HISTORY

The Lumbee are a Native American tribe recognized by the state of North Carolina.[2] The name “Lumbee” is name the Indian people call the river. It was named Drowning Creek by Whites, who later changed the name to Lumber River for the part that winds through Robeson County, North Carolina. The river was named for the extensive lumber trade in the region in the early 19th century. Purnell Swett was the Lumbee tribal chairman, but his term is being finished out by former councilwoman Sharon Hunt.[3]

In 1885, the Lumbee were officially recognized by the State of North Carolina under the name Croatan Indians. They unsuccessfully sought federal recognition thereafter. In 1952, after a request from tribal members, the Robeson County Commissioners conducted a tribal referendum on the tribal name. Tribal members voted for adoption of the name “Lumbee Indians of North Carolina”. The Lumbee claim to be descendants of the Cheraw and related Siouan-speaking tribes originally inhabiting part of the coastal regions of the state of North Carolina. However, a significant minority of the Indians claim to be descendants of the Iroquoian-speaking Tuscarora.

In 1956, the United States Congress passed H.R. 4656, known as the Lumbee Act, which recognized the Lumbee as Native American people, but terminated their status as an Indian tribe. With the termination Congress excluded the Lumbee from receiving the federal services ordinarily provided to federally recognized tribes through the Bureau of Indian Affairs. As the only tribe in this circumstance,[4] the Lumbee have since sought full federal recognition through the congressional legislation.[5][6]

Such recognition through congressional legislation is supported by some federally recognized tribes and opposed by others.[7][8] The Indians of Robeson County who identify themselves as Tuscarora and who have organized together as the Tuscarora Nation of North Carolina, which has neither state nor federal recognition, opposes use of the Lumbee name and label.[9][10] The federally recognized Eastern Band of Cherokee Indians (of North Carolina) has consistently opposed Lumbee efforts to gain federal recognition.

Contents

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 History

 Origins

The area of North Carolina today called home by the Lumbee is Robeson County. Until 1787 it was part of Bladen County. When North Carolina Governor Matthew Rowan dispatched surveying parties in 1753 to count Indians in the state, the report stated there were “no Indians in the county.”

Colonial tax records from 1768 to 1770 identified Thomas Britt as the only Indian in Bladen County. Britt is not a surname traditionally associated with Lumbee families. Inhabitants of Bladen County with surnames that have been traditionally associated with Lumbee families were classified as “Mullato,” or non-White, or simply Other in the tax records.

A colonial proclamation in 1773 listed the names of Robeson County inhabitants who took part in a “Mob Railously Assembled together,” apparently defying the efforts of colonial officials to collect taxes. The proclamation declared the “Above list of Rogus” [sic], which included many names of those since defined as traditionally Lumbee/Tuscarora families, “is all Free Negors [sic, Negroes] and Mullatus [mulattoes] living upon the Kings Land.” Later a colonial military survey described, “50 families a mixt crew a lawless People possess the Lands without Patent or paying quit Rents.” [11]

In the first federal census of 1790, the ancestors of the Lumbee were among those enumerated as “free persons of color“, a category used to describe all free non-whites (including mixed-race European-Africans, Indians, and mixed-race European-Indians). A free person of color was the category for people not identifiably as white or a slave. In subsequent censuses, these people’s names appeared under the category: “all other free persons” or “Mulatto.”

In 1840, thirty-six white Robeson County residents signed a petition complaining that Robeson County had been “cursed” by the presence of what they described as being a “free colored” population that migrated originally from the districts near the Roanoke and Neuse rivers, which is traditional Tuscarora homeland.[12]

The first recorded reference to any members of the “questioned” population as being Indian dates back to 1867, shortly after the American Civil War. During a multiple murder investigation by a Lieutenant Birney of the Freedman’s Bureau, two suspects wrote a letter that referred to the Lowry gang: “They are said to be descended from the Tuscarora Indians. They have always claimed to be Indian & disdained the idea that they are in any way connected with the African race.” [13]

In 1872 George Alfred Townsend published The Swamp Outlaws, a book about the Lowrie Gang. Townsend described Henry Berry Lowrie, the leader of the gang, as being of mixed Tuscarora and white blood and then went on to say of Pop Oxendine, “Like the rest, he had the Tuscarora Indian blood in him” [14]

 Legends

 Lost Colony of Roanoke

In 1885, the politician Hamilton McMillan proposed the theory that the Lumbee were the descendants of England’s “Lost Colony”, who intermarried with the Hatteras (Croatan), an Algonquian-speaking people.[15] The Roanoke colony disappeared during a difficult winter, reportedly leaving behind the word Croatoan carved into a tree. When other Englishmen found the carving two years later, they recognized “Croatoan” as the homeland of some friendly Indians. They thought the Roanoke colony went to the Croatan people for help, but weather prevented the English from seeking survivors. After that, English historians never mention the colony again. The scholarly consensus is that the colonists died of starvation.

