Open Letter to Vermont Gov. Jim Douglas of late March 2008 Pages 9-22:

people in the state, believe that they cannot receive a fair hearing on the highly charged political issue of recognition by the Commission. In addition the Abenaki communities believe that the VT Native Commission Chair is compromised due to his inability to get true information from his commissioners. We respectfully request that Governor Douglas revisit his appointments to the Vermont Commission on Native American Affairs, and, as stipulated in S. 117, consult with the organized tribes in appointing new commissioners who will more effective, honest, and representative of Vermont's Indigenous community.

signed (in alphabetical order)

1. Jeffrey Benay, Ed. D. Former Chair, Governor's Commission on Native American Affairs;

2. Brian Chenevert, Chief, Koasek Traditional Band of the Sovereign Abenaki Nation, Newbury, Vermont,

3.Todd Hebert, President, Ndakinna Cultural Center and Museum, Inc.

4. Roger "Longtoe" Anthony Sheehan, Sagamo (Chief)

5. Jim Taylor (Elder)

6. Rose Hartwell (Elder)

7. Vera "Longtoe" Sheehan (Genealogist), El-Nu Abenaki Tribe;

(Person's from 4 to 7 part of the El-Nu)

8. April Merrill, Chief, St. Francis Sokoki Band (Missisquoi), former Commissioner, Governor's Commission on Native American Affairs

9. Nancy Millette - Doucet, Director, White Pine Association, and Koasek Traditional Band

10. David Skinas, former Commissioner, Governor's Commission on Native American Affairs

11. Luke Willard, Speaker and Trustee, Nulhegan Band

12. Fred Wiseman, Ph.D., former Commissioner, Governor's Commission on Native American Affairs

Supporting references with complete or abstracted primary documentation.

(1) Application for Vermont Commission on Native American Affairs

Job Description: the Vermont Commission on Native American Affairs seeks highly experienced and motivated Vermont residents in Tribal government, academia, the arts, and public service with significant skill in Native American affairs, preferably in Vermont or the immediate region. Experience in Vermont indigenous cultural, grant writing, public and media relations, education, informational technology, cultural resources protection and political science a plus.

Name:

Current professional position or vocational status:

Describe experience in Native American cultural, political, artistic or spiritual affairs:

Describe experience in local, state, or national commissions, organization etc. that pertain to Native American issues:

If applying as an individual Native candidate for the Commission please list the historically verifiable Tribal Band (this is optional, but is desired to give us a wife diversity of Native participants as possible.)

Please write a description of why you believe that you would be an asset to the Commission.

The candidate shall adhere to the code of ethics included herein.

(Attach a resume and two letters of recommendation from people who are aware of your contribution to Native American culture or politics.)

Code of Ethics (Draft Version of 4/12/06 from Mr. Donald Stevens)

(a) No member of the Vermont Commission on Native American affairs (the "Commission") shall have any interest, financial or otherwise, direct or indirect, or engage in any business or transaction or professional activity or incur any obligation of any nature, which is in substantial conflict with the proper discharge of his duties in the public interest serving on the Vermont Commission on Native American affairs (the "Commission").

(b) No member of the Vermont Commission on Native American affairs (the "Commission") shall engage in any business or professional activity which will require him to disclose confidential information which he has gained by reason of his official position or authority without permission of the Commission.

(c) No member of the Vermont Commission on Native American affairs (the "Commission"), member of the legislature or legislative employee should disclose confidential information acquired by him in the course of his official duties nor use such information to further his personal interests that are not approved by the Commission.

(d) No member of the Vermont Commission on Native affairs (the "Commission") shall use or attempt to use his official position to secure unwarranted privileges or exemptions for himself or others without the approval of the Commission.

(e) Any member of the Vermont Commission on Native American affairs (the "Commission") shall not, by his conduct, give reasonable basis for the impression that any person or organization can improperly influence him or unduly enjoy his favor in the performance of his official duties, or that he is affected by the kinship, rank, position or influence of any party or person.

(f) Any member of the Vermont Commission on Native affairs (the "Commission") shall not endeavor to pursue a course of conduct which will not raise suspicion among the public that he is likely to be in engaged in acts of violation of his trust.

(g) Any violation of section (a) through (f) listed above may constitute disciplinary action, seizer of items obtained through the misconduct, fines set by the commission, and/ or removal from the Commission.

***Note: member constitutes person serving on the Vermont Commission of Native American affiars, their family members, and any businesses where that they may gain profit or compensation from.

(2) Letter of Chief Brian Chenevert, Koasek

To Whom It May Concern:

I am writing this letter to express my opinions and concerns regarding the current Vermont Commission on Native American Affairs. The Koasek Traditional Band has had representatives attend many of the commission meetings over the past two years and had had many conversation and correspondence with the commission chair Mark Mitchell. Based on these interactions I do not feel that the Koasek Traditional Band was ever represented by the commission. The main purpose for any state commission of Native American Affairs is to act as a liaison

between the state government and the tribes of that state. The Vermont commission has severely failed to act in this regard. Not once has this current commission reached out to any of the long standing Abenaki groups in the state of Vermont. Rarely has this current commission reached out to any of the long standing Abenaki groups in the state of Vermont, and when it did they did not heed the advice given even when it was substantiated with legal precedence set in other states. This commission has worked soled by itself for itself. We have brought many concerns to the commission about amending Bill S. 117. I have explained over and over again to the commission our many concerns about their version of the amendment for S.117 and provided them with legal precedence set previously in other states across the U.S., particularly regarding providing genealogies to any state agency or the commission as this would be a clear violation of our sovereignty. Not only have they not worked with us, they have ignored us to the point that they are now working against us. A perfect example of this would be when two commission members provided testimony at the recent legislative committee hearing on the amendments for bill S.117 as individuals and not on the behalf of the commission but failed to state that point during their testimonies. Additionally, one of these commissioner members forwarded numerous email correspondence to the commission on to outside interests groups who do not reside in Vermont in an effort to draw as many people to the committee hearing as possible to voice their opinions against the Koasek and Missisquoi Abenaki. The behavior, inability to act in an unbiased manner and the overall lack of professionalism by some members of the Vermont commission on Native American Affairs has been appalling and the majority of Abenaki people are anticipating the expiration of their terms in July 2008 so that they can be replaced.

Sincerely,

Signed electronically on 03/06/08

Chief Brian Chenevert

Koasek Traditional Band of the Sovereign Abenaki Nation

Newbury, Vermont

(3) Letter of Nancy Millette, Koasek Spokesperson

I have attended many commission meetings and have had many conversations with Mark Mitchell over the last two years. I can honestly say I do not believe the Koasek Traditional Band was ever represented by the commission. I have neither seen nor hear from them do anything for or with us. I have brought many concerns to the commission about the drafting of the addition to Bill S.117. I arranged a meeting with Governor Douglas to ask him by way of executive order to give the power to the commission to recognize tribes. I invited Mark Mitchell to accompany me to this meeting. What came out of that meeting with Governor Douglas was a task force to work with Mark Mitchell over the summer to draw a new bill. I offered and a friend of mine offered to help finance a Lawyer for the Native Rights Fund or one they would suggest who was schooled in Indian Law. I was never asked to help the commission with that offer. I have explained over and

over again to the commission many concerns about giving genealogies over to the state or even the commission. They didn't pay any attention to my concerns. I have not seen any respect given to the historic tribes St. Francis Sokoki Missisquoi or to Koasek. We have not been represented in the bill or during any of the drafting. I have sent what I thought were private emails to Mark Mitchell to only find they have been sent to all commission members who then sent them out to their friends outside of the commission until those private emails were all over the message boards on the Internet which has caused a great deal of slander, bashing and more division within the Abenaki Territory.

