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Tuesday, October 19, 2010

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 97 to 108:

St. Francis/ Sokoki Band of Vermont Abenakis:
Proposed Finding - Summary Under the Criteria
Page 97
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
St. Francis/ Sokoki Band of Vermont Abenakis:
Proposed Finding - Summary Under the Criteria
Page 98
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.
St. Francis/ Sokoki Band of Vermont Abenakis:
Proposed Finding - Summery Under the Criteria
Page 99
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
 
St. Francis/ Sokoki Band of Vermont Abenakis:
Proposed Finding - Summary Under the Criteria
Page 100
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.
St. Francis/ Sokoki Band of Vermont Abenaki:
Proposed Finding - Summary Under the Criteria
Page 101
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).
St. Francis/ Sokoki Band of Vermont Abenakis:
Proposed Finding - Summary Under the Criteria
Page 102
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.
St. Francis/ Sokoki Band of Vermont Abenakis:
Proposed Finding - Summary Under the Criteria
Page 103
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
St. Francis/ Sokoki Band of Vermont Abenakis:
Proposed Finding - Summary Under the Criteria
Page 104
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.
St. Francis/ Sokoki Band of Vermont Abenakis:
Proposed Finding - Summary Under the Criteria
Page 105
"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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Proposed Finding - Summary Under the Criteria
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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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Proposed Finding - Summary Under the Criteria
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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.

Monday, October 18, 2010

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 85 to 96:

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worked with the University of Vermont (UVM) to have some skeletal remains and grave objects held by the University returned and reburied, as well as excavating another archaeological site on Swanton's Monument Road. Minutes submitted by the petitioner include descriptions of Harvest Suppers attended by group members, and the start of "Operation Santa Claus," a program which distributes Christmas gifts to children. The group also obtained funding to move to a new headquarters and open a small cultural museum. It also purchased a parcel of land called Brunswick Springs. (71.) In 2004, the group produced a pageant (later made into a videotaped presentation) entitled Apciwi Bezegatag (Against the Darkness), which purports to demonstrate seven generations of the SSA community in Vermont from the 1790's to the present.

In addition to the "council" started in them early 1970's, the petitioner also instituted an organization called the Abenaki Self-Help Association, Incorporated in 1975. This group became very active applying for grants to provide services such as adult education and youth counseling (ASHAI Minutes 1978.02.02). It has continued to be active until the present, providing services such as a food pantry and tax form preparation assistance. However, the information submitted by the petitioner includes only a portion of the organization's minutes. The organization, which uses the term "Incorporated," in its title, has not submitted articles of incorporation or by-laws. The group submitted minutes from 1978 to 1984, but then submitted no minutes covering the next 17 years. When the ASHAI council began to hold joint meetings with the group's governing body in 2001, additional minutes were then submitted. (72.) Further, the minutes of the organization from 1978 until 1984 have all the participant's names blacked out. Other minutes have entire paragraphs blacked out, making it impossible to know what the group was discussing or who was being helped by this organization during this period. This information is important in determining how the group was constituted during this period. The petitioner has included no explanation as to why the minutes were not included, whether they were lost, stolen, destroyed, or if they ever existed in the first place. Tile petitioner should include its charter, articles of incorporation, and any other information relating to the establishment and functioning of the organization. To demonstrate the importance of the ASHAI organization to the group, the petitioner also should include as many copies of available ASHAI minutes, or provide some explanation as to why the information is unavailable. Further, the group should also submit uncensored copies of the 1978 to 1984 records.

Relations Between the Petitioner and Odanak

In the early 1970's, the SSA made overtures to the leadership of the Odanak reservation in Canada. Before this time, there is no available evidence demonstrating any contact between the two groups. In 1976, the council of Odanak passed a resolution acknowledging the group and
FOOTNOTES:
71. Brunswick Springs apparently was acquired by the group at some point in the mid-1990's (the actual date of acquisition is not included in the petition, but it is mentioned in the group's minuses in 1996). It is located in the town of Brunswick, Vermont, approximately 70 miles east of Swanton on the New Hampshire border. The spring is described in subsequent documents as "sacred," but there is no mention of this spring in any documentation submitted in the petition before the 1990's. In 2004, the land was sold to the Vermont Land Trust, which will prohibit any future development on the site (http://www.vermonter.com/

72. Additionally, eleven years' worth of the group's council minutes (1985- 1996) have not been submitted to OFA. The group has not explained the absence of these minutes.
 
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requesting that Vermont honor its land claims and hunting and fishing rights (Abenaki of Odanak and Becancour 1976.08.20, 1). A 1977 resolution is also mentioned in the petition, but no copy of it was included in the submission. Documentation in the petition indicates that there may have been some correspondence between the governing bodies of both groups after 1977, but it does not appear to have been on a regular basis. There are some examples of cultural activities, such as the formation of a dance group, involving members from both the SSA and Odanak (Vermont Folklife Center 1997.00.00, 15), but these activities did not occur until the 1980's and 1990's.

In the 1990's the SSA participated in the repatriation of certain skeletal materials found in 1973 at a site on Monument Road, an area of Swanton where many of the petitioner's families either live or had lived. The group eventually obtained the remains from the University of Vermont and, in partnership with the State and local historic preservation societies, purchased land to rebury the remains (Thompson 1996.09.27). Although Gilles O'Bomsawin, as president of the "Grand Council of the Waban-Aki Nation," wrote a 1999 letter of support for the repatriation of the remains to the Vermont group, a 2003 letter from the council of Odanak to the State of Vermont's "Division for Historical Preservation" appears to be evidence of a shift in attitude. This letter, submitted by the State, was accompanied by a copy of a 2003 resolution by the governing body of Odanak and Wolinak, which rescinded its recognition of ... "any organizations claiming to be First Nations in the United States or Canada, with the exceptions of our brothers and sisters at Wolinak and Penobscot" (Abenaki of Odanak and Wolinak 2003.09.29, npn). In this same resolution, the group stated the following:

While we recognize that the Band Councils of Odanak and Wolinak [the Abenaki name for the Canadian reservation previously referred to as "Becancour"] issued resolutions in 1976 and 1977 recognizing the St. Francis/Sokoki Band of Abenakis as a group of Abenakis living in the United States, we also recognize that these resolutions were not based on any genealogical or historical evidence linking these "St. Francis/ Sokoki" to our Abenaki and Sokoki ancestors. (Abenaki of Odanak and Wolinak 2003.09.29, npn)


In the letter accompanying the resolution, the same Gilles O'Bomsawin, now Chief of the Band Council of Odanak, also stated as follows:


We understand that your office [the Vermont Division for Historic Preservation] currently deals with an entity known as the "Abenaki Nation of Missisquoi," led by April St. Francis Rushlow. Please be advised that we have no knowledge of this organization's alledged [sic] connections to our ancestors. We knew nothing of them until the 1970's, and they have done nothing to prove their identity to us . . . Accordingly, we request that you no longer deal with this organization and instead begin to deal with us on all matters related to our ancestors and our cultural patrimony. (O'Bomsawin to Wadhams, 2003.09.02, npn)

The SSA appear to have received a copy of this letter, as the minutes of a 2003 meeting state "Chief showed Tribal council a letter Chief Gilles Obomsawin [sic] sent to State. Chief says she will call him tomorrow to find out why he sent this letter" (ATC and ASHAI 2003.10.06, 1).
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A subsequent letter from Gilles O'Bomasawin, dated April 4, 2005, makes no reference to the 2003 letter or the council resolution, and appears to be a response to a meeting between him and Ms. St. Francis-Merrill. The letter states as follows (all spelling, grammar, and punctuation sic).

