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The SSA claims that its members descend from "such historically documented family lines as: Cajials, Morice, Nepton, Obomsawin, Philippe, Portneuf, St. Francis, Toxus, and Wawanolett" (SSA 2000.00-00 cab). The surnames Cajials, Mortice, Philippe, St. Francis, and Toxus do not appear on any historical document in the current record identifying Abenakl or other Indian individuals associated with a historical Abenaki. Specifically, none of these five surnames appear on the mid-18th century register of Fort Saint-Frederic (Roy 1946, 268-312), on the 1765 Robertson Lease (Robertson 1765.05.28), or on the censuses or pay list for St. Francis (Odanak) Indians in Canada (Recensetnent du Villages 1873; Recensement du Villages 1875; Indian Distribution Pay List 1893.04.14), and there is no reference in the record of any female Abenakis marrying individuals with these surnames. An individual named Joseph Poorneuf is identified in 1751 as a St. Francis Indian on the register of Fort Saint-Frederic (Roy 1946, 303), but none of the petitioner's current members claim descent from this person. Individuals named Joseph Abomsawin [Obomsawin] and Marian Pooneuf [Portneuf] appear on the 1765 Robertson Lease, as names of the persons (presumed Abenakl Indians) leasing land to James Robertson at Missisquol, but there is no evidence in the current record showing that any of the petitioner's current members descend from these individuals. Numerous individuals, both male and female, with the surnames Abomsawin, Portneuf, and Wawanolett are found on the 1873 and 1875 censuses and the 1893 pay list for St. Francis (Odanak) Indians in Canada and 8 of the petitioner's current members claim descent from Simon Obomsawin (1850 Odanak, Quebec aft. 1930), who is likely the same person as "Simon Obomsawin fils" who is listed on these three documents, although the evidence to support this claimed descent is tenuous. This "Simon Obomsawin fils" may have had Portneuf and Wawanolett ancestors; however, none of the petitioners's current members document descent from Poorneuf or Wawanolett ancestors separately from the Obomsawln family line. Jean Charles Nepton (1831 Massachusetts-aft. 1877), claimed ancestor of 16 of the petitioner's current members, is recorded on a census (taken in about 1870) of Chicoutimi County, Quebec, Canada, as an Abenakl Indian from" Massachusetts, but there is no evidence in the current record indicating that this Nepton ancestors was either a Missisquoi Abenakl or a Western Abenakl or that lie ever resided in Vermont or in the area of Missisquoi.

The petitioner has not demonstrated descent from Abenakis named at Fort Saint-Frederic or in the 1765 Robertson lease and, thus, has not demonstrated descent from the historical tribe, assuming the persons named on these lists were part of a historical Western Abenaki tribe residing at Missisquoi in the mid-18th century. At this time, with the exceptions noted above, the petitioner has not shown descent from any documented Abenakl individuals.

The petitioner names 20 individuals as "primary" ancestors (112.) from whom it claims all members descend, and who it claims are descendants of the historical Missisquol Abenakl tribe. Although these are the only ancestors named by the SSA in its petition documents, some members listed on its current (2005b) membership list are not linked to these ancestors in the group's 2005 genealogical database. (113.) These 20 ancestors include the following: 114
FOOTNOTES:
112. As stated earlier, when referring to any of the 20 ancestors claimed by the petitioner to be original "Missisquoi Abenakl" progenitors, the designation "primary" ancestors or "primary" ancestral lines will be used.

113. That is, they were either not entered in the 2005 FTMTM database or were in the 2005 FTMTM database but were not connected to any of the ancestral

families lines. 

