St. Francis/Sokoki Band of Vermont Abenakis: Proposed Finding--Summary Under the Criteria--That This Group Does Not Exist As A Indian or Abenaki Tribe: Pages 118 to 127:

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A photocopy of a 1765 colonial document in English (with transcription), submitted by the petitioner and commonly known as "Robertson's Lease," names 10 individuals as grantors of land on "Missisque" [Missisquoi] bay and river to one James Robertson for a lease of 91 years (Robertson 1765.05.28; see Appendix 13). The grantors include the following:

Daniel Poorneuf [Portneuf],
Francois Abernard,
Francois Joseph,
Jean Baptist,
Jeanssis[?] or Jeanoses[?],
Charlotte widow of the late chief of the Abenackque Nation at Missisque,
Marian Poorneuf [Portneuf],
Ther[e]sea Daughter of Joseph Michel,
Magdalaine Abernard, and
Joseph Abomsawin (99.)

Charlotte [no surname], identified as the "widow of the late chief of the Abenackque Nation at Missisque[?]," not identified specifically as Indian or as Abenaki in the document, although it is implied. Nor are any of the other grantors identified as Indian or as Abenaki. Three of the grantors have two of the surnames which are found on the 1873 and 1875 Canadian censuses of the St. Francis Abenakis (Recensement du Villages 1873; Recensement du Villages 1875) and on the 1893 pay list of Interest Distribution for the St. Francis Abenakis Band (Indian Distribution Pay List 1893.05.09) – namely, Poorneuf [Portneuf] and Abomsawin [Obumsawin/Obomsawin]. Along with the grantor Poorness [Portneuf, two of the neighboring Indian landowners (see below) have names that are very similar to those found on the above-mentioned Fort Saint-Frederic register – namely, Momtock [Mantoch or Mantok] and White Head [Tete Blanche]. In addition to the grantors named on the Robertson lease, several other individuals, identified as Indians, are named as holders of 12 farms bounding the property being leased, all of which are located on the "Missisque" [Missisquoi] river, including
(on the south side of the river)
Old Abernard,
Towgisheat,
Cecile,
Annome [Announce?] Suisse[?],
Jemonganz Willsomsquax,
Jean Baptist the Whitehead, and
Old Etienne,
and (on the north side of the river)
Old White Heads,
Pierre Peckenowax,
FOOTNOTES:
99. Another person, Kapen Segou, is named by Richard McCarty in his witness Statement for this document. None of the petitioner's members claim descent from Kapen Segou.

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Francois Nichowizet[?],

Annus Jean Bapt. Momtock, and
Joseph Compient.

The lease indicates that the neighboring landowners are Indians, and it is probable that tile grantors as well as the landowners named oil the Robertson lease are Indians. Other than the statement that Theresa is the "Daughter of Joseph Michel," no information is provided concerning kinship or other relationships between the grantors or between any of the grantors and other landowners named in the lease or a tribal affiliation for them. The grantee, James Robertson, is not identified as Indian; in fact, the wording of the document implies that he is not Indian. The three witnesses recorded on the lease (Edward Simmonds, Peter Hanby, and Richard McCarty) are also not identified as Indians, and it is implied that they are not.

As indicated by this document, the geographical proximity of property held by numerous individuals who were identified as Indian implies that there was an Indian settlement at this location. (100.) Comparison of the names of the individuals identified on the 1765 Robertson lease with other records does not reveal a connection to the petitioner's known or claimed ancestors, although the SSA goveming document allows descent from individuals on this 1765 lease as eligibility for membership.

The petitioner submitted a photocopy of a 1766 speech (in Abenakis with an English translation) of the "Misiskoui Indians at St. Francis" to the governor of Quebec Province, regarding the appropriation of their lands at "Misiskoui" by English settlers (Misiskoui Indians 1766.09.08). This document contains no names and thus this does not provide genealogical evidence to determine ancestry for any of petitioner's members or ancestors of petitioner's members. It does indicate that there were already Missisquoi Indians at St. Francis in the mid-18th century.

The petitioner submitted a photocopy of a 1788 declaration (written in English) of Louis Outalamagouine, identified in the document as "an Abenaqui Indian of Misiskoui," which discusses an expedition to "Misiskoui" (Outalamagouine 1788.09.01). This document also mentions "another Abenaqui Indian named Xavier" [no surname]. Both Outalamagouine and Xavier were to serve as French-Abenaki interpreters. This document is a report to Lt. Col. Campbell at Montreal concerning incidents which took place on an expedition from St. Johns (Canada) to "Misiskoui" to investigate complaints made against the Indians there. Thus it provides some evidence of an Indian presence at Missisquoi as late as 1788. The petitioner does not claim either of these persons as ancestors of its members. Department researchers were unable to trace the petitioner's ancestry to these individuals.

A photocopy of an 1874 petition of the "Abenakis Indians of St. Francois" (in French), submitted by the State, contains a list of 36 signatories, all male, many of whose names also appear on the 
FOOTNOTES:
100. Since the grantors were leasing their land for 91 years, this document may indicate that at least a number of the community embers were relocating, although it is not known whether they relocated to other holdings they many have had in the area or to more distant locations, such as Odanak/St. Francis. The document hints that at least some of the grantors might have been planning to reside in the area for at least a part of the year since, as a condition of the lease, Robertson agreed "to plow as much land for each of the above persons [grantors] as shall be sufficient for them to plant their Indian corns every year..." (Robertson 1765.05.28).

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1873 and 1875 St. Francis censuses (Abenaki Indians of St. Fran ois 1874.04.24; Recensement du Villages 1873; Recensement du Villages 1875). This document is a request from the Abenakis Indians at St. Francis (Odanak) to the Governor General (of Quebec?) imploring him not to emancipate (disband?) the settlement/ mission at Odanak, stating that the Indians there wished to continue the circumstance of their relationship with the government of Canada. Although the entity which is represented by the petitioners is identified as Abenaki, none of the individual signing this petition are identified as Missisquoi Abenakl. Many of the Individuals who signed this document are also enumerated on the 1873 and 1875 St. Francis censuses (Recensement du Villages 1873; Recensement du Villages 1875). However, even though several of the signatories have the surname "Obumsawin," none of the signatories can be identified as related to petitioner's claimed ancestor, Simon Obomsawin, or any other known or claimed ancestors of the petitioner.

The register of Fort Saint-Frederic identified approximately 65 Missisquoi Indian individuals (Roy 1946, 268-312). However, the register recorded only 4 identified Missisquol Indians with surnames: Andre Mantoch, Pierre-Jean dit le Tete Blanch [sic], Pierre-Thomas Cadenait, and Francois Mantok. These individuals could not be linked to the petitioner's known or claimed ancestors and no members of the petitioning group claim or demonstrate descent from these individuals.

Fourteen decennial U.S. censuses taken in 1790, 1800, 1810, 1820, 1830, 1840, 1850, 1860, 1870, 1880, 1900, 1910, 1.920, and 1930 (U.S. Census 1800-1880, 1900-1930) provide information on persons residing in Vermont and on the eastern shores of Lake Champlain. The State submitted copies of portions of some census records for selected towns and counties as well as copies of census indexes compiled from Family Quest (Heritage QuestTM) census software. OFA researchers examined the submitted documents as well as full copies of these censuses available at the National Archives and Records Administration (NARA). None of the individuals claimed by the petitioner as members or ancestors of members were enumerated as Indians in these records (see discussion under criterion 83.7(e) – Analysis).

Eight members of the petitioning group claim descent from Elvine (Obumsawin) Royce (18861967) who lived in Montpelier, Vermont. (101.) The petitioner's 2005 Family Tree MakersTM (FTM) database contained the names of 22 of her descendants (including the 8 who are members). Elvine was the younger sister of William Obomsawin (abt.1879-1959) and Marion Obumsawin (1885-1980), all three of whom were informants for Gordon Day (Day 1948.07.00-1962.11.13). William and Marion lived on Thompson's Point in Charlotte, Chittenden County, Vermont. (102.) These three siblings were the children of Simon Obomsawin (1850-after 1930), who is likely the
FOOTNOTES:
101. Elvine (Obumsawin) Royce is enumerated on the 1930 U. S. census for Duxbury, Washington County, Vermont (U. S. Census 1930). However, according to Day she was living in Montpelier, Vermont, in 1955, and in a nursing home in Graniteville, Vermont, in 1961 (Day 1948.07.00-1962.11.13).

102. Another William Bosawin [Obomsawin] (1879-?), and his wife Mary (1882-?), both born in Canada, were enumerated as Indians on the 1880 U. S. census for Grand Isle, Grand Isle County, Vermont (U. S. Census 1880, Grand Isle County, Vermont). However, their kinship to William, Marian, and Elvine Obomsawin is unknown at this time. None of the petitioner's members claim descent from these two individuals, and none of the petitioner's claimed ancestors were enumerated as living near this William and Mary.

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same Simon Obumsawin (103.) listed on three censuses of St Francis (Odanak), Canada, as an Abenakis Indian and named as one of the petitioning group's twenty "primary" ancestors (104.) (see below) (Recensement du Villages 1873; Recensement du Villages 1875; and possibly Indian Distribution Pay List 1893.05.09).

The censuses do not document any of the petitioner's members or ancestors as living near the Obomsawins between 1880 and 1930, and no documentation has been submitted to indicate that the Obomsawins had any interaction with the petitioner's group before the 1970's. In addition, these records do not document any other groups or groups of Indians who are ancestors of the petitioner's members. The 1870 and later censuses enumerated some individual single Indian families in Vermont but the petitioner has not identified them as ancestors of its members. (105.) However, some census records provided genealogical information, Such as age, birth year of birth, place of birth, household relationships, and parents' birthplaces, for some of petitioner's members and ancestors of members, which was useful in verifying lineage submitted by the petitioner.

