The "Abenaki" Plot Thickens....Part 2: Alsigunticook Nation of Abenakis:

ATTORNEY AT LAW

CINDY ELLEN HILL

POST OFFICE BOX 88

BATTELL BLOCK SUITE 215

MIDDLEBURY, VERMONT 05753
802-388-1317

ALSO ADMITTED TO PRACTICE
IN THE COMMONWEALTH OF MASSACHUSETTS

February 24, 1997

Tom Obomsawin

P.O. Box 184
North Stratford NH 03590
RE: ODANAK ABENAKI

Dear Tom,
I have received the statement which you sent to me, and as we discussed on the telephone last week, I believe the statement to be strong and worthwhile; however, although it may help in legal matters such as the one you recently faced, it will not have any definitive legal affect. I would be extremely excited to work with you on the idea of pressing an Abenaki land claim. As we discussed on the phone, the first step in this would be to have me research other Eastern United State's Land Claims cases, and develop a suggestive strategy or range of alternative strategies for your use in this matter. As we discussed, there are countless logistical problems to be addressed before such a claim can be initiated. I have proposed to do this research for you and develop a recommended strategy plan for a flat fee of $1,000.00. My staff is ready to get going as soon as the check arrives. I look forward to speaking with you.


Very Truly Yours,
Cind Ellen Hill, Esq.
 
CEH: cjc

INTERNAL REVENUE SERVICE DISTRICT DIRECTOR

DEPARTMENT OF THE TREASURY

G.P.O. BOX 1680

BROOKLN, NY 11202

Date: March 19, 1997

NIDOBAK INC.
P.O. BOX 184
NORTH STRATFORD, NH 03590

Employer identification Number: 02-0494095
Case Number: 117008050
Contact Person: LORI WEBB
Contact Telephone Number: (860) 258-2040
Accounting Period Ending;: December 31
Foundation Status Classification: 509(a)(2)
Advance Ruling Period Begins: September 19, 1995
Advance Ruling Period Ends: December 31, 1999
Addendum Applies: No

Dear Applicant:
Based on information you supplied and assuming your operations will be as stated in your application for recognition of exemption, we have determined you are exempt from federal income tax under section 501(a) of the Internal Revenue Code as an organization described in section 501(c)(3).
Because you are a newly created organization, we are not now making a final determination of your foundation status under section 509(a) of the Code. However, we have determined that you can reasonably expect to be a publicly supported organization described in section 509(a)(2).
Accordingly, during an advance ruling period you will be treated as a publicly supported organization, and not as a private foundation. This advance ruling period begins and ends on the dates shown above.
Within 90 days after the end of your advance ruling period, you must send us the information needed to determine whether you have met the requirements of the applicable support test during the advance ruling period. If you establish that you have been a publicly supported organization, we will classify you as a section 509(a)(1) or 509(a)(2) organization as long as you continue to meet the requirements of the applicable support test. if you do not meet the public support requirements during the advance ruling period. we will classify you as a private foundation for future periods. Also, if we classify you as a private foundation, we will treat you as a private foundation from your beginning date for purposes of section 507(d) and 4940.
Grantors and contributors may rely on our determination that you are not a private foundation until 90 days after the end-of your advance ruling period. If you send us the required information within the 90 days, grantors and contributors may continue to rely on the advance determination until we make a final determination of your foundation status.
If we publish a notice in the Internal Revenue Bulletin stating that we....
 
Letter 1045 (DO/CG)

ATTORNEY AT LAW

CINDY ELLEN HILL

POST OFFICE BOX 88

BATTELL BLOCK SUITE 215

MIDDLEBURY, VERMONT 05753

ALSO ADMITTED TO PRACTICE IN THE COMMONWEALTH OF MASSACHUSETTS

24 June 1997

Tom Obomsawin
P. 0. Box 184
North Stratford NH 03590

Dear Mr. Obomsawin,
It appears that there is a potentially successful legal claim that the Phillips Deed and the Bedell Grant, which purport to convey large tracts of land in the region of northern New Hampshire, Maine, and surrounding areas, are invalid under the Trade and Intercourse Act of 1790.
As we have previously discussed, there are numerous methods by which you could bring a lawsuit to attempt to have these transactions declared void, including suit against municipalities, the states, or individual landowners. In further discussions, you and I have concluded that it would be most effective to target the individual landowners who represent a large share of the land at interest, and are also most culpable for ecological damage being done to the region. These landowners would be Champion and Meade corporations. Additionally, I strongly recommend including in such a suit Dartmouth College, both because they are large landowners in the region, and because, given Dartmouth's history, they have in their possession a significant quantity of materials regarding Abenaki history. They also have on staff a number of people well versed in the history of the region, who could be subpoenaed to testify at trial.
The (sic) are which requires careful thought and planning regarding bringing such a suit is that of identifying the Plaintiff. In order to bring a lawsuit, you must have the proper legal standing. The court must also be able to see that, if you win, there is an appropriate party to receive whatever the settlement or judgement may be. In other words, if the court were to declare the grants to be null and void, they would have to turn the property involved over to someone. The court would need to know who they legally should turn the property over to.
  One way to approach this would to be bring a class action suit on behalf of all the descendants of the St. Francis Indians. This would probably be complicated, and would leave open the possiblity for unfortunate grandstanding or publicity battles among the

various New England groups who periodically claim to be "the real Abenaki".

The better, more legally sound way to approach bringing such a suit would be through the auspices of Odanak, given that there is lawful Canadian recognition of this entity. The council at Odanak could, itself, bring suit. To make things logistically easier, I recommend that the Odanak council designate,a group of people or an organization in New Hampshire to serve as their representative for purposes of pressing this claim of rights.
A law suit of this type would be brought in the Federal District Court for the District of New Hampshire. It would be a long and difficult process, as you may expect the corporate defendants to launch a-strong opposition. The court will also require a lot of lengthy (sic) education on the subject. You may expect the District Court process to take several years. If you lose at the District Court level, the next level of appeal would again take up to three years.
I would be very interested in representing you in this type of legal action. As I stated to you at our last meeting, my office would be willing to undertake the District Court action, through to a final initial judgement in the District Court, for a flat legal fee of $25,000.00. This fee would not include any out of pocket expenses, including phone bills, copying, filing and service fees, and expert witness charges. It would also not include any post judgement actions or appeal. The flat fee would have to be paid up front before we commenced work.
I developed this figure based on the fact that I believe over the next few years there would be quite a number of months when this legal action would occupy the full time resources of my office. I would not be able to set aside other work in order to pursue this claim without adequate up front compensation. I would have no claim on any monetary settlement which might be reached, should that be the direction this eventually goes in.
I would conservatively estimate that you should count on another $25,000.00 over the course of two to three years as out of pocket expenses. I would like to receive at least two thousand dollars in advance on the expense budget, to cover filing fees and service of process.
I look forward to speaking with you further about this.
Very Truly Yours,
Cindy Ellen Hill, Esq.

Outside of Letter Notification dated June 1997 of Abenaki "Odanak Family Alliance"  regarding meeting dated July 12, 1997, from Claudia E. Chicklas at 61 Beaver Road in Ware, MA 01082 to Richard Bernier at Bluff Road, Box 722 in Newport, VT 05855

Abenaki Odanak Family Alliance

Mali Keating

Goshen Road

R.R. 1, Box 3380

Bradford, VT 05033

(802) 222-5662

Tom Obomsawin

P.O. Box 184

North Stratford, N.H. 03590

(603) 922-544

Notice of Meeting

Saturday

July 12, 1997, Ware, MA

Arrive 10:00 - 11:00 A.M.

The meeting, hosted by Claudia Chicklas and her daughter Joyce Heywood, will be held in the Social Serivce Club building at the corner of Pleasant Street and Park Street in Ware, MA. We'll have a lunch break at 1:00 P.M., then resume meeting. We need to conclude by 5:00 P.M.

