MAY\ORlS.MORTO\ This month is the anniversary of a most significant and controversial legal action for the Lumbee Indians It is the 25" anniversary of-the case, Vestia l.ocklear and Lawrence Mas nor s s. Rogers C B. Morton, a case that went all the way to US Court of Appeals. This month "Looking Back While W alking Forward" will take an in depth look at the case. We will review the incidents that lead up to Maynorvs. Morton, as well as its significance to the tribe. The actual litigation in this case began in the 1970s, however, we find that the issues involved began some tons sears earlier. This first article will take us back to the very beginnings of the landmark. Maynor vs. Morton. In the 1930s several bills svere introduced to recognize the Lumbee Indian tribe. The tribe focused on being recognized as the Cherokee Indians of Robeson County in 1932. A federal bill recognizing the tribe as Cherokee would have gone hand-in-hand with the state bill passed in 1913 which recognized the tribe as the Cherokee Indians of Robeson County . Tribal members formed a group calling themselves 'the Southeastern Cherokee Indians of North Carolina." This group would lead the fight to have the tribe recognized as Cherokee. In addition to requesting legislation to recognize the tribe, the group requested _an investigation be conducted to update the 1914 investigation conducted by ; Special Indian agent. O.M. McPherson. The new investigation would be conducted by then-renowned anthropologist from the Smithsonian Institution. . John Reed Swanton. Swanton would publish his report in 1934. The report. " which concluded that the tribe was descendants of the aboriginal Cheraw. | would have a major impact on the tribe's recognition efforts. The bill to recognize the tribe as Cherokee died in the US Senate in July of 1932. In January of 1933. tribal leaders met to discuss strategies to have the legislation reintroduced. A letter writing campaign to US Senator Josiah W. Bailey was mounted, with an excess of one hundred letters being received by the Senator. The efforts of tribal members such as N.S. Locklear. Britton Locklear. D.J. Brooks and Joseph Brooks were not in vain. On May I. 1933 a bill was introduced in the US I louse of Representatives by Congressman Jerome Bayard Clark to recognize the tribe. A companion bill w as introduced in the US Senate by Senator Josiah W.Bailey. However, there was a significant difference . in these bills from the one reviewed by the tribe. The difference being the bill . reviewed by tribe would have recognized the tribe as Cherokee, whereas the actual legislation introduced would recognize the tribe as Cheraw Indians. This change was based solely on the results of the report by anthropologist. John R. Swanton. According to Swanton, "The evidence available thus seems to ! indicate that the Indians of Robeson County' ... are descended mainly from " certain Siouan tribes of which the most prominent were the Cheraw..." The tribe did not seem to be happy and divided into two opposing groups on the issue of a tribal name. However, wewillnotgointodetailregardingthatmatter. Itmay : possibly be the subject of a future article. ; Joseph Brooks began researching the Cheraw Indians. He supported the ; Cherawbill introduced in 1933. Thefollowingyear. 1934, the Senate Committee on Indian Affairs held hearings, and Brooks along with B.G. Graham, who was ! identified as Chiefofthe Siouan Lodge, appeared with Senator Bailey in support ofthe legislation. Harold L. lckes. then Secretary ofthe Interior, recommended ' that the legislation be amended to provide for recognition of the "Siouan Indiansof Lumber River." The Committee accepted the change and recom mended passage of the legislation. We will not go into the details of the tribe's ; efforts regarding this recognition effort, except to say this: on May 23,1934, the . House Committee on Indian Affairs reported favorably on the bill, but the action ; was meaningless; Senator Bailey had withdrawn his support, due to internal , tribal conflict, and the bill died in the Senate. j This defeat would not stop Joseph Brooks in his efforts to gain federal v recognition for the tribe. Congress passed the Indian Reorganization Act (IRA), ! also known as the Wheeler-Howard Act, on June 18,1934. The IRA permitted ] tribes to reorganize under a federally granted charter. Brooks immediately ; contacted Commissioner John Collier to see if the Lumbee were eligible under ' the Act. Collier would contact Assistant Solicitor- Indian Affairs, Felix Cohen, requesting an opinion on the eligibility of the Lumbee. Cohen's opinion would : not only say the tribe was eligible, it would outline a plan for the tribe to follow. ; We find the following in a memo from Cohen: "Clearly this group (the Lumbee) is not a recognized Indian tribe now under . federal jurisdiction," within the language of Section 19 ofthe Wheeler-Howard - Act (IRA). Neither are the members of this group residents of an Indian reservation (as of June !. 