Published online by Cambridge University Press: 18 October 2005
In the late nineteenth century, while advocates garnered support for a law protecting America's archaeological resources, the U.S. government was seeking to dispossess Native Americans of traditional lands and eradicate native languages and cultural practices. That the government should safeguard Indian heritage in one way while simultaneously enacting policies of cultural obliteration deserves close scrutiny and provides insight into the ways in which archaeology is drawn into complex sociopolitical developments. Focusing on the American Southwest, this article argues that the Antiquities Act was fundamentally linked to the process of incorporating Native Americans into the web of national politics and markets. Whereas government programs such as boarding schools and missions sought to integrate living indigenous communities, the Antiquities Act served to place the Native American past under the explicit control of the American government and its agents of science. This story of archaeology is vital, because it helps explain the contemporary environment in which debates continue about the ownership and management of heritage.
Over the course of four centuries, between 1492 and 1892, it is believed that the population of native peoples in the Americas collapsed by as much as 90%.1
Dobyns, “An Appraisal of Techniques with a New Hemispheric Estimate”; Jacobs, “The Tip of the Iceberg.”
Spicer, Cycles of Conquest.
Adams, Education for Extinction; Brooks, Captives and Cousins; Rothschild, Colonial Encounters in a Native American Landscape; Tinker, Missionary Conquest.
Churchill, A Little Matter of Genocide; Friedberg, “Dare to Compare”; Moore, Genocide of the Mind; Stannard, American Holocaust; Yellow Bird, “Cowboys and Indians.”
Given this long and tumultuous saga, it is striking that in the late 1870s, a group of American citizens, archaeologists, and their boosters began a movement to preserve the cultural remains of the native people their own government was still seeking to exterminate. Yet after a quarter of a century of steady work this movement resulted in the Antiquities Act of 1906 (PL 59–209) and established the foundation of cultural and natural resource preservation in the United States. Indeed, the Antiquities Act is a landmark in the movement to preserve and protect cultural resources.6
Gersenblith, “Identity and Cultural Property,” 579.
In this article, I examine these two entwined histories, that is, the condition of Native America at the close of the nineteenth century and the development of the nation's first expansive legislation to protect heritage resources. I argue that the Antiquities Act was fundamentally linked to the process of incorporating Native Americans into the web of national politics and economic markets. While government programs such as schools and missions sought to integrate living indigenous communities, the Antiquities Act served to place the Native American past, embodied in native historical and cultural remains on public lands, under the explicit control of the American government and its agents of science. My focus will be on the Southwestern United States, as this region provided the impetus and rationale for the Antiquities Act. This approach is useful, because although a number of researchers have now examined the development of the Antiquities Act, none fully addresses the conditions of Native American communities at a time when archaeologists sought to save the vestiges of native history.7
Biasi, “The Antiquities Act of 1906 and Presidential Proclamations”; Lee, “The Antiquities Act of 1906”; McLaughlin, “The Antiquities Act of 1906”; Squillace, “The Monumental Legacy of the Antiquities Act of 1906”; Thompson, “Edgar Lee Hewitt and the Political Process.”
Whereas the consequences of early conquistadors such as Columbus, Cortez, and Coronado are well known, it is important to recognize that the colonization of the Americas was still unfolding into the late nineteenth century. In the United States, as Americans migrated westward, direct violence was one of the most visible forms of conflict. In 1863, upwards of 200 Shoshoni were violently murdered by Anglos in retaliation when they tried to stop settlers from trespassing on traditional lands.8
Several months later in California, Captain M. A. McLaughlin and the Second Cavalry Volunteers rounded up and executed 35 Tehachapi men as punishment and to prove to the Indian population that “they will soon either be killed off, or pushed so far in the surrounding deserts that they will perish by famine.”9 In 1864, Kit Carson forced 8,000 Navajos to walk more than 300 miles from their homeland in Arizona to a desolate “reservation” in eastern New Mexico.10Trafzer, The Kit Carson Campaign.
Cutler, The Massacre at Sand Creek.
Colwell-Chanthaphonh, “Western Apache Oral Histories.”
Ogle, Federal Control of the Western Apaches; Ryden and Doug Kupel, “Warfare between Indians and Americans in Arizona.”
Although it might be easy to dismiss these episodes of violence as isolated or haphazard, a more compelling explanation interprets such acts as a part of a larger strategy to remove Indians from the path of U.S. political and economic ascendancy. In his seminal book, The Return of the Native, sociologist Stephen Cornell discussed how the “Indian problem” in the Americas was fundamentally linked to three interrelated problems for the elite. First, the “Indian problem” was an economic problem, how to secure Indian resources, particularly land. Second, the “Indian problem” was a problem of cultural transformation, how to convert Indians to being non-Indians. And third, the “Indian problem” was a political problem, how to maintain an effective system of control over Indian groups with their own political will and identity. Cornell thus focused on what he called “patterns of incorporation,” which explicate the particular ways native individuals and groups were integrated into the web of national politics and global markets.14
Cornell, The Return of the Native, 11.
