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View Full Version : Shipwrecked silver begins voyage back to Spain



Jolie Rouge
02-24-2012, 06:30 PM
By MITCH STACY | Associated Press – 5 hrs ago

TAMPA, Fla. (AP) — A 17-ton haul of silver coins, lost for two centuries in the wreck of a sunken Spanish galleon, began its journey back to its home country on Friday after the deep-sea explorers who lifted it to the surface lost their claim to ownership.

Two massive cargo planes — Spanish military C-130s — took off just after noon from a Florida Air Force base with 594,000 silver coins and other artifacts aboard. They were packed into the same white plastic buckets in which they were brought to the U.S. by Tampa, Fla.-based Odyssey Marine Exploration in May 2007. "These are emotional and moving moments for me and all my colleagues behind me," Spain's ambassador to the United States, Jorge Dezcallar de Mazar, said Friday. He stood on the windy tarmac at MacDill Air Force base behind the hulking gray planes, flanked by an entourage of more than two dozen Spanish officials and others.

"History will make us who we are, and today we are witnessing a journey that started 200 years ago," he said. "This is not money. This is historical heritage."

The C-130s lifted off into a clear sky minutes apart from a MacDill runway as a bank of news cameras and a group of reporters observed from the tarmac. Inside, the buckets of coins were secured to pallets with plastic wrap and strapped into the rear cargo holds. Before their departure, the planes were guarded by armed American service members.

The planes were set to land in about 22 to 24 hours at one of two air force bases in Madrid, and were set to make two refueling stops during the high-security operation, the ambassador said.

Odyssey made an international splash when it discovered the wreck, believed to be the Nuestra Senora de las Mercedes, off Portugal's Atlantic coast near the Straits of Gibraltar. At the time, the coins were estimated to be worth as much as $500 million to collectors, which would have made it the richest shipwreck haul in history.

The Mercedes was believed to have had 200 people aboard when it was sunk.

Spain went ahead with transporting the treasure despite a last-ditch, longshot claim to the treasure by Peru.

On Thursday, the Peruvian government made an emergency appeal to the U.S. Supreme Court seeking to block transfer of the treasure to give that nation more time to make arguments in federal court about its claim to being the rightful owner. But that appeal was denied Friday by Justice Clarence Thomas.

Peru had argued the gold and silver was mined, refined and minted in that country, which at the time was part of the Spanish empire. U.S. courts had previously rejected claims by descendants of the Peruvian merchants who had owned the coins aboard the Mercedes.

Odyssey — which uses a remote-controlled submersible to explore the depths and bring the tiniest of items to the surface — had previously argued that as the finder it was entitled to all or most of the treasure. The Spanish government filed a claim in U.S. District Court soon after the coins were flown back to Tampa, contending that it never relinquished ownership of the ship or its contents. A federal district court first ruled in 2009 that the U.S. courts didn't have jurisdiction, and ordered the treasure returned.

Odyssey had argued that the wreck was never positively identified as the Mercedes. And if it was that vessel, the company contended, then the ship was on a commercial trade trip — not a sovereign mission — at the time it sank, meaning Spain would have no firm claim to the cargo. International treaties generally hold that warships sunk in battle are protected from treasure seekers.

Odyssey lost every round in federal courts trying to hold on to the treasure, as the Spanish government painted them as modern-day pirates plundering the nation's cultural heritage. In a court hearing Feb. 17, the company was ordered by a federal judge to give Spain access to the treasure this week to ready it for transport. Odyssey said it would no longer oppose Spain's claims. Meanwhile, the court also ordered that Odyssey had to turn over some coins and other artifacts that are still in Gibraltar.

The company has blamed politics for the courts' decisions since the U.S. government publicly backed Spain's efforts to get the treasure returned. In several projects since then, Odyssey has worked with the British government on efforts to salvage that nation's sunken ships, with agreements to share what it recovers. Company officials said the ruling against them may lead to other deep-sea explorers refusing to share information about their claims with governments. They declined to comment further Friday,

Odyssey has said in earnings statements that it has spent $2.6 million salvaging, transporting, storing and conserving the treasure. But it is not expected to receive any compensation from the Spanish government for recovering it because the European nation has maintained that the company should not have tried to do so in the first place. "I would expect that the companies would respect historical heritage and respect the law of the sea," Dezcallar de Mazar said. "And the law of the sea states that no matter how (much) times goes by, a sunken man-of-war belongs to the flag."