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Sarah (Morits) Barrett/Barratt (1806 Vermont-aft. 1856) -- married abt. 1827 to Samuel Barratt ( 1800 England-aft. 1856); 10 children all born in Vermont between 1827 and 1856' petitions documents indicate the first presence in Vermont for this family is 1806 individuals birth of Sarah (Morits) Barrett, the "primary" ancestor (see Appendix A); 71 individuals on the group's current 2005b membership list claim descent from this ancestor;

George W. Melrose ( 1872 Swanton, Vermont-1931 Vermont) - - married 1889 (in Swanton, Vermont) to Mary Jane Campbell (1872-1897); 4 children all born in Vermont between 1889 and 1897; petition documents indicate the first presence in Vermont for this family is 1872 birth of George W. Belrose, the "primary" ancestor (SSA 2005, FTM) (see Appendix A); 19 individuals on the group's current 2005b membership list claim descent front ancestor;

Margaret (Gibeau) Cheney (1906 Lacolle, Quebec-1927 Swanton, Vermont) – married 1924 (in Swanton, Vermont) to Giles Gilbert Cheney (1895 Dickenson Center, New York-1945 Swanton, Vermont); 2 children, one born in 1926 in Swanton; petition documents indicate the first presence in Vermont for this family is marriage of Margaret Gibeau and Giles Gilbert Cheney in 1924 in Swanton (SSA 2005, FTM) (see Appendix A); 5 individuals on the group's current 2005b membership list claim descent from this ancestor;

Jos. [Joseph] Colomb (abt. 1775 Quebec-aft. 1822) – spouse unknown; 3 children all born in Quebec (116.) between 1802 and 1822 (two sons buried in St. Mary's Catholic cemetery in Swanton, Vermont); petitioner claims first presence in Vermont for this family is the birth of the eldest son in 1802 (SSA 2005, FTM) (see Appendix A); 215 individuals on the group's current 2005b membership list claim descent from this ancestor;

Louis Desmarais/Demar (I 830 Quebec- -aft. 1857) – married abt.1857 to Marie Belisle (abt.1843 Quebec-aft. 1857); one child born in 1857 in Vermont; petition documents indicate the first presence in Vermont for this family is birth of child in 1857 (SSA 2005, FTM) (see Appendix A); 94 individuals on the group's current 2005b membership list claim descent from this ancestor;

Louis Gardner (18 1 0-aft. 1835) – married abt.1835 to Mary Spabin (I 815-aft. 1835); one child, born about 1835, birthplace unknown, petitioner claims first presence in Vermont for this family is in 1830s (SSA 2005, FTM) (see Appendix A); 90 individuals on the group's current 2005b membership list claim descent from this ancestor;

Eli Adelard Hakey/Ethier (1868 Spencer, Massachusetts-1952 Swanton,Vermont) –married 1891 to Delia Martell (1875 Swanton, Vermont-1962 Swanton, Vermont); 10 children born between 1893 and 1914, all probably born in Swanton, Vermont; petition
FOOTNOTES:
114. Very little of the genealogical information about these individuals and their descendants provided by the petitioner in the SSA 2005 FTMTM genealogical database is supported by documentation submitted by the petitioner or the State.

115. The number of descendants (current members) given for all "primary" ancestors will be more than the total number of current members because numerous members claim descent from more than one "primary" ancestor.

116. The two eldest sons, Lewis S. Colombo (betw. 1802 and 1808-1887) and Regis Richard Colomb (1808-1866), may have been born in Vermont.

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documents indicate the first presence in Vermont for tills family is marriage of Eli Adelard Hakey and Della Martell in 1891 (SSA 2005, FTM) (see Appendix A); 207 individuals oil the group's currant 20051) membership list claim descent from this ancestor;

Antoine Edward Hance/Hains (1816 St. Mathias, Quebec-1911 St. Albans, Vermont) to Caesarie Sarah Calcagno (1813-1899 Swanton, Vermont); (117.) 9 children born between 1843 and 1868, the first 4 and the 8th born in Quebec (St. Jean and St. Gregoire), the 5th through the 7th and the last born in Vermont (Swanton?); petition documents indicate the first presence in Vermont for this family is birth of 5th child in Swanton in 1854 (SSA 2005, FTC) (see Appendix A); 23 individuals on the group's current 2005b membership list claim descent from this ancestor;

Flavien Fabian Napoleon Hoague (1830 Quebec-aft. 1883) – married 1855 (in St. Rosalie, Quebec) to Adelle May Billings Belair/Bellaire (1831 Quebec-aft. 1878); 12 children born between 1856 and 1878, 5 of first 7 born in Quebec (St. Dominique and St. Hyacinthe), last 5 born in Vermont (one in Swanton); petition documents indicate the first presence in Vermont for this family is birth of 8th child in 1870 (SSA 2005, FTM) (see Appendix A); 218 individuals on the group's current 2005b membership list claim descent from ancestor;

