Tag: 07-2006

The Lumbee Recognition Controversy by Caroline Barkley

THE LUMBEE RECOGNITION CONTROVERSY
The recognition of Native American tribes by the United States government is an issue that continues to be pressed upon congressional leaders in the twenty-first century. Legal definitions of what is considered “Indian” vary from state to state. This means that many people who identify themselves as members of a Native American tribe that are recognized by their state, may not be recognized by the United States federal government. This is important because federal recognition gives Native American tribes the right to establish tribal sovereignty amongst their people and allows their land to be protected by the federal government in land trusts. One of the most well-known tribes in the Southern United States struggling with this issue is the Lumbee Indian Tribe in North Carolina.
Throughout the twentieth and twenty-first centuries, the Lumbee Indians have fought for federal recognition. In a 2002 article from the Seminole Tribune, Dean Chavers, a Lumbee Indian himself discusses the fight his people have been struggling to win. “A lot of Lumbees make their fight to be federally recognized the main part of their existence,” he states. Chavers believes that Indian people have to work together to achieve Indian rights. “We are in the same boat…” he writes, “…we have to make friends with other tribes, not be antagonistic…”. Chavers details how the opposition from other tribes was overwhelming when Lumbee leaders first began seeking help to reach federal recognition. At the NCAI meeting in 1972, he reports, that the Lumbees were extremely unprepared and received roughly two votes to terminate the Lumbee bill. Chavers explains that the Eastern-band of Cherokee Indians, primarily headed by Cherokee Principal Chief Jonathan Ed Taylor, has taken great strides to kill the Lumbee bill in Congress. He also states the irony of how Lumbee Indian tribe members have actually taken active steps in gaining and regaining recognition for other tribes, “only to have the leaders [of said] tribes turn on the Lumbees once they have their own recognition in hand”. In recent years, however, Chavers notes that many Indian leaders across the country have visited the Lumbee Indians located in Robeson County, North Carolina, to meet and gain firsthand knowledge of the tribe fighting for recognition. “Many have left with highly pro-Lumbee views” he says. He ends on a positive note, explaining that Lumbees must continue to fight for their rights as Native Americans and that recognition could soon be made possible for his people.
An Anthropologist consultant of the Lumbee Tribe of North Carolina, Dr. Jack Campsisi, gave testimony before the Committee on Indian Affairs of the United States Senate in 2006. His testimony for the Lumbee Indian tribe at this legislative hearing was documented. Dr.Campisi details how he conducted a vigorous study of the Lumbee Tribe from 1982 and 1988, spending more than twenty weeks in the community of the Lumbees in Robeson County. Campisi states that in his professional opinion, “the Lumbee Tribe exists as an Indian tribe and has done so over history.” He then gives his scholarly research on the tribal history of the Lumbee. He details the Civil War period when the Congress of 1830 passed Indian Removal legislation forcing all Indians regardless of tribe to leave North Carolina. Campisi notes that Lumbee Indians were also prohibited from serving in the Confederate Army after secession. Dr. Campisi then goes on to describe how the Lumbee Tribe gained state recognition and how they began seeking federal recognition starting in the late 19th century. All of these attempts failed, however. For instance, Campisi describes how several times the bill to accept the Lumbees as a federally recognized tribe would pass in the Senate but not in the House. In another case during the 1930s, the Lumbees were found to be “Indian” but the size of the Tribe and the costs of the government associated with recognition did not allow the bill to pass. Dr. Campisi next elaborates how the Lumbee meet the criterion for federal recognition. In the summary of his findings he explains that the Lumbee meets all the criteria for recognition and that there can be “no doubt about the Tribe’s ability to demonstrate [this] criteria.” He criticizes the Bureau of Indian Affairs, saying that their complaints of the Lumbee having “too little data” has no real evidence in dealing with this affair. Dr. Campisi ends stating that the record of the Lumbee Tribe’s history throughout the 18th , 19th and 20th centuries establish them as an Indian tribe defined by the Department of the Interior’s regulations and that “Congress can act on S.660 (the bill) with full confidence that the Lumbees are, in fact, an Indian tribe.”
These two documents are important to consider when researching the Lumbee Indian Recognition controversy because they give differing yet similar insight to the matter. Dean Chavers himself is aLumbee Indian. His article in a Native American newspaper carries a personal emotional tone. This gives the notion that this is a personal fight and issue for the Lumbee Tribe and that it is extremely important to them. Dr.Campisi’s documented testimony however, gives a scholarly and academic and even legal insight. Dr.Campisi uses extensive research and first-hand knowledge to address the issue of Lumbee federal recognition. He uses his academic findings to back up his opinion of allowing Lumbees to be federally recognized. By examining these texts, both an emotional personal response as well as an outside scholarly approach, one is able to comprehend the importance of this issue in Native American culture that spans from the nineteenth century into the twenty-first century. These primary sources could also provide questions for further investigation into the Lumbee Indian issue. One question to consider from the Chavers article; How has the Lumbee community responded as a whole rather than as a singular voice (i.e. Chaver’s opinion)? Also, is Chavers writing because he senses there may be a lack of fight behind the Lumbee tribe or is this simply a means for more press coverage of an issue he is personally passionate about? Matters to consider from Dr. Campisi’s testimony may suggest that his field studies should be extended; meaning, more data from this century should be collected to create a more precise argument for the Lumbee Indian’s recognition in 2014 and beyond.
BIBLIOGRAPHY
Campsis, Jack. “Testimony before the Committee on Indian Affairs United States
Senate”, Legislative hearing on S.660, July 12 2006, http://www.indian.senate.gov/sites/default/files/upload/files/Campisi071206.pdf,accessed September 23 2014.

Chavers, Dean. “The Lumbee Controversy”, Seminole Tribune, July 05 2002,
http://search.proquest.com.libdata.lib.ua.edu/ethnicnewswatch/docview/362599353/BF9F1DA209D34D25PQ/9?accountid=14472, accessed September 23 2014