Although McMillan officially proposed Croatan as the designation for the Indian people, he noted, “They say that their traditions say that the people we call the Croatan Indians (though they do not recognize that name as that of a tribe, but only a village, and that they were Tuscaroras), were always friendly to the whites.”[16]

The state legislature accepted McMillan’s proposal, identifying them as Croatan Indians of Robeson County in 1885, after the Reconstruction era. It was a time when the Democrats were seeking to regain political power in North Carolina. They had lost to an interracial PopulistRepublican coalition in the previous election. Democrats supported the Robeson County people’s request to have a separate school for their children.

Some scholars propose McMillan only supported the Indians of Robeson County to help his bid for election by gaining the Indian people’s support. Skeptics of McMillan’s claim about the Croatan Indians of Robeson County, argue that the Democratic politician was motivated by a desire to gain the votes of the free people of color, who had been voting for Republican candidates prior to his intercession.[17] McMillan’s success in gaining Indian classification for the people gave them distinct social status separate from the freedmen and their descendants. It enabled them to have a school separate from that for the children of emancipated slaves. Whites maintained segregated schools for themselves.

In 1709 Lawson had written of Hatteras Indians: “These tell us that several of their ancestors were white people, and could talk in a book, as we do; the truth of which is confirmed by Grey eyes being found frequently amongst these Indians, and no others.”[18] Lewis Barton, a 20th-century local historian who published a book on the Lumbee in 1967, contends records of the disappearance of the English colony are not inconsistent with accounts in the 1730s of Native-European mixed-bloods in Robeson County.[19] Barton explained the apparent inconsistency of colonists’ having moved 50 miles (80 km) “into the main” about 1587-88, and the Hatteras Indians seen by Lawson, by saying there was travel between the coast and the Robeson County site, 100 miles (160 km) from the coast. Barton said very old members of the tribe told him that, before the age of automobiles, there was annual horse-and-wagon traffic to the coast each fall to catch fish and gather salt.[19] This practice is greatly diminished today, but it is still usual for members to make a week’s camping stay on the coast, catching and preserving fish.[19] However, the general consensus of older tradition continued to be that the people where descended from the Tuscarora with perhaps some families descending from other tribes like the Hatteras, Mattamuskeet, and Saponi.

The Lost Colony legend that McMillian suggested stated that  the survivors of the 121 stranded colonists intermarried the local  Hatteras (Croatan) Indians.[19]  and are part of the beginings of the presnt day lumbee nation.

Origins and legends

The first recorded reference as to the origins of the present-day Lumbee population was made in a petition by 36 white Robeson County residents in 1840, in which they described ancestors of the Lumbee as being a “free colored” population that migrated originally from the districts round-about the Roanoke and Neuse Rivers (Sider’s “Living Indian Histories” page 173). The first attempt at assigning any specific tribal designation to them was made in 1867 when, under investigation by Lieutenant Birney of the Freedmen’s Bureau for the murder of several Lumbee ancestors, pastors Coble and McKinnon wrote a letter claiming descent of the Lowry gang from Tuscarora: “They are said to be descended from the Tuscarora Indians. They have always claimed to be Indian & disdained the idea that they are in any way connected with the African race.” <ref>Sider’s “Living Indian Histories” p 170; U.S. War Department, Records of the Army Commands, Record Group 393, National Archives; Bureau of Refugees, Freedmen, Lumberton N.C. office, Record Group 105, National Archives</ref> In 1872 George Alfred Townsend published “The Swamp Outlaws” in reference to the famed Lowrie Gang. Townsend described Henry Berry Lowrie, the leader of the gang, as being of mixed Tuscaroraand white blood and then went on to state in reference to Pop Oxendine that “Like the rest, he had the Tuscarora Indian blood in him…If I should describe the man by the words nearest my idea I should call him an Indian gypsy.” Townsend’s statements would be reiterated three years later in both the Memoirs of General Jno C. Gorman and in Mary Normant‘s “The Lowrie History.”

In 1709, English explorer John Lawson visited Roanoke Island and spent some time among the Hatteras Indians, descendants of the Croatoan tribe. In A New Voyage to Carolina, he wrote “that several of their ancestors were white people and could talk in a book as we do, the truth of which is confirmed by gray eyes being found infrequently among these Indians and no others.”