We know our people, our members our descendant; so to me it still stands that someone who claims to be Abenaki from Odanak has to prove it. And also I, as Chief, have to respect the demands of our registered members who are not even reconized in Vermont ... so by that we have to be strict and hard, we have to Trove who we-are and who they the members are.


So by this my solution (may be) and I say may be the thing to do is try to unite with the Abenakis of Vermont by this I say not all the Wannabees that spring out of every bush... They are the ones who realy hurt you and I and the real members who have suffered ... A nation in Vermon did exists and still does.


By this I mean a nation of many clans, the bear, the Wolf, and so many more that formed the Wabanaki Confederacy. . : (OBomsawin 2005.04.04, 1-2).

Although the petitioner maintains that the April 4, 2005, letter should call into question the previous correspondence from Odanak submitted to OFA by the State of Vermont (SSA 2005.04.11, 4), the letter is actually very ambiguous. The letter did not include any mention of rescinding the 2003 council resolution, nor was the letter signed by any members of the 0danak council other than Gilles O'Bomsawin. The petitioner should submit other examples of its relationship with the governing body of Odanak if it wishes to clarify its relationship with the Canadian tribe.

Defining the Community

One of the most consistent problems with the SSA petition is the lack of a definition of community membership. Before the formal organization of the group in the early 1970s, the petitioner stated that it had never maintained any type of list of members because everyone in the community knew each other, making an official list unnecessary. Since no list of "Western Abenaki" had been compiled by any United States authority, (73.) the group chose to construct its membership based on the approval of prospective members by the group's governing body. When the group's first list was compiled, the membership criteria were apparently very open. Although certain "core" and "lesser" families were said to make up much of the membership, as many as one-third of the membership were described as people who claimed a separate Indian identity (there is no information regarding how these "claims" of Indian identity were vetted by the group). Some of these people had married into the group, while others had been drawn to the organization's activities (SSA 1982. 10.00 Petition, 117). Nevertheless, the group claimed in
FOOTNOTES:
73. The Canadian government did take several censuses of the St. Francis/Odanak reservation between 1850 and 1900, and also compiled other documents listing the residents of the reservation as well as those who had moved off the reservation. Several of these 19th century documents were submitted by the State. One census from 1875 (Recensement du Villages 1875: npn) names several families as "Absents aux Etats" (Absent in the States), but none of the petitioner's members have claimed descent from any of those particular St. Francis Abenaki families. The United States government does have records for the Penobscot, an Eastern Abenaki group in Maine.
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1982 to have a membership of 935 adults and 750 children under age 15 for a total of 1,685 members. Minutes submitted by the group from a 1982 meeting indicate that some people applying for "enfranchisement" were accepted and others rejected (SSA Minutes 1982.01.22, 1), but the minutes include no discussion of the reasons for these decisions. 'File membership list submitted with the petition in 1982, along with supplemental appendices and additional membership information submitted in 1986, was returned to the group in 1989 (BAR 1989.00.00 Abenaki Inventory), and was not resubmitted (see the "Administrative History" for a discussion of the return request for this information). The group has since indicated that it will not submit the 1975 or 1986 memberships rolls because "Some Tribal Members who were listed on the earlier Tribal Rolls adamantly refuse to allow their identity to be known...we assured those members that their names wouldn't be included in a list sent to the B.I.A" (St. Francis-Merrill to AS-IA 2005, 2). The petitioner's decision not to resubmit these rolls makes it nearly impossible to determine continuity for the group since 1975.

The next list submitted for examination was in 1995. It enumerated 1,248 members, 437 fewer members than the 1982 list. (74.) However, it is impossible to determine which members were removed from the group or if they withdrew voluntarily. There is also no means to determine who may have joined or left the group during the interim.

Information included in the petition indicates that the standards for membership became more formalized in the 1995 constitution, with a specific emphasis on being able to trace descent from  the 1765 Robinson's Lease. (75.) Although the lease had been regarded as an important document by the group, the 1995 constitution was the first time it was specifically mentioned as a source document for descent. However, other people who could not meet this particular standard were still able to qualify with the approval of the group's governing body.

The membership list received on May 13, 2005 (designated by OFA as "2005A") is the most confusing because it is divided into several sections. Minutes submitted by the petitioner indicate that before 1997 the membership had been divided into separate categories: "A1," "A2," and "3" (ATC Minutes 1997.08.12, 2). (76 .) The petitioner was asked to provide information clarifying these categories, and a letter received August 23, 2005, defined the "A1" group as members with complete membership files. According to the minutes submitted by the group, and confirmed by the petitioner's correspondence, "AI" members are the only members eligible to vote in the group's elections (ATC Minutes 1997.08.12, 2). The "A2" individuals are described as "Abenaki," but cannot vote until they complete their files as requested" (St. Francis
FOOTNOTES:
74. The petition actually listed 1,257 people, but included seven double-listings and one triple-listing. A total of 1,248 members were left after these redundancies were eliminated.

75. For more Information about the lease and for specific problems with the group using this standard to demonstrate descent, see criterion 83.7(e).

76. The original 2005 membership submission included 59 people in the category "M2" ("looking for more proof') and 30 in the category "0" ("Families with Descendants from Odanak"). According to the August 23, 2005, correspondence, these individuals are not members. There are also 113 people listed as "Not Abenaki" in the original 2005 submission, but there is no information regarding how these people were determined to be "Not Abenaki" (there was no information as to whether these people had once been considered members, or if they had applied for membership and been turned down).
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Merrill to AS-IA 2005, 1). The "3" individuals are described in the correspondence as people who "have applied for citizenship, but we do not know if they are Abenaki" (St. Francis-Merrill to AS-IA 2005; 1 ), and are therefore not members. The August 23, 2005, correspondences included a list (designated by OFA as "2005B") of "A1" members, and "A2" members. On 2005B, the group listed 1,171 "A1" members, both adults and children; the second list designated 1,335 adults and children as "A2" member However, there is no information in the submission clarifying how the "A2" members are able to participate in the group if they are ineligible to vote. The petitioner did not explain if the "A2" members are allowed to attend meetings even if they cannot vote. The petition did not detail if these individuals are permitted to participate in the various cultural programs established by the group, and, if they are permitted to attend, whether or not they actually participate. Additional documentation such as records from ASHAI might indicate who was being served by the organization, but few records have been submitted.

The lack of a consistent standard of membership and the difficulties in identifying members on the group's membership lists make it impossible to define what the petitioner means when it refers to "the community." No assumptions about the history of the group or its current membership can be made because of these inconsistencies. The petitioner should document changes in the composition of the group, such as submitting a list of people who have withdrawn voluntarily from the SSA and the date these withdrawals took place. The group should also -compile a list of people removed involuntarily from the group's roll, the date of removal, and the reason for the removal. Other information, such as captioned event photographs, sign-in sheets from group activities, or condolence books from funerals or guest books from weddings would further help to define the community and indicate the social relationships among the members of the group.

