Monday, June 25, 2012

Why Are The Brittain Descendents Being Held to a Higher Standard Than Other Pala Tribal Members?

The Brittain Descendents are being held to a much higher standard than any of the other tribal members at Pala.  Why is this the case?  Ok, we all have some theories so insert your own here.

On the surface is the claim that we do not know who Margarita's father is.  We do know who her father is.  Her father is Pelegrino Ortega.  We also know from the sworn testimony of Carolina Nolasquez that Margarita and Merced had the same father.  Thus, if you really believe we do not know and cannot prove who Margarita's father is then the same must hold true for Merced.

As discussed in the comments on the prevoious post the documents provided there layout how the Pala 1913 Allotment Roll was created.  A hand written document of the allotment roll was used to establish the base roll of the tribe.  This hand written document did not have roll numbers or blood degrees.  The BIA then used other documents such as Family History Cards and notes made by Special Alloting Agent Mr. L.W. Green to reconstruct the base roll of the tribe with allotment numbers and blood degree.

On this reconstructed roll Margarita Brittain is listed as 4/4.  Her children are listed as 1/2.  To get an allotment one had to be at least 1/2.  You will notice looking at the 1913 rolls that everyone is either 4/4 or 1/2.

In the early 1960's Pala's Enrollment Committee set out to develop criteria for how Pala would determine its membership.  A statement was issued by the Enrollment Committee that goes over 5 points for considering enrollment.  You can read that statement below:

Pala Enrollment Committee - 5 points to be considered for enrollment

You will notice how the Pala Enrollment Committee was looking at considering anyone who was removed from Warner's to be counted as full bloods.  Whether this policy was officially adopted or not I do not know.  If it was officially adopted then I would think my Great Grandfather James Brittain who was part of the removal would be counted as 4/4 and not 1/2.

Others on the 1913 Rolls do appear as 4/4 that are not 4/4 Kupa which suggests that some deference was given to those who were removed from Warner's.

Case in point is Rocinda Nolasquez.  She was not 4/4 Kupa.  Her Grandfather Sylvario Nolasquez was "Mexican Indian" (Yaqui).  We can see this on her 1928 Application here:

Rocinda Nolasquez 1928 Application

Most of us who were removed from the Pala tribe starting in June 2011 have no real idea why the tribe considers us disenrolled.  The first 8 to be disenrolled received letters suggesting the 1928 application for Juana Regetti Freeman was the reason.  The remaining 154 disenrolled on February 3rd 2012 received no explanation or reason for the disenrollment.

We know from prevoious BIA documents that the BIA stated the 1928 applications for Margarita Brittain's chidren were tampered with and were not to be relied on for considering blood degree.

We also know Robert Smith requested the 1928 applications for Margarita's Children on June 2nd, 2011 and June 23, 2011.  See the following letter addressed to Robert Smith from the BIA:

13 July 2011 Robert Smith Request 28 Applications for Brittain Descendents

If Robert Smith and the rest of Pala's Executive Committee (Enrollment Committee) now wishes to use the 1928 Applications for determining membership in Pala then why didn't Robert Smith request the 1928 applications for everyone?

Clearly based on this new standard Rocinda Nolasquez should be considered 1/4 Kupa not 4/4.  If we trace her mother's blood it's posisble Rocinda could be 3/4 but I am not familiar with her mother's ancestry.

A commenter wrote this earlier:

"Also, Rocinda Nolasquez grandfather was Sylvario Nolasquez. Her father was Salvador Nolasquez. Her mother's lineage was called foreign in Jane Hills notes...although her mother was Native. Roscinda would have been 1/4 Kupa if we do not count her mother's Indian blood. Rocinda would have been as much as 3/4 American Native if we add her mothers blood."

There are many many other tribal members who would not meet the membership requirements of Pala if the 1928 applications were used to determine Pala Membership.

So, is this the new standard at Pala even though the BIA has stated the 1928 applications are fraught with errors?  Is this the new standard even though one of Pala's original Enrollment Committees wanted to consider anyone removed from Warner's as full blood?

If this is indeed the new standard Pala Tribal Members need to beware.  Robert Smith can at any time request the 1928 applications for your ancestors and remove you from the tribe in a moment's notice.  The descendents of Sam Barker and Remijio Lugo should be concerned as should many others.

Let me state for the record that I do not wish to see anyone else removed from Pala.  I just want Pala to stand on Custom and Tradition, the Articles of Association, and the Constitution which clearly state the 1913 Allotment Rolls are the base roll for the tribe.  You have to be at least 1/16 blood of the band and a lineal descendent from the 1913 rolls to be a member of Pala.

This is what our elders wanted.  This is what they established.  By creating this new standard Robert Smith and the Executive Committee have put the entire tribe in peril.

If you have been told you have nothing to worry about because the Executive Committee won't disenroll you don't believe it.  They said the same thing to many families in the summer of 2011.  They told many of the Brittain Descendents they had nothing to worry about they were not getting disenrolled.

Look where we are today.  We know Robert Smith requested the 1928 applications for Margarita's children as early as June 2011 well before the enrollment committee told people they were not disenrolling anyone else.

The tribe is in serious jeopardy of being torn apart and reduced down to half the size it is today.  The General Council should seek to remedy this situation as soon as possible before more people are disenrolled.  It is already rumored that Pala is looking to disenroll 60 more people.  Are you next?