Signed on this Day March 6, 2008

Nancy Millette (now married name of Doucet)

(4) Letter of Chief April Merrill, Missisquoi

To Whom It May Concern:

For the record, I have been saying for months the Vermont Commission on Native American Affairs does not represent me or my Tribe. I have stated this publicly on several occasions. We don't feel they are representing us. After listening to Commission members testify Friday February 29, 2008 in Montpelier it is very clear they do not represent us in any way, shape, or form. I guess what they don't realize is that if it wasn't for Missisquoi they wouldn't be sitting on a Commission today. When Commission member Jeanne Brink was testifying, Commission member Judy Dow was jumping up and down to help her answer a question that was asked of her (Jeanne) and wouldn't even let Jeanne answer the question herself. I'm sorry I thought this made Jeanne and the Commission look like fools. This made me wonder, does Judy do all the talking for the Commission? When Commission member Judy Dow testified she said we (meaning Missisquoi) didn't have State or Federal Recognition. Non of these other groups have even filed for Federal Recognition so what difference does this make? As a Commission member Judy should be required to know in how S.117 reads now wouldn't you think? She didn't even know that Missisquoi is the only historical tribe recognized by name in S.117 as it reads now and yet she claims to represents all Abenaki or Native Americans in Vermont by serving on this Commission. We are all trying to figure out just what it is that this Commission has done for any Native American in Vermont since they have been in existence? Some Commission members represent their own interest and don't care about the entire Native population in Vermont. I can't believe that the Commission held a meeting to let all these out of State groups have a forum. I though the Vermont Commission was set up to deal with Vermont issues and Vermont Native peoples. No wonder the Senators & Legislators do not know who is who. It must be very confusing to them to have out of State people coming here to testify. I do not understand the reasoning behind this myself. Most of the testimonies given by these people were to discredit Missisquoi. I believe Missisquoi has proven itself over and over. However, we can't say that about others that have come out of the wood work. As I stated in earlier testimony where were these clans, bands, or sub groups when the Jane Baker study was conducted back in 1976? How can these Commission members be given the power to be judge & jury of who is and who isn't Abenaki in 

this state if each one of them have not proven their authenticity and/ or citizenship in one of the remaining historically verifiable bands in Vermont. Where is the fairness and legitimacy in this process? With that said the Abenaki Nation of Missisquoi St. Francis/ Sokoki Band and I have no confidence in the Vermont Commission on Native American Affairs as it stands now.

Chief April St. Francis Merrill

Abenaki Nation of Missisquoi

St. Francis/ Sokoki Band

(5) Statement of Nulhegan Band

Since the passing of S.117 and the appointment of the current VCNAA commissioners, the Nulhegan Band has had zero representation on a commission that was formed to develop S.117. Not one single call regarding recognition or S.117. The once or twice that we talked with any commissioner; they were only seeking support on issues not pertinent to Nulhegan's interests that we had no knowledge of. When I testified before Senate Committee on February 29, 2008, I only supported the commission draft because Nulhegan was absent in draft four. We encourage a draft that is inclusive to Missisquoi, Koasek, AND Nulhegan as the three populated historical Vermont Abenaki Bands with respective appointments to VCNAA. While I do not support the notion that Jeanne Brink is acting on behalf of her Canadian Band at Odanak, it is apparent to me that VCNAA is not working with, assisting, or representing the needs and concerns of any of the aforementioned Abenaki communities. I'm not quite sure what it is that they do. Regarding the Odanak Abenakis of Vermont AKA the Obomsawin Family of Vermont, a family unit led by Richard "Skip" Bernier, of which Tim Delabruere is a member, I find it suspicious that Tim and Richard both testified against S. 117 yet Tim was appointed to the commission formed by its passing into law. Regardless of what transpires, the VCNAA must be representative of Missisquoi, Nulhegan, and Koasek.

Luke Willard

Nulhegan Band Speaker and Trustee

(6) Letter of El-Nu Abenaki Tribe

To whom it may concern.

We have had concerns over the VCNAA and we believe the commission is compromised. We voiced our concerns, when we testified at the VCNAA meeting back in October 2007, then again February 15, 2008 at the Senate testimony. Denise Watso's letter clearly shows the attitude Odanak has toward Vermont Abenakis who are not members of Odanak. Additionally, a member of the VCNAA forwarded numerous private emails to at least one individual (who the email was not intended for). As a result, this email was posted to numerous message boards and forums, causing a great deal of slanderous controversy. We believe some of the VCNAA commissioners are honorable and have been working hard, however the commission has been compromised and it is not a fair representation of our interests. Thank you for your time and consideration!

Sincerely,

El-Nu Abenaki Tribe

Signed this day March 11, 2008 (this date will show up here instead of the next page because such information fits to this particular letter in which it belongs to)

(7) Portion of E-mail by Denise Watso condemning Vermont Abenaki groups

Why is the Vermont Commission on Native American Affairs seeking the power to recognize groups as Indian, when only two of its members can provide evidence  (sic) of their Abenaki ancestry? How can we trust this Commission to evaluate historical evidence, when they have not been able to document their own claims? ...Who is this "Koasek" group? And why should the "St. Francis/ Sokoki group take precedence in his proposal after the Vermont Attorney General and the Bureau of Indian Affairs found that they couldn't provide evidence (sic) of Indian, let alone Abenaki? ...How do you think many of us feel seeing strangers, not knowing most if not any of them are native, portraying us in public? And the press and the public want to see the play-acting... We demand better... Should self-identified groups and individuals wish to secure recognition, they should come to us to present their case, asking for our support. They should do so in humility rather than arrogance.

Denise Watso, NY Liaison, Odanak (Quebec) Reserve, Albany, NY, Feb. 26, 2008

(8) E-mail dsavowing an Odanaki connection and threatening "other action"

From: Jeanne ******z@aol.com

To: ********i@comcast.net

Subject: Odanak

Date: 25 Feb 2008 )4:01:54 +0000

Nancy

I would like to settle once and for all that I do not represent or have the interest of Odanak when I am serving on the Commission? I have the interest of all Native Americans in Vermont? I'm sure Odanak would get a big laugh if they heard that people think I am representing Odanak? I was born and raised in Vermont and a Vermont Abenaki? People say that white people have been biased and prejudiced against Native Americans and now I hear members of your band being biased and prejudiced against other Abenaki such as myself? How unfair!! What are they afraid of?? Are they not confident in themselves or so paranoid that they have to attack other Abenaki?? They need to take a look at themselves and ask what kind of Native American are they? I hope I don't hear this anymore or I will have to take other action.

Jeanne A. Brink

(9) Senate testimony of VCNAA Commissioner Jeanne Brink, 2/29/08

There are two of us that have family ties to Odanak and I am one of them. I was born and raised in Vermont, I am a Vermonter; I have never lived in any other place. I am a Vermont Abenaki. To say that we (Brink and De la Breuere) are on the Commission representing Odanak is a lie.

(10) Burlington Free Press article identifying Commissioner Jeanne Brink as Odanak Band member.

"I think it will solve the problem," said Jeanne Brink of Barre, an Abenaki

basketmaker who is a member of the Vermont Commission on Native American Affairs. She is able to sell her work as Native American as a citizen of the Odanak Reserve in Quebec, but she said she works with other Vermont Abenaki artists who cannot.

Terri Hallenbeck, Burlington Free Press October 3, 2007

"I was surprised by her saying that (that Brink was Vermont, not Odanak Abenaki) the other day too. I don't have my notes from that October conversation (referred to in the quote above). She never contacted me to say that I got it wrong."

Terri Hallenbeck, The Burlington Free Press March 3, 2008

(11) Part of Jeanne Lincoln Kent's public e-mail

At Friday's (Senate) hearing, one member (Jeanne Brink) came over to me and asked why I was sitting with April Merrill and Nancy Millett, then quietly said that if the Senate did not pass the Committee's bill, she was going to recommend that the no recognition be given to anyone. (My husband was sitting between us and heard the conversation). Further, when giving testimony she stated she was not affiliated with Odanak. I am attaching a news item (See above Burlington Free Press article #8 extracted) which indicates differently.

Jeanne Lincoln Kent

3/1/08

(12) Statement of Indigenous Vermont identity by Timothy de la Breuere

"I'm a Vermont Abenaki"

Tim de la Bruere VT Native American Commissioner,

Feb 25, 2008

(13) Political expectations of Timothy de la Breuere

Leaders in two nations participated Friday afternoon in the ceremonial swearing in of city resident Tim de la Bruere, 24, as a member of the Vermont Commission on Native American Affairs. One leader was Vermont Gov. James Douglas. The other was Chief Gillis Obomsawin, leader of the Odanak band of Abenaki. ...Yet once the bill (S.117) became law, according to (Duncan) Kilmartin, he and (Michael) Marcotte pushed to have a grandson of an Odanak band member ("Skip" Bernier) sit on the commission to bring that perspective to its deliberations. "You have a unique opportunity to represent your heritage." Kilmartin said to de la Bruere. Chief Obomsawin said he was proud to have a representative of a recognized band on the Vermont commission.

