And now:Ish <[EMAIL PROTECTED]> writes: >Subject: ["Lawrence A. Dunmore, III" <[EMAIL PROTECTED]>] > >>From [EMAIL PROTECTED] Sun Dec 20 11:17:33 1998 >Received: from smtp1.erols.com (smtp1.erols.com [207.172.3.234]) by tiger.esosoft.net (8.8.5) id LAA08861; Sun, 20 Dec 1998 11:17:32 -0700 (MST) >Received: from default (207-172-39-41.s41.tnt10.ann.erols.com [207.172.39.41]) > by smtp1.erols.com (8.8.8/8.8.5) with SMTP id NAA26514; > Sun, 20 Dec 1998 13:17:33 -0500 (EST) >Message-ID: <00b201be2c44$ffbc95a0$2927accf@default> >From: "Lawrence A. Dunmore, III" <[EMAIL PROTECTED]> >To: <[EMAIL PROTECTED]>, <[EMAIL PROTECTED]> >Subject: North Carolina Court Finds the State Should Recognize the Occaneechi Band of the Saponi Nation >Date: Sun, 20 Dec 1998 13:17:25 -0500 > >A Brief Summary of Judge Smith�s Decision in the Occaneechi-Saponi Case > >By Lawrence Dunmore, III > >As if symbolically, on December 7, 1998, the 57th anniversary of the >Japanese surprise bombing of Pearl Harbor, Hawaii, Judge Dolores Smith of >the North Carolina Office of Administrative Hearings (OAH) released her >decision in the case of the Occaneechi Band of the Saponi Nation Vs the >North Carolina Commission of Indian Affairs over the State Indian >Commission's continued denial of official State recognition to the Nation. > >After initial proceedings began in February, 1997 and a failed attempted >mediation, Judge Smith heard the case for one week in July of 1998. After >deliberating for over four months, Judge Smith has found in the >Occaneechi-Saponi peoples favor and made the following Recommendation: "That >the North Carolina Commission of Indian Affairs grant tribal recognition to >the Petitioners". > >The 41-page decision found very strongly in the Occaneechi-Saponi peoples >favor and has now added official State backing to their ongoing fight for >Official State recognition in North Carolina. The decision itself contains >242 Findings of Fact and 17 Conclusions of Law. > >Below you is a summation of parts of the decision. > >Judge Smith made the following: > >CONCLUSIONS OF LAW: > >The Occaneechi Band of the Saponi Nation satisfied 6 of the 8 Criteria for >Official State Recognition as a Tribe. Specifically, the Occaneechi-Saponi >satisfied Criteria 1, 3, 4, 5, 6, and 8 . > >It is concluded that, since the Petitioning Group has satisfied three >Criteria with the Commission, and an additional three criteria above, the >Petitioning Group has met more than five of the eight criteria and >satisfactorily meets the requirement of 1 NCAC 15 .0209 . > >The requirement for a tribal roll showing kinship ties has been met pending >submission of address of the tribal members on the tribal roll. > >The Jeffries family has documented its ancestry from people on the current >roll back more than 200 years to people identified as Indians. > >It is shown by a preponderance of the evidence that this Petitioning Group >traces back to the SAPONI and CATAWBA TRIBES, with the SAPONI TRIBE having >subsumed both the TUTELO and OCCANEECHI Tribes. > >It is therefore concluded that the Petitioning Group has traced its ancestry >back 200 years to tribes indigenous to North Carolina in satisfaction of the >requirement of 1 NCAC 15 .0211. > >In addition, Judge Smith made the following: > >FINDINGS OF FACT: > >The JEFFRIES family traces their heritage to the TUTELO-SAPONI and CATAWBA >TRIBES. > >It is found as fact that in the era of Fort Christianna, the OCCANEECHI and >TUTELO along with other tribes were subsumed under the tribal name of >SAPONI. > >Some of the evidence indicates an ancient tribal identity as CATAWBAN. In a >summation submitted by the Petitioners address this . . . . The Occaneechi >provided the Recognition Committee numerous documents proving that in the >late 1700s and early 1800s the Catawba name did not designate a tribe so >much as a CONFEDERATION of several tribes, including the Catawba proper. >When the Occaneechi were identified >as Catawba and were identifying themselves as such, they were recognizing >their relationship to the >CATAWBA CONFEDERATION, and not claiming to be Catawba in the sense that the >present day South Carolina tribe is Catawba. > >It is found as fact that the Catawba Tribe was joined at the Catawba River >Settlement by many other tribes including the Saponi and remnants of tribes >whose identity eventually became closely associated with the name, CATAWBAN > >There was a continuous migration of both tribes and remnants of tribes. They >banded together in an effort to find a safe and acceptable place to live and >to survive in the face of increasing pressure from encroaching settlers and >tribal population loss. > >Some Commission members testified that while the amount of Indian blood is >not relevant, living in the "Indian Way" is. One Commission member >testified, "You might have Indian heritage, but if you don�t live as an >Indian, you�re not a tribe" > >However, it is found as fact that there is no statute or rule which requires >that the Petitioning Group be living in the "Indian Way" . > >Some Commission members testified that if an ancestor denied his Indian >heritage in order to get land or an education, "you are through as an >Indian." There was also testimony that, you can not pick up and put down the >title of "Indian" for your convenience. When asked if a descendent could >later reclaim their Indian heritage, the response was, "No" . > >However, it is found as fact that there is no statute or rule which provides >that ancestors may not have denied their heritage or culture. > >On several occasions the Commission members testified that they have been >looking in this Petition for a "rifle shot" straight back from a current >tribal member to an ancestor described as a member of an indigenous tribe. > >However, it is found as fact that there is no requirement that a Petitioning >Group trace their heritage by direct evidence (a "rifle shot") and not by >circumstantial evidence. > > > >For more information contact the Occaneechi-Saponi Tribal office by email at >[EMAIL PROTECTED] or by phone at (919) 304-3723. > >More Information will be posted later. > <<<<=-=-=FREE LEONARD PELTIER=-=-=>>>> If you think you are too small to make a difference; try sleeping in a closed room with a mosquito.... African Proverb <<<<=-=http://www.tdi.net/ishgooda/ =-=>>>> IF it says: "PASS THIS TO EVERYONE YOU KNOW...." Please Check it before you send it at: http://urbanlegends.miningco.com/library/blhoax.htm