Charles Lafrance (1838 Canada-1882 Vermont) – married abt. 1855 to Mary Berard/Barnes (1835 Phillipsburg, Quebec-191 1 Highgate, Vermont); 12 children born between abt. 1855 and 1873, first 5 and 9th children born in Quebec (Henryville and Bedford), 6th through 8th and last 3 children born in Vermont (Highgate); petition documents indicate the first presence in Vermont for this family is birth of 6th child in Highgate in about 1867-68 (SSA 2005, FTM) (see Appendix A); 49 individuals on the group's current 2005b membership list claim descent from this ancestor;

Peter Cayie Medor (1814 St. Regis, Quebec-1890 Swanton, Vermont) – married 1833 (in St. Regis, Quebec) to Marguerite Julia St. Pitied (1814 St. Regis, Quebec-1883 Swanton, Vermont); 6 children born between 1832 and 1853, 4 of first 5 born in Vermont (Swanton), last child born in New York; petition documents indicate the first presence in Vermont for this family is birth of first child in Swanton' 19 in 1832 (SSA 2005, FTM) (see Appendix A); 49 individuals on the group's current 2005b membership list claim descent from this ancestor;

John F. Morits (I 790-aft. 1827) – married abt. 1815 to Elizabeth Salisbury (bef. 1803- aft. 1827); 3 children born between 1816 and 1827, the first born in Quebec, the last 2 born in Vermont (Highgate); petition documents indicate the first presence in Vermont for this family is birth of 2nd child in abt. 1830 (see Appendix A); 60 individuals on the group's current 2005b membership list claim descent from this ancestor;

Jean Charles Nepton (1831 Massachusetts-aft. 1877) – married 1851 (in St. Urbane, Quebec) to Josephine Girard (1835 Quebec-aft.1877); 10 children born in Quebec
FOOTNOTES:
117. This individual was buried in St. Mary's Catholic cemetery in Swanton, Vermont (Ledoux 1993.08.00).

118. Third child may have been born in St. Regis, Quebec, in 1834.

119. First documentation of Vermont residence on U. S. census is birth year of

son in 1845 (1870 census).

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between 1853 and 1877 (Lac St. Jean); no documented presence in Vermont, only in Massachusetts and Canada (see Appendix A); 16 Individuals on the group's current 2005b membership list claim descent from this ancestor; (120.)

Simon Obomsawin/Obumsawin ( 1850 Odanak, Quebec-aft. 1930) married 1878 (111 Odanak, Canada) to Celine (maiden name Unknown) (bet'. 1807 Odanak, Quebec bef. 1910), 7(?) children borne between 1879 and 1886 all born in Quebec; petition documents indicate the first presence in Vermont for this family is 1907, attested to by a daughter of Simeon & Celine (Day 1948.07.00-1962.11.1, 3, 4), but the first documentation of residence is Simon Obonisawin's enumeration on the 1910 U. S. census in Charlotte, Vermont (U. S. Census, 1910) (see Appendix A); 8 individuals on the group's current 2005b membership list claim descent from this ancestor;

Theodore Amable [C.?] Ouimette (1799 St. Armand, Quebec aft. 1872) – married 1845 (in St. Georges, Quebec) to Louisa Sweeney (1822 Quebec-aft. 1872); 5 children all born in Quebec (St. Armand) between 1849 and 1872; petition documents indicate the first presence in Vermont for this family is marriage of second child in Swanton, Vermont, in 1878 (SSA 2005, FTM), (see Appendix A); 27 individuals on the group's current 2005b membership list claim descent from this ancestor;

Charles Henry Partlow (1839 Alburg, Vermont-1913 Highgate, Vermont) – married 1864 (in Rouses Point, Clinton, New York) to Sophie Blair/Blain (1847-aft. 1885); 9 children born between 1869 and 1885, 3rd and 5th children born in NY, 7th child born in Quebec; petition documents indicate the first presence in Vermont for this family is birth of Charles Henry Partlow, the "primary" ancestor, in 1839 in Alburg, Grand Isle, Vermont (SSA 2005, FTM) (see Appendix A); (121.) 84 individuals on the group's current 2005b membership list claim descent from this ancestor;

