appendix: elephant pipes and inscribed tabi-ets. 331 



In the "Introductory" to the First Annual Report of the Bureau of 

 Ethnology, Major Powell himself explains the origin of this so-called 

 "bureau," and there states that ''the Secretary of the Smithsonian Insti- 

 tittion i/itri/stt'd its managetnent to the former director of the snrvev of 

 the Rocky Mountain region." It thus plainly apj^ears that Major Pow- 

 ell, in his own estimation, occupies his present position at the head of 

 that department, by appointment of the Secretary of the Smithsonian 

 Institution. It further as plainly appears that the Bureau of Ethnology 

 has no legal existence except as a de])artment of the Smithsonian Insti- 

 tution. 



Inasmuch as the appropriations are also made by Congress upon the 

 express condition that this work is to be performed under your ''direc- 

 tion^' the statement you now make concerning one of its official reports 

 that "the Secretary of the Smithsofiian Institution has nothing whatei'er 

 to do with its preparation, nor has he any supervision of its contents" will 

 occasion surprise, and may serve to disclose an unperformed duty. 



My previous assumption, therefore, that "the force of this attack was 

 very greatly augmented by the connection of the Bureau of Ethnology 

 with the Smithsonian Institution," seems after all to be well founded. 

 Mr. Henshaw was an employe in this dei)artment, receiving a stated 

 salary, and presumed in his utterance to represent the views of his 

 superiors. Thus, going forth stamped with the name of your institu- 

 tion, the statements in his paper would pass unchallenged into the 

 world of science. Mr. Henshaw derived importance from his eviron- 

 ments. "Strip him of his ])lumage and you fix him to the earth." If, 

 as the law clearly contemplates, Mr. Henshaw is working under your 

 "direction," then must his paper have derived importance from your 

 name and fame. 



The American Congress in taking these ethnological researches 

 away from the Geological Survey, and placing them under the direct 

 supervision of one of the foremost scholars of our country, acted with 

 wise forethought. To a gentleman like yourself, accustomed to pre- 

 cision in the use of language, it will not be necessary to discuss the 

 force and significance of the expression used by our law-makers in 

 enacting that in future these ethnological researches should be con- 

 ducted under the "direction" of the Secretary of our great scientific 

 institution. It was never contemplated, I am sure, that the connection 

 thus established could be regarded by any one, and above all, by your- 

 self, as an airy nothing, a mere legal fiction. 



In your communication you disclaim all responsibility for the accu- 

 racy of papers published by or under the auspices of the Smithsonian 

 Institution, itself, and disavow any obHgation to either indorse or de- 

 fend the conclusions and theories of the writers. This position is so 

 evidently correct it scarcely required restatement. It will readily be 

 conceded that all its scientific papers accepted for publication "must 

 stand or fall upon their own merits." There is, however, a limit to 

 your freedom from responsibility, which, as stated in your own rules, 

 involves the precise question I have raised in this correspondence. 

 This regulation concerning your publications is thus stated : 