The State submitted five "Pedigree" charts from the Vermont Eugenics Survey (VES) conducted in the late 1920's; the information on these charts was derived from records at the Vermont Industrial School and Vermont Social Services Department (Pedigree SF 1927-1930) (see discussion under criterion 83.7(b) for historical background of EVES and analysis of its records). These charts generally contained information on an individual, the individual's spouse, children and "nationality," comments on "mentality," and the source of the information. One of the charts also contained information on the individual's siblings. The charts recorded the "nationality" (ancestry) of the individuals surveyed, including some claimed "Abenaki" ancestors of the petitioner's current members, as "French" (for four individuals from three families) or "Irish" (for one individual). The petitioner's current 2005b membership list includes 112 members who claim descent from one family identified by VES as "French," 14 members who claim descent from another "French" family, and 12 members who claim descent from the "Irish" family. The petitioner does not claim the third "French" family as a Missisquol Abenaki ancestral family, but it is linked by marriage to the other two "French" families and the "Irish" family, as well as to six other "primary" ancestral families. (See discussion under criterion 83.7(b) for a detailed description and evaluation of these documents.) One of the families ancestral to some members of the petitioner was described in the VES as having some members with Indian ancestry, but the tribal affiliations were not Abenaki. In addition, the petitioner has
FOOTNOTES:
103. The widowed Simon Obomsawin was enumerated on the 1930 U. S_ census for Charlotte, Chittenden County, Vermont (b.abt.1848, male, Indian), apparently living with his children, William and Marion, and a grandson, Fred Remington (abt. 1916-aft. 1930) All four individuals were identified as "Indian." One "A2" member of the petitioner also claims descent from Fred Remington.

104. When referring to any of the 20 ancestors claimed by the petitioner to be original "Missisquoi Abenaki" progenitors, the designation "primary" ancestors or "primary" ancestral lines will be used. Sec discussion under "Criterion 83.7(e) – Analysis."

105. Some of the individuals claimed by the petitioner as Indian ancestors of members were enumerated on the U.S. censuses as white and born in Canada. However, being born in Canada is not evidence of Indian descent.

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not demonstrated that individuals with these surnames married into an existing tribe, thus introducing French and Irish surnames into ail population.

(3) Church, school, and other similar enrollment records identifying present members as being descendants of a historical tribe or tribes that combined and functioned as a single autonomous Political entity.

The petitioner submitted a transcription of the baptism register of Ste. Mary's Catholic Church in St. Albans, Vermont, including baptisms during the 1847 to 1858 period (SSA .1996.01.1.7 6.01.1.7 [Part B Appendix 5B]). A photocopy of the original document was not submitted. This document presents the year, month, and day of baptism, child's given name, parents.' names, and godparents' names. Of the 42 baptisms recorded, none of the names of the parents, children, and godparents were among the ancestors of the petitioner's members. This transcription did not show the petitioner's claimed ancestors serving as godparents for each other's children. The baptismal records transcription did not identify individuals as Indian or as descendants of Indians.

The State submitted a photocopy of gravestone information for St. Mary's Catholic cemetery in Swanton, Vermont, compiled for the Swanton Historical Society (Ledoux 1993.08.00). (106.) it contained an alphabetical listing of gravestone inscriptions, including all available information (name, birth and death dates, parents' names, spouse's name, military ranks and service, remarks, and location), a map of the cemetery, and history of the sections. This document contained names of several persons claimed by the petitioner as ancestors of members, including, but not limited to, the following individuals:

(see the document itself) 

Mary Jane Campbell (abt. 1872-1897 wife of claimed "primary" ancestor, George W. Belrose (1872-1931)...19 members claim descent from this individual.

 

Lewis S. Coolomb [sic] (abt. 1802-1887 son of claimed "primary" ancestor, Joseph Colomb (abt. 1775-aft. 1822)...215 members claim descent from this individual.

 

Regis Richard Coolomb [sic] (abt. 1802-1887) son of claimed "primary" ancestor, Joseph Colomb (abt. 1775-aft. 1822)...0 members claim descent from this individual.

 

Delia (Colombe [sic]) St. Francis (1846-1910) granddaughter of claimed "primary" ancestor, Joseph Colomb (abt. 1775-aft. 1822)...138 members claim descent from this individual.

FOOTNOTES:
106. The document submitted is missing 24 pages, so the information is incomplete.

107. Dates listed are those shown on the gravestone (Ledoux 1993.08.00). Birth years preceded by "abt." are calculated from age at death as shown on the gravestone.

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Sophia (St. Laurent) Coolomb [sic] (abt. 1808-1884) daughter-in-law claimed "primary" ancestor, Joseph Colomb (abt. 1775-aft. 1822)...52 members claim descent from this individual.

Eli Adelard Hakey (1868-1952) claimed "primary" ancestor, Eli Adelard Hakey (1868-1952)...207 members claim descent from this individual.

Delia (Martell) Hakey (1876-1962) wife of claimed "primary" ancestor, Elia Adelard Hakey (1868-1952)...207 members claim descent from this individual.

George Delwin Hakey (1914-?) son of claimed "primary" ancestor, Elia Adelard Hakey (1868-1952)...11 members claim descent from this individual.

Ella M. Hakey (1916-1970) daughter-in-law of claimed "primary" ancestor Elia Adelard Hakey (1868-1952)...11 members claim descent from this individual.

Edward D. Hance (1849-1919) son of claimed "primary" ancestor, Antoine Edward Hance (1816-1911)...23 members claim descent from this individual.

Caesarie (Calcagno) Hance (1813-1899) wife of claimed "primary" ancestor, Antoine Edward Hance (1816-1911)...23 members claim descent from this individual.

Ambrose Hoague (1868-1931) son of claimed "primary" ancestor, Flavien Fabian Napolean Hoague (1830-aft. 1883)...4 members claim descent from this individual.

Napolean Hoague (abt. 1864-1956) son of claimed "primary" ancestor, Flavien Fabian Napolean Hoague (1830-aft. 1883)...70 members claim descent from this individual.

Peter E. [F.?] Hoague (1862-1948) son of claimed "primary" ancestor, Flavien Fabian Napolean Hoague (1830-aft. 1883)...0 members claim descent from this individual.

Clara (Hoague) St. Francis (1870-1922) daughter of claimed "primary" ancestor, Flavien Fabian Napolean Hoague (1830-aft. 1883)...112 members claim descent from this individual.

Peter C. Medor (1814-1819) claimed "primary" ancestor, Peter Cayie Medor (1814-1890)...49 members claim descent from this individual.

Marguerite Julia (St. Pitie) Medor (1814-1883) wife of claimed "primary ancestor, Peter Cayie Medor (1814-1890)...49 members claim descent from this individual.

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Edward Medor (1845-1915) son of Peter Cayie Medor (1814-1890)...0 members claim descent from this individual.

Peter Medor (1834-1908) son of Peter Cayie Medor (1814-1890)...26 members claim descent from this individual.

John F. Morits (1826-1910) son of claimed "primary" ancestor, John F. Morits (1790-aft. 1827)...0 members claim descent from this individual.

William Ouimett[e] (1863-1938) son of claimed "primary" ancestor, Theodore Amable Ouimette (1799-?)...9 members claim descent from this individual.

Mitchell St. Francis (1841-1918) grandson of claimed "primary" ancestor, Michel St. Francis (bef. 1811-1863)...138 members claim descent from this individual.

Nazaire St. Francis (1867-1936) great-grandson of claimend "primary" ancestor Michel St. Francis (bef. 1811-1863) (son of Mitchell St. Francis)...112 members claim descent from this individual.

Nazaire St. Francis (1890-1960) great-great-grandson of claimed "primary" ancestor, Michel St. Francis (bef. 1811-1863) (son of Mitchell St. Francis)...93 members claim descent from this individual.

George St. Francis (1899-1967) great-great-grandson of claimed "primary" ancestor, Michel St. Francis (bef. 1811-1863) (son of Mitchell St. Francis)...04 members claim descent from this individual.

Eugene St. Francis (1906-1968) great-great-grandson of claimed "primary" ancestor, Michel St. Francis (bef. 1811-1863) (son of Mitchell St. Francis)...0 members claim descent from this individual.

The gravestone information list also contains individuals with surnames consistent with individuals who have married petitioner's members or ancestors of members, such as Brow, Champagne, Cusson, Freemore, Giroux, Greenia, Hakey, Lapan, Lavigne, Minckler, Patnaude/ Patnode, Parizo, THerrien, Vanslette, Vincelette, Young, Zweeres, and possibly others. (108.) The cemetery record did not identify individuals as Indian or as descendants of Indians, but it did supply limited information on family relationships, such as names of parents, and souses, including maiden names of married women. It also supplied information that at least a number of the petitioner's ancestors attended the Catholic Church and were buried in its cemetery. The birth and death dates show that some individuals were contemporaries and thus

FOOTNOTES:

108. One surname appearing on the document - Paquette - is identical to an Abenaki surname on lists naming Indians at St. Francis in 1873-1875 and in 1893, although it does not appear in any of the lineages of the petitioner's members or ancestors of members.

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the petitioner might pursue this as all avenue of research to establish evidence that there may have been a community of the petitioner's ancestors centered at this Church.

The petitioner submitted a partial transcription of town "scholar's [sic] lists" for the period 18221 858 from Swanton, Vermont (SSA 1990.0 1.17, Appendix 3, 118). Photocopies of the original documents were not submitted. According to the petitioner, the transcription was taken from a "periodic" (most years, but not every year) report for the town of Swanton, recording families who sent their children to district one-room schools in the month of March. According to the petitioner, the document contained a listing of names, ordered by year and then by school district, and "[o]nly the father of the children was listed in most cases." This statement suggests that some of the names are those of students, which seems to be so for one of the petitioner's claimed ancestors, Antoine Colombo (1822-?) (discussed below), as he would have been only 10 years old in 1832 when his name first appears. No information on students' names, ages, mothers, siblings, or race or ethnic ancestry was provided in the record. Only three names oil the lists were identified as probable names of ancestors claimed by the petitioner: Lewis Colomb (1802-1887), Richard Colomb (1808-1866), and Antoine Colomb 109 (1822-?), three sons of the petitioner's claimed "primary" ancestor, Jos. Colombo (abt.1775-?). Other surnames which appear on the lists, including Melrose and Medor, may denote other ancestors of the petitioner. Thus, although this document, at minimum, provides the names of male individuals residing in the town and verifies that they were alive during a particular year, it does not provide information on genealogical relationships or evidence identifying individuals as Indian or as descendants of Indians.

