One Step forward, two steps back….Rick Barton

It’s not that the Robeson County school system doesn’t need help- it does. It’s not that the school board members don’t have a right to choose a superintendent -they do. It’s not that Ben Chavis doesn’t have a clue. He does. Usually. It’s not that the newly hired superintendent isn’t qualified. We’re not sure. We have no information on his credentials just yet.

The issue is why go behind closed doors to make decisions that affect our county in such a large way. Is this a violation of NC meeting of Public Bodies law? What about the NC Board of Education rules for conducting public business? What about the Robeson County Board of Education rules for conducting meetings? Have any of these been broken? The attorneys will have to answer those.

Everyone involved in this situation will agree the education of our children is the most important issue. Yet, it seems we have returned to an 1865 mentality where decisions are made for the masses because the masses can’t make decisions for themselves. If you want to get rid of the superintendent do so openly with full transparency. If you want to hire a new superintendent do so openly with full transparency. Why would you not complete an exhaustive search and get the best candidate to lead the educators who will shape the minds of our future, our children?

Saying it was OK to fire Tommy Lowry because of the way he was hired is publicly admitting that two wrongs make a right. That is ridiculous! All members of the school board should follow a moral compass that is higher than that of a first grader.

Publicly referring to an educator with 30 years of service as a loser was uncalled for, unacceptable and quite frankly wrong. Especially, coming from someone who has made a career outside of Robeson County and may not understand the intricacies of Robinson politics. Is this a case of sour grapes or is this just a continuation of the divide and conquer policy as it applies to Native Americans of Robeson County. Ben Chavis has not been elected to any position, especially the Robeson County Board of Education. While I appreciate his desire to make things better, I do not believe he single handedly is the answer to the education problem in Robeson County. I don’t believe there is one single person who can fix this. It must be a group effort.

The school board is going to buy out Mr. Lowry’s contract for what is reported to be $180,000 a year. Do the math! That’s $270,000. This is coming at a time when school supplies are nonexistent, textbooks are missing and there is a shortage of teachers because of money.

The board members who voted in favor of this will all tell you that it was legal because they had the votes. Legal is not always right. At one time it was legal to own slaves in our county. Legal but not morally right. Why all the cloak and dagger nonsense. Everyone on the board ran and was publicly elected to their position. Why then are they crawling around in the dark? Represent your district and your constituents in the light. Stand up for what you believe in. The Robeson county board members who voted in secret to bring about this change are a poor example of leadership, political gamesmanship and doing the right thing. As elected leaders in our counting there should never be, not even the slightest hint of impropriety regarding your actions. You were elected, you were chosen because your constituents believe that you will do the right thing, the right way every time. Hiring anyone for any position without going through a legitimate hiring process is not the right thing. Ever.
Is this about Quality education? Or is this another political football? Is this a way to make sure the new Board of Education is not constructed at ComTech?

You may have hired an excellent superintendent. We will never know. His effectiveness and ability to get the job done has been compromised by your behind scenes shenanigans to get him hired.

#politicsasusual, #Divideandconquer, #keepcountybusinessoutofpembroke, #Keepthepublicinthedark, #lifeinrobco, #Rulesdontapplytous.

Are we Indians or what?

Eleven studies done on the Lumbee Tribe by personnel from the Bureau of Indian Affairs express no doubt that the ancestors of the modern day Lumbee Tribe were Indian. For example, in 1914, Special Indian Agent O.M. McPherson, sent to investigate the history and condition of the tribe, concluded that the tribe was descended from the Cheraw Tribe. Further, in 1934 the Department expressed to Congress, based upon a report by the eminent John R. Swanton of the Bureau of Ethnology, that the Lumbees descend from the Cheraw and related Siouan speaking tribes of coastal North Carolina. This conclusion has since been corroborated by leading historians in the field, including Dr. William Sturtevant, editor in chief of the Smithsonian Institution’s Handbook of North American Indians and Dr. James Merrell, professor of colonial history at Vassar College. Dr. Jack Campisi, the tribe’s ethnohistorian who testified before the Committee, also confirmed the Cheraw origins of the Lumbee.

You should read, for instance, the various reposts such as various Department of Interior representatives such as Charles F. Pierce (1912), O.M. McPherson (1914), Fred Baker (1935), and D’Arcy McNickle (1936); various Smithsonian Institute ethnologists such John Reed Swanton (1930s), Dr. William Sturtevant (1960s), and Dr. Samuel Stanley (1960s); in conjunction with Anthropologists such as Gerald Sider and Karen Blu; Geneologist Michelle Lawing and Dr. Malinda Lowery all acknowledge the Lumbee as a Native American people.

