Newspapers / The Carolina Indian Voice … / Oct. 27, 1983, edition 1 / Page 12
Part of The Carolina Indian Voice (Pembroke, N.C.) / About this page
This page has errors
The date, title, or page description is wrong
This page has harmful content
This page contains sensitive or offensive material
Court decision allows Catawba Tribe to pursue land claim BOULDER. COLORADO: The Catawba Indian Tribe of South Carolina will be able to continue to pursue a claim for possession of a 140,000 acre reservation in South Carolina based on a 1763 Treaty with the King of England ac cording to a recent federal court decision. The claim was upheld in a decision by the Fourth Circuit Court of Ap peals which reversed the lower district court in South Carolina in Catawba Indian Tribe of South Carolina v. State of South Carolina. The Court of Appeals held that a 1959 act of Congress which terminated aspects of the trust relationship between the Tribe and the United States did not extinguish the right of the Catawba to pursue its claim for possession of pro perty based on the 1790 Non-Intercourse Act. The Non-Intercourse Act prohibits transfers of Indian land with out the consent of the federal government. The Catawba Tribe claims that the 1790 Act I ; invalidated an 1840 treaty J between the Tribe and the ! State of South Carolina under ? ______ which the 140,000 acres were ceded to South Carolina. The Court of Appeals majority opinion stated: "We conclude that the Catawba Indian Tribe Division of 1959 did not ratify the 1840 Treaty, Extinguish the Tribe's existence, termi nate the trust relationship of the Tribe with the federal government arising out of the Non-Intercourse Act, or make the state statute of limitations applicable to the Tribe's claim." Don B. Miller of the Native American Rights Fund, coun sel for the Catawba Tribe, indicated the Tribe would not move forward with its claim for the reservation land. Chief Gilbert Blue issued the fol lowing statement on behalf of the Catawba Indian Tribe of South Carolina shortly after the decision: Statement of Gilbert Blue, Chief of the Catawba Indian Tribe of South Carolina As you know, the Fourth Circuit Court of Appeals ruled week that the Catawba Tribe of Indians the right to maintain a suit in Federal to recover its land and damages -for trespass to its lands. We filed this suit because our efforts to seek a rea sonable settlement were end ed when a State Commission voted against any Federal services and any possibility of expansion of our tiny, 630 acre reservation by voluntary purchases from willing sell ers. That commission, like other governmental bodies before it, had no Indian members, and in its result ignored history, ignored jus tice and ignored fair treat ment. Now, the Fourth Circuit has given us a forum so that our claims can be heard. The issues we will raise in this suit are the same issues raised by other Eastern Indian Tribes such as the Oneida of New York and the Passamaquoddy of Maine. In each of these cases courts have held that tribes have the right to sue to recover their lands and money damages based on the tribe's historical title to land. In our case, we have one other factor that strengthens our claim. The Catawba Tri be, like many other landown ers in South Carolina, traces its land title back to the King of England. In 1763, the Catawba Tribe entered into a treaty with the King to grant to the King Indian title to much of the-land that is now the Carolinas, in exchange for recognized title to a tract IS miles on each side. In 1840 the State of South Carolina moved the Catawba Tribe off its land in exchange for a promise of land in North Carolina and the payment of money. The Catawba Tribe never got the land and never got the money. Since that time the Tribe has sought return of its 144,000 acres. Alt the Tribe has gotten is promises and a 630 acre reservation. All we have sought by way of settlement is sufficient land and resources to permit the Catawba Tribe to be culturally and economically viable. All we have sought is to be treated fairly and honorably. Now, the matter will be decided by the Courts. We are pleased by the decision of the Fourth Circuit. We believe the decision is historic, monumental and significant to all Indian peo ples. In terms of our own suit, the Fourth Circuit eliminated all doubt about there being any legal roadblock to our cUim raised by the 1959 decision of assets act. We, and others who have examined this claim fairly, have known that the Catawba Tribe has a strong case and is likely to recover its land and obtain a damage award in the trial of the case. We were confident that the Fourth Circuit in deciding this case fairly would uphold our rights. We are just as con fident of a victory at trial. One way to cut driving costs in the winter is to clean the snow and ice off from under the fender to reduce gas-eating weight. r ELECT LEE NEVILLE To Pembroke Town Council ruesday, November 8, 1983 "For Better Town Government" > 30%0FF WALL COVERING ONLY Effective October 14 through November 27 ?19-521-8331 PEMBROKE CARPET , SERVICE ? - ? A. Bruce Jones elected to NCAI Board ?