Robin Smith, ICaledonian Record, September 4, 2006

(14) Statement by Fred Wiseman, Ph.D. March 8, 2008

In the fall of 2003, there were letters sent by Odanak officials to historic preservation officers in Maine, New Hampshire and Vermont, specifically to disrupt the cordial relations between these states and Missisquoi Abenakis. I believe that Chief April Merrill retains copies of these letters. Richard Bernier's group was asserted in these letters to be the only true representatives of Vermont (or American) Abenakis. It took me and April (Chief April Merrill) a lot of phone calling to straighten this problem out. I am not sure that a slight misgiving still remains (in the spring of 2008) in some State government circles caused by this

attempted take over.

Fred Wiseman

Missisquoi Tribal Historian, March 8, 2008)

(15) Statement by Luke Willard, Trustee, Nulhegan Band

Tim Delabreure (sic) is a member of Skip Bernier's group, the Odanak Abenakis of Vermont.....He told me there wasn't an Abenaki in this state except for his family.

Luke Willard, Nulhegan Band, Sept. 5, 2006

(16) E-mail Transmitted by Luke Willard, Trustee, Nulhegan band

I've read the agreement you and Dawn Macie both have with Fred Wiseman. I know what you think your getting into. Just make sure you understand the process. The second this amendment will get out of Vince's (Rep. Vincent Illuzzi) committee it will go into about 10 before moving into the House of Reps. Any individual can attend committees and argue to change the wording. Do you think your band will stand a chance? Will you and Dawn be able to attend 4 or 5 committee meetings a week? At any rate the amendment will fail as Gov. Douglas has already expressed his intent to veto. This isn't an issue of it passing or not, it's an issue of trust, and you and Dawn have completely showed me true colors here. Just remember that this amendment was the Abenakis only shot here. Senators are getting very weary and tired of all the showing around. Its an election year. If it fails now it will not be brought up again for a long time. See you tomorrow if your there and I've been looking over some letters about your cultural center. be well Tim de la Breuere

(17) www.unh.edu/users/unh/acad/libarts/cnec/exhibit/dow.html

(18) uvm.edu.~crvt/?Page=eventsSP07.html&SM=eventsmenu.html  

(19) www.nativebiz.com/community/News.file=print,nid=17918.html

also Senate Testimony on 25 March 2008, "My name is Judy Dow, I am an Abenaki member of the Vermont Commission on Native American Affairs from the Winooski group of Abenaki family bands in the Burlington, Colchester and Winooski area."

(20) "For Artisans, Recognition Discrepancy Spells Identity Crisis"

Associated Press, May 5, 2007

(21) Text of Chief Merrill's "sense of conversations" with Nancy Comstock

FYI, I'm writing to tell you about a phone call I received on March 1, 2008 at 8:50 AM. A woman named Nancy Comstock called me at my home, she claimed to be Judy Dow's sister. She said she supported me, my efforts, and what I do for my people. She apologized for her sisters actions and said she wasn't impressed with her actions. She said they are not native. She said Judy has made a living on the Abenaki name. She said they never grew up at the interval and the the stories that Judy tells about the gathering and walking on the trails is all lies. She said she didn't know why Judy tells lies, and that she lies so much she believes herself. I told her we know about that we have one of our own who does this by telling people, her grandmother was born in a cave. I told her they must think by telling these stories this makes them more Abenaki. I thanked her for calling. Told her I need to get going because I was going to New Hampshire this morning for a funeral.

 

After thinking about this phone call for a couple of days, I decided I needed to call her back. I had questions I needed answered. So, I tried to call her back and we played phone tag for a couple of days. Last night March 6, 2008 I finally talked to her again. I asked her where they grew up. She said in Burlington, but they summered in South Hero most of the time. She asked me why I wanted to know this. I said that Judy has been telling people she her family is from Moccasin Village and the interval and she was from the Winooski family group of Abenaki. She said she had never heard of Moccasin Village and that they didn't grow up at the Interval, but that it was not at the interval and that it was in the New North End. She said they grew up in Burlington not Winooski. She didn't know where Judy got any of her information from because nobody was raised in the Native way or ever talked about it at all. She said Judy is pretty convincing with the stories she tells. She said Judy claims the Native side comes in on her grandfather's wife's side of the family. I asked her what their maiden name was she said Fortin. I asked what her grandmother's name was that the Native side was on she said she thinks Rocheleau but was not sure. She said Judy gave her some genealogy once and it had everyone listed on it but the problem was she (meaning Judy) had all of her sisters birth dates wrong so she didn't believe the rest of it and threw it out. After all Judy should have known when their birthdays were, they were sisters. She said there may be Native blood but she doesn't know for sure or not. I told her that Judy had applied for citizenship with our Tribe and she didn't meet the requirements and that she needed more documentation. We didn't say she wasn't Abenaki but, she didn't have the paperwork to prove it at the time she applied. She never provided us with any other documentation showing where an Abenaki line came in on her family tree. We knew she had learned to make baskets from Mali Keating (who by the way was Abenaki and her family came from Odanak) and that Judy had also been doing educational stuff with the school we figured this is why she applied for a citizenship card. We believe this is why Judy is using her position on the Commission to attack Missisquoi every chance she gets is because we didn't approve her application back when. Since she was already claiming to be Abenaki. I guess she thought it would be easy for her to get citizenship with us and she found out that it is not easy we have requirements that need to be met. Then we find out that years later she is saying she is from the Winooski Family Bands of Abenaki, which is not a group we have ever heard of before. She talks about Moccasin Village, and we have never heard of this before either. I told Nancy that when I testified the first time I said that whom ever is coming forward saying they are Abenaki that they should have to prove it with Historical Documents and not just because they say so. I told Nancy there has been a lot of new groups coming out of the wood work not just the one Judy speaks of and most of them came out just before State Recognition. I told Nancy there has been a lot of new groups coming out of the wood work not just the one Judy speaks of and most of them came out just before State of Vermont the way the law reads now. They do not have to show any historical proof to anyone. But, that Missisquoi is the only Tribe by name mentioned in the bill. Then, I told her even Historians have never of Moccasin Village or of any Winooski based group.

 

Yes, there are sites in Winooski. I told her Judy hasn't really said to much more about Moccasin Village since I put the word out to people that I would like her to show us or anyone the historical documents that have the name "Moccasin Village" on them or the Winooski group. First of all, Abenakis wouldn't have used a white man's name to name a village to begin with. Nancy said her father's parents got divorce when he was around 10 or 12 and shortly after his mother died and he was raised in the orphanage. She said he was definitely not raised in the Native way either. They were not raised knowing they were Indian. She gets very upset when Judy talks about the colonist and what they did to the Native people because she (Nancy) believes she was raised as a colonist. She doesn't know where Judy gets the bit about being Winooski family group of Abenaki because they were not from Winooski. She said Judy lies so much that she believes her own lies: I asked her if she would come forward with this information. She said come forward to who? I said the Vermont Government, the Governor, Senators, Legislatures, & Suzanne Young legal council to the Governor and possibly the press. She said she would talk with Senators about this but wasn't for sure whether or not she would talk with the press because of past experience. I said she should definitely speak with Senator Illuzzi and that she should also speak with others as well and I suggested the Governor, Suzanne Young, and Senators from her area. I don't know if she has contacted any of these people or not.

She said that a Sally Pollack from the Burlington Press did a story on Judy once and that she (Nancy) called her on it. She said she told Sally she had been duped and Sally responded by saying that she only printed what she was told. Nancy said she asked Sally if she printed everything without the facts. Maybe, we should ask Terry Hallenbeck if she could look into this. She said she doesn't know where Judy gets all of her information from because no one in the family ever talked about being Abenaki or Native.