However, by the late 1800s, direct physical violence was no longer the most effective means of incorporation, particularly as indigenous peoples were largely subdued, and the majority of Indian lands had been transferred to non-Indians. The U.S. government and its citizenry sought incorporation through social, political, and economic policies that aimed to assimilate native peoples into American society. By the early 1900s, the notion, as expressed by Indian Commissioner Francis Leupp, of “kill the Indian, spare the man,” was widespread and directed American policy during this period.15
Churchill, A Little Matter of Genocide, 245.
Although Native Americans were confined to relatively small, isolated reservations by the end of the 1800s, the American territorial appetite was unrelenting. Farmers, miners, businessmen, and speculators continued to encroach on land set aside for native communities, causing still further dislocation. The Allotment Act of 1887, ostensibly intended to empower American Indians, resulted in the net loss of more than 150,000 square miles—an area just smaller than the state of California—by 1934.17
Kickingbird and Ducheneaux, One Hundred Million Acres.
Colwell-Chanthaphonh, “The Place of History,” 111; Perry, Apache Reservation.
Ortiz, Handbook of North American Indians, Vol. 10; Ortiz, Handbook of North American Indians, Vol. 9.
Because American settlers and soldiers had so successfully appropriated traditional lands, many native communities struggled for bare survival. Native Americans in large measure had been pushed to marginal regions and no longer had easy access to traditional areas for hunting wild animals and gathering vegetables, fruits, and herbs. The growing Anglo population in the Southwest in the late 1800s, the boom of cattle industry, and the discovery of silver and copper deposits, also strained riverine resources and farming infrastructure. As Edward H. Spicer has written in Cycles of Conquest, native groups at first played an important role in supplying Americans new to the region, but were soon challenged by the very people they assisted:
Water for irrigation and land itself was appropriated not only from the Gila Pimas, but also from the San Carlos Apaches who had begun a promising agricultural development in the early 1900's, from Eastern Pueblos, from Navajos, and from Mayos and Yaquis. The interests of Anglos and Mexicans became focused on acquiring Indian land and water, which they justified on the ground that Indian farming was too inefficient to warrant the Indians holding even as much land as remained to them…. The result was that Indians wherever they engaged in farming ceased to produce for the expanding market, and in fact, as they were limited to smaller and more marginal tracts, produced less and less even to the point of not being able to supply their own needs. By the early 1900's few were any longer even reasonably secure subsistence farmers. Even the Eastern Pueblos who continued to hold good farm land along the Rio Grande River suffered a decline in production as the result of destructive floods caused by the uncontrolled use of range land and by the encroachment of squatters on their lands.20
Spicer, Cycles of Conquest, 543.
By 1900, Pimas along the Gila River were destitute and dying of starvation.21
DeJong, “Forced to Abandon Their Farms.”
Worcester, The Apaches, 329.
French, Addictions and Native Americans.
The aim of radical cultural assimilation was also achieved through the disruption of Native American economic activities, child-raising, religion, and individual autonomy. Beginning in the 1870s, Native Americans were forced to send their children to distant boarding schools where they were made to forget their indigenous languages and beliefs and replace these with American mores.24
Adams, Education for Extinction; Hoerig, “Remembering Our Indian School Days.”
Trennert, “Educating Indian Girls,” 271.
Ahern, “An Experiment Aborted”; Lomawaima, “Domesticity in the Federal Indian Schools.”
Tinker, Missionary Conquest.
Collins, Apache Nightmare.
Cornell, The Return of the Native, 57.
In Whiteley, Deliberate Acts, 86.
Whiteley, Deliberate Acts, 87.
Clum, “Es-Kin-in-Zin”; Stockel, Shame and Endurance, 69.
Deloria, American Indian Policy in the Twentieth Century, 29.
Legal scholar and anthropologist Robert H. McLaughlin has provided us with one of the most persuasive accounts of the historical development and political machinations that resulted in the Antiquities Act of 1906. McLaughlin argued that the legislation is the result of two principal forces, chiefly nationalism and the struggle among anthropologists for influence in the discipline: “The first may be characterized as a popular demand for national narrative history, civic institutions and prestige among Western nations. The second force was a distinctive struggle within the porous anthropological community for scientific or disciplinary boundaries and resolution to a theoretical debate between the pluralistic, historically diffusionist view of culture and the linear, evolutionary model of culture adopted by the U.S. government's Bureau of American Ethnology under the administration of John Wesley Powell.”34
McLaughlin, “The Antiquities Act of 1906,” 63.
If these ancient objects were merely being appropriated to reimagine a national story or gain national prestige, one might anticipate that the physical remains of the Native American past would have to be distanced from living native peoples. Geoff Eley and Ronald Grigor Suny wrote that nationalism fundamentally involves “the attempt to manufacture and manipulate a particular view of the past, invariably as a myth of origins which is meant to establish and legitimate the claim to cultural autonomy and eventually to political independence.”35
Eley and Suny. “Introduction,” 8.
Eley and Suny. “Introduction,” 23.
Eley and Suny. “Introduction,” 22.
However, the work of prominent anthropologists in the late 1800s indicates that rather than advocating for such distancing, most scholars recognized Native American cultural continuities in the Southwest. Anthropologist Alice Cunningham Fletcher, for example, a strong proponent of the legislation, wrote of the need to “set aside certain portions of the public domain in the southwest territories in which are characteristic remains of former and present aboriginal life.”38
In Thompson, “Edgar Lee Hewitt and the Political Process,” 275. Emphasis added.
Fewkes, “The Prehistoric Culture of Tusayan,” 151.
Fewkes, “Two Ruins Recently Discovered,” 279–282.
Matthews, “In Memoriam,” 373, 375.
For example, Hewett, “Preservation of American Antiquities.”
Furthermore, anthropological theories at the turn of the last century would also indicate recognition of the affinities between native communities and their ancestral ruins. Evolutionary theory, as developed from Morgan and expounded by John Wesley Powell and the Bureau of American Ethnology anthropologists, saw Native Americans at a unique stage in the evolutionary chain of society. Indigenous peoples clearly had a past in the Americas. It would not be contradictory for anthropologists who held this view to want Native Americans to “progress” to the next evolutionary stage, while at the same time want to preserve and study evidence of the human past.44
McGuire, “Contested Pasts,” 379.
Trigger, A History of Archaeological Thought, 151.
It is significant, then, that anthropologists realized the close connection between ancient ruins and living Native Americans and yet did not suggest that native peoples should actually have any rights to these places. Fewkes, after stating that the Hopi and Zuni are the living descendents of the cliff dwellers, went on to say that cliff dwellings must be protected, not for Pueblo communities but for the scientific endeavor. He wrote,
Palatki has suffered sorely at the hands of Apaches, who have wrenched many of the beams from the walls for firewood and overthrown sections of the front wall. As a rule, the southwestern ruins are now suffering more from the white man than from the Indian. If this destruction of the cliff-houses of New Mexico, Colorado, and Arizona goes on at the same rate in the next fifty years that it has in the past, these unique dwellings will be practically destroyed, and unless laws are enacted, either by states or by the general government, for their protection, at the close of the twentieth century many of the most interesting monuments of the prehistoric peoples of the Southwest will be little more than mounds of debris at the bases of the cliffs. A commercial spirit is leading to careless excavations for objects to sell, and walls are ruthlessly overthrown, buildings torn down in hope of a few dollars' gain. The proper designation of the way our antiquities are treated is vandalism. Students who follow us, when these cliff-houses have all disappeared and their instructive objects scattered by greed of traders, will wonder at our indifference and designate our negligence by its proper name. It would be wise legislation to prevent this vandalism as much as possible and good science to put all excavation of ruins in trained hands. In this particular we have much to learn from the European method of control of antiquities of the country by proper authorities or societies for the protection of historical monuments.46
Fewkes, “Two Ruins Recently Discovered,” 269–270.
In my own reading of the discussions that led to the Antiquities Act, I am most struck not by argument about creating a national story but rather promoting science and ensuring scholars have continuing access to their data.47
Lee, “The Antiquities Act of 1906,” 203, 222, 224, 230, 233, 260.
Lee, “The Antiquities Act of 1906,” 240.
Lee, “The Antiquities Act of 1906,” 222.
Rather than interpreting this process as one of nationalism, Cornell's notion of incorporation more compellingly situates the ways in which the Native American past was integrated into the social, political, and economic structures of the United States. By the late 1800s, the American government controlled essentially every American Indian community. Although the government continued to incorporate native peoples through an array of programs, such as boarding schools and Christian missions, the Antiquities Act provided an opportunity to incorporate not only living Native Americans, but also their past. While this process helped spread the roots of nationalism and most certainly bolstered the position of anthropology, it was fundamentally a means by which Native Americans were further incorporated into American life.
The Antiquities Act makes explicit that it is to benefit the American public; however, since most American Indians were not yet citizens in 1906, it can presumed that they were not considered a part of the public. That this law was fundamentally about incorporation is further supported by the observation of how poorly the archaeological record was initially cared for. Although Edgar L. Hewett optimistically wrote in 1907 that, “Almost no vandalism is now going on in the American ruins,”50
Hewitt, “Preservation of American Antiquities,” 233.
Cunningham, Archaeology, Relics, and the Law, 158.
Doelle, “Threats to the Past”; Mallouf, “An Unraveling Rope”; Merrill et al., “The Return of the Ahayu:da”; Nichols et al., “Ancestral Sites, Shrines, and Graves.”
The incorporation of Native Americans and Native American history persisted throughout the twentieth century as archaeologists continued to act as if Indian artifacts and sites were only theirs to collect, study, store, and represent. While the growing awareness of a stewardship ethic in American archaeology was certainly presumptuous, it was not altogether negative.54
During a time of expansive development and explosive population growth, particularly in the American Southwest, archaeologists advocated for the preservation of countless sites that could have easily been lost to the bulldozer. Archaeologists, too, worked at a time when Native American communities still carried little political power. Nevertheless, the continuing presumption that science only serves the greater good, that archaeology is a culturally neutral discipline that benefits the public, is a legacy of the discipline's early history, enshrined in the Antiquities Act of 1906. Joe Watkins has recently shown how debates surrounding heritage too often focus on claims of national ownership or collective international rights, dismissing “intra-nationalist” claims made by local indigenous groups.55 The unending controversy of “The Ancient One” or “Kennewick Man” also illustrates how some archaeologists continue to believe that science should trump all other interests.56Chatters, Ancient Encounters; Thomas, Skull Wars.
Of course, Native American communities have never been entirely powerless through the process of incorporation and have long acted to maintain control over their communities and histories. Since the 1970s, Native American communities have become increasingly vocal about their concerns for ancestral places and objects. The Pueblo of Zuni in New Mexico, for example, began developing a cultural resource management program in 1975 and formally sought to reclaim the scores of sacred War Gods held in museums throughout the world, beginning in 1978.57
Anyon and Ferguson, “Cultural Resources Management”; Merrill et al., “The Return of the Ahayu:da.”
Dongoske et al., Working Together.
Watkins et al., “Accountability,” 34.
The history of the discipline and its relationship to native peoples is vital for shaping heritage policy and creating innovative archaeological practices embedded in collaboration, community-based research, and indigenous archaeologies. Cornell observed,
The historical frame of reference within which most Indians consciously act is immense. Other groups in American life—Jews, Blacks, perhaps others—may have a sense of history matching it in scope and in immediacy with which it informs their daily lives. Uniquely for Indians, however, that sense of history is rooted here, in this land, in the geography of their present. Most forms of Indian political action are explicitly grounded in a consciousness of that history, and more often than not, are articulated in explicitly historical terms.60
Cornell, The Return of the Native, 217.
As significantly, Cornell pointed out that the history of incorporation is fundamentally about the tension between structure and agency—how individual action conforms to and resists sweeping social forces.61
Cornell, The Return of the Native, 218.
By addressing the patterns of incorporation of living American Indians and their past, we may begin to recast the Antiquities Act in terms of its specific consequences for native peoples.
Although Fewkes himself wondered how future generations would pass judgment on him and his colleagues, I do not seek to morally measure the champions of the Antiquities Act: I make no attempt to judge them by today's standards, or even their own standards, but rather aim to ensure that discussions about this important legislation are considered within the social and political context in which it was founded. In part, through an analysis of this law and similar efforts that sought to regulate heritage resources by promoting archaeological science, I believe we may better understand the contemporary environment in which debates continue about the ownership and management of the past. That early archaeologists understood the connection between ancient places and modern Indian populations and yet did not include them as decision makers allows us to understand the frustrations of American Indians that finally erupted in the late 1960s and ultimately resulted in NAGPRA.62
Echo-Hawk and Echo-Hawk, Battlefields and Burial Grounds; Fine-Dare, Grave Injustice.
Reviewing this history also reminds us that the role of archaeologist as self-appointed steward of cultural heritage is founded on the false assumptions of our anthropological predecessors.63
That archaeologists have often been good stewards does not mean that they are the only stewards or are justified in taking the role of caretaker. By clarifying this past and highlighting the relationship between the structure of incorporation and individual agency, we make way for new endeavors that recognize archaeologists are not the only, or even primary, stakeholder of the past.I am grateful for the generous assistance and critical input of Alexander Bauer, T. J. Ferguson, Don D. Fowler, Francis P. McManamon, John R. Welch, and the journal's anonymous reviewers.