Antoine Bellipe Phillips (abt. 1787 Quebec-1885 South Burlington, Vermont) – married abt. 1834 to Catherine Cadalre (1820 Quebec-aft. 1848) 6 children born between 1834 and 1848, first 2, 4th and 6th children born in Quebec, 5th child born in Highgate, Vermont; petition documents indicate the first presence in Vermont for this family is birth of 5th child in 1846 in Highgate (SSA 2005, FTM) (see Appendix A); 166 individuals on the group's current 2005b membership list claim descent from this ancestor;

Peter Richard/Richards (1814 St. Albans Bay, Vermont-1880) – married abt. 1855 to Genifer Laporte (?-?) 3 children born between 1855 and 1868, birthplaces unknown, petition documents indicate the first presence in Vermont for this family is birth of Peter Richards, the "primary" ancestor, in 1814 in St. Albans Bay (SSA 2005, FTM) (see
FOOTNOTES:
120. Transcriptions of Canadian documents submitted by the petitioner in a member file indicate that Jean Charles Nepton was Abenaki. However, until copies of the original records are provided by the petitioner, his Indian ancestry cannot be confirmed. Also, although the transcriptions indicate he was Abenaki, they do not specify whether he was Western Abenaki or Eastern Abenaki and they to not indicate that he was a member or descendant of any Abenaki group from Missisquoi. The petitioner is encouraged to submit further information in the form of original documents to clarify Nepton's ancestry.

121. A Civil War pension record for Charles H. Partlow of Alburgh, Vermont, married to Sophia Partlow, was located by OFA. It does not identify Charles Partlow as an Indian.

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Appendix A); 38 individuals on the group's current 2005b membership from this list claim descent from this ancestor;

Michel St. Francis/Francois (bef. 1811 Canada-1863 Swanton, Vermont) --spouse unknown, 1 child, birth date and birthplaces unknown, petition documents indicate the first presence in Vermont for this family is birth of grandson in 1841 in Vermont (see Appendix A); 138 individuals on the group's current 2005b memberships list claim descent from this ancestor;

Hippolyte D. St. Laurent ( 1780 Quebec-1860 Swanton, Vermont) – married abt. 1808 to Elizabeth Lafrance (1788 Quebec-1860 Swanton, Vermont); 3 children born between 1808 and abt. 1830, 2nd child born in Quebec, 1st child born in Swanton, Vermont; petition documents indicate the first presence in Vermont for this family is birth of first child in 1808 (SSA 2005, FTM) (see Appendix A); 297 individuals on the group's current 2005b membership list claim descent from this ancestor;

The SSA has consistently claimed descent from the Missisquoi Abenaki or Western Abenaki Indians. The only documents in the record that name members of the Missisquoi Abenaki Indian are the Fort Saint-Frederic register covering the 1733 to 1756 period (Roy 1946, 268312) and probably the 1765 Robertson lease (Robertson 1765.05.28, see Appendix B). However, the Fort Saint-Frederic register listed most of those individuals who were identified as Indian only by their given names, 122 did not indicate where the individuals were living at the time, and did not provide information on genealogy or family relationships beyond the parent-child relationship. In addition, none of the 20 "primary" ancestors claimed by the petitioner are known to have been born before 1775, and the petitioner did not submit information on their parents or earlier ancestors. Therefore, it is not possible to connect the petitioner's claimed ancestors to the individuals listed on the Fort Saint-Frederic register or the Robertson's lease, and the petitioner does not document such ancestry in its FTM register database. Names of individuals listed on the Fort Saint-Frederic register were compared with later censuses at St. Francis (Odanak) and other available documents and could not be reliably linked to individuals named in those other documents or to known or claimed ancestors of the petitioner. As yet, none of the petitioner's 20 "primary" ancestors are listed on any document as being a member or descendant of the Missisquoi Abenakl or the Western Abenaki tribe as it may have existed in the 1700's.

