REASSESSING
CULTURAL EXTINCTION:
CHANGE AND
SURVIVAL AT
MISSION
Technical
Editors:
Dawn A.J. Alexander
Rhonda Brinkmann
Julia M. Gottshall
Jennifer L. Logan
Christopher H. Sasser
Funded by and
Submitted to:
National Park Service
Prepared and
Submitted by:
Center for Ecological
Archaeology
A Joint
Publication by:
Center for Ecological
Archaeology,
Reports of Investigation No.
4
and
National Historical Park,
National Park Service
Contract No. 1443cx760098001
2001
ABSTRACT
This study focuses on Mission San Juan Capistrano,
Academically oriented anthropologists argue that geographic
Coahuiltecans eventually assimilated into the region’s Tejano population and,
effectively, became extinct. They are
not a federally recognized tribe. However,
local popular literature and interviews with present-day
All Native American human remains archaeologically recovered
from
ACKNOWLEDGMENTS
The
We are especially indebted to the technical assistance and historical information about Mission San Juan that was consistently and expertly provided by Dr. Rosalind Rock, SAAN’s Park Historian and the Contracting Officer’s Technical Representative for our project. We also appreciate the encouragement and advice received from Park Superintendent Stephen Whitesell, Contracting Officer Wayne Owens, and Chief of Professional Services Mark Chavez. Mr. James Oliver, SAAN’s Landscape Architect, provided property maps and related information pertaining to Mission San Juan.
Dr. Rock, Mr. Chavez, and SAAN Park Archaeologist Susan Snow,
reviewed draft versions of this report, as did Ms. Alexa Roberts, NPS cultural
anthropologist with the Cultural Resources and National Register Program,
Intermountain Support Services, Santa Fe.
Valuable insights into NAGPRA’s applicability to skeletal remains and funerary
objects from Mission San Juan were provided by Ms. Roberts, Ms. Virginia
Salazar, an NPS NAGPRA specialist in
Members of our research team were consistently welcomed into
the San Juan/Berg’s Mill community and always assisted by its
representatives. Mr. Guadalupe Gaitán,
president of the San Juan/Berg’s Mill Catholic Men’s Club, and Ms. Janie Garza,
an avid community historian, were especially helpful in paving the way for our
work there. Representatives of the
American Indians in
The project benefited from discussions with representatives of
the Catholic Church. Father Larry
Brumer, a former parish priest at Mission San Juan who now serves at Mission
Espada, shared his recollections of Mission San Juan during the late 1960s and
early 1970s when archaeological investigations were first conducted there. Father James Galvin,
Ms. Anne Fox, an archaeologist at the Center for Archaeological
Research (CAR), University of Texas at San Antonio, was especially helpful in
our efforts to inventory potentially NAGPRA-related items from Mission San Juan
that are held in collections at CAR. She
also shared her recollections of archaeological investigations at the mission
over the last 30 years, during most of which she played key roles. Her input was invaluable. Other CAR personnel, notably Drs. Robert Hard
and Britt Bousman, provided useful information that aided our understanding of
the history of archaeological investigations at the mission. Mr. Mark Denton and Mr. William Martin, both
with the Texas Historical Commission, discussed aspects of the State’s role in
the archaeological studies at
The Center for Ecological Archaeology’s (CEA) team members for
the
Dawn A.J. Alexander Technical Editor (CEA)
Adán Benavides Project
Genealogical Specialist and Author
Rhonda Brinkmann Technical Editor (Texas
Transportation Institute)
Patricia A. Clabaugh Project
Inventory Specialist and Author
Jeffrey H. Cohen Project
Cultural Anthropologist and Author
Michael S. Crow Project
Research Assistant and Graphics Specialist
Charlotte E. Donald Project
Research Assistant and Author
Julia M. Gottshall Technical
Editor (CEA)
Jennifer L. Logan Primary Project Research
Assistant, Technical Editor, and Author
J. Bryan Mason Project
Research Assistant, Graphics Specialist, and Author
Eva Norton Office
Manger
Debbie Schertz Staff
Accountant
D. Gentry Steele Project
Photographer and Author
Alston V. Thoms Project Principal Investigator and Author
Although we—report editor, contributors, and technical editors—wish to acknowledge contributions made by the people and organizations mentioned above, as well as others who inadvertently remain unnamed, we accept the responsibility for our own contributions, including any errors in fact or oversights this report may contain.
TABLE OF
CONTENTS
Abstract.................................................................................................................................... iii
Acknowledgments..................................................................................................................... iv
List of
Figures............................................................................................................................ x
List of Tables.......................................................................................................................... xiii
Management
Summary............................................................................................................ xv
CHAPTER 1: INTRODUCTION TO A LINEAL DESCENT AND CULTURAL AFFILIATION STUDY FOR MISSION SAN JUAN CAPISTRANO, TEXAS...................................................................... 1
Alston V. Thoms
Project Chronology and Contacts...................................................................................... 5
Research Objectives and NAGPRA Compliance............................................................... 8
NAGPRA’s Applicability to Mission San Juan................................................................. 12
Mission San Juan’s Indian Occupants: Geographic Coahuiltecans..................................... 15
Arguments for Extinction of Geographic Coahuiltecans..................................................... 17
Arguments for Survival of Geographic Coahuiltecans........................................................ 18
Organization of the Report............................................................................................... 19
Chapter 2: HISTORICAL OVERVIEW AND HISTORICAL CONTEXT FOR REASSESSING COAHUILTECAN EXTINCTION AT MISSION SAN JUAN.............................................................................. 21
Alston V. Thoms
San Antonio’s Pre-Mission Era, 1528-1718.................................................................... 22
San Antonio’s Mission Era, 1718-1824........................................................................... 26
Post-Mission Era, 1824-Present...................................................................................... 37
Summary and Concluding Comments............................................................................... 42
Chapter 3: POPULAR LITERATURE...................................................................................... 45
Jennifer L. Logan
Architecture.................................................................................................................... 48
Ethnic Diversity............................................................................................................... 49
Reemergence of Mission Indian Identity........................................................................... 50
Concluding Comments..................................................................................................... 52
Chapter 4: INTERVIEWS........................................................................................................ 55
Jeffrey H. Cohen
Methodology................................................................................................................... 55
Defining Our Group......................................................................................................... 56
Genealogies..................................................................................................................... 56
Cultural Affiliation............................................................................................................ 57
Tradition......................................................................................................................... 59
Community...................................................................................................................... 61
Chapter 5: PHOTOGRAPHIC COMPONENT........................................................................ 63
D. Gentry Steele
The Identified Descendants.............................................................................................. 63
Mission San Juan Capistrano and the San Juan and Berg’s Mill Community...................... 63
Chapter 6: GENEALOGY........................................................................................................ 71
Adán Benavides, Jr.
