Origin of name
The Atocha Emeralds refer to the Emeralds originally of Muzo and Chivor
origins in Colombia, which were re-discovered from the high profile
shipwreck of the Spanish treasure galleon, the "Nuestra Senora de Atocha"
which sank in a hurricane off the coast of Florida on September 6, 1622,
about 35 miles (56 km) west of Key West. The ship derived its name from the
Parish of "Atocha" in Madrid, Spain. In fact, the "Atocha" was only, one of 28
ships that constituted the Spanish treasure fleet, Tierra Firme, that left
Havana for Spain on September 4th, 1622. The holds of the ships carried the
wealth of an Empire, consisting of gold and emeralds from Colombia, silver
from Peru and Mexico, pearls from Venezuela, and gemstones from Brazil.
However, the most richly laden of all the ships was the "Atocha" whose
astonishing cargo consisted of 125 gold bars and discs, 24 tons of silver
bullion in the form of 1038 ingots, 180,000 pesos of silver coins, and
dozens of chests of emeralds and other gemstones. The main reason for this
extraordinarily rich cargo in the Atocha, was because the ship was actually
a military escort vessel, that carried a company of 82 infantry men, whose
main duty was to defend the fleet from attack by pirates, both private and
enemy-government (British) sponsored, so common in the Caribbean, making it
the ship of choice for wealthy passengers as well as their precious cargo.
Among the passengers in the ship were not only Spanish sailors and soldiers,
but also statesman, clergy, wealthy citizens, and some slaves.
Characteristics of the Atocha Emeralds
The total weight of emeralds carried by the "Nuestra Senora de Atocha" in
several chests was estimated to be around 60-70 pounds (27-32 kg),
equivalent to 135,000-160,000 carats. Out of this only around 6 pounds (2.7
kg) of emeralds have been re-discovered, equivalent to about 13,500 carats.
This represents about 6,000 uncut rough emeralds. Thus a vast quantity of
rough emeralds yet remain to be recovered from the shipwreck. The difficulty
in recovering the emeralds was due to the disintegration of the original
chests that contained the gemstones, that was responsible for scattering
them over a wide area of the ocean bed. This necessitated the
compulsory dredging of the ocean floor, bringing out the sand, shells and
other muck, on to the deck, where a careful