In 1719, a group of hunters and trappers strayed into the hilly landscape and stumbled upon a tribe of Indians. The Indians had light skin, gray/blue eyes and light brown hair. But most astonishing was the fact that they spoke nearly perfect Elizabethan English. These Indians said that their ancestors “talked from a book.” Their customs were similar to the early English Roanoke Colony. This sighting brought about a theory that the starving colonists at Roanoke took refuge with the Croatan Indians during the first winter when Governor John White didn’t return.

Lumbee Indian Related Surnames from the 1790 North Carolina Census Index • Bennett • Berry • Brooks • Cooper • Cumbo • Dial • Hunt • Locklileer • Lowery • Martin • Oxendine • Sampson • White •

In 1885, Hamilton McMillan theorized that the Lumbees were the descendants of England’s “Lost Colony” who intermarried with the Hatteras, an Algonquian people.<ref>See Hamilton McMillan, Sir Walter Raleigh’s Lost Colony: An Historical Sketch of the Attempts of Sir Walter Raleigh to Establish a Colony in Virginia, with the Traditions of an Indian Tribe in North Carolina (Wilson, NC: Advance Press, 1888).</ref> The Roanoke colony disappeared during a difficult winter, leaving behind the word Croatoan carved into a tree. When other Englishmen found it there, they recognized “Croatoan” as the homeland of some friendly Indians. Since there was no distress symbol carved on the tree, they assumed the Roanoke colony went to the Croatans for help. After that, English historians never mention them again. However, English historians did mention a group of North Carolina Indians who spoke English fluently, practiced Christianity, and called themselves the Croatan Indians. There were also twenty or thirty English surnames in the Croatan tribe that existed in the original Roanoke colony. “Lost Colony” origins.

Another advocate of the Lost Colony theory was Caucasian historian Stephen B. Weeks, who wrote in 1891 of the Indians along the Lumbee, that “their language is the English of 300 vears ago, and their names are in many cases the same as those borne by the original colonists.”

In Robeson County, Lumbee ancestors were only officially classified as Indian after Reconstruction in 1885. Prior to 1885, Lumbee ancestors were usually described as colored, free colored, other free, mullato, mustie, mustees, or mixt blood in surviving records. Despite the lack of direct genealogical proof; 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; 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.

In 1914, the Secretary of the Interior was sent by the U.S. Senate to investigate the tribal rights of the Indians of Robeson County. The findings included statements like, “There is a tradition among these people at the present time that their ancestors were Sir Walter Raleigh’s Lost Colony, amalgamated with some tribe of Indians. This tradition is supported by their looks, their complexion, color of skin, hair and eyes, by their manners, customs and habits, and by the fact that while they are, in part, of undoubted Indian origin, they have no Indian names and no Indian language.” His further search revealed that there were 95 different surnames which came from the original 117 settlers of The Lost Colony. He was able to account for 41 of those direct surnames among the Lumbee, and still more that had been altered in some manner. The Secretary’s investigation validated that the Lumbee were, indeed, descendants of The Lost Colony.

Genealogists Paul Heinegg and Dr. Virginia E. DeMarce <ref>DeMarce is former president of the National Genealogical Society, and formerly a historian at the Office of Federal Acknowledgment, Department of the Interior have, using an array of primary source documents, been able to trace the migration of some primary Lumbee ancestral families from the Tidewater region in Virginia into Northeastern North Carolina and then down into present-day Robeson County, North Carolina.

To this day the descendants still live in Roberson County, North Carolina. They are known as the Lumbee Indians. Many people, including Samuel Morison, Angus McLean, Dr. Stephen B. Weeks and Professor Breaton Berry, Professor Adolph Dial and Lumbee Tribal historian, Lewis Barton subscribe to the theory that surviving remnants of the Roanoke settlement may have been assimilated into the indigenous tribes. The existence of fair skinned Indians in Roberson, North Carolina substantiates the theory that the Roanoke colonists and perhaps the other tribes blended in with the Croatan and other Tidewater, Virginia Indian tribes, including the Powhatan and Lumbee Indians. Dr. Robert Gilmor, a Melungeon researcher, suggests the people of the legendary “Lost Colony of Roanoke” intermarried with the Powhatan Indians who had already intermarried with Jamestown Colony. Many of the Surnames of the original Colonist are still found amoung the Lumbee Indians of today.

 Cherokee descent

In his unpublished 1934 master’s thesis, Clifton Oxendine held that the Lumbee descend from Iroquoian-speaking Cherokee, some of whom fought with the British against the Tuscarora in the war of 1711-13 under Colonel John Barnwell of South Carolina. He contended that the Cherokee stayed in the swamps of Robeson County when the campaign ended with some of their Tuscarora captives .[20] However, no Cherokees were listed in the record of Barnwell’s company.[21] The Cherokee were people of the mountains, not the coastal area.

