During the first California state legislative session, lawmakers voted to eliminate the right of Indians to vote because they feared the control the Indian peoples might exercise. The Legislature also enacted the “Act for the Government and Protection of Indians.”
This law set the tone of Indian-white relations for many years. The act provided the following:
- The Justice of the Peace exercised jurisdiction over all complaints between Indians and whites, “But in no case shall a white man be convicted of any offense upon the testimony of an Indian or Indians.”
- Landowners would permit Indians who were peaceably residing on their land to continue to do so.
- Whites could obtain control of Indian children.
- If any Indian was convicted of a crime, any white person could come before the court and contract for the Indian’s services and in return pay the Indian’s fine.
- It was illegal to sell or administer alcohol to Indians.
- Indians convicted of stealing a horse, mule, cow, or any other valuable could receive any number of lashes up to 25, and a fine not to exceed $200.
- The law also provided that the abuse of an Indian child was to be punished by no more than a $10 fine.
- An Indian found strolling or loitering where alcohol was sold, begging or leading a profligate life was liable to be arrested.
- After the justice of the peace, mayor or recorder would make out a warrant and within 24 hours the services of the Indian could be sold to the highest bidder.
- The term of service would not exceed four months.
This law was widely abused with regard to the use of Indians as laborers. It eventually was used to justify and provide for what would later be coined as Indian slavery.