Chief April St. Francis Merrill

(22) Statement of Todd Hebert, President, Ndakinna Cultural Center

Recognition granted in 2006 was in my mind to finally give The Abenakis a status. But the other part of recognition I believe was about protecting us. The current recognition basically says anyone who claims to be Abenaki is. At least in there minds. So where are we at now. Now we have to legally say who is Abenaki. Well my feeling on that is that the people who have been making money off from our heritage for all these years are not going to fight this to the end. Judy Dow is one of those people at least from what I can see. She is bringing in people from all over to join her on this fight. Why? Because she has a lot to lose. She makes & sells baskets, she teaches classes, she is in the public spotlight saying she is Abenaki. The lifestyle she is now living could potentially come to an end since she cannot prove her heritage. Heck, her own sister says she's not native. She is viciously protecting her well being while trying to take away our recognition. It makes me ill that a person could do this to not only a group of people but a minority culture that has already endured so much pain.

(23) VCNAA Chair Mark Mitchell, VCNAA Commission notes, Feb. 25, 2008

March 14, 2008 - JDH Bill regarding "Abenaki Recognition"

Introduced by Senator Vincent Illuzzi of Ezzex-Orleans District

Senator Carris of Rutland District

Senator Condos of Chittenden District

Senator Hinda Miller of Chittenden District

Senator Racine of Chittenden District

This bill proposes to recognise the Koasek, Missisquoi and Nulhegan bands of the Abenaki Nation as the original Native American tribes residing in Vermont, grant the Vermont Commission on Native American affairs the authority to officially recognize other tribes and bands of Native Americans, and set out procedures and criteria for the commission to follow in evaluating whether to grant such recognition. 

Open Letter to Vermont Gov. Jim Douglas of late March 2008 Pages 23-31:

(24) Widespread public E-mail Posting

From: "abenakichild"
(Douglas Lloyd Buchholz)
Date: February 24, 2008 1:37:12 PM GMT-05:00
To: Abenaki_news_ issues@yahoogroups.com
Subject: [Abenaki_news_ issues] 3rd email....
Reply-To: Abenaki_news_ issues@yahoogroups.com
-----Original Message-----
From: RickPouliot@ gedakina. org [mailto:RickPouliot@ gedakina.org]
Sent: Friday, February 22, 2008 10:34 AM
To: Paul Pouliot
Subject: Urgent!!!!! Controversial Amendment to Vermont Abenaki Recognition Bill
She:kon Paul,
This is in reference to an urgent matter that concerns members of the Cowasuck band of Pennacook/ Abenaki that are living in Vermont. Apparently April St. Francis, a family leader from Swanton Vermont and Nancy Millette a group leader from the central Connecticut river (sic) valley have been working behind closed doors with Mark Mitchell (Chair of the Vermont Commission on Native American Affairs), without support or inclusion of the Commission, to push through an amendment to the Vermont state recognition bill that would recognize April and Nancy's groups as being the only legitimate Abenaki groups in Vermont. This would exclude members of all other families and tribal groups. This is a significant issue and there is a hearing on Monday 25 February 10AM - 12PM at the National Life Building - 1 National Life Drive in Montpelier, Vermont. The Vermont Commission has requested that representation from families and Bands that oppose this bill, be in attendance to present testimony. I would suggest that a representative from your band Concil (sic), speaking on behalf of the Band and family members attend this meeting.
Richard "Rick" Daniel Pouliot
For additional information, please contact Judy Dow, Vermont Commission on Native American Affairs. 802-879-6155 jdowbasket@aol. Com

(25) Fred Wiseman’s review of the 2/29/07 Senate hearing tapes.

(26) Regarding Dow’s alleged assertions On the 29th of February 2008

Nancy Millette and I went to the State House for the hearings. I don't recall the exact times but it is not that important. When we arrived, we met April St. Francis an (sic) Richard (sic) I believe that this was John Churchill in the foyer. Nancy introduced us all. April said she was glad to finally meet me and she and Nancy went on talking their business. Richard and I, started talking about fishing and hunting and Vet's affairs and our Grandchildren. We have no idea what Nancy and April were talking about but they were standing right next to us the entire time. When the time came, we all went inside and took seats on the right back of the hall. April and Nancy sat together and Richard sat on the outside seat next to me. One of the Senator's (sic) sat with us for a bit and we looked at an old map of the Koasek area. The only time I stepped out

was for a minute to speak with Howard at the doorway and I could still see and hear what was going on in the room-nothing unusual. The proceedings began. Nancy presented her part and then April. There were no out of order discussions that I witnessed at any time. April never threatened anyone or "went off" in any way. Nancy and April sat with Richard and me for the duration. When the meeting was over we went to the hall. Richard and April came out at the same time. I was standing in the doorway with Howard Knight, and Senator Illuzzi went past us. We both said thanks to him but he did not stop because he was late for the next session. Nancy and I said goodbye to Richard (John Churchill) an d April and Nancy and I left, with Todd Hebert and his wife. I am not April's brother nor is Richard. Richard is not my brother and that day was the first day we ever met. By coincidence, Richard and I had the same jackets and are around the same age and size. This is the whole truth as I recall it. I hope this helps. It should correspond to the video in general sequence of events.

Dr. Ray Lussier
Tribal Judge, Koasek
3/2/ 2008

(27) Regarding Dow’s alleged assertions
The only time April (Chief April Merrill) spoke up was when Paul (Pouliot) testified and she said he didn't live in VT. Other than that, I heard nothing, certainly not toward Judy Dow. And when she asked where Paul lived, there were no threats. As a matter of fact, I was more upset then (sic) she. When I voiced my agitation to her, she shrugged her shoulders and said "What will be, will be." No, I did not witness any hostility.
Jeanne Lincoln Kent
Abenaki Craftsperson
3/1/2008

(28) “The Abenaki Family Band,” contributed by Frederick M. Wiseman, Ph.D.
It has been the historical way of the Abenaki to have family bands. Centralized tribes were not part of our life ways but merely a construct developed for Indian groups to abide by the rules of the colonizer. I have for you a list of quotes from historians that explain through time what a family band was and still is for the Abenaki. The point these historians are trying to make is that it is the Abenaki life way to exist in family bands; it is the non-Indian way to categorize Abenaki into tribes. However some Abenaki may choose to follow this path today.

VCNAA Commissioner Judy Dow,

Feb 29, 2008 Introduction Part of the strategy to discredit the authenticity of existing tribal entities such as Koasek and Missisquoi is an appeal to the idea that the “family band” is the original and true basis of Vermont Abenaki polity. In her testimony, Ms. Dow uses the term “family band” in the ethnohistoric sense rather than the bureaucratic or lawyerly sense, in her scholarly refutation of the legitimacy, and hence the

 

political power of modern village and tribal leadership. In ethnohistory, such defining flows from basic ethnological theory. I have used this cultural anthropological theory extensively in my training, research and publication for over 30 years (see references), and would like to respond, to a limited extent, to Ms. Dow’s premise with citation to a sample of my applicable academically presented and published work. The issue is empirically (the ethnographic and archaeological data), theoretically (functionalism [my theoretical bent as an archaeologist by training] structuralism, post modernism etc.) and politically (competitive access to and control of the Indigenous past) complex, but I will attempt a primer.

The idea that the people now classified by anthropologists as Abenaki functioned only at the band level of sociocultural integration is a dated and simplistic concept (Wiseman 1997a, 1998a, 2001, 2005). There are widely accepted (since the mid 20th century) anthropological meanings for the “traditional societies” classified as band and tribe and the complex society types called chiefdoms and states (Wiseman, 2005). Originally conceived as a neo-evolutionary scheme, the band/tribe/chiefdom /state system later became an ecological or organizational classification. Like many other cultural theoreticians, I have attempted to get beyond this classification, but still find it useful as an introductory teaching and political tool. The defining attributes of each level of sociocultural integration include internal traits such as kinship, economic systems (Rathje, W.L., D.A. Gregory and F.M. Wiseman 1978, Wiseman 2005), subsistence (Wiseman 1983, 1986, 2005) and technological specialization (Wiseman 1992, 2001, 2005), leadership roles (Wiseman 1997a, 2000a) and external relations such as trade and diplomacy (Wiseman 1998a, 1999a, b, 2000a, b, c, 2001a).