(4) Affidavits of recognition by tribal elders, leaders, or the tribal governing body identifying present members or ancestors of present members as being descendants of a historical tribe or tribes that combined and functioned as a single autonomous olitical entity.

No such affidavits were submitted by the petitioner.

(5) Other records or evidence identifying present members or ancestors of present members as being descendants of a historical tribe or tribes that combined and functioned as a single autonomous political entity.

(a) County, City, and Family Histories and Commentaries, and Personal Records

The petitioner submitted abstracts of land records from Highgate, St. Albans, and Swanton, Vermont (SSA 1996.01.17, Appendix 4, 124). Photocopies of the original records were not submitted. Individuals named in these records appear to include one of the petitioner's claimed "primary" ancestors, John Morits; some descendants of other claimed ancestors, Lewis Colombo, Richard Colomb, Peter Medor, Edward Medor, and Mitchell St. Francis, as well as possible ancestors of lines that married into the "primary' ancestral lines, such as Sisco, Lampoon, Lefevre, Bessette [Bassett], Vansalette, Cota, Champing [Champange?], Lapan, Greenia, and
FOOTNOTES:
109. Possibly listed as Antoine Column in 1832 (Back Bay/Bow of the River/Dist. #9) and 1933 (Back Bay/Bow of the River/Dist. #9), as Antwine Coolum in 1934 (Back Bay, Bow of the River/Dist. #9), as Antoine Colomb in 1841 (Back Bay/Bow of the River/Dist. #9) and 1847 (Swanton Jct./Dist. #2), and as Antwine Coolom (Swanton Jct./Dist. #2) or Antwine Colom (Back Bay/Bow of the River/Dist.#9) in 1850.

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Levick. These records provided limited information on spouses, the period of residency, and names of other local residents and land owners. The petitioner should submit copies of the original documents in order for OFA to verify the spelling ofnanies, the dates of transaction, and other information such as heirs or owners of land bounding the parcel of record.

The petitioner also submitted a transcription of poor farm records from the Sheldon, Vermont, town offices for the years 1891 to 1948 (SSA 1996.01.17 [Part B Appendix 3]). Photocopies of the original records were not submitted and the petitioner is encouraged to submit them along with its analysis. The submission introduction stated that "[d]eath records of the farm have generated the following list of Abenakis who were living there [the Sheldon poor farm] at the time of their death[s]." The attached list contained the names of 52 individuals with the years of their birth and death. Only one of the petitioners' claimed ancestors from the "primary" ancestral families can be identified: Mary Hoague 1844-1914. Other names include individuals with surnames of families that married into the "primary" ancestral lines (Barrett, Laplant, Greenia, Ploof, Lampman, Cota, and Martell). Some individuals had the same surnames as some of the petitioner's "primary" ancestral lines, but could not be identified as descendants or relatives. The document did not provide any genealogical information regarding family relationships.

No family histories, commentaries, or personal records were submitted.

The petitioner derived much of the information used in its historical narrative from academic publications on the history of Missisquoi, Becancour, and St. Francis Abenaki Indians by Day (Day, 1981), Calloway (Calloway 1987.12.30, 1990, 1990a), Haviland (Haviland 1994 (Revised Edition; first ed. 1981)),and Wiseman (Wiseman 2001). A thorough discussion of these publications is provided under criteria 83.7(a) and 83'.7(b). These publications did not provide information concerning a continuously existing Missisquoi or Western Abenaki tribal entity that included the petitioner's ancestors. Nor do they provide names of individuals identified as members of the historical tribe, that is, persons documented as Missisquoi or Western Abenaki in the United States or Canada, or their genealogical connections to the petitioner's claimed ancestors.

(b) Oral Histories

The petitioner submitted transcripts of interviews with four individuals (see discussion under criterion 83.7(b) for additional analysis). All informants claimed descent from one of the primary" ancestors and all were born in the early part of the 20th century in Swanton, Vermont. These transcripts included a discussion of individual ancestors, relatives and kinship relationships, and memories of neighbors and schoolmates. However, while these records provide some limited insight into the petitioner's claimed relationships and activities (see discussion under criterion 83.7(b)), and contained some genealogical information on parents, grandparents, siblings, and cousins, they did not contain information leading to the documentation of Indian descent, since the informants' lineages were not systematically explored. What little information was obtained about ancestors was primarily anecdotal "family tradition." The petitioner needs to submit photocopies of birth, marriage, and death records, or other reliable evidence to substantiate claims made in the oral histories.

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(c) Personal Information

In its petition narrative, the petitioner names 20 specific "primary" ancestors (see below), none of whom are identified as Indian, Missisquoi Abenaki, or Western Abenaki on any historical documents or from information found in the petitioner's submissions. (110.) The petitioner submitted 6 family ancestry charts (SSA 1982. 10.00, Chart 1), 7 individual history charts (IHC 1982), 20 descendancy charts (one for each of the 20 "primary 110 ancestors (SSA 1995.12.18), and member information compiled in a Family Tree MakerTM (FTM TM) genealogical database (SSA. 2005). The family ancestry charts diagramed multiple family lines through 4 to 5 generations over a period of approximately 120 years and included contemporary heads of households. The individual history charts were standard genealogical forms and, for these records, contained the name of an individual, the name of the individual's parents, and (in a few cases) the name of the individual's spouse, children, and siblings. The descendants charts were outline descendant charts produced with FTM TM software using the petitioner's genealogical database. Although these charts were useful in evaluating genealogical relationships, they were not accompanied by copies of vital records documenting birth, parentage, marriage, or ancestry. OFA researchers confirmed some of the dates and relationships through examination of census records. Nevertheless, the petitioner is advised to send documentation verifying birth, death, and marriage dates of its "primary" ancestors and succeeding generations of their descendants.

(d) Other Sources

Numerous newspaper articles dated from 1892 to 2002 submitted by the petitioner, arid particularly three obituaries (Lampman, Leonard Sr. 1987.05. 10, Laurent, Stephen n.d., (111.) St. Francis, Homer 2001.07.09) submitted by the State of Vermont, provided some confirmations of information from primary sources. However, the reliability of newspaper accounts vary according to the type of event, the source of information, and the perspective of the writer. For example, contemporary notices of marriages, births, or deaths are generally more reliable than reminiscences of genealogical connections to historical figures. Although these obituaries provided some useful genealogical information on the individuals discussed, such as birth or death dates, and names of spouses, children, siblings and parents, none of the information contained in these documents provided evidence of a contemporaneous Indian entity of which the petitioner's ancestors were a part.

Analysis – Descent from a Historical Tribe

In order to meet criterion 83.7(e)(1), the petitioner must demonstrate descent from a historical tribe, or from tribes which combined and functioned as a single entity. When it is documenting descent from members of the historical tribe or tribes, the petitioner must show that the persons claimed as Indian ancestors were descendants of the particular historical tribe.
FOOTNOTES:
110. The information on Simon Obomsawin (1850-after- 1930) was either submitted by the State or located by OFA researchers.

111. It should be noted that Stephen Laurent was not a member of the petitioner and is not listed on any membership list or in the petitioner's genealogical database.

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Criterion 83.7(d) requires that

a copy of the group's present governing document including its membership criteria. In the absence of a written document, the petitioner must provide a statement describing in full its membership criteria and current governing procedures.

Governing Document

Current Governing Document

The petitioner's current governing document, received with the petitioner's submission on May 16, 2005, is entitled "Constitution of The Sovereign Republic of the Abenaki Nation of Missisquoi." The Preamble states:

The Abenaki People of the St. Francis/Sokoki Band of the Sovereign Republic of the Abenaki Nation of Missisquoi and our descendants, recognizing the need to preserve the heritage of our Ancestors, our culture, our history, our language, our ancestral native lands, and our sovereign right to live free and commune with the spirits of the natural world, do hereby establish this Constitution as the Great Law Of the Sovereign Republic of the Abenaki Nation of Missisquoi.

The document is 11 pages long with 13 articles addressing membership, leadership, voting, meetings, justice and security, civil rights, assets, amendments, and ratification, plus a section entitled "Interpretation" containing definitions. Article XIII (Ratification) states "[t]his constitution was presented to the citizenry at a Special General Meeting on November 5, 1995," and that it "was ratified at a Special General Meeting on ... February 25, 1996." (94.) Article XIII is followed by the signatures of the "chief' and six "councilors" as well as the petitioner's seal (Petitioner 2005, 1996 constitution).

Previous Governing Documents

In 1982, the petitioner submitted a governing document entitled "Constitution of the Abenaki Nation of Vermont," which contained a preamble, interpretation (definitions), and seven sections (SSA 1982. 10.00 Petition, 163-167). This document was unsigned and undated.

The July 22, 1982, minutes of the petitioner's governing body ("tribal council") note that "'when the council approved the membership criteria (attached) the council felt that the added criteria was needed to explain questionable members that already have membership cards" (SSA Minutes 1982.07.22). The membership criteria identified as "attached" to the minutes were not submitted with that document by the petitioner. However, a undated list of membership criteria
FOOTNOTES:
94. The available record contains no minutes of either of these special general meetings. There are no meeting minutes in the record for 1995, and the minutes for the "Abenaki Tribal Council" meeting on February 10, 1996, contain no mention of either the general meetings or the constitution (ATC Minutes 1996.02.10).

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were submitted with the 1982 constitution (SSA 1982. 10.00 Petition, 168). The minutes further state, "[t]he vote to except [sic] the membership criteria was put to a vote with 16 approve 4 disapprove." Although 20 persons voted on this Item, the 1982 constitution states that "tile council of the Tribe shall consist of one Chief and six councillors [sic]..."(SSA 1982, 10.00 Petition, 164 [Section 11 (4)]).