Oxendine and others hold to the oral tradition among some Lumbee/Tuscarora that their forefathers participated in the Tuscarora campaign with Colonel Barnwell, and had some origin amongst the Cherokee.[19] Although there were no Cherokee in the Barnwell campaign of early 1712, there were Cherokee in the force led by Colonel James Moore of South Carolina the following year.[19]

 Siouan descent

The 1915 McPherson Report said in reference to the Cheraw (quoting the Handbook of American Indians, 1906): “Their numbers in 1715, according to Rivers, was 510, but this estimate probably included the Keyauwee. Being still subject to attack by the Iroquois, they finally—between 1726 and 1739—became incorporated with the Catawba……They are mentioned as with the Catawba but speaking their own distinct dialect as late as 1743 (Adair). The last notice of them in 1768, when their remnant, reduced by war and disease to 50 or 60, were still living with the Catawba.”[22]

The McPherson Report also notes (quoting Indians of North Carolina, p. 216): “In 1738 smallpox raged in South Carolina and worked great destruction, not only among the whites, but also among the Catawba and smaller tribes. In 1759 it appeared again, and this time destroyed nearly half the tribe.” This report was the first related to Robeson County Indians in which the Cheraw were mentioned. Scholars did not suggest there was any significant, if any, influence from the Cheraw, or any other smaller Siouan-speaking tribes, in the Robeson County area.[citation needed]

Swanton continued to do research on Native Americans of the Southeast. In 1933, he published his assertion (where?) that the Keyauwee and Cheraw of the Carolina Piedmont were most likely the primary ancestors of the people known from 1885 to 1912 as Croatan Indians.[19] He also believed that there were likely remnant descendants from the Waccamaw of the lower Cape Fear region near Wilmington, and the Woccon of the central coastal region of North Carolina and the Bear River, all probably of Siouan linguistic stock. In the 21st century, these tribes are all extinct except for a small band of Waccamaw who live on the shores of Lake Waccamaw in the heart of their old country.[19]

Swanton traced the migration of tribes in the East.[23] In addition to the Keyauwee, Cheraw, Bear River, Waccamaw, and Woccon already mentioned, the Eno and Waxhaw migrated from Piedmont, South Carolina northeast to the north-central part of North Carolina, then back south again to a point on the Pee Dee River just south of the border of the two Carolinas. Swanton said that all of them, with exception to the Keyauwee, were mentioned as travelling west to join the Catawba; Swanton argued that the Keyauwee were probably the most influential contributor to the self-identified Indian population of Robeson County. He thought it was more appropriate to call Robeson County Indians descendants of the Cheraw, as the Cheraw were more well known from the historic record.[citation needed]

Tuscarora descent

A number of Robeson County residents reject the modern Lumbee label and claim descent from the Tuscarora Indians. The Iroquoian-speaking North Carolina tribe suffered defeat at the hands of the British colonists and Indian allies in 1713. About one-third of the surviving Tuscarora left their homes in northeastern North Carolina to migrate north to New York, where they joined the Iroquois League as its sixth nation by 1722. Tuscarora tribal leaders in New York determined that the emigration was complete by 1802, and said that any Tuscarora who decided not to migrate to New York with the council fire were choosing to live separate from the Tuscarora Nation and would no longer be considered members.

Because of this historic determination by the tribal council, the Lumbee claim to Tuscarora heritage is contested by the federally recognized Tuscarora Nation of New York.[24] The recognized Tuscarora tribe asserts that the Tuscarora who remained behind are no longer recognized as members. Also, their descendants thus could not claim to have continuity with the tribe and its traditions, which is required for federal recognition as a tribe.

Proponents of the Tuscarora hypothesis make arguments that first the migration trail of Lumbee ancestors from coastal southern Virginia to Robeson County passed through the territory in which the Tuscarora had lived. This made intermarriage with Tuscarora a possibility.[25] But, such intermarriage does not mean that the few Tuscarora were able to maintain a tribal culture. Second, contemporary anecdotal references to members of the outlaw Henry Berry Lowrie gang of the Reconstruction era described them as of partial Tuscarora descent.[26]

In the 1920s, some Robeson County Indians made contact with individual members of the Mohawk Nation, who are part of the Iroquois Confederacy, which the Tuscarora were admitted to in 1722. The mostly rural Robeson County Indians began to express a Tuscarora identity again. They strongly objected to the Lumbee name and to the Cheraw theory of ancestry. These people came together to form the Tuscarora Nation of North Carolina, which is recognized by neither the United States government nor the federally recognized Tuscarora Nation of New York.