In Madrid, the Spanish Culture Ministry recently said the coins are classified as national heritage and — as such — must stay inside that country, where they will be exhibited in one or more Spanish museums. It ruled out the idea of the treasure being sold to ease Spain's national debt in a country grappling with a 23 percent jobless rate and a stagnant economy.

http://news.yahoo.com/shipwrecked-silver-begins-voyage-back-spain-173424364.html


comments

Oh a great day indeed. The Spanish have proved to the world exactly what history has taught us. That they are too stupid and lazy and to do any hard work themselves and that they find it is far easier to steal from others.The judge in this case is also an idiot. He basically just told all salvagers that rare lost treasures are worth nothing more than scrap metal prices and should be melted down into bars prior to bringing them ashore. Way to go #$%$Oh it is a historic day! The lost treasure the Spanish stole from somewhere else will be returned to them and all they had to do was wait 200 years for someone else to do all the hard work.

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American ingenuity,drive,knowledge,dedication and honesty used to locate forgotten/stolen wealth from a merchant ship? Spain behaves as if they are STILL COLONIZING THE WORLD! let's take a little inventory on the government of SPAIN- my family had a spanish land grant but do you think SPAIN would stick up for me in court? SPAIN IS ONE SCREWED UP FASCIST STATE! they had a full fledge fascist government until 1975, long after Hitler had turned to dust. How dare the government of Spain think they have the right to apply UNIVERSAL JUSTICE to try war criminals in Den Haag International Criminal Court as they have accused George W. Bush for way crimes! that Spanish government continues to behave as if it were still an imperialistic, ruling monarchy of the western hemisphere! now they accuse the crew and captain of the treasure trove ship that they should have left the peruvian silver on the bottom of the sea but then when found they want it all??Spain, robbed from native Peruvian Indians and believe me, we all know the Spanish raped, beat,killed and brought disease and nothing but misfortune down upon the native Peruvian Indian tribes to steal THEIR SILVER!...Spain has robbed the Peruvians and also the crew who found the treasure and they will not even reimburse either one of the parties who deserve reparation and reimbursement! well, all i can say is...i would never want a Peruvian #$%$ off at me! Next time i wouldn't say a word if i found lost treasure until i had paid myself back for the expenses to find it

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It sank 200+ years ago. How many Govt's has Spain had in that time? I know International law says that a warship remains the property of it's government forever. But what government? The King? The Fascists? Who? This things been rotting for 200+ years and someone finally went to the effort, and expense to find it and salvage it. The current government of Spain has no connection to it, and Peru is just plain #$%$ in the wind. Why are those who sweat blood to accomplish something robbed of the results of their efforts because of an outdated, propriatary interest law that has no foundation in the modern world?

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The Spanish rape of the Americas is still going on? This silver belongs to the countries it was stolen from 200 years ago by real desperado's who caused the death's of countless native people. Where is the fairness in this verdict?



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Jolie Rouge
04-02-2012, 08:35 PM
Battle for sunken treasure reaches Gibraltar
By Roland Lloyd Parry | AFP – 17 hrs ago

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A court battle over treasure from an old Spanish shipwreck has reached Gibraltar, where descendants of the sunken cargo's owners are fighting to win back part of the booty from Spain. The British-administered territory has been drawn into a tangled squabble between Spain, US treasure hunters and the Latin American descendants, in a case harking back to the days of the Spanish empire.

Mathilde Daireaux Kinsky, an Argentinian who lives in Colombia, says part of the cargo of the Nuestra Senora de las Mercedes, sunk by the British in a sea battle in 1804, belonged to her ancestor Diego de Alvear y Ponce de Leon. A Spanish general in the colonies at the time, he was not on board himself but lost his wife and seven of his children along with his precious coins in the shipwreck, Daireaux told AFP. "We are not doing this for the money. We are seeking respect for the memory of our family members who died on board the Mercedes," said Daireaux, 49, one of six descendants claiming the treasure in the Gibraltar courts.

Odyssey Marine Exploration, a company that specialises in salvaging deep-sea wrecks, hauled the treasure -- mainly gold and silver coins mined and minted in the former Spanish colonies -- from the seabed off Portugal in 2007. It transported most of the treasure via Gibraltar, a sunny British enclave at the mouth of the Mediterranean, to Florida, where the company is based.

A court in Florida last month let the Spanish government claim this share -- 23 tonnes of silver coins and other items, worth 350 million euros ($470 million) -- and fly it back to Madrid. But several hundred more silver coins were left behind in a crate in a Gibraltar customs house, where they were blocked pending Spanish legal efforts to claim them, says Daniel Feetham, a lawyer acting for the descendants. "The descendants have issued a claim in the Supreme Court of Gibraltar and there is an order from the court here preventing these coins from being taken out of the jurisdiction," said Feetham. "We do not envisage a hearing for some time."

Spain is demanding that the coins in Gibraltar be handed to Madrid too as national heritage. "A lot of people wrongly think that these goods are important because it is money. No, this is all Spanish historical and cultural heritage," said a source in the culture ministry who asked not to be named. "Our wish is that as many people as possible be able to enjoy it."