Pre-American era complexity

It is my professional opinion that the pre-American and colonial period Abenakis were intermediate between the tribal and chiefdom level of sociocultural integration, but with significant temporal and spatial variation. It is true that extended families (the nuclear family, plus grandparents, aunts, uncles and cousins), were the “glue” that held Abenaki society together since the Paleo-Indian Period, but even at that early date, the sophisticated long-range ice-margin seafaring society that existed in the Missisquoi region at 10,200 BP (Wiseman 2005), argues for marine navigating leadership systems at the inter-familial level. Interestingly, archaeologists acknowledge that complex or sophisticated art, and intricate proxemic placement indicates part or full time specialization permitted by subsistence surplus and its organizational redistribution. The Abenakis exhibited this complex level of social organization for 7000 years, perhaps climaxing at the great burial system at Monument Road, Franklin Co. VT, where communally organized and run cemeteries are evidence of corporate activity well above the level of the individual family band (UVM Physical Anthropologist Deborah Blom in Wiseman 2006). The large earthworks of still-unknown date (Wiseman, 2001b, 2005, Timreck and Wiseman, in press) are another distinctive trait that accompanies social organization probably at the chiefdom level (at least in some cases such as those found in the Woodstock and

Rochester, VT areas). 

Colonial era complexity

In Post Contact times, groups of extended families were integrated at the village level (i.e. Missisquoi, Koasek, Sokoki, and perhaps Winooski) by large communal structures (and later earth-fast and other European-derived types of multi-family dwellings), subsistence, civilian and military leadership; and at the Alliance level by complex intertribal and international bonds to their Wabanaki relations as well as a larger allied world via the Great Council Fire (Wiseman 1997a; 1998a, 1999a, b; 2000b, c; 2001a, b, 2005). Historic village structures such as landings, dance grounds, council houses, medicine poles, palisades, and their planned placement are material evidence of corporate activity at the supra-family level. The political maintenance of historic cemeteries, witness trees, quarries and portages are evidence of corporate activity, in some cases at a level above that of the village. In this socio/material way, the Abenaki villages organized resource access, chief-making, allocation of warriors to joint military ventures, and trade access to intercultural places such as Tadoussac (later Quebec, then Montreal), Albany, and Springfield, MA. In villages such as Missisquoi and Odanak, which had to socially integrate refugees fleeing genocide in southern New England, pre-existing complex international relations “greased the ways” to allow rapid integration of disparate languages and cultural variations to achieve new syncretic or blended social systems (Wiseman 1997, 2000a, 2001b).

In summaryIndigenous pasts are valuable resources for modern Native People to attempt to control. If the past can be shown to be unsophisticated, then there is a natural assumption on the part of settler governments that their descendents are intrinsically unsophisticated. Thus neocolonial governments believe that they can be oppressed until when and if they learn political sophistication from the “superior” culture. The current political and social power of the various Iroquois nations are, in part, based on the promotion of their political sophistication by pioneer anthropologist Lewis Henry Morgan and his intellectual descendents -- from professors, to institutes to whole academic foci (Wiseman 2005). Modern scholars have largely ignored the fact that the Abenakis were part of an even larger and more diverse political alliance, and the Abenakis have been the poorer for it. I have fought against this intolerant idea that Abenaki (and Wabanaki) societies were naive and unsophisticated, and this defense forms the central political thesis of my works being published by University Press of New England (Wiseman 2001b, 2005 and MSS in prep). That the conflict and its resolution that seems to be ebbing and flowing in the Vermont Indigenous world is basically at the Village or “tribal” (groups composed of many families or lineages) level, is excellent documentation of the 21st century continuance of this ancient complexity. Finally, a peer reviewer of this argument believed that I was too kind in my detailed deconstruction of Ms. Dow’s argumen t:

I think you need to review your conclusion to be sure you deliver the "knock out punch" because I didn't get a clear wrap up. It should end with the clear statement: "therefore Ms. Dow is dead wrong".
Dr. Raymond Lussier, Koasek Band,

March 2, 2008 (this date shows up on the next image) 

References (F.M. Wiseman, unless otherwise stated)

1978
Rathje, W.L., D.A. Gregory and F.M. Wiseman Trade models and archaeological problems: Classic
Maya examples. In T.A. Lee and C. Navarrete (eds.), Mesoamerican Communication Routes and Cultural Contacts. New World Archaeological Foundation Papers No. 40:147-175. Provo, UT.
1983
Subsistence and complex societies: the case of the Maya.Advances in Archaeological Method and Theory. VI:143-189.Academic Press. New York.
1986
Palynology of complex societies. Society for Archaeological Sciences. New Orleans, May, 1986
1989
10,000 Native American years in Vermont. Summer Lecture Series, Vermont Historical Society. Calais, VT. August, 1989
1990
Abenaki prehistory and history. "We Vermonters", Fletcher Free Library Series, Burlington VT. February, 1990.
1992
The Material Heritage of the Western Abenaki. The Columbian Legacy Symposium, Goddard College, Plainfield. Oct. 1992
1993
The Western Abenaki Renaissance. Humanities Department symposium, Penobscot Nation, Old Town Maine, October 1993.
1997
(a)“Abenaki History and Ceremony“ Vermont Council on the Humanities Annual Adult Education Conference. Ascutney VT.
(b)New Dawn (with Linda Pearo, Madeline Young, and Jeff Benay) University of Vermont Press. 171 pp.
1998
(a)“The Great Council Fire“. Musee des Abenakis Odanak, Que.
May 1998.
(b)“The Abenaki“ Wabanaki Confederacy Annual Gathering. Odanak, Quebec,
June 1998
1999
(a)The Great Alliance. Wabanaki Confederacy Annual Gathering. Pleasant Point, ME,
June 1999
(b)The Last Alliance. Abenaki Symposium. University Of Vermont, Burlington
November, 1999
2000
(a) The Abenakis’ Role in the Great Peace of 1701. Musee de Montreal; Fête des paix
March 28, 2000
(b) “Origin and development of the Wabanaki Confederacy” and “The Council Fire.” Wabanaki Confederacy Annual Gathering, Old Town, ME.
June, 21, 2000
(c)The Abenakis and their political heritage. Heritage Days Celebration, Highgate,  VT,
May, 2000 2001
(a)Last Alliance, the Wabanakis and the Great Council Fire. New England Historical
Society, Old Sturbridge Village,
May, 2001
(b)The Voice of the Dawn University Press of New England. Hanover, NH.
2003
(a)Forensic science, sovereignty and ethnography. American Indian Science

 and Engineering Society. University of New Hampshire.

April, 12, 2003

(b)“Abenaki”, “Abenaki Heritage Days p. 31; “Mahicans” pp. 194-195; “Missisquoi Village” p. 207; “Winoskik” 327 in Duffy, J, S. Hand and R. Orth. Vermont
Encyclopedia University Press of New England, Hanover

2005
The Wabanaki World Vol. I : Decolonizing a taken prehistory of the Far Northeast University Press of New England.

2006
Against the Darkness (CD/DVD Combo. Wôbanakik Heritage Center/Title 7 Indian
Education, Swanton. In press Timreck, Theodore, and Wiseman, FM, Hidden Landscapes, (five part video series) MSS. In Preparation Against the Darkness: the Wabanaki World 1609-1970, and The Data Wars of the Far Northeast: the Wabanaki World, 1970-. University Press of New England

(29.) Dartmouth Historian Colin Calloway, communication to Nancy Millette, 11 Mar 2008
Dartmouth Historian Colin Calloway, the foremost Euro American authority of Vermont Abenaki history, has never, in his researches, heard of Moccasin Village, and does not have anything on the historical Winooski community. In response to a Query by Koasek activist Nancy Millette, he said the following.

From: ************ ****@Dartmouth. EDU (Colin G. Calloway)
To: chiefnaki@comcast. net
Subject: Re: another question
Date: Tue, 11 Mar 2008 12:20:34 +0000
Nancy Millette - Doucet:
I'm afraid I did not have much on Winooski and I had not heard of Moccasin Village.
Collin G. Calloway

To: Office of the Attorney General

State of Vermont

Dear Sir:

I am becoming increasingly disappointed with the behavior of some members of the VT Indian Commission.

At Friday's hearing, one member (Jeanne Brink) came over to me and asked me why I was sitting with April Merrill and Nancy Millet (sic), then quietly said that if the Senate did not pass the Committee's bill, she was going to recommend no recommendation for anyone. (My husand Robert Kent was sitting between us and heard the conversation.) Further, when giving testimony she stated she was not affiliated with Odanak. I am attaching a news item which indicates differently.

