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The purpose of this blog is to give a voice to the Abenaki People who wish to "set the record straight", repair damage to their reputations, and simply tell the truth as they see it. No personal attacks here, just a safe forum to respond to the blog "The Reinvention of the Vermont Abenaki" by Douglas Lloyd Buchholz. Don't let his rant become "history"!
Is Doug Buchholz Abenaki?
ReplyDeletedepends on the day. As you can see in many of his rantings on the internet he uses Abenaki Child as a handle, claims he has genealogy that proves he is abenaki however it is his long winded story with no documents that show Indian on them. there are few documents that would say that due to census laws years ago, no reservations that have enrollment list like out west etc etc. Basically Douglas is a kitchen table genealogist who does some good research but with all the twisted lies he adds onto facts who to heck would know what is true and not true on any subject! A real genealogist takes an oath that their work will be protected. As you can see what ever Douglas finds ( fact or fiction) he posts. do a www search and find out for yourself all the nutty things that are out there....
ReplyDelete(Mark Leckie is Doug Buchholz)
ReplyDeleteRe: Wood(w)ards being abenaki/Indian/blkft??
MLeckie3135 (View posts) Posted: 17 Jan 2002 10:40AM
Classification: Query
Surnames: Woodward
Kwai (Hello);
I am just thrilled to hear from someone out there that has heard something in regards to the Woodward's being of Native ancestry. If you can call me please do so this very evening at 603 788-4120. I'll reimburse you for the $$ to do so. I have alot to share with you as well. I have been researching this Woodward ancestry of mine for years as has other folks. My endeavor is to lock down and confirm or perhaps deny the oral history in the Woodward descendnats that the ancestry was of (in part?) Indian/Abenaki. Right now I have my stronger side towards the reality that there is Native blood in the Woodwards. But nothing really definitively black and white. I've collected alot of oral history and alot of photographs, connecting to alot of other Woodward descendants. Please do communicate with me asap. I can call you if your comfortable with providing me with your phone number and address. Thankyou again so much for this wonderful reply. I look forward to hearing from you. (I don';t care what time of the evening you call....so if its 1 am in the morning feel free to give me a call) Mark Leckie
Abenaki Politics Quiz
ReplyDeleteDoug is working for:
A. Paul Pouliot
B. Odanak
C. the State of Vermont
D. the FBI
Since "A" went to court with him, we might ask who THEY are working for.
ReplyDeleteMy grandnephew done told me about this here fella over Lancaster way that's been writing bad things about some Indian folks and he's been wanting paperwork on em so he can figure out if theys Indian or not. I'm gonna write this thing, but I don't know where to mail it, so grnephew is gonna have to.
ReplyDeleteI don't have much school education but I do know a thing or two about nature. I can look down at my privates, and I can plain see that I'm a man. That's the law of nature. The government gave my mother a birth certificate that says I'm a man too. That's mans ways.
Now lets say my birth certificate got ruint. I can still look down and see I'm a man. People all around me can look at me and tell I'm a man. I act like one and still look like one. And I ain't gonna show my privates to any of em just to prove it. And if they say I ain't no man without a piece of paper to show it, I say they ain't following nature.
And Indians follow nature, not man made up stuff that can get ruint.
I guess its kinda like the paperwork I got on my Jersey cow. It don't mean much. The cow can't read it, but she goes on giving milk just the same. So if you got the paperwork or not, don't much matter, your gonna be what nature made you. So if your Indian, you'll act like one. If you ain't , you'll be chasing around little bits of paper and sticking your nose in other peoples privates.
C. Johnson
I owe that fella Duglass a great big apology.
ReplyDeleteWhen my grandnephew, Pat, done told me that this fella was demanding paperwork on folks saying theys Indian, well, I done figured that Dug was gonna be the one to figure out whethers they really were Indian or not. I shoulda known that Pat didn’t have it right as hes been addled since he was a kid. He gets them Sociable Security checks cause he aint right in the head (and I know that pat is gonna read this, but by golly, he must know he aint wrapped too tight, right Pat? So just type this thing up, Pat, and send it off to that fella).