Maternal Lineal Descent of Mickey Killian....................................................................... 71
State of Mission Records................................................................................................. 79
Findings.......................................................................................................................... 80
Chapter 7: ETHNOHISTORY.................................................................................................. 81
Jennifer L. Logan
Regional Ethnography and Ethnohistory............................................................................ 81
Mission San Juan............................................................................................................. 83
Concluding Comments..................................................................................................... 93
Chapter 8: LINGUISTICS........................................................................................................ 95
Jennifer L. Logan
Coahuiltecan Language.................................................................................................... 95
Affiliated Languages........................................................................................................ 96
Concluding Comments..................................................................................................... 99
Chapter 9: ARCHAEOLOGY................................................................................................ 101
Jennifer L. Logan
Material Culture............................................................................................................ 102
Cultural Affiliation.......................................................................................................... 109
Concluding Comments................................................................................................... 113
Chapter 10: BIOARCHAEOLOGY........................................................................................ 115
Jennifer L. Logan
Regional Skeletal Populations........................................................................................ 115
General Health Status of Skeletal Populations................................................................. 116
Skeletal Remains from Mission San Juan........................................................................ 116
Skeletal Remains from Outside the Mission San Juan Compound.................................... 124
Concluding Comments................................................................................................... 125
Chapter 11: SYNTHESIS AND CONCLUSIONS: NATIVE AMERICAN LINEAL DESCENT AND CULTURAL AFFILIATION ISSUES AT MISSION SAN JUAN CAPISTRANO, TEXAS..................... 129
Alston V. Thoms
Perspectives on Coahuiltecans and Mission-Indian Heritage........................................... 130
Native American Cultural Change and Survival............................................................... 132
Lineal Descent, Cultural Affiliation, and NAGPRA-Related Concerns............................. 142
Recommendations for Management and Additional Research......................................... 147
REFERENCES CITED....................................................................................................... 149
Mission San Juan Capistrano (41BX5).......................................................................... 183
San Juan Annotated Bibliography......................................................................................... 193
Archaeology.................................................................................................................. 193
Ethnography.................................................................................................................. 198
Ethnohistory.................................................................................................................. 204
Linguistics..................................................................................................................... 205
Bioarchaeology............................................................................................................. 211
San Antonio.................................................................................................................. 214
Historical and Census-Related....................................................................................... 215
APPENDIX A:
MISSION SAN JUAN CAPISTRANO (41BX5) UTSA ARTIFACT BOX
INVENTORY (excluding sketetal remains).......................................................................... 173
APPENDIX B:
MISSION
NAGPRA INVENTORIES................................................................................................. 181
APPENDIX C:
ANNOTATED BIBLIOGRAPHY...................................................................................... 191
APPENDIX D:
QUESTIONNAIRE............................................................................................................ 219
APPENDIX E:
INTERVIEW TRANSCRIPTS........................................................................................... 227
APPENDIX F:
LIST OF INDIVIDUALS CONSULTED........................................................................... 303
APPENDIX G:
LIST OF POTENTIAL FUTURE CONTACTS................................................................. 307
APPENDIX H:
SELECTED LETTERS AND DOCUMENTS..................................................................... 311
Figure 1. Map showing the locations of Spanish Colonial
missions, the villa, presidio,
and roads in the San Antonio area (after Ahlborn 1985:18).......................................................... 2
Figure 2. Map of
Mission San Juan and vicinity showing properties owned by SAAN, the Catholic
Church, and other entities (modified from property map provided by SAAN).
.................................................................................................................................................. 3
Figure 3. Map showing
the locations of Spanish Colonial missions, presidios, and settlements,
as well as the Caminos Reales (Chipman 1992:108-109, 148-149, Figures 14 and
20; and McGraw et al. 1998:9, Figure 1).................................................................................................................................. 25
Figure 4. Map showing
the locations, identified rooms, approximate periods of use for church
structures, and burial places at Mission San Juan (after Schuetz 1968: Figure
1; 1974, and 1980b)....................................... 29
Figure 5. Photograph
of teepee in the mission square where a Native American Church service was held
Friday night (November 26, 1999) before the Saturday morning reburial
ceremonies (photograph by Alston V. Thoms). 41
Figure 6. Photograph
of parishioners and community members, including representatives of the AIT-SCM
(foreground), attending the Saturday morning (November 27, 1999) funeral mass
held prior to the Native American reburial ceremony led by Raymond Hernandez
(photograph by Alston V. Thoms).................................................. 41
Figure 7. Photograph
of Archbishop Patrick Flores delivering the homily at the funeral mass
that preceded the Native American reburial ceremony on Saturday morning,
November 27, 1999; also depicted are Father James Galvin (leaning forward,
center foreground), San Juan’s parish priest; and Monsignor Balthasar Janacek
(seated to the right), the parish liaison between state/federal agencies and
Indian groups on matters of old Spanish missions (photograph by Alston V.
Thoms)............................................................................... 41
Figure 8. Mickey Killian Genealogy................................................................................................. 58
Figure 9. Rebecca Stuart Genealogy................................................................................................ 58
Figure 10. Rick Mendoza Genealogy............................................................................................... 58
Figure 11. Mickey
Killian, a local community member who has engaged in personal genealogical
research for over 20 years and actively works with community members to
establish their Native American heritage.
Killian preferred the presence of the extant church for the background
of his photograph. Remnants of the
original San Juan Mission walls are in the foreground. He holds a portrait of his great-grandmother,
Refugia Díaz. She was the granddaughter
of Santiago Díaz, Alcalde of San Juan Pueblo in 1819, June 2000
(photograph by D. Gentry Steele)............................................................................................. 64
Figure 12. Siblings
Rebecca Stuart and Nicasio Montes.
Nicasio holds a picture of his father and his father’s brother, while
Rebecca holds a portrait of her grandparents.
Like Killian,
they chose to be photographed against the extant church for their portraits,
June 2000 (photograph by D. Gentry Steele)...................................................................................................................................... 65
Figure 13. Members of
the extended family of Rick Mendoza, who unanimously selected the Tufa house as
the background for their portraits.