The US courts ruled that all the treasure belonged to Spain under sovereignty laws, but the claimants insist the ship was on a commercial mission carrying their ancestors' property. "There is a lot of case law that says that where a sovereign ship is travelling on a commercial mission, the cargo is not subject to the principle of sovereign immunity," said Feetham.

To claim the last of the treasure, Spain would have to fight for it in a Gibraltar court, a prospect complicated by diplomatic sensitivities between London and Madrid.

Spain ceded Gibraltar to Britain in 1713 but has long argued it should be returned to Spanish sovereignty. Britain refuses to renounce sovereignty against the wishes of Gibraltarians.

Odyssey says it is being prevented from handing over the last coins in Gibraltar to Spain because Madrid blocked them from being shipped to the United States in the first place. "We have been attempting to organise the release of these artefacts to Spain in compliance with the Florida judge's order, but the situation is very complicated," a spokesperson told AFP. "The case lodged by the descendants has added another layer of complexity. Odyssey has always acted legally and will do everything possible to abide by any court's orders."

Two centuries after the British navy sunk the ship, drowning their ancestors along with the treasure, the descendants are pinning their hopes on a court on the British territory, said one Colombian claimant, Rafael Mariano Fernandez De Lavalle. He says Spain never made good on promises to compensate his ancestor, Jose Antonio De Lavalle y Cortes, who lost hundreds of silver coins he had sent to Spain aboard the Mercedes. "We will fight in Gibraltar to our last breath and we have faith in its justice system," Fernandez De Lavalle said. "Contrary to what people in Spain might think, this case is not over."

http://news.yahoo.com/battle-sunken-treasure-reaches-gibraltar-041439162.html

comments

When will Spain re-compensate the countries of South America for all the gold it stole from them?

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You know what Odyssey Marine Exploration should have done after that #$%$ bag judge in Florida ruled that Spain, who did nothing to recover it after 200 years, gets to have it all? They should have dumped it all back into the sea!!!!!!

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Sunk in 1804? Spain ain't got no claim. The salvers have it. They found it. Risked their lives to bring it up. Spain, as usual, is simply sucking off the explorers.

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The Spanish parasites still harvesting from the destruction, rape, murder and other heritage they left for us the south American people shame on them!!!

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The Odyssey crew found that treasure in international waters and were thrown under the bus by the U.S. Government for the return of stolen WWII art treasure. Look it up...phuqing travesty...

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I agree with Thomas where did the gold come from? Who did Spain steal it from? On their quest to illegally own and occupy countries while killing, raping the citizens of South American countries it took the treasures f these people. If the money doesn't go to the people who found it it should go back to the people who owned it before Spain stole it.

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Wow, sunk in 1804, salvaged in 2007. Only 207 years! It's a good thing all claimants got their petitions in before the statute of limitations ran out!

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I don't hear much about compensating the salvage team who must have spent hundreds of thousands to recover it. How does our wonderful government decide they should not get ANY part of it?! Certainly there should have been a recovery fee imposed!

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The treasure must be returned to Spain's former colonies from where it was looted. Not to the descendants of colonial masters who undoubtedly cheated and oppressed the natives.

Jolie Rouge
05-15-2012, 05:32 AM
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Who gets to keep shipwreck treasure? Supreme Court declines Spain case

Lower courts ruled that $500 million in coins that US treasure hunters had recovered belongs to Spain. The Supreme Court turned away the salvagers’ appeal Monday.
By Warren Richey | Christian Science Monitor – 18 hrs ago.

The US Supreme Court on Monday declined to take up the appeal of American treasure hunters who were forced earlier this year to surrender $500 million in silver and gold coins they recovered from the wreck of a Spanish warship 3,000 feet deep in international waters.

The high court took the action without comment.

A federal judge in Tampa, Fla., and the Eleventh Circuit Court of Appeals in Atlanta ordered Odyssey Marine Exploration Inc. of Tampa to surrender the coins and other artifacts to Spain.

The courts ruled that the recovered cargo had come from the Spanish frigate Mercedes, which exploded and sank in 1804 while returning from South America. The ship’s remains and its cargo were the sovereign property of Spain, the courts said.

Urging the high court to take up the case, lawyers for Odyssey Marine argued that Spanish sovereignty did not apply to the coins and other artifacts because Spain was not in possession of the cargo. The lawyers also argued that 75 percent of the recovered cargo had been privately owned and was merely being transported by the warship at the time it sank. The case made headlines in February when the 17-ton treasure was loaded onto two Spanish Air Force cargo planes at a military base near Tampa and flown to Spain.

Madrid’s ambassador to the United States said the operation was completing a military delivery two centuries overdue. The coins and artifacts are being cataloged and will be displayed in museums, according to the Spanish government.