Now Pat tells me that this fella is saying them Indian folks gotta show their stuff to the govenor and the legisltaure, so them good govment folks can figure out who the Indians are. Well, I think this is a mighty fine idea as I’ve seen what a great job the govment does on all kinds of things, even tho they lost my tractor registration three times I don’t hold that again em. So I called down there in Concord to the govenor and asked to talk to who was in charge of keeping track of the Indians? They done told me aint no one keeping track and I told them that was a very bad thing as there was Indians around up to all kinds of mischief, like trying to learn to speak another language that didn‘t even have the letter “r“ in it and how are they gonna say the pledge of alligience if they cant even say “r“, beating on drums and dressing up in funny clothes, like Dug said leathers and feathers. I told the lady I spoke to that if them Indians wanted to speak another language then they should just get back where they came from and talk it amoung themselves. The state lady said I might have better luck calling the state of vermont and asking them how they keep track of the Indians. So I called over there and they said they aint’ figured out how to keep track yet either. She said Dr. Perkins tried keeping track of them Indians over there a few years back and got in all kinds of trouble so they had to lose a whole bunch of records on em.
So I says to the lady, “you mean to tell me you aint’ keeping track of whose the real Indians and theys got all that free land?” and the lady told me Indians aint got no free land. So I says “they get all that free govement money and casinos and cheese and such” and the lady says nope they don’t get that stuff either. So I was hollering by then that those damn Indians must be getting somein for nothing as Dug says theys so many that wanna be an Indian and she said they don’t get nothing special, not even a free hunting lisence. I don get it, why would these folks wanna be an Indian like Dug says? Sounds like a lot of hard work to me where’s they always wantin to be taking care of the land and such.
Would like to jabber some more, but need to put my hip boots on and shovel shit out in the barn. Like I tell Bessie the cow, “don‘t take many brains to make a lot of shit.” Wonder if Dug would like to come work for me?
C. Johnson
Those Abenaki who have held on to Native identities and homelands have done so secretly and often only in small ways, not big easy to trace ones. The tough thing about secrets is they leave little trace, especially if they were kept well. That's been the point and the struggle of the Abenaki since they became public again in the 70s. I wish it were as clean cut as Doug would like, but if it were we might not be here at all. Sure it would be nice to weed out the wannabes, but as Doug shows, on a certain level we are all in the same boat on that one. At least some of us, in spite of the "overwhelming weight of history" still "want to be".
ReplyDeleteTo those who still identify as Abenaki: Please don't let this blog discourage you! Learn your language. Learn your culture. If you’re not sure if its truly yours, learn it for the simple sake of keeping it alive to share with others. God knows America could learn so much from the knowledge of its Native peoples. If nothing else as North Easterners we have, if we choose it, an obligation to honor those first inhabitants relations or not by preserving their ancient ways. We do share the same land, the same home. It has shaped us as it shaped them. Knowledge still equals power and knowing Abenaki ways, living Abenaki ways, speaking Abenaki language, if it’s all we can ever do all we can ever prove, is plenty tangible enough for me.
My vote is "A" Paul Pouliot. Not too hard to figure out, since Paul has not been mentioned or bad mouthed in the timeline.
ReplyDeleteI don't know which is more disgusting, the things Douglas posts on his blog, the fact that Douglas posts this crap in the first place, or that anyone bothers to read it.
ReplyDeleteAin’t been able to keep up on what’s been agoingon, been terrible busy here on the farm. Sorry state of affairs going on.
ReplyDeleteI got me a hound dog some time ago when a fella who moved out here from Washington state had to get a rid of it so he could move into one of them govmnet apartments. Nice dog it was, kinda happy and some excited about sniffing around here and looking for other doggies like him. I took Dog and a set him up on the farm and said “Dog, you’ll have a home here as long as you be good” . Even fed him in the house, instead of outside, and the neighbors even fed him when he was awandering around, Aunt Doris even made him a nice collar with a nice dog tag on it. Tried to make him comfortable here figuring must be hard for the pup to be away from the place he was bred and born.
Dog was settling in mighty fine and came friendly with the chickens. Didn’t matter to him what kinda chicken, my Keni Reds (they’s got papers) or the plain old chickens who been scratching here for bout 10,000 years give or take. The chickens tolerated Dog, they knew he weren’t no chicken but never paid no mind. One day Dog got acting kinda funny, snapping at some of the chickens, and after that, some of them chickens wouldn’t have a thing to do with Dog and would just run away if they seen him a coming. Too bad all of em hadn’t done that very thing.
Well, Dog got worser and worser, starting to drool and biting more and more. He went first for the old mongrol chickens, chomped them to pieces! And I swear by the good Lord that them Keni Reds were smiling behind their beaks, as they always thought they was a little bit better than their mongrol cousins and was happy to see em chewed up and spit out in a pile of drool and snot. They were a thinking that ole Dog never bit THEM before and they kept a clucking and scratching in the dirt, never looking behind em. Musta been quite a surpise when Dog pounced and took them down too.