In the first federal census of 1790, the ancestors of the Lumbee were enumerated as Free Persons of Color. The U.S. Census did not have an “American Indian” category for non-tribal Indians until 1870. Up until the 1960 census, census enumerators often categorized individuals themselves, thereby determining the race of a particular individual by sight. Virginia outlawed interracial marriage in 1691. This was the first time in American history that a law was invented that restricted access to marriage partners solely on the basis of “race”, not class or condition of servitude. Later these laws also spread to colonies in the Thirteen Colonies , including North Carolina. In 1705 the colony defined a “mulatto” as “the child of an Indian and the child, grand child, or great grand child, of a negro,” and in 1785 the commonwealth clarified that definition to apply to “every person who shall have one-fourth part or more of negro blood.” In other words, if you were one fourth black and three fourths Indian, you were considered a “mulatto”

The Racial Integrity Laws, which included the Racial Integrity Act (RIA) of 1924, were a series of legislative efforts designed to protect “whiteness” against what many Virginians perceived to be the effects of immigration and race-mixing. These laws explicitly defined how people should be classified—for example, as white, black, or Indian—and then, through Virginia’s newly created Bureau of Vital Statistics under the direction of Dr. Walter Plecker, aggressively policed the distinctions. Most of Virginia’s Indians had been classified by the RIA as racially black, a designation that continues to be an obstacle for federal tribal recognition among many tribes in and around the eastern part of the US. In 1912, the General Assembly created the Bureau of Vital Statistics to register all births, deaths, and marriages in the state, and all birth certificates had to state the race of the parents.

Under the direction of Dr. Walter Plecker, the Bureau of Vital Statistics became an active agent in policing the color line. By the early 1920s, many white Virginians, including Plecker, believed the 1910 law had failed to defend their prerogatives. elite white Virginians embraced the scientific racism espoused by the Anglo-Saxon Clubs of America. Founded in Richmond in September 1922 by internationally renowned pianist John Powell, self-styled ethnologist Earnest Sevier Cox, and Plecker, the ASCOA committed itself to preserving white “racial purity.” Powell provided the movement’s star power and publicity; Cox’s book White America (1923) provided the pseudoscientific, eugenic justifications; and Plecker backed the other two with the state’s police power. The ASCOA demanded legislation prohibiting interracial marriage and defining anyone with any non-white heritage—even one drop—as black.

The ASCOA’s rhetoric decrying race-mixing angered powerful Virginia families that claimed descent from Pocahontas and John Rolfe. Thus, the ASCOA’s racial integrity bill was amended to allow the marriage of whites with anyone having less than one-sixteenth Native American blood—a fraction of “Indian” heritage that preserved these families’ whiteness. This became known as the “Pocahontas clause.” Legislators passed the amended RIA to wide acclaim and Plecker began zealously enforcing the act.

Plecker believed that Virginia’s Indians had thoroughly interbred with African Americans, rendering all “modern” Indians—especially those in Amherst and Rockbridge counties—black. Plecker instructed local registrars to affix a warning label to the birth certificates of people claiming Indian heritage; the label stated that the person was “colored” and provided genealogical information. Plecker also ordered registrars to refuse marriage licenses to anyone with any trace of non-white blood attempting to marry a white person. In a 1943 letter to local registrars, clerks, and legislators, Plecker erroneously asserted, “[T]here does not exist today a descendant of Virginia ancestors claiming to be an Indian who is unmixed with negro blood.”

To defend white privilege, the General Assembly passed another racial integrity law in 1930. Under this statute, people with one-quarter Indian blood and less than one-sixteenth black blood were classified as Indians—but only if they lived on a reservation, segregated from whites. Anyone else with even “one drop” of non-white blood was henceforth black—unless exempted by the RIA’s “Pocahontas clause.” This meant that the Indians of Amherst and Rockbridge counties became black by law. He and his staff relied on birth certificates, marriage licenses, tax records, and gossip to decide who was white and who was not. Plecker “corrected” birth certificates if he thought a person was trying to “pass” as white. He targeted Native Americans in the belief that they were really blacks trying to pass as something else. The pride Plecker took in his work is evident in a letter he wrote in 1943, during World War II:

“Our own indexed birth and marriage records, showing race, reach back to 1853. Such a study has probably never been made before. . . Hitler’s genealogical study of the Jews is not more complete.” Plecker intentionally attempted to eliminate any evidence of any “Indians” in the State of Virginia, in order to purify the “white race”. Plecker modified birth records in the State of Virginia and in some cases Plecker actually ordered any documented record on any individual that indicated “Indian” destroyed, as well. Plecker threatened midwives that indicated “Indian” as the race on the birth certificate.