Also, during the past week, numerous private emails which should have passed between Mark Mitchell, chair, and Nancy Millette were published on a Native website (Yahoo Group Message Board) called Abenaki News Issues. When I contacted him, he said he had contacted your office and felt there was no reason or guidelines which prevented him or anyone from doing so. Now (sic) there are rumors that Judy Dow has been saying that April yelled at her and threatened her. For the time I was there, I did not see any such behavior, April raised her voice only to say that Paul Pouliot did not reside in Vermont. Fred Wiseman documented the hearing with video and that should be verifiable through that tape. Together with these incidents, I am very concerned about this commission or these members, handling sensitive information related to recognition. I am seeing dishonesty and a lack of respect for sensitive materials from them. If they are to proceed, I would reccommend that stronger guidelines be in place regarding the handling of submitted materials and communications to and from the Commission. Thank you.

Jeanne Kent, B.F.A., M.A., Ed.

Abenaki (not a chief just an Indian)

Published: Wednesday, October 3, 2007

By Terri Hallenbeck

Free Press Staff Writer

MONTPELIER -- A solution is in the works that could fix in a 2006 Abenaki recognition law, setting up a proceedure for recognizing tribes so artists can market their work as Native American.

A draft proposal tht would require legislative approval would all tribes, bands, or nations to apply to the Vermont Commission on Native American Affairs for recognition. The commission would weigh the merits of the application and pass its recommendations along to the Legislature for formal approval.

The Legislature passed a law in 2006 thta recognised the Abenaki as a minority population in Vermont. Soon after, however, it became evident that because the law provided no means for specific bands to gain official state recognition, it failed to meet the federal Indian Arts & Crafts Board standards to allow artists to sell their wares as Native American-made. "I think it will solve the problem," said Jeanne Brink of Barre, an

Abenaki basketmaker who is a member of the Vermont Commission on Native American Affairs. She is able to sell her work as Native American as a citizen of the Odanak Reserve in Quebec, but she works with other Vermont Abenaki artists who cannot.

The commission will hold a public hearing on the proposal Oct. 25. Commission Chairman Mark Mitchell of Barnet said he hopes the panel will approve wording in November and send it to the Legislature in January. The 2006 law was heralded as a breakthrough for Vermont Abenaki after efforts to recieve federal or state recognition had failed for many years. The St. Francis/ Sokoki Band of the Abenaki lost its appeal for federal recognition this year. Helping Abenaki market their and crafts as Native American was among the chief goals of the law.

Mitchell worked with Assistant Assistant Attorney General Mike McShane and Suzanne Young, legal counsel to Gov. Jim Douglas, on drafting the proposal. This time, Mitchell said, the group consulted the Indian Arts and Crafts Board along the way. "The board said this would work," he said. McShane said the proposal would allow recognition to be used only for purposes outlined in the 2006 law, which included securing scholarships and selling arts and crafts.

The Douglas administration supports the proposal, Douglas spokesman Jason Gibbs said. Vincent Illuzzi, R- Essex/ Orleans, Senate Economic Development, Housing and Military Affairs Committee chairman, said he hasn't seen the draft, but he backs the idea. "As far as I'm concerned it's something we should have done and should address in 2008, " he said.

According to the proposal, the seven-member commission would establish a proceedure for tribes, bands and nations to apply for recognition. If two-thirds of the commission member determine that the applicant meets the criteria, the commission would recommend to the Legislature that the group be recognized. Members of the commission would not be able to vote on recognition of their own tribes. Mitchell said he didn't know how many applications the commission might receive.

The criteria require that a majority of members, related by blood, inhabit a partiular region in Vermont. Still to be decided is how far back in history they have to be able to trace their roots. Brink , who traces her Abenaki genealogy to the 1600's, said some commission members want the threshold to be 1700 while others prefer 1900. "I'm willing to compromise at 1800," she said.

Brink said recognition allows artists better marketing opprotunities, but can also open other doors. She said recently received an application for an artist-in-residency grant that requiries applicants to meet the federal Indian Arts & Crafts Act requirements.

Contact Terri Hallenbeck at 651-4887 or

February 28, 2008 Charles "Megeso" Lawrence Delaney Letter ~ Open Letter to Vermont Gov. Jim Douglas of late March 2008 Pages 1 - 8 :

Letter from Charles "Megeso" Lawrence Delaney to Senator Vincent Illuzzi, Chair of the Economic Developement Housing and General Affairs dated February 28, 2008, Page 1:

Senator, Chair and Committee members....Most all here know myself, Charles Delaney of Burlington, Vermont. I'm writing not for any self-promotion but rather the intergrity of process for these amendments and due process of the commission on Abenaki, Native American Affairs, State of Vermont. dr req 08-705-Draft 3, 2-27-2008 JDH. Sec. 1. 1 V.S.A. & 851, 852, 853,854. Even though I believe this amendment has merit for changes in the original recognition law; one's beliefs and allegance's are secondary to the stardard of equal regulations, standars for all. In other words, please, the standards used by the Legislature for an Individual, Band, Tribe or Indian Nation recognition must be the same criteria, practices of the Vermont State Commission on Abenaki, Native American Affairs. This would rule out impreprity because of Committee's and prevent future lawsuits because of percieved double standands; or the Attorney General's Office given grounds for de-recognition of groups.

As for the amendment set forth by the Vermont State Commission, Abenaki, Native American Affairs. Sec. 1. V.S.A.& 852, 854, 12-26-07, Draft 1. under Sec. 2, V.S.A. & 854, (?) 5 (1) Does "Interested Party" refer to an individual person as a seperate from a Band, Tribe or Nation? Is it inclusive in statute to mean an individual Indian artisan with no group affiliation can apply? If not, please include such meaning into statute for all who are or can be inclusive under the amendment.

Letter from Charles "Megeso" Lawrence Delaney to Senator Vincent Illuzzi, Chair of the Economic Developement Housing and General Affairs dated February 28, 2008, Page 2:

Lastly, State Commission Abenaki, Native American Affairs, Draft 3, 2-27-2008-JDH, Sec. 1. V.S.A. & 854 Page (?) Line 1 refers to the disqualification to vote, participate at recognition hearing if the Commission member is of the same group as the applicant.

This was added to safe-guard the process legally as well as the integrity of the Commission. I don't believe it goes far enough.

There is presently is a Commission member (Timothy de la Bruere) who is a Vermonter, Native Indian, but also has family ties, land at Odanak, Quebec, Canada. In concerns only of voting, a member of the Commission has conflict of interest if decisions to be made of Vermont Indian Artisans are considered economic conflict by our northern peoples (Odanak), who are also Native crafters, artisans.

How can the Statute be worded to allow recusal by a Commission member who is a state citizen with other economic, family or political ties? Please include a safe-guard statement for this amendment.

In any way is this an attack of any Commission member of their character or origin, but rather clarification to strengthen their work ahead through statute.

Thank you,

Charles Delaney

P.O. Box 5862

Burlington, VT 05402

1-8-2-863 6002

Mr. Charles "Charlie" "Megeso" Lawrence Delaney seemingly was (and perhaps still is...) BIASED towards the members of the Commission (especially Mr. Timothy de la Bruere of the Commission) BEFORE he (Charles Delaney) was ever appointed as Chair of the Vermont Commission On Native American Affairs?!

And to ADD CLARIFICATION of what dynamics were going on back in February and March of 2008 regarding the Vermont Commission on Native American Affairs, Abenaki Recognition and whom the varied "players" were (and still are, in April 2010 regarding the Abenaki Recognition dynamics in Vermont and New Hampshire...)

Page 1:

From: ETPVT@aol.com (Ralph Skinner Swett)

Date March 23, 2008 3:04 :06 PM

To: jjsnayle@yahoo.com

Subject; Fwd: Open Letter To Governor Jim Douglas. I see no file

THE VERMONT COMMISSION ON NATIVE AMERICAN AFFAIRS:

AN OPEN LETTER TO GOVERNOR JIM DOUGLAS.

Bigoted comments regarding the native participants in 3/14/08 Senate Hearings regarding Abenaki recognition

Homer St. Francis (the late Missisquoi Abenaki Chief, father of April Merrill, a testifier at the hearing) thought it would be alright to simply drive around without a lisence  (sic) or a place on top of that because he believed both were the way of the white man, spare us all!