The Agenda will include the following:

Minutes of last meeting

New Hampshire repatriations of remains and grave goods

Reoport on meeting with Odanak chief

Report on meeting with the Abenaki Confederacy

Organization of our band, including name

Directions to Ware, MA and the Social Science Club

Easiest access to Ware is from I 90, the MassPike. You can access the Pike from I 91, (North, Vt. N.H.) or (South, Ct); I 84 or I 395 (Ct.); I 290 (Worcester); and I 495 (MA, R.I.). From I 91 take the Pike EAST. From the others take the Pike WEST. Leave the Pike at Exit 8 (Palmer) and take a left onto Route 32. Follow Route 32 Noth to Ware, (8.4 miles). At blinking yellow light take a right. Go to the second traffic light and take a left onto Church Street. Take a second right from Church Street onto Pleasant Street. The Social Sicence Club is a stucco building on the left at the end of the block.

Reaching Ware from the north on Route 32 or the east on Route 9, go past the fire station to the first traffic light and take a right onto Church Street, then the second right onto Pleasant Stret. Social Science Club as above.

If you are approaching Ware on Route 9 from the west, go to the second traffic light, take the left onto Church Street, then the second right onto Pleasant Street. Social Science Club as above.

Please R.S.V.P. to Claudia Chicklas (sister to Mali Keating), 61 Beaver Road, Ware, MA 01082 (413) 967-3811

Let me know if you need accommodations. There are several nice bed and breakfasts in town, plus a motel (of which I have no knowledge).

Obituary for Claudia Chicklas

dated

November 25, 2008

Ware, Massachusetts

LAW OFFICE OF802-388-1317

CINDY ELLEN HILL

POST OFFICE BOX 88

BATTELL BLOCK SUITE 2 15

MIDDLEBURY, VERMONT 05753

CINDY ELLEN HILL

*ALSO ADMITTED TO PRACTICE IN THE
COMMONWEALTH OF MASSACHUSETTS
SCOTT ANTHONY GOLLWITZER

August 25 1997

Tom Obomsawin
P.O. Box 184
North Stratford NH 03584

Dear Tom,
Just touching base to find out hou you are getting along with the funding applications for the Abenaki Land Rights Suit. Give me a call when you know where you going with this. I look forward to working on it with you.

Very Truly Yours,

Cindy E. Hill, Esq.

CEH:cjc

The "Abenaki "Plot Thickens....Part 1: Regarding the Indian Philip's Land Grant of 1796 ~ Nidobak, Inc. and the Abenaki Odanak Family Alliance, Etc:

179960628.wps.

The following is a true copy of the original deed of a large portion of the Coos county from King Philip, an Indian who once controlled the northern lands, to Tomas Eames of Northumberland (NH). John Bradly and Jonathan Eastman of Concord (NH) and Nathan Hoist of Moultonboro (NH). The Ammonoosuck River reffered to is probably the one known as the upper Ammonusuc which joins the Connecticut at Norhtumberland (NH).

King Philip's Deed

To all persons whom these presents shall, come, greeting Know ye all that I, Philip, an Indian, a native of America, now resident in Upper Coos and chief thereof, for and in consideration of the sum hereinafter named, for which i have received security to my full satisfaction of Thomas Eames of Northumberland in the county of Grafton and State of New Hampshire and his associates, namely, John Bradly and Jonathan Eastman of Concord, county of Rockingham, and Nathan Hoit of Moultonboro in the county of Strafford all in the State of New Hampshire, esquires, all my peculiar friends, I have this day given, bargained, sold, released, conveyed and confirmed and by these presents do give, bargain, sell, release, convey and confirm to them the said Thomas, John, Jonathan and Nathan, their heirs and assigns forever all that tract or parcel of land and water, situated within the following boundaries, viz: Being on the pond to the carrying place, then across the carrying place to a small pond on the head of the Plumpetussuck, or Dead river, then down said river to Andrewscoggin river to lake Umbagog, including all waters of said lake and island; from said lake to the outlet of Mosseluckmegantik, including all the waters and islands thereof: then across the carrying place Qwasuktemick (Cupsuptic), thence down river til it empties into Awsisgowassuck river, then up the said river to Palmachinabagogg lake, including all the water and islands thereof, thence up said river to Skessawennock (Lac Magog) lake, thence up and Massheecoowanggwnall (Clyde) river to the head thereof (Island Pond); then across the carrying place to Walheogawmuck (Nulhegan), then down said river, including the waters and islands thereof, from thence up Ammonoosuc river, the place begun at, agreeably to a plan I have this day given to them, their heirs and assigns forever, with the following conditions and reservations, viz.--that I reserve free liberty to hunt all sorts of wild game on any of the foregoing territories, and taking fish in any of the waters thereof for myself, my heirs and successors and all Indian tribes forever. Also liberty of planting four bushels of corn and beans. And this, my trusty friend Thomas, having given me security to furnish me and my sqaw with provision and suitable clothing which I have accepted in full. I have for myself and in behalf of all Indians, who hunted on or inhabited any of the foregoing lands or waters forever quit, claimed and sold as aforesaid to them, the said Thomas, John, Jonathan and Nathan, their heirs and assigns forever against the claims of all or any persons whatsoever.

In witness whereof I have hereto set my hand and seal and signature this twenty-eighth day of June, 1796.

his

Philip, x Indian Chief.

mark

her

Molly, x Messel.

mark

his
Moosekit, x Sussop.
mark

Signed, sealed and delivered in presence of
Jere. Eames.
Ely Buck.
Source: History of Stratford, Jeannette Thompson, Coos and Grafton County Land Records and others.

17961211.wps

Vol G3 pg 219 & 220

Concord Dec 11, 1796

Proposal for forming a company to be concerned ni a tract of land purchased of Philip an Indian Chief by Thomas Eames, John Bradley, Jonathan Eastman & Nathan Hoit, agreeable to a deed executed by the said Philip in manner following, viz:-

1 st That the said Thomas, John, Jonathan & Nathan make & execute proper deeds of conveyance such to the other in such manner that each shall be an owner of one fourth part of all the lands & waters conveyed by the said Philip's deed the same to be held in commonalty as an undivided interest & each in his proportion to his interest to be held accountable for the expenditures in proportion to his interest in the above said sale and subjected to his proportion of the conditions expressed in said deed.

2dly That the before named Thomas John Jonathan and Nathan shall have authority each if either shall think proper sell and convey one fifth part of the lands and waters contained in s'd Phillips deed to any person who shall be approved of by a majority of the original owners, subject to the foregoing obligations: that on the non-performance of of any payment or duty which has or may be agreed on by the above described owners such part of any delinquent share shall by sold as will be sufficient to pay such deficiency with necessary charges. 3rdly The said proprieters which shall at no time eceed twnety shares shall vote according to their respective shares either by themselves or their attorneys.

The propriters shall agree on some place where to convene to transact the business of the proprieters, always confining it within the State of New Hampshire.

5th The etce proprieters shall appoint some one of the proprieters to act as clerk, who shall record all their proceedings and where all accounts shall be lodged on file for adjustment and allowance by the said proprieters.

6th That when it shall be agreed to by the etce proprieters theyt shall petition any of the states or kingdoms where such land lay to be incorporated into a body politic to transact any of their affairs suitable to such incorporation and lastly if all _______ to keep profound secrecy- or by D.L.d.y

Grafton s.s. Sept.4.1797

Receivd, recorded and examined. P. John Rogers Reg.

