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
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