I hope that this article will help NativeNet readers understand the plight
of the non-recognized tribes of California, and then hopefully motivate you
to contact your Congressman and U.S. Senators in support of us. I can provide
more details on this later.
Thank you.
danny ammon
ammon@neon.stanford.edu
------------------------------------------------------------------------------
It is said that the Immortals lived at Hleldin, "the place where the
rivers come together" in the days before the first men. When the Immortals
left to live beyond the ocean, they left Hleldin for the first men. (1) For
thousands of years life in Hleldin, principal village of the Tsnungwe, remained
essentially the same.
The climate was mild, food plentiful, and the Tsnungwe flourished. The
people grew rich in number, culture, and wealth. Hleldin became a cultural and
economic center for tribes along the Klamath, Trinity, amd South Fork Rivers.
The Tsnungwe spoke a Hupa dialect, in the Athabascan family. Since Hleldin was
an important trade center, the Tsnungwe often spoke five or six languages:
Chimariko, Wintun, Redwood, Wiyot, Hoopa Valley and South Fork Hupa. Goods
from far away were brought to Hleldin: dentalia from the state of Washington,
obsidian from the Modoc Plateau, and redwood canoes from the coast were major
trade items.
Imagine the sight that greeted the Jedediah Smith or Josiah Gregg
Parties when hundreds of people watched them from the banks of the South Fork
of the Trinity River. (2-3) Within a year of Gregg's arrival there were 2000
miners along the Trinity River. (4) Hoping to avoid conflict, U.S. Army
Colonel Redick McKee signed the Treaty of Lower Klamath on October 6, 1851.
A number of tribes, including the Tsnungwe, were parties to this agreement. (5)
But, the treaty was neither honored nor ratified.
An influx of whites in heavily populated Tsnungwe areas resulted in
conflicts as the whites pushed out the Indians. In 1853, a mail carrier was
shot and a settler's home in Burnt Ranch was attacked. White retaliation for
these acts included killing Indians and burning villages in Hayfork and along
the Trinity River. (6) Permanent white settlements and roads began to appear.
A ferry was licensed at the mouth of the South Fork in 1857. (7) Battles
occurred between the whites and Tsnungwe. (8) By 1864, military and volunteer
patrols insured that the territory was rid of Tsnungwe; they had been killed,
removed to Hoopa, or hid in the hills. That same year, the establishment of
the Hoopa Valley Indian Reservation was authorized. (9) An Indian agency,
school, medical care, and exclusive right to the Hoopa Valley and the hills
nearby were promised in the 1864 "Treaty of Peace" to the Indians, including
the Tsnungwe, if they gave up their guns, ammunition, and did not leave the
reservation without permission. (10)
Eventually there was an end to the violence, but conditions on the
Hoopa Valley Reservation were deplorable. (11) A longing for home during this
difficult time and the living conditions moved many Tsnungwe to quietly return
to their homelands. Fortunately, the Tsnungwe met no resistance. Among these
families were: Saxeys, Petes, Dartts, and Campbells. Upon their return they
found that village and home sites had been homesteaded by white miners and
settlers. Tsnungwe families built homes near original villages and began to
grow and gather food, raise families, and restore order.
This period would have meant the end of a weaker people but strong
family and leadership traditions allowed the Tsnungwe to work together and
hold onto the values. As in days of old, the Tsnungwe lived in extended
families. Traditionally, family units resided in separate villages.
Generations lived together: grandparents, aunts and uncles, cousins, brothers
and sisters, and children. Each community was governed with one or two people
who were looked to for leadership in dealing with other villages and in
ceremonies, trade, shared territory for hunting/fishing/gathering, and warfare.
Community leaders were typically men who had achieved high social status. Our
villages were destroyed, but the family-based leadership remained intact.
To illustrate our governing system, the leadership in one of our family
units, the Saxey family, will serve as an example. We will begin with Saxey
Kidd, who led his family back to the homeland in the late 1800s. The family
leadership was passed from him through the generations first to James Chesbro
then Ray White followed by Wes, Charles, Phillip, and John Ammon who are
active in the elders council of our modern, organized tribal government.
Saxey Kidd was born at Hleldin before the Gold Rush and grew up at the
mouth of South Fork during the years of white/Indian conflict. Although he was
relocated to the Hoopa Valley Indian Reservation in the late 1850s, he later
returned to his home with his family. At his ranch along the South Fork, he
successfully raised a large, extended family on the Saxey Ranch. He was an
influential religious, political, and cultural leader. Around the turn of the
century, the anthropologist Pliny Goddard wrote of Saxey's religious
leadership in the Hupa ceremonies, and also recorded a number of stories from
Saxey that appear in "Hupa Texts". (12) An example of his social leadership
was joint ownership of our fishing hole where Madden Creek meets the South
Fork. This ownership could be purchased, exchanged, and passed on to family
members.
The leadership of Saxey Kidd was followed in the next generation by
Saxey's son-in-law James Chesbro. James Chesbro was an important figure to the
white and Indian communities in the southern Hupa territory. Before the age of
automobiles, he was responsible for leading pack trains through our area.