Virginia’s RIA remained in force until the U.S. Supreme Court declared it unconstitutional in Loving v. Virginia (1967). Virginia’s Monacan Indians have continued to battle their 1924 legislative reclassification as non-Indian, seeking tribal recognition from the federal government.

So, despite racists, despite paper genocide, despite the government and despite all the neighsayers, absolutely YES, we are Indian people.

Bruce Barton, Lumbee Warrior will be missed!

web1_bartonBruce will certainly be missed as a historian, activist, mentor, brother and friend. While he and The Robesonian didn’t always see eye to eye, he did believe in the power of the written word.It is a testament to to both Bruce and the powers that be at the Robesonian over the years to understand that writing is a great way to be heard. A great way to tell the story that needs to be told. Yes, Bruce loved his Indian people. No doubt. Yes he felt that we didn’t always get a fair shake in the Robesonian. Like our father, Lewis Barton who wrote about the quality or lack there of life in Robeson county in the 40;s (Barton, Lew. “A Report on the Robeson County Indian.” Robesonian 18 May 1949) Bruce understood the value of the newspaper in regards to its audience.

In a time when the internet, Facebook and sound bite TV has taken a large chuck out of newspapers following, he was able to adapt and use new and old media to convey his thoughts and Ideas. See www.thecenterforlumbeestudies…. as just one example.

Bruce often said there was an 1865 type mentality brewing just below the surface in many areas in Robeson county. As a historian it is said, we can not know where we are going if we dont know where we have been. We must use our past as a point of reference to measure the success of our future. It is said that history repeats itself, but we are only doomed to relive our past if we fail to learn from it. The past is not a map to where you are going, it’s a record of where you have been. Its purpose is not to drag you back through emotional muck, but to serve you best by reminding you of lessons learned so you can avoid them in the future.

Our greatest memorial to Bruce and all our fallen warriors is to continue to remember our history and to push for better. Better education, better jobs, a better way of life for all Robesonians.

Julian T. Pierce Memorial Scholarship seeks submissions

julian p auctionPEMBROKE — The Julian T. Pierce Memorial Scholarship Initiative is seeking submissions for its 2016 Multicultural Juried Art Auction and Dinner  which will take place on June 24, 2016 in the University Center Annex at UNCP. The first 30 submissions received will be considered for inclusion in a 20-piece juried competition where once sold they will receive a 30% commission of the sale amount. This invitation is open to all artists working in any medium (2 or 3 dimensional works).

From the 20 selected pieces, 3 will be chosen by the jurors for a live auction, and the remaining 17 pieces will be included in a silent auction. Both the live and silent auctions will be held at the event on June 24, 2016. The 20 artists whose works are selected for the auction will receive a ticket for the evening’s event, including dinner ($50 value) and 30% of the sale amount for their piece, be featured on the website and social media marketing this event. A keepsake program booklet will also feature the selected artists.

Mr. Pierce is remembered for his work to bring about great social change in the community. He helped low-income residents get much-needed health and legal services. He helped found Lumbee River Legal Services and Robeson County Health Care Corporation. He was instrumental in the movement to merge Robeson County’s inequitable school systems into one school system to provide quality education for all. His life’s work embodied honor, integrity and strength of character. In the years since his death, many people have been inspired by his life to seek positions never before held by minorities, to enter professional fields (including law) where minorities have been historically underrepresented, and to seek justice and equality for all. The Julian T. Pierce Memorial Scholarships are a means to continue his work toward education, equality and justice for all persons.

This invitation is open to all artists working in any medium (2 or 3 dimensional works). Artists may submit their work in one of two ways. Artists may send a high quality photograph (.jpg preferred) to alisha.locklear@uncp.edu by May 17, 2016. Alternatively, artists may choose to bring their piece to the Museum of the Southeast American Indian in Old Main Building (UNCP) on May 19, 2016 for consideration by the jurors.

Pierce was the first executive director of Lumbee River Legal Services in Pembroke. The late lawyer helped build Robeson Health Care Corporation and was a driving force behind the Lumbee Tribe’s outdoor drama, “Strike at the Wind!”

A lifelong champion of the tribe, Pierce petitioned the Bureau of Indian Affairs to recognize Lumbees in 1987. He resigned his position at Lumbee River Legal Services a year later to run for a newly created judgeship in Robeson County, but was murdered before the election took place.

For information, visit www.julianpiercescholarships.org or contact Alisha Locklear Monroe at the Museum of the Southeast American Indian in Old Main Building (910-521-6282).