Conclusion, 1900-2005

The petitioner has not demonstrated that a distinct community of the petitioner's claimed ancestors existed in Franklin County, Vermont, and therefore does not satisfy the requirements for criterion 83.7(b) for any time since 1900. The lack of coherent membership information indicates a very amorphous group, with no clearly-defined, consistent standards for membership. Without this information, it is not possible to determine who was supposed to have been a member of this "group" before the 1970's. The petition also lacks the type of evidence which, in the absence of formal lists, would help to define the makeup of a community, such as lists of attendees at meetings or other gatherings, letters detailing interaction among people in religious or social organizations, or journals describing the participation by people in rituals such as baptisms, marriages, and funerals.

The information presented by the petitioner does not indicate the presence of a group or a community of the petitioner's claimed ancestors before the early 1970's; rather, it indicates only that some of the current petitioner's claimed ancestors lived in Franklin County (particularly in
FOOTNOTES:
77. The 2005 revised list ("2005 13") actually totaled 1,204 "A1" members and 1,335 "A2" members (these totals include children). However 33 of these members were also included on both the "AD" and "A2" lists. They were
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Swanton) during the 20th century. Information provided by the petitioner does not show that these claimed ancestors formed an "enclave" in the town of Swanton. Some claimed ancestors apparently lived on the streets defined as making up "Back Bay," but others lived elsewhere in the town. The petitioner has not demonstrated the existence of a distinct community within Swanton consisting of the petitioner's claimed ancestors, or that those claimed ancestors constituted a "community-within-a-communty" among the Catholic families in the town. The petitioner has also not demonstrated that assorted references to "Abenaki" Indians refer to its claimed ancestors, rather than to Abenaki from Maine or Canada who traveled to the area to hunt; fish, or sell crafts.

After the formal organization of the SSA in the early 1970's, the group became a somewhat more organized body, with an emphasis on providing services such as after-school programs and vocational training through ASHAI. The group has also introduced some elements of Western Abenaki and pan-Indian culture into its gatherings, sought to establish both political and social ties with the Canadian Abenaki of Odanak, and has actively tried to establish relations with other unrecognized groups and recognized Indian tribes. These developments notwithstanding, the group has not displayed a level of community that would meet criterion 83.7(b) for this period. The social and cultural elements are of recent introduction, and there is not enough information to indicate that these events are of more than symbolic value to the group as a whole, rather than to a few involved members. Although the group has arranged events that allow members of the group to congregate, the petitioner has not demonstrated that a significant portion of its membership regularly associate with each other. The lack of documentation also makes it difficult to determine who among the membership has participated in the group's various activities.

To rectify the many deficiencies in the petition, the group must submit more documentation to substantiate its claims. This documentation would include (but are not limited to) additional census records, minutes from the group's council and the ASHAI, captioned photographs, sign-in books, and other evidence of social gatherings. The group must also submit the vital records (birth certificates, death certificates, marriage records and the like) described in the petition to demonstrate descent, and copies of any other vital records that the group maintains demonstrate evidence of community (for example, copies of death certificates that indicate that a single person served as an informant for a number of people outside their families). Other records, such as baptismal certificates, might also help to demonstrate social connections among purported members of the community. Family journals and letters from the early 20th century might also help to clarify the membership and describe some of the activities of the petitioner's claimed ancestors before to the 1970s. Further, the group should provide further clarification of the various levels of membership described in the 2005 membership roll to determine the relationship between the "A1" and "A2" individuals and define how membership in the group is comprised.
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Criterion 83.7(c) requires that the petitioner has maintained political influence or authority over its members as an autonomous entity
from historical times until the present.

Introduction

Under the acknowledgment the regulations, a petitioner must be a distinct political body, able to exercise significant formal or informal influence over its members, who in turn influence the policies and actions of the leadership. The regulations do not require that political influence be exercised over all aspects of the lives of the members of a petitioning group. They do not require that the group influence people or governments outside of the group. Significant political relationships are more than those maintained in a social club or other voluntary organizations, in which leaders have authority over very limited aspects of an individual's life.

It must also be shown that there is a political connection between the membership and the action being taken. Groups that lack a bilateral political relationship between members and leaders would not meet criterion 83.7(c). Such a lack would be evident if a small group of people carry out actions or legal agreements affecting the economic interests of the group without much political process going on or without the awareness or consent of those affected.

The petitioner should demonstrate there exists now and has existed throughout its history a method of dealing with group problems and making group decisions. An analysis of the available evidence demonstrates the petitioner has not maintained political influence over its members throughout its history as an autonomous Indian entity.

The Petitioner's Claims and the State's Comments

The petitioner claims the group expressed political influence mainly through "family bands" before the formation of its council in the middle of the 1970's. In its 1982 submission, the group explained the political influence of these families during the colonial period:

It is a matter of speculation to what degree these families from Missisquoi constituted a distinct entity that superceded the autonomy of family hunting bands, especially in the Missisquoi region where natural abundance allowed families whatever autonomy they desired. Research on the social and political organization of Eastern Woodland Bands suggests that families acted independently and as separate groups whenever possible. Indeed, the independent family band was the normative pattern of social and political organization. (SSA 1982. 10.00 Petition, 159-160)

Apparently, named political leaders within this political system were necessary only when dealing with non-Indians or their government officials. Regarding the post-colonial period, the petitioner claimed:
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Once Abenaki families realized that the wave of settlement at Missisquoi was unstoppable, and that traditional lands would be lost, they stopped dealing with the Anglo-American authorities ... and learne to live in the context of the newly developing society, maintaining the traditional organization of the extended family band. While the role of the political "head" for external dealings became unnecessary, the role of leadership and influence in families and neighborhoods continued. (SSA 1982. 10.00 Petition, 161)

In its response, the State countered the petitioner's claims:

The petitioner has not submitted evidence of political authority or a political organization governing an Abenaki tribe in Vermont from 1800 to 1974. There is a glaring example of the lack of political authority in the 1950's when Caughnawaga Mohawks laid claim to land in Vermont. While a political organization was created in 1974, it appeared to be a separate organization from whatever might have existed in the eighteenth century. As discussed under Criteria (b) and (e), there is no significant overlap of individuals and their descendants between the eighteenth century tribe and the group created in the 1970's. (VER 2002.12.00-2003.01.00 [Response], 160)

Evidence for Political Influence, 1600-1900

Leadership during the 17th and 18th Centuries

The petitioner's contention that independent family bands rather than formal leaders or "chiefs" were the center of political influence for Western Abenakis was not shared by Gordon Day, the leading authority on the tribe. Day defined the Western Abenaki social organization during the colonial period in this way:

Western Abenaki society was patrilineal. The basic unit was the household, one to several nuclear families of the same patrilineage living together in one long bark house. The formal unit was a patrilineal totemic descent group regarded as the descendants of a remote male ancestor, not of the totem animal, together with their wives and children. The tribe was denoted "all the households together." (Day 1978a, 156)

But regarding its political organization, he explained as follows:

Each Western Abenaki nation had a civil chief and a war chief. A chief was selected for outstanding ability and installed in a chief-making ceremony in which he received a new name. His influence was considerable because of his prestige and personal powers, but the extent of his absolute authority is uncertain. Chiefs held office for life unless they were deposed for bad behavior. The civil chief usually presided at the Great Council of the nation, which was composed of the war chief and the elders of the several families. At Saint Francis [Odanak] the council consisted, by the eighteenth century, of a grand chief and several chiefs,
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probably as an accommodation to the diverse elements that had come together there. (Day 1978a, 156)

The names and political activities of most of these chiefs are not well known. Historical records reveal two well-documented political figures among the Western Abenaki before 1800 -- Grey Lock and Joseph-Louis Gill. Colin Calloway described Grey Lock as the leader of a group of Indian warriors fighting the Massachusetts militia during Dummer's War in the 1720's. He became the "leader of the Missisquoi Indians at the northern end of Lake Champlain," and the "arch enemy" of the colony "in the western theater of the war" (Calloway 1987, 212-214). Yet, Grey Lock was actually a Woronoke Indian from western Massachusetts. He had fled his home territory during King Phillip's War, finding his way to the Lake Champlain region by the 1720's, where he "attracted a following of refugee warriors, including discontented Schaghticoke, who were determined to resist English expansion" (Calloway 1987, 214). He had his headquarters "on a small creek some distance from the main village and fields at Missisquoi," where this "encampment of warriors" drew "on the main village for manpower" (Calloway 1987, 214). This elusive Indian chief and his fellow warriors conducted a fairly successful guerilla war against the colonists throughout most of the 1720's. But he did not participate in the 1727 peace treaty, and disappears from English records after the war. He may be the Jean-Pierre, father of the Jean-Baptiste, whose name appeared in a 1740 baptism record from the registers of Fort Saint-Frederic. His death date is unknown, but he may have died between 1744 and 1753. The names of most of his fellow warriors also remain unknown (Calloway 1987, 224; Day 1965, 265-266).

Joseph-Louis Gill was known as the "white chief of St. Francis." He was the son of two white captives of the Abenakis, a man named Samuel Gill, taken prisoner in 1697, and a woman called "Miss James," kidnapped some time later. The two captives married around 1715, and the tribe adopted them and their resulting seven children, who were raised as Roman Catholic Abenaki. Some of this captive couple's children eventually married Indians, including Joseph, their second child and first son. Joseph-Louis Gill was elected sagamore of the Abenaki in the late 1740's, after taking part in a campaign with the French against the Miami Indians. As sagamore, he participated as a military leader against the British in both the French and Indian War and the American Revolution (Huden 1956b, 199-207; 1956c, 337-347). He died in 1798.

A 1765 colonial document (with transcription), in English, submitted by the petitioner and commonly known as "Robertson's Lease," names 10 individuals as grantors of land to one James Robertson for a lease of 91 years (Robertson 1765.05.28). Although no chief is specifically named in this document, a woman named Charlotte [no surname] is identified as the "widow of the late chief of the Abenackque Nation at Missisque[?]." The document does not identify Charlotte's late husband. A comparison of the names of the individuals identified on the 1765 Robertson lease with other records does not connect the petitioner's known or claimed ancestors to the individuals named on this document.

Conclusion Regarding Political Evidence during the 17th and 18th Centuries

As described in criterion 83.7(b), the available evidence does not demonstrate the current petitioner or its claimed ancestral families descended from or evolved socially as a group from
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any Western Abenaki tribe either in Quebec or Vermont. Thus, evidence of political activity from Western Abenaki chiefs like Grey Lock and Joseph-Louis Gill during the colonial period does not demonstrate political influence among the petitioning group's claimed ancestors, whom the petitioner has failed to demonstrate had any connection to the known historical Western Abenaki nation. There is also no evidence linking the late husband of the widow "Charlotte" to any of the known or claimed ancestors of the petitioning group. The petitioner has not provided evidence of what its specific claimed ancestors were doing as a group to exercise political influence before 1800 and is encouraged to do so. The petitioner does not meet the requirements of criterion 83.7(c) during the 17th and 18th centuries.

Political Influence or Authority in the 19th Century: The Iroquois Land Claims, 1798-1874

There is one important set of Vermont records that indicate the lack of any identifiable Western Abenaki group exercising political influence in Vermont during the 19th century. These are six claims from 1798 to 1874 by the Iroquois [Caughnawaga or Mohawk] Indians for over two million acres of land in Vermont. A summary of the documents follows:

October 1798: The Indian Chiefs of the Seven Nations of Lower Canada brought a petition for land claims in the northwest part of the State to the legislature in Vergennes, Vermont. The petition was apparently signed by 20 chiefs but the submission provided has no record of their names. The Abenaki were mentioned directly in only one section, an inquiry to the Governor in which the chiefs stated the following: "You enquire who were our neighbors, to which we answer, that on the southwest were the Stockbridges, and on the northeast by [sic] the Abenakees of St. Francis. . ." (Governor and Council of Vermont 1880.00.00, 314). The Abenakis would have been one of the seven nations, but there is no indication the petition was brought on behalf of all the nations or just the Mohawk. If it were brought on behalf of all, the Abenaki were clearly no longer in Vermont but in St. Francis at Odanak in Quebec, and were permitting the Iroquois to advance a claim for land from their historical territory. If there were a large number of Indians who were the petitioner's claimed ancestors still living in northwestern Vermont at that time, 300, or possibly even as many as 3,000 as the petitioner claimed, presumably the Governor or legislature would have acknowledged them as having possible first claim to compensation for the land. But neither did, and the Iroquois claim was rejected by the legislature without reference to any Abenaki entity. In the Governor's 1799 report on the land claims, he discussed only one Indian group, which he referred to as "[t]hese Indians, the Cognawagahs [sic]," who were part of a six -nation Iroquois which withdrew during the French and Indian War (Governor and Council of Vermont 1880.00.00, 319). This indicated that the Mohawk were the only group actually pressing the claim.

October 1800: In this year, the Mohawk renewed their claim "joined by a representation from the Abenaki nation." This statement suggests that the Abenaki were probably not part of the 1798 petition (Governor and Council of Vermont 1880.00.00, 321). The one document regarding this claim, the Governor's report, did not identify who these Abenaki chiefs were, their number, or point of origin. Given the Iroquois claimants' description of the location of their Abenaki neighbors in 1798, it is reasonable to assume these neighbors were from St. Francis in Quebec. No Abenaki from Vermont or Canada ever again joined with the Mohawk to press the many land claims they brought before the legislature up to 1874 and again in the 1950's (see
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later section of this criterion for a discussion of the 1950's claims). The legislature also rejected this petition (Governor and Council of Vermont 1880.00.00, 321-322).

October 1812: The Mohawk again submitted a land-claim petition. No Abenaki group from Vermont or Canada vvas described in the document, and the legislature again rejected the petition (Governor and Council of Vermont 1880.00.00, 322-325).

October 1826: The Mohawk brought another claim that was rejected. No Abenaki group was described in the document (Governor and Council of Vermont 1880.00.00, 325-328).

June 1853: This time the Mohawk were joined by the Iroquois at St. Regis and the Lake of Two Mountains. The legislature again rejected the petition. Six chiefs were identified as Mohawk, five as St. Regis, and two as Lake of Two Mountain; none as Vermont Abenaki (Governor and Council of Vermont 1880.00.00, 328-343).