The October 6, 1981, minutes of the petitioner's "tribal council" note that the next council meeting, on October 20, 1981, will "[g]o through by-laws and change [them] (SSA Minutes 1981'.10.06). No minutes for a council meeting on October 20, 1981, and no by-laws were submitted by the petitioner.

Governance and Membership as Presented Miscellaneous Documents

Leadership

Articles II through VII of the petitioner's current governing document are concerned with leadership. Article II provides that the "Chieftainship shall rest exclusively within the traditional hereditary families" and "shall be held for life and shall be without regard to gender." The document does not define "traditional hereditary families," and, although the article provides for the appointment of a successor by the "present Chief," no provision is made for succession if the "present Chief' dies or resigns without-naming a successor. The petitioner submitted a newspaper article dated September 12, 1989, which announced "Abenakis make leader chief for life." However, apparently no amended governing document, changing the leadership from a two-year term of office to lifetime appointment, was passed by the group until the current governing document was ratified on February 25, 1996. Article III defines the duties and powers of the office of the "Chief."

Article IV of the current governing document provides for the election of a "tribal council." There is no mention anywhere in the document of how many persons are to serve on the "tribal council" but eligibility to serve is defined in Article IV, Section 9, as persons "eligible to vote in the next annual Tribal elections." Voter eligibility is defined in Article IV, Section 4, as "[a]ny Tribal citizen at least fifteen (15) years of age." Article V defines the duties and power of the council, Article VI provides for recall of council members, and Article VII provides for council meetings.

Article VIII of the current governing document describes the duties of the "Tribal Judge" and "Head of Security," although no definition of eligibility or process for election or appointment of individuals to serve in these positions is provided.

Membership

(a) Membership Eligibility Criteria

Article I of the petitioner's current governing document defines and describes the registration of members. Section 2 states that persons applying for membership "must submit an official enfranchisement form and genealogical proof of Abenakl descent to the Chief and Tribal

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Council." The petitioner submitted a sample of a "official enfranchisement form" and an enfranchisement form for "reauthorized families" (Petitioner 2005.08.05). The petitioner also files but none contained examples of genealogical submitted copies of selected membership files proof of Abenakl descent" for current members. Eligibility criteria for membership as presented in Section 2 include:

a) Documentations of direct descent from an Abenaki family listed on the 1765 James Robertson lease. (95.)


b) Any person of Abenaki descent as determined by the Chief and Tribal Council, who is not a citizen of any other North American Tribe and who is not a citizen of any other country, is eligible for citizenship. The Chief and Tribal Council may seek advice and council from the Board of Elders regarding citizenship eligibility. (Petitioner 2005, 1996 constitution)

The "Board of Elders" is defined in the "Interpretation" (Definitions) section of the petitioner's current governing document as "a group of five or more citizens, age 50 years and over, who are steeped in the Law of the Nation" (Petitioner 2005).

In an earlier petition submission (SSA 1982. 10.00 Petition, 181[168]), additional "criteria used in determining membership," which were "otherwise tacit and taken-for-granted among Tribal Council members," included:

In the Absence of documented verification of Indian ancestry, membership iii family with long-standing local community recognition as Indian shall make a person eligible for membership.


Other Individuals who claim Abenaki descent, and who are closely affiliated with or related by marriage to current band members shall also be eligible for membership.


The Tribal Council may adopt into the band and nation any Indian or non-Indian they so choose. (SSA 1982. 10.00 Petition, 181[168])

The current governing document does not address criteria or procedures for adoption of individuals into the petitioner's membership, nor does it specify any age requirement for membership. The petitioner has not submitted any definition of or examples of documentation acceptable for satisfying membership eligibility. The petitioner does not identify a specific "ancestral historical tribe" other than "Abenaki" in the current governing document. The only census, cited containing names of ancestral tribe members, from whom list, or other document cited as containing names of ancestral tribe members or eligible applicants should descend, is the 1765 James Robertson lease (Robertson 1765.05.28).
FOOTNOTES:
95. The FTMTM databases submitted by the petitioner do not contain the names of any descendants of the individuals named on the 1765 James Robertson lease, nor do these databases link the petitioner's current members to any of the individuals named on this lease.

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(b) Resignation and Removal

Sections 3 through 7 of Article I of the petitioner's current governing document briefly address procedures for voluntary resignation of membership, causes for temporary and permanent expulsion, and removal from the "Tribal Roll or List." Reference is made to "resolutions" and "statutes" regarding these matters but no copies of these "resolutions" or "statutes' were submitted by the petitioner.

Analysis

The current governing document, the February 25, 1996, constitution, submitted by the petitioner contains rules of government and membership. However, it fails to address some critical aspects of membership, administration, and governance.

Membership application procedures, genealogical documentation, maintenance of membership lists (like those outlined in the earlier governing document submitted in 1982) and membership files, membership severance and appeal, and identification of appropriate documents specifying the ancestors from whom current members descend and from whole applicants should descend, are not codified in bylaws, regulations, or official resolutions. If the petitioner has such additional governing documents, such as the "by-laws" mentioned in the October 6, 1981, minutes of the petitioner's governing body, it should submit them.

With regard to leadership, the term "traditional hereditary families" is not defined or the families listed so that leadership eligibility is clarified. Also, succession to leadership if the current leader does not name a successor is not described in detail. The number of "tribal council" members and the eligibility and election or appointment process for other offices are also not codified.

Although the criteria do not require the petitioner to address these concerns specifically, the petitioner is advised that future problems with group administration and membership certification may arise if these topics are not addressed in the governing document or in bylaws, regulations, or official resolutions. If the petitioner practices some method for determining eligibility and verification of descent from the historical tribe, it should provide a written statement describing these practices.

Conclusion

The petitioner has submitted a governing document containing membership criteria. Therefore, the petitioner meets the requirement of criterion 83.7(d).

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Criterion 83.7(e) requires that:
the petitioner's membership consists of individuals who descend from a historical Indian tribe or from historical Indian tribes which combined and functioned as a single autonomous political entity.

Petitioner's Claims

The SSA claims descent from the Western Abenaki Indians who resided at Missisquoi, near present-day Swanton, Vermont (see Overview of the Petitioner). This historical group was identified in contemporaneous documents up to the mid-1700's as residing in the area of the northeastern shore and islands of Lake Champlain, as well as at the Indian village/mission at St. Francis (Odanak), in the Province of Quebec, Canada (see discussion under criterion 83.7(b)). The petitioner does not claim descent from St. Francis Abenaki Indians other than asserting that some residents there were Missisquoi Abenaki who relocated to St. Francis (Odanak) to escape warfare between England and France or between the American Colonies and England (see discussion in Overview of the Petitioner).

The petitioner claims that its members descend from "such historically documented family lines as: Cajiais, Morice, Nepton, Obomsawin, Philippe, Portneuf, St. Francis, Toxus, and Wawanolett" (SSA 2000.00.00 ca). It also asserts that its members meet the group's descent criteria as set forth in its constitution – that is,

a) Documentation of direct descent from an Abenaki family listed oil the 1765 James Robertson lease.


b) Any person of Abenaki descent as determined by the Chief and Tribal Council .... (Petitioner 2005, Constitution ratified February 25, 1996)

The petitioner does not specify, either in its governing document or in its petition, whether applicants for membership must meet both of these criteria or only one criterion.

The petitioner identifies 20 "historical 20th century social core families" that the petitioner asserts "comprised the [Missisquoi] Abenakie community. They are: Barratt, Belrose, Cheney, Colomb, Demar, Ethier/Hakey, Gardner, Hance, Hoague, Lafrance, Medor, Monts, Nepton, Obomsawin, Ouimette, Partlow, Phillips, Richards, St. Francis and St. Lawrence" (SSA 1995.12.11 [Second Addendum], 10). Although not specifically stated in its petition, the petitioner implies, through information supplied in its genealogical database and its petition documents, that the progenitors of these 20 family lines are the Abenaki ancestors of all of its current members.

Based on the SSA's governing documents and other petition documents, the petitioner's members and, by extension, its progenitors claim descent from individuals named on the 1765 Robertson Lease or from some other Abenaki entity that may or may not have resided at Missisquoi.

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Genealogical Evidence: Records Reviewed

The regulations describe types of evidence that are acceptable to the Secretary under- 83.7(e). However, the acceptable evidence is not limited to the categories listed in the regulations. The specified types of evidence examined for this petition are described below.

(1) Rolls prepared by the Secretary on a descendancy basis for purposes of distributing claims money, providing allotments, or other purposes.

At this time, there is no evidence that the Secretary or any other Federal agency prepared tribal rolls for the Western Abenaki Indians or the petitioner's ancestors in the United States. However, tribal rolls prepared by the Canadian government do exist for the Abenakl affiliated with the 0danak Reservation at St. Francis in the Province of Quebec, Canada. These rolls include an 1832 return (report) naming heads of Abenakl families and young warriors (Nominal Return of the Abenaquois Indians 1832), 1873 and 1875 censuses listing the names and ages of all Abenaki household members at St. Francis (Odanak), in Canada but not at St. Francis, and in the United States (Recensement du Villages 1873, 1875), and an 1893 pay list naming heads of St. Francis Abenakis households (Indian Distribution Pay List 1893.04.14).

The State of Vermont submitted a photocopy of an original 1832 return (report) of the Abenaki Indians at St. Francis (Odanak), written in English, containing them names of 100 heads of families and young warrior above 15 years of age as well as a tabulation of persons in each household (adult males and females, boys, and girls) (Nominal Return of the Abenaquois Indians 1832). Although the report provides a great deal of information on Abenaki surnames, total population, and the size of families, it provides no information on kin relations beyond individual households or on adult ages. An examination of the names on the return reveals none of the names of the petitioner's claimed ancestors, although similarities of surnames alone would not constitute evidence of descent or tribal affiliation.