Traditional Indian trails through Robeson County provided paths for trading and migration. Oxendine mentions the Lowrie trail,[27] which skirted the central part of Lumbee country. This trail linked to the trading path from Virginia to western South Carolina at its western end. It crossed the “Wilminton, High Point, and Northern trail” identified by Swanton near the heart of Lumbee country, and ran from northeast to southwest.[citation needed] The Cheraws-Winya Bay trail originated 30 miles (48 km) west and ran southeast to the South Carolina coast.[citation needed]

Scholarly research

In the early decades of the 20th century, various Department of Interior representatives[28] described the Lumbee as having Native American origin, and assigned them variously to one tribe or another. In 1936, Carl Seltzer, a physical anthropologist engaged by the federal Department of the Interior, conducted an anthropometric study of several hundred self-identified Indian individuals in Robeson County. He concluded the majority were Indian. But, researchers no longer consider his tests as valid determinants of ethnicity; they have been found to have been flawed.

18th century

In 1754, a surveying party reported that Anson County was “a frontier to the Indians.” Bladen County abutted Anson County which at that time extended west into Cherokee territory. The border between then Bladen and Anson counties was the present day Lumbee River, where present day Robeson County County and Scotland County meet. The same report also claimed that no Indians lived in Bladen County. Land patents and deeds filed with the colonial administrations of Virginia, North and South Carolina during this period show that individuals claimed as Lumbee ancestors were migrating into southern North Carolina along the typical routes of colonial migration from Virginia and obtaining land deeds in the same manner as any other migrants. In the first federal census of 1790, the ancestors of the Lumbee/Tuscarora were enumerated as Free Persons of Color.[29] In 1800 and 1810 they were counted in “all other free persons.”

In 1885, Hamilton McMillan wrote that Lumbee/Tuscarora ancestor James Lowrie received sizeable land grants early in the century and by 1738 possessed combined estates of more than two thousand acres (8 km²). Dial and Eliades claimed that another Lumbee/Tuscarora ancestor John Brooks established title to over one thousand acres (4 km²) in 1735, and Robert Lowrie gained possession of almost seven hundred acres (2.8 km²).[30] But, a state archivist has noted that no land grants were issued during these years in North Carolina. The first land grants to documented individuals claimed as Lumbee/Tuscarora ancestors did not take place until more than a decade later, in the 1750s.[31] The Lumbee petition for federal recognition did not use material from McMillan’s claims.[32]

Land records show that beginning in the second half of the 18th century, persons since identified as ancestral Lumbee/Tuscarora took titles to land described in relation to Drowning Creek and prominent swamps such as Ashpole, Long, and Back Swamp. According to James Campisi, the anthropologist hired by the Lumbee tribe, this area “is located in the heart of the so-called old field of the Cheraw documented in land records between 1737 and 1739.”[33]

But, the Lumbee petition for recognition based on Siouan connection, prepared by Lumbee River Legal Services in the 1980s, shows that the Cheraw Old Fields, sold to a Thomas Grooms in the year 1739, were located not in North Carolina at all. They were located in South Carolina, near the current town of Cheraw. This was more than 60 miles (100 km) from Pembroke.[34]

Pension records for veterans of the American Revolutionary War listed men with surnames later associated with Lumbee/Tuscarora families, such as Samuel Bell, Jacob Locklear, John Brooks, Berry Hunt, Thomas Jacobs, Thomas Cummings, and Michael Revels. In 1790, ancestral Lumbees such as Barnes, Bell, Braveboy (Brayboy), Brooks, Bullard, Chavers (Chavis), Cumbo, Hammonds, Hunt, Jacobs, Lockileer (Locklear), Lowrie (Lowry/Lowery), Oxendine, Revils (Revels), Strickland, and Wilkins were listed as inhabitants of the Fayetteville District; they were enumerated as “Free Persons of Color” in the first federal census.[35][36]

 Antebellum

The year 1835 proved to be critical for all free people of color in North Carolina. Following Nat Turner’s Slave Rebellion of 1831, the state legislature passed amendments to its original 1776 constitution; it abolished suffrage for “free people of color.” This was one of a series of laws passed from 1826 to the 1850s that historian John Hope Franklin characterized as the “Free Negro Code,” erecting restrictions on that class. Free people of color were stripped of various political and civil rights which they had enjoyed for almost two generations. They could no longer vote, bear arms without a license, serve on juries, or serve in the state militia.[37]

In 1853, the North Carolina Supreme Court upheld the constitutionality of the state’s restrictions on free people of color’s bearing arms without a license. Noel Locklear, in State v. Locklear, was convicted for the illegal possession of firearms.[38][39][40] In 1857, William Chavers from Robeson County, now considered a Lumbee/Tuscarora ancestor because of his surname, was arrested and charged as a “free person of color” for carrying a shotgun. Chavers, like Locklear, was convicted. Chavers promptly appealed, arguing that the law restricted only “free Negroes,” not “persons of color from Indian blood.” The appeals court reversed the lower court, finding that “free persons of color may be, then, for all we can see, persons colored by Indian blood”.