Present in the photograph from left to right are: Rick Mendoza’s father,
Joe Mendoza (seated); Rick Mendoza; Rick’s wife, Monica, and their daughter,
Quetzali; Lola Carreón’s daughter-in-law, Maria Carreón; Rick’s grandmother,
Lola Carreón; Rick’s aunt (paternal), Anita Rodríguez (née Sánchez-Mendoza);
and Anita’s friend, Porfirio Tejeda, June 2000 (photograph by D. Gentry
Steele).................................................... 65
Figure 14. Members of
the San Juan/Berg’s Mill community socializing around the ticket table at the
Berg’s Mill Family Reunion, April 18, 1999 (photograph by D. Gentry Steele)........................................................ 66
Figure 15. Many of the
younger children at the Berg’s Mill Reunion were entertained by swinging at a
piñata, April 18, 1999 (photograph by D. Gentry Steele).................................................................................... 66
Figure 16. A
late-afternoon impromptu street dance at the Berg’s Mill Reunion, April 18,
1999 (photograph by D. Gentry Steele)...................................................................................................................................... 67
Figure 17. Inside the
Tufa house, an audience attends presentations given by local
residents on the community’s history, April 18, 1999 (photograph by D. Gentry
Steele)............. 67
Figure 18. An image of
a Station of the Cross, marked by a large cross placed against one of
the mission’s walls, embodies the strong religious ties binding the San
Juan/Berg’s Mill community together, April 18, 1999 (photograph by D. Gentry
Steele).................................................................................... 68
Figure 19. A Station
of the Cross is marked by a cross placed against the wall surrounding
the mission, April 18, 1999 (photograph by D. Gentry Steele)................................................... 69
Figure 20a. Maternal
ancestry chart for Mickey Killian (based on Killian interview, Feb. 24, 2000;
Cadena interview, Feb. 24, 2000; Killian 1982)............................................................................................................ 72
Figure 20b Continued.
(based on Killian interview, Feb. 24, 2000; Cadena interview, Feb. 24,
2000; Killian 1982; Chabot 1937:191-192)......................................................................................................................... 73
Figure 21. Antonio
Cantú’s certificate of baptism, November 26, 1899, naming her parents Lucio
Cantú and Adelina Montes. Courtesy of Mickey Killian....................................................................................... 74
Figure 22. Routes of
Cabeza de Vaca across Texas and Mexico, 1534-1536 (after Krieger 1955:Figure
1). 93
Figure 23. Approximate
location of tribal entities observed by Cabeza de Vaca within the
south Texas study area (group locations estimated using descriptions from
Campbell and Campbell 1981). 84
Figure 24. Approximate
pre-mission locations for groups admitted to Mission San Juan Capistrano,
1731-1772 (after Francis 1999:40, Figure 2-1).................................................................................................... 87
Figure 25. Map showing
locations of archaeological excavations at Mission San Juan from 1968-1998
(after Durst 1999:32 and Schuetz 1968:Figure 1).................................................................................................... 108
Figure 26. Map of
approximate locations (1690-1750) in the state of Texas for ethnolinguistic
groups thought to have possessed Toyah material culture (after Johnson
1994:279,
Figure 106)............................................................................................................................ 112
Figure 27. Map with locations of burial places revealed after
subsequent excavations shown. Adapted from Schuetz (1968:Figure 1, 1974, and
1980b).......................................................................................... 119
LIST OF TABLES
Table 1.
Summary information for periods of church and burial-place usages and
associated sacramental records (data from Ewers 1973; Schuetz 1968, 1974,
1980a, 1980b, 1980c; Rock 1999:16)................................ 32
Table 2. Summary
census and other historical information for Indian populations at
Mission San Juan (data from Schuetz 1980a:128; supplemented by Rock 1999 and
Schuetz 1980c). 36
Table 3.
Non-anthropological references to descendants of Indian neophytes at
Mission San Juan Capistrano and other places in San Antonio................................................... 46
Table 4. The Santiago
Díaz-María Josefa Gutiérrez household based on extant census records......... 77
Table 5. Named Indian
groups at four Spanish Colonial missions in San Antonio (after Campbell and
Campbell 1996, Table 1)............................................................................................................................................. 85
Table 6. Examples of
Comments from Ethnographic Literature about Coahuiltecan
Extinction................................................................................................................................. 88
Table 7. Native
American group affiliation of individuals in residence at Mission San Juan................. 89
Table 8. Names and
tribal affiliations of mission Indian land grantees from San Juan......................... 90
Table 9. Ethnic
make-up of San Antonio and its missions from available statistical reports,
1790 and 1792......................................................................................................................... 90
Table 10. Probable linguistic affiliation of Indian groups at
Mission San Juan (after
Campbell and Campbell 1996, Table 3).................................................................................... 97
Table 11. Summary
information on the classification of Coahuilteco and the Coahuiltecan language
family. 99
Table 12. Chronology
of archaeological investigations at Mission San Juan Capistrano
(see Figure 30 for location of rooms and excavation areas)...................................................... 105
Table 13.
Archaeological commentary on Coahuiltecan extinction.................................................. 108
Table 14. List of
artifacts, including probable funerary objects (grave goods)
recovered from burials at Mission San Juan (Schuetz 1968, 1974, 1980a; coffin
nails
and fragments of coffin wood excluded).................................................................................. 110
Table 15. Assumptions
of cultural affiliation of mission Indian material culture................................. 114
Table 16. Summary of pathological
data by region (after Reinhard et al. 1989:138,
Table 22)............................................................................................................................... 117
Table 17. Comparison
of historic and prehistoric pathological frequencies in coastal populations
(after Reinhard et al. 1989:139, Table 26)............................................................................................................... 117
Table 18. Human bone
reported by Schuetz’s excavations at Mission San Juan 1967,
1969, and 1971...................................................................................................................... 120
Table 19. Institutions
housing skeletal material from Mission San Juan Capistrano.......................... 121
Table 20. Master’s
theses concerning skeletal populations from
Mission San Juan Capistrano.................................................................................................. 122
Table 21. Preliminary
comparison of MNIs for skeletal remains from unfinished church (Room 26),
Mission San Juan. 127
The present study focuses on Native Americans who traditionally lived and worked at Mission San Juan and in the surrounding community. Its primary objective is to provide baseline information to the San Antonio Missions National Historical Park (SAAN) for future consultation with Native American groups regarding implementation of the Native American Graves Protection and Repatriation Act of 1990 (NAGPRA). This study also provides information that enables other cultural groups whose roots may stem from Mission San Juan to better establish their connected ancestry. Project results are also intended for use by park management to understand community values about park resources, present accurate interpretative programs, and make decisions about the park’s culturally significant resources.
Joint-Management Roles of NPS and the Catholic Church
The
National Park Service (NPS) now plays a key role in the management of Mission San
Juan in cooperation with the Catholic Archdiocese of San Antonio. Their joint-management role began in 1978
when Missions San Juan, Concepción,
Native
American Remains and Funerary Objects from
NAGPRA’s
potential applicability to Mission San Juan stems in part from archaeological
excavations carried out by Mardith Schuetz within the mission compound in 1967,
1969, and 1971, under the auspices of the Catholic Church. These investigations resulted in the removal,
study, and curation of skeletal remains from more than 100 individuals and the
associated funerary objects presumed to be those of aboriginal and/or missionized
Coahuiltecans. “Coahuiltecan” is a
geographically defined designation widely used for linguistically and
ethnically diverse bands of hunter-gatherers who inhabited Coahuila and other
states in northeast
Ultimately,
several universities were involved in the study of the human remains from
Prior to the reburial, Archbishop Patrick Flores performed a funeral mass and noted that it had been a mistake for the Church to grant permission for the protracted study of the remains of its parishioners. He also acknowledged and thanked avowed Indian descendants for their role in pursuing reburial. Two Native American Church services were held the night before the reburial to help prepare the Indian contingents for the morning ceremonies. Members of two Native American groups carried out the actual reburial ceremony: American Indians in Texas-Spanish Colonial Missions and the Tap Pilam-Coahuiltecan Nation.