The State submitted a photocopy of an original 1873 census of the Abenaki Indians at St. Francis (0danak), written in French, and containing the names and ages of a total of 316 persons, including 154 adults, 65 school-age children, and 97 infants, making up approximately 72 households (Recensement du Villages 1873). (96.) It also contains information on families living away from St. Francis, including 5 families (28 persons) as "residents of Canada" (Residents [sic] En Canada) (not at St. Francis) and 7 families (23 persons) in the United States (Residents [sic] aux Etats Unis). It also reports population change, such as deaths and births in margin notes. This document provides a wealth of information on families, descendants, and intermarriage kinships because it lists the names of children and elderly parents living with adult couples, and frequently provides both the maiden name and married name of female spouses. For fathers and sons with the same name, each heading their own household, the list denotes which is the son (fils). If a woman is a head of household, it indicates whether she is a widow and often gives the complete name of her deceased husband. One of the petitioner's claimed Indian ancestors, Simon Obomsawin (1850-after 1930), is possibly the 22-year-old "Simon Obumsawin fils," enumerated at St. Francis (0danak) on this list with 16-year-old Marie Jeanne
FOOTNOTES:
96. All French spellings and diacritical marks are as they appear on the document quoted.

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Obumsawin (probably his sister, see 1875 census). None of the other ancestors claimed by the petitioner are enumerated on this list, even thought some were born in Quebec and may have been living near the reserve, as evinced by census and birth records (See discussion under 83.7(e) - Analysis).

The State submitted a photocopy of all 1875 census of the Abenaki Indians at St. Francis (Odanak), written in French, and containing the names and ages of a total of 391 persons, including 250 adults, 56 school-age children, and 31 infants, making up approximately 75 household (Recensement du Villages 1875). It also contains information on families living away from the reserve, including 9 families (38 persons) as "residents of Canada" (Residents [sic] En Canada) (not residing at Odanak) and 13 families (45 persons) in the United States (Eats Unis). This document also specifies causes of population change (Causes de Diminution), such as "struck. from the list" (Rayes de La [sic] listed), "absent or away iii [United] States" (Absents aux Eats), "absent in Canada" (Absent En Canada), deaths (Deces [sic]), births (Naissances), and returnees (Retour [sic]). This document provides the same type of information as found on the 1873 census. In one instance, when a man is enumerated at St. Francis (Odanak) and his spouse and children enumerated as living in the U. S., his wife's entry includes a note indicating her husband's full name. One of the petitioner's claimed Indian ancestors, Simon Obumsawin (1850-after 1930), is again possibly the "Simon Obumsawin fils" (no age given) enumerated as "resident in Canada" on this list with "his sister", (sa soeur), Marie Jeanne (no age given). None of the other ancestors claimed by the petitioner are enumerated on this list, even though some were born in Quebec and may have been living near the reserve at this time (see list discussed above under the 1873 census).

The State submitted a photocopy of an original 1893 Indian interest distribution pay list for Abenakis at St. Francis (Odanak), written in English (Indian Distribution Pay List 1893.04.14). It contains the full names (given name and surname) of 115 adults, probably heads of households because beside cacti name is a tally of the number of men, women, boys, and girls presumably living in the household. The tally also indicates the number of individuals who emigrated, died, and were born since the last distribution. Although some names on this list are identical to some shown on the St. Francis censuses, it is difficult to verify identities because no ages or names other than the head of the household are given. Again, as in the 1873 and 1875 St. Francis censuses, the only one of the petitioner's claimed ancestors who may be found on the list is possibly "Simon Obumsawin fils," identified as a single head of household living alone. (97.)

None of the individuals named in these documents are specifically identified as Missisquoi Abenaki or other Abenaki coming from or living in the Swanton area of Vermont. The petitioner has not claimed or shown descent from individuals on these Canadian censuses, other than possibly "Simon Obumsawin fils."
FOOTNOTES:
97. The petitioner's claimed ancestor named Simon Obomsawin married in 1878 at Odanak and had at least three children by 1893 – William Simon (1879-?), Marion Marie-Anne (1883-?), and Elaine (1886-1967). All three would have been adolescents at the time of the 1893 census and most likely still living at home. It is possible that the 1893 "Simon Obumsawin fils" is the same person as the petitioner's claimed ancestor because the list shows four children of "Simon Obumsawin fils" adopted by three other individuals on the list. However, there were numerous Obumsawins named on the 1893 pay list and the "Simon Obomsawin fils," who was living alone in 1893 and had four children adopted out, may not be the petitioner's ancestor.

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(2) State, Federal or other official records or evidence identifying present members or ancestors of present members as being descendants of a historical tribe or tribes that combined and functioned as a single autonomous political entity.

The State submit photocopies of numerous State birth, marriage, and death records for individuals the SSA claims are members or ancestors of members. These included 37 birth records for individuals born between 1904 and 1937 (Birth Certificates [BC] 1904-1937), 28 marriage records for unions recorded between 1820 and 1966 (Marriage Certificates [MC] 1820-1966); and 8 death records for individuals who died between 1885 and 1937 (Death Certificates [DC] 1885-1937).

The petitioner submitted transcriptions of 20 births in Swanton, Franklin County, Vermont, between 1904 and 1920 from Franklin County record books, claiming the births were "identified as mixed or Indian-White" (Swanton Birth Records 1900.00.00-1920.00.00). The petitioner did not submit copies of these original birth records from Swanton. However, among the vital records submitted by the State were photocopies of 37 birth records from Franklin County, including all 20 of the records itemized on the petitioner's transcribed list (Birth Certificates [BC] 1904-1937). Department researchers examined these records for authenticity, source, and other pertinent information. The birth certificates provided the usual genealogical information, such as date and place of birth, full birth name, color (race), sex, the "number of child of mother," and each parent's name, age, place of birth, place of residence, and occupation. This information enabled verification of some lineage information submitted by the SSA. However, the documentation of "color" (race) on these records is both unclear and inconsistent (see in-depth evaluation and discussion under criterion 83.7(b)), and does not note Indian ancestry for these named individuals.

The State submitted copies of 28 marriage certificates recorded in Vermont and Quebec Province, Canada, for individuals married between 1820 and 1966 whom the SSA claims as members or ancestors of members (Carriage Certificates [MC] 1820-1966). Of these 28 marriage records, 12 are official typed copies of certificates of marriage from the State Department of Health, which contain the most genealogical information of any of the records, including names of the bride and groom, their town of residence, place of birth, age, occupation, color, number of past marriages, all parents' full names and birthplaces, and date of marriage. Three of the marriage records were photocopies of the handwritten town or county marriage register for carriages in the early to middle 19th century. The remaining 13 records are copies of microfilmed town clerk information cards, including 10 groom and 3 bride cards. These cards do not provide information about the spouse other than the name. The remaining information pertains exclusively to the individual for whom the card was completed, including name, age, place of birth, occupation, residence, parents' names, date of marriage, place of marriage, and name of person officiating. None identified an individual as Indian. The genealogical information provided by these documents proved useful in verifying genealogical information submitted by the petitioner.

The State also submitted copies of eight death records for individuals who died in Swanton, Franklin County, Vermont, between 1885 and 1937, whom the petitioner claims were members or ancestors of members (Death Certificates [DC] 1885-1937). None of these records identified

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individuals as Indian or Abenaki. These records provided some genealogical information about the deceased, including (late, place, and cause of death, age, marital status, occupation, birthplace, and parents' names.

In addition, Departments researchers examined historically Vermont records, Canadians records, and land transaction records, for both the colonial and post-colonial periods, dealing with the historical Western Abenaki tribe. These were submitted by the petitioner and the State of Vermont and included the transcriptions of a register of baptisms, marriages, and deaths recorded at Fort Saint-Frederic between 1732 and 1759 (Roy 1946, 268-312), a 1765 lease designated "Robertson's Lease" for land "in the bay of Missisquoi" (Robertson 1765.05.28), a 1766 speech of the Misiskoui Indians (Misiskoui Indians 1766.09.08), an 1874 petition of the Abenakis of St. Francois (Abenaki Indians of St. Francis 1874.04.24), and a 1788 declaration by Louis Outalamagouine (Outalamagouine 1788.09.01).

The register of Fort Saint-Frederic, written in French, was transcribed from the original records by Pierre-Georges Roy and published in Hommes et Chosen du Fort Saint-Frederic (Roy 1946, 268-312). It was submitted by the petitioner and covers the period 1732-1759. Fort Saint was a French military fort located on the southwestern shore of Lake Champlain, which was abandoned in the middle to late 18th century. The register, which appears to be an official record of the fort administrators, reported baptisms of 255 individuals (mostly children), both French and Indian, and listed both the names of the parents and the names of the godparents. Of these, 16 of the children baptized were designated as having parents who were "Abenakl Missisquoi" or "Missisquoi Indian." In addition, the parents of 21 children were designated "Abenaki St. Francis," the parents of one child were designated "Abenaki Becancour," the parents of one other child were designated "Abenaki Debaguanos? [sic]," and the parents of 15 children were designated simply "Abenaki." The total number of Abenakl or Missisquoi children whose baptisms were recorded totals 54. (98.) For non-Indian baptisms, both the given names and surnames of the parents and godparents were recorded. However, only the first name (given name) of the Indian parents and godparents was recorded. A total of 30 marriages were shown in the register but no Indian marriages were recorded. The register listed the deaths of 4 individuals whose parents or personal identity were designated "Abenakl Missisquoi," 12 individuals whose parents or personal identity were designated "Abenaki St. Francis" or "St. Francis Indian," and 2 individuals whose parents or personal identity were designated simply "Abenaki." The total number of deaths recorded in the register was 194, of which 18 were Abenakl or Missisquoi or St. Francis Indian deaths; 10 of the 18 Abenakl deaths appear to have included the surname of the individual. Only one Abenakl Indian couple recorded the baptism of more than one child (two). Kinship relations were available only in the form of parent-child entries in the baptismal records and parent-child entries for infant deaths. First names and the few available surname of the Indian individuals were compared with later censuses of Indians at St. Francis (Odanak) and other available evidence but could not be linked to known or claimed ancestors of the petitioner.
FOOTNOTES:
98. Abenakis, Missisquoi, and St. Francis Indians were. not the only Indians who had children baptized. The register includes at least seven baptisms of Iroquois du Sault Saint-Louis children.

