Article I, Section 8, Clause 3, the Commerce Clause
"Powers delegated to congress" ...To regulate commerce with foreign nations, and among the several states, and with the Indian tribes
Article VI, Clause 2, The Supremacy Clause states as follows:
...2. This Constitution and the laws of the United States which shall be made pursuant thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any state to the contrary notwithstanding...
Article VI, Clause 2, The Supremacy Clause states as follows: ...2. This Constitution and the laws of the United States which shall be made pursuant thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any state to the contrary notwithstanding...
Guaranteed United States citizenship to Mexican citizens in California and recognition of their land titles. Indigenous Californians were citizens in Mexican and Spanish Law. Their absolute title to the State of California was clear...and acknowledged by the united States. In this statement...
"...statements I have given you, Mr. President ...show that ...Spanish law clearly and absolutely secured to Indians fixed rights of property in the lands that they occupy...and that some particular provision will be necessary to divest them of these rights." "Our occupation is in conflict with theirs...to render this occupation legal and equitable...I have introduced this bill (to enact negotiations)...which recommends...the favorable consideration of the Senate...by its obvious necessity...because it is right in itself...because it is politic...and because it is conformable to the established custom of this Government."
Opponents to negotiated treaties in the U.S. Senate "....saw a policy...deeply affecting the present and future prosperity of the State." "...they (treaty commissioners) have undertaken to assign to the Indian Tribes, a considerable portion of the richest of our mineral lands." "...gentlemen have undertaken to assign a considerable portion of the latter to the Indian tribes, wholly incapable, by habit or taste, of appreciating its value." (we must ask here why indigenous Californians fought and struggled) "...they will...supply, to a great extent, what is so much needed, the labor, without which it will be long before California can feed herself." "To take any...country...west of the Sierra Nevada...for the home of the wild and generally hostile Indians...we claim an undoubted right...to remove all Indian tribes beyind(sic)...limits of the State..."
Eighteen treaties were negotiated to secure legal title to public domain land and guaranteeing reserved lands and protection from white violence for indigenous Californians in 1851-1852
C. Treaty of Camp Persifer F. Smith, June 10, 1851
D. Treaty of Dent's and Ventine's Crossing, May 28, 1851
E. Treaty of Camp Union, July 18, 1851
F.. Treaty of Camp Bidwell, August 1, 1951
G. Treaty of Reading's Ranch, August 16, 1851
H. Treaty of Camp Colus, September 18, 1851
I. Treaty of Camp Cosumnes, September 18, 1851
J. Treaty of Temecula, January 5, 1852
K. Treaty of Santa Isabel, January 1, 1852
L. Treaty of Camp Fremont, March 19, 1851
(covered southern Costanoan territories)
M. Treaty of Camp Barbour, April 29, 1851
N. Treaty of Lipayuma, August 20, 1851v 0. Treaty at the Russian River (Camp Fernando Felix), August 22, 1951
P. Treaty of Lower Klamath, October 6, 1851
Q. Treaty of Upper Klamath, November 4, 1851
Go back to the Costanoan-Ohlone History and Law page.