UTSA archaeologists also recovered Native American remains in 1999, when a single gravesite was discovered inadvertently during construction of a drainage channel along the boundary line between Church- and NPS-owned properties. The remains were analyzed and identified as a young adult female of Native American origin. They were subsequently returned to SAAN and reinterred with approval of the Texas Historical Commission (THC).
Native
American Cultural Change and Survival at
Only
in the last decade or so have anthropologists and historians begun to understand
that although effectively “merged” into secular society,
To
renew and construct their own versions of native history and heritage, they
selected specific information from the pool of data generated by the academic
community and incorporated it into what they knew about mission Indians from
family histories and community lore. Not
surprisingly, total agreement is lacking between the cultural histories
presented by academic and mission Indian communities, as is typically the case
when perspectives between victors and vanquished or dominant and minority
groups are compared. There is also a
diversity of perspectives among today’s Native American groups who trace their
heritage, or parts thereof, to Mission San Juan, including American Indians in
Texas-Spanish Colonial Missions, The Tap Pilam-Coahuiltecan Nation, and the
Pamaque Band of San Juan Indians. To
gain a more holistic perspective on inter-community controversies, it will be
necessary to carry out additional investigations with representatives of the
various groups that promote mission Indian heritage in
While
the majority of people listed in the
Historical Contexts (Chapters 1 and 2)
From
historical and cultural evolution perspectives, geographical Coahuiltecans
arguably epitomize the concepts of cultural change and survival. First encountered in the early 1500s as
native hunter-gatherers, the aboriginal Coahuiltecans began to suffer from
apocalyptic depopulation with the arrival of
A
vast majority of these people ultimately came to live, at least for a time, at
missions in south
Throughout
the nineteenth and much of the twentieth centuries, these “veiled”
Coahuiltecans appear to have continued as an identifiable segment of the
The
Catholic Church came to recognize the claims of these parishioners and worked
in cooperation with Native American organizations in 1986 to ceremoniously
rebury several archaeologically recovered skeletal remains. In November 1999, Church officials and
members of the American Indians in Texas-Spanish Colonial Missions and The Tap
Pilam-Coahuiltecan Nation participated in religious services for reburial of
all the human remains recovered from
During
the 77th regular session (2001) of the Texas Legislature, the House
of Representatives passed House Resolution 787 “recognizing the Tap
Pilam-Coahuiltecan Nation and its efforts to preserve its cultural and
spiritual heritage and traditions.” The Texas Senate passed a similar
resolution to “commend the Tap Pilam-Coahuiltecans for their exemplary
preservation of their heritage and their many contributions to the culture of
our state and nation.” The President of
the Senate formally presented members of The Tap Pilam-Coahuiltecan Nation with
the resolution in the Senate chamber on
Popular Literature Contexts (Chapter 3)
Popular
literature about
By
the turn of the century,
Native American Groups (Chapters 2- 5)
Today,
there are several Native American groups (i.e., resurgent Coahuiltecans) in
During
the late 1990s, resurgent Coahuiltecans began to recount their own histories on
the worldwide web and in ethnically based magazines, as well as in the popular
literature. Initial conversations with
prospective interviewees for the present project also revealed that numerous
The
Tap Pilam-Coahuiltecan Nation, a resurgent Coahuiltecan group, recently
requested and was granted a formal sponsor relationship with the federally
recognized
Genealogical Contexts (Chapter 6)
Adán Benavides’ genealogical research for the present project focused on Santiago Díaz’ family. Díaz served as an alcalde at Mission San Juan during late Colonial times. Mickey Killian, one of the individuals interviewed for the present project, had compiled considerable information about the history of Mission San Juan and traced his own ancestry to Santiago Díaz.
Benavides’
research verified that Santiago Díaz was indeed among Mickey Killian’s ancestors,
but reliable evidence was not found to indicate that
Ethnographic and Ethnohistoric Contexts
(Chapters 7 and 11)
Coahuiltecan
does not designate a tribe in the same sense as Tonkawa, Comanche, or
Caddo. Anthropologists often use the
word “tribe” to denote a group of related bands that speaks a common language,
shares most cultural traits, have definable territories, albeit often vaguely
so, and that are held together by kinship and varying degrees of
socio-political ties. Alternatively,
Coahuiltecans were not nearly so bound together, insofar as this designation
encompassed hundreds of small, seemingly autonomous bands, some of which spoke
mutually unintelligible languages. What
these diverse bands had in common was their hunter-gatherer lifeways that were
well adapted to an environmentally similar portion of the coastal plains
drained by the
Only
a very small percentage of the hunter-gatherer groups identified by Cabeza de
Vaca in the 1530s can be reliably linked to Coahuiltecan groups encountered by French
colonizers and Spanish explorers in the late 1680s. Further, only a fraction of the groups seen
during the late seventeenth century are well-documented in Spanish Colonial
government and missionary records. Early
records show considerable overlap in band representation at
By
the late eighteenth and early nineteenth centuries, Indian people who remained
affiliated with the missions and churches in the
Between
1824 and 1895, most of the Spanish surnames on the church registry were
replaced by the names of Catholic immigrants from
Linguistic Contexts (Chapter 8)
Through
the years, there has been considerable debate among linguists about the nature
and classification of the Coahuiltecan language family and the Coahuilteco
language itself. While there is
agreement that Coahuilteco was once spoken, there are no known speakers today
and all of the languages spoken by native south Texas Indians are poorly
documented in historical records. It is
becoming widely accepted that during the pre-Columbian era, Coahuilteco
dialects (as a first language) may not have been spoken as extensively in
southern
Although new rounds of linguistic research are underway, there remains little consensus about which languages can be included under the rubric and whether Coahuiltecan is a legitimate language family. Representatives of the American Indians in Texas-Spanish Colonial Missions, the Tap Pilam-Coahuiltecan Nation, and the Pamaque Band of Mission San Juan are among those working to compile new information about languages spoken by geographically defined Coahuiltecans.
Archaeological Contexts (Chapter 9)
Archaeological
investigations at Mission San Juan began during the Depression Era and continue
to the present. Mardith Schuetz
excavated three cemetery areas within the compound in the late 1960s and early
1970s and argued that many of the burials and most of the Native American
artifacts represented Coahuiltecan populations.
Subsequently, Thomas Hester and others working in south
In
general, archaeological research reveals that elements of pre-contact ceramic
and chipped-stone technologies continued to be employed by native people after
they entered Spanish missions in the 1700s.