When the massacree was done, Dog looked around at all his old buddies, dead and bleeding on the ground, feathers strewn every which way, and the other chickens all run away, and you know what Dog did? He howled and howled, barking and bawling, wondering why he was all alone and where all his chicken friends had gone. I reckon the slobbering fits had taken ahold of his brain and he didn’t even figure out he had either kilt them or chased em off. Pathetic sight , it was. He hung his head real low, and afore I could stop him, he ran off, heading west, tail tucked betweein his legs.
Ya know, they’s times dogs don’t set well in a new place, ain’t their land, the air s different and they’s always a looking for the rest of the litter they left behind.
Mabe, when he gets back to where he come from, he’ll get better, but good golly, what a mess he’s left behind.
Mr. Johnson
Since Mr Buchholz seems to think that any record deemed "public" deserves to be mass distributed, perhaps he will put the same attention to posting his own criminal record documents.
ReplyDeleteI would strongly recommend that no one enter a sweat lodge with this Douglas person. The energy one puts out, is what is returned, and such negativity and unbalance this person carries could harm others in the sweat.
ReplyDelete"I damn well don't need or will ever seek out their permission or anyone else's to be Abenaki or to conduct myself upon this land as such."
ReplyDelete"Time will
ReplyDeletetell if the VCNAA can fall under the Federal Indian Arts and Crafts
Law. Me, I am satisfied to just sell my artwork as an Abenaki
Descendant. The Fed's already said that by doing so, they cannot and
will not bother us, regarding selling our artwork under such label.
Are we not all descendants of Abenakis, so what is the harm in using
the term "descendant"? I guess its all about getting the most bang
for your $$$ for being Abenaki for some people. Me, I just want to be
able to know my familial history, share it with others, subsist from
the land as best I can and have my families descendants have the
responsibilities for doing the same upon N'dakinna. I don't need
anything from the Vermont State Government except some day I would
like from the State of Vermont and New Hampshire a defintive apology
for the Eugenic's Program assaulting my families ancestors and
respect towards my family as abenaki descendants. I don't think that
is too much to ask for from the Government. I don't need their money
for being Abenaki. I don't need a Tribal Card or their serial number
either. I damn well don't need or will ever seek out their permission
or anyone else's to be abenaki or to conduct myself upon this land as
such. All I ever wanted was to know the truthful reality of my
Woodward ancestors and their allied relatives and to have them simply
respected and acknowledged as being Abenaki descendants.
Theres alot more work to be done."
Douglas Lloyd Buchholz
(posted on Abenakinewsissues@yahoo.com August 19,2007 12:32 PM)
Invasion of Privacy
ReplyDeleteThere is recognized in most states, including New Hampshire, a cause of action for the invasion of privacy. This theory of liability is broader than the simple claim that someone has read your mail or peeked through your curtains. An actionable invasion of privacy may occur when anyone, including an employer, publicly reveals private facts about another person that, when made public, will cause embarrassment, humiliation or ridicule to that person. This theory of liability exists even if the facts made public are true.
About the Author
Craig L. Staples is a seasoned litigator and trial lawyer serving the legal needs of individuals and businesses throughout New Hampshire. Mr. Staples has handled over 500 civil litigation cases on behalf of institutions, businesses and individuals in 23 years of legal experience. He graduated with honors from the University of New Hampshire in 1976, receiving his J.D., cum laude, from Villanova University in 1979 where he as a member of the Villanova Law Review. He concentrates his practice in the areas of employment law, anti-discrimination law, civil rights and business law on behalf of public and private employers as well as management level employees. He has tried numerous jury and non-jury cases both in New Hampshire and Pennsylvania including the defense of a civil rights class action lawsuit involving a class of over 400 plaintiffs against a New Hampshire municipality and its officials. Mr. Staples also has substantial appellate advocacy experience having appeared and argued successfully before the appellate courts in Pennsylvania as well as the New Hampshire Supreme Court. He has frequently lectured to employers, public officials and to bar organizations in the areas of municipal liability, civil rights and employment law.
Law Offices of Craig L. Staples
Please contact me directly with your legal issues and concerns. There is no charge for the initial consultation. I can be reached by:
Telephone: (603) 225-9858
FAX: (603) 225-4995
Email: clstaples@stapleslaw.com
U.S. Mail:
P. O. Box 1030
Concord, New Hampshire 03302-1030
The "connections" between families through the years answer alot of questions. So don't just look for birth, marriage or death records in searching for native ancestors. Look for the tidbits of social interactivities between families. I am not yet done with my research into the Woodard and allied families that I am looking for.
