Murder State: California's Native American Genocide, 1846-1873

7. Federal Bystanders to and Agents of Genocide

7 Federal Bystanders to and Agents of Genocide We desire only a white population in California; even the Indians amongst us, as far as we have seen, are more of a nuisance than a benefit to the country; we would like to get rid of them. Californian (1848) California was seized by U.S. forces on July 7, 1846, as part of the conduct of the war with Mexico. Federal military governors went on to supervise the government of California until December 20, 1849, when the military governor surrendered power to an elected governor and California began life as an unadmitted state.1 This transition began the genocide of California’s Indigenous population in its most pervasive, physical form. As the editors of the Californian suggested, most Euro-Americans wanted Native Americans out of California, and the institution of a state government responsive to the wishes of white settlers, ranchers, and miners was a key first step. Admission to the Union followed on September 9, 1850. However, the federal government continued to play a vital role in California: the role of a bystander and enabler of genocide. With as many as 150,000 Native Americans living in the soon-to-be state, California had by far the largest Native American population in the Union. The federal government was the legal authority responsible for dealing with Native peoples, who were considered people of sovereign nations in terms of diplomacy and treaty making. In the course of the next two decades, though, the 272 part 3 federal government would prove reluctant to contradict the will of the white citizens in California in their democratically driven campaign of physical extermination through violence, kidnapping, exposure, and compulsory starvation. Until 1849 the War Department had responsibility for Indian affairs; that year, the duty was transferred to the Interior Department, and federal Indian agents replaced army officers as the primary managers of Indigenous people.These agents, often with little or no experience with Native Americans, remained connected with the War Department in a crucial way, though. Much of federal Indian policy relied on intimidation of Native peoples in the face of treaty violations, usually by citizens rather than Native populations.Treaties were the arbiter of affairs between the United States, represented by its agents and army officers, and Native peoples. Concluded on a nation-to-nation basis, treaties inherently recognized the limited sovereignty of Indigenous nations.2 California was no different from the rest of the United States in its earliest days as a state. Federal treaty commissioners were chosen in 1850 by the U.S. government to negotiate treaties with Native populations . George Barbour, Redick McKee, and Oliver Wozencraft were selected. None of the three had any knowledge of the Native peoples of California; indeed they had little knowledge of the state itself.The task of the three commissioners, however ignorant of the Indigenous population, was to conclude treaties that would keep Native Americans and Euro-Americans apart, in hopes of avoiding in California the failures common to other treaties made by the United States with Native peoples. The commissioners needed to make treaties with Native people that set aside federally protected reserves of land for their use. Native title to lands not reserved would be extinguished and the land made public.3 The arrangement was as much for the protection of Euro-Americans as for Native Americans. Euro-Americans had a long history of violating the treaties their government made with Indigenous populations. When settlers came onto lands protected by treaties or abused, raped, or killed Native peoples, Native Americans often found themselves in Federal Bystanders to and Agents of Genocide 273 nearly hopeless positions, as the U.S. government and its military forces were seldom willing to exact retribution of its citizens who violated the sovereignty of Native nations. Native Americans were forced to either accept these violations, renegotiate treaty terms for a further loss of territory , or fight the intruders themselves, which almost always produced an armed response by the United States to protect its citizens. It was this repetitive scenario that produced what Vine Deloria called the “trail of broken treaties.”4 Following illegal incursions and subsequent Native American armed responses or diplomatic overtures, new treaties were concluded, Native peoples relocated, and the cycle begun again. However, this was not the case in California because of the inability to move Native peoples any farther west. Americans descended upon California...