* ? Kenneth R. Maynor, Exe cutive Director of LRDA {Lumbee Regional Develop ment Association, Inc.) today announced A. Bruce Jones. LRDA Board Member, the official delegate to the 40th Annual Convention of the National Congress of American Indians (NCAI) in Green Bay, Wisconsin, was elected to the NCAI Board as the Southeastern area Vice President for a 2-year term. Maynor said thai Jones will represent all of the Indians in the Southeastern area of the United States. Jalmes Samp son, Jr., LRDA i^oard Mem ber, also attended the con vention as the alternate dele gate. Maynor also said that Jones is the first Lumbee to serve on the NCAI Board. He is also the Executive Director of the N.C. Indian Commission and is a member of the Board of the Governor's Inter-State Indian Council. He has a long and distinguished history of involvement in Indian affairs and will represent Indians on a fair and equitable basis. Rod Locklear, Vice Chair mand of LRDA Board, said that the Lumbee Indians have a long history of involvement and participation in the Na tional Congress of American Indians. And that Jones' election to that organization is another of the many sig nifioont an/1 mnanr milartAtiac iiui\.aui auu majvi uiutavuiivs of accomplishment for Lum bee Indians. He also said that Jones would represent us well and he will be a strong advocate for all Indians at the national, state and local lev els. Adolph Dial. LRDA Board Chairman, along with Ralph Hunt, who was a delegate to the NCAI Conference in Bis marck. North Dakota in 1982; said that with the election of Bruce to the NCAI Board, the NCAI and Indian people will have a vocal advocate that will fight for the right of Indian people and for their involve ment in decisions that affect them. He said that he ap preciated and respected the efforts of all Lumbee Indians who have given of their time to involve our tribe with, and in, NCAI activities. He stated that while members of the Lumbee Indians have been involved with the NCAI, the Lumbee Indians became a tribal member of the NCAIA by vote of the NCAI Board members at the NCAI Mid-Year Convention in Re no, Nevada in June. 1980. Rod Locklear was the Lumbee Indian delegate at that meet ing. Janie M. Locklear was the alternate delegate. Dexter Brooks and Phyllis Emanuel also attended the convention. In October, 1980 at the 37th Annual NCAI Convention in Sookanc. Washington, the Lumbee Indians tribal mem bership in the NCA1 was voted upon and approved by the tribal delegates from across the country who at tended the convention. Rod Locklear was also the Lumbee Indian delegate. A Bruce Jones was the alternate dele gate. Lonnie Revels, Dexter Brooks, Julian Pierce, Ruth Revels and Pat Cavan also attended the convention and were instrumental in the effort for the Lumbee Indians to join the NCAI. In 1981, Lumbee Indians continued to have representation at the NCAI in Anchorage. Alaska in delegates James Sampson, Jr. and Kenneth R. May nor. Jones indicated that it is an honor to be elected by the Southeastern delegates at tending the NCAI meeting as their representative. And he said he would give of his time and talents to represent all Indians regardless of status. He promised that he would voice their concern and wants at the highest levels. And would work with all the Indian tribes and individuals to en courage them to become - active members of the NCAI in carrying out the "unity" theme of the 40th Convention. He further said he would strive to strengthen the NCAI organization to make it the strong and viable organization that is should be in order to speak on behalf of all the Indians in the United States. And that his energies will be directed toward that end to bring unity and harmony within the Indian ranks so that problems can be resolved in a united effort. Pork prevails