Godwin Wins Lumbee Tribal Chair

harvey godwinPEMBROKE — Political newcomer Harvey Godwin Jr. defeated Lumbee Tribal Chairman Paul Brooks in his bid for another term during Tuesday’s tribal election.

In the five-way race for the tribe’s top elected position, Godwin out-polled Brooks, his nearest challenger, by 729 votes, 2,221 to 1,492. Godwin received 41.7 percent of all the votes to Brooks’ 28 percent.

“We developed a great political strategy and stuck to it,” Godwin said late Tuesday, just before unofficial votes showed him the victor. “We went to all of the precincts, not just certain areas. We listened to all of the people.”

Godwin was not ready Tuesday night to say exactly what he plans to do first to make changes in how the tribal government works to address the needs of the tribe’s general membership.

“We’re going to do what we can to bring about unity and a peaceful environment,” Godwin said.

Godwin is the owner of Two Hawk Employment Services in Lumberton. He campaigned on a platform of a new vision for the tribe, saying at a candidates forum in October that he would “bring the spirit of the (tribe’s) constitution” back into the everyday lives of tribal members and the government. He also emphasized keeping tribal members informed about the government’s business.

In a statement this morning, Brooks congratulated Godwin on his victory.

“I want to congratulate Mr. Godwin on his win and I wish him much success in leading the tribe in the future,” Brooks said. “I also want to congratulate the new council members and wish them successful work with Mr. Godwin in the future.”

Others in the race were Terry Collins, an incumbent member of the 21-member Tribal Council who received 1,257 votes; Bobbie Jacobs Ghaffar, the owner of a health care services business who received 252 votes; and Lynn B. Jacobs, a businessman, pastor and expert in Lumbee tribal culture and traditions who mustered 99 votes.

Brooks was almost denied the opportunity to seek re-election based on a provision in the Lumbee Constitution that prohibits an elected official from serving more than two consecutive terms. Brooks has served as chairman since 2011 when he finished out a remaining year of former Chairman Purnell Swett’s term. Brooks was than elected to a three-year term in 2012.

The Lumbee Supreme Court ultimately ruled that Brooks could seek another term, but limited it to only two years. Any of the other candidates, including Godwin, were eligible to serve three years.

According to Sheila Beck-Jones, the tribe’s elections board chairman, Tuesday’s elections went smoothly. She said there were no major problems.

Any protests that candidates want to file have to be filed with the elections board by 5 p.m. Tuesday. The election results will be certified after all protests are heard, Beck-Jones said.

In addition to the chairman’s race, there were seven seats on the Tribal Council filled on Tuesday.

The closest race was in District 9, where Elaine McNeil Collins, with 199 votes, out-polled incumbent Anita Hammonds-Blanks, who earned 197 votes. Hammonds-Blanks can ask for provisional ballots to be counted; they are only counted when they can determine the outcome of a race.

The results in the other districts are as follows:

In District 5, incumbent Bobby Dean Oxendine, with 384 votes, defeated challenger Don Allen Scott, who had 198 votes.

The District 7 seat was won by Reginald Lee Oxendine Jr. with 325 votes. He defeated challengers Alvin John Mercer, 255 votes; Anthony Miller, 165 votes; and Norman “Woody” Sampson, 129 votes.

In District 10, Janet Locklear won 161 votes to defeat Beverly Collins-Hall’s 132 votes.

In District 14, Barbara Rose Lowery garnered 112 votes, defeating Jimmy Hunt, who won 42 votes.

In District 1 and District 4, the races were not contested. In District 1, newcomer Lakisha Spaulding Sweat snagged a seat as a council member, while in District 4, incumbent Jonathan Locklear retained his seat

Disregard for the law is The Lumbee Tribes greatest threat

Barbarians at the gate usually don’t bring down once-successful civilizations. Nor does climate change. Even mass epidemics like the plague that decimated sixth-century Byzantium do not necessarily destroy a culture.

Far more dangerous are institutionalized corruption, a lack of transparency and creeping neglect of existing laws. All the German euros in the world will not save Greece if Greeks continue to dodge taxes, featherbed government and see corruption as a business model. When the norm is corrupt it is time to change the norm. It doesn’t matter who is in charge if no one is following the law. The chairman and the council must insist that everyone follows the law. This includes the program directors, the chairman, the council and every person on staff as well as every contractor and service provider affiliated with the tribe.

Even obeying so-called minor laws counts. It is no coincidence that a country where drivers routinely flout traffic laws and throw trash out the window is also a country that cooks its books and lies to its creditors. Everything from littering to speeding seems negotiable in Athens in a way not true of Munich, Zurich or London.