17981027.wps

Bedel's Grant: Vol. B32 pp.386-387, Lancaster; Sealed 1798-10-17; Recorded 1811-09-10 & 1835-08-14

Know all men by these Presents

++t we Manner Neuf-Langhman, Takoos Langhman, Capt +++orater D. St.Francisat, Capt. Benedic, Capt. Poornif apt. Franson Joseph, Capt. Joseph Lampis all of the Tribe _____ ation of St. Francis or Abenaque Indians. For and in consideration +++ thirty one hundred dollars to us in hand paid al_ t before the +++ delivery hereof by Nathaniel Wales of Cochburn in the County of +rafton & State of New Hampshire Esq and David Gibbs of St. A+++ in the Province of Lower Canada and Moody Bedel of Haverhill in the County of Grafton and State of New Hampshire aforesaid Es++ the receipt whereof we do hereby acknowledge ourselves therewith fal++ content and satisfied. have given granted, bargained & sold & by these presents do give, grant, bargain & sell unto the said Wales, Gibbs & Bedle their heirs and assigns to their own use and benefit forever the following tract of land bounded as follows - viz -Beginning at the mouth of the Ammonusuck River where it empties into Connecticut River in Haverhill in the County of Grafton & State of New Hampshire from thence on a straight line eastwardly southward of the White Mountains to Great Ossipee River where it crosses the boundary line between the said State of New Hampshire and Massachusetts Bay from thencenortheasterly on the boundary line between the two States aforesaid on the same course to the boundary line between the United States & the Government of Great Briton + + + established by the Treaty between the Kingd of Great Briton + + +  + + +  + + +

To Have and to Hold + + + ses with all the priviledges + + + in any wise appertaining to them + their several and respective heirs, executors, admin + + our use and benefit & behoof forever, and we the s + +  + + + oos, Asan, Benedic, Pournif, Joseph & Lampis for ourselv + + + irs & assigns ++ sue cessons in office do covenant & agree to and + + the said Wales and assigns that the Nation or tribe of which we belong aforesaid + + the lawful original owners & possessors of the same, that the + + has never been sold or conveyed previous to the ensealing her + + the exception of Captain Thomas aforesaid, Nation or Tribe aforesaid + + we as the chiefs, captains & representatives of the aforesaid Nat+ + + aforesaid have full power to sell & dispose of the same in + + + + that we bind ourselves, our heirs, executors, adminis+ + as well as our successors in office to warrant & forever + + their said Wales, Gibbs, & Bedel, their heirs + + +  + + + The Lawful claims or demands of any person or persons + +

In witness we have hereunto set our hands + + + twenty seventh day of October A. D. 1798. Signed, sealed & delivered

in presence of us

Thomas Arakuente                                                

Michael AraLorinuty

Mamonul X Shoasion + + +

Takus X Sansni + + +
Capt X Asan + + +

Capt X Benedic + + +

Capt X Poumife + + +

Capt Franson X Joseph + +

Capt Joseph X Lampis XXX

Bedel's Grant ss Sept 10, 18 11

Read for Record & Recorded

Attest. Timothy Bedle Recorder

Bedle's Grant as.

I hereby certify that the within & above is + + of Record as recorded in the Proprietors Records.

John Haines. Pro Clerk

Coos ss Aug( 17th 1835.
The above and foregoing copy Recd. Recorded & Examined
By R Stephenson Regr
 
These afore-mentioned above three (3) historical documents were transcribed by Thomas Robert O'Bomsawin, residing retrospectively-speaking in North Stratford, Coos County, New Hamshire with his wife Daisy nee: Goodman ca. 1996-1998 (who was retrospectively-speaking working at A.S.H.A.I., Incorporated in Swanton, Vermont for the late Homer Walter St. Francis, Sr., as a Grant writer for the "St. Francis Sokoki group", now led by April Merrill ... Homer's daughter) and these two documented historical Land Grant transcriptions, were stapled within the "Alsigunticook Nation of Abenakis" paperwork, which I will post on this blog, in order as to their chronological dates.

Cover Page

 "History of the Town of Stratford"

New Hampshire

177-1925

By Jeannette R. Thompson

Published by

Vote of the Town

1925

Printed by

The Rumford Press

Concord, New Hampshire

Page 465 of the "History of the Town of Stratford", N.H. Book

Page 466 of the "History of the Town of Stratford", N.H. Book

Page 467 of the "History of the Town of Stratford", N.H. Book

This is the residence of Daisy (nee: Goodman) O'Bomsawin's mother. It was Daisy's late brother Paul Goodman, whom drew this picture of the residence.

It was this residence, that Tom and Daisy brought their mobile home to (which had been restrospectively situated behind Doris Minckler's home in Swanton VT before they has altercations with the late "Chief" Homer W. St. Francis Sr.

PHILIP'S GRANT  Hampshire-Maine; Milan, New Hampshire-Maine, Errol, New Hampshire

Not sure of the source of this particular document Page 38 and 39. Regardless, this was in the "Alsigunticook Abenakis Nation" bunch of papers.

Page 38: levels were raised by damming. An 1887 guide to the Androscoggin Lakes identifies Lower Richardson as "Welokennebacook" and Upper Richardson as "Molechunkamunk."8 On the east side of Upper Richardson Lake is the outles of Lake Mooselookmeguntic.

Page 39: Maps: United States Geological Survey Quadrangles - Gorham, New Hampshire-Maine; Milan, New Hampshire-Maine; Errol, New Hampshire-Maine; Oquossoc, Maine.

3. "then up said river to said Lake Mooseluckmegantick, including all the waters and Islands thereof - then across the carrying place Quasuktecuck - thence down said River till it empties into Awsisgowassuck River -"

It is possible (see Parmachenee Lake below) that the "Awsisgowassuck River" refers to the present Magalloway River, now dammed to form Azicoos Lake. The boundary route in this area is not at all clear. "The carrying place Quasuktecuck" may be a reference to a portage from the Cupsuptic River which flows into Cupsuptic Lake. Upstream on the Cupsuptic River is a route to the Magalloway River beginning along Portage Brook presents itself as one possibility.

Maps: United States Geological Survey Quadrangles - Oquossoc, Maine; Cupsuptic, Maine; Errol, New Hampshire-Maine; Second Connecticut Lake, New Hampshire-Maine.

4. "then up said River to Palmachinanabagogg Lake, including all the waters and Island thereof - thence up Awsisgowassuck river to the carrying place that leads into Awseecunticook river, or St. Frances (sic) river -"

The boundary route here begins somewhere south of Parmachenee Lake on the Magalloway River. The similarity between the words "Parmachenee" and "Palmachinanabagogg" identifies them as most likely one and the same lake. The similarity becomes more evident if "bagogg," a common suffix, is dropped from the latter; and if "R," which is not a letter or sound int he Abenaki language,9 is dropped from Parmachenee." The boundary route follows the Magalloway River, formerly the Awsisgowassuck River, upstream to Parmachenee Lake and then continues up the Magalloway River from where it flows into the lake. From Parmachenee Lake to the headwaters of the Magalloway River near the height of land separating the United States and Canada is about thirteen miles. The exact location of the carrying place across the height of land remains uncertain. One likely route employs the West Branch of the Magalloway to Mountain Pond and across the divide to the headwaters of the Riviere Ditton in Canada. Another possible route takes the Third East Branch of the Magalloway River across the divide to the headwaters of the Riviere au Saumon, also in Canada. In either case the Riviere Ditton joins the Riviere au Saumon in a few miles, and the deed most probably refers to the Riviere....

What can be discerned from the historical record(s) is that Thomas "Tomas" Robert O'Bomsawin "Abomsawin" was retrospectively-speaking, working with the late Homer Walter St. Francis Sr in Swanton, Vermont, lived with "Chief" Homer St. Francis (that is how he was introduced to Daisy Goodman, since she was living with Homer as well, after having altercation(s) with her companion Phenix Hearn in Swanton. She was also a grant writer for A.S.H.A.I. and Wobanaki, Incorporated etc., working for Homer St. Francis Sr. as well.) Both Tom and Daisy Goodman, as aforementioned in this blog, attempted to do a Land Claims against the Robertson's Lease of 1765 to try and stay behind Doris Minckler's home. When that endeavor failed, they left Swanton, Vermont and relocated to North Stratford, Coos County, New Hampshire to settling on Daisy's mother' property.