October 1874: The same three groups as in 1854 brought suit and were again rejected. No one in the documents was described as Abenaki (Governor and Council of Vermont 1880.00.00, 343361).

These documents suggest no Western Abenaki entity containing the petitioner's claimed ancestors existed in northwestern Vermont in the 19th century capable of exercising political authority or influence. Except for the 1800 petition, which mentions unidentified Abenakis representatives of unknown origin, all these petitions were the work of the Canadian Iroquois. If, as the petitioner claims, 1,000 to 3,000 of its claimed ancestors lived in northwestern Vermont from 1790 to 1910, it is reasonable to assume someone from this group of people would have protested this attempt by an outside Indian entity to claim their ancestral lands. But none did.

The petitioner has not submitted evidence to demonstrate how its claimed ancestors exercised political influence or authority as a group from 1800 to 1875. 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.

Informal Leadership during the Late 19th Century

The petitioner has claimed a few individuals were informal leaders during the late 19th century, beginning with Nazaire St. Francis (1868-1936), the grandfather of Homer St. Francis, one of the group's leaders in the late 20th century. According to the group's 1982 narrative,

[h]is grandchildren remember him returning home in the evenings with the odds and ends he had collected from the houses and stores he had visited, old clothes and unsold food, which he would then redistribute among the children in the Back Bay where he lived. . . . [His daughter Claire] grew large gardens in back of their home, from which she would distributed excess food to the other families in the Back Bay [section of Swanton], just as their father had done. (SSA 1982. 10.00 Petition, 79-81)
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To demonstrate this alleged political leadership, the petitioner should provide more evidence of the activities of the St. Francis family. Providing children with food and clothes does not necessarily demonstrate leadership. The petitioner should also identify the people who were the recipients of the food and clothes said to have been redistributed by Nazaire St. Francis (arid his daughter Claire) to demonstrate that the petitioner's ancestors were involved in a network of mutual assistance that marked them as distinct from the rest of the community. The petitioner should consider obtaining information from other sources to determine if other people in the Swanton area described the activities of Nazaire St. Francis which show he was a leader or exerted influence among the "Back Bay" residents or of an Indian community. Records such as court documents or social-service records might indicate whether residents asked him for assistance, or if local officials consulted him regarding problems with people from "Back Bay."

The petition also identified Cordelia (Freemore) Brow aka Mrs. John Brow (1836-1923) as a midwife and informal leader in "Back Bay" into the early 20th century. Her role as a midwife was discussed under criterion 83.7(b), but the petition has not included sufficient information regarding her activities during the late 19th century. A portion of an interview with a granddaughter claims that Brow broke up fights in people's homes, but does not identify whether these were fights between the petitioner's claimed ancestors or merely anyone living in the area (SSA 1982. 10.00 Petition, 75). The petitioner has not provided any other details of her activities as a leader in "Back Bay." To demonstrate her alleged leadership, the petitioner should include more information about specific actions taken by Cordelia Brow during the late 1800's, and should also search for any documentary evidence that external authorities viewed Brow as a person of influence among "Back Bay" residents or among members of an "Indian" community.

Conclusion Regarding Political Evidence for the 19th Century

The available evidence does not show informal or formal political authority or influence on the part of the petitioner's claimed ancestral families before 1900. Therefore, the petitioner does not meet the requirements of criterion 83.7(c) from 1800 to 1900. The petitioner is encouraged to review the requirements of criterion 83.7(c) and to submit additional evidence that its claimed ancestors maintained political influence or authority over each other as an autonomous entity during this period.

Leadership, 1900 to 1975

The petitioner has presented no evidence of any formal leadership structure within the group before the formation of the group's council and the ASHAI in the 1970's. The petitioner maintains that informal leaders, particularly heads of families, served to maintain order in the community. The evidence submitted by the petitioner is mostly limited to four oral histories, some charts included with the 1986 response, and additional excerpts from other interviews not in the petition. The petitioner is, again, strongly encouraged to submit the full text of interviews excerpted in the group's 1982 Narrative and the 1986 Response to the Obvious Deficiencies.

Saturday, October 16, 2010

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schools (some may also have attended a local Catholic school), but there is no indication they ever applied to attend Federal Indian schools. No documents in the petition indicate that the petitioner's claimed ancestors were served by a particular priest or other religious figures, and nothing indicates they had a separate church. The petitioner has not included any records of annual celebrations, such as seasonal festivals or saints' days, which outsiders noted were held as community feasts. The petitioner has not shown that holidays such as Christmas or New Years were celebrated by members of the group in ways different from their Catholic or Protestant neighbors. The petitioner has not submitted evidence that would demonstrate that the Catholic Church (or any other church) was a center of "shared sacred or secular ritual activity encompassing most of the group" as defined under criterion 83.7(b)(1)(vi).

Documents from this early period identify the petitioner's claimed ancestors as "white" or from that period indicate that any people inside or outside of the
"French," and no other records f period indicate inside outside objected to this categorization, or contested that the members of the group should be classified as anything other than "white." For example, all 26 of the petitioner's ancestors whose World War I draft registration records the State submitted identified themselves on those forms as "white" or "Caucasian," even when the documents offered the alternative category of "Indian" (see "[WWI Draft]" documents). Nothing in the record shows that military authorities tried to place these people in another category during a time when black and Indian units were segregated from white military units. No other records submitted by the petitioner provide any examples of the group's claimed ancestors self-identifying as "Indian" or as "Abenaki."

None of the interviews or excerpts of interviews described any instances of a person being denied employment because of anti-Indian prejudice. The petitioner has not provided any evidence of children experiencing discrimination in school attributable to their claimed ancestry. There are no examples of members being refused service by local medical practitioners, or being prevented from voting, buying alcohol, or serving on juries.

The available documentation contained no examples of other families disowning children for or forbidding them from marrying the petitioner's claimed ancestors. Although marriages did occur between individuals from the petitioner's claimed ancestral families, there is no indication that such marriages were preferable to one with an outsider.

The petitioner maintains that the derogatory terms "gypsies," "pirates," and "river rats" were used to denigrate its claimed ancestral families. (68.) However, there is no information in the petition that links these terms with the petitioner's claimed ancestors, or that provide any evidence of anyone using these terms to identify or describe the petitioner's claimed ancestors. Instead, the [sic] the terms are cited only in conjunction with the Vermont Eugenics Survey (VES), which used "Gypsy" and "Pirate" as pseudonyms to describe two composite "families" of 191 undesirables "(Perkins 1927.00.00, 8). While a few members of the petitioner's claimed ancestral families were identified by name in the State documents that were eventually used to create the VES composites, they were not identified as Indians (some of the petitioner's claimed ancestors were identified as "French," one man was identified as "Irish"). One of the families ancestral to some members of the petitioner (Phillips Family) was described as having some members with Indian
FOOTNOTES:
68. In 2005, the petitioner also asserted that the term "French-Canadian" as insulting (Wiseman 2004.03.00, 15), but did not demonstrate that the use of this term was pejorative.
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ancestry, but the tribal affiliations were not Abenaki. These family members were cited as having "Indian blood," or being "part Indian;" one was identified as claiming "Kickapoo" ancestry; the other was acknowledged as being from the Caughnawaga reservation in Canada, which was and is a Mohawk reservation (Eugenics Survey of Vermont 1930, npn). This particular family is also described as traveling "as gypsies" selling baskets (i.e., traveling in a manner perceived to be similar to that of Roma Gypsies), and it is possible this particular family may well have been confused with or called "gypsies." However, there is no information indicating that the petitioner's claimed ancestors were referred to by this or any other appellation outside of the composites is information in petition
outside of the composites created by the VES. There is no information in the petition about which members' families are supposed to have descended from the riverboat-dwelling "Pirates" or "river rats." Further, the VES identified many other families with no connection to the petitioner's claimed ancestors, and the petitioner has not demonstrated that the references applied solely to these people and not to the other families identified by the Survey. To be useful in the overall analysis of demonstrating the existence of a distinct community, the petitioner should provide examples that demonstrate others exclusively used these derogatory terms when referring to the petitioner's claimed ancestors.