ReplyDeleteWe Abenaki descendants some of us didn't go around screaming that we were abenaki descendants nor did we have the local Vital Registrar put down anything but what they thought we looked like. But man, its delightful to find a gem like this that the Switzer folks were coming up north to visit other abenaki descendant folks. We moved around and interacted with each other sort of under the radar of the State. SO as a genealogist sometime its better to be unconventional and unorthodox in one's methodolgy. You never know what you might run across in a newspaper. etc etc
Douglas Lloyd Buchholz
Posted: 14 Nov 2005 4:37PM
http://boards.ancestry.ca/topics.ethnic.natam.nations.abenaki.abenakinat/66/mb.ashx
so where is Douglas Lloyd Buchholz's proof that he is Abenaki? He points fingers at everyone else, but I have yet to see ANY document that indicates "Abenaki" posted by him about his own genealogy. So where is it Douglas? Since he did not come from an Odanak family, according to his own twisted theory, he isn't "Abenaki" either.
ReplyDeleteA public statement:
ReplyDeleteI want to make it clear to the public that #1 I appreciate Salmon's ability to find such clear documentation and posting the facts. However, his opinion and narrative in many cases are totally WRONG! Also I believe some of this documentation suck as my divorce papers are a total invasion of privacy and has no newsworthy merit.
I want to make it clear I have never had any close relationship with Howard Knight and only took the position with Brian Chenevert to protect people FROM HOWARD KNIGHT! Later, I realized that Brian and his group was using me and my hard work for the community as well as our history to make them look like they were Vermont Abenaki! At the end of it all I also received an email statement from Brian that he wanted recognition in VT so he could then have land claims against NH. I also was appauled at the lack of respect he and his MA people gave the old Abenaki families here! So I left them and the community sent them all packing! They then snaged onto Nathan Pero thinking his Vermont recidencey will give them once again claim in VT. I also stood in front of the VT Senate with Paul Bunnell's genealogy certificate in my hand singing his praises as a certif genealogist that he and Brian claimed he was until later I found out the certificate was bogus and nothing else was needed to get that certificate except a few bucks! No classes, no test...just a few bucks!!
I want to make this perfectly clear. MY BAND AND I DO NOT SUPPORT THE BILL IN NEW HAMPSHIRE! The Koasek mentioned in conjunction with that bill and the NH Intertribal is non other than Paul Bunnell and Brian Chenevert's group. Bunnell and Paul Pouliot and Sherry Gould all are trying to push this through and I have made it clear to the NH Government I DO NOT SUPPORT THIS BILL IN NH!!
Also I am sick to death of hearing about Genealogy proof! Genealogy can not prove or disprove anything alone and anyone who is a true genealogist knows that for a fact.
Most Indian Nations and TRUE Indian People support the United Nations Declaration of Indig Peoples Rights. Maybe people should take stock in that if they truely support Real Indian Issues!
Nancy Millette Doucet
It appears Douglas Lloyd Buchholz pretended to be the friend of many good people in the Abenaki community, gathered information from them and then used it to stab them in the back. He is a user of people and a liar. And if you don't think it will happen to you, guess again, as the list of people he slams grows and grows.
ReplyDeleteAs Douglas goes on and on about genealogy, what comes to mind again is that he has NO proof himself of his own so called Abenaki blood. He has no right to point the finger at anyone.Be that as it may, any good researcher would know that there is much more to genealogy than listing out a bunch of names. For example, all those French Canada names, you would have to look at each individual baptismal records or marriage records to find the term "sauvage" on them. You would also want to look at family bibles, etc. Such documents might not be available to the public. And when Douglass "demands" anyone provide "proof", no one is going to give him anything. Why should they? Don't have to prove nothing to him. An ETHICAL or MORAL genealogist would not include the names of people currently living.
ReplyDeleteFirst, a word of thanks. While its very clear the efforts of this blog are directed not at proving, but at disproving the geneology of the modern non-Odanak linked Abenaki and Doug goes to EXTREME, and I mean it, efforts to try and do so, leaving no holds bared to make everyone out to be a WANABE. Nonetheless I have learned a lot about the actual strengths of these individuals geneologies examined and their true Native connections I never knew before. After reading this blog which makes every effort to sway me one way, funny thing is its my opinion that everyone mentioned is a bonifide modernday Abenaki Indian! So oliowni.