Mexico is a much naturally richer country than Greece. It is blessed with oil, precious minerals, fertile soils, long coastlines and warm weather. Hundreds of thousands of Mexican citizens should not be voting with their feet to reject their homeland for the U.S.

But Mexico also continues to be a mess because police expect bribes, property rights are iffy, and government works only for those who pay kickbacks. The result is that only north, not south, of the U.S.-Mexico border can people expect upward mobility, clean water, adequate public safety and reliable power.

In much of the Middle East and Africa, tribalism and bribery, not meritocracy, determine who gets hired and fired, wins or loses a contract, or receives or goes without public services. Are we no better?

Lumbees, too, should worry about these age-old symptoms of internal decay. The actions some of our leaders is unacceptable. Using your leadership position to enrich oneself at the expense of the Lumbee nation is unconscionable if not downright illegal. The administration must hold those who work for the tribe accountable for their actions. Political cronyism is a practice we need to get away from. Lets hire folks who are qualified and then allow them to do their jobs without fear of reprisal.

The frightening thing about disgraced IRS bureaucrat Lois Lerner’s knowledge of selective audits of groups on the basis of their politics is not just that she seemed to ignore it, but that she seemingly assumed no one would find out, or perhaps even mind. And she may well have been right. So far, no one at the IRS has shown much remorse for corrupting an honor-based system of tax compliance. The same can be said about our tribal administration.

Illegal immigration has been a prominent subject in the news lately, between Donald Trump’s politically incorrect, imprecise and crass stereotyping of illegal immigrants and the shocking murder of a young San Francisco woman gratuitously gunned down in public by a Mexican citizen who had been convicted of seven felonies in the United States and had been deported five times. But the subject of illegal immigration is, above all, a matter of law enforcement.

Ultimately, no nation can continue to thrive if its government refuses to enforce its own laws. The Lumbee Tribe must hold its elected officials and all staff accountable. Misuse of monies, equipment and power is unacceptable. Being in a position of power does not give the right to disobey rules and regulations.

Civilizations unwind insidiously not with a loud, explosive bang, but with a lawless whimper. We have a constitution that lays the path for us all to follow. Let’s insist that we all do so.

Disregard for the law is America’s greatest threat, by Victor Davis Hanson // National Review Online, http://victorhanson.com/wordpress/?p=8527. July 10, 2015

Can Paul run?

The issue at hand is not “Can Paul Brooks run for Lumbee tribal Chairman?” The issue is ‘Are we as a people going to follow our Constitution?’
Community Activist, Eric Locklear has brought forth a petition to the Lumbee Supreme Court against Mr. Brooks running again. It is our belief the petition to the Supreme Court is in error and should not be heard or ruled on.

According to Article IX Sec 2 of the Lumbee Tribe of NC Constitution state, Federal common law applies when there is no Lumbee custom, ordinance or tradition pertaining to the situation. Based on common Federal law, one must have legal standing to bring an action in court. Standing, or locus standi, is capacity of a party to bring suit in court. At the heart of these statutes is the requirement that plaintiffs have sustained or will sustain direct injury or harm and that this harm is redress able. For example, Gary wrecks his vehicle and damages Billy’s car. Joe can’t bring suit against Gary because he has no legal standing. He has no right to expect Gary to do anything.

At the Federal level, legal actions cannot be brought simply on the ground that an individual or group is displeased with a government action or law. Federal courts only have constitutional authority to resolve actual disputes. Only those with enough direct stake in an action or law have “standing” to challenge it. A decision that a party does not have sufficient stake to sue will commonly be put in terms of the party’s lacking “standing. See, e.g., County of Riverside v. McLaughlin, 500 U.S. 44 (1991), Northeastern Fla. Chapter of the Associated Gen. Contractors v. City of Jacksonville, 508 U.S. 656 (1993) and Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992).

One may challenge a law or policy on constitutional grounds if he can show that enforcement of the law or implementation of the policy infringes on an individual constitutional right, such as Freedom of Speech. For example, in TINKER V. DES MOINES INDEPENDENT COMMUNITY SCHOOL DISTRICT, 393 U.S. 503, 89 S. Ct. 733, 21 L. Ed. 2d 731 (1969), high school officials in Des Moines, Iowa, had suspended students for wearing black armbands to school to protest U.S. involvement in the Vietnam War. There was no question that the parents of the students had standing to challenge the restrictions on the wearing of armbands. Mere ideological opposition to a particular government policy, such as the Vietnam War, however, is not sufficient grounds to challenge that policy in court.

Once a federal court determines that a real case or controversy exists, it must then ascertain whether the parties to the litigation have standing. Basically, a plaintiff must have suffered some direct or substantial injury or be likely to suffer such an injury if a particular wrong is not redressed. A defendant must be the party responsible for perpetrating the alleged legal wrong.

