University of Nebraska - Lincoln DigitalCommons@University of Nebraska - Lincoln Anthropology Department Theses and Dissertations Anthropology, Department of 12-2010 Spirit of the Law: A Case Study in the Application of NAGPRA to Collections from Hopewell Culture National Historical Park, a Unit of the National Park Service Keely A. Rennie-Tucker University of Nebraska - Lincoln, [email protected] Follow this and additional works at: https://digitalcommons.unl.edu/anthrotheses Part of the Anthropology Commons Rennie-Tucker, Keely A., "Spirit of the Law: A Case Study in the Application of NAGPRA to Collections from Hopewell Culture National Historical Park, a Unit of the National Park Service" (2010). Anthropology Department Theses and Dissertations. 10. https://digitalcommons.unl.edu/anthrotheses/10 This Article is brought to you for free and open access by the Anthropology, Department of at DigitalCommons@University of Nebraska - Lincoln. 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SPIRIT OF THE LAW: A CASE STUDY IN THE APPLICATION OF NAGPRA TO COLLECTIONS FROM HOPEWELL CULTURE NATIONAL HISTORICAL PARK, A UNIT OF THE NATIONAL PARK SERVICE By Keely Anne Rennie-Tucker A THESIS Presented to the Faculty of The Graduate College at the University of Nebraska In Partial Fulfillment of the Requirements For the Degree of Master of Arts Major: Anthropology Under the Supervision of Professor LuAnn Wandsnider Lincoln, Nebraska December, 2010 SPIRIT OF THE LAW: A CASE STUDY IN THE APPLICATION OF NAGPRA TO COLLECTIONS FROM HOPEWELL CULTURE NATIONAL HISTORICAL PARK, A UNIT OF THE NATIONAL PARK SERVICE Keely Anne Rennie-Tucker, M.A. University of Nebraska, 2010 Adviser: LuAnn Wandsnider This thesis offers a case study in applying the Native American Graves Protection and Repatriation Act (NAGPRA) to collections maintained at the National Park Service’s Hopewell Culture National Historical Park (HOCU) from the perspective of a museum curator. Hopewell Culture National Historical Park, a complex of various burial mound and earthwork sites dating primarily to the Middle Woodland (2,200 BP - AD 400), is located near Chillicothe, Ohio. The collections here have many culturally unidentifiable Native American human remains and funerary objects eligible for repatriation under the provisions of the Native American Graves Protection and Repatriation Act (NAGPRA). The archaeological and curation histories are complex, contributing to the multi-faceted and complex nature of applying NAGPRA, which is detailed in this thesis. iii The opinions expressed in this thesis are not necessarily those of the National Park Service, the Department of the Interior, or the federal government. The opinions are my own; any errors or omissions are also my own. iv AUTHOR’S ACKNOWLEDGEMENTS This project would not have been possible without the many people involved in its completion. Special thanks go to my adviser, Dr. LuAnn Wandsnider for continual support and improvements to this thesis. I am especially grateful to my other committee members, Dr. Michael Evans and Dr. Vergil Noble for their never-ending support, constructive comments, and sense of humor. This project would not be a success without the support and encouragement of my supervisor and mentor, Carolyn Wallingford. Thank you to the staff at Hopewell Culture National Historical Park for providing access to the collections and assistance during the validation process. Thank you to my colleagues and friends for allowing me to share my experiences with them and being my support group: Albert, Cynthia, Mike, Sarah, Jan, Karin, Carol, Kristen, Darla and Zane. Last and certainly not least, thank you to my husband and family. Thank you to my sister Becca, for her willingness to read a very rough draft of this thesis early on and providing her professorial insight. Thank you to my Mom, who knew I would finish in only a few months. Shane, you are my rock. Your love and kind words, confidence in my abilities, and your understanding of the process made the completion of this thesis possible. v TABLE OF CONTENTS Chapter 1: Introduction Hopewell Culture National Historical Park Implementing NAGPRA Scope of Thesis Chapter 2: Historical Context Native Americans as Specimens (1820-1894) Development of “Race” Science Development of Anthropology Development of Museums Native Americans as Epiphenomena of Scientific Humanism (1894-1960s) Legislation to Protect Cultural Resources Native Americans as Persons with Inalienable Rights The American Indian Movement and Vine Deloria, Jr. Events Prior to the Passage of NAGPRA Chapter 3: The Native American Graves Protection and Repatriation Act Legal Definitions Issues with Applying NAGPRA Chapter 4: Applying