The evidence for using "Abenaki" family names to demonstrate descent from the historical tribe as presented by the petitioner is unreliable. The available evidence does not demonstrate the petitioner's ancestors trace to a Western Abenaki or any other Indian tribe. The petitioner acknowledged this scarcity of evidence in its 1986 petition:

Identification of Abenaki individuals or groups as Indian has been quite low in all sources after 1800 except for the general accounts of "St. Francis Indians" down to 1860, some isolated citations of individual families from Odanak and Vermont in the census and town records as well as some local Indian and non-Indian oral traditions. Generally, the best accounts of the "St. Francis Indians," from the early 19th century and the Indian "swamp" or "marsh people" from the late 19th
FOOTNOTES:
122. Out of approximately 200 Abenaki individuals identified in this register, the surnames of only 17 individuals were recorded.

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and early 20th century were not specific to the contemporary Abenaki community. The twenty or so baptisms from 1903 to 1922 which showed "Indian" origin were the only clear connections of the present immunity to recorded Indian ancestry before the first tribal roll (1976) and 1980 census shoed several hundred Indians living in Swanton, Highgate, St. Albans and the immediate area. (SSA 1986.05.23 [Addendum B], 304) (123.)

As best as can be determined, it appears the SSA's researcher, John Moody, developed the connection between names of the claimed ancestral family lines and the Indians at St. Francis based largely on "variations" of names found on 19th century lists of Indians at St. Francis in Quebec. Moody described this process in his 1979 unpublished manuscript, which formed the foundation of the group's arguments in the 1982 and 1986 submissions. He stated as follows:

The majority of the families discovered so far lived on Missisquoi Bay and Lake Champlain with the other areas being maintained by individual families at different periods from 1820 to 1850. Not one of the families is cited as being "Indian," "Abenakis," or anything of the kind. The names are variants of those familiar at Odanak like Panadis (Benedict), Lazare, Gonzague, Benoit, Laurent, Denis, Saint Denis, Marie and Maurice in various combinations with names developed d exclusively at Missisquoi like Campbell, Peter, Coulomb-Cadoret, and Francis. French names later found as Abenaki names at Missisquoi and Saint Albans Bay included Guyette, Deno, Boucher, Tiriac, Gauthier, and others. (Moody 1979, 49)

The researcher apparently took the family names of SSA members and searched for them on lists of the Saint Francis Indians at Odanak in the late 18th and 19th centuries. When he did not find the exact name, he then searched for "variations" of those names at St. Francis (Odanak), in local church, land, school, and census records from the 19th century in northwestern Vermont, or which came from the "oral traditions" of current members. Once Moody found presumed similarities between the name of a SSA family line and names on the other records, he designated these family lines "Abenakl." Moody incorporated this research into the group's 1982 petition and further expanded it in the 1986 submission. Such a process is not based on sound genealogical, anthropological, or historical methodology. As a result, the petitioner has identified families as Western Abenaki mainly on speculation, not because the record demonstrate they were identified as Indian or as part of an Indian community. The petitioner has not provided evidence to show that the family lines from the 19th century listed as St. Francis Abenaki have descendants or any social or historical connection to the current members of the group.

Another difficulty in the use of family names is that the SSA provided almost no documentation to trace the evolution of how and when the claimed family name changes may have occurred, or how they might connect genealogically to actual family names on specific lists of Odanak Indians. While the petitioner described the content of various land, church, school, and census

123. The "twenty or so baptisms from 1903 to 1922" are discussed in criterion 83,7(a), (b), and later in this criterion.

They are actually birth records and do not clearly identify Indian ancestry.

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records, and abstracted lists of names of claimed ancestors from them, it did not submit copies of them. Nor did it provide most of the referenced interviews or genealogical materials. The petitioner is encouraged to submit copies of these documents.

