Posted on 12/26/2009 12:34:43 AM PST by tlb
You're right of course.
They should put it back then.
If this is not the most insane, asinine, legal ruling I've seen in my 66 years--and I've witnessed plenty--it at least is in the top 10.
Carrying this IDIOT, MOONBAT, Judge's contrived legal opinion to the extreme, anyone finding a $20 bill--or even a quarter--on the ground or elsewhere, would be legally bound to return it to its rightful owner (Uncle Sam) even if said legal tender, was discovered outside the US controlled borders or waters.
UN-Frikkin believable!!!
“This is going to appellate and, if necessary, the Supreme Court.”
I wonder how the “wise Latina” will rule ?
If this is not the most insane, asinine, legal ruling I've seen in my 66 years--and I've witnessed plenty--it at least is in the top 10.
No it is not.
The law is intended to discourage scavengers from looting war graves.
Do you want salvage divers sifting through the wrecks at the bottom of Pearl Harbor?
After reading Post 15 it may not be a perfect fit to this wreck but it is a good law.
Finders keepers. District Judge should walk plank yeasterday and be ignored.
It gets me to wondering if Judge Steven Merryday has had some ‘private conversations’ with someone in Spain about this case.
With even one percent of the recovered amount for Spain could be enough to retire on very nicely.
anglian wrote: “Who has confirmed that it is the Spanish warship Nuestra Senora de las Mercedes?”
..... Being a naval history buff, I’ve been following this story since it appeared over the summer. Given the locale of the search and the quantity and dates of the recovered coins, it is almost certain that the wreck was that of the Nuetra Senora de la Mercedes. This vessel was one of a squadron of four frigates of the Spanish navy transporting a large cargo of treasure to Spain from Montevideo. The squadron was intercepted at sea on the morning of 3 October 1804 (at which time England and Spain were officially at peace) by four British frigates about 27 miles from Cape Sta Maria on the Spanish coast. In the ensuing battle, the MERCEDES suddenly blew up and sank after about ten minutes of fighting. The remaining Spanish frigates FAMA, MEDEA, and CLARA were captured by the British and carried back to England.
According to the “Naval History of Great Britain” by William James:
“The cargoes of the three captured frigates, consisted of Vidona wool, cascarilla, ratinia, seal-skins, seal-oil, bars of tin, pigs of copper, dollars, and ingots of gold, and netted very little short of a million sterling. Therefore, as the Mercedes was similarly freighted, the total value of what had been shipped on board the squadron probably amounted to nearly a third of a million more.
Note: the above assessment of cargo value was made in the early 19th century.
The attorneys for the salvors have a quite valid argument that much of the cargo was not in fact the property of the Spanish government, but private property. My personal opinion is that, having made no attempt on their own to recover this cargo sitting 27 miles from their shore over the intervening period of 205 years, the Spanish government at the very least owes a VERY substantial finder’s fee. But the law pertaining to such matters is both murky and capricious: perfect waters for the legal sharks.
Peru’s venal coattail claim is perfectly laughable, considering that Peru did not even exist as a nation at the time of the loss.
- - -
I hope everyone had a happy Christmas. Best wishes to us, one and all, for a good New Year.
>>> Remember November <<<
NoLibZone wrote: “They should put it back then.”
..... There would be a certain perverse justice in that.
It should be *find treasure*--*put treasure into pocket**--go home with treasure** and screw anyone that wants to steal it fron you....
I can potentially see a booming business in boat portable gold smelting furnaces in the future if this stands.
Once the gold is cast into bars, no one will be able to prove where it came from. Sure you lose the historical value, but gold is gold and a good find could still net a tidy profit.
Have you had any dealings with the IRS lately. They tell you how much you owe them and even if you prove that what they say you owe is more than you make in 4 years they will seize all of your assets until you pay what they, arbitrarily, say ids theirs. It is clear that government sees all funds as theirs and only through their benevolence is anyone allowed to keep some scrap from the government table.
I thought the emancipation act was supposed to stop this but I guess slavery is only OK when the government does it.
OK, the next time anyone finds a Roman wreck, I guess the finds belong to the government of Italy...
Yup you nailed it!
The next big find will be kept private. No press. F em!
This ruling means that in the future, wrecks found in international waters will be secretly looted, with the cargoes sold off on the international collectors’ market with no publicity, instead of being explored by archaeologists. Vital chapters in human history will now remain unwritten.
I would not infect my buttocks by wiping it with a lawyer’s face. May all of these blood sucking maggots rot in gehenna forever.
....abandoned propriety!
If the Little Red Hen had been sued by all the other farm animals, this judge would have made her give up her bread to them.
In this “let’s be fair” generation. Let’s give Peru who lost it 25%. Spain who transported it 25%. The British who sunk it 25%. And the treasure hunters who found it 25%.
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