Lee 1 ANT 2000 October 4, 2007 Ethical Consideration or Scientific Advancement Thro!"ho!

t the #ast decades, scientists have collected and researched n!mero!s Native American remains and artifacts $ith little to no consideration for the tribes to $hich the% belon"& To correct these mista'es from the #ast, the "overnment #assed a #iece of le"islation called the Native American (rave )rotection and *e#atriation Act& NA()*A became a $ritten #iece of h!man ri"hts le"islation on November 1+, 1,,0 -)o$ell 2.& /nder this act, m!se!ms across the /nited States $ere re0!ired to be"in catalo"in" and re#ortin" there holdin"s to the res#ected Native American tribes for consideration of ret!rn& These holdin"s incl!de h!man remains, f!nerar% ob1ects, and sacred articles& The /&S& 2e#artment of the 3nterior, !nder NA()*A, defined a criterion on $hich to establish these items c!lt!rall% affiliated $ith the Native American tribes& 3n la%men4s terms, the criterion is as follo$s5 the tribe to $hich the m!se!m claims c!lt!ral affiliation m!st be of #resent6da% and le"itimate !nder the Act, #rovide evidence to #rove the e7istence of an earlier "ro!#, and #rove that the t$o are lin'ed to this "ro!# b% decent& The evidence !sed to #rove this connection ma% come from man% so!rces incl!din" anthro#olo"% or even e7#ert o#inions5 89tribes: do not have to establish c!lt!ral affiliation $ith scientific certaint%; -Service.& As e7#ected, #roblems arose in man% forms, not 1!st for the m!se!ms b!t for the tribes as $ell& <!se!ms lost h!"e collections5 those $ith s!bstantiall% lar"e collections had massive amo!nts of $or' to do& The tribes also had #a#er$or' #roblems and cons!ltations and meetin"s $hich #osed a #roblem beca!se tribal leaders had to travel

Lee 2 h!ndreds to tho!sands of miles to #artici#ate& Other than some minor b!m#s, the #ro"ram ran smoothl% and $itho!t m!ch action !ntil 1,,+ $hen t$o colle"e st!dents fo!nd a h!man s'!ll alon" the Col!mbia *iver in =enton Co!nt%& The t$o st!dents, astonished, too' the sc!ll to >enne$ic' )olice Officers that $ere #atrollin" the area& A co!#le of #hone calls bro!"ht other a!thorit% members o!t to the site and a nearl% com#lete s'eleton $as recovered alon" a +0 foot stretch of the river& The bones $ere t!rned over to ?ames Chatters, de#!t% coroner, and he be"an reconstr!ction and anal%sis& Chatters #ieced the #!@@le to"ether and recorded that the s'eleton once belon"ed to a man a##ro7imatel% AB, bet$een the a"e of 40 and A0, and of Ca!casian decent& Chatter4s ori"inal tho!"ht $as that the s'eleton $as once a tra##er beca!se a metal 'nife $as also fo!nd $ith the bones, b!t after a CT scan !ncovered some stone embedded in his ri"ht #elvis, his theor% chan"ed& The stone discovered $as tho!"ht to once be a #art of a stone tool or $ea#on that #ossibl% dated from 4A00 to ,000 %ears old& Chatters decided that no more co!ld be done $itho!t a Carbon 14 test& A small #iece of bone $as sent o!t to a radiolo"% lab and $hen the test res!lts came in, there s!s#icions $here confirmed and the s'eletal remains $ere dated at abo!t ,400 %ears old& 3mmediatel% after a #ress conference $as held to #!blici@e there discover%, there $as a media fren@% and national reco"nition -)o$ell, 200A and Encarta, 2007.& Cive da%s after the carbon test, on A!"!st D0th, the /&S& Arm% Cor#s of En"ineers, terminated research on the s'eleton and ordered its ret!rn to A Native American Tribes -/matilla, Ea'ama, Ne@ )erce, Fana#!m and Colville. !nder NA()*A& =eca!se the s'eleton $as fo!nd on COE land, it $as deemed !nder their

Lee D control and this "ave them the #o$er to mediate all as#ects of the discover%& Soon after, a debate arose over the control of >enne$ic' <an& The $hole !nderl%in" iss!e of the debate $as that Native Americans and modern scientists disa"reed on the ori"ins of the first Americans& Native Americans believe that the% $ere the first to settle this land and that it has al$a%s been there4s for as lon" as there have been #eo#le, so an%thin", s!ch as >enne$ic' <an, no matter the a"e, $as c!lt!rall% theirs& Scientists on the other hand are o!t to !se evidence to #rove ever% as#ect of o!r $orld and in doin" this the% feel that >enne$ic' <an needed to be researched to f!rther the advancement of o!r 'no$led"e& Later 3 $ill disc!ss ho$ the t$o c!lt!res of these #eo#le clash and ca!se !nsettled ethical debates& Cirst to s!e $ere a "ro!# of ei"ht scientists led b% *obson =onnichsen& The "ro!# consisted of 2r& 2o!"las O$sle%, 2r& 2ennis ?& Stanford, 2r& 2& (entr% Steele, 2r& *ichard ?ant@, 2r& (eor"e (ill, 2r& C& Lorin" =race, and 2r& C& Gance Ha%nes -)o$ell, 200A.& All members $ere ver% scholarl% and infl!ential in the anthro#olo"ical field& The case =onnichsen G& /nited States of America be"an on October 1+, 1,,+ and after a %ear of ar"!mentation the co!rt ordered the COE to reeval!ate their decision& The COE handed the remains over to The /&S& 2e#artment of the 3nterior and >enne$ic' <an $as moved to the =!r'e <!se!m at the /niversit% of Fashin"ton& 3n A!"!st of 1,,7, The Asatr! Col' Assembl% 1oined the case b% clamin" that the% $ere c!lt!ral affiliated $ith the remains& The Asatr! Col' Assembl% is a reli"io!s "ro!# fo!nded in 1,72 $ith the belief that earl% E!ro#eans mi"rated to the Americas tho!sands of %ears before Col!mb!s and that the% are their ancestors& Ste#hen <cNallen, the Asatr!4s leader, entered the case claimin" that their "ro!# $as of direct ancestr% based on the time #eriod and the race,