1^34) I hese Indians, therefore, like man> other Eastern groups, tan panicipate in the benefits of the Wheeler-Howard Act (IRA)onK in so far as individual members max be ofone-halfor more Indian blood Joseph Brooks immediatelv drafted a proposal that reflected the recommendations of Cohen Part of Brooks' proposal included a land resettlement project that would eventuallv lead to the establishment of Pembroke Farms and Red Banks Mutual Association. Definitelv a great subject for another article In attempting to have the tribe federally recognized under the IRA. a list of the members of the Siouan group who were one-half or more degree Indian blood had to be compiled. A list of eighteen tribal districts (communities), along w ith the number of households for each district and a Councilman for each district, was submitted The roll listed 767 families w ith approximately 6.000 members. This number was out of a total Indian population, according to the US Federal Census, of 12.404. It is important to note that possibly the reason for such a low number of tribal members reported is the fact there was continued controversy over the issue of a tribal name among tribal members. Not everyone supported the efforts of Joseph Brooks and others w ho w ere attempting to have the tribe organized under the I R.A. Nevertheless, the gov ernment felt that a large number ofthe reported households would be identified asone-halfor more Indian blood. A considerable amount of time was spent contemplating w hat ty pe of method would be used to determine the quantity of Indian blood for such a large tribe in the absence of a solid base of tribal records. In that day and time each community knew its tribal members. The tribe had never had the need to keep a list of tribal members, when we had never received any federal monies, and attendance at the Indian schools was left up to the local school committees comprised of tribal elders. These elders did not need a list with the strong tribal cohesion practiced by the tribe. The final plan to determine "blood quantum" combined tribal and familytradition with documentary research. An additional requirement was included in the final plan. This would be the use of "anthropometry." Webster's New World Dictionary defines this word as the science dealing with measurement of the human body to determine differences in groups, individuals, etc. In June of 1936. Dr. Carl C. Seltzer, an anthropologist, visited Robeson County and began collecting physical evidence from tribal members. There were 108 applicants who applied for recognition as one-half or more Indian blood. Dr. Seltzer would collect data concerning skin pigmentation, hair, ear, eyes. nose. lips, teeth, and head, as well blood type and general body measurement. There was a "racial diagnoses" for each applicant. They would consist of the following categories: one-half or more Indian blood; borderline; probably more than one-half Indian blood; probably less than one-half Indian blood; less than one-half and doubtful. Dr. Seltzer would identify three (3) persons with one-half or more degree of Indian blood. These would be Jesse Brooks, Lawrence Maynor and Vestia Locklear. Others were listed as follows: Borderline 2 Probably < '/a 4 Probably > '/a 1 Less Than '/a 97 '/a or More 3 Doubtful I Dr. Seltzer would return in June of 1937 to collect more data. This time there were 101 applicants with only nineteen (19) being identified as having one-half or more degree of Indian blood. These persons would include the following: Jim Baker Brooks, Annie Mae Brooks Locklear, Henry Brooks, Odell Brooks, Ella Lee Brooks, Lake Faddy Brooks, Anna Brooks (all brothers and sisters; Jesse Brooks from the first book was also their brother); Joe B. Locklear and Winnie B.ell Locklear (brother and sister); Ralph Brooks, Jr., Paul Brooks and Lovedy Brooks Locklear (brothers and sisters) and Lawson Brooks, Ralph Brooks, Fannie Brooks Jacobs, Rosetty Brooks Hunt, Lily Jane Brooks Locklear, Mary Lee Brooks Hammond (all brothers and sisters) and Dalcedia Locklear Brooks (the mother