The twentieth-century anthropologist Gerald Sider published accounts of “tied mule” incidents repeated to him in the 1960s, which supposedly had caused losses of land for Lumbee ancestors during the 19th century. While Robeson County land records show an appreciable loss of Lumbee ancestors’ title to land during the 19th century, the documented causes are failure to pay taxes and other common reasons. Not one “tied mule incident” has yet been discovered in Robeson County records.[38][41][42]

Civil War

As the war progressed and the Confederacy began to experience increasing labor shortages, it began to rely on conscription labor. A yellow fever epidemic in 1862-63 killed many slaves‘ working on the construction of Fort Fisher near Wilmington, North Carolina, then considered to be the “Gibraltar of the South.” North Carolina’s slave owners resisted sending more slaves to Fort Fisher. Robeson County, along with most eastern North Carolina counties, began to conscript young free men of color. A few were shot for attempting to evade conscription, and others attempted to escape from work at Fort Fisher. Some succumbed to starvation, disease and despair. Documentation of conscription among the free people of color in Robeson County is difficult to locate. The practice may have been limited to a few specific areas of the county.[43][44][45]

Several dozen Lumbee/Tuscarora ancestors served in regular units in the Confederate army; they are documented as drawing Confederate pensions for their service. Others tried to avoid coerced labor by hiding in the swamps. During that period, some men from Robeson County operated as guerrillas for the Union Army, sabotaging the efforts of the Confederacy, and seeking retribution against their Confederate neighbors.

Lowrie Gang

Henry Berry Lowrie (also spelled Lowry) was notable for organizing a gang during the Civil War. Most of the gang members were related, including two of Lowrie’s brothers, six cousins (two of whom were also his brothers-in-law), the brother-in-law of two of his cousins, in addition to a few not related through kinship. The Lowrie gang included Indians and also 2 freed slaves and 1 white. The Lowries claimed to be Tuscarora Indians.

The gang committed two murders during the Civil War and were suspected in several thefts and robberies. After an interrogation and informal trial, Robeson County’s Home Guard executed Henry Berry Lowrie’s father and brother. This was in the period of the Union General William T. Sherman‘s army entering Robeson County.[43][46] Shortly after, Henry Lowrie and his band stole rifles and killed the county sheriff and several of the men responsible for his family losses.

Lumbee Jamie Oxendine and U.S. Congresswoman Marcy Kaptur during the opening of the National Museum of the American Indian.

The insurrection of the Lowrie gang against the establishment in Robeson County influenced their community. This helped the Indian community further develope a sense of being unique, possessing a separate identity and history, while Henry Berry Lowrie became a culture hero to the Lumbee.[47]

In 1872, during the Reconstruction era, George Alfred Townsend published The Swamp Outlaws, a history of the Lowrie Gang. Townsend described Henry Berry Lowrie as being of mixed Tuscarora, mulatto, and European ancestry: “The color of his skin is of a whitish yellow sort, with an admixture of copper—such a skin as, for the nature of its components, is in color indescribable, there being no negro blood in it except that of a far remote generation of mulatto, and the Indian still apparent.” Townsend wrote of Pop Oxendine, “Like the rest, he had the Tuscarora Indian blood in him…If I should describe the man by the words nearest my idea I should call him an Indian gypsy.”[48]

Post-Reconstruction: education and state recognition

In 1868 the legislature elected under Reconstruction created a new constitution, which established a public education system in North Carolina. The following year, the state legislature approved a measure that required segregated, separate schools for whites and blacks (in the binary society, traditionally free people of color, or mixed race, were mostly included in the latter category). Many Lumbee ancestors complied with the legislation and sent their children to Freedmen’s Bureau schools. Other traditionally free people of color refused to enroll their children in schools for freed slaves. In Robeson County, this impasse ended when, in 1885, North Carolina formally recognized the historically free people of color in Robeson County as “Croatan Indians”, through the effort of Democratic representative Harold MacMillan. He suggested that the free people of color were survivors of England’s “Lost Colony” at Roanoke Island who had intermarried with the Hatteras, an Algonquian people.[49] MacMillan was working to distinguish the mixed-race people from the freedmen, and to recruit them as Democratic voters.[50] That same year, the North Carolina General Assembly approved legislation that authorized a public school system for Indians.