Later they moved into the home itself. Of course, Thomas Robert O'Bomsawin was not through with "Land Claims" endeavors. He simply went from the "Robertson's Lease of 1765" of northwestern Vermont to the "Philips Grant" of 1796 in Coos County, New Hampshire. He had to secure a known Native descendant population in the area (even if he had to solicite a "created community"). The Stone Family of East Stratford, Coos County, New Hampshire fit the effort perfectly, since they were Christie May (nee: Phillips) Sweetser or Sargent descendants through her daughter Isabelle Sargent or Sweetser having married Frank Omega Stone on October 10, 1926 in Stratford, New Hampshire. This organization of families they called "The Abenaki Family Alliance." I was a participant in the meetings, to some degree. But the following documents I had no awareness about until two weeks ago when they were placed into my hands. As follows in the next posting(s) I now share these documents on this blog.

Draft No 3.2 of Bill S.222 April 29, 2010 Fred Wiseman and Don Stevens' Proposed Changes To S.222:

(written in pencil....BRACKETED TEXT APPEARS IN RED

IN ORIGINAL RECORD

- SG 06/20/2010

(Draft No. 3.2– 5.222) Page 1

4/29/2010- MWS - 8:12 AM

[Fred Wiseman and Don Stevens proposed changes 4/29/10] (IN RED)

TO THE HOUSE OF REPRESENTATIVES:

The Committee on General, Housing and Military Affairs to which was referred Senate Bill No. 222 entitled "An act relating to recognition of Abenaki tribes" respectfully reports that it has considered the same and recommends that the House propose to the Senate that the bill be amended by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1. 1 V.S.A. § 851 is amended to read:

§ 851. FINDINGS

The general assembly finds that:

(1) At least 1,700 Vermonters claim to be direct descendants of the several indigenous Native American peoples, now known as Western Abenaki tribes, who originally inhabited all of Vermont and New Hampshire, parts of western Maine, parts of southern Quebec, and parts of upstate New York for hundreds of years, beginning long before the arrival of Europeans.

(2) There is ample archaeological evidence that demonstrates that the Missisquoi Abenaki were indigenous to and farmed the river floodplains of Vermont at least as far back as the 1100s A.D.

VT LEG 257884.1

(Draft No. 3.2— 5.222) Page 2

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(3) The Western Abenaki, including the Missisquoi, have a very definite and carefully maintained oral tradition that consistently references the Champlain valley in western Vermont.

(4) State recognition confers official acknowledgment of the longstanding existence in Vermont of Native American Indians who predated European settlement and enhances dignity and pride in their heritage and community.

4 (5) Many contemporary Abenaki families continue to produce traditional crafts and intend to continue to pass on these indigenous traditions to the younger generations. In order to create and sell Abenaki crafts that may be labeled as Indian- or Native American-produced, the Abenaki must be recognized by the state of Vermont [in order to gain approval by the Indian Arts and Crafts Board (IACB) of the Bureau of Indian Affairs] IN RED

(5) Federal programs may be available to assist with educational and cultural opportunities for Vermont Abenaki and other Native Americans who reside in Vermont

[(6) State recognition will also increase access to federal programs and resources to Vermont tribes that support culture and language preservation, social services, education, and other benefits.
(7) In May 2006, the general assembly passed S.117, Act No. 125, which created the Vermont Commission on Native American affairs and

(Draft No. 3.2– 5.222) Page 3

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recognized the Abenaki and all other Native American people living in Vermont as a minority population. According to Indian case law, recognition as a racial minority population prevents the group from being recognized as a tribal political entity, a designation that would provide the group with access to federal resources.

(6) In May 2006, the general assembly passed S.117 Act No. 125, in an effort to recognize the Abenaki people and create a Vermont Commission on Native American Affairs. The act failed to comport with the recognition requirements of the IACB, and therefore prevented the Vermont Native Americans from marketing their arts and crafts as authentic Indian works.] (IN RED)

[(8) (7)] (IN RED) According to a public affairs specialist with the U.S. Bureau of Indian Affairs (BIA), state recognition of Indian tribes plays a very small role with regard to federal recognition. The only exception is when a state recognized a tribe before 1900.

[ (9) (8)] (IN RED) At least 15 other states have recognized their resident indigenous people as Native American Indian tribes without any of those tribes previously or subsequently acquiring  federal recognition.

[ (10) (9) (IN RED) State-recognized Native American Indian tribes and their members will continue to be subject to all laws of the state, and recognition shal not be construed to create any basis or authority for tribes to establish or

(Draft No. 3.2– 5.222) Page 4

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promote any form of prohibited gambling activity or to claim any interest in land or real estate in Vermont.

[(10) The general assembly has not conferred vested authority to the Commission to recognize Native American tribes, bands, or organizations within the State of Vermont. The commission's role in the recognition process is to collect the applications for recognition, oversee the process, forward the findings of the three person panel of scholars to the general assembly for review, and to provide a recommendation to the legislative committee.] (IN RED)

Sec. 2. Chapter 23 of Title 1 is amended to read:

Chapter 23. Abenaki Native American Indian People

Sec. 3. 1 V.S.A. § 852 is amended to read:

§ 852. VERMONT COMMISSION ON NATIVE AMERICAN AFFAIRS ESTABLISHED; AUTHORITY

(a) In order to recognize the historic and cultural contributions of Native Americans to Vermont, to protect and strengthen their heritage, and to address their needs in state policy, programs, and actions, there is hereby established the Vermont commission on Native American affairs (the "commission").

(b) The commission shall comprise seven be composed of nine members appointed by [the governor for staggered two year terms the general assembly or an entity designated by the general assembly with that authority] (IN RED) from a list of candidates compiled by the division for historic preservation. The governor

(Draft No. 3.2– 5.222) Page 5

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shall appoint a chair from among the members of the commission [Four of these members will serve three year terms and five members will serve 2 year terms.] (IN RED) The [Governor][general assembly][or designatee] shall appoint members who reflect a diversity of [native] affiliations and geographic locations in Vermont. A member may serve for no more than two consecutive terms [unless there are not enough applicants to fill the vacant seats.] The division [of historic preservation] shall compile a list of [candidates from the following:] candidates' recommendations from the following:
(1) Recommendations from the Missisquoi Abenaki and other Abenaki and other Native American regional tribal councils and communities in Vermont.

[(1) Recommendations from Native American communities who reside in Vermont.

(2) Candidates who apply in response to solicitations and publications by the division of historic preservation. Candidates must have a legal residence in Vermont and must denote any Native American affiliation. There is no requirement of the applicant to be of Native American heritage or have any Native American affiliation to apply.]

(2) Applicants [candidates who apply in response to solicitations, publications, and website notification by [to the division..] of historical

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preservation [are residents of Vermont., and of documented Native American ancestry.]

(c) The commission shall have the authority to assist Native American tribal councils, organizations, and individuals to:

(1) Secure social services, education, employment opprotunities, health care, housing, and census information.

(2) Permit the creation, display, and sale of Native American arts and crafts and legally to label them as Indian or Native American produced as provided in 18 U.S.C. § 1159(c)(3)(B) and 25 U.S.C. § 305e(d)(3)(B).

(3) Receive assistance and support from the federal Indian Arts and Crafts Board, as provided in 25 U.S.C. § 305 et seq.

(4) Become eligible for federal assistance with educational, housing, and cultural opportunities.



(5) Establish and continue programs offered through the U.S. Department of Education Office on Indian Education pursuant to Title VII of the Elementary and Secondary Education Act established in 1972 to support educational and cultural efforts of tribal entities that have been either state or federally recognized.

(1) Elect a chair each year.

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[(2) Participate in protecting unmarked burial sits and to designate appropriate repatriation of remains in any case in which lineal descendants cannot be ascertained.

(2) Assist bands and groups of Native Americans who are unrecognized to organize and develop a representative tribal organization in order to petition for legal tribal recognition by the state.]

(3) Provide technical assistance and an explanation of the process to applicants for state recognition.

(4) Compile and maintain a list of [individuals][scholars] for appointment to a review panel.

(5) Appoint a three-member panel [acceptable to both the applicant and the commission] to review supporting documentation of an application for recognition to advise the commission of its accuracy and relevance. [If the applicant and commission cannot agree on the three-member panel for the legislative committee or designee will appoint the review panel. ]

(6) Review each applicant, supporting documentation, and findings of the review panel and make recommendations for or against state recognition to the legislative committee.]

