Ethical Considerations Concerning Native American Songs

In many native American cultures, a system of rights and obligations has existed with respect to the singing of songs. The right to sing some songs was reserved for certain individuals. In some cases, only a single person was permitted to sing a given song. In other cases, the right to sing certain songs was reserved exclusively for members of a particular society or club. Often, songs were exchanged or purchased by individuals, or given as gifts. The right to sing some songs was sometimes passed down through hereditary lines. Many of the songs collected by Frances Densmore originated within such systems of rights and obligations. In making these songs accessible to the general public, important ethical questions arise, and we encourage all site visitors to become informed about the attendant issues. An example of the ethical considerations can be found in the Eagle Catching songs of the Mandan. These songs can be sung only by a given individual -- a privilege that is passed on through hereditary right. At the time of Densmore's collecting, these songs could be sung only by Marolipa [Buffalo Bull Head], also known by his English name of Ben Benson. By 1918, Densmore had recorded 12 Eagle Catching songs as sung by Marolipa. Densmore describes the circumstances as follows: "Ben Benson, a reliable informant, asked if anything had been "written down" concerning the custom of eagle catching and offered to record the Mandan songs, which he alone has the hereditary right to sing. He was allowed to select a place where he wished to record them, and designated a place where he thought he would be safe from interruption. He brought with him a prominent Mandan chief to act as witness, according to the native custom. At intervals during his narration he consulted his witness, who had the right to offer corrections if he considered them to be necessary." [Densmore, 1923, p.13] Given the special status of Mandan eagle catching songs, users of this database should consider the following questions: (1) Was Densmore remiss in recording, transcribing and/or publishing notations of these songs? (2) Is electronic distribution of these songs unethical? (3) In what way, if any, should users of this database restrict their use of these songs?

In ethical matters, it is difficult to draw fixed lines, and people of good will can differ in what they conclude is ethically appropropriate behavior. Although we will offer explicit guidelines below, individuals should consider the following arguments in forming their own views regarding appropriate use of the materials collected by Densmore.

• As implied in Densmore's above description, the hereditary right appears to apply only to the right to sing these songs.
• Marolipa brought along a fellow Mandan "who had the right to offer corrections". This implies that the songs were commonly heard by others, who were not themselves allowed to sing them, but who were sufficiently familiar with the songs as to be able to recognize deviations and offer advice.
• Note, however, that Marolipa's colleague was a prominent Mandan chief ("according to the custom"). This suggests that the songs might normally be sung only in the presence of a special restricted audience.
• If the songs were so special, why did Marolipa offer to record them? Densmore's description suggests that Marolipa explicitly approached Densmore about the possibility of having them "written down".
  
  In answering this last question, some historical background may be helpful. In the nineteenth century, there were estimated to be some 1,600 Mandans. However, in the Report of the Commissioner of Indian Affairs for the year 1918 (p.92), the number of Mandans was given as just 274 individuals. Under these circumstances, Marolipa might have believed that Mandan culture was in serious danger of disappearing altogether, and so volunteered to record these materials for posterity. Were Mandan culture less in danger, one could well imagine Marolipa refraining from having them recorded.

  Precautions and Recommendations:

  In distributing Densmore's collection in electronic form, we have attempted to address some of the ethical concerns in the following ways:

  1. Songs known to have a special status, such as Mandan Eagle Catching songs are notated in red.
  2. Special-status songs cannot be played back using MIDI.
  3. Out of respect to Native American cultures, we explicitly recommend that users refrain from singing special-status songs.
  4. In the down-loadable versions of the Densmore collection, special ethical notices are included. Where appropriate, individual song files contain a Reference Record warning users that special ethical considerations attend the use of these files. Special status songs have been isolated from the main body of songs and placed in special directories.
  David Huron
  August 2000
  
  We welcome your comments and feedback regarding moral and ethical issues.