Audi

Homer Walter St. Francis Sr. drove around without a license because of his numerous DUI convictions. He couldn't see past the windshield wiper blades, let alone determine if there was a plate on the car.

Wayne

I do not know how your 5% (native ancestry of Vermont Indians) was calculated. It may be correct for many in Vermont. If it is true, I feel for many at the hearings making the claim, it is an overstatment by 5%.

Watso, Bear Clan Odanak

(forumsburlingtonfreepress.com/viewtopic.php?t=42996)

Dear Governor Douglas

Senate Bill S.117, the historic 2006 statute recognizing the Abenaki people of Vermont, established a Vermont Commission on Native American Affairs to represent the collective interests of Vermont's indigenous population. As part of the statute, the Missisquoi and other formal (Incorporated *under Vermont State Law...) Abenaki groups were provided the official opprotunity to advise the Governor on the selection of Commissioners. Under this authority, we, the four Organized Tribes of Vermont, insist that, that the Commissions as it stands, not be reappointed at the conclusion of their Commissioner's tenure. Our reasons are discussed below, supported by appended documentation.

In addition, in 2006, the Vermont Governor's Commission on Native American Affairs (which was about to be superceded), sent you an important message regarding the VCNAA selection process. It was their last official act. It cautioned the Governor in his selection of Vermont Commission on Native American Affairs commissioners to be appointed under the S.117 bill, to assure their ethnic identity and commitment to representing the interests of Vermont Indians, both individual and collective in its relations to the state (1). Governor's Counsel Suzanne Young informed the former Commissioners, through its former Chair, Dr. Jeffrey Benay, that the Governor's Office chose not to follow these recommendations. We believe that, had these recommendations and guidelines been followed, we would not be where we are today.

Unfortunately, thre has long been discontent in the Vermont Abenaki community

Page 2:

with regards to the actions of the Commission. The hostility of the Commission to Vermont Tribal political initiatives led, in early March 2006, to Koasek Abenaki Brian Chenevert (2), Koasek activist Nancy Millette (3), Missisquoi Chief April Merrill (4), Nulhegan Speaker Luke Willard (5) and El-Nu Abenaki Tribal elders (6) to express their individual and collective frustration with the Vermont Commission, basically giving the Commission a vote of no confidence. This dissatisfaction has been exacerbated by the recent $.369 amendment to the S.117 ("Abenaki Recognition") bill, which gives the Commissioin and the VT Attorney General power of denying an Indian identity to the Indigenous peoples of Vermont. This frustration on the part of Abenaki leaders  reflected the general  unrest in the Vermont Abenaki Community. The four organized tribes of Vermont have discovered that some members of the Commission have misused their power to actively thwart individual and collective Tribal desires. These preceived actions on the part of Commissioners were considered so threatening that the VT tribes, some heretofore unfriendly to one another, joined together to undo this threat posted by the commission. Although most Vermont Abenakis recognize the positive efforts of some Commissioners, nevertheless they believe that there overall Commission is compromised. Below we have abstracted a few of our most recent concerns.

The Commission's non Vermont Abenaki interests

There has been a growing concern voiced by Indigenous Vermonters that members of the new Vermont Commission on Native American Affairs may have cultural and political allegiance to political entities outside Vermont. The issuse of Odanak, a Canadian Abenaki reserve, is particularly troubling. Since the fall of 2003, Odanak officials have denied that there are Vermont Abenakis other than Odanak descendants. In a particularly cruel move, Odanak officials collaborated with the Vermont Attorney General's 1995-2006 cleansing of Indigenous Vermonter history and identity, focusing on Missisquoi. In response, Indigenous Vermonters bearing the brunt of this ethnic violence became suspicious of Odanak's interests in Vermont, especially when such hostility continues to disrupt Vermont-Abenaki relations. Ms. Denise Watso, a self-identified Odanak Official, made an impassioned February 26, 2008 plea (including all VT Native American Commissioners except for two) are "portraying" Odanak Abenakis "in public." The arrogance of Odanak's oft-stated position is encapsulated in her pretentious demand that Indigenous Vermonts submit to Odanak's determination of who is and who is not Indian. Such combative pomposity has necessarily exerted a certain toxic effect on Indigenous Vermonters opinion of their former brethern to the North, and perhaps their descendants now living in the Green Mountain State. For example, during testimony to the Senate one March 13, 2008, papers attacking the ethnicity of an attending tribal leader were explicitly given to legislatures by a representatives of this Odanak interest (William Whitney, Northfield, VT, personal communication to Jeffrey Benay and Frederick Wiseman, 3/13/08). That was the documentation I gave to Timothy de la Breuere retrospectively-speaking while attending a VCNAA meeting, some of which documentarily already has been placed on this blog, mainly in regards to Nancy Lee (nee: Millette) Cruger - Lyons - Doucet. Many Abenakis

Page 3

question whether VT Odanak descendants harbor similar beliefs in Odanak cultureal and political supremacy. When pressed, they vehemently deny this connection, even threatening further action (8). But if they are empowered by the legislature to decide who is and is not a Vermont Indian, we doubt that they be impartial, given the semi-official position of the Canadian Reserve.

In testimony at the Feb. 25 VT Commission meeting, at least one of the alleged Odanak partisans was vocal in denial of connections to Odanak, affirming that they are Vermont Abenakis only, and only incidentally from Odanak residents. Ms. Jeanne Brink, asserted in testimony that "To say that we (VT Native Commissioners Jeanne Brink and De la Breuere) are on the Commission representing Odanak is a lie (9)." Ms. Brink is a long time professional teacher of the Abenaki experience. Unlike other, more political Odanak partisans, she has admitted that there is an extant Vermont Abenaki culture. Nevertheless, Ms. Brink's professional work throughout Vermont has consisted of promoting Odanak style baskets, teaching Odanak dances, songs, and other cultural systems, and teaching historical realities emanating from the Odanak, Quebec experience, such as the suppression of drums by the Roman Catholic Church. In her teaching, these cultural, historical, and political characteristics are asserted as characterizing the Vermont Abenaki experience. Her literary work has dealt with Odanak language teaching books and dictionaries. While not asserting a political dominancy of Odanak over Vermont, Ms. Brink is the most articulate advocate of Odanak cultural primacy and hegemony on this side of the border. Contrary to her recent Senate testimony, we believe that her authority to sell baskets under the Indian Arts and Crafts Act apparently stems from her admitted band membership at Odanak (10). In a recent departure from her former "non-political" stance, Ms. Brink threatened an Abenaki artist that she would reject Vermont Tribal petitions for recognition before the Commission (11), unless the tribes went along with her position on an Amendment to S.117. This partisan political move, combined with her equivocal position on Odanak ties, only reinforced fears on the part of the VT Abenaki communities against the Commission.

Timothy de la Breuere is the other person on the VT Commission on Native American Affairs who meets Ms. Denise Watso's criteria for being a "real" Indian. He avows a Vermont Abenaki identity (12). He has not accumulated a decades-long history of promoting Odanak culture like Ms. Brink, and is relatively unknown. Nevertheless, he had the singular honor of being the only Commissioner personally sworn in by Governor Douglas. In the reporting of this event, information emerged in the media that caused Vermont Abenakis great concern. A news article contained explicit expectations on the part of the late Odanak Chief Gilles Obomsawin and Vermont politicians Duncan Kilmartin and Michael Marcotte, that Timothy de la Breuere represent Odanak interests on the Commission (13). De la Breuere is a member of an expatriate Odanak group in Vermont is led by de la Breuere's relative, Richard "Skip" Bernier. This organization has been long known to be hostile to other Native Vermont groups, especially Missisquoi. It has attempted to unsurp Missisquoi's position in relation with Vermont, New Hampshire and Maine (14). Apparently de La Breuere, shares some of Bernier's

Page 4

and Watso's opinions (7) regarding Vermont Abenakis, saying that "there wasn't an Abenaki in this state except for his family" (15). Such explicit statements, made to other Vermont Abenakis not of Bernier's group, caused great concern regarding his judgement of other Vermont tribes that could potentially seek recognition through the Native Commission. In personal contact with representatives of other tribes, de la Breuere uses combative and implied threatening verbiage. These statements have led one VT tribe (Luke Willard of the Nulhegan group) to have concerns regarding the success of tribal initiatives entirely unconnected to the Commission, such as a Native cultural center for Newport, VT (16). Vermont Native Commisson Chair Mark Mitchell has complained that de la Breuere told him that during a lunch meeting that Governor Douglas indicated to him (de la Breuere) that the Commission's composition would not change. Subsequent discussions with Suzanne Young, Governor's counsel, revealed to Mitchell that the luncheon meeting never happened. When a compromise between the Commission version of an amendment to empower tribes to recognize artists, and a competing one by the Koasek and Missisquoi Abenaki was in the process of negotiation, de la Breuere indicated to the representative of another tribe that "the amendment will fall as Gov. Douglas has already expressed his intent to veto (16)." These data document an expectation on the part of VT legislators that de la Breuere represent Odanak's positions at the Commission, revean an overt over lack of impartiality, and a perceived problem of manipulating the truth in Commission business.