Within the year, each Croatan Indian settlement in the county established a school “blood committee” that determined students’ racial eligibility.[citation needed] In 1887, tribal members petitioned the state legislature to request establishment of a normal school to train Indian teachers for the county’s tribal schools. North Carolina granted permission. Tribal members raised the requisite funds, along with some state assistance that proved inadequate. Several tribal leaders donated money and privately held land for schools. In 1899, North Carolina representatives introduced the first bill in Congress to appropriate funds to educate the Indian children of Robeson County. Another bill was introduced a decade later,[51] and yet another in 1911.[52] In 1913, the House of Representatives Committee on Indian Affairs held a hearing on S.3258 in which the Senate sponsor of the bill reviewed the history of the Lumbee and concluded that they had “maintained their race integrity and their tribal characteristics.”

Robeson County’s Indian Normal School evolved into Pembroke State University and later still, the University of North Carolina at Pembroke. By the 19th-century’s end, the Indians of Robeson County established schools in eleven of their principal settlements.[53]

Ku Klux Klan conflict

During the 1950s, Ku Klux Klan chapters attacked activists with the Civil Rights Movement and African Americans who were advancing in communities. After North Carolina adopted the Lumbee Act in 1957, Klan Wizard James W. “Catfish” Cole began to harass the Lumbee, claiming they were half-breeds who had overstepped their place in the segregated Jim Crow South. Klansmen burned a cross on the lawn of a Lumbee woman who was dating a white man. Cole planned a large Klan rally on January 18, 1958, near the town of Maxton. The Lumbee decided to confront the Klan.

The “Battle of Hayes Pond“, or “the Klan Rout,” made national news. Some 350-500 armed Lumbee overwhelmed and scattered the 50-100 Klansmen (leaders had projected 5,000 Klansmen would rally). The Lumbee encircled the Klansmen and confronted them. They opened gunfire, and four Klansmen were wounded in the first volley, none seriously; the remaining Klansmen panicked and fled. The Lumbee celebrated the victory by burning Klan regalia and dancing around the flames.[54]

Attempts to gain federal recognition

When the Indians petitioned Congress for educational assistance, their request was sent to the House Committee on Indian Affairs. It took two years for the Commissioner of Indian Affairs, T.J. Morgan, to respond to the Croatan Indians of Robeson County, telling them that, “so long as the immediate wards of the Government are so insufficiently provided for, I do not see how I can consistently render any assistance to the Croatans or any other civilized tribes.” [sic, in contrast to Indians on reservations.][55]

By the first decade of the 20th century, congressional legislation was introduced to change the Croatan name and to establish “a normal school for the Indians of Robeson County, North Carolina.” Charles F. Pierce, Supervisor of Indian Schools, investigated the tribe’s congressional petition, reporting favorably that “a large majority [were] at least three-fourths Indian” as well as law abiding, industrious, and “crazy on the subject of education.” The normal school would allow the training of teachers. Pierce also believed that federal educational assistance would be beneficial. But, he opposed such legislation since, in his words, “[a]t the present time it is the avowed policy of the government to require states having an Indian population to assume the burden and responsibility for their education, so far as is possible.”

In 1915, the report of Special Indian Agent O.M. McPherson of the Bureau of Indian Affairs, was sent to the North Carolina legislature by the US Senate. North Carolina had requested assistance in gaining information as to the status of Indians of Robeson County. The legislature was chiefly reviewing material and issues related to the state’s treatment of the Cherokee, who had been mostly forced out of the state under the Indian Removal Act of 1830. McPherson found that the Indians of Robeson County, since 1885 called Croatan Indians, had developed an extensive system of schools and a political organization to represent their interests. While he, like Pierce before him, noted that Robeson’s Indians were eligible to attend federal Indian schools, he doubted that these schools could meet their needs. Despite McPherson’s recommendations, Congress decided not to act on the matter.[56]

A committee report of 1932 acknowledged that the federal bill of 1913 was intended to extend federal recognition on the same terms as the amended state law. The chairman of the House committee abrogated assumption of direct educational responsibility to the Indians of Robeson County by the federal government. He believed they were already eligible to attend Indian boarding schools. Thus, the federal government was meeting its responsibility to the Indians of Robeson County through Indian boarding schools, such as Carlisle Indian Industrial School.

Indian New Deal

With passage of the Indian Reorganization Act in 1934, the Indians of Robeson County redoubled their efforts for access to better education and federal recognition. The Bureau of Indian Affairs (BIA) sent John R. Swanton, an anthropologist from the Bureau of American Ethnology, and Indian Agent Fred Baker to determine the origins and evaluate the claim of the Indians of Robeson County. Swanton speculated that Robeson’s Indians were of Cheraw and other eastern Siouan tribal descent. At this point, the Lumbee population split into two groups. One group supported the Cheraw theory of ancestry. The other faction believed they were descended from the Cherokee, which had occupied territory in the mountains and western part of the state. North Carolina’s politicians abandoned the federal recognition effort until the tribal factions agreed on an identity.

