native Americans who had never
been anything but free No certificate could mean arrest and sale
into slavery 1843 the Gregory petition was drawn up attempt to
claim that they were no longer Indian and therefore land could be
taken 1859 a result of John Browns attack on Harpers Ferry All
Pamunkey were disarmed
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- McClellan, hesitant in warfare, was an excellent planner When
he began on the peninsular campaign he had excellent knowledge of
the complex terrain Most of which came from Native American scouts
such as the Pamunkey Utilized by the Union army as Land guides Land
guides River Pilots River Pilots Spies Spies
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- Terrill Bradby Most documented Pamuncky to serve Born William
Terrill Bradby in 1803 No formal education Married in 1850 4
children 4 children Reported to be between 5 6 5 8 and approx
170lbs
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- Enlisted in the Union Army in May 1862 Illiterate and
recruiting officer wrote name Illiterate and recruiting officer
wrote name Initially served as a land guide for the advancing Union
army Also for Allan Pinkertons Secret Service as a spy Gathering
intelligence on Confederate positions and movements
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- In 1863 transferred to water duty Served initially as a pilot
second class on the James River May 1864 became pilot in North
Atlantic Blockading Squadron Union attempt to strangle confederate
war effort Union attempt to strangle confederate war effort Served
on the USS Schockhon USS Schockhon USS Onondaga USS Onondaga USS
Huron USS Huron Service ended on May 29, 1865 Received a war
pension
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- After war went on to be a show Indian Giving information on
culture to anthropologists Also was put on display at the Chicago
World fair of 1893 Remained a respected member of the Pamunkey
community until his death in the early twentieth century
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- Video
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- Native American's in the Civil War III
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- Student Grant Program Next week offering two Grant Writing
Workshops Sarah Koerber from the University Research Office will
present tips on writing competitive grants Kelly Morgan from the
Office of Sponsored Programs will explain why you shouldn't be
intimidated by the grant proposal forms and or the budget
preparation. Workshop times and locations: - Thursday, February
5th, from 1:30pm - 2:30pm in the Clearwater room of the Commons -
Friday, February 6th, from 10:00am - 11:00am in the Crest room of
the Commons
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- Delaware or Lenape Originally a mid-Atlantic costal people Had
been the first tribe to sign a treaty with the USA Subsequently
faced removal and fragmentation at the hands of the American
government
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- Yet despite this the Delaware supported the Union Of 201
eligible males from the nation Between ages of 18 & 45 170
served in the Union Army Why?
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- Small, weak nation Been battered frequently Been removed
repeatedly Chance that support of the Great Father May come from
supporting the Great Father Tribal survival not anti-slavery or
other moral issues dictated decision
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- a patriotism unequaled in the history of our country Fielding
Johnson, Indian agent Fully appreciates and understands the merits
of the war, which are alive to his own interests, the interests of
his tribe
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- The most well known Delaware to support and fight with the
Union was Suck-tum-mah-kway Black Beaver
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- Born 1806 1834 served as guide and interpreter for General
Henry Leavenworth Interpreter for Colonel Dodge for councils with
Comanche, Kiowa and Witchita Late 1830s and 40s worked for the
American Fur Company
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- When fur trade declined Acted as guide for wagon trains Guided
John Audubon Mexican-American War Beavers Spy Company Indian Texas
Mounted Volunteers
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- Needing troops Union recalled troops from Indian Territory in
spring 1861 Colonial William H. Emory Gathered troops for movement
Black Beaver helped to guide Union forces through confederate lines
on a 500 mile flight without the loss of a man, horse, or wagon,
although two men deserted on the Journey
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- Continued this role throughout the war along with several other
Delaware Guide for the destruction of Confederate railroad lines
and other actions After war Witnessed the Medicine Lodge Treaty in
1867 Services required by Government, military, and scientific
explorers of the plains and the Rocky Mountains Died 1880
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- THE CHEROKEE
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- The Cherokee had been challenged and damaged, as much if not
more than other groups, during removal During the Trail of Tears
and subsequent relocation in Indian territory thousands of Cherokee
had died Frictions from removal, between the Ross faction and the
Treaty faction, continued in their new homes
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- When the battle of the Americans arrived on Cherokee lands
There developed a civil war within a civil war Cherokees served for
both sides during the American Civil War Many Cherokee served as
Unionists Particularly in the Kansas Indian Home Guard Usually
union Cherokee were supporters of Ross Usually union Cherokee were
supporters of Ross
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- In addition approximately 3000 Cherokee served for the
Confederate States of America Usually Treaty Party supporters
Usually Treaty Party supporters During the war Military death
Military death Disease Disease Starvation Starvation Impoverishment
Impoverishment reduce the Cherokee population from 21,000 to
15,000
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- As early as 1863 1/3 of married women were widows of children
were orphans The most well known and effective Cherokee leader with
the confederacy was Stand Waite Born December 1806 Indian Name
Degadoga He Stands [on two feet] Degadoga He Stands [on two feet]
Christian name Issac S. Waite Became know as Stand Waite
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- In October 1861 the Confederacy, led in negotiations by Albert
Pike, signed the Pike-Cherokee treaty This committed the
Confederacy and Cherokee to support each other Led to a split
between northern and southern Cherokee Waite had been made a
Colonel in the CSA 3 months before this Shows his strong
identification with the confederacy
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- The majority of Waites career as a confederate officer was
based in Indian territory He and his supports constantly harried
and attacked both Union soldiers And enemy Cherokees Not always the
same Not always the same Support not constant from CSA But Waite
remained loyal Looking to the future of power structure in the
Cherokee as much as supporting the CSA Looking to the future of
power structure in the Cherokee as much as supporting the CSA
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- CSA made Waite a Brigadier General in spring of 1864 He was an
efficient military leader Considered to be the best CSA leader in
the west at the end of the war Two big victories First was the
capture of The J.R. Williams A Union supply ship Provided goods for
CSA and disrupted Union supply lines
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- The second raid deep into enemy territory over 15 days in
September 1864 Waite along with General Richard Gano Ventured 400
miles in to Kansas Union held Once again skillfully attacked and
harried Union troops along with capturing supplies At the battle of
Cabin Creek, Sept. 19 1864 captured 129 wagons full of supplies and
740 mules 129 wagons full of supplies and 740 mules Killed 200
Union soldiers and took 120 prisoners Killed 200 Union soldiers and
took 120 prisoners
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- June 23, 1865 A man in a tattered CSA uniform At the head of a
cavalry detachment Rode to a meeting place 12 miles from Doaksville
in the Choctaw territory This was to be the scene of Waites
Surrender 2 months after Lee surrendered
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- A Native American created the document which Lee signed The
last southern General to surrender was Native American