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Leadership as Defined by the Petitioner

According to the petitioner, leadership authority was vested predominantly in the heads of families until the establishment of the group's council in the 1970's. In accordance with the petitioner's claim to being "underground" for a number of years, the group explains the absence of documentary evidence of leaders by maintaining that these individuals were likewise hidden. The 1986 Response includes a quote which the petitioner maintains describes the group's notion of leadership:

The Anglo understands power from what he sees in the leaders of a given group. Those leaders [sic] actions are recorded and made history. For two hundred years our people haven't had any leaders stand up out of our circles for the Anglo in this part of the country to view and to understand. Therefore, for 200 some odd years our people have blended. We've disappeared. We still don't have leaders as you understand them. We have people who go out and share our feelings and our opinions today with the [non-Indian] community. We are trying to let people know who we are here, there are more of us.... (SSA 1986.05.23 [Addendum B], 122)

The petitioner submitted a document entitled "Family History and Leadership Chart" (SSA 1996.01.17 [Part B, Appendix 2]) as part of an appendix to the 1986 Response. According to the petitioner, through the oral traditions of the Abenaki community, many of the leaders have been identified for the 1900 to 1985 period and are listed in an Appendix here" (SSA 1986.05.23 [Addendum B], 123). The petitioner did not include a description of how this information was gathered, or cite the particular "oral traditions" from which this information was said to have been gleaned.

This list contains the names of a number of people whom the petitioner described as leaders during the 20th century, but the group has not included information as to what qualified these individuals to be called leaders, other than that they were the parents of particular families. For example, the petitioner has not identified any activities which these people played a role in organizing. The petitioner did not identify instances in which an individual was called upon to render assistance to another member. The petitioner has not offered evidence that people in the larger community acknowledged these people were influential within the community as a whole, not just within their own families. The petitioner has offered no explanation as to why, if the group was so concerned with hiding from "Angles," none of the Indian groups in New England acknowledged any leaders of this group. The petitioner has also not offered sufficient information to demonstrate that people within the group looked at these individuals as leaders. The petitioner should provide examples of this type of information to demonstrate that these people were actually leaders, and to provide evidence of their leadership activities.

Many of the petitioner's ancestors came from very large families, married other people from equally large families, and then went on raise large families of their own. The size of these families led the petitioner to state that having a large family was "commonly the baseline and essential starting point for any leader" (SSA 1996.01.17 [Part B Appendix 8], 163). The petitioner should demonstrate that the individuals it identifies ash leaders not only influence their

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numerous family members, but also can influence and mobilize people other than family members (even if they exert influence by mobilizing their own family members to sway those outside their families).

Maintaining Order in ''Back Bay"

The petitioner maintains that Nazaire St. Francis Jr. (1890-1960) was one of the family leaders among the members of the "Back Bay" area, just as it claimed that his father had been in the late' 19th-century. According to the petitioner,

Nazaire St. Francis Jr. raised as many as six gardens at different locations in the Back Bay, and regularly distributed the extra food to families that were short. In some cases, he even donated food to St. Anne's School to help cover the cost of tuition for his children when he had no other means of paying the fee. (SSA 1982 10.00, 94) (78.)

Distributing extra produce from gardens does not necessarily show leadership. The petitioner should demonstrate that Nazaire St. Francis's generosity stemmed from his responsibilities as as Abenaki community leader. Further, the petition states that Nazaire St. Francis gave the St. Anne's School (79.) vegetables when he was unable to afford to pay his children's tuition, but does not include information as to whether he ever contributed to the tuitions of children outside of his family.

Another interview indicates that St. Francis would sometimes intervene in domestic problems:

...He was broad-shouldered, thick set -- if he got his hands on you; you did what he wanted you to do. He was in a similar position to [Arthur] Gene Cote (1822-1937) [a claimed ancestor of some members of the group]. He lived farther down the street and he took care of his end. He'd take care of the lower section, like down where the Brows lived; more or less keeping the place law abiding. But if one of the boys stole chickens and got caught, then the law would come in, and there wasn't anything we could do. (Wells, Bob and Alma, 1982.03.18, 9)

This description suggests these men were able to assert some limited authority over some people outside their nuclear families, possibly due to the force of their personalities. However, another quote also indicates that this community authority was not limited to these two men:
FOOTNOTES:
78. An outsider is quoted in Wiseman's The Voice of the Dawn as saying "I remember when I was a kid; we had a (Indian) Chief in town" (Gravel quoted in Wiseman 2001, 144). Wiseman tentatively identifies the "chief' as Nazaire St. Francis (Wiseman 2001, 145). However, the quote does not include the name of the man remembered as "chief," nor does it include a description of his activities. The quote also does not include an explanation of what led the man to believe that the man he remembered was actually a "chief."

79. St. Anne's Catholic School opened in 187 (http://www.swantonhistoricalsociety.org/, 7), and was staffed predominantly by French and French-Canadian nuns from the Sisters of the Holy Ghost in 1930 (1930 US Census). No other information about the school has been submitted by the petitioner, including information on which of the St. Francis children were supposed to have attended the school, or information of how many other people ancestral to the group attended the school.

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Well, if there were any big, big problems, the law would take care of Now, if you lived on Gene Cote's street and you beat your wife or something, Gene would Step in and shake you up and give you hell, and talk to you. And you might go out 3 houses down from you to somebody who was out of line, and do the same thing. (Fells, Bob and Alma, 1982.03.18, 9)

This quote indicates that the area was, in some ways, responsible for policing itself. If anyone behaved in an unacceptable fashion, then another person (not just Cote or St. Francis) could intervene and attempt to discipline him or her. The statement also does not indicate whether Cote and St. Francis intervened only in disputes between the petitioner's purported ancestors, or if they involved themselves in the affairs of all residents of the area. The statement also makes the point that external authorities handled "big" issues, although the interview does not indicate what some of those issues might have been (other than stealing chickens). These quotations do not indicate that these men intervened with formal authorities on behalf of those who had committed a "big" crime, or that formal authorities turned to these men to resolve particular issues in their area. The petitioner may wish to discuss specific conflicts (either between its claimed ancestors or between its claimed ancestors and other individuals living in the area) which may have been mediated by Cote or St. Francis, and describe how these disputes were settled.

The petitioner has also made the argument that Cordella (Freemore) Brow was a popular midwife and informal leader who was also responsible for the recording of 20 children as "Indian-White" in town records from 1900 to 1920. However, a review of the actual birth records submitted by the State does not support this assertion (see criterion 83.7(b) for a discussion of this topic). The petitioner may wish to present additional evidence of Mrs. Brow's leadership.

Informal Meetings

The petitioner argues that, in the years before the development of the group's council, some members began holding informal meetings around various members' kitchen tables (SSA 1982. 10.00 Petition, 104). Although the petitioner has provided some names of participants and a description of some of the topics discussed after 1972 (Wiseman 2001, 153), the earlier years lack detail. The petitioner should include descriptions of any pre-1972 meetings, including when they occurred, the names of the people hosting the meetings, the names of people attending, and the topics discussed.

During this time, the group also maintains that people known as "backstops" or "mouthpieces" served as representatives from the various family groups. The group should provide the names of these people, give more specific examples of the duties they performed, the dates when they served, and how they came to occupy these positions.

The Vermont Eugenics Survey

As was discussed under criterion 83.7(b), the VES followed various "deficient" families and individuals, particularly those who had been institutionalized or involved with the criminal

 

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justice system. The petitioner maintains that some families ancestral to the petitioner had been identified by the survey, and argues that the sterilizations which later occurred under the auspices of the State Welfare Department were an attempt to destroy the group because of its members' Native-American ancestry. (80.) However, the petitioner has not presented evidence that any member or members of the community protested the actions of the Survey, or expressed concern regarding its aims. There is no evidence in oral interviews or other documents to support the petitioner's claims.

The Iroquois Land Claims, 1951-1953 (81.)

On April 19,1951, two Canadian Iroquois chiefs from the Two Mountains Reserve in Quebec appeared before the Vermont legislature and presented a claim for $89,000 for land in the northwestern portion of the state, including Franklin, Grand Isle, Chittenden, Addison, and part of Rutland counties (Burlington Free Press 1951.04.19, npn). Gordon Day wrote to Charles Adams, head of a special State commission appointed to investigate Iroquois land claims in northern Vermont, informing him that the St. Francis Indians living in Odanak were the only true heirs to the Abenaki" who had once resided in Vermont. He added, more aggressive claims by Iroquoian groups should not prejudice any claim which the St. Francis Abenakis may have" (Day 1952.12.28, 1).

In 1958, the Iroquois returned to Vermont to continue to press their case. This time, 17 representatives and 200 members from the Caughnawaga, St. Regis, and Oka reserves traveled to Vermont to lobby the legislature. Their lawyer, Roland Stevens, stated that they hoped to gain a settlement of as much as $4 million dollars. The group also planned to erect dwellings on the lawn in front of the State legislature and to perform various dances for the public (Daily Messenger 1958.04.08, A12). (82.) No further evidence was submitted regarding the outcome of the Iroquois claims to land in northwestern Vermont.

Throughout the entire 1950's, there is no available evidence to demonstrate that the petitioner's ancestors protested the claims activities of the Iroquois or joined the lawsuits they filed. No one, including Gordon Day, described any Vermont Abenaki entity living in one of the counties named in the lawsuit. Day, in fact, instead identified the residents of Canada's Odanak reserve as the rightful claimants to the Vermont territory claimed by the Iroquois. The petitioner has provided no evidence of any objections made by a resident group of "Abenaki" in Vermont.
FOOTNOTES:
80. As was stated under the discussion of the subject under criterion 83.7(b), there are no available records documenting who was sterilized, only figures identifying how many people were sterilized.

81. Evidence regarding the Iroquois land claims was submitted by the State; the petitioner submitted no evidence regarding these claims.