While it is not uncommon for names to have various spellings in the historical records, such as Benedick for Benedict or LaDue for Ladeau, It is very unusual for the same individual to be identified by a completely different surname. The SSA has not shown that these widely different names were indeed "variations" of the petitioner's ancestors' names. For example, according to the petitioner, the Benedict family of Alburg and the Lake Champlain Islands included the name variations of Bartem, Barnaby, Benway, Pandike, Prado, and Paradee. The Glode family of the same area had the possible variations of Latto, Ladue, Glodue, Ladura, Latuse, and Ladeau. In the case of the Hanks family of St. Albans, the claimed versions were Hinis, Hennisse, Hanass, St. Anus, Hance, Hanes, Hances, Arsinau, Hence, Henry, Hendrix, Hendrin, Henren, Henris, and Hendrick. Yet, the Hanks family of nearby Swanton had the unexplained name alternatives of Hance, Anus, Amis, Ascino, and Arseno. The Mortis family of St. Albans included the name shifts of Moritt, Murray, Merrick, Morice, Morriseau, Moricette, Morquis, and Marais. The Morits family of Swanton was attributed with the undocumented name variations of Morat, Maray, Morin, Morreson, Mercik, Merreik, and Morris. Numerous other examples of multiple name variations could be described (SSA 1196.01.17, Appendix IA, 1-24). Without proper genealogical evidence, such as birth, baptismal, marriage, and death records or deeds, probate records, or church records that identify the petitioner's ancestors by whatever variant spelling of their names there may be, the SSA's assertions concerning these widely diverse names are without support. Name changes are accepted if it is clear from a large variety of records that over time a family's name has actually altered. At present the petitioner has not demonstrated that these different surnames actually apply to their ancestors.

It should be pointed out that the surnames contained in documents listing individuals at St. Francis (Odanak), vary only slightly over approximately 60 years, from the 1832 St. Francis return (Nominal Return of the Abenaquois Indians 1832) to the 1893 St. Francis pay list (Indian Distribution Pay List 1893.04.14). Examination of the available rolls of the St. Francis Abenaki at Odanak taken during a period of 60 years (Nominal Return of the Abenaquois Indians 1832; Recensement du Villages 1873, 1875; Indian Distribution Pay List 1893.04.14), and Day's examination of leading St. Francis family names (Day 1981, Table 2), indicates very little variation in surnames save phonetic spelling variations which do not significantly change the pronunciation of the surname, for example, Capino for Capineau, Camp for Kemp, Msadaquis or Msadoques for Mesatoncous, and Nagazoa or Nigajoie for Nigajowa or Negajoua. A comprehensive examination of the origin and evolution of leading St. Francis family names compiled by Gordon Day in 1981 from various 19th century censuses and lists at Odanak shows relatively few name variations during a time when the petitioner claimed its ancestral family names were undergoing frequent, major alterations (Day 1981, Table 2; also 73-107). With so little variation of known Indian surnames in official documents over such an extended period of the 19th century, the SSA's claim that its ancestors' surnames changed into so many variations, with grossly differing spellings and pronunciations, is unconvincing.

Another complication in the use of family name variations culled from historical lists of St. Francis Indians of Quebec is that only 8 current members of the petitioner (out of 1,171

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members) claim descent from that Indian group. In the case of 14 additional claimed descendants, it is unclear whether they are actually current members of the group. The available evidence does not demonstrate that the remainders of the petitioner's claimed ancestors descend from the St. Francis Indians of Odanak or an Indian entity in Vermont which evolved from them. Day's exhaustive research led to the conclusions that by 1800 "practically all of the Indians originally living in Vermont, New Hampshire, western Maine and the Connecticut Valley in Massachusetts, excepting the Pigwackets, had moved to Odanak" (Day 1981, 117).

These problems with its researchers' use of family name variations were not unknown to the petitioner. In April 1979, Gordon Day wrote the petitioner's researcher, John Moody, and advised him to be cautious when dealing with Western Abenaki family names. First, he urged caution in using church registries because it was "uncertain" if the people listed in them were "residents in the vicinity or transients." Next, he advised Moody on the difficulty of dealing "subjectively with the degree of `Indians' of persons with French or English family names." Finally, he counseled interpreting "family names as disfigured Indian names" involved "a high degree of subjectivity" (Day 1979.04.27).