The petitioner maintains that a member served as a midwife to members of the community sometime between 1920 and 1970, but does not give her actual years of service. In the interview portion included in the submission, she described her fear of being arrested if the local doctor found her delivering babies without trained medical supervision (SSA 1986.05.23 [Addendum B], 111). However, there is nothing in the submission indicating that she was singled out as an "Indian" midwife, rather than as a woman practicing midwifery at a time when delivering babies was becoming monopolized by trained physicians. The petitioner has not included any information describing how other midwives at that time were treated, to demonstrate that this woman was subject to punishments different from other midwives. Additionally, the petitioner has not demonstrated that this woman practiced midwifery exclusively or predominantly among the petitioner's claimed ancestral families.

The petition contains an interview which contains, among other information, some information regarding specific stores frequented by the petitioner's ancestors, and identifies "Levicks" as a shop where "Back Bay" families shopped for groceries (Wells, Bob and Alma 1982.03.18, 10). "Prouty's" "Keefe's, and "St. Marie's" were also mentioned (SSA 1982. 10.00 Petition, 94). However, the interview does not demonstrate that any discrimination was responsible for the "Back Bay" families patronizing one store rather than another. Instead, this store was less expensive than the others in town, and so was patronized by the poorer members of "Back Bay" (Wells, Bob and Alma 1982.03.18, 10). There is nothing in the petition indicating that the more affluent grocery stores refused service to the petitioner's claimed ancestors.

Some of the petitioner's documents mentioned that some people had vague memories of there being a fence around "Back Bay" before World War I (Wells, Bob and Alma 1982.03.18, 14), but no archaeological or photographic evidence has been presented to demonstrate that this fence existed. Even so, one of the petitioner's informants stated that he never saw or heard of such fence, but if one had been there, it would have been to prevent illegal train riders from jumping off the train and running into the neighborhood unimpeded (Wells, Bob and Alma 1982.03.18, 14). There is also no available evidence showing that the "Back Bay" area (or any other place
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populated by the petitioner's claimed ancestors) was a "ghetto" where specific groups of people were forced to live. There are several descriptions of people moving to different areas of the town and the region as their economic and social fortunes changed (SSA 1986.05.23 [Addendum 13], 107; 108; 118).

The petitioner asserts that the "Back Bay" area through the mid 20th century, was always considered by the citizens of SWANTON [sic], both white and Indian, as the place where the Indians lived" (SSA 1995.12.11 [Second Addendum], 7). The son of a Swanton storekeeper is quoted in the petition and does identify some of the petitioner's claimed ancestors as Indians (SSA 1986.05.23 [Addendum 13], 97). Another storekeeper's son from St. Albans is also quoted as knowing that the claimed ancestors of the petitioner were Indian (although he does not identify them as "Abenaki"). However, the assertion that "many people" in the community knew and acknowledged a separate Abenaki community in the area is not supported by the documentation submitted, and again contradicts the petitioner's claim that the group was "underground" for most of the 20th century.

The full text of these interviews, and any others conducted with knowledgeable outside members of the Swanton community, should be included in the petition to provide more insight into how the local population related to the petitioner's claimed ancestors.

The Vermont Eugenics Survey

After 1995, the petitioner's submissions contain many references to the VES. This project began in the middle 1920's and was overseen by University of Vermont Professor Henry Perkins. Field workers conducted interviews and collected information on individuals and families who were considered to be "socially inferior" (particularly those deemed "criminals" or "sexual deviants"). Researchers also investigated prison files and records from State and local charity institutions to identify families considered predisposed "criminality,"
families who were considered genetically predisposed to "degeneracy," and "immoral behavior." Some of this information may have been used later by the State Welfare Department to identify and track some individuals, who were surgically sterilized. (69.) The petitioner maintains that the VES, which did identify some (but by no means all) of the petitioner's claimed ancestors, (70.) is directly responsible for the group's reluctance to identify
FOOTNOTES:
69. Just how many of the people identified by the VES were actually surgically sterilized is unknown. A 1961 report claimed that 210 people had been sterilized since the passage of the State's voluntary sterilization law in 1931 (Boston Sunday Globe 1995.09.03, 41). However, there is no information to determine what percentage of these people had been identified by the VES and what percentage had been identified after they had been admitted to State institutions or had otherwise come to the attention of authorities.

70. The petitioner submitted a list in which they identified five families followed by the VES as ancestral to their members, but did not cite the source or sources from which this list was compiled (Families Identified n.d. List). This list identified a total of 60 families, with a grand total of 5,516 individual members. These numbers contrast with documents generated by the Survey itself, which claimed to have identified 62 families with a total of 4,642 individuals (Perkins 1927.00.00, 7). This is a difference of two families, but 874 more individuals. Of the 60 families listed in the petitioner's documents, the petitioner identified five families as ancestral to their current members, with a total of 1,187 members (approximately 21.3% of the people the SSA identified). This would seem to indicate 5 highly extended families, averaging 237 members each. However, the petitioner maintains that the group consisted of far more than five families during this period. For the petitioner's hypothesis of a persecuted group to be persuasive, more than five of its ancestral families should have been identified by the VES.
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themselves as Indians during this time. According to its submission, people of Abenaki descent were deliberately targeted and sterilized because they were Indians, which so frightened the group's ancestors that they hid their ancestry even more than in the past. In addition, the group points to its ancestors' survival in response to the Eugenics Survey as a symbol of tenacity In the face of adversity. These claims are unpersuasive because there is no evidence in the materials that the claimed ancestors of the petitioner were targeted because they were Indians. The oral histories and other documents submitted to OFA by the petitioner prior to 1995 (do not mention the VES at all_

Information and publicity about the VES after 1995 has resulted in the emergence of several unsubstantiated accounts among members of the SSA, including stories of makeshift field hospitals being erected in the area to facilitate sterilizations, and 15 people (in some accounts, 15 families) disappearing from the Monument Road area of Swanton in one night (Squires 1996, 127-9; Boston Sunday Globe 1995.09.03, 41). In the case of the missing individuals, none of the documentation includes the names of any people who supposedly disappeared. It is unlikely that the disappearance of 15 people would go unnoticed or unmentioned in a community the size of Swanton; it is even more unlikely that 15 families would disappear without anyone remembering their names or publicly commenting on their absence. The petitioner also has not provided the names of any claimed ancestors who lived on Monument Road during the 1930's.