Another example of his political leadership in our community was his
involvement with enrolling the Indians of California in 1928. Elderly,
respected citizens of the Indian communities were needed to sign an affidavit
for each applicant. Our people were enrolled as Hupa Indians whose ancestors
were the Hupa Indians of Humboldt and Trinity counties when the treaties were
signed. James Chesbro performed the important duty of certifying these
applications. Chesbro also figured prominently in religious, cultural, and
social areas. Saxey Kidd chose to pass ceremonial regalia to Chesbro who later
led at least one Brush Dance ceremony near his home in Burnt Ranch. In the
1920s, the anthropologist C. Hart Merriam visited Chesbro in Burnt Ranch,
recording ethnographic data on the Hupa Indians. (13)
Leadership of the following generation was provided by Ray White,
grandson of Saxey Kidd. Ray White grew up in the age when our people first
started attending schools. As one of the older children who was sent to
Chemawa Indian School in Oregon, he assumed a role of social leadership for the
children of our area. He was highly respected at Chemawa, and was considered
one of its best students. Chemawa gave Ray the responsibility or arranging and
supervising transportation for our children who ventured so far from home.
After completing his education and serving in World War I, he returned home and
was an active community leader. An example of this leadership was serving on a
local school board. Ray White was also involved with the religion and culture,
participating in ceremonies.
The generation following Ray White includes members of our current
elders council. Wes, Charles, Phillip, and John Ammon, all great-grandchildren
of Saxey Kidd, are members of the Tsnungwe elders council along with elders of
other Tsnungwe families. Our tribal chairperson is Paul Ammon, great-great
grandson of Saxey Kidd. Together they perform the most important role in our
current, formalized government by giving us guidance in moving forward.
Our constitution is based on the "old way", with the well respected
elders having control over tribal affairs. Our political leadership is formed
by two councils: a general council composed of all adult tribal members, and an
elders council composed of family leaders from the Tsnungwe families. The
general council is responsible for proposing ideas/projects and putting them
into action, but only if the elders approve of the proposals. Social and
cultural projects are a vital part of our tribal affairs. Dan Ammon, Dena
Magdaleno, Mike Ammon, and Jim Ammon, all members of the Tsnungwe general
council, are involved in coordinating tribal meetings, researching our history,
and planning cultural events.
In addition to our traditional family-based governance system, our
continuing Indian identity has helped us remain a strong community over the
years. Coming from strong tribal leaders such as Saxey Kidd, James Chesbro,
and Ray White, we have continued to preserve our Indian identity through
previous tribal recognition by the Bureau of Indian Affairs, and by
involvement in the Indian Board of Co-Operation, the Jessie Short lawsuit, the
Indians of California, the State Indian Museum, the protection of the village
site of Hleldin, and various ongoing programs.
After re-establishing the Tsnungwe community in our homeland, the
Bureau of Indian Affairs recognized our tribe as one of the "landless bands and
tribes of California". C.E. Kelsey, Secretary for the Northern California
Indian Association and Special Indian Agent for California, recognized the
Tsnungwe in his 1905-1906 list of landless bands and tribes as the "Trinity"
tribe of Humboldt County. This recognition of the Tsnungwe was reaffirmed by
the BIA in 1927 by Sacramento Superintendent L.A. Dorrington and Commissioner
of Indian Affairs E.B. Merritt when they again referred to the Burnt Ranch
band as one of "landless bands and tribes of California".
During the 1920s, a Tsnungwe chapter of Frederick G. Collett's Indian
Board of Co-Operation was established in our territory. Chapter meetings were
consistently held from this time through the 1950s. Our tribal members were
very active during this period in inter-tribal, state and national politics
mainly concerning payment for the lands of California.
The Jessie Short Case was brought about because of unfairness in the
Bureau of Indian Affairs' treatment of Indians in our area. The Jessie Short
Case began in 1963 when individuals of neighboring tribes of the Hoopa Valley
Tribe sued the Bureau of Indian Affairs and the Hoopa Valley Tribe for rights
and benefits on the Hoopa Valley Indian Reservation. Our people joined in
this lawsuit because of our connections through the 1851 and 1864 treaties.
Consistent with our traditional governing structure, Tsnungwe family leaders
helped to organize all the papers and eventually represented their families in
court. Although the case is still unsettled, nearly all Tsnungwe Indians were
disqualified because our ancestors lived in southern Hupa territory (as we
continue to do), and not on the Hoopa Valley Reservation.
Another instance of our Indian identity is as Indians of California.
Our people are enrolled with the Bureau of Indian Affairs as Indians of
California. This goes back to the work that was done in 1928 by leaders
including James Chesbro. In 1972, we were finally paid a small sum for the
United States taking the lands of California. Another benefit from being
enrolled as Indians of California is eligibility for Indian Health Services.