Since the salvage operation began in 2007, Odyssey Marine spent an estimated $2.6 million recovering the cargo. Spain has offered the company no compensation.

Melinda MacConnel, a lawyer with Odyssey Marine, said in her Supreme Court brief that the lower-court decisions could endanger the future of marine archaeology. “This Court should address this nationally compelling issue because, with the advent of new underwater technology, more archaeological recoveries of shipwrecks and cargo are occurring around the world. With the Eleventh Circuit’s decision supporting them, foreign sovereigns without possession for hundreds of years will now conflictingly demand federal courts convey a salvage operator’s find to them,” Ms. MacConnel wrote.

“By the very nature and definition of a lost or sunken treasure, no party possesses it until recovery,” the lawyer wrote. But the appeals-court decision allows a foreign government to trump possession by claiming sovereignty over the sunken vessel and its cargo, she said.

There is no indication that Congress sought this outcome, MacConnel wrote.

Lawyers for Spain countered that the American treasure hunters desecrated a sacred burial site without the knowledge or permission of Madrid. Any artifacts recovered from the ship, they added, are an important part of Spanish history. “Citing the ‘sad loss of the Frigate Mercedes,’ King Carlos IV declared war on Great Britain,” Spain’s brief to the high court said. “Spain entered the Napoleonic Wars as an ally of France, launching a decade of conflict that included destruction of the Spanish Navy at the Battle of Trafalgar, French invasion of Spain and installation of Napoleon’s brother Joseph as King of Spain, war within Spain, and interdiction of Spain’s links to its overseas viceroyalties.”

The brief continues: “As one of Odyssey’s experts put it, ‘the loss of the Mercedes on October 5, 1804 was a pivotal event in the history of Spain and of the Spanish Empire more broadly.’ ”

Claims were also filed on behalf of Peru and 25 individuals who said they were descendants of those who died aboard or owned cargo on the ship.

The claims were rejected.

The Odyssey Marine project began in 2006, when the company decided to focus on an area heavily trafficked by European merchant ships in the 19th century. They discovered the cargo roughly 100 miles west of the Strait of Gibraltar, or about a day’s voyage from the port at Cadiz.

The company recovered 594,000 coins and filed a claim for the treasure in federal court in Tampa in April 2007. Odyssey said it had been unable to verify the identity of the ship. Lawyers for Spain argued successfully that it was the Mercedes.

The US government filed a friend-of-the-court brief in support of Spain’s claim. It cited a 1902 treaty in which sunken Spanish warships would be afforded the same sovereign protections that sunken US warships would receive in US courts.

The Mercedes sank on Oct. 5, 1804, during an encounter with the British Navy. The Mercedes was part of a four-ship group returning from Peru.

The British ordered the Spanish ships to go to England. After refusing, the warships engaged in what became known as the Battle of Cape St. Mary. The 34-gun Mercedes suffered a catastrophic explosion. The ship carried 337 individuals, and all but 50 died.

After the sinking, the three other Spanish ships surrendered and were escorted to England.

http://news.yahoo.com/gets-keep-shipwreck-treasure-supreme-court-declines-spain-173507766.html

comments

What a wonderful world. Give it back to the ruthless Spaniards who killed and plundered to get it? Why not give it back to the South Americans from whom it was taken? Oh, I forgot. This is the new old world order. Same idiots in charge.

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Moral of the story.... if you find it, keep silence, melt it down, sell it off in small quantities!

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So Spain gets to keep gold plundered from the Americas?

Ownership probably can't be directly related to anyone group....the salvors should get to keep their find.

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Investigtate the federal judge in Tampa to determine the possibility of an under the table check influencing his decision -- then remove him from office. Potential Corruption on the bench is worthy of scrutiny.

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Let me get this straight. Spain sails to Latin America and forcibly takes (steals) their gold and treasures. Ship sinks. 200 years later some people find it on the sea floor and all of a sudden it belongs to Spain?

In modern times this would translate like this: Man robs bank but looses the cash on the run for police. Someone else finds it and said robber sues him to get back the money and wins...

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Gold and silver stolen from South America is the booty of todays king of Spain. That was the reason they keep these royals around, to claim their bounties. In the meantime the king of Spain had to be taken by government jets from his boar hunting in Africa while 50 percent of his people are jobless. Closing schools, cutting the electricity to public buildings and last weekend handing 500 Billion euros to a bank so it could keep its doors open. This is what we live in today.

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Thank you OUR government for protecting OUR constitutional rights! We are a joke in the eyes of the world! And It's not us, It's OUR GOVERNMENT that's the JOKE!!

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the US courts should at least ordered Spain to pay the costs of recovery, but after this, if you find "treasure", do not declare it and sell it on the blackmarket and put the proceeds where it can not be touched...maybe Switzerland or your own treasure vault.