82. Squires, in her 1996 thesis, attributed the presence of wigwams on the lawn of the State capitol to the activism of the St. Francis family protesting the State's decision to take the Missisquoi delta as a wildlife refuge (Squires 1996, 61). Yet, there is no available evidence of participation by the St. Francis family or any other families from the petitioning group in the land claims activities of the 1950's; further, there are no available newspaper accounts or other accounts of protests launched by the petitioning group against the establishment of the Missisquoi wildlife refuge.

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Leadership, 1960-1975

According to Wiseman, the "council" that the group organized in 1975 was an evolution of a number of informal meetings that had been taking place (Wiseman 2001, 152). Wiseman identified individuals such as `'Wayne Hoague (unknown), Kew Ouimette (unknown), Richard Phillips (1937-unknown), Robert Wells (1922-after 1983), and Homer St. Francis (1935-2001) as participating in these meetings. However, the group has not included interviews or other information detailing when these meetings took place or what specific topics were discussed. The petitioner is encouraged to provide considerably more details of these informal meetings, including when they occurred, who attended, what topics were discussed, and what (if any) actions were taken as a result of the discussions.

Leadership, 1975-2005

The petitioner has presented considerable documentation regarding the group's political activities after the early 1970's. Documentation submitted by the group includes, but is not limited to, minutes from the ASHAI, group council minutes, newspaper articles, scholarly monographs, court documents, and correspondence between the group's representatives and various government officials and agencies. The State has submitted documentation including, but not limited to, newspaper articles, court documents, and scholarly monographs.

ASHAI and the Abenaki Council

Petitioner researcher Frederick Wiseman asserts that the formation of the "Tribal Council" was an outgrowth of informal meetings which had taken place in previous years. However, documentation included in the petition narrative and in support of the petition indicates that the real catalyst in the organization of the group was Ronnie Cannes, who worked for the Boston Indian Council in the early 1970's. Cannes came to Vermont to establish an Indian Manpower Office and to take a census of Indians in Vermont. (83.) Before the early 1970's, there is no available evidence that Cannes had ever met or associated with members of the Swanton group. Cannes is cited in the 1982 petition as providing a "vision of organization and social action" (SSA 1982. 10.00 Petition, 105), and encouraging the group to organize itself into a council." The body that was formed appears to have been the Abenaki Self-Help Association, Inc. According to documents submitted by the petitioner, ASHAI was established in 1975 (ASHAI 1984.00.00, 2), and there is some indication that ASHAI served as the group's governing body. For example, Cannes testified at a hearing of the American Indian Policy Review Commission Task Force Hearing on Non-Federally Recognized and Terminated Indians in 1976 and was introduced as a representative of the "Abenaki Tribal Council" (AIPRC 1976.04.09). The "Abenaki Tribal Council," was not formed until late 1976 or 1977 (Abenaki Tribal Council 1977.00.00, 1).

83. Although the 1982 petition referred to Cannes as "a young Abenaki from St. Johnsbury," the 2005 membership list includes Cannes in the "3" category ("Needs More Information").
FOOTNOTES:
84. Wiseman, however, does not mention Cannes or the Boston Indian Council in his discussion of the origins of the group's council (Wiseman 2001, 151-60).

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The first chairman of ASHAI, Wayne Hoague, served only a few months before he resigned... The reason or reasons for his resignation are not entirely clear, but Hoague may have objected to actions taken by some members of the group to "reclaim" the land where a monument erected in honor of the first Jesuit mission to the Abenakis stood (SSA 1982.1 0.00 Petition, 105). Other information indicates Hoague was also unhappy with the actions of council members Homer St. Francis, Ronnie Cannes, and Kent Ouimette, particularly the filing of harassment charges against the police with Cannes acting as the "Attorney General" for the group (Abenaki Council Ex-Member 1997.01.17, 1). Upon his resignation, Homer St. Francis assumed the position of Chairmen, (85.) and when the group formed the actual "Abenaki Tribal Council" in late 1976; St. Francis was the first leader listed in 1977.

The petition contains copies of ASHAI minutes from 1978 to 1984, and then again from 2001 to 2005, a total of 10 years. However, the information submitted by the petitioner includes only a portion of the organization's minutes. The group submitted some minutes from 1978 to 1984, but submitted no minutes for the following 17 years. It did submit additional minutes for the post-2001 period, when the ASHAI board began to hold joint meetings with the group's governing body. Further, the minutes of the organization from 1978 until 1984 have the participant's names blacked out. Other minutes have entire paragraphs blacked out, making it impossible to know what the group was discussing. Newspaper accounts and letters written to BAR during this 17-year period indicate that various activities were taking place during this time, so it does not appear that the group was dormant. The lack of 17 years of minutes is problematic in that the petitioner has given no explanation as to whether they were lost, stolen, or destroyed. If minutes were not kept during this time, the petitioner has not explained why. The petitioner should include as many copies of ASHAI minutes as it has, or include an explanation as to why the information is unavailable. Further, the group should also submit uncensored copies of the 1978 to 1984 records.

The petition also contains copies of the council minutes, but they are likewise incomplete. Copies of minutes were submitted for 1976 to 1984, and then from 1996 to 2005, a total of 17 years. However, no minutes were submitted for 1985 to 1996, a period of 11 years. As is the case for the ASHAI minutes, there is no explanation given for the absence of these minutes. Some minutes also indicate that sign-in sheets were attached to the minutes, but these were not included in the petition. As with the ASHAI minutes, the group should submit any additional minutes, and explain the absence of the other records.

Participation in SSA Elections

Article IV of the group's current constitution (ratified in 1996) provides for the election of a council. Few of the minutes contain actual vote tallies, particularly in the period after 1997. (86.)
FOOTNOTES:
85. Although the group submitted ASHAI minutes from two 1977 meetings and two 1978 meetings, the list of the ASHAI board of directors ( 1975-1984) submitted by the petitioner contains no list of directors for either 1977 or 1978 (ASHAI 1984.00.00, 1-2).

86. Minutes submitted between 1977 and 1984 have large amounts of information blacked out and do riot appear to contain any references to elections; there are no minutes for the period from' 1985 to 1996. References to elections held during that period of time are taken from newspaper accounts.

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For example, minutes from the group's September 27, 1998, general meeting includes the information that 14 people were in attendance, but does not say whether those 14 included the people who were already serving on the council, or if all 14 of those people were eligible to vote. Nominations were made for members to serve on the ASHAI board and oil the group's governing body, but instead of ballots being cast, the minutes Indicate that "...the (Chief cast one ballot, to elect Tribal Council and ASHAl board of directors by acclamation" (SSA 1998.09.27, 1). Further, the minutes read as follows: "We don't have to have all election. You are all now all Tribal Council and ASHAI board of directors... "(SSA 1998.09.27, 1).

Other minutes submitted by the group also show that participation by group members in elections is low.

 

SEE DOCUMENT IMAGE FOR DETAILS

Fig. 1

SSA General Meeting Attendance and Election

 

*Records do not indicate if this figure includes sitting council members

The low rate of participation in the group's elections demonstrates that a bilateral relationship between the group's leadership and the broader membership does not exist. The lack of many years' worth of minutes and the redaction of others also makes it extremely difficult to tell who attended meetings, what issues were discussed, and whether leadership actions reflected the concerns of the whole group. The lack of sign-in sheets for many of the minutes also makes it impossible to know if the people attending were drawn broadly from a number of families across the membership, or if they constituted only a narrow portion of the membership. The petitioner should submit more evidence demonstrating that the programs and issues addressed by the leadership are actually important to the group as a whole.

The Role of the St. Francis Family

Without doubt, the single most active family among the group's membership since the 1970's has been (and continues to be) the St. Francis family. The St. Francis family's presence in Swanton dates to the 1860's when Mitchell St. Francis (1841-1918) moved to Swanton from

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Canada. Certain members of the family also believe that they are direct descendants of Grey Lock, the Woronoke warrior who became a chief of the Abenakis during the 18th Century; although no documentary evidence has been Submitted to support this claim. Mitchell St. Francis fathered a large family, and then later the grandfather of numerous descendants when his children had equally large families. His son Nazalre (1868-1936) and grandson Nazaire Jr. (1890-1960) were both identified by the petitioner as informal leaders In the "Back..Bay" area during the late 19th and early 20th centuries.

During the formation of the petitioner's organization in the early 1970's, Mitchell's great-grandson Homer St. Francis (1935-2001) became the most outspoken and confrontational member of the group, eventually becoming "Grand Chief." He was the group's first "Chief" and served from 1977 until 1980, when he was sentenced to jail after being convicted for breaching the peace. He was defeated in subsequent elections by Leonard "Blackie" Lampman (19221987), a man from another large Swanton family, and was narrowly re-elected to the position in 1987 after Lampman's death (Daley 1987.09.13). In 1995, he led a successful drive to change the group's constitution to make the position of "Chief' a lifetime appointment limited to members of his family, a move that many in the group disagreed with and which contributed to a split within the group (Walsh 1995.11.07) (87.) When he became too ill to handle the daily responsibilities of the group, he named his daughter "Acting Chief" and then became the "Grand Chief." He remained in this position until his death in 2002, and his daughter April (St. Francis) Merrill currently serves as "Chief." Two of St. Francis's sons served on the group's governing body with their father and sister for many years, as did a number of nieces and nephews.

St. Francis was not without his critics, both inside and outside the group. A newspaper report from 1979 indicates that there was already some splintering of the group, with the formation of the (seemingly short-lived) "Missisquoi Band" after a disputed election in which allegations of ballot-tampering were made (Abbey 1979.00.00:1). According to the article, St. Francis's "authoritarian style" and his disregard for the opinions of others led to the formation of the breakaway group. This would not be the last time that a portion of the group split away from the main body nor would it be the last time that St. Francis's leadership was cited as the reason. Nevertheless, he inspired fierce loyalty in many members, who appreciated his aggressiveness in pursuing various claims against the State of Vermont. St. Francis was often described as "militant" (New York Times 1987.09.13) when dealing with the larger community, and made various threats against local residents and authorities, including threatening to set fire to the home of the State's attorney for Franklin County (New York Times 1988.10.02). He proposed actions such as issuing the group's own license plates, and claimed jurisdiction over the Missisquoi Wildlife Reserve. He was also active in the "fish-ins" field by the group in the 1970s and 1980s to protest State fishing and hunting licensing requirements for SSA members. (88.) His
FOOTNOTES:
87. Approximately 70 former SSA members formed the "Traditional Abenaki of Mazipskwik and Related Bands" in 1995, in response to what they considered the "dictatorial" attitude of Homer St. Francis and the monopolization of the group by his family members (Anonymous 1995.10.30). This group has not petitioned for Federal acknowledgment.

