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 ...
Then Odyssey Marine should prevail, but given the vaugaries of admiralty law and the wacko behavior of U.S. judges, I’m not so sure.
Was it not abandoned property available for the taking? Any Admiralty lawyers around?
“I wonder how the wise Latina will rule ?”
hmmm...Let’s see...
Spain made a claim against it.
Peru made a claim against it.
She’s a proud Latina. Um, oh, I think she’ll be fair, apply the pertinent laws, and impartial. /NOT
That law was LOST.
Screw Spain! Like they hadn’t previously stolen the gold from the Americas...
I didn't say "salvaged", I said "looted". Operating in secret gives you time to strip and run, not to do real salvage. Archaeology will lose big. Gee thanks, lawyers!
Even “looting” a major deep water wreck would involve too many complicated logistical modalities. It couldn’t be researched, found, and looted in total secrecy. It would be like trying to gear up for a moon shot in secret.
Isn’t this because it was a Spanish naval ship?
See post 58.
Good point...maybe the higher courts will overturn this.
I researched this a bit when I first saw this and saw nothing on military flagged vessels being used as cargo...this could set another precedent.
I saw one case where a fellow had the bell from the Merrimac and the US government came and sued and took it for the Smithsonian sin compensa.
Strange laws I agree and especially now in the post Little Alvin age.
Spain robbed south America of their blood, culture and gold. Spain has no right to any of this gold.
It was a pirate ship in fact.
See 69. It is the privilege of governmets to guard the rests of their military vessels. And probably the United States of America are the most interested in law being so.
Not picking a fight but that is a pretty PC revisionist view of western culture ...one that my kids hear incessantly in grade school and one i have to combat. "White man evil, red man great and noble"
Do you feel the same vitriol to how our forebears robbed the Indians here?
I have news for you. The native American tribes here were every bit as bloodthirsty and brutal as the Conquistadors...maybe more so, they just lacked wheels, domestic animals and cannon...and anything past early bronze age (and that is debatable..see Guanin in northern Colombia as the only exception to most of the New World being Stone Age)
Odd notions sometimes here for a conservative forum...when it comes to history.
like I said...I know you are a fine freeper but just sayin..
btw...I am descended from John Rolfe and Pocahontas thru the Bollings of Virgina and my wife is about 1/32 full blooded Creek
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