Lumbee Act

In 1885, the Lumbee were officially recognized by the State of North Carolina under the name Croatan Indians. They unsuccessfully sought federal recognition thereafter. In 1952, after a request from tribal members, the Robeson County Commissioners conducted a tribal referendum on the tribal name. Tribal members voted for adoption of the name “Lumbee Indians of North Carolina”. The Lumbee claim to be descendants of the Cheraw and related Siouan-speaking tribes originally inhabiting part of the coastal regions of the state of North Carolina. However, a significant minority of the Indians claim to be descendants of the Iroquoian-speaking Tuscarora.

In 1956, the United States Congress passed H.R. 4656, known as the Lumbee Act, which recognized the Lumbee as Native American people, but terminated their status as an Indian tribe. With the termination Congress excluded the Lumbee from receiving the federal services ordinarily provided to federally recognized tribes through the Bureau of Indian Affairs. As the only tribe in this circumstance,[4] the Lumbee have since sought full federal recognition through the congressional legislation.[5][6].

 The Lumbee Act designated the Indians of Robeson, Hoke, Scotland, and Cumberland counties as the “Lumbee Indians of North Carolina.” HR 4656 also stipulated that “[n]othing in this Act shall make such Indians eligible for any services performed by the United States for Indians because of their status as Indians.” This restriction as to eligibility for services was a condition tribal representatives had agreed to at the time in order to achieve recognition. In testimony before Congress, Lumbee spokesmen repeatedly denied that they wanted any financial services; they said they only wanted recognition as American Indians

Such recognition through congressional legislation is supported by some federally recognized tribes and opposed by others.[7][8] The Indians of Robeson County who identify themselves as Tuscarora and who have organized together as the Tuscarora Nation of North Carolina, which has neither state nor federal recognition, opposes use of the Lumbee name and label.[9][10] The federally recognized Eastern Band of Cherokee Indians (of North Carolina) has consistently opposed Lumbee efforts to gain federal recognition.

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Petitioning for federal recognition

The Lumbees have repeatedly sought federal recognition as an Indian tribe, going before Congress in 1899, 1910, 1911, 1913, 1924, 1932 and 1933 with petitions variously claiming to be Croatan, Cherokee, Siouan and Cheraw Indians.[57]

In 1952, the Lumbees adopted their present name, after the Lumber River which winds through Robeson County. In 1956, Congress passed the Lumbee Act, saying that the Lumbee were entitled to call themselves the “Lumbee Indians of North Carolina” but as a condition of recognition as agreed upon by tribal representatives, denying them access to financial and other services accorded to other recognized Indian tribes. In testimony before Congress, Lumbee spokesmen had denied that they wanted any financial services; they said they only wanted recognition as American Indians.

In 1987, the Lumbees petitioned the U.S. Department of the Interior for federal recognition, in a bid for financial benefits accorded recognized Native American tribes.[58] The petition was denied because of language in the Lumbee Act stating that the Lumbee were ineligible for federal benefits.

The Lumbee resumed lobbying Congress, testifying in 1988, 1989, 1991 and 1993 with bids for federal recognition by congressional action.[57] All of these attempts failed in the face of opposition not only by the Department of Interior but also by the several recognized Cherokee tribes, including North Carolina’s Eastern Band of the Cherokee, some of the North Carolina Congressional delegation, and some representatives from other states with federally recognized tribes. Some of the North Carolina delegation recommended an amendment to the 1956 Act that would enable the Lumbee to apply to the Department of Interior under the regular application process for recognition.[57] The tribe made renewed bids for recognition with financial services in 2004 and 2006. In 2007 North Carolina Senator Elizabeth Dole introduced the Lumbee Recognition Act.[10]

On January 6, 2009, US Representative Mike McIntyre introduced legislation (H.R. 31) intended to grant the Lumbee Indians federal recognition.[59] The bill has since garnered the support of over 180 co-sponsors,[60] including that of both North Carolina Senators (Richard Burr and Kay Hagan).[61] On June 3, 2009, the US House of Representatives voted 240 to 179 for federal recognition for the Lumbee tribe, acknowledging that they are the descendants of the Cheraw tribe. The vote will go on to the US Senate.[1] On October 22, 2009, the United States Senate Committee on Indian Affairs approved a bill for federal recognition of the Lumbee. The bill includes a no-gaming clause.[62] The bill still needs approval by the full Senate and the President before becoming law. The Senate adjourned for 2010 without taking action.[63]

 See also

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