(7) Assist Native American Indian tribes recognized by the state to:

(A) Secure assistance for social services, education, education, employment opportunities, health care, and housing.

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(B) Develop and market Vermont Native American fine and performing arts, craft work, and cultural events.

(8) Develop policies and programs to benefit Vermont's Native American Indian population [within the scope of the commission's authority listed in this section.]

(d) The commission shall meet at least three times a year and at any other times at the request of the chair. The division of historic preservation within the agency of commerce and community development and the department of education shall provide administrative support to the commission, including providing communication and contact resources.

(e) The commission may seek and receive funding from federal and other sources to assist with its work.

Sec. 4. 1 V.S.A. § 853 is amended to read:

§ 853. CRITERIA AND PROCESS FOR STATE RECOGNITION OF ABENAKI PEOPLE NATIVE AMERICAN INDIAN TRIBES

(a) The state of Vermont recognizes the Abenaki people and recognizes all Native American people who reside in Vermont as a minority population.


(b) Recognition of the Native American or Abenaki people provided in subsection  (a) of this section shall be for the sole purposes specified in subsection 852(c) of this title and shall not be interpreted to provide any Native 1

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American or Abenaki person with any other special rights or privileges that the state does not confer on or grant to other state residents.

(c) This chapter shall not be construed to recognize, create, extend, or form the basis of any right or claim to land or real estate in Vermont for the Abenaki people or any Abenaki individual and shall be construed to confer only those rights specifically described in this chapter.

[(a) The state of Vermont recognizes all individuals of Native American heritage who reside in Vermont as an ethnic minority. This designation does not confer any status to any collective group of people.]

[(a b)]For the purposes of this section:

(1) "Applicants" means a [native] group or band seeking formal state recognition as a Native American Indian tribe.

(2) "Legislative committees" means the [Vermont general assembly committee assigned to review applicant petitions for recognition, the house committee on general, housing and military affairs and the senate committee on economic development, housing and general affairs.

(3) "Recognized" or "recognition" means acknowledged as a Native American Indian tribe by the Vermont general assembly, [or the commission].

(4) "Tribe" means an assembly of Native American Indian people who are related to each other by kinship and [who trace their ancestry to a kinship

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group which has historically has a tribal government that] maintain[sed], influence and authority over its members.


[(b c)] In order to be eligible for recognition, an applicant must file an application with the [commission] and demonstrate compliance with [five] subdivisions (1) through [(8 7)] of this subsection which may be supplemented by subdivision [(9 8)] of this subsection:


(1) A majority of the applicant's members currently reside in a specific geographic location within Vermont.

[ (2) A substantial number of the applicant's members are related to each other by kinship and trace their ancestry to a kinship group through genealogy.]

([3 2]) The applicant [has maintained][must show] a connection with Native American tribes and bands that have historically inhabited Vermont.

([3]) The applicant has a [collective political organization that][historically] maintain[sed] influence and authority over its members that is supported by documentation of their [structure][purpose], membership [criteria][process][the tribal roll that indicates the members' names and residential addresses,] and the methods by which the applicant [conducts its affairs][will certify non-member artists.]


 ([5][4]) The applicant has an enduring community presence within the boundaries of Vermont that is documented by archaeology, ethnography,

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physical anthropology, history, folklore, or any other applicable scholarly research and data.


([6][5]) The applicant is organized in part:


(A) To preserve, document, and promote its Native American Indian culture and history, and this purpose is reflected in its bylaws.


(B) To address the social, [political, diplomatic, sovereign,] economic, or cultural needs of the members with ongoing educational programs and activities.


([7][6]) The applicant can document traditions, customs, oral stories, and histories that signify the applicant's Native American heritage and connection to their historical homeland.


([8][7]) The applicant has not been recognized as a tribe in any other state, province, or nation.


(9][8]) Submission of letters, statements, and documents from:


(A) Municipal, state or federal authorities that document the applicant's history of tribe-related business and activities.


(B) Tribes in and outside Vermont that attest to the Native American Indian heritage of the applicant.


(c) The commission shall consider the application pursuant to the following process established by [the commission][this statute] which shall include at least the following requirements:

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(1) The commission shall:


(A) Provide public notice of receipt of the application and supporting documentation.


(B) Hold at least one public hearing on the application. (B) Provide written notice of completion of each step of the recognition process to the applicant [and legislative committee].

(2) Established appropriate time frames that include a requirement that the commission [and its review panel] complete review of the application and issue a determination regarding recognition within one year after an application and all the supporting documentation have been filed, and if a recommendation is not issued, the commission shall provide written explanation to the applicant and the legislative committees of the reasons for the delay and the expected date that a decision will be issued.

(3) A process for appointing a three-member review panel for each application to review the supporting documentation and determine its sufficiency, accuracy, and relevance. The review panel shall provide a detailed written report of its findings and conclusions to the commission, the applicant, and legislative committees. Members of each review panel shall be appointed cooperatively by the commission and the applicant from a list of professionals and academic scholars with expertise in cultural or physical anthropology, Indian law, archeology, Native American [Indian] genealogy,

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history, or another related Native American [Indian] subject area. No member
of the review panel may be a member of the commission or affiliated with or on the tribal rolls of the applicant.


(4) The commission shall review the application, the supporting documentation, the report from the review panel, and any other relevant information to determine compliance with the subsection (b) of this section and make a determination to recommend or deny recognition. The decision to recommend [or deny] recognition [to the legislative committee] shall require a majority vote of all eligible members of the commission. A member of the commission who is on the tribal roll of the applicant is ineligible to participate in any action regarding the application. If the commission denies recognition, the commission shall provide the applicant and the legislative committees with written notice of the reasons for the denial, including specifies of all insufficiencies of the application. [The legislative committee][will then review the application for recognition and determine if the application should move forward or if further documentation is in fact needed.]

(5) [If the legislative committee determines that the applicant needs additional documentation, the applicant has up to one year to provide the additional supporting documentation before a committee hearing is scheduled.
The applicant may file additional supporting documentation for reconsideration within one year after receipt of the notice of denial.]

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(6) An applicant may withdraw an applicationl [at] any time before the [commission] the [legislature committee] issues a decision, and may not file a new application for two years following withdrawal. A new application and supporting documentation shall be considered a de novo filing, and the [commission legislative committee] shall not consider the withdrawn application or its supporting documentation.

(7) If the commission recommends [or denies to the legislative committee] that the applicant be recognized as a Native American Indian tribe, the commission] that the applicant be recognized as a Native American Indian tribe, the commission shall provide a detailed written report of its findings and conclusions to the applicant and the legislative committees along with a reccommendation that that general assembly recognize [or deny] the applicant as a Native American Indian tribe. [Once the legislative committee hearing will be scheduled to take testimony from all interested parties.]

(8) All proceedings, applications, and supporting documentation shall be public except material exempt pursuant to subsection 317 of this title.

(d) An applicant for recognition shall be recognized as follows:

(1) By approval of the general assembly.

(2) Two years after a [recommendation][application for recognition][to recognize a tribe by the commission] is filed with the legislative committees, provided the general assembly too no action on the recommendation.

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(e) A decision by the [commission to recommend legislative committe] to deny denial of], recognition is final unless an applicant or a successor of interest to the applicant that has previously applied for and been denied recognition under this chapter provides new and substantial documentation and demonstrates that the new documentation was not reasonably available at the time of the filing of the original application.


(f) Vermont Native American Indian bands and tribes and individual members of those bands and tribes remain subject to all the laws of the state.


(g) Recognition of a Native American Indian tribe shall not be construed to create, extend, or form the basis of any right or claim to land or real estate in Vermont or right to conduct any gambling activities prohibited by law, but confers only those rights specifically described in this chapter.