The SSA has not presented any evidence that anyone among the petitioner's claimed ancestors knew about the VES or that the residents of Swanton were aware of or affected by the actions. While it is understandable that people might be reluctant to talk if they had been sterilized involuntarily, there is only one example of a contemporary group member telling the story of how she believed her aunts were allegedly sterilized:

Actually, in my family two of my aunts were sterilized. They were picked up, and brought to the State Hospital, in the state of Vermont, drugged up, sterilized without their knowledge... One of my aunts were [sic] picked up because she had been drinking. My other aunt, I don't really quite know the story ... she never really talked about it as much as my other aunt did. (Chronicle Video Interview 3.19.01)

The interview does not indicate when this sterilization was supposed to have taken place. Existing records from the VES submitted by the petitioner and the State do confirm that one particular woman related to the interview subject was followed by the survey, and that this woman had five children (two of whom were recorded as being illegitimate). For unspecified reasons, records note that the State had given custody of her children to their grandfather. In 1929, this woman was arrested, convicted, and sentenced to one year in jail on an adultery charge (Pedigree, NSF, 1930 npn).

The same record indicates that one of her brothers and one of her sisters were also incarcerated or institutionalized (the petition contains no additional information from the VES regarding the woman's sister, who may be the other aunt referred to in the interview). All of these events occurring in one family may have drawn the attention of authorities looking to identify "low quality families." There is, however, no documentary evidence demonstrating that this woman was targeted for any other reason, such as Abenaki or Indian ancestry.
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The petitioner maintains that the Survey material demonstrates " the ancestry of the Native Americans in Vermont who were especially targeted to be victims of this program." (SSA 1995.12.11 [Second Addendum], 9), but this claim is not substantiated by the materials included in the submission. Although one claimed ancestral family was identified by the Survey as having some Indian ancestry, the others were identified as "French" or "Irish." Further, the other information available in the submission gives no indication that Native Americans as a group were of concern to the study, although other ethnic groups were identified as sources of potential problems for Vermont. For example, the Survey leaders appear to have shared an anti-French-Canadian bias with many other authorities of the day (Gallagher 1999.00.00, 46). At the time, French-Canadians made up the largest minority group in Vermont, and some articles expressed concerns about the "peaceful invasion" of Vermont by this foreign element overwhelming the "Yankees" that controlled Vermont institutions. This is in contrast to a complete lack of any mention of Indians as an ethnic or political category, although there were a few references to individuals of Indian descent in the literature produced by the Survey.

There is also no available documentary evidence indicating that the sterilization described by the member of the SSA was actually performed, or that, if it was, it was as a result of the individual having been identified by the VES. The Survey identified over 4,500 people, but there is no available evidence that all or most of the people who were identified were then sterilized, or that only people who had been identified by the VES were sterilized. The operations that did take place occurred years after the initial reports, and were performed by the State Welfare Department.

The petitioner's claim that this project directly targeted its claimed ancestors and their families because of their "Abenaki" ancestry has not been demonstrated in the materials presented. If the petitioner wishes to demonstrate that the group's ancestors were targeted specifically because of their Native American ancestry, the group should search the files of the VES for letters and other documents demonstrating this bias.

Summary, 1900-1940

The information provided by the petitioner to demonstrate community during the early years of the 20th century is not sufficient to satisfy the requirements of criterion 83.7(b) from 1900 to 1940. The petitioner should submit field notes, full text interviews, and other documents which it cites in its narrative and Response, as well as copies of original documents such as birth, death, and marriage certificates to provide evidence that might be useful in substantiating its claims. The petitioner must also demonstrate that its ancestors (and not the Abenakis who visited Vermont seasonally) were the people being referred to as "Abenaki" by scholars and members of the Swanton community. The group should also document and provide evidence of specific examples of discrimination against its members because of their Indian identity, which resulted in group members hiding their identity. Finally, if the group wishes to demonstrate that its ancestors were targeted by the VES because of their Native-American ancestry, then it must include far more analysis of the project's documentation. The analysis should demonstrate and provide evidence that the petitioner's ancestors were targeted as a group, were sufficiently distinct from the many other families studied, or were described in terms which differentiated them from other people who were subjects of the survey.

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Community, 1940-1970

The evidence presented by the petitioner to demonstrate community between 1940 and 1970 includes, but is not limited to, four oral histories. The evidence presented by the State of Vermont also includes, but is not limited to, various newspaper and scholarly articles and selected birth, death, and marriage records.

The deficiencies noted in the previous section regarding the lack of original records in the petition are also present for this period. The petitioner has not submitted copies of birth, death, marriage, church, or other records which might support the petitioner's arguments. The petitioner is strongly encouraged to rectify these deficiencies before the issuance of the Final Determination.

The Swanton Area, 1940-1970

After the American entry into World War II, a number of the petitioner's claimed ancestors are said to have either joined the military or worked in plants supporting the war effort. After the war ended, the men who had served in the military returned to Swanton. According to the petitioner, a number of them began frequenting the local Veterans of Foreign Wars club (referred to as "the V"), which it characterized as later becoming an "Indian bar." The group's male members are described as congregating regularly at this club, while the women socialized during the Wednesday night bingo games (SSA 1982. 10.00 Petition, 138). The petitioner should include more information about the composition of "the V" in the years after the war, particularly the ratio of SSA members' and/or their claimed ancestors to non-SSA members. The group should name the SSA members and/or their claimed ancestors who frequented the club, describe if they held any official leadership positions in the organization, and cite any oral histories and other sources describing how and when it became to be regarded as an "Indian bar." The petitioner also maintains that several members identified themselves as "Indians" on military records from the 1950's to the 1970's (SSA 1986.05.23 [Addendum B], 125), but none were submitted. The petitioner is encouraged to submit copies of these military records.

The petitioner maintains that the establishment of a wildlife refuge in 1941 on the land around the mouth of the Missisquoi River adversely affected the lives of the group's members who had previously hunted and fished there without licenses or restriction (SSA 1982. 10.00 Petition, 101). To document these contentions, the petitioner should include more information about the role of hunting and fishing in the supposed ancestral community, and explain how it differs from the many other rural Vermonters who also hunted and fished to supplement their incomes and provide their families with food. The petitioner should also include more information about their claimed ancestors' interaction with local game wardens and discuss how their relationship with them differed from other individuals who might have also disobeyed local hunting and fishing regulations.

After the war, the petitioner also maintains the enlargement of the village of Swanton resulted in the loss of the "hemp yards," an area northeast of the village which had been a meeting place and common area for many years. The petitioner claims
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[i]t was a spot that Indians had long considered their own, a place where they could camp during the summer months, where they still planted corn in common fields, where men enjoyed the company of the sweat lodge, where the old folks could picnic and relax. (SSA 1982. 10.00 Petition, 102)

The petitioner has not included any evidence to identify the people enjoying this alleged common area, and has presented only one recollection describing the presence of a sweat lodge on the property (Wells, Bob and Alma 1982.03.18, 18). If, as the petitioner claims, people were still planting corn in common fields as recently as the World War II, then there would likely be some newspaper articles or public records detailing this practice. To demonstrate this claim, the petitioner should include documentation of the communal use of this piece of property, such as interviews, well-captioned photographs, newspaper articles, oral histories, and other information showing such use.