of the latter set of brothers and sisters). In Dr. Seltzer's report, we find a total number of209 applicants who applied to be recognized as one-half or more degree of I ndian blood. Out of that number there were twenty-two (22) individuals certified by the Secretary of Interior as being "one-half or more Indian blood." The entire process turned out to be absurd. If twenty-two (22) met the criteria, surely so would their siblings, and for that matter, most of the rest oftheir families. Yet there were instances where one sibling appeared on the accepted list while another was rejected^ Tribal members felt the test was a mockery, and a large number of those identified on say you read it in the Carolina Indian Voice. the roll of the Siouan Lodge, did not apply. The split over the name change was also responsible for the lack of tribal participation I his concludes the historical perspective on Maynor vs. Morton. The persons who were certified as being one-half or more Indian blood would become known as the "Original Twenty-Two." Next week we look at how the surviving members of the "Twenty-Two." along with the assistance of the hastern Carolina Indian Organization, fought for their rights under the Indian Reorganization Act of 1934. Information used to write this column came from The Lumbee Petition for federal Acknowledgment prepared by the Indian Law Unit at Lumbee River l.egal Services! LRLS) and submitted to the Bureau of Indian Affairs on behalf of the Lumbee Tribe. It was written and submitted in accordance to the regulations governing the federal acknowledgment process (25 CFR Part 83), the administrative route for a tribe seeking federal recognition. Co-authors for the petition include the late Julian T. Pierce, Cynthia L. Hunt. Wesley D. Taukchirav and Dr. JackCampisi. This article was prepared by Cynthia L. Hunt. Paralegal of the Indian Law Unit at LRLS. The Carolina Indian Voice Published each Thursday in Pembroke, N'.C. by First American Publications The first issue of The Carolina Indian Voice was published on January 18, 1973 by then editor, owner and founder, Bruce Barton with a $500 personal loan. Connee Brayboy Editor Bruce Barton Publisher Ricky Barton President and Business Manager Garry Lewis Barton Production Manager 1 PROGRESSIVE I SAVINGS & LOAN, LTD. I ^I 'This S100 Minimum Balance Checking Account Allows You To I Write Checks WITHOUT A SERVICE CHARGE As Long As I The Balance Does Not Fall Below $100.00. If the Balance Does Fall Below $100.00, A $6.00 Monthly I Charge And 30 Cents Per Check Is Necessary. This Account I Does Not Pay Interest. DEPOSITS FEDERALLY INSURED TO $100,000.00. Substantial Penalty For Early Withdrawal. Rate Subject To Change Without Notice. PROGRESSIVE I SAVINGS & LOAN, LTD. I 308 N. Chestnut 4400 FayetteviUe Rd. 720 Harris Avenue 410 E. 3rd Street I Lumberton, N.C. Lumberton, N.C. Paeford, N.C. Pembroke, N.C. 738-1478 738-1415 876-2488 521-4206 Re-Elect Paul Brooks Robeson County School Board, District #5 : Paul Brooks The Clear Choice! An Experienced and Proven Leader i- Current Member - School Board - 8 Yrs. / Past Chairman Businessman: President / CEO - Professional ; Providers, Inc. - employs 150 full-time employees ; NC Commission of Indian Affairs: Member 10 years / Chairman ~ Past 8 Years Attended Catawba College and Pembroke State University Veteran - U.S. Army Paul Brooks A Strong Advocate For All Children Prepare every child for productive employment Provide a safe environment and adequate facilities Millions of dollars have been approved for construction of new classrooms and other needed facilities Paul Brooks Striving For Higher Student Achievement And Financial Responsibility Pursue Measurable Goals Hire and retain qualified teachers and other employees by increasing pay supplements for certified and classified personnel PAID FOR BY THE CANDIDATE Jamestown Home Sales "Working To Meet Your Housing Needs" YOUR CRESTLINE MODULAR DEALER I r- ? fSSSL- 1 tat WllCCUtOI / Mfldl I F^TI > , 5**"' i \ jn-T w ?i-i* ... ? r r\ r n IT " * - lc> QUI M iQ oai M.l a ' "'I f^jy to_ lit * X *T" tlVjM MM S?^ ?^ _ fT\ ??*-! * a ??'.? I \ f ONE STORY ,?, ?W ' 11 T-RANCH - *' 24/36/4030 - 3RK2 - 727 I?^ ^jLU (APPROX. 1485 ?q. ft.) ACCEPTING, LUMBEE * HOUSING CLIENTS V. 1 \ . LEASE PURCHASE OR DOWN PAYMENT CALL BEFORE YOU MAKE THAT FINAL DECISION JAMESTOWN HOME SALES Located on Hwy. 72 W. in Lumberton H| h 72 Near Converse and Nash Finch ?g ? M 111 Jinwitown N??h ConvarM m Mob?Horn- Flnoh Inc.

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