88. Wiseman claims that the first "fish-in" took place on April 19, 1974 (Wiseman 2001, 154), but no documentation included in the petition contains information about that event. The first date given for a "fish-in" within the submitted documentation is 1979.

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"militancy" continued throughout his leadership, and although no violent incidents are recorded as having taken place due to his instigation, newspaper articles indicate that some residents of the Swanton area were wary of him and the group as a whole.

The Role of the Lampman Family

In the years between 1980 and 1986, Leonard "Blackie" Lampman (1922-1987) served as the group's "chief" and on the ASHAI board of directors. The Lampman's were, like the St. Francises, a large family with roots in the area going back to the late l9th century. "Blackie" Lampman was not as confrontational as Homer St. Francis, and under his leadership, the group began to pursue social and educational opportunities, as well as preparing its petition for Federal acknowledgment. (89.)

After Lampman's death in 1986, his son Lester Lampman lost an election to Homer St. Francis by three votes, 144-141 (Daley 1987.09.13, 1)." This close election was contested, but St. Francis refused to hold another election. Bank accounts for ASHAI were frozen because local banks were unable to determine who had the authority to make decisions for the group (Daley 1988.01.07). A judge ordered that the ASHAI board of directors hold another election, and 298 members voted, electing a slate of candidates supportive of St. Francis (Daley 1988.01.11). The Lampman family was largely removed from positions of authority, although some members did serve on the group's council. In 1995, the group revised its constitution to make St. Francis leader for life, essentially keeping the position of "chief' within the St. Francis family. (91.)

After the mid-1990's, the Lampman family's role is less clear. There is some indication that a few members remained involved with the group, but minutes provided by the group also suggest there was considerable friction between the group in power (many of whom were St. Francis supporters) and those who backed the Lampman family. Wiseman indicates that some Lampman family members were involved with the Missisquol Health Center and the Title V Indian Education Office during the late 1990's, but no other information about participation in the group has been included in the submission (Wiseman 2001, 185). Minutes from one 1998 meeting show that several members of the family attended a meeting and at least one stated her Louise May (nee: Lampman)Larivee intention (as well as that of her family members) to withdraw from the group (SSA 1998.04.19, 2). At the same meeting, some members moved to have this person and her "supporters" removed from the group's rolls, although the minutes did not include the names of the people to
FOOTNOTES:
89. Wiseman maintains that the group established a Section 8 Low-Income Housing project called "Abenaki Acres" in 1982 (Wiseman 2001, 159). However, minutes submitted from ASHAI and the Council from 1981 and 1982 include no mention of "Abenaki Acres," and there are no newspaper articles discussing the establishment of the Housing project. The petitioner should include more specific information regarding the development of this project.

90. The 1982 petition narrative indicated that the petitioner had 935 adult members, presumably all eligible to vote.

91. According to Wiseman, at least two Lampman family members on the council signed the ratification of the constitution (Wiseman 2001, 170); however, the petition includes no council minutes between 1984 and February 1996. All vote totals reported have been taken from contemporary newspaper reports.

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be removed (SSA 1998.04.19, 4). (92.) Whether they withdrew or were removed, members of the Lampman family do not appear to be as active in the group as they had been in earlier years.

Political Issues Involving the SSA

Although the group did not formally organize until the 1970's, it immediately confronted the State, particularly regarding hunting and fishing rights. The group engaged in at least three "fish-ins," in 1979, 1983, and 1987. This last fish-in resulted in a court case, in which the State court ruled that, although "Indian Country" did not exist in Vermont, aboriginal hunting and fishing rights had not been relinquished (Vermont District Court 1989.00.00). (93.) However, a subsequent decision ruled that all aboriginal title in Vermont had been extinguished when the territory became a state (Vermont Supreme Court 1992.06.12). Afterwards, the group's leaders continued to deliberate further pursuing land claims action, but the petition submission contains no indication that any were filed.

In addition to the "fish-ins," the group also made other political statements. For a time, the group issued its own license plates, in defiance of State licensing laws. Some members reportedly used these plates without incident, while others are reported to have had their cars impounded or otherwise suffered police harassment (Wiseman 2001, 163). The group should submit documentation, such as police records, demonstrating which members took part in this action and who may have been targeted by the police. The group also made a claim to the land at the Missisquoi Wildlife Refuge (St. Francis 1988.06.13), and staged patrols there during the Federal Government shutdown in 1995 (Indian Country Today 1995.11.23 Refuge). Details of these actions, such as the names of those who participated, might demonstrated the ability "...to mobilize significant numbers of members and significant resources for group purposes," as defined under criterion 83.7(c)(1)(i). The petitioner is encouraged to submit any additional information regarding these events, including additional interviews with people who took part in these political actions. Documentation, such as sign-in sheets from the particular actions, would also demonstrate who was taking part in these activities.

The petitioner should submit an analysis of member participation to demonstrate that decisions being made by the group's council actually show a bilateral relationship between the leadership and the members. The group should demonstrate that the issues deemed important by the council were also important to the membership as a whole, and that the leadership is responsive to the concerns of the members. Information such as attendance lists from meetings, lists of participants in events such as the "fish-ins," and a list of those who attended the wildlife refuge "patrols" during the governmental shut-down might be helpful in determining who was participating in actions promoted by the leadership.
FOOTNOTES:
92. Although text in the minutes indicates that a sign-in sheet had been filled out at the meeting, it was not included in the petition submission.

93. In the prosecution of this case, the assistant Attorney General (AG) of the State requested the group's membership roll from the BAR, the precursor to the present SOFA (Eschew 1988.09.22, 1). BAR provided this roll to Vermont because it was requested by a State in the prosecution of a criminal charge (Elbert 1988.10.19, 1). At SSA's request (St. Francis 1989.01.11), BAR returned the roll and certain other documents to the group, but stressed that these documents should be resubmitted as soon as possible (Johnson 1989.02.23, 1). For more information on this series of events, see the Administrative History.

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Conclusion

The available evidence does not demonstrate the current petitioner or its claimed ancestral family lines descended socially as a group from any Western Abenakl tribe either in Quebec or Vermont. Thus, evidence of political activity from Western Abenaki chiefs like Grey Lock and Joseph-Louis Gill (or the unknown "chiefs" identified as the late husband of a widow named "Charlotte") during the colonial period does not demonstrate political influence among the group's claimed ancestors. The petitioner has not provided evidence of what its to exercise political influence before specific claimed ancestors were doing as a group to exercise political influence 1800 and is encouraged to do so. The evidence presented for the 19th century is also inadequate. The petitioner has not submitted evidence to demonstrate what its claimed ancestors were doing as a group from 1800 to 1875 to exercise political influenced or authority. For the period from 1875 to 1900, the petitioner has presented insufficient evidence to demonstrate that Nazaire St. Frances and Cordelia (Freemore) Brow served as informal leaders of a community of its claimed ancestors. The petitioner is encouraged to review the requirements of criterion 83.7 (c) and to submit evidence that its claimed ancestors maintained political influence or authority over each other- as an autonomous entity during this period.

For the first 75 years of the 20th century, the petitioner has presented little evidence demonstrating informal leadership among any group of the petitioner's claimed ancestors. Information describing Nazaire St. Francis, Jr., 'Gene' Cote, and Cordelia (Freemore) Brow as informal leaders must be supplemented with additional information if the petitioner wishes to substantiate its claims. To satisfy the criterion, the petitioner must submit more evidence of an individual's influence over members of the population; further, the petitioner must demonstrate that his or her authority extend, beyond members of his or her immediate (and even extended) family. The petitioner may also wish to provide additional information regarding the political activities of the group as they related to the Vermont Eugenics Survey or to the land claims of the Iroquois. The petitioner is encouraged to seek any information on relationships between the people whom petitioner identifies as leaders and external authorities such as law enforcement officers and school officials, which may provide additional insight into political relationships among the petitioner's claimed ancestors. The petitioner has not demonstrated informal or formal political authority among the group or its claimed ancestors at any time before 1975, and therefore it does not satisfy the requirement for 83.7(c) for this time period.

During the 1970s, the SSA became an active political organization. Under the leadership of Homer St. Francis and Leonard Lampman, the group began its petition for Federal acknowledgment, instituted some social and cultural programs, and engaged the State in a number of legal battles. However, the petition lacks evidence to demonstrate that participation in the group's political processes was widespread across the membership of the group. The lack of sign-in sheets and named participants is especially problematic because it is impossible to demonstrate who exactly was involved in the group's various meetings. Further, the lack of 17 years of ASHAI minutes and 11 years of council meetings (and the submission of redacted ASHAI and council minutes spanning 8 and 9 years respectively) also makes it difficult to understand what issues were important to the group and who was participating in the group's political organization. The petitioner has not demonstrated that the organization formed after 1975 has a bilateral relationship between the membership and the elected (or appointed)

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governing body. Rather, the evidence indicates that political influence is limited to the actions of a few group members pursuing an agenda with little input from the membership. Therefore, tile petitioner has not satisfied the requirement to 83.7(c) from 1975 to the present.

To rectify these deficiencies, the petitioner should include copies of the documents cited m the finding, Including the missing minutes, sign-in sheets, and lists of participants in activities such as the "fish-ins." The group should also submit other documentation, such as interviews, which describe issues of importance to the group, including discussions of conflict (particularly during the years for which the petitioner has not submitted any meeting minutes), and how those issues were addressed or resolved. There should also be, to the extent possible, an effort to link membership to participation in group political activities.