A question of identity and the appearance of abuse of power

The difficulty that we, the Four Organized Vermont Tribes have with Commissioner Judy Dow is due to the possibility of identity fraud and abuse of political, and to a certian extent intellectual power, within the Commission or VT political world. Heretofore, the tribes have not pursued identity fraud issues. However, the written attack on Koassek leader Nancy (nee: Millette) Lyons (now married to Mark Doucet)' ethnic identity at the March 13, 2008 Senate hearing and in the press, by partisan Odanak supporter William Whitney of Northfield, VT (personal communication to Jeff Benay and Fred Wiseman 3/13/08)(as well as the Watso quote at the beginning of this article), has brought identity politics to the fore in this conflict between Odanak/Commissioners and the Four Organized Tribes. Ms. Dow is a self identified Abenaki who is a member of the all-Native Vermont Commission on Native American Affairs, and is accepted in the larger New England Community as an Abenaki basket maker from Vermont. She makes a living, in part, based on a well-cultivated Abenaki identity. She is explicit  that "I am an Abenaki basket maker" (17) with "deep ancestral roots to the Moccasin Village in the Winooski Intervale (18) or alternatively, the "Winooski family band of Abenaki" (19). She has been making baskets for 40 years, or since she was perhaps 13 years old; "I know who I am," she said. "People don't really say to me, 'Is this an Abenaki basket?'" They know I'm Abenaki." (20). However, according to Nancy Comstock, a woman who claims to be Dow's sister, her family is not Native. Unfortunately, many Vermont families have factions that claim differing ethnic identities, especially a Native ancestry. However, our issue of concern is more than ancestry; it is personal cultural history and veracity, the foundations of Dow's ethnic authority and

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livlihood. We believe that family testimony has revealed deception in this foundation. Ms. Comstock said they (Judy Dow's family) did not grow up at the Winooski Intervale and stories that Dow tells about gathering and walking on the trails are untrue. Comstock said she had never hear of Mocassin Village and Dow's "father grew up at Convent in the New North End, Burlington not Winooski." Comstock said Dow was definitely not raised in the Native way. "They (Dow's family) were not raised knowing they were Indian". Instructively for other issues applicable to the Commission to the Commission discussed below, Comstock described her sister as a fraud, saying "Judy lies so much that she believes her own lies" (21). This familial assertion of identity fraud was reluctantly supported by Chief April Merrill, who disclosed (on March 6, 2008), that Ms. Dow had applied, but was not able to meet the requirements for tribal citizenship in the St. Francis/ Sokoki (Missisquoi) Abenaki band. Although declining to go into details of the case due to the confidential nature of the applicant's file; Missisquoi's citizenship requirements applicants to demonstrate a documented descendency from a known Abenaki individual, family or band. This genealogical database includes historically known Abenaki families in the Burlington, VT area. An reason for Missisquoi's collaboration with the Intervale Center in Chittenden County to properly deal with Native concerns in the lower Winooski River Valley. Recently there have been several problems that have surfaced with regards to Dow's claims that arise from the issues of character referred to in this section (22).

Although there have been many disagreements between Commissioner Dow and other Abenakis over the two years of her appointment, we only sample current issues. The first of these is that Commissioner Dow called for testimony only hostile to a bill amendment in which she had a political interest. The bill amendment in question proposed direct recognition of existing Abenaki bands. Contra Dow's actions, Commission Chair Mark Mitchell was careful to go on the record (twice) as saying that , as far as the Commission was concerned, such actions were entirely permissible (23). In addition, Ms. Dow apparently issed this call by portraying herself as representing the VT Native Commission was as a whole: "The Vermont Commission has requested that representation from families and Bands that oppose this bill, be in attendance to present testimony...For additional information, please contact Judy Dow, Vermont Commission on Native American Affairs" (24). This internet posting and those that arose from it caused pandemonium in the Vermont Abenaki Community, pitting many Native groups against one another in public venues such as i nthe February 25 NCAA meeting and the Feb. 29th Senate testimony. The tenor of this can also be inferred from the source posting (24) for the above quote. Interestingly, some of these heretofore opposing factions have joined together out of frustration with these activities and are signatories to this document.

Several people in the VT and larger Abenaki community have reported that VCNAA Chair Mark Mitchell was told by Judy Dow that Chief April Merrill was disruptive at the February 29, 2008 Senate hearing in Montpelier. Confused assertions going through the VT Native rumor mill include that Merrill screamed

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at people, threatened others, was told by Chair Vince Illuzzi to take her fight outside, and brought her two brothers her two brothers in to "intimidate." These concerns further "stirred the pot of Abenaki unrest," actions that we cannot allow to continue, since it tears our people apart. A videotape of the Senate Committee meeting by Johnson State College Professor Fred Wiseman revealed no such outbursts, but the camera did not record all of the testimony. The people sitting with Chief Merrill were clearly seen in the videotap, and included arcaheologist and former Governor's Advisory Commission on Native American Affairs Commissioner Dave Skinas, Koasek Spokesperson Nancy Millette-Doucet, Missisquoi Tribal Council Member John Churchill and Koasek genealogist Dr. Raymond Lussier. Wiseman was acquainted with Chief Merrill's brothers, and he reports that they were not there (25). Two other people, Dr. Ray Lussier, (26) and Jeanne Lincoln Kent (27) sat near Merrill and, corroborated the videotape data, refuting Dow's alleged report to Chairman Mitchell. They indicated that Chief Merrill was quite restrained, especially considering the tenor of the testimony as revealed in Wiseman's videotape (25). In attempt to undermine the authority of Vermont Bands. Ms. Dow has pointed out the fact that the Federal Government has rejected one Vermont band for recognition (Senate Testimony), 29 February), a move that was seen by many Vermont Abenakis as using Government-sponsored ethnocide for political purposes. Dow went on to say that family bands, not village or tribal organization, was the means of social and political organization of the Vermont Abenakis. This assertion was a cornerstone to her denial of a competing Missisquoi/ Koasek Abenaki amendment that she was testifying against. Mrs. Dow professes expertise in VT Abenaki history also professing knowledge on an extant village of "deep" time depth in the Winooski Intervale (19). As ethnohistorian, and author (26 [bibliography]), Frederick M. Wiseman, points out below (28) the VT Abenakis is functioned at the village and alliance level, a much more complex form of social intergration than the kinship-based family band, although families, both nuclear and extended, were key components of these larger integrative social systems. Either ms. Dow was ignorantof the nuances of Vermont Native history (29) or is misconstruing that history in her testimony for the specific purpose of undermining the credibility of Missisquoi and Koasek, so as to protect her political interests.

Abenaki leaders, who have known of Commissioner Dow's ethnic identity problem, as well as her penchant for assailing other Abenaki individuals and groups by using misinformation, are disappointed and angry. One has said that "she is viscously protecting her well being while trying to take away our (other Abenaki groups') recognition. It makes me ill that a person could do this to not only a group of people but a minority culture that has endured so much pain already (22)."

Conclusion

In the previous sections, we have listed specific problems that representatives of the Vermont Abenaki Community have with the Vermont Commission on Native American Affairs, and why the Missisquoi, Koasek and Nulhegan Bands, who collectively represent the vast majority of the identified, enrolled Abenaki tribal