ReplyDeleteSecondly, the whole blog just comes off as a personal vendeta and not even a thinly veiled one. He got hurt. He talks about it a lot. Grab your tissues! He's scorned and he's getting payback! When the author ultimately finds the mysterous Indian ancestor hiding in one of his enemies family trees he quickly dimisses them predictably pulling out some crude blood quota joke right from the BIA's talking points memo of 1865. I'm no geneologist but if 1 of someones 2,000 ancestors was an Indian, they're still equally dependent on the 1 to make them whole, infact to exist at all. They need that Native blood and draw on it everyday to give them life just like a 'full blood'. That said their connection to the past can be equally as strong or weak. Statements like 'a papercut lost him that blood years ago' are offensive. I thought we got over this a long time ago. Blood quantum is the governments creation to hold Native peoples down, deprive them of land rights, and ultimately exterminate them.
This morning I woke up early and was searching around when I came once again to this site. What a joy to read so many folks who are finding the good, and the joy that abounds in our community. I too am often encouraged to find gems of strength and beauty even in the most disparaging monologues.
ReplyDeleteI am so very thankful that we have such incredible diversity within the community we share. It takes many different skills and strengths to make a healthy community. My prayer continues to be that we will stay the course of celebrating that diversity to the point that we stop pointing fingers in anger at one another.
In my current work to organize a very unlikely coalition for the passage of HB 1610, I am blessed by each unique person who joins the effort in any way. Even the small handful of detractors add to the beauty and complexity of our community. Our position has been to not engage in any finger pointing, defensiveness or counter attacks in the face of some brutal behavior.
It strikes me that too many times Abenaki people accept behavior within the community that they would never tolerate any where else. Who could keep a job if they behaved this way toward co-workers? What organizations would continue to welcome a member who spoke about other members the way Abenaki often speak about each other?
Most of us were raised to know how to treat each other well. I am glad to see a place where we can practice those skills within the online Abenaki community. Thank you for starting my day on an upbeat note!
Sincerely,
Sherry L. Gould, Director
Wijokadoak, Inc.
A civil lawsuit can be filed against this individual. Go to your local court, and they can give you the form to file. You can file charging public humiliation, slander, libel and invasion of privacy. The civil lawsuit would be for money damages. Even if this individual does not have any money, the courts could make him make payments.
ReplyDeleteHe has just taken this way too far. Publishing personal documents... a divorce of all things! What on earth is he trying to prove or disprove? If he were doing history and geneology of Vt & NH, even then, why divorce papers? A mention of it and a date would suffice.
ReplyDeleteOur forebearers made their choices based on the best way to survive and live in the generations they were born into. Most of us will never know why and that causes us to wonder and dig into the past.
However this "gentleman" has some sort of vendeta or grudge and he is looking rather "disturbed" at this point.
I pray he finds some peace somewhere along the way, life is too short, Indian or not, Creator looks for decent human beings and how we live out our all too short time on this side.
Wonder what Douglas is talking about in his latest posting?
ReplyDeletehere is the link:
http://reinventedvtabenaki.blogspot.com
Per Douglas's latest posting, he admits he has no proof that he is Abenaki, other than "family" history/oral stories.
ReplyDeleteYet he presumes to hold others to a higher standard.
And why is that?
In his deluded thinking, because they publicly state they are Abenaki or are "Chiefs" or are seeking "recognition" or are part of a 501c3 non profit organization.
If we follow his "logic", as long as one doesn't admit publicly that one is Abenaki, or does not have a title or is part of a non profit organization, they can be Abenaki just like him. With no proof.
does anyone else see the illogic in this?
yet he has been performing sweat lodges for years, also firekeeping, presenting himself as Abenaki. Seeking things of this world, such as "recognition" is one matter, but a much more serious matter is spirituality. Perhaps he needs to be held to the same scrutiny that he holds others to and taken to task for being an alleged Abenaki while performing sweat lodges.
Since Douglas LLoyd Buchholz is so into this DNA stuff, you can bet that if HIS DNA showed any indication of "Indian" he would have thrown it out there as "proof".
ReplyDeleteRhonda,
ReplyDeleteYour email was passed along to me at the Health Department. The Vital Records' Office is located within the department and we work closely with the Secretary of State's Office regarding the access and availability of the birth, death, and marriage certificates.
