California Treaty L: Village of Santa Isabel, 1852 (unratified)
At Santa Ysabel in 1852, the nation the treaty calls the Dieguino Indians accepted U.S. sovereignty and a reserved district; the Senate never ratified it.
- Signed
- January 7, 1852
- Senate
- Never ratified
- Land given up
- about 3.5 million acres
- Land set aside for the nations
- about 925,000 acres
The Senate never ratified this treaty, so under U.S. law it never took effect, even when the government acted on it.
What happened
What happened
On January 7, 1852, at the village of Santa Ysabel, Indian agent O. M. Wozencraft made a treaty of peace and friendship with the captains and head men of the nation of Dieguino Indians. In Article 1 the tribes of the nation acknowledged the United States as "sole and absolute sovereigns" of the soil and territory ceded by Mexico. Article 3 set apart a district "forever" for the nation's sole use and occupancy, "still reserving to the government of the United States all minerals found thereon." It began at the southern line of the State at the eastern base of the Sierra Nevada and ran north along the base to the reservation set apart for the Kah-we-as, San Luis and Co-con-cah-ra nations.
The nation also engaged that it "will never claim any other lands within the boundaries of the United States." Article 4 promised 1,800 head of beef cattle and 350 sacks of flour within two years, to help the nation move to and settle on the reservation.
None of it took effect. It was one of 18 treaties made in California in 1851 and 1852. The National Archives' Prologue magazine says the senators found the commissioners' appointments irregular, were unsure whether Mexico had recognized native land title, and heard strong objections from white Californians. The Senate "rejected the treaties and, following Senate rules, imposed an injunction of secrecy on them." With the treaties rejected, Indian title was left unresolved. Prologue adds that Indians of California later sought compensation for lands taken without payment in a case before the Indian Claims Commission. It reports that "the case was decided in favor of the Indians."
Good to know. Sources give July 2 or July 8, 1852 as the date the Senate rejected it.
Summarized with AI assistance from 4 sources and checked against their words; not yet reviewed by historians or by the nations. Report an error
What the sources say, and how this was checked
Well supported by the sources below.
shall be and is hereby set apart forever, for the sole use and occupancy of the aforesaid nation of Indians
Tribal Treaties Database (Oklahoma State University): Treaty with the Dieguino, 1852that they will never claim any other lands within the boundaries of the United States
Tribal Treaties Database (Oklahoma State University): Treaty with the Dieguino, 1852the Senate rejected the treaties and, following Senate rules, imposed an injunction of secrecy on them
National Archives, Prologue: The Secret Treaties With California's Indians (Larisa K. Miller, 2013)The case was decided in favor of the Indians.
National Archives, Prologue: The Secret Treaties With California's Indians (Larisa K. Miller, 2013)
Research notes. Prologue gives July 2, 1852 for the Senate's rejection; OSU cites the Senate Executive Journal of July 8, 1852, so only 'in 1852' is stated. The cited sources do not identify the signers' present-day nations. The treaty text gives no acreage.
What the treaty did to the land
About 3.5 million acres given up. about 925,000 acres recognized, kept or set aside for the nations. Each shape is a numbered area in the federal government’s 1899 record of land cessions.
ceded to the United Statesabout 3.5 million acres
Land of the Diegueño in California, ceded 1852 (area 310)
Land outside the reserve that the Diegueño were to give up under an 1852 treaty at Santa Isabel that was never ratified.
set aside as a reservationabout 925,000 acres
Reservation of the Diegueño in California (area 309)
Set aside as a reservation on California's southern line for the Diegueño by an 1852 treaty at Santa Isabel that was never ratified; not a cession.
What happened next
Everything the record holds about this land and this treaty, in order: what earlier agreements said, what this one did, and what the United States, the courts and the nations did afterwards.
- 1852
This treaty
About 3.5 million acres ceded to the United States by the Diegueño. About 925,000 acres set aside as a reservation for the Diegueño
At Santa Ysabel in 1852, the nation the treaty calls the Dieguino Indians accepted U.S. sovereignty and a reserved district; the Senate never ratified it.
- 1852
Promise broken
California: 18 unratified treaties (1851-52) and the secrecy until 1905
Eighteen 1851-52 treaties promised California tribes reserved land; the Senate rejected them in secret and kept them sealed until 1905.
- 2026
Related history
California goal of 7.5 million acres under tribal stewardship
California's Natural Resources Agency set a goal in March 2026 of at least 7.5 million acres, about 7% of the state, under tribal stewardship.
- 2026
Related history
Mechoopda regain 450 acres in Big Chico Creek watershed
The Mechoopda Tribe reportedly took back about 450 acres beside the Big Chico Creek watershed in June 2026, per one local report.
- Date unknown
Related history
California Tribal Nature-Based Solutions land return program
California's Tribal Nature-Based Solutions program funds tribal land returns; its 2024 awards supported about 38,950 acres.
Who is doing the work today
The nations connected to this treaty come first, then groups returning land and defending treaty rights. Support goes directly to them.
Who is doing the work
This history belongs to living nations. Start with them:
- Campo Band of Diegueno Mission Indians of the Campo Indian Reservation, California
- Capitan Grande Band of Diegueno Mission Indians of California (Barona Group of Capitan Grande Band of Mission Indians of the Barona Reservation, California; Viejas (Baron Long) Group of Capitan Grande Band of Mission Indians of the Viejas Reservation, California)
- Ewiiaapaayp Band of Kumeyaay Indians
- Iipay Nation of Santa Ysabel, California
- Inaja Band of Diegueno Mission Indians of the Inaja and Cosmit Reservation, California
- Jamul Indian Village of California
- La Posta Band of Diegueno Mission Indians of the La Posta Indian Reservation, California
- Manzanita Band of Diegueno Mission Indians of the Manzanita Reservation, California
Working with these nations
- Kumeyaay Diegueno Land Conservancy (KDLC) Nation government Acquiring and preserving sacred and culturally sensitive lands in Kumeyaay aboriginal territory Give on their site Website
Native legal and land defense, nationally
- Native American Rights Fund (NARF) Native-led Litigation and legal advocacy for tribal sovereignty, treaty rights, land and resources Give on their site Website
- NDN Collective (LANDBACK Campaign) Native-led LANDBACK campaign (launched 2020; Mount Rushmore closure and return of Black Hills public lands), Indigenous… Give on their site Website
- Indian Land Tenure Foundation (ILTF) Native-led Land recovery and control by tribes and individual Indian landowners Website
- Decolonizing Wealth Project (Indigenous Earth Fund; California Tribal Land Return) Native-led Reparative philanthropy Give on their site Website
Gifts go straight to each organization; this atlas takes nothing. Listing is not endorsement: how organizations are listed.
Sources
Sources
Research notes
Letter A-R follows Heizer (1972) schedule. U.S. commissioner(s): Wozencraft. Tribal names as printed in Heizer, in 1850s spellings; present-day nation identification needs tribal consultation. Senate rejected all 18 in secret session 1852-07-08 (Heizer, Mechoopda); Prologue (NARA) article says 1852-07-02. Injunction of secrecy lifted 1905-01-18. Total proposed acreage not stated in Heizer; Mechoopda page says 'more than eight million acres' for all 18 (self-described tribal source).
Shapes are approximate and are not legal descriptions of land, title or jurisdiction.