The standing doctrine is derived from the U.S. Constitution’s Article III provision that federal courts have the power to hear “cases” arising under federal law and “controversies” involving certain types of parties. In the most fundamental application of the philosophy of judicial restraint, the U.S. Supreme Court has interpreted this language to forbid the rendering of ADVISORY OPINIONS.

The Lumbee Tribal Supreme Court is based on the US Supreme court. It is important to note that the Court does not have to respond to every case brought before it. Every year, the US Supreme Court receives about 10,000 petitions for certiorari, but only hears about 80 of them. There are several factors to consider when deciding what cases to hear:

1. The Court will Hear Cases to Resolve a Conflict of Law: The U.S. judicial system consists of 13 federal circuits and 50 state supreme courts. When a number of these courts reach different conclusions about an issue of federal or constitutional law, the Supreme Court may step in and decide the law so that all areas of the country can then operate under the same law.

2. The Court will Hear Cases that are Important: Sometimes the Court will consider a highly unusual case such as U.S. v Nixon (concerning the Watergate tapes) or Bush v. Gore (concerning the extremely close election in 2000), or a case with an important social issue, such as abortion in Roe v. Wade.

3. The Court will Sometimes Hear Cases that Speak to the Justices’ Interests: Sometimes Justices give preference to cases that decide an issue in their favorite area of law.

4. The Court hears Cases when Lower Courts
Disregard past Supreme Court decisions: If a lower court blatantly disregards a past Supreme Court decision, the court may hear the case to correct the lower court, or alternatively, simply overrule the case without comment

If Paul Brooks decides to run, then the question as to if he has served two terms according to the constitution can be asked. If he doesn’t attempt to run there is no question for the court to consider. The court should not hear this. To do so enables the courts to set policy. That is not the role of the court system within our government.

We have three separate branches of government. Each has its place. The judicial branch cannot make policy. The legislative branch, known as the tribal council does that. The tribal council should never give up that part of their constitutional power. The court should choose to not review Mr. Locklear’s petition. To do so will set a precedent that allows the judicial branch the same power as the legislative branch. The tribal council should enact legislation that clearly defines the limits for terms regardless of the circumstances.

There three separate and distinct branches of government. Article III sec 3 of the Lumbee Tribe of NC constitution states.” The powers delegated to the legislative, executive and judicial branches shall be separate and distinct and no branch shall exercise the powers delegated herein to another branch, except for the office of vice-chairman.” Each with its own power and ability .The court can’t decide a legislative question and vice versa. “The magistrate in whom the whole executive power resides cannot of himself make a law, though he can put a negative on every law; nor administer justice in person, though he has the appointment of those who do administer it. The judges can exercise no executive prerogative, though they are shoots from the executive stock; nor any legislative function, though they may be advised with by the legislative councils. The entire legislature can perform no judiciary act, though by the joint act of two of its branches the judges may be removed from their offices, and though one of its branches is possessed of the judicial power in the last resort. The entire legislature, again, can exercise no executive prerogative, though one of its branches constitutes the supreme executive magistracy, and another, on the impeachment” The Federalist 47, February 1, 1788.

According to Article XII Sec. 1 the Tribal Council has legislative power. That is the power to enact ordinances, laws and legislation according to the needs of the tribe. No other branch of our government can do so. As Alexander Hamilton stated in the Federalist Paper, February 8, 1788; “But what is government itself, but the greatest of all reflections on human nature? If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself. A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions.”

The Lumbee Tribe of NC Supreme Court must follow our constitution and must refuse to hear the petition of Eric Locklear for these reasons. The future of our government as a sovereign nation is at stake.

TO: UNC-Pembroke Chancellor Search Committee

Concerning the next chancellor at UNC-Pembroke:

The University of North Carolina at Pembroke needs an Indian Chancellor. Erskine Bowles, UNC President, has made it abundantly clear when he said, “I want a leader who will have the respect of the entire community, and someone who will respect its proud heritage, I am looking for a leader with people skills and someone who sees this rural location as an asset.”

The Chancellor Search Committee hired a professional recruiting firm to assist in the search for UNCP’s next chancellor. Fayetteville State University and Winston Salem State University have recently placed new chancellors at their respective helms using a recruiting firm as well. Both of these universities were founded to give minorities an opportunity for further education. Both of the Chancellors chosen for these Universities were minorities as well.

North Carolina has eleven historically black colleges and universities and one historically Indian University. All of the hbcu’s in our state are led by black chancellors.