Vermont is one of a few remaining states that have their birth and death certificates as public records. Most recently, Puerto Rico and Maine passed laws to limit access to their certificates. At this time, only four states have no restrictions on access to birth certificates: Vermont, Massachusetts, Ohio, and Kentucky. (There is a bill pending in MA to limit access in their state.)
The vast majority of states consider their certificates as closed records, meaning that access is limited to the person, family member, or legal guardian. In some states, the certificates revert to open record after a specific number of years after the event (e.g., 50 or 100 years). In Vermont, the statutes allow anyone to access and receive a copy of any other person's birth or death certificate - no questions asked and no proof of identity or tracking.
Therefore, I'm required by statute to allow these certificates to be accessible to anyone that wishes to see them or obtain a copy. Various organizations have accessed and made copies of a town's birth and death certificates, such as the Genealogical Society of Utah and Ancestry.com. At this time, most of Vermont's birth, death, and marriage certificates are accessible at the Ancestry.com web site. This is legal and we do not have the authority to request that a person or organization remove images of Vermont's certificates.
I agree with you that access to the certificates with no limitations and lack of proof of identity or tracking creates a risk for individuals and families. Our primary concern is that anyone in the world can request a certified copy from Vermont, which contains all of the information, as well as the state seal and signature. A certified copy is used for legal purposes - proof of citizenship to access state and federal benefits, application for a U.S. Passport, etc. It would be very difficult for a person to create a certified copy based on the image from a web site, but very simple for a person to create or modify a certified copy that they are holding in their hands.
We are preparing a report for the Vermont Legislature that describes these potential fraud issues, as well as recommendations for improving the efficiency of vital records' management. We hope that the report will be released soon and that we can discuss the opportunities for improving the security of these certificates in the 2011 legislative session. We are aware that members of the Legislature share our concerns.
Please let me know if I can help with any additional questions.
Richard H. McCoy
Public Health Statistics Chief
Vermont Department of Health
108 Cherry St., PO Box 70
Burlington, VT 05402-0070
Phone: (802) 651-1862
Fax: (802) 865-7701
email from Richard McCoy, State of Vermont Dept of Health regarding vital records:
ReplyDeleteRhonda,
Yes, please feel free to share this information with other parties. I receive similar questions each month and most people are surprised to learn that these records are available to anyone. It is helpful for the public to know about these certificates and how our state law differs from other states. If additional questions come up, please feel free to forward them.
Race and ethnicity data on vital records' documents are not very accurate, especially on death certificates. In the past, many people would automatically mark "white" or would make a judgment based on the appearance or name of the person. We rarely utilize the race data from those older certificates since we know it is typically poor quality. In recent years, we have asked that greater care be taken in completing this information. For example, we have asked funeral directors to ask the next-of-kin which race/ethnicity would the person have considered themself, rather than make a decision based on his/her appearance. Also, we have expanded the list of races from the original five to a list of 15 options. This has helped slightly. But yes, those old certificates should be considered carefully before making a determination based solely on the race information.
We are hoping to speak with members of the Legislature this summer, so please feel free to check in with me around July or August to see if those preliminary discussions have occurred. We consider this an important issue to address, especially since there are now a few states that are refusing to accept copies of Vermont birth certificates unless my office provides them directly.
If you need additional information for any of your discussions or letters, please don't hesitate to ask. Thanks.
Best,
Rich
Invasion of Privacy Laws
ReplyDeleteInvasion of privacy laws and other related issues in the United States are addressed in various legal concepts. An invasion of privacy law allows an aggrieved party to bring a lawsuit against an individual who unlawfully intrudes the privacy of another person’s affaire, discloses private information, publicizes a false light, or uses a person’s name for personal gain. It’s important to note that public figures have less privacy or right to privacy given the nature of their public life and this is an area of law that is constantly evolving.
Categories of invasion of privacy laws include:
1. Intrusion of solitude - physical or electronic intrusion into one's private affairs. Hacking a computer is an example of intrusion upon privacy. In determining whether intrusion has occurred, one of two following items must be considered:
a) Common sense privacy is expected. For example, Internet privacy issues may arise whereby personal information shared with various websites may be disclosed to the public due to security negligence, and
b) deception, misrepresentation, or fraud occur to gain admission and "gather information" without publication. Notice that publication is not necessary to define intrusion.
2. Public disclosure of private facts – the dissemination of private information which a reasonable person would find objectionable. Public disclosure of private facts arises where one person reveals information which is not of public concern and the release of which would offend a reasonable person. Unlike libel or slander, truth is not a defense for invasion of privacy. Disclosure of private facts includes publishing or widespread dissemination of little-known, private facts that are non-newsworthy, not part of public records, public proceedings, not of public interest, and would be offensive to a reasonable person if made public.