Historically
known Coahuilteco-speaking peoples of south
Bioarchaeological Contexts (Chapter 10)
A primary goal of the 1967 archaeological excavation of Mission San Juan's unfinished church was the recovery of a sample of skeletal remains that would be representative of extinct (i.e., aboriginal or neo-organized) Coahuiltecans. Analysis of recovered remains and associated funerary objects revealed, however, that most the people had been buried at this location between the 1760s and the 1790s, and perhaps as late as the early 1800s. Several of the interments represented individuals whose bodies had been reburied. Most of the human remains were clearly those of Indians, arguably geographical Coahuiltecans, but others represented a population that had already undergone miscegenation (i.e., Ladino Coahuiltecans). Human remains recovered from the floor of the extant church in 1969 were interpreted as representative of a racially mixed population characteristic of the late Colonial and early Post-Colonial periods (1780s-1860s).
Excavations in 1971 at the site of the first stone church, in use between about 1756 and sometime in the late 1780s, revealed additional burials that were left in place. The presence of numerous empty grave pits was interpreted as evidence that their contents had been exhumed and reburied elsewhere, presumably in conjunction with desanctifying the original burial site. Based on ages of funerary objects associated with the graves and church records, some of these burials undoubtedly dated to Mission San Juan's early Colonial Period (ca.1731-1750s) and were probably associated with the original jacal church.
Of
all the examined human remains from Mission San Juan, those from the vicinity
of the first stone church are the most likely to have included neo-organized
Coahuiltecans who entered the mission from the “wilderness” prior to 1750. It is also possible that the remains of a
female Native American discovered along a proposed drainage ditch southwest of
the mission compound in 1999 are representative of neo-organized Coahuiltecans
or perhaps aboriginal Coahuiltecans.
However, most recent bioarchaeological studies of the
Conclusions
about NAGPRA and Related Issues at
Questions about lineal descent, cultural affiliation, and the scientific importance of human remains recovered in the late 1960s from Mission San Juan were raised once again in 1986. It was then that the San Antonio Archdiocese expressed its intent to THC to rebury the human remains that had been recovered during Schuetz’ excavations. THC maintained that comprehensive analyses still needed to be undertaken and recommended that questions about final disposition of the remains should be discussed by representatives of the Archdiocese, UTSA (where the remains were then held), the State Archaeologist’s Office (part of THC), NPS, and any direct descendants of the deceased. Additional bioarchaeological studies were undertaken during the late 1980s and 1990s. NAGPRA was passed in 1990. Efforts by local Native American groups to claim repatriation rights were initially tied to NAGPRA, but it soon became clear that this case was not a NAGPRA issue.
THC noted that Coahuiltecans were not among the federally recognized tribes and encouraged Native American groups to address issues of federal recognition. NPS maintained, in accordance with NAGPRA’s provisions, that: (1) the remains and funerary objects had been recovered prior to NPS assuming any management control; (2) they never had legal possession of remains and funerary objects from the mission compound, due to their management agreement with the Church; and (3) accordingly, reburial issues were beyond NPS’ purview. By the mid- 1990s, the State had relinquished its claim to the human remains and recognized that ownership and legal control rested with the Catholic Church. The Church maintained its position that the reburial issue was not NAGPRA-related and that only the Archdiocese had standing to seek the return of the remains from UTSA and that it would continue to do so.
NAGPRA-related opinions and interpretations in this subsection are consistent with information provided by NPS personnel, including Alexa Roberts and Virginia Salazar of the Santa Fe office and Jason Roberts of the Washington D.C. office. Synthesis and interpretation of the information compiled for the present project allows the following conclusions:
·
NAGPRA applies to human remains and associated
funerary objects discovered on NPS-owned land at
· The Catholic Church contends that NAGPRA is not applicable to Native American remains and associated funerary objects from Mission San Juan that are in its legal possession. The Act does apply, however, to any museum, agency, or institution that received federal funding. The Church also maintains that it is not a federal repository, therefore NAGPRA does not apply to human remains and associated funerary objects from the mission. Skeletal remains and related objects recovered from Church-owned property at Mission San Juan indeed have been “held” at repository facilities covered by the Act (i.e., UTSA and SAAN). However, the Archdiocese of San Antonio maintains that these remains and items are “on loan” from the Church. As such, the Act does not appear to apply in this case because neither UTSA nor SAAN can be said to be in legal possession of human remains and funerary items that were on loan from another entity.
·
Establishment of cultural affiliation under
provision of NAGPRA is not directly applicable to human remains or associated
funerary objects from
· NAGPRA’s lineal-descent component is not yet applicable to human remains or associated funerary objects from Mission San Juan. This is because all burials found to date represent remains of unknown individuals to whom lineal descent has not been traced in a manner that meets NAGPRA’s definition of lineal descendant. Although some of the remains have undergone DNA analysis, the results have not been applied to issues of lineal descent. For the present time, the situation is somewhat analogous to a mass grave wherein the names of some individuals buried therein are known, but none of the individual remains has been identified as a known person. However, DNA or similar studies may identify individual Native Americans interred at the mission, as well as their direct lineal descendants among today’s population. To the extent that such studies are successful, the door would be open to NAGPRA-related repatriation under a claim(s) of lineal descent, assuming that such action would be consistent with Church ownership and legal possession of the remains and funerary objects.
·
Lineal descent from geographically defined
Coahuiltecans is probable. The present study
demonstrates that there are indeed living descendants of
·
Cultural affiliation is probable between
segments of the contemporary
Recommendations for Management and Additional Research
·
SAAN representatives should continue to expand
their consultation with Native American groups:
(1) American Indians in Texas-Spanish Colonial Missions, Inc.; (2) the
Tap Pilam–Coahuiltecan Nation; (3) the Pamaque Band of Mission San Juan; (4)
the Lipan Apache Band of Texas; (5) the
Tribal Council of the Carrizo/Comecrudo Nation of Texas; (6) Tonkawa Tribe,
Tonkawa, Oklahoma; and (7) the Erab Choctaw-Apache Tribe, Zwolle, Louisiana. Other groups and individuals with potential
interests should be sought out as well, including the Caddo, Mescalero Apache,
· Future research efforts should include implementation of Mardith Schuetz’ call in 1968 for a major study to identify, locate, and gather oral histories from individuals who trace their ancestry to San Juan’s mission Indians, as well as other people of Native American lineage who lived there during the Spanish Colonial period. Most of the older descendants she met 30 years ago have since died, but their descendants may still reside in the area and provide sources of additional information about the values and concerns of people traditionally associated with the mission.