NAGPRA to HOCU Collections: Identifying Potential Claimants Establishing Treatment Parameters Archaeological History of Central Ohio Cultural Chronology Conclusion vi Chapter 5: Applying NAGPRA to HOCU Collections: The Collections Professional Documentation and Excavation History of HOCU Culturally Unidentifiable Human Remains and Funerary Objects Museum Curation History of the HOCU Museum Collection HOCU Collections Analysis and Data Validation Chapter 6: Alternatives for Treatment of Culturally Unidentifiable Human Remains, Associated Funerary Objects and Unassociated Funerary Objects Prior to Repatriation Alternatives for Culturally Unidentifiable Human Remains Requirement for Unassociated Funerary Objects Summary Chapter 7: Reflections of a Museum Curator Bibliography and Suggested Readings Appendices A Summary of Requests to the Review Committee for Disposition of Culturally Unidentifiable Native American Human Remains B Summary of Cultural Chronology of Central Ohio C Indian Land Areas Judicially Established 1978 D HOCU Culturally Unidentifiable Human Remains and Associated Funerary Objects E Additional HOCU Culturally Unidentifiable Human Remains and Funerary Objects Eligible for Repatriation F 43 CFR 10.11 vii FIGURES AND TABLES Figure 1.1 Map of Ohio Detailing HOCU Boundaries Figure 5.1 1846 Map of Mound City (Squier and Davis 1848) Table 5.1 Investigations That Produced Most of the Culturally Unidentifiable Human Remains and Associated Funerary Objects at HOCU Table 5.2 Summary of Ohio Hopewell Museum Collections Table 5.3 Portion of Funerary Objects at HOCU Not Listed on NAGPRA Inventory 1 Chapter 1 Introduction The contexts and the means by which Native American human remains and objects were acquired has everything to do with the discussions about their return. The cultural legacy of mourning over these remains is a real one that has been transmitted for several generations, and it has everything to do with the decisions about their treatment and repatriation. [Fine-Dare 2008:51] This thesis offers a case study in applying the Native American Graves Protection and Repatriation Act (NAGPRA) to a particular museum collection from the perspective of a museum curator. The treatment of culturally unidentifiable Native American human remains is the most prominent issue today with regard to NAGPRA and its implementation. The National Park Service (NPS) unit, Hopewell Culture National Historical Park (HOCU), has many culturally unidentifiable human remains and funerary objects eligible for repatriation under NAGPRA. This thesis examines the application of NAGPRA to the materials housed at HOCU. Since its inception in 1990, NAGPRA has been a source of discontent between many in the field of anthropology and Native American communities. The approach I take here, however, is that NAGPRA is another critical example of human rights legislation, in this case, extending to Native Americans control of how their ancestors are treated; thus, I approach NAGPRA and its application in terms of the “spirit of the law.” Hopewell Culture National Historical Park (HOCU) HOCU is located in south-central Ohio, just north of the town of Chillicothe, Ohio. A complex of various burial mound earthwork sites, including the Mound City 2 Group, lie within the boundaries of the park. Other related sites include Hopewell Mound Group, Hopeton Earthworks, Seip Earthworks, and the High Bank Works. Figure 1.1 Location of HOCU. (Source: National Park Service) When the United States became involved in World War I, construction of training camps occurred across the country, including Camp Sherman, near Chillicothe, Ohio, placing the Hopewell mounds directly in the path of construction. Attempts to stop the 3 entire destruction of the Mound City Group by the construction of Camp Sherman were successful. William C. Mills, Director of the Ohio State Museum, and colleagues at the Ohio State Archeological and Historical Society, Henry C. Shetrone and Gerard Fowke, encouraged the camp commander not to destroy the mounds when constructing the barracks (Cockrell 1999:29-30). Damage to many of the mounds was inevitable, however, and archaeological investigations focusing on the disturbed mounds began in 1920 and continued through the next year. In 1923, Mound City Group became a national monument, signed in to legislation by President Warren G. Harding (Cockrell 1999:337). In 1992, legislation established Hopewell Culture National Historical Park and expanded the previously named Mound City Group National Monument. It also authorized the purchase of Hopewell Mound Group, High Bank Works, Seip Earthwork and additional lands surrounding Hopeton Earthworks by the National Park Service (Lynott