3. False light - the publication of facts which place a person in a false light, even though the facts themselves may not be defamatory. False light is a legal term that refers to privacy similar to the tort of defamation. For example, the privacy laws in the United States include a non-public person's right to privacy from publicity which puts them in a false light to the public. False light laws are intended primarily to protect the plaintiff's mental or emotional well-being. If a publication of information is false, then a tort of defamation might have occurred. If that communication is not technically false but is still misleading then a tort of false light might have occurred.
4. Appropriation – the unauthorized use of a person's good name and records to obtain some benefits. A person’s right to privacy is not just vis-à-vis other individuals but also extends to the government. An individuals' Constitutional rights against the government include:
a) the Fourth Amendment right to be free of unwarranted search or seizure,
b) the First Amendment right to free assembly, and
c) the Fourteenth amendment recognized by the Supreme Court as protecting a general right to privacy within family.
Invasion of privacy laws may provide for monetary damages to be recovered from the privacy invader.
I have studied some on this Doug's website. He does go on doesn't he. I was born in Vermont, and lived every summer on grandpa's farm. Grandpa use to say "the more you stir a turd, the worse it stinks!" Now ain't that the truth! Grandpa never put any stock into the written records of man. He would laugh and slap his knee and tell the story of Elmer, a nearby farmer, who decided to fudge his wife's death certificate. He gave her age as 10 years older, and for her race he told them she was a chinaman,
ReplyDeleteand damn if they didnt write down Chinese on her death record. Old Elmer was tickled pink over his control of that record, and my grandpa has laughed many times telling the story. Vermonters
have a different sense of humor than most. And most old timers who couldn't read and write gave any info they wanted just to get done with it. In the old days, one wasn't much on birthdays and anniversaries. Christmas, Thanksgiving, Memorial Day and Easter were the only dates to remember. July 4th of course was an easy one. The only written work that could be trusted besides the Bible was the Farmers Almanac. Now this here Douglas person, with all his fancy language and airs, needs to get his lazy butt out in the world, do a day's work for a day's pay and stop being a waste of space. Now if I say I have an indian ancestor, then I do, and I don't give a rat's ass what anyone else thinks, especially some wannabee god of the human race.
Since Douglas Lloyd Buchholz has no problem making public other people's addresses, I am sure he would have no problem in letting everyone know where he lives. Oh, yeah, public record from his court documents at Grafton County Court, Haverhill, NH. The sheriff had to serve him when he was taken to court.
ReplyDeleteHis address is: Elmwood Apartments
4 Williams Street, Apt. 14 (upstairs on the left)
Lancaster, NH 03584
His rent is subsidized by the government and he pays one third of his income for rent. Their address is: Berlin Housing Authority, 10 Serenity Circle, Berlin, NH 03570 phone 603-752-4240 or 603-788-4636.
He has used the following names:
Mark Douglas Leckie
Salmon Raven Deer
Douglas Lloyd Buchholz
Mark Douglas Kingsley
My curiosity was raised recently when I saw an old newspaper article that had a quote from Richard “Skip” Bernier who stated he was “100% Abenaki”. I’ve known many Abenaki and Wabanaki people through the years and very few of them have ever said that they were “full blooded”, or if they did, upon further conversation they would admit historical intermarriages with other tribes and Europeans.
ReplyDeleteLet’s take a look at “100% Abenaki” Richard Bernier’s public Vermont vital records.
Per Richard Bernier’s birth certificate he was born in Barton, Vermont. His race is listed as “WHITE”. His father was Elias Bernier and he is listed as “WHITE”. His mother was Malvina Roberts and she was listed as “WHITE”.
Per Richard Bernier’s marriage certificate, he was married in 1961 at Newport,Vermont. He signed the following oath on this marriage document: “ I hereby certify that the facts given within are true and correct to the best of my knowledge and belief”. He self identified as WHITE and swore to that as a fact. Hiding in plain sight perhaps? Where was all that pride then in being “100% Abenaki”?
Malvina Bernier married Joseph Elias Bernier on November 22, 1926 in Derby, Vermont. Her color was listed as WHITE. Her 1923 Vermont border crossing card lists Malvina as “FRENCH”. The 1930 US census listed Malvina, her husband and child as WHITE.
Melvina Bernier’s Vermont issued 1982 death certificate was completed by Richard’s sister, Carol. She identified their mother as WHITE.
