Download Ambiguous Justice: Native Americans and the Law in Southern by Vanessa Ann Gunther PDF

By Vanessa Ann Gunther

In 1769, Spain took motion to solidify regulate over its northern New global territories by means of developing a sequence of missions and presidios in what's now sleek California. To populate those distant institutions, the Spanish crown trusted Franciscan clergymen, whose function it was once to persuade the local Californian inhabitants to desert their conventional spiritual practices and undertake Catholicism. in the course of their tutelage, the Indians of California will be indoctrinated into Spanish society, the place they might study obedience to the church and crown.
     The felony method of Southern California has been utilized by Anglo populations as a social and demographic software to manage local americans. Following the Mexican-American battle and the 1849 Gold Rush, as California estate values elevated and transportation corridors have been confirmed, local americans remained a sharply declining presence in lots of groups, and have been prone to be charged with crimes. The sentences they obtained have been lighter than these given to Anglo offenders, indicating that the felony method was once used as a method of harassment. also, courts chronicled the decline of the as soon as flourishing local populations with each one case of drunkenness, attack, or rape that seemed earlier than the bench. Nineteenth-century American society had little sympathy for the plight of Indians or for the destruction in their tradition. Many believed that the Indians of Southern California might fade from background as a result of their lack of ability to evolve to a altering global. whereas many elements in their conventional tradition were irreparably misplaced, the folk of southern California are, however, trying to recreate the cultures that have been challenged by means of the inflow of Europeans and later american citizens to their lands.

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Additional resources for Ambiguous Justice: Native Americans and the Law in Southern California, 1848-1890

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On 22 April 1860, the state legislature amended the infamous 1850 Law for the Protection of the Indian. ” The length of time an American Law, 1850–1865 29 Indian minor could be held in bondage was also extended. Upon application to the county recorder, an Anglo individual could control the labor of an Indian male until age twenty-five and females until age twenty-one, if they were indentured before the age of fourteen. Also under this new revision, the age for indentured service increased to thirty years for men and twenty-five years for women, if the Indian was over fourteen at the time of their indenture.

Instead, the prejudices of the agent often resulted in the punishment of an Indian for behavior that would not be considered a crime in the larger 34 Ambiguous Justice Anglo society. Additionally, since the justice court had served as the referring court for higher court action against Native Americans, the presence of Indians in the county and district courts decreased. This meant that any of their complaints would be addressed in an informal manner and without judicial oversight. As the nineteenth century neared its conclusion, the federal courts became increasingly involved in the judicial proceedings against Indians living on federal reservations, but largely left the decision on whether to refer to a higher court to the agent.

In southern California during the first decade of the state’s existence, the limited tax revenue generated by the sparsely populated region and a lack of trained judicial representatives forced the local courts to operate in conditions that often mimicked the miner’s courts. 45 Additionally, the language barrier that existed because a primarily Spanish-speaking population was now being governed by an English-speaking legislature only added to the confusion. 46 The use of vigilance committees, while illegal according to the new state stat- American Law, 1850–1865 25 utes, also proved to be quite popular.

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