·
Lineal descent can also be traced by beginning
with individuals identified in Spanish Colonial records and tracing them
through the centuries to their present-day descendants. Toward that end, genealogical investigations
should be undertaken of individual Indians identified in
·
Lineal descent and cultural affiliation studies
at other missions would be greatly facilitated by the availability of detailed
historical reports for each mission. Of
the literature reviewed for the present project, Rosalind Rock’s comprehensive
history of Mission San Juan was especially important. It revealed details not found in other
sources, including information about Indian groups who came to live there,
recruiting expeditions to the coast and off-shore islands, the difficulties of
maintaining Indian populations, and the relationships among Indians at
different missions in south
·
Another avenue for future research regarding
links between mission Indians, or other Indians who lived at the mission, and
their present-day descendants, is the role of peyote in religious ceremonies
and for other purposes. Chroniclers of
the Spanish Colonial era documented the importance of peyote in the mitotes, or ceremonies, among native
people throughout much of south
· Efforts should also be undertaken to assess Mardith Schuetz’ suggestions that cemeteries dating to the Spanish Colonial era may be located within the presently enclosed area south of the unfinished church and in the entire plaza area associated with the first stone church. Judging from the recent discovery of a Native American burial well to the southwest of the compound, along the NPS-Church property line, there may be other burials on NPS-owned properties as well. Remote sensing techniques, including subsurface interface radar, should be explored as a means to identify burial sites. It may be necessary, however, to conduct exploratory excavations to verify the presence of graves and firmly establish the aerial extent of any identified cemeteries.
Organization of the Report
Chapter
1 establishes a research context for the study, outlines the general nature of
the debate surrounding Coahuiltecan extinction and how it relates to NAGPRA issues
of lineal descent and cultural affiliation,
and summarizes the project’s own history.
Chapter 2 establishes a historical context for reassessing Coahuiltecan
extinction. Chapter 3 documents how
descendants of
Appendices included at the back of this report include the following: (A) table listing cultural materials from Mission San Juan that are or were (prior to the reburial of human remains in November 1999) held at the Center for Archaeological Research, the University of Texas at San Antonio; (B) table listing the cultural materials from Mission San Juan that are or were (prior to the reburial of human remains in November 1999) housed at SAAN facilities; (C) annotated bibliography of sources pertaining to Coahuiltecans and San Antonio’s mission Indians; (D) sample questionnaire used by Cohen as a guide for the interviews he conducted; (E) relevant transcriptions of the interviews with four individuals who trace their ancestry to mission Indians; (F) list of names and addresses of individuals and groups consulted; (G) list of other individuals and groups knowledgeable of traditional history and who are potentially interested in being considered for future consultation by authorized park personnel; and (H) copies of selected letters and documents pertaining to potential NAGPRA issues and related recognition issues at
Mission
Introduction to a Lineal Descent and
Cultural Affiliation Study for
Mission San Juan Capistrano was founded in 1731 along the banks
of the San Antonio River and astride the Caminos Reales—Royal Roads—that linked
Mexico City with frontier posts and missions in east Texas and Louisiana. By that time there were four other missions
established nearby along the
Most of the
The National Park Service (NPS) now plays a key role in the
management of Mission San Juan in cooperation with the Catholic Archdiocese of
San Antonio. Their joint-management role
began in 1978 when Missions San Juan, Concepción,
The present study focuses on Native American peoples who
traditionally lived and worked at Mission San Juan and in the surrounding
community. Its primary objective is to
provide baseline information to the SAAN for future consultation with Native
American groups regarding implementation of the Native American Graves
Protection and Repatriation Act of 1990 (NAGPRA, Public Law, 101-601; Committee
on Interior and Insular Affairs 1990).
It is important to note from the outset that all Indian people known to
have been missionized at

Figure 1. Map showing the
locations of Spanish Colonial missions, the villa, presidio, and roads in the
NAGPRA’s potential applicability to Mission San Juan stems from archaeological excavations conducted within the mission compound in 1967, 1969, and 1971. Those investigations resulted in the removal, study, and curation of skeletal remains and associated funerary objects presumed to be those of aboriginal and/or missionized Coahuiltecans (Schuetz 1968, 1974, 1980b). Until it can be demonstrated that Native Americans of non-Coahuiltecan affiliation were present at Mission San Juan and that their remains are potentially buried there, NAGPRA inventories and related research at the mission probably need not look very far beyond the native hunter-gatherer populations known collectively as Coahuiltecans.
San Antonio Missions National Historical Park funded this
project and wrote its scope of work entitled “Lineal Descent and Cultural
Affiliation Study, San Juan Mission” (SAAN 1998). The study was carried out by staff and
consultants at the Center for Ecological Archaeology (CEA),
As noted, the study’s primary objective is to provide baseline information to SAAN for future consultation with Native American groups regarding implementation of the Native American Graves Protection and Repatriation Act. Importantly, this study also provides information that enables other cultural groups whose roots may stem from Mission San Juan to better establish their connected ancestry. Project results will be
Figure 2. Map of
used to assist park management in understanding community values about park resources, presenting accurate interpretative programs, and making decisions about the park’s culturally significant resources.
Scope of Work
As per the project’s scope of work (SAAN 1998), CEA’s proposal (Thoms 1998), and research strategies outlined in quarterly progress reports submitted to SAAN, the project’s research team was required to perform the following duties:
· Inventory potentially NAGPRA-related items from Mission San Juan that are held in collections at the University of Texas in San Antonio and at NPS headquarters in San Antonio (see Appendices A and B, respectively).
· Conduct a lineal descent and cultural affiliation study for Mission San Juan that includes: (1) archaeological, historical, ethnographic/ethnohistoric, and linguistic overviews, especially pertaining to Coahuiltecans and other Indian groups (see Chapters 2, 3, 7-10); (2) annotated bibliographies for San Juan covering archaeology, ethnography, ethnohistory, linguistics, missions, physical anthropology, and historical and census-related data (see Appendix C); (3) a detailed genealogy of at least one family with a strong potential as lineal descendants of a mission Indian family (see Chapter 6); (4) interviews to obtain oral history information with representatives of four families with a strong potential as lineal descendants (see Chapter 4 and Appendices D-G); and (5) photographs of individuals who were interviewed and their family members as appropriate (see Chapter 5).
· Develop baseline research for Coahuiltecan groups, including: (1) an annotated bibliography of pertinent sources (Appendix C includes these and other bibliographic annotations for overall study); (2) summaries of the current status of research on Coahuiltecans and related issues of direct lineal descent and cultural affiliation (see all chapters and Appendix H).
· Evaluate the study’s findings for its utility in implementation of NAGPRA regulations for determining lineal descent and cultural affiliation, as per 43 Code of Federal Regulations (CFR) 10 Section 10.14 (see Chapters 1 and 11).
· Present the project’s research methods and results in a final report (i.e., the present volume).