Sec. 5. EFFECTIVE DATE

This act shall take effect on passage.

and that the bill title be amended to read: "An act relating to state recognition of Native American Indian tribes in Vermont"

[Upon passage of this act, the existing terms of the commission members will be considered fulfilled. Any existing members will be required to go through the application process with the department of historic preservation as a new candidate to be considered for a seat on the commission.]

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(Committe vote:_______________)

_____________

Representative [surname]

FOR THE COMMITTEE

NO WHERE IN ANY OF THIS BILL, IS GENEALOGICAL CONNECTION(S) TO THE HISTORICAL ABENAKI 

REQUIRED 

THESE "ABENAKI" GROUPS

 RECOGNIZE THEMSELVES

THESE "ABENAKI GROUPS

MANIPULATE

DECEIVE

LIE

IN ORDER TO GAIN

THE ABILITY TO BE IN A POSITION

TO GIVE THEMSELVES

STATE OF VERMONT

"RECOGNITION"

USING

POLITICIANS

SCHOLARS

AND

STATE AGENCIES PERSONNEL

WHO HAVE ADVOCATED FOR AND SUPPORT

THESE GROUPS

THEY HAVE "PADDED" THE

VERMONT COMMISSION

ON NATIVE AMERICAN AFFAIRS

WITH THEIR OWN PEOPLE AND SUPPORTERS

THERE IS NO TRANSPARENCY

THERE IS NO TRUTH

THERE IS ONLY ILLUSIONS

DISTORTIONS

AND MORE

MANIPULATIONS

More Documents From the State of Vermont Archives Regarding Bill S.222 and Frederick M. Wiseman PhD., Etc:

Envelope sent Priorty Mail from SEC 13-Office of the Secretary of State, VT State Archives and Records Administration at 1078 U.S. Route 2 Middlesex in Montpelier, Washington County, Vermont 05633-7701 to Douglas Lloyd Buchholz at P.O. Box 83 in Lancaster, New Hampshire 03584 dated June 30, 2010 via Priority Maine.

Cover Letter to Douglas Lloyd Buchholz from Scott Reilly at the Vermont State Archives and Records Administration in Montpelier, Vermont dated June 30, 2010. Regarding Legislative Committee Records. Thank you for your recent records request. Please find enclosed a facsimile copy of the entire file for S.222 from the Senate Committee on Economic Development, Housing, and General Affairs for 2010. The total charge for these copies is $13.15. An invoice is enclosed as well. If you have any questions, please do not hesitate to contact me. Regards, Scott Reilly, Archivist at the Vermont State Archives and Records Administration (802) 828-2207. VSARA-15/Letter_FoundRecords.doc

S.222-Abenaki Bill File Folder jacket.

To: Senate Committee on Economic Development, Housing and General Affairs

From: Frederick M. Wiseman, Professor, Humanities (Native Studies), Johnson State College

Date: January 21, 2010

Re: S.222 - An Act Relating to the Recognition of Abenaki Tribes

My job as I see it, as a scholar at a VT institution of higher learning, is to help you craft a bill that will satisfy the complex and obscure state recognition standards of the Indian Arts and Crafts Board. If we are going to attempt to have the current recognition legislation meet the federal arts and crafts law, we need to carefully heed the following sentences from the Director, Meredith Stanton's letter of February 14, 2008 to Senator Vincent Illuzzi. In the second to last paragraph Ms. Stanton said:

"Recognition" of a group as a tribe for very limited specific purposes of benefitting from the Indian Arts and Crafts Act falls short of recogntion as a sovereign tribe. (And) ... but it remains to be seen whether specific Abenaki "tribes" are recognized consistent with the federal act.

The key words are "sovereign Indian Tribe" and "consistent with the federal act."

Vermont must be careful in determining which groups are tribes, and the basis upon which tribes are accepted under the recognition umbrella. If we include groups who do not meet requirements of sovereign Indian Tribe (to which we need to add "Vermont sovereign," since it will be beyond VT's authority to recognize foreign entities); they must also be able to be seen as Indian tribes by the Feds - an ominous portent implying that each VT tribe will be investigated by the Feds after State recognition. There must be an attempt by the VT legislature to "get ahead" of the Feds on this one - the groups to be accepted by the VT Legislature had better have a historical and geographic presence that will stand up to scrunity by the Feds. This is the reason why you will need to demand evidence, on the record, of deep time communal culture within the boundaries of Vermont. If this cannot be provided, a group should not be given recognition for the purposes of the Indian Arts and Crafts Act. I have collected, analyzed and organized information useful for VT State recognition for an upcoming academic volume on New England Indians (Against the Darkness: The Wabanakis of the Far Northeast, 1609-1970. [Volume II of the Wabanaki World series], University Press of New England). As part of my academic commitment to the people who I research, I have made this data available for the band's I have studied for their use in any way they see fit, and they have chosen to share with you this mostly unpublished data to support their legislative designation as tribes.

(These 4 groups gave him the "data," of which he supposedly collected, analyzed and organized that "data"...then Fred Wiseman gave this mostly unpublished "data" back to these 4 groups, and subsequently, these groups used that "data" to allegedly substantiate themselves as "Tribes" or "Bands" of "Re-Invented "Abenakis," to this Senate Legislative Committee chaired by an Honorary "Clan of the Hawk" Chief  "Fighting Wolf" a.k.a. Mr. Vincent Illuzzi.)

LINK: http://reinventedvermontabenaki.blogspot.com/2010/01/july-06-1998-letter-from-senator.html

According to Meredith Stanton, Chair of Indian Arts and Crafts Board, individuals, families, and non-political organizations do not qualify, because she used the term "sovereign tribes" -- a collective political entity. Second, she has made it clear that recognition has to be based on acceptance as a tribe, not just to meet the requirements of Federal law. Third, the tribes have to be historically resident in the United States (e.g.

expatriate Canadian Indians are not covered). These revelations led me to investigate various definitions of "tribes" in law and the social sciences to develop criteria that will work against all questions that could be brought against Vermont when we attempt to persuade the Arts and Crafts Board to accept VT tribes as Abenaki Indians. An effective policy definition to meet the specific determinant guidelines of the Indian Arts and Crafts Act of 1990 that oversee Vermont state recognition is below:

A Vermont tribe is a cultural entity with demonstrable historical and spatial (spatial means: "having to do with space or expansiveness") dimension within the boundaries of the state of Vermont. To restate the supposition (supposition means "something that is supposed; an assumption, conjecture or speculation"); a Vermont tribe is 1.) a community of people that 2.) has a documented history of practised culture (doing things, saying things, making things, and belonging to kin-groups [families] that any unbiased (or does Fred actually mean UNINFORMED or UNEDUCATED person's?) observer would say is "distinctly ethnic"); and 3.) has left physical, historical, and testimonial evidence of this communal Indigenous practised culture within defined areas contained by the borders of Vermont that 4.) applies to the period between 1780, when scholars and lawyers agree that there were Vermont Indians, and today, when there are numerous self-identifying Native entities (incorporations), that 5.) can be analyzed from (Frederick Matthew Wiseman PhD's) scholarly perspectives that may include archaelogical, physical anthropology, ethno history, ethnography, linguistics, folkloric studies, genealogy, history, economic ethno botany, cultural and historical geography, political science and race relations study.

There are four Indian groups (Incorporate groups that are led by Presidents/ so-called "Chiefs" April St. Francis-Merrill, Luke "Falling Owl" Willard, Roger "Longtoe" Sheehan, and Nancy "Doe Eyes" Millette-Doucet, which are claiming to be "historical" Abenaki Tribes and or Bands) in Vermont, representing all the Vermont Indians who are enrolled in Vermont resident political organizations that would meet this definition. They are the St. Francis Sokoki Band (April Merrill), Nulhegan (Luke Willard), Koasek of the Koas (Nancy Millette-Doucet) and Elnu (Roger A. Sheehan). If  you want to craft a bill that will have the certainty of meeting the requirements of the Federal Arts and Crafts Act, it is my professional opinion that these groups meet the scholarly and legal criteria. Again, that is ONLY HIS SUPPOSED "SCHOLARLY" OPINION.

