4600) Did You Know Series (142): 1)Nuestra Señora de las Mercedes (Our Lady of Mercy in English, a title of the Virgin Mary) was a Spanish Navy frigate which was sunk by the British off the south coast of Portugal on 5 October 1804 during the Battle of Cape Santa Maria: 2) Salvaging the Gold and Silver coins worth $500 million: 3) The legal battle which was fought successfully by Spain:
Nuestra Señora de las Mercedes (Our Lady of Mercy in English, a title of the Virgin Mary) was a Spanish Navy frigate which was sunk by the British off the south coast of Portugal on 5 October 1804 during the Battle of Cape Santa Maria.
At the time of the naval action Spain and England were at peace with each other. The Spanish frigate was part of a small flotilla sailing from Montevideo (Uruguay) to Cadiz (Andalusia, Spain), transporting silver, gold, vicuña, cinnamon, and quinoa. The other ships in the flotilla were Medea, Santa Clara, and Fama.
The flotilla was intercepted by a Royal Navy task force, commanded by Graham Moore aboard HMS Indefatigable, and ordered to change course and proceed to a British port for inspection.
The Spanish commanding officer, brigadier José de Bustamante y Guerra (1759–1825) objected that the two nations were at peace, declared that they would not comply with the order, and ordered battle quarters, despite being outgunned and outnumbered. A single shot from HMS Amphion, commanded by Samuel Sutton, hit the ship's magazine, causing an explosion that sank the ship.
250 Spanish crewmen were lost, and 51 survivors were rescued from the sea and taken as prisoner. The other three vessels were interned in Britain. Her wreck has been compared with that of USS Arizona at Pearl Harbor, due to the loss of life and the battle leading to a declaration of war.
Salvaging the Gold & Silver coins which sank with the Ship:
In 2007 the company Odyssey Marine Exploration reported having found, at an undisclosed location, a very rich shipwreck code-named "Black Swan". Odyssey recovered almost 500,000 silver and gold coins from the wreck, and transported them to the United States.
Spanish researchers quickly identified the ship found by Odyssey with Mercedes and the Spanish government started a legal battle to halt what they considered was an act of illegal looting.
The approximate location of Mercedes was off Cape Santa Maria on the south coast of Iberia
A recovered cultural treasure" («El último viaje de la fragata Mercedes. Un tesoro cultural recuperado») from June to December 2014:
In 2015 the Spanish government commanded an archaeological expedition to study the shipwreck, which proved that Odyssey had damaged the remnants of the ship when extracting coins.
A US firm hauled up hundreds of thousands of gold and silver coins from a sunken Spanish frigate, then Spain fought through the courts and won back the estimated $500-million haul.
A US firm hauled up hundreds of thousands of gold and silver coins from a sunken Spanish frigate, then Spain fought through the courts and won back the estimated $500-million haul.
A very small number of coins and effects recovered from the ship were deposited in Gibraltar, because they showed clear signs consistent with an internal explosion on the ship and thus confirmed Spanish claims to the wreck being that of Nuestra Señora de las Mercedes.
These were not returned to Spain until 2013, when a court finally ordered Odyssey Marine to return the missing pieces.
On 2 December 2012 the 14.5 tons cargo of gold and silver coins recovered from the wreck was deposited in the National Museum of Subaquatic Archaeology in Cartagena (Murcia) for cataloging, study and permanent display.
José de Bustamante y Guerra was in command of a fleet of four frigates, Nuestra Señora de las Mercedes, La Clara, La Medea and La Fama, when they were intercepted by an English squadron on 5 October 1804
Spanish Naval Museum along with National Archaeological Museum of Spain showed the recovered treasure in the exhibition "The last trip of the frigate Mercedes".
The Legal Battle regarding the claims to the recovered coins:
Peru attempted to claim the treasure as being originally plundered by the Spanish.
However, a court case decided that the Spanish government was the rightful successor of interest because at the time of the wreck, Peru was considered a Spanish colony and not a separate legal entity, therefore it had no legal standing to be entitled to the proceeds of the lawsuit.
A U.S. federal court and a panel from the United States Court of Appeals for the Eleventh Circuit upheld the Spanish claim to the contents of the ship; Spain took control of the treasure in February 2012.
A notable judgment that influenced the protection of underwater cultural heritage initially began as one of the largest treasure recoveries in modern history.
In 2007, the Florida-based salvage company Odyssey Marine Exploration secretly recovered around 500,000 gold and silver coins from a shipwreck in the Atlantic Ocean under the codename "Black Swan".
Interestingly, the haul, which was estimated to be around $500 million, was originally presented without revealing the wreck’s identity.
According to Spain’s Ministry of Culture, subsequent investigations established that the treasure came from Nuestra Señora de las Mercedes, a Spanish Navy frigate which sank in 1804.
Following the investigation, Spain launched an international legal challenge, arguing that the wreck remained a sovereign warship protected under international law, a claim that was ultimately upheld by the U.S. courts.
The naval tragedy that reshaped history:
According to the National Museum of Underwater Archaeology (ARQUA), Nuestra Señora de las Mercedes was built in Havana in 1786 and was part of a convoy on a commercial route between Spain and its overseas American territories.
According to El País, in October 1804, the frigate carrying silver and gold coins, commercial goods and passengers back to Spain was attacked by a British squadron near Portugal.
It is worth noting that the attack came while Britain and Spain were not formally at war. Historians say a cannon shot detonated the ship’s powder magazine, causing a catastrophic explosion that sank the vessel with Spanish passengers aboard. Notably, historians regard the attack as one of the events that pushed Spain into the Napoleonic Wars against the British.
Nuestra Señora de las Mercedes' recovery triggered an international legal battle:
A Model of the Spanish Frigate Nuestra Señora de las Mercedes (Our Lady of Mercy in English, a title of the Virgin Mary).More than two centuries later, Odyssey Marine Exploration recovered the wreck using remotely operated underwater vehicles and transported the recovered fortune to the United States.
According to Spain’s Ministry of Culture, the company announced the discovery in 2007 but did not reveal the ship’s name or exact location.
Spain then filed suit in U.S. federal courts, arguing that Nuestra Señora de las Mercedes was a sovereign-immune military vessel whose remains and cargo could not be legally salvaged for commercial purposes.
The legal dispute drew international attention as it tested whether historic naval wrecks should be treated as archaeological heritage rather than treasure.
Ultimately, the courts sided with Spain, as the U.S. Court of Appeals for the Eleventh Circuit noted that the frigate remained protected by the doctrine of foreign sovereign immunity and by the longstanding agreements recognising the ownership of state vessels.
Therefore, Odyssey was ordered to return the recovered coins and artefacts.
The recovered fortune was flown back to Spain in 2012 by two Spanish military aircraft after nearly five years of litigation.
It is worth noting that the ruling has since become a significant legal precedent for protecting underwater cultural heritage from commercial exploitation.
Following the legal win, Spain chose to preserve the recovered cargo as an archaeological archive.
According to ARQUA, the treasure is undergoing long-term conservation, documentation and scientific research to understand the ship’s final voyage better.
In 2019, UNESCO recognised the Mercedes Project as a best-practice example in the protection of underwater cultural heritage, as it combined international legal cooperation and public education.
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Santosh Khanna has commented: ·
ReplyDelete"Thanks for sharing this informative post."
Thank you so much, Khanna sahab..
DeleteRajan Trikha has commented:
ReplyDelete"Very informative and detailed post."
Thank you so much, Trikha sahab.
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