Overview
Against Their Will: The Systematic Servitude of California Indians

Authors and Contributors:
Cheryl Tuttle (Yurok/Karuk) Educator and Cultural Preservationist
Formatted and Edited by Maggie Peters (Yurok/Karuk) NASMC Learning Specialists Humboldt County Office of Education
Grades: 8 and 9-12
Suggested Amount of Time: Four 55-60 minute sessions
Curriculum Themes
- History
- Law/Government
Learning Goals
- Identify the forms of involuntary labor forced on Native Californians in the 1700 and 1800’s.
- Analyze the reasons behind the involuntary servitude.
- Examine the outcomes of forced labor and the after-effects on the Native community today.
Unit Overview
This powerful lesson invites 8th grade students to explore a critical yet often overlooked chapter in California’s history, the systematic servitude and exploitation of California Indian peoples. Through historical readings, primary source links, and thought-provoking discussions, students will uncover how Indigenous Californians were forcibly used as the primary labor force under Spanish and Mexican colonization, and how this forced servitude tragically continued even after California became a state. Students will examine the Act for the Government and Protection of Indians, which legally sanctioned the continuation of Indigenous servitude and contributed to government-backed campaigns of violence and extermination.
Designed to promote critical thinking and empathy, the lesson encourages students to work collaboratively using graphic organizers and partner pair-shares to understand and summarize the complex information they encounter. Class discussions and debriefs provide space for students to process the material respectfully and thoughtfully, developing a deeper understanding of the lasting impacts of colonization on California’s Native peoples.
The culminating writing assignment challenges students to articulate what they have learned in a meaningful paragraph, encouraging reflection on the resilience of Indigenous communities and the importance of recognizing this history today. By implementing this lesson, teachers will provide students with a crucial perspective on California history that broadens their understanding of social justice and human rights—equipping them to become informed, empathetic citizens who recognize the importance of acknowledging and learning from the past.
Teacher Background
Teaching about traumatic histories involving atrocities against human beings requires a careful and compassionate approach that centers truth, empathy, and respect. Be mindful to create a safe and thoughtful space where students can engage honestly with painful parts of history, recognizing that understanding these difficult truths is critical to honoring the experiences of populations who have suffered tremendous loss and injustice. When students learn about the full scope of these histories, including the systemic violence and oppression faced by Indigenous peoples, they develop a deeper empathy and a stronger commitment to justice. This honest reckoning is about acknowledging past wrongs and about fostering respect for the resilience and ongoing contributions of Indigenous communities today. By teaching these histories with integrity and care, educators empower students to become thoughtful allies and advocates who appreciate the importance of truth in healing and collaboration. Please read the historical background below before implementing the lesson.
The colonization of California was a brutal time period for California Indians. California was a part of New Spain/Mexico from 1822 - 1846. During this time period, California was sparsely populated by Mexicans, with the majority population being Native Californians. Many of the Spanish people occupying California had been given large land grants and they needed labor for their missions, farms, ranchos, households and businesses. California Indians became the major labor force to build the missions, and work on the ranchos and businesses. While Mexico outlawed slavery in 1829, they did not abolish the forced labor of California Indians. By 1840, California Indians were the sole source of agricultural labor. The forced labor happened through several systems, including debt peonage, where the Indians had to pay off debts owed to their employer for housing, clothes and food; occasionally natives were paid and sometimes they were bought and sold as slaves. There were deeply held beliefs among the Spaniards of a hierarchical society and California natives were at the bottom of the hierarchy.
In 1846, Navy captain John Montgomery in the Monterey area issued an ordinance “respecting employment of the Indian” saying that Indians were free to return to their homes and free to choose their jobs, but only if they had the permission of their current employers. Furthermore, the ordinance stated that if a Native was caught leaving their employer without permission, they could be punished with the same severity as horse thieves. Most employers would not give up their free Native labor, so the so-called freedom was really non-existent. Other areas around the state began to adopt this ordinance, which made Indians either captive labor or outlaws.
In 1847, there was an statewide Indian “Pass” system, where Indians had to carry a pass if they left the property of their employers. If they were caught without a pass they could be arrested. It was the law for Indians to be gainly employed and not vagrants. If any Native was caught not employed or working, they could be arrested and punished.
In 1848, gold was discovered which made Indian labor crucial, as many employers left their ranchos, farms and businesses to look for gold and their places needed labor to continue. Some needed miners so they used Native laborers to help them mine for gold. The overall population was exploding at this time with the influx of gold miners, and the demands of the increasing population put strain and pressure on the businesses who also needed the labor to help them meet increasing demands.
The Mexican-American War took place between 1846-1848. The majority of the burgeoning population in California were United State citizens. With more people occupying the state and California Indians no longer the majority, the value of the California Indian decreased in the eyes of the gold miner. While the Spanish needed the California Indian for labor, therefore, still valued their lives, the gold miners did not see value in the California Indians, but saw them as disposable. As a result, Indians could be worked to death or killed with little afterthought.
As California began the transition to statehood, laws came into effect that basically eliminated any recourse for a California Indian to have a say in their own safety and life direction. In 1849, California Indians were barred from voting, therefore, they didn’t have a say in electing their leaders. In 1850, an “Act for the Government and the Protection of Indians” was passed into law. This Act banned Natives from giving testimony in court and said that no white man could be convicted on the testimony of an Indian. It also allowed for the forced labor of an Indian. If an Indian was not employed, they could be deemed as loitering, immediately subject to arrest and within 24 hours auctioned to the highest bidder, and required to serve the new “employers” until their fine was paid off. There were many instances that the payment given to Natives was alcohol, which then put them in a cycle of being arrested for public drunkenness, then auctioned to the highest bidder, working off their fine and doing it all over again.
This Act also allowed children to be separated from their parents to be “apprenticed” as indentured servants. If a child was without a parent, then they could be sold as an indentured servant. Boys under 14 years of age could be indentured until the age of 25, and girls could be indentured until the age of 21 years. This part of the Act was perhaps the cruelest as it opened up a new market for individuals who wanted to make a lot of money trafficking in human lives. Children could be sold anywhere from $50 to $200. As a result, dangerous and greedy men began to hunt Indians. They would hunt Native families, kill the adults, and take the children to sell. Throughout California, children were forcibly removed from their families, many times the Native adults were killed as they tried to stop their children from being taken, and then these children were sold to the highest bidder. It was said that this purchasing of Native children was such a popular opportunity for the colonizer that one in four colonizer homes had an indentured Native child in it.
In 1851, a law was created banning non-whites from being attorneys and in 1854, Indians were denied the right to own arms and ammunition. Some members of the larger society did not agree with the treatment of California Indians and the selling of Native children. Newspapers had editorials that criticized the taking of Indian children and the killing of their parents. Others brought this tragedy before Congress, protesting the inhumanity of these acts, but because the country was headed to a Civil War, nothing happened.
It wasn’t until the conclusion of the Civil War and Lincoln gave the Emancipation Proclamation, in 1863 that these laws began to be repealed. Unfortunately, the repealing of these laws was late in coming and by 1860, the California Indian population had decreased 90%, from 300,000 to 30,000 (pre colonial population estimates range).