If you remember, at the last testimony, each of these groups argued against each other's "Indian-ness" (and parenthethically, against my support of Missisquoi). Today they recognize each other's tribal integrity and have chosen to work together, Missiquoi first accepted Nulhegan (Luke Andrew Willard), then both accepted Koas (Nancy Millette-Doucet, Brian Chenevert, Howard F. Knight Jr. and Nathan Elwin Pero...later Nancy Doucet removed herself from the "Koasek" group, and attempted to "get back into the same." Unsuccessful, she left with her family members, and some other "members" wh then incorporated in both N.H. and Vermont, creating yet another spin-off group claiming to be a "Koasek" Cowasuck "Tribe" or "Band" of Abenakis) . It wasn't until last year that Elnu (Roger Anthony "Longtoe" Sheehan) , which is in Southern Vermont, far away from the Northern VT Abenakis, proved to the three bands of their historical and geographic authenticity -- to become accepted as the fourth band of the alliance. The Last time I testified before your committee, I knew little or nothing about Nulhegan and Elnu. I had known Chief Nancy Millette-Doucet of the Koaseks of the Koas since the late 1990's but virtually nothing about the rich history of the Newbury Indigenous community. This resulting coalition is what Chairman Vincent Illuzzi in 2007-2008. This is what we have. The four bands now probably collectively represent some 90% of all self-identifying Vermont resident Indians who profess an Abenaki ancestry (NOT TRUE). This does not mean that other Vermont individuals and organizations professing an Indigenous identity are not "Abenaki" or "Native American." It just means that I am unaware, as a scholar, of other multi-family political organizations that are geographically restricted to demonstrable homelands.

I have worked in good faith with the Legislature toward Abenaki recognitioin since 1993,

and have suffered many heartbreaks and betrayals by the Governor, the Attorney General, legislators, and other VT and regional Abenakis along the way. To ask for total agreement among Abenakis and Individuals in this matter - in a way that will satisfy the Federal Indian Arts and Crafts Act -- is impossible. To ask for total unanimity amongst Abenakis -- while accepting political disagreement in other legislative considerations -- is unfair. I ask that you allow everyone to make their best case and then decide who or what you will accept. You have a bill that works; you will have historical, cultural and geographic evidence that works. (YET NO GENEALOGICAL EVIDENCE to CONNECT TO THE HISTORICAL ABENAKIS) You have a majority of the Alleged and Reinvented VT Abenakis included under its umbrella. Please do not turn your back on the Abenakis because of internal Abenaki discord or because it is "too much B.S." given the economic situation. They have waited for hundreds of years for acceptance as to who supposedly they are. (B.S., correction: these Inc. Presidents who self- proclaim to be "Chiefs," have waited ONLY since these groups have INCORPORATED ca. 1975-1976....) It is up to you to decide what to do.

Frederick M. Wiseman

Professor, Humanities (Native Studies)

Johnson State College.

Johnson, VT

State Of Vermont

Senate Committee Members:

Sen. Vincent Illuzzi, Chair

Sen. Hinda Miller, Vice Chair

Sen. Tim Ashe, Clerk

Sen. William H. Carris

Sen. Douglas A. Racine

Senate Committee on Economic Development, Housing and General Affairs

Tuesday, January 26, 2010 10:00 AM Room 10

S.222 - An Act Relating to the Recognition of Abenaki Tribes

Introductions

Sen. Vince Illuzzi, Chair

Overview of Proposed Legislation

Sen. Hinda Miller, V-Chair

Luke Willard, Nulhegan Band of the Coosuck Abenaki

Johnny Prescot, Sub-Chief, Koasek Traditional Band of the Koas Abenaki Nation

Roger Longtoe Sheehan, Chief, Sogono Elnu Tribe of the Abenaki

April Merrill, Chief, St. Francis Sokoki Band of (Missisquoi)

Howard Knight, Retired Chief. Senior Advisor, Koasek Traditional Band of the Sovereign Abenaki Nation

Nathan Pero, Clan Chief, Nolka (Deer) Clan, Koasek Traditional Band of the Sovereign Abenaki Nation

Charles Delaney-Megeso, Chair, Vermont Commission on Native American Affairs

Frederick M. Wiseman, Chair, Department of Humanities, Johnson State College

Don Stevens, Missisquoi Abenaki

Senate Committee on Economic Development, Housing and General Affairs

Tuesday, January 26, 2010, 10:00 AM

S.222 - An Act Relating to the Recognition of Abenaki Tribes

Participant Sign-In Sheet

Name/Title-Address/Phone-Email Address:

Roger A. Longtoe Sheehan

Route 30

Jamaica, Vermont

Brad Allen Barratt VCNAA

1185 Shelburne Road, A 306

South Burlington, Vermont

Charles Lawrence Delaney "Megeso"

P.O. Box 5862

Burlington, VT. 05402

Howard F. Knight, Jr.

573 E. Main St.

Newport, VT

Paul Joseph Bunnell - Sub-Chief

45 Crosby Street

Milford, NH 03055

Shelly Janet Bordeau (sister to Karen Majka)

175 High Road

Gilbertville, MA

Karen Mica (Majka) - Lemoine nee: Bordeau

70 Ware Road

West Warren, Massachusetts

Nathan Elwin Pero (son of Elwin Merle "Joe" Pero)

Jared Pero

3649 Blood Brook Road

Tugg Hill

Fairlee, Vermont 05045

nathan.pero@valley.net

James Haskins

Littleton, New Hampshire

jhaskins@roadrunner.net

Donald Warren Stevens

156 Bacon Drive

Shelburne, VT 05482

David Skinas

dave.skinas@vt.usda.gov

Chief April Ann (nee: St. Francis) Rushlow - Merrill

100 Grand Avenue (actually that is their Incorporation Office/ Abenaki Tribal Museum and Cultural Center)

915 Frontage Road (this is her actual address)

Swanton, Vermont 05488-8786

(802) 868-3806

sogomo@comcast.net

Brenda Mary (nee: Perretta) Gagne

7116 Vermont Route 78

Highgate Center, Vermont 05459-3027

(802) 868-3459

circleofcourage@comcast.net

Jeffrey Miles Benay

227 Carroll Hill Road

Fairfax, Vermont 05454

(802) 849-6888

jeffreybenay@wildwest.net

Senate Committee on Economic Development, Housing and General Affairs

Tuesday, January 26, 2010, 10:00 AM
S.222 - An Act Relating to the Recognition of Abenaki Tribes
Participant Sign-In Sheet:

Thomas "Tom" Leo Phillips
(Member of ASHAI's Board of Director's and is on April Merrill's "Tribal Council"...which is actually the incorporation "board of director's)
2701 Vermont Route 15E
Hardwick, VT
(802) 472-6935

Mike Wayne LaFrance
(son of Osborn Oscar Lafrance and Alfreda Ann nee: Hagan)
P.O. Box 94
Bristol, Vermont
05443

Frederick Matthew Wiseman PhD
Johnson State College
Johnson, Vermont 05656

Chief Luke Willard
Orleans, Vermont, 05860
firstnationslw@yahoo.com
Derby, Vermont

Richard Robert Bernier
("Skip" born June 19, 1939 Barton, VT to Melvina nee: Robert "Obomsawin")
(Melvina Gabrielle Obomsawin/ Robert was born ca. 1905 in Pierreville, Quebec, Canada/ Odanak Abenaki Community)
Newport, Vermont
richard-bernier@people.com

From: wiseman@vtlink.net

To: hinda@deforestconcepts.com; vincentilluzzi@hotmail.com; MEREDITH@leg.state.vt.us

Subject: Tomorrow

Date: Thu, 25 Feb 2010 18:17;34 -0500

I see that Mike McShane is testifying tomorrow at 10:00. Is this true?

I have tried to send Meredith Sumner and Hinda Miller my thoughts from my mobile phone (just purchassed last week) and am not sure that they went through - since I haven't received any notice of this - I guess not.