The petitioner has submitted four oral histories which contain information about the Swanton/Highgate/St. Albans area during this period. These interviews identified a few people as informal leaders and discussed some of the activities people engaged in, such as hunting, fishing, and berry picking. However, the petition did not contain descriptions of other activities, such as notable birthday or anniversary celebrations attended by a wide range of group members. There are no descriptions or photographs (captioned or otherwise) of weddings, baptisms, First Communions, school graduations, or similar events. There are no descriptions of the group honoring its members who were serving in the military, or ceremonies honoring servicemen or women who may have died overseas. There are also no descriptions of any organizations (such as a Ladies Aid Society) composed of or controlled by a number of members, and the petition contained no descriptions of member organizations performing activities such as sponsoring clothing drives, hosting Christmas parties for member children, or providing financial assistance for elderly members. Such information might demonstrate "significant social relationships connecting individual members," as defined under criterion 83.7(b)(1)(ii), as well as demonstrating "significant rates of informal interaction which exist broadly among the members of a group," as defined under criterion 83.7(b)(1)(iii). The petitioner should submit such materials to demonstrate that the members of the petitioning group were riot simply residents of the same geographical area, but actually knew each other and participated in activities as a social community.

Catalog of Artifacts, 1940-1970

The petitioner has included descriptions of several items made or acquired by group members during this period. The petitioner has submitted a "catalog" of these items to demonstrate that Abenaki Indians were present in Vermont, and that these Indians were the claimed ancestors of the SSA. However, the petitioner has provided insufficient evidence that these items were produced or used by its claimed ancestors, or that anyone other than the petitioner has identified them as "Abenaki."

One of the major difficulties with using artifacts from the mid-20th century to demonstrate any particular cultural identity is that such objects can change hands over time and lose their affiliation with the group which produced them. Objects can also be copied by people who may
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have no relationship to the group which originated the style. Had the petitioner submitted more information regarding the context or provenance of items, as well as more information regarding the social interaction between the group's members and how they worked together to produce these items, a better argument could be made that these items were indicative of usage or manufacture by the group, and might indicate "a significant degree of shared or cooperative labor or other economic activity among the membership" as defined under criterion 83.7(b)(1)(v). However, the relatively few items included in the petitioner's descriptions apparently were not commonly used or produced by the petitioner's claimed ancestors, and in many cases, it is uncertain that the items have anything to do with the claimed ancestors of the SSA.

The catalog describes a 1943 split ash basket as "...the only known dated Abenaki basket after the Eugenics Period and before the 1980's...it is interestingly similar to Abenaki revival baskets. . ." (Wiseman 2005.00.00, npn). The problem with this description is that the weaver of the basket is unknown. Although the catalog states that the basket was purchased from a local antiques dealer, there is no other provenance provided. Without this information, it is impossible to know if the manufacturer was an Abenaki (and if that Abenaki was Western or Eastern, from Canada or from somewhere else).

The catalog describes a fish spear, given to the researcher's (Frederick Matthew Wiseman born March 15, 1948 in Johnson, Maryland) father (Frederick Kermit Wiseman born June 27, 1914, he married to Evelyn Martha nee: Platt; he died August 24, 1985 in St. Albans, Franklin County, Vermont) at some unspecified time (probably after the Second World War). According to the description, the spear was used by a group member from the time he was young until the outbreak of the Second World War. However, the petitioner has not demonstrated that only members of the Swanton-area group used such implements. Even if the spear can be described as "Wabanaki," there is considerable information in the petition to demonstrate that many "Wabanaki" people from Canada and Maine summered and fished in the area, and could well have sold or given such an implement to a local resident. Objects can also be copied, if a person recognizes and desires to recreate an interesting or efficient design. This problem is similar to that of other objects presented in the catalog, including a "loon cup" and toy canoe made between 1950 and 1960. There are no earlier examples of these items to indicate that they were of a style or design used by a substantial portion of a group of the petitioner's claimed ancestors on an ongoing basis.

The catalog includes a description of a beaded headband, portrayed as a 1950's replica of a piece from the proto-contact period (this particular "beaded headband" is also in the the book on page 153, that he authored entitled "Voice of the Dawn , An Autohistory of the Abenaki" copyright 2001; and additionally again in his "Decolonizing the Abenaki...." which was compiled by Fred M. Wiseman himself in early 2010). The catalog states the headband indicates a decision of Northwestern VT Abenakis to make items identifying the weaver as Abenaki. All Native people in the Northeast dressed in "Pan-Indian" regalia in the 1950's and 1960's. Indicates Abenaki participation in regional cultural processes. (Wiseman 2005.00.00, npn)

Beadwork, like basketry, has never been exclusive to people of Indian descent. For example, it is a popular activity taught at children's summer camps. There is no information of who made the referenced piece, so it is unclear whether "the beader" was Abenaki. No photograph of the piece is included, making it impossible to determine how the headband was supposed to identify the wearer or maker as "Abenaki," as opposed to another group. Finally, and most importantly, the assertion that this object ".. . indicates Abenaki participation in regional cultural processes"
St. Francis/ Sokoki Bands of Vermont Abenaki:
Proposed Finding - Summary Under the Criteria
Page 84
is unsubstantiated by the available evidence. If, for example, the petitioner had submitted a captioned photograph (or photographs) of several named members of the group wearing beadwork (including the headband in question), then there would be some evidence to support the petitioner's argument. However, there are no indications of group participation in regional Native activities until the 1970's. One example of beadwork, without any contextual supporting documentation, is insufficient to demonstrate "group" social processes.

The catalog describes a cradleboard made and used by a family during the 1960's. Although the catalog characterizes this object as an "important ethnic identifier" because the board was not used just for display, the petitioner has not demonstrated that this was an ethnic identifier. The name of the person who previously owned the object is given, but there is no evidence that he was the person who made it. Further, the catalog does not indicate whether this person is a member of the SSA (the name does not appear on the most recent membership list). If the petitioner could demonstrate that cradle boarding was used consistently by a number of its members' families, then the argument would be considerably stronger; as it stands, it is equally possible that a single person reproduced the object based on photographs in books or from museum displays on his or her own, and not as part of a group activity.

The petitioner should include much more information regarding the social context of the creation and usage of these objects if it wishes to demonstrate that they are indicative of the material culture of a Swanton-based American Indian entity. The group should submit evidence such as captioned photographs of these items (or items similar to those on display) in use by people identified as community members. Contemporaneous articles or publications describing their use should also be submitted.

Summary, 1940-1970

The material submitted by the petitioner is insufficient to satisfy criterion 83.7(b) from 1940 to 1970. The information in the petition does not include any reliable evidence that the ancestors of the petitioner comprised a distinct community, or that they were regarded as distinct from other residents of Swanton. To satisfy this criterion, the petitioner submit evidence, such as captioned photographs, full-text interviews, and additional documentation from organizations such as the VFW to substantiate its claims. Further, the group must provide more evidence that a distinct community of its members actually existed in Franklin County.

Community, 1970-2005

There is no question that, after 1975, the group now known as the "St. Francis-Sokoki Band of Abenaki" became active socially (for information about the formal organization of the group, see criterion 83.7(c)). The group organized a number of activities, including establishing relationships with the Abenaki at Odanak and other New England Indian tribes and organizations. A number of political activities, such as "fish-ins" protesting State licensing requirements, were also held during the late 1970's and early 1980's. In the 1990's, the group

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