Richard’s grandfather was Frederick Robert, AKA Frederick Obomsawin. The Obomsawin name is an old Abenaki name, so no doubt that Frederick was Abenaki, but why did he take the last name “Robert”? Perhaps to hide Indian identity just as succeeding generations did (specifically in this case, his daughter and grandson), to protect themselves and their children from discrimination.
Once we look to Canadian records, proof of Indian heritage is revealed. The 1911 Census of Canada indicates Frederick Robert as Indian, his wife Celine Duperron as FRENCH and the children-which would include Richard Bernier’s mother Malvina as “METIS FR.”. Note that US Census reports have no such designated term as “Metis”, which is unfortunate. On these old US census reports, one is either “white or Indian” and the same person might appear as one or the other depending upon the whim of the census taker.
So it appears that Richard is one quarter Indian. This is the requirement set in place by Odanak to be put on tribal roles. If one subscribes to this restrictive definition of “Abenaki”, succeeding generations of Richard’s family are not Abenaki.
I use the example of Richard’s genealogy to point out the pitfalls in depending upon Vermont or NH vital records or census reports for proof of “Indian/Abenaki” blood . For different reasons, Abenaki people appear as “white” on such documents as evidenced by this one example. Other Odanak descendents who were born in NH also have “white” indicated on their birth records. If Richard’s grandfather had not been a part of a French Catholic mission village where the church and the government kept track of “their“ Indians in a paternalistic way, he would not be able to ‘prove” his Abenaki blood by genealogical evidence. If he did not have this “evidence”, would it make him any less of an Abenaki Indian? Then it should be apparent that the Abenaki whose families chose to remain in their homeland of Vermont and New Hampshire are no less Abenaki than those who chose to live in a refugee village populated by many varied tribes.
To say that the only Abenaki are from Odanak or must have ties to Odanak, is ignorant and misguided. There were thousands of Abenaki in NH and Vermont, yet there were only a few hundred at Odanak. And those thousands of Abenaki who were here in the 1600’s have been reproducing all these years. Do the math, there are thousands of Abenaki descendants in Vermont and New Hampshire today, no less entitled to call themselves Abenaki than their Canadian cousins.
I have been reading through Buchholz's blog chronologically because I have been trying to figure out what his problem is with the Native community in northern New England.
ReplyDeleteHe displays such hate that it is easy to see through his ranting to the real root of it all.
He was a lost, wounded little boy in his 20's who came back east to try and find himself. If you read through his earlier posts in his anger-filled blog, back before he got so full of himself, he lets some truths leak out. This is a child who was abused, placed in a failed adoption, and acted out enough that he was even arrested for assaulting a police officer. He drove around the country in a spray painted hippie van, like so many other lost souls only it was a generation too late for that sort of thing.
Once he got to New England, he wanted to be somebody, perhaps someone who wasn't the damaged little boy that he really was and was on the run from. Thus he decided to be an Indian. We have all sought out our Native roots, each for our own reasons. From a mental health perspective, Buchholz was seeking something else than what most of us were and since his little boy woulds were not healed, of course he didn't find what he was looking for.
When he didn't find what he was looking for, instead of looking inward to find what was really wrong, he lashed out and blamed the community who welcomed him for his shortcomings. This is actually pretty typical of what an adolescent from his background would do.
Unfortunately, his wounds still appear to be unhealed and he is still posting his hate and poison, doing his best to slander and destroy the Native culture in the northeast.
It is pathetic enough that he uses the bad English of a small town newspaper reporters who caption powwow photos as some sort of documentation against people, but even goes so far as to spend his money acquiring other people's divorce records in order to post them online. If it were not for the internet, he would just be that crazy guy living in a shack at the edge of town that rants about invisible monsters that stalk him but the web gives everyone a voice so he uses his to make as much noise as possible in order to hide from who he really is.
His latest post seems like it is meant to somehow prove that the Bruchacs are not native because an ancestor of theirs was referred to as a "colored Frenchman" in a newspaper clipping. While Buchholz portrays himself to be some sort of super-genealogist-historian-anthropologist, one would think he'd understand that in the 19th century, Indians in New England were generally referred to as colored, mulatto, and/or "Canadian" unless they would pass for white. In the 19th century, the mainstream view was either white or colored, with nothing inbetween. His post accidentally adds some evidence FOR the Bruchac ancestor being Native.
It is a shame that Buchholz puts so much energy into his hate filled rants and trying to tear others down. Imagine if he used all of that energy to do good things for the community.