I seem to remember that the AG (Attorney General Bill Griffin) said to all of you that he wanted Abenaki recognition for purposes of arts and crafts. I noted that Mike McShane has not appeared in testimony until this point. If you remember, weeks ago I told you that the ploy to use enhanced criteria against Abenakis would be an endgame of the AG. Let us see if McShane is as predictable as Bill Griffin.

So I came home early to be sure that the Abenakis' interests are represented - I will be in Montpelier tomorrow at 9:00- 12:00 in case you need a rebuttal to McShane's predicted remarks.

However, and most importantly--I noticed that in the criteria section there was a backhanded reference that the Four bands send you complete lists of their citizens. This did not happen, nor can it happen, for if Hinda Miller remembers from our discussion at her house, the bands would never submit lists of citizens to VT. This is because the VT AG used tribal rolls send to the Federal Government as a source of information to use against Missisquoi in a court case. This sectioin should be somehow worded that the bands would not or did not do this, or make the requirement optional.

All bands have met five of the specific criteria (that Mr. Frederick Matthew Wiseman PhD created!) , Missisquoi and Koasek have met nine, and Nulhegan and Elnu have met seven. I can testify to that if you wish.

Please let me know tonight if possible if testimony is tomorrow - I came back from Vacation for this and will brave the predicted snow to be there.

Be well-

Fred

From: Fred Wiseman

Date: 2/26/2010 February 26, 2010

Re: Koasek Traditional Band of the Koas Abenaki Nation - Criteria

Notice that this FORMAT is different than what became the "Decolonizing the Abenaki: A Methodology for Detecting Vermont Tribal Identity" by Frederick Matthew Wiseman, PhD. ALSO NOTICE: There is NOTHING "Historical" about really anything Mr. Wiseman cited in this document regarding this incorporated group led by Nancy (nee: Millette) Cruger-Lyons-Doucett!

St. Francis Sokoki Band, Abenaki Nation at Missisquoi Recognition Criteria

The "tribal council" is the actual Board of Directors for ASHAI, and previously in this blog I conducted a comparative between this so called "tribal council" and the ASHAI Board of Director's. My conclusion: "both are one and the same."

As for (6), it has already been ascertained and verified that William Haviland and Power's book Original Vermonters used John Moody's questionable and dubious "ethnohysterical" work. Sure, some families COULD BE of Native American descent, but that DOES NOT CONCLUDE definitively or conclusively THAT THESE FAMILIES, ARE "ABENAKIS." For Frederick Matthew Wiseman PhD, to cite his own published work Voice of the Dawn, (An AutoHysterical History of the Alleged and Re-Invented "Abenakis") is just blantantly arrogant and egotistical to my thinking. Even Colin G. Calloway's book, The Western Abenakis of Vermont, 1600-1800 cites and used John Moody's questionable work, and the Office of Federal Acknowledgment stated this in their review of the documentation for the group that Mr. Frederick Matthew Wiseman PhD. belongs to and advocates for!

Nulhegan Band of the Coosuk Abenaki Recognition Criteria

Notice that number (10) of this particular document page ONLY MENTIONS Frederick Matthew Wiseman PhD. as having supposedly researched 1790 to 2010 history of this "Nulhegan" group. Nowhere in this documentation does anyone see , that FACTUALLY and DOCUMENTARILY-SPEAKING, Luke Willard's group came from - out of Ralph Skinner Swett's group "Clan of the Hawk, Inc.," which evolved or came from Howard Franklin Knight, Jr's so-called Cowasuck Inc. "group" AFTER August 17-20, 1994!

Kind'a Makes a Person Wonder Whose B.S.'ing Who eh?

What 

LEGITIMATE

and

UNBIASED

historical

research

was actually done

????

The

Answer

=

NONE

Elnu Tribe of the Abenaki/New Recognition Criteria

Again, number (b) implies that there is a "Written Constitution, based on supposedly 'historical' memorized wampum records." People are supposed to take these people's "testimonials" based on what they interpret from a string of porcelain, wood or clay colored tubular beads "as gospel, the truth of the merits of their alleged historical merits because these groups SAYS so, with a smile?

Again

"More Grandma Said So Stories"

that

has

NO FOUNDATION

Yet, again....these cited video materials are CONTEMPORARY and are not historical. Re-Enacting and dressing up in what appears to be "Period Clothing" and cutting off one's red or blond hair and painting one's "white" caucasion face with red ocre, fire pit soot, and perhaps Crisco grease does not make one an "Abenaki Tribe or Band." Anyone can point to a Petroglyphic image in a rock, and claim to know or "interpret" the image and or proclaim to know the "sacredness" of such an area. Anyone can appropriate or expropriate "historical" maps, geographic areas, genealogical ancestors, an Indian or "Abenaki" Identity for themselves, and even rocks too!

With such dynamics happening, in N'dakinna and throughout New England today, one would think that these incorporation Alleged and Re-Invented "Abenaki" groups would have a sense of intergrity and honesty. I find it quite non-exsistent within their "historical" records!

(Draft No 1.1-S.222)

January 22, 2010- MWS - 2:13 PM

TO THE HONORABLE SENATE:

(Draft No. 1.1-S.222)

January 25, 2010- MWS - 12:02 PM

TO THE HONORABLE SENATE:

(Draft No. 3.3 - S.222) WISEMAN/SUMNER EDITION

February 26, 2010- MWS - 8:56 AM

TO THE HONORABLE SENATE:

(Seperate Document)

COPY

BILL AS INTRODUCED S.222

2010   

Introduced by Senators Hinda Miller, Diane Snelling, and William Carris

Referred to Committee on

Date:

Subject: Abenaki people; recognition; Vermont commission on Native American affairs 

Statement of purpose: This bill proposes to recognize the following tribes as the original Western Abenaki Indian tribes residing in Vermont: the Abenaki Nation of Missisquoi St. Francis Sokoki Band, composed of the Missisquoi, St. Francis, and Sokoki Bands; the Koasek Traditional Band of the Koas Abenaki Nation; the Nulhegan Band of the Abenaki Nation, also known as the Northern Coosuk/ Old Phillip's Band; and the ELNU Abenaki Tribe of the Koasek. This bill also proposes to amend the composition of the Vermont commission on Native American affairs, and do adopt the United Nations Declaration on the Rights of Indigenous Peoples.

(Draft No. 5.1 - S.222)

March 10, 2010- MWS - 4:13 PM

TO THE HONORABLE SENATE:

(Draft No. 3.2. - S.222)

April 29, 2010- MWS - 8:12 AM

Bracketed Text Appears in Red In Original Record - June 20. 2010 (in pencil)

[Fred Wiseman and Don Stevens proposed changes April 29, 2010]

TO THE HOUSE OF REPRESENTATIVES:

(I will post this particular 16-page document next)

© 2002 Marty Two Bulls

Doesn't this MAKE A PERSON THINK

Its much more than "our religion" that they are trying to steal today

These Incorporated Self-Identified "Abenaki" groups in Vermont and New Hampshire WANT to steal "Abenaki Identity" and Abenaki Sovereignty (what's left of that identity and sovereignty if it exists at all today with any integrity) that these 4 + groups a.k.a. "The VT Indigenous Alliance" would get on their belly's, to slide and slither themselves up the Vermont and New Hampshire Legislative stone steps, and WHORE themslves out to the highest bidder of the State Political System with their plastic beads and their leathers (or "Indianist" themed clothing attaire)! All in the name of selling out their so-called alleged "Abenaki Culture, Heritage, and dubious "Abenaki" Ancestral People!

To

Be

An

"Authentic"

Abenaki

Indian

nowadays

~

just

run

to

your

nearest

Secretary of State's Office

"incorporate"

yourself

"as an Abenaki"

"group"

"claiming to be"

"An Abenaki Tribe or Band"

Get Your Friends and Family

to join you

and claim you are

The Abenaki Chief

or three if you have them

throw in a Medicine Man/Shaman

too

~

Wanna-Be

Abenakis

FOR SALE

~

they are

A DIME A DOZEN

in Vermont

and in New Hampshire