Moody himself describe some of the dangers in relying on family names in his 1979 unpublished study. Regarding the Morins or Maurice family names, he stated they "illustrate[d] the difficulty in accurate tracing of the family names at this time. Aside from the frequent absence of surnames in the Abenaki women, the Maurice name has at least five [sic] major variations including Moricette, Morisseau, Molisse, Morrisey, Morris, and Morits" (Moody 1979, 43, n. 22).

Gordon Day reiterated his concerns about the use of family names to show Western Abenaki ancestry in his 1981 Identity of the Saint Francis Indians, a work focusing on the pre-1850 period. He warned the "student who would identify Indians and trace families in the records" was "faced with two sets of formidable problems, one set arising from Indian naming practices and the other arising from the nature of the records" (Day 1981, 73). Regarding the first set of problems, an Abenaki child could have several first names, including a childhood name, a teenage name, a nickname, and a baptismal or official name which had French, English, and Indian equivalents (Day 1981, 73). The original Abenaki family name was generally replaced by an official French surname, which was normally used when dealing with whites or officials, while the Indian name remained known as the ancestral family name. Sometimes the given name of a father also became the family name of the child (Day 1981, 73-74).

Official recorders also compounded the confusion. Day explained:

The early church records often contain only the French baptismal names, because the recorder was either unaware of or indifferent to the correct Abenaki name. Given names and family names derived from given names are often reversed, presumably because the recorder did not know which was the family name...European and Americanized names may exist side by side for the same person, such as Benedict and Panadis. One problem is pervasive—the common inability of the recorders who wrote the censuses and other documents to understand and write Abenaki names in any suitable orthography. The sole [sic] exception to this

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in the materials used in this study are the two documents prepared in the 1840's by or under the direction of educated members of the band. (Day 1981, 74)

The SSA echoed and even cited most of Day's concerns regarding "the problem of Abenaki names" in its case as part of a five-page discussion of the issue located in Appendix D of its 1982 submission. It stated as follows:

Genealogical research on Abenaki families in northwestern Vermont has been complicated by the changes in Abenaki names, especially in the period following the American Revolution and the first few decades of the nineteenth century. There are two aspects of the problem. The first is simply the lack of any comprehensive records for the group as a whole. The other is the variation in names that occurred as a result of cultural interaction and intermarriage with French, Dutch and English settlers. (SSA 1982. 10.00 Petition, Appendix D, 206)

It added,

Were it only these problems of the records, the research on Abenaki families in northwestern Vermont would be difficult enough. But Abenaki naming practices in the context of French and English record-keeping make the tracking of names unusually complicated. Not only are the records sparse, but names change radically and unpredictably as they enter the record books of Europeans. (SSA 1982.10.00 Petition, Appendix D, 206)

Without copies of primary records, and the appropriate analysis of them by the petitioner, to trace the group's claimed ancestors and the evolution of their family names to copies of rolls or other documents created when those ancestors call be identified clearly as affiliated with a historical tribe, the available evidence does not demonstrate that the family name variants presented by the SSA are accurate or that they demonstrate descent from a historical tribe.

Documents in the record which name the claimed ancestors of the SSA's members consist primarily of abstracts of U.S. Federal censuses for 1800-1860 and 1900-1910. U.S. censuses generally provide only limited evidence for tracing descent from persons living between approximately 1790 and 1840 because only the heads of households are named and records generally do not identify individuals as being members of an Indian community. These documents provide information on head of household, age, place of birth and, beginning in 1850, names, ages, and birthplaces of family members. Later censuses included, for example, information such as parents' origins, kinship relations, household head, occupation, wealth, education, and number of children born to a mother and number of those children then surviving. Therefore, these 1800-1860 and 1900-1910 censuses do not provide evidence of Indian or Missisquol Abenaki ancestry for any of the petitioner's members or ancestors of the petitioner's members except perhaps for those 8 current members who descend from Simon Obomsawins (1850 Odanak-aft.1910). It is uncertain, but likely, that this Simon Obomsawin is the same individual named as "Simon Obumsawin fils" on the 1873 and 1875 St. Francis (Odanak) Abenaki censuses. Day interviewed the Obomsawins frequently about Abenakis language and the