We’ll say what no one else wants to say: Race matters! Ask Supreme Court Justice Clarence Thomas, Ask Supreme Court Justice Sonia Sotomayor. Race matters. To me. To this town, to this region, to this University. Race matters. Give us three qualified Indian Candidates.

The next chancellor should have a CULTURAL vision for the future and direction of the university. To deny the American Indian (mostly Lumbee) heritage of this fine institution is to deny the truth that what is known as the University of North Carolina at Pembroke was, in fact, established as a normal school for the local Indian population in 1887 because the local whites would not allow them to go to any other school, and they would not be forced to attend the local black schools against their cultural will.

We endorse a “qualified” American Indian as the next chancellor of the University of North Carolina at Pembroke. Give us three qualified Indian Candidates.

Research concerning the Lumbee tribe should be a priority, not a rationale for mere platitudes. The next chancellor should declare that euphemisms like “multiculturalism” are to be removed from the university’s glossary. Each ethnic group should stand on its own merit. There should, of course, be an American Indian Studies department, as well as a strong African American cultural presence on campus. Any ethnic group with at least 8% enrollment should have a studies department, as well as a cultural gathering place on campus.

As we have been informed, there is to be a threshold of 9500 students, in time, for the University of North Carolina at Pembroke. What then? If American Indian enrollment is plummeting (now 18%) and African American enrollment is spiraling upward (now 27%) will the incoming chancellor have the administrative courage to work toward a policy that will forever after guarantee that the University of North Carolina at Pembroke will continue as an American Indian Institution of Higher Learning?

We ask the next chancellor to provide monies and training to prepare American Indian students as future administrators and faculty members in all disciplines, especially as faculty members on the staff of the American Indian Studies Department, and as director and curator at the Native American Resource Center.

We ask the next chancellor to take a serious look at the Ester Maynor endowed scholarship which is now the funding arm of the honors college, with less than 250 students at the present time. The scholarship should be set up as a need-based scholarship with priority to American Indian students, but open to all ethnic groups.

We encourage the next chancellor to put the resources behind an effort to legitimize the federal recognition of the Lumbee tribe via federal court action if needed, and/or legislative action by the United States Congress.

We endorse the traditional five black institutions within the university continuing as BLACK institutions of higher learning. Do any of you dare consider the thought that someone other than a black chancellor will ever serve at any of these five schools? We hope not. Culture is very important at each and every constituent member of the university family.

If we accept the premise of black chancellors at traditional black institutions of higher learning, why does it cause unease to suggest an Indian chancellor for the University of North Carolina at Pembroke? It suggests that some are afraid to publicly proclaim their heritage, or that it somehow embarrasses, or demeans, them as a people.

We endorse establishing as a policy a threshold of at least 30% American Indian enrollment, for the foreseeable future, at UNC-Pembroke.

We endorse an effort to recruit other American Indian tribes, such as the other seven represented in North Carolina, and the hundreds represented throughout the nation. Is it sacrosanct, or even evil, to suggest that any American Indian student, no matter where he emanates from, should be allowed to attend the University of North Carolina at Pembroke for dollars commensurate with in state tuition?

We endorse a “qualified” American Indian as the next chancellor of the University of North Carolina at Pembroke. Give us three qualified Indian Candidates.

LEGITIMATE QUESTIONS THAT DESERVE LEGITIMATE ANSWERS FROM UNC-P CHANCELLOR

1. Does the university system and/or UNC-Pembroke have a plan in place to combat the diminishing American Indian enrollment on campus? (less than 16% currently)

2. Why is there a lack of qualified American Indians teaching courses in the American Indian Studies Department? Is there a plan in place to combat this serious deficiency? One American Indian teaching courses in American Indian studies is deplorable in a community that probably has dozens (maybe hundreds) of Lumbee educators fully qualified to teach courses in the AIS curriculum. Why not use Lumbee adjuncts to teach the solitary Lumbee course in the AIS curriculum?

3. Is it feasible to recruit American Indians nationwide and allow them in state tuition? Why not? This should be a national goal for our august university that was founded for and by local Indians. It would be a wonderful mission for a wonderful university that was founded initially because Indian students were not initially allowed to attend local schools, especially those founded for white students. Why not use some of the endowment from Mrs. Esther Maynor (the biggest in the university’s history) to accomplish this goal? 77 students were helped by the Esther G. Maynor Honors College in 2012 (from an enrollment of 6,000 plus).

4. In the midst of this commentary, it is encouraging to see a number of local Lumbee athletes on the football roster, including two from Purnell Swett High School. Yeah!!!!!. Go Braves!!!! Is there a reasonable commitment from UNC Pembroke to continue to recruit local Indian athletes?