Project Personnel
The research team for this project included the report’s four
primary authors (see below), as well as Patricia A. Clabaugh (CEA collections
manager), who inventoried the cultural materials from Mission San Juan and
prepared the tables presented in Appendices A and B. Charlotte E. Donald and J. Bryan Mason, as
well as Jennifer L. Logan and Adán Benavides, Jr., prepared the annotated
bibliography (Appendix C). In addition,
Mason assisted with computer-generated maps and charts. Julia M. Gottshall assisted in proofreading
the draft reports and making editorial corrections. Final editing was undertaken by personnel at
the Texas Transportation Institute,
Alston V. Thoms, director of CEA and faculty member in the
Department of Anthropology, served as the project’s principal investigator,
wrote the historical overview (Chapter 2) and synthesized the evidence for
lineal descent and cultural affiliation (Chapter 11). He first worked as an archaeologist in south
Adán Benavides, Jr. is the Assistant to the Head Librarian for
Research Programs for the Benson Latin American Collection at the
Jeffrey H. Cohen, Assistant Professor of Anthropology at
D. Gentry Steele, a well-known professional photographer and a
professor in the Department of Anthropology at Texas A&M, served as the
project’s photographer. For the present
project, he photographed the 1999 San Juan/Berg’s Mill reunion as well as the
individuals and family members who participated in the interviews. His photographs and commentary are presented
in Chapter 5. His previous photographic
works include Land of the Desert Sun:
Texas’ Big Bend Country (1998). He
also advised us on bioarchaeological issues.
As a bioarchaeologist at Texas A&M, he conducts skeletal-biology
studies of North American hunters and gatherers, particularly the earliest
Americans. His research includes an
overview of bioarchaeological studies in the central, south, and lower
Jennifer L. Logan, a graduate student in the Department of
Anthropology and a CEA staff member, served as the project’s primary research
assistant. She prepared the overviews on
popular literature, ethnohistory, linguistics, archaeology, and bioarchaeology
(Chapters 3, 7, 8, 9, and 10, respectively).
She also assisted in proofreading and editing the first draft version of
the present report. Her archaeological
experience includes field and laboratory work in south, central, and east
Project Chronology and Contacts
SAAN notified CEA on
In early February 1999, Thoms wrote to the presidents of
AIT-SCM and the Men’s Club to request a meeting on February 20 with interested
members of each group, especially representatives of families likely to have
long histories at Mission San Juan and/or nearby Mission Espada. Dr. Rock helped arrange a separate meeting
with a representative of the Catholic Church, Father Larry Brumer, a former
parish priest at Mission San Juan who was then serving at Mission Espada. We met with Father Brumer as scheduled and
briefed him on the study. We also held a
preliminary work session with Dr. Rock on February 19 to explain our plans for
the February 20 meeting at Slattery Hall (
About 20 representatives of AIT-SCM and the Men’s Club decided
to meet together at Slattery Hall on February 20. As it turned out, both groups recognized
Mickey Killian as the community member most knowledgeable about Native American
ancestry issues. They jointly
recommended him as their liaison to identify individuals of Indian ancestry
most likely to have long histories at
For the meetings on February 19 and 20, Thoms presented a project overview and Cohen explained the protocol for conducting interviews with four to six individuals who trace their ancestry to Indian people who lived at the mission during the Spanish Colonial period. Benavides discussed how he would review archives and conduct a detailed genealogical study of an individual whose family is comparatively well-documented in church and other historical records. Father Brumer and representatives of AIT-SCM and the Men’s Club were provided with: (1) spiral-bound copies of selected documents, including CEA’s proposal, the contract summary; (2) copies of regulations for the Native American Graves Protection and Repatriation Act; and (3) a list of more than 90 bibliographic references pertaining to Indian people at Mission San Juan and vicinity.
Our research team was well received by Father Brumer and all
the
On
Thoms, Cohen, Steele, Clabaugh, and Logan attended the Berg’s
Mill Reunion at Mission San Juan Capistrano on
On
Throughout the two and a half year course of this project, the
research team continued to discuss issues of lineal descent and cultural
affiliation among themselves, as well as with their colleagues, members of the
San Juan/Berg’s Mill community, and other people with vested interests in the
project. This was necessary not only to
establish good working relationships, but it kept us apprised of community,
professional, and managerial politics that encompassed the project. In doing so, we encountered individuals and
groups likely to have important information about the issues at hand, but whom
we were unable to include in the project in a meaningful fashion due to
monetary limitations and time constraints.
Among those was Daniel Castro Romero, Jr., general council chairman of
the Lipan Apache Band of Texas, a group that filed a Letter of Intent to
Petition for federal acknowledgment with the BIA on
The first quarterly report submitted to NPS included a statement expressing concerns that efforts to obtain detailed information about family histories and oral traditions may be thwarted by an ongoing law suit(s) between representatives of the Men’s Club and the Catholic Church. While details about the lawsuit remained unknown, we felt its effects insofar as some community members seemed reluctant to talk freely with our research team members because they mistakenly perceived SAAN as being linked with the church in managing church-owned property and resolving church issues. While researchers continued to operate effectively within the community, it was under conditions that were less than ideal.
Work carried out from July 1 through October 31, 1999, included: (1) interviews with individuals who trace their family histories to Mission San Juan and, in particular, to Indians known or suspected to be affiliated with the mission in the eighteenth and early nineteenth centuries; (2) inventory of archaeological collections recovered from Mission San Juan; (3) further review of studies carried out on skeletal remains from church-floor burials at the mission; and (4) additional documentation of the multicultural nature of the San Juan/Berg’s Mill community.
From November 1999 through February 2000 the following work was accomplished: (1) transcription and synthesis of interview data from four individuals who trace their family histories to Mission San Juan and, in particular, to Native Americans; (2) initiation of genealogical research to determine whether direct lineal descent can be demonstrated from mission Indians in the eighteenth or nineteenth centuries to present-day community members; (3) review of archaeological literature relevant to Mission San Juan; (4) compilation of additional ethnographic information about Coahuiltecans and mission Indians in south Texas; and (5) attendance of the reburial ceremony held at Mission San Juan in November 1999.
Work conducted from March 2000 through August 2000 included: (1) copy editing the transcriptions of interviews with four individuals who trace their family histories to Mission San Juan; (2) completion of genealogical research to determine whether direct lineal descent from Santiago Díaz, a San Juan alcalde in 1817 can be demonstrated for several families in the modern San Juan community; (3) transcription and review of the hand-written archaeological report (Schuetz 1980b) on excavation of the early mission’s convento area in 1971; (4) photographic documentation of four members of the San Juan/Berg’s Mill community who trace their ancestry to the community and who were interviewed as part of the present project; (5) completion and submission of the annotated bibliography pertaining to mission history and especially Coahuiltecans and other mission Indians in south Texas; and (6) in-house editing and revising the draft report.
A preliminary draft report was submitted to NPS for review and
comment in late August 2000. Written
comments were received from NPS on
A revised final draft was submitted to SAAN in early June 2001 for a second round of review and comments. CEA responded to comments and modified the final draft accordingly. A final report was printed and submitted to SAAN in November 2001.