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Obomsawin themselves identified specific people living on the reservation as their relatives; Day also spoke to people living on the St. Francis reservation who remembered Elvine (Obomsawin) Royce (Day 1948.07.00-1962.11.13, 1-2, 4, 14, 19). If Day's identification of the family as St. Francis Abenaki is correct, then the descendants of Mrs. Royce would also be St. Francis Abenaki. (124.) Although the tribal entity from which the Obomsawins claim descent is not designated on the Canadian reservation census, the reliability of Day's ethnographic research strongly suggests that the Obomsawins and Royce descendants are indeed descended from a member or members of the Canadian St. Francis Abenaki, although there is no documentation to support the petitioner's claim that they are Missisquoi Abenaki descendants. However, the Obomsawins left the Canadian tribe (Elvine Obomsawin Royce told Day in August 1956 that she left St. Francis in 1907 and had not returned since (Day 1948.07.00-1962.11.13, 4)), and there is no evidence in the record that the Royce descendants have continued to interact with the St. Francis Abenakis on a regular basis.

There is currently no documentation in the record to substantiate any genealogical connection between named Missisquol Abenaki or Western Abenaki individuals from the 18th and early 19th centuries and persons claimed by the petitioner as Western Abenakl Indian ancestors. The petitioner relies primarily on census information documenting Canadian birth for 12 of these ancestors but Canadian birth alone is insufficient to demonstrate the connection to the known Abenaki at Odanak/ St. Francis in Canada.

The SSA claimed that all persons listed on the petitioner's 1995 membership list descended from one of the 20 named ancestors. However, the primary genealogical documentation (such as birth records, baptismal certificates, marriage licenses, military documents, or death records) submitted for members named on the group's 1995 membership list did not verify the ancestry of the individuals listed. Sources for the data cited in the family history files and oral histories, including Abenaki and non-Indian "oral tradition" and other material, were supposedly included as part of Addendum C, which the petitioner never submitted (SSA 1996.01.17, Appendix 2, 99; Salerno 2001.10.23). OFA researchers were unable to document the asserted genealogical descent for the individuals named on the petitioner's current 2005b membership submission.

As far as can be determined, the SSA does not assert Missisquol Abenaki or Western Abenaki descent through any ancestors other than the 20 "primary" ancestors named in the petition. (125.) Further, the 20 "primary" ancestors claimed by the petitioner did not live contemporaneously or in geographic proximity to one another. The petitioner furnished no evidence generated in the lifetimes of these 20 "primary" ancestors identifying them by tribal affiliation or even as Indian, except for Simon Obomsawins and Jean Charles Nepton. Thus, the 20 "primary" ancestors appear to be simply the earliest known individuals from whom current members do descend, rather than members of a historical tribe from which current members must descend. If the petitioner wishes to pursue Federal acknowledgment, it must provide evidence acceptable to the Secretary of descent from the historical tribe.
FOOTNOTE:
124. Elvine (Obomsawin) Royce has 8 descendants listed on the petitioner's 2005b membership list.

125. A total of 3 members on the 2005b membership list appear in the petitioner's FTMTM database as descendants of "Chief Louis Annance" (1794-1875), alleged to have been Chief of the St. Francis Indians at some point.

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

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

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

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

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Francois Nichowizet[?],

Annus Jean Bapt. Momtock, and
Joseph Compient.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(see the document itself) 

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

 

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

 

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

FOOTNOTES:

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

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

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

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

No such affidavits were submitted by the petitioner.

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

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

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

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

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

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

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

(b) Oral Histories

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

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(c) Personal Information

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

(d) Other Sources

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

Analysis – Descent from a Historical Tribe

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

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

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Criterion 83.7(d) requires that

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

Governing Document

Current Governing Document

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

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

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

Previous Governing Documents

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

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

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

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

Governance and Membership as Presented Miscellaneous Documents

Leadership

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

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

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

Membership

(a) Membership Eligibility Criteria

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

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

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


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

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

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

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


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


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

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

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(b) Resignation and Removal

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

Analysis

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

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

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

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

Conclusion

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

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

Petitioner's Claims

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

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

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


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

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

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

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

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Genealogical Evidence: Records Reviewed

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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