at N.C. State Fair RALEIGH-Pork prevailed here at the North Carolina State Fair Tuesday during the swine breed shows. In the Yorkshire breed, Joe Moye Jr. of Farmville walked off with bod) the grand and reserve championships in the gilt class along with the grand champion boar. Reserve champion honors went to Norman Denning Jr. of Four Oaks. Ernest Hall of Jacksonville had the grand champion Hampshire gilt and board and reserve boar/ honors were taken by Lycurous Lowry of Pembroke. ^The reserve champion gilt was shown by Alan Nichols of Bailey. The grand champion Ches ter White came from Feather Down Farm of Ape* and the reserve title went to Oland Peele of Nahunta Farm, Na hunta near Goldsboro. Champ sow honors were claimed by Jason Thomas of Apex and Nahunta Farm had the reserve. With the Tamworth breed, Bennett Brothers of Kenton, Ohio showed the grand cham pion boarr and sow and reserve boar. The reserve champion show was from Ar rowhead Stock Farm of hills boro, Ohio. The best market barrow was a product of Sharp and Sharp Farms of Sims and the reserve honors belonged to Allison Jackson of Dunn. Junior showmanship was awarded to Robbie Wood of Willow Springs with the re serve junior showmanship going to Jason Thomas of Apex. Francis Callahan of Mil ford. 111. judged the show and superintendent was Bruce Shankle, livestock specialist, N.C. Department of Agri ?ltl?re -V our?-1 Kilts are not native to Scotland. They originated in France. A squirrel has no color vision, it sees only in black anH uuhito ?? n, ? Lonesome George Gobel A invites you to the BEMCO * Country Sellabration and SALE^j Bemco s luxurious Royal Sacropedic Sleep Set ^ I BCMCb {PEMBROKE FURNITURE CO^ L Complete Home Furnishing Center BEMCO M ain St. - Pern broke ,,r,a"" ^"?"ra"% TOUR OF A LIFE TIME Florida: Epcot, Disney World, Sea World and Cypress Gardens OCTOBER 24TH ? OCTOBER 28TH, 1983 ?Desse Coach Lines ?10 Seats Available For Information call Benny R. Sampson, Helen A. Sampson at 521-4345 or call Deeae Coach Lines at 521-8717 HUNT'S STUDIO OF PHOTOGRAPHY 'Weddings 'Anniversaries 'Prom Portraits 'General Photography PHONE 521-4176 1 i ... t;nT.'Hl i I KWffii ISyCjPil Vl i/xour Convenient Stop*5^ Space P?r 521-2826 Rent Trawling In Detroit? CALL DOWNRIVER (tfHh TRAVEL ^25^ AGENCY TiltfhiMjtMMt 3800 Fort Street Lincoln Perk, Mich. 48146 FILLIN STATION From 11a.m. antil 2 p.m. *AII the Plaza Yon Can Eat And A Salad For '$2.75 Tuesday...from 6-9 WE OFFER THE SAME BUFFET Brisson Pools SEE US ABOUT FALL SPECIALS! ?Authorized dealer for Sunhut Pool Enclosures. 919-739-4420 Highway 211 E. Lumberton. N.C. Oid Foundry Restaurant 2510 Weil Sth Street Lumbertori, N. C. 28358 ? Pembroke fxit 1-95 ? Hubert Oxendine Phone 919/739-9219 BUFFET DAILY Banquet facilitie* catering Service JOHN'S SERVICE CENTER Union Chapel Road ?Drinks: 10 oz.--25 cents, 16oz.--39c ?Milk: 1 gallon--S2.39 "Mobil Gas ?Cigarettes 70c per pack ?Food and Cold Beverages Complete Garage Repairs 'Radial Tire* ?Body and Paint Work Open 7 Days a Week 8 am en Sundays to 8 p.m. PHONE 521-4263 FELECIA'S STYLING SALON ?Redken Products ?Complete Lines of Nstursl Women Cosmetics Next Door to B&B Outlet SE? Rem 521-2826 THE TYPEWRITER SHOP SALfcS - SERVICE m MEWi USED TYPEWRITERS JSSeR AMD CALCULATORS ' njpWl; 31 YEARS EXPERIENCE IN OFFICE MACHINE REPAIRS Phone 73S-2917 1405 Carthage Road-Lumberton Space For Rent 321-2826 BARB'S COMPLETE SALON ?Harper's Ferry Church area. Next to the Country Barber Shop Permanents, $10.00 off for a limited time only. Tuea. & Wed. from Thurs. A Fri. 8:30 a.m. til 5 p.m. from 8:30 a.m. Call 521- 3320. til 8 p m Space For Rent 521-2826 MOORE'S CHAIN SAW Prospect Ares SNAPPER & YAZOO LAWN MOWERS We Service Wbar we SeS CALL 521-9942 WOOD'S SIGNS PttAIOiYMrStaNM*! P "?T> ''W!&ipt? ?i<nr Ronald Woods " LOWRY'S COUNTRY STORE 'l^flili I tee ef Med *H>rdware PRISCILLA LOWERY OWNER CALL 521-0434 j JOHN'S GARAGE 8 Mllm West of Lomberton Off Hwv. 74 ?Al Foreign mid Pi mi He 3*t*ba?iMd milHMr PHONE-738-9303 BUSINESS SERVICE DIRECTORY <?1 i i ? THOMAS ft SON ? General Electric Hotpoini MjEl franchried Major Appliance Service HBSpBL lefrigeraton Aii Co?diti<??efe-Dtaliwaher*^^^pV__j P-7 taegea-Waabeis-Drvent lewaaa W. Tkaaoa, My. Microwave Ovena-lce Maken PHONE 91^.739^73|i p
The Carolina Indian Voice (Pembroke, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Oct. 27, 1983, edition 1
12
Click "Submit" to request a review of this page. NCDHC staff will check .
0 / 75