Ambiguous Justice: Native Americans and the Law in Southern California, 1848-1890 (American Indian Studies) [Paperback]

Vanessa Ann Gunther (Author)

Book Description

Series: American Indian Studies | Publication Date: October 3, 2006

In 1769, Spain took action to solidify control over its northern New World territories by establishing a series of missions and presidios in what is now modern California. To populate these remote establishments, the Spanish crown relied on Franciscan priests, whose role it was to convince the Native Californian population to abandon their traditional religious practices and adopt Catholicism. During their tutelage, the Indians of California would be indoctrinated into Spanish society, where they would learn obedience to the church and crown.
     The legal system of Southern California has been used by Anglo populations as a social and demographic tool to control Native Americans. Following the Mexican-American War and the 1849 Gold Rush, as California property values increased and transportation corridors were established, Native Americans remained a sharply declining presence in many communities, and were likely to be charged with crimes. The sentences they received were lighter than those given to Anglo offenders, indicating that the legal system was used as a means of harassment. Additionally, courts chronicled the decline of the once flourishing native populations with each case of drunkenness, assault, or rape that appeared before the bench. Nineteenth-century American society had little sympathy for the plight of Indians or for the destruction of their culture. Many believed that the Indians of Southern California would fade from history because of their inability to adapt to a changing world. While many aspects of their traditional culture have been irreparably lost, the people of southern California are, nevertheless, attempting to recreate the cultures that were challenged by the influx of Europeans and later Americans to their lands.

Editorial Reviews

About the Author

Vanessa Ann Gunther is adjunct professor of history, California State University, Fullerton. She has published Ambiguous Justice: Native Americans and the Law in Southern California, 1848-1890, and has contributed to several compilations on the American West and Native American history.

Product Details

• Paperback: 191 pages
• Publisher: Michigan State University Press; annotated edition edition (October 3, 2006)
• Language: English
• ISBN-10: 0870137794
• ISBN-13: 978-0870137792
• Product Dimensions: 8.8 x 6 x 0.6 inches
• Shipping Weight: 11.2 ounces (View shipping rates and policies)
• Average Customer Review: 5.0 out of 5 stars  See all reviews (1 customer review)
• Amazon Best Sellers Rank: #478,182 in Books (See Top 100 in Books)

More About the Author

Discover books, learn about writers, read author blogs, and more.

Customer Reviews

Most Helpful Customer Reviews

4 of 4 people found the following review helpful:

5.0 out of 5 stars how legal system was used to control Native Americans by early California settlers, December 1, 2006

By 

Henry Berry "Henry Berry" (Southport, CT) - See all my reviews
(TOP 1000 REVIEWER)    (REAL NAME)   

This review is from: Ambiguous Justice: Native Americans and the Law in Southern California, 1848-1890 (American Indian Studies) (Paperback)

Whereas the Spaniards and the Mexicans aimed to control the Native Americans of California by converting them to Catholicism, the Americans when they took over the territory in the 1840s after the Mexican War and the Gold Rush aimed to control them by cynical use of the law and related means of incrimination and enforcement. Gunther sees the lighter sentences Native Americans were frequently given in the numerous legal cases she reviewed (cited both in the notes and the bibliography) as an indication that the law was used primarily as a means of harassment of the Native Americans. The other side of this practice of using the law as an instrument of coercion of the Native American population and advancement of the desires of the newcoming Anglos with respect to acquisition of land and finding manual labor, for example, was that Anglos implicitly and explicitly got preferential treatment. It wasn't until 1875 that a Native American could give testimony against an Anglo; though the Indians could file complaints as is evident from the author's extensive documentary research. Yet before and even after this date, patent crimes committed by Anglos usually went unpunished. In such circumstances, laws enacted to remove Indians to reservations seem altruistic and enlightened; when in fact, they were devised to clear the Native Americans out of an area more quickly and easily than the relatively slow-acting discriminatory legal means. Gunther--with a Ph.D. in Native American history--shows how the law especially was a tool used intentionally and systematically by Anglos with the cooperation of the courts at different levels as a hegemonic tool against the Native Americans to further the Anglos' designs while at the same time, as surely as the violence, disease, and alcoholism, it worked to disintegrate the traditional indigenous cultures.