[Pontiac]

This makes no sense! Over 200 years ago in international waters?

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.

[centurion316]

The other argument is that the cargo in this case was privately held and merely being transported aboard a naval vessel as freight. Admiralty courts have held that soverign immunity does not apply in such cases.

Of course, since Odyssey Marine won’t admit that the treasure comes from the Nuesta Senora de las Mercedes, then that line of argument is a little problematic.

The treasure almost certainly came from the Mercedes, which sunk when intercepted by British frigates. These frigates captured the other three treasure ships as they been ordered to do by the Admiralty. However, since Britain was not yet at war with Spain (war was declared shortly thereafter), the crews were denied their rightful prize money and the treasure from the captured vessels reverted to the British crown. Odyssey Marine can join those British Tars crying in their beer.

[b359]

That’s why I love this forum. I was frothing with anger when I read the article until I read your posts. I now understand the ruling. I may not agree, but understand. Thanks!

[Travis McGee]

I guess that means "Aztlan" has to go back to Spain, eh? What about the "Spanish Land Grants" in the Southwest?

This ruling is asinine. To start with, the Spanish were transporting STOLEN PROPERTY, so if it should "go back" to anybody, it sure shouldn't be the thieves!

By the same logic, we would have to untangle every disputed property case going back to Cro-Magnon's taking the caves from Neandertals.

This ruling is nothing more than a "government protection racket," putting the found treasure into government coffers, and keeping it away from private hands.

And without those private hands, the Spanish govt would not benefit by even one single piece of eight.

The Spanish stole the gold centuries ago, and they are stealing it again today.

And that's a pretty good record for "legal theft!"