5. Is there a need for a cultural consultant on staff? I believe it would be useful and was part of a proposal Bruce Barton made to the UNC-Pembroke chancellor in 2009 (then Chancellor Allen Meadors). The proposal was turned down on the advice of an ad hoc committee of Indian educators at that time led by Vice Chancellor Dr. Glenn Burnette, since demoted to special assistant to Dr. Carter for constituent services.

6. Why has Dr. Carter refused to meet with Bruce Barton, one of the founders of the Center for Lumbee Studies? In the initial proposal to Dr. Meadors, Barton proposed a Center for Lumbee Studies. This proposal was also turned down by the university, on the advice of the ad hoc committee of Indian educators on campus. Since then, the proposal has surfaced as possibly a “college of southeastern Indian studies.” Honestly, this sounds like intellectual theft.

7. Why the marginalization of the name of the proposed College on American Indian Studies to “Southeastern American Indian Studies” instead of emphasis on the Lumbee tribe and culture?

8. Is there a UNC Pembroke plan to specifically recruit American Indian faculty?

9. What is the plan when or if UNC-Pembroke enrollment reaches 51% African-American? Does the school become a Black Historical School at that time? (Enrollment now 33 plus %.) Can we discern UNC Pembroke enrollment trends from studying demographics for the last 125 years?

10. How is the special grant monies received by UNC-Pembroke because of its location in the midst of a non-traditional Indian community being used?

THE UNC PEMBROKE BRAVES CLUB 100 FOUNDING MEMBERS

The BRAVES CLUB began in 1977 under the leadership of Bruce Barton, the first president. “100 athletic supporters each donated $100 TO FOUND THE CLUB.” The UNC Pembroke Braves Club initially was organized as a semi-autonomous organization like the N.C. State Wolf pack Club. The organization was LATER changed by university officials to its present format. Many UNC Pembroke student-athletes have been helped by the Braves Club since its initial founding by this community inspired effort. As far as we know, the university has never publicly acknowledged Barton as a founder, and first president, of the Braves Club.

For more information on the Braves Club and how to make an impact on the lives of UNCP student-athletes, please contact Brian Russo, Assistant Director of Development for Athletics, at (910) 775-4339 or by email at braves.club@uncp.edu.

100 ORIGINAL FOUNDING MEMBERS OF THE BRAVES CLUB
Joe Allen
Wayne Bailey
H.M. Baker III
Bruce Barton
James F. Bell
John R. Brayboy
Luther Britt, Jr.
Dalton Brooks
Dexter Brooks
Larry T. Brooks
Ellen J. Bryan
William M. Bryan
Gloria Canonizado
John L. Carter
Ertle Knox Chavis
Ronnie Chavis
Marilyn Christoph
Ed Crain
Earl Cummings
Jerry D. Cummings
McDuffie Cummings
William H. Dean
Dr. and Mrs. A. De’Leon
Adolph Dial
Herman Dial
Harold Ellen
James Freeman, Jr.
Joe Gallagher
Lacey Gane
Jimmy Hedgpeth
Albert C. Hunt
James Hunt
James H. Hunt
Milton Hunt
Ralph Hunt
Arlie Jacobs
Charles Jenkins
K.P. Johnson
English E. Jones
Randall S. Jones
Rod Lattie
Lois B. Lewis
Arnold Locklear
Bobby Dean Locklear
Bundy Ross Locklear
Eddie Mac Locklear
Gene Eugene Locklear
Horace Locklear
John L. Locklear
Marshall W. Locklear
R.D. Locklear III
Stacy Locklear
Thomas Earl Locklear
William E. Locklear
Bernard Lowry
Ira Pate Lowry
Oceanus Lowry
Welton Lowry
Willie Von Lowry
R.E. McCoy
Alphonso McRae, Jr.
Glenn Maynor
Gerald D. Maynor
James H. Maynor
Jeffery Maynor
Kenneth Ray Maynor
Theodore Maynor
Andre J. Nadeau
Lee Neville
Mike Olson
David E. Oxendine
H.D. Oxendine, Jr.
Harry Oxendine
Reginald Oxendine
Walter G. Oxendine
William L. Oxendine
William X. Oxendine
Jim Paul
Ray Pennington
Curtis Peirce
Hubert Prevatte
J.A. Ramsaur
R.W. Reising
Larry Roberts
John Robinson
John T. Russell
James E. Sampson
Larry Sawyer
Hubert Stone
Earl H. Strickland
Reggie Strickland
Purnell Swett
Tommy D. Swett
Clinton Thomas
V.R. Thompson
Charles W. Walters
Gene Warren
Ann Webb
Joe White
Noah Woods