Posted on 12/26/2009 12:34:43 AM PST by tlb
MIAMI — A U.S. district judge has ruled that U.S. treasure-hunting company Odyssey Marine Exploration should return to Spain a fortune in old coins recovered from the wreck of a 19th-century Spanish warship.
Judge Steven Merryday nevertheless directed that the return of the treasure to Spain be stayed until an appeals process in the case was concluded.
Merryday's order backed a recommendation by a U.S. magistrate judge in June that Odyssey should hand over to the Spanish government nearly 600,000 silver and gold coins valued at some $500 million that it recovered from the wreck of the 19th-century Spanish warship Nuestra Senora de las Mercedes.
Spain said the Spanish naval frigate was carrying treasure back from Peru when it was sunk by British gunboats in 1804.
Odyssey Marine, which has disputed the treasure came from the Nuestra Senora de las Mercedes, discovered wreckage and the 17-ton haul of artifacts in March 2007 in international waters.
"The ineffable truth of this case is that the Mercedes is a naval vessel of Spain and that the wreck of this naval vessel, the vessel's cargo, and any human remains are the natural and legal patrimony of Spain," Merryday said.
The Mercedes sank in the first few minutes of the Battle of Cape St. Mary's as an explosion ripped it apart, killing more than 200 sailors. The attack led Spain to declare war on Britain and enter the Napoleonic Wars on the side of France.
Peru, which was ruled by Spain at the time the Mercedes was sunk, entered the legal fray in August when it filed a claim for information with the Tampa court. The filing said the coins may be "part of the patrimony of the Republic of Peru."
(Excerpt) Read more at foxnews.com ...
Spoilsports!
You’d think there should be 33% finder’s fee, at the very least...
Yep! I see no reason the treasure seekers should not charge Spain for their services an amount equal the find. Certainly the judge if a liberal would have to agree since the would be “fair”.
This makes no sense! Over 200 years ago in international waters?
A hate America judge that should be removed.
This will only encourage treasure hunters to just make off with the stuff and sell it on the black market. No use doing it by the book and getting screwed over for their efforts.
Sure it does. War ships remain the property of the nation in perpetuity.
There are no salvage rights for warships.
Now on the other hand an argument I have thought about is that; is the Royal Spain actually the same nation as the Republic Spain?
If at any time the Republic Spain repudiated any debts incurred by the Royal Spain I think an argument could be made that they are not the same and the nation that was owner for that ship no longer exist and the ship is salvage.
This is pure bullsh*t.
The gold was looted from others, and the ship sank in international waters.
Spain has no more legal claim to this stuff than Swaziland.
This judge is just attempting to parade his PC credentials and show the world how “enlightened” he is.
Pure crap.
Not so fast. This is going to appellate and, if necessary, the Supreme Court. And, that’s exactly where they wanted to go with it from the onset.
Nominated by President George H.W.Bush in 1992.
Correction to my above post, Judge Merryday was nominated in 1991 and confirmed in 1992.
Exactly. And if Spain was so concerned about the loot, they would have bothered to look for it. After 200 years of non-action, they gave up their claim.
If the salvagers lose the appeal, they should skip off with the loot and dump in the deepest trench in the ocean. Let Spain suck on that.
Who has confirmed that it is the Spanish warship Nuestra Senora de las Mercedes?
http://www.shipwreck.net/ “We do not believe the Magistrate applied the correct legal analysis to the discussion of commercial activity, so we look forward to presenting our case that even if the coins recovered were once part of the cargo of the Mercedes, that ship was not entitled to the sovereign immunity enjoyed by warships on strictly military service under U.S. law and policy as well as under applicable international law. The Mercedes was serving a well-documented commercial - not military - purpose when she sank. More than 70% of the coin cargo aboard never belonged to Spain. Private individuals and merchants paid a freight charge to have their private property transported. Some of the descendants of these people have entered into this case to voice their claims. The Foreign Sovereign Immunities Act only applies to sovereign governments and their property and has been misapplied by this court,” said Melinda MacConnel, Odyssey Vice President and General Counsel. “We will file our notice of appeal with the Federal District Court for the Middle District of Florida and Eleventh Circuit Court of Appeals within the required time and look forward to presenting our case in that forum.”
For more information about Odyssey’s legal arguments in the case, please review Odyssey’s legal filings available here: http://www.shipwreck.net/blackswanlegal.php
pontiac is right...if higher courts reverse this it will be a reversal of quite a bit of precedence regarding warships
many cases already heard on this regarding foreign vessels and even CSA warships which the USN claims
what has made this so vexing now is technology has made heretofore unreachable wrecks reachable if the find is big enough
common sense would say that the wreckers deserve big compensation but so far that is not the case
even if you have grandpa’s gyro from a sunk military vessel the government could claim it and win
Take from the the "Black Swan"/Nuestra Senora de las Mercedes, stored in a warehouse "somewhere" in Tampa.
Spain said the Spanish naval frigate was carrying treasure back from Peru when it was sunk by British gunboats in 1804. The Mercedes sank in the first few minutes of the Battle of Cape St. Mary's as an explosion ripped it apart, killing more than 200 sailors. The attack led Spain to declare war on Britain and enter the Napoleonic Wars on the side of France.
If the assh0le judge is gonna give it back to anybody, he should give it to the descendants of the Incas from whom Spain stole the gold in the first place.
Or, if he wants to be REALLY politically correct, have it melted down and placed back in the Earth - ‘Goddess Gaia’ - from whom the Incas “stole” it before the Spaniards stole it.
This decision is bull crap, and the judge is an assh@t.
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