| Subject: |
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Re: Re: Re: Re: Re: Salvage permits denied |
| Name: |
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Bob Ward |
| Date Posted: |
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Dec 14, 06 - 1:14 PM |
| Email: |
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drake@newportnet.com |
| Message: |
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Pat,
I am aware of the cases you mention. I think there are still some gaps in the ruling and the wording of the 1902 Treaty between the US and Spain, which formed the basis of the SeaHunt ruling. In particular there is the question of whether Spain has the right to wrecks of ships that were not actually owned by Spain, but were privately owned ships that formed part of the treasure convoys.
The 1902 Treaty recognises the existence of both State owned and privately owned ships, but the principal that both require a specific abandonment standard would seem to apply to both. The Juno and LaGalga were both owned by Spain, but I suspect that a lot of the ships that transported goods and treasure between the New World and Spain were not owned by the Government, but mwere simply working under contract to Spain. My reading of the Treaty would be that these ships would not belong to Spain, but to the legal heirs and successors of the private owners, in the same way as wrecks of ships that were privately owned and were sailing independent of Spain belong to the successors of those private owners. Although the Treaty defines Spanish ships as ships sailing under the Spanish flag and with the proper paperwork, that does not, to me, define the ownership, only that the wreck of such a ship would be covered by the 1902 Treaty.
I have studied the question with some interest because I happen to be the personal representative of the current heir to Hernan Cortes, who, along with his successors, owned quite a few ships. However, I am not an attorney, and of course could not possibly second guess what an US Federal Court might decide when called on. It would be interesting if somebody approached a court for permission to salvage a Spanish wreck that had been privately owned but carrying goods for Spain. Incidentally, I think that the 1902 Treaty would take precedence over any issue about whether the wreck was embedded in State waters or in a Federal Park area.
Bob Ward |
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