| Subject: |
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Re: Re: Re: Re: Re: Re: Salvage permits denied |
| Name: |
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Pat Clyne |
| Date Posted: |
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Dec 14, 06 - 3:29 PM |
| Website: |
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http://www.imacdigest.com/spainarticle.html |
| Message: |
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Bob, I’m slightly at a loss over the connection of the 1733 fleet, the Juno & La Galga and Hernan’ Cortes (who died in 1547). Yes, he owned quite a few ships in his day, but as I understood it the indigenous peoples under their “affirmative action” program glorifying Meso-American ancestors and shunting all Spanish conquerors reclaimed the bulk of his estate in Mexico. Are you revealing that you know of one (or more) of his ships that escaped carrying the ill-gotten “Treasures” of the new world and that it sunk in Florida waters? It would certainly explain your avid interest and would be the first I’ve heard of it- Congratulations! (if it’s in order).
It would, of course, also explain your concern of the law. So here is some more info that I hope might help. In the Juno/LaGalga cases you are correct- the 1902 treaty was basically re-affirmed and Sovereign Immunity was used as the basis for Spain’s claim. Also, the argument that the ship’s remains carried their “war-dead,” therefore no disturbances on the wreck should be allowed, unless, of course there was lots of gold in which case Spain wouldn’t find it as a ‘bone’ of contention (excuse the pun). That, along with the abandonment issues (express or implied) gave Spain and their US backers a slam dunk in the 4th Circuit.
Having said that and knowing what we know in the fourth circuit, we here in Florida have two things going for us that Virginia and Sea-Hunt did not.
1. Florida is in the 11th Circuit which historically protects the professional private Salvors who follow archaeological guidelines in their recovery methods.
2. And the best for last- Spain’s ambassador officially and “EXPRESSLY” abandoned their lost “Treasure Ships” in Florida in 1965.
(see "Spain Abandons her Shipwrecks" http://www.imacdigest.com/spainarticle.html )
All of this very much needs to be brought before and reaffirmed in our 11th Circuit Court so that WE in Florida can put to rest once and for all the question of who owns our Cultural Heritage. Spain or Us! Good luck Bob.
PS- Here's the "wild card" in the deck. Congress will shortly introduce wording into the SMCA (Submerged Military Craft Act) which will pretty much identify any ship Spain wishes to claim as theirs, as a Military craft. They will do this with impunity and without any regard to the livlihood of thousands of people working in this country's 2nd oldest profession. It leads me to believe that THEIR profession is indeed the oldest in the truest sense and description of that job title. |
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