Along with previous tribal recognition, the Indian Board of
Co-Operation, the Jessie Short lawsuit, and enrollment with the BIA as
Indians of California, our Indian identity is reflected in our relationship
with the California State Indian Musuem. In 1977, Paul Taylor, grandson of
Saxey Kidd, donated ceremonial obsidian blades, dentalium and bead necklaces
that had been passed down to him. It was his desire for the items to be in a
place where many people could appreciate these symbols of our pride. Upon our
request, the museum has arranged special private showings for our people and
explained the steps they take to preserve our donation.
The Tsnungwe community was faced with a very serious situation during
1987 and 1988 when a bridge was built over the mouth of the South Fork, at the
site of our old village of Hleldin. As "most likely descendants", people from
our community worked as "Indian observers" to protect what remained of the
Hleldin site. We worked with Cal-Trans and the Native American Heritage
Commission in their efforts to complete the new bridge while preserving our
ancestral lands. Upon completion of the bridge, it was dedicated as a memorial
to the village of Hleldin.
We continue our strong Indian identity through participation in a
number of ongoing programs and services. Cultural programs include Hupa
language classes with Hoopa Valley, and the Title V Indian Education and
Cultural Program in the schools for our children. Social programs include
health services at the Trinity Rural Indian Health Clinic in Weaverville,
where one of our elders, Violet Warren, is on the board of directors. Also,
we benefit through Indian scholarship programs at the college level. And
looking to the future, we continue to work with the Northern California Indian
Development Council (NCIDC). Our tribe is a member organization of NCIDC and
our tribal representative is one of the Council members to NCIDC. Through
NCIDC, our tribe has received Administration for Native Americans funding to
assist us in restoring our federally recognized tribal status, i.e. "status
clarification".
As well as providing strength for the Tsnungwe community to persist,
our traditional family based governance system and continuous Indian identity
demonstrate that we meet many of the requirements by the Bureau of Indian
Affairs to be granted status as a federally recognized tribe. The remaining
requirements are easily answered. We have a governing document, our
constitution, which is attached. (See Appendix A) A current roll of tribal
members that have completed enrollment forms and have been approved by the
elders council is also attached. (See Appendix B) We are not a splinter group:
no Tsnungwe tribal members are enrolled with any federally recognized tribe.
And finally, we were never terminated by Congress. Therefore, the Tsnungwe do
meet the BIA's criteria for tribal recognition.
Given that we meet this criteria, and in light of our previous tribal
recognition, an expedient legislative solution is encouraged to restore our
tribal status. As noted above, we were definitely recognized by the BIA in
1927 by Superintendent Dorrington and Commissioner Merritt. But as with many
other tribes across the state, we were never allowed to organize under the
Indian Reorganization Act (IRA) of 1934. Legislation extending the IRA to the
previously recognized tribes of California would provide a simple and
cost-effective solution to clarifying our tribal status.
We have spent countless hours and travelled many miles in working to
restore our federally recognized status. Our people were murdered; our land
was stolen; our tribal rights have been taken away; our treaties were never
ratified. And yet, we are still here, living on our homeland as we have done
for countless generations. We deserve the respect as the people of our
land ... and we ask for that recognition.
ENDNOTES
1. Goddard, Pliny Earle. "Hupa Texts".
University of California Publications American Archaeology and
Ethnology. Vol. 1, No. 2.
1904.
2. Davis, Lee. "Tracking Jedediah Smith Through Hupa Territory"
American Indian Quarterly, University of California.
Fall, 1989.
3. Gregg, Josiah. "Diary and Letters of Josiah Gregg: Excursion in Mexico and
California"
Edited by Maurice Garland Fulton.
University of Oklahoma Press.
1944.
4. Cox, Isaac. "Annuals of Trinity County"
Commercial Book and Job Steam Printing Establishment.
1858.
5. Gibbs, George. Journal of the expedition of Col. Redick McKee.
"Indian Tribes of the United States".
Henry R. Schoolcraft.
1853.
Baumhoff, Martin A. "California Athabaskan Groups"
University of California Anthropoligical Records.
Vol. 16, No. 5.
1958.
Nelson, Byron Jr. "Our Home Forever: The Hupa Indians of Northern
California", p. 181-185.
Howe Brothers, Salt Lake City, Utah.
1978.
6. Cox, Isaac. "Annuals of Trinity County"
Commercial Book and Job Steam Printing Establishment.
1858.
7. Fountain, Susie Baker-. "Susie Baker-Fountain Collection"
Humboldt County Library, Humboldt Room.
Vol. 96 page 234.
1967.
8-11. Nelson, Byron Jr. "Our Home Forever: The Hupa Indians of Northern
California"
Howe Brothers, Salt Lake City, Utah.
1978.
12. Goddard, Pliny Earle. "Hupa Texts".
University of California Publications American Archaeology and
Ethnology. Vol. 1, No. 2.
1904.
13. Heizer, Robert. "Catalogue of C. Hart Merriam Collection of Data
Concerning California Tribes and other Indian Americans".
University of California.
1969.