Research Objectives and NAGPRA Compliance
Two closely related research objectives characterize the present project: (1) provide information that assists the NPS in understanding the values and concerns of American Indians associated with the mission; and (2) provide baseline information for conducting NAGPRA-specific consultations with Indian groups likely to have been associated with Mission San Juan. The first objective is straightforward enough, but the second one requires a basic understanding of the Native American Graves Protection and Repatriation Act of 1990, better known as NAGPRA.
Regulations for NAGPRA implementation include detailed definitions and criteria for determining lineal descent and cultural affiliation (United States Department of the Interior 1999). Elements of the following discussions are expanded in the other chapters, but it is important to provide a context about the diversity of opinions that exist concerning the issues at hand.
NAGPRA Clauses and Definitions
The Native American Graves Protection and Repatriation Act of 1990 is intended to ensure that federally recognized tribes are afforded an opportunity to have ownership and control of the remains of their ancestors. The Act also ensures that recognized tribes are afforded an opportunity to have ownership and control of associated and unassociated funerary objects, sacred objects, and objects of cultural patrimony. NAGPRA affords protection for Indian gravesites and cemeteries on federal and tribal lands. It contains provisions instructing public and private museums, universities, and other institutions that receive federal funding to undertake the following: (1) inventory their holdings of Native American remains and NAGPRA-related objects; (2) consult with Indian groups and representatives of museums and the scientific community; and (3) based on findings of lineal descent or probable cultural affiliation, repatriate human remains and funerary objects to the appropriate lineal descendant(s) or culturally affiliated Indian tribe (Committee on Interior and Insular Affairs 1990).
NAGPRA’s requirements for an inventory of human remains and associated funerary objects include the statement that:
Each Federal agency and each museum which has possession or control over holdings or collections of Native American human remains and associated funerary objects shall compile an inventory of such items and, to the extent possible based on information possessed by such museum or Federal agency, identify the geographical and cultural affiliation of such items [Committee on Interior and Insular Affairs 1990:3053].
The Act further stipulates return or repatriation of remains and certain objects held by federal agencies and museums:
if...the cultural affiliation of Native American human remains and associated funerary objects with a particular Indian tribe or Native Hawaiian organization is established, then the Federal agency or museum, upon request of a known lineal descendant of the Native American or of the tribe or Native Hawaiian organization...shall expeditiously return such remains and funerary objects [Committee on Interior and Insular Affairs 1990:3051].
There are also specific clauses in NAGPRA pertaining to ownership of Native American human remains and objects found after 1990:
NAGPRA also provides definitions to key terms used in the Act. Among the definitions especially important to the present project are:
· “Federal
agency” means any department, agency, or instrumentality of the
· “Federal
lands” means any land other than tribal lands which are controlled or owned by
the United States, including lands selected by but not yet conveyed to Alaska
Native Corporations and groups organized pursuant to the Alaska Native Claims
Settlement Act of 1971.
· “Indian
tribe” means any tribe, band, nation, or other organized group or community of
Indians, including any Alaska Native village (as defined in, or established
pursuant to, the Alaska Native Claims Settlement Act), which is recognized as eligible for the special programs and services
provided by the United States to Indians because of their status as Indians
(emphasis added).
· “Museum”
means any institution or State or local government agency (including any
institution of higher learning) that receives Federal funds and has possession
of, or control over, Native American cultural items. Such term does not include the Smithsonian
Institution or any other Federal agency.
· “Native
American” means of, or relating to, a tribe, people, or culture that is
indigenous to the
· “Right of
possession” means possession obtained with the voluntary consent of an
individual or group that had authority of alienation. The original acquisition of a Native American
unassociated funerary object, sacred object or object of cultural patrimony
from an Indian tribe or Native Hawaiian organization with the voluntary consent
of an individual or group with authority to alienate such object is deemed to
give right of possession of that object, unless the phrase so defined would, as
applied in section 7(c), result in a Fifth Amendment taking by the United
States as determined by the United States Claims Court pursuant to 28 U.S.C.
1491 in which event the “right of possession” shall be as provided under
otherwise applicable property law. The
original acquisition of Native American human remains and associated funerary
objects which were excavated, exhumed, or otherwise obtained with full
knowledge and consent of the next of kin or the official governing body of the
appropriate culturally affiliated Indian tribe or Native Hawaiian organization
is deemed to give right of possession to those remains [Committee on Interior
and Insular Affairs 1990:3049].
NAGPRA Regulations
Regulations for implementing NAGPRA are especially important for the present study. They are formally listed and entitled as Code of Federal Regulations (CFR), Title 43—Public Lands: Interior; Subtitle A—Office of the Secretary of the Interior; Part 10—Native American Graves Protection and Repatriation Regulations (U.S. Department of the Interior 1999).
Section 10.2 of the NAGPRA regulations also contains definitions that are especially pertinent to the present project.
· The term
“possession” means having physical custody of human remains, funerary objects,
sacred objects, or objects of cultural patrimony with a sufficient legal
interest to lawfully treat the objects as part of its collection for purposes
of these regulations. Generally, a museum
or Federal agency would not be considered to have possession of human remains,
funerary objects, sacred objects, or objects of cultural patrimony on loan from
another individual, museum, or Federal agency (emphasis added).
· The term
“control” means having a legal interest in human remains, funerary objects,
sacred objects, or objects of cultural patrimony sufficient to lawfully permit
the museum or Federal agency to treat the objects as part of its collection for
purposes of these regulations whether or not the human remains, funerary objects,
sacred objects or objects of cultural patrimony are in the physical custody of
the museum or Federal agency. Generally, a museum or Federal agency that has
loaned human remains, funerary objects, sacred objects, or objects of cultural
patrimony to another individual, museum, or Federal agency is considered to
retain control of those human remains, funerary objects, sacred objects, or
objects of cultural patrimony for purposes of these regulations [U.S.
Department of the Interior 1999:195].
Subpart 10.14 of the regulations, entitled “Lineal descent and cultural affiliation,” addresses important procedural aspects for NAGPRA. It reads in part:
(a) General. This section identifies procedures for determining lineal descent and cultural affiliation between present‑day individuals and Indian tribes or Native Hawaiian organizations and human remains, funerary objects, sacred objects, or objects of cultural patrimony in museum or Federal agency collections or excavated intentionally or discovered inadvertently from Federal lands. In respect to tribal lands, Indian tribes and Native Hawaiian organizations may also use them.
(b) Criteria for determining lineal descent. A lineal descendant is an individual tracing his or her ancestry directly and without interruption by means of the traditional kinship system of the appropriate Indian tribe or Native Hawaiian organization or by the common law system of descent to a known Native American individual whose remains, funerary objects, or sacred objects are being requested under these regulations. This standard requires that the earlier person be identified as an individual whose descendants can be traced (emphasis added).
(c) Criteria for determining cultural affiliation. Cultural affiliation means a relationship of shared group identity that may be reasonably traced historically or prehistorically between a present-day