Lee 4 $hich $e no$ 'no$ has no biolo"ical si"nificance, and $anted >enne$ic' <an to be st!died -Herald, 2007. This "ro!# had little infl!ence on the case and is !s!all% not re"arded as a 'e% #laintiff& After the de#artment of the 3nterior too' over, the co!rt allo$ed evidence to be "athered from the remains to f!rther advance the case& Cinall% /&S& <a"istrate ?ohn ?elder's r!led that the remains be t!rned over to a "ro!# of scientists and not be ret!rned to the Native American tribes& The Tribes filed for an a##eal and in Cebr!ar% of 2004 the ,th Circ!it Co!rt of A##eals r!led a"ain in favor of the scientists b% !#holdin" ori"inal r!lin"& Once a"ain the tribes as'ed for another trial b!t $ere denied -)a!lson, 2004. >enne$ic' man still remains at the =!r'e <!se!m at the /niversit% of Fashin"ton $here he $ill remain !ntil COE and /&S& (overnment decides other$ise -C!lt!re, 2007 and )ast 1,,7.& So $h% $as this sit!ation a bi" deal, $h% 10 %ears of fi"htin" the Native American Tribes >enne$ic' <an #la%ed a lar"e role in anthro#olo"ical and archaeolo"ical research& His e7istence challen"ed man% of toda%4s theories on the ori"in of earl% American #eo#le& On an archaeolo"ical stand#oint, >enne$ic' <an o#ens the door to #ast h!man c!lt!res b% means of st!d%in" the material remains& That is $hat archaeolo"ists do, and $hat can be more si"nificant than that for an archaeolo"ist& As far as a anthro#olo"ist of an% of the fo!r main fields, the st!d% of h!man ori"in is their #!r#ose and as 3 said for the archaeolo"ist, there is nothin" more si"nificant than f!lfillin" %o!r 1ob descri#tion& So it is clear $h% some forms of science fo!"ht so hard for the o##ort!nit% to st!d% >enne$ic' <an, b!t can their ethics be s!bstantiated b% its si"nificance&

Lee A Sit!ations $here ethics #la% no role are rare to none5 this is clear in the case of >enne$ic' <an& 3n this case, the main ethical consideration is $hether or not to !#hold the NA()*A& 3n this #artic!lar case one co!ld sa% that the Native Americans $ere treated immorall% beca!se the% $ere stri##ed of there 8ancestor; that the% believed ri"htf!ll% belon"ed to them& To not com#l% $ith NA()*A is to disres#ect Native American c!lt!re& On the other hand, another mi"ht sa% that accordin" to the evidence collected, >enne$ic' <an is not related to c!rrent Native American tribes and #oses no c!lt!ral affiliation to them, therefore no ethical considerations need to be made and research sho!ld be cond!cted on him& Even so, most #eo#le concl!de that c!lt!ral affiliation in this case does not need to be s!bstantiated beca!se the e7#ected contrib!tion >enne$ic' <an $ill ma'e to societ% is far to "reat to b!rr% in the "ro!nd& 3 thin' this ideolo"% brin"s !# a ver% lar"e ethical debate re"ardin" the $hole of science& At $hat #oint do $e sto# 3f the ma1orit% of another co!ntries #eo#le tho!"ht it $as beneficial to their societ% to disres#ect or harm o!rs, is it ethicall% alri"ht This has been debated in science for %ears and 3 $ill in no $a% attem#t to !nravel that ethic& 3 $ill sa% tho!"h that 3 am in favor of contin!in" scientific research on >enne$ic' <an and other artifacts in similar ethical dilemmas& 3 vie$ the contin!ance of research as a $a% to s!bstantiate, not de"rade ethical moralit%& The #ossible discovers c!rrent and f!t!re research $ill #ossibl% shed ne$ li"ht on Native American ori"in and hel# $ith disease and "enetic disorders& -Iimmerman, 1,JJ. These man% small advances $ill all add !# and fit to"ether to contin!o!sl% advance o!r societies !nderstandin" of itself& A hi"her !nderstandin" is beneficial and sho!ld al$a%s be achieved b% science& This lac' of ethical consideration vie$ed b% most scientists is chec'ed b% "overnmental invention s!ch as the NA()*A

Lee + and it is this combined s%stem that r!ns o!r ethical decisions re"ardin" cases s!ch as >enne$ic' <an -Iimmerman, 1,JJ.& 3 com#letel% advocate the sit!ation as research contin!es, b!t 3 $o!ld never $ant to be the #osition to tell someone that their c!lt!re is "oin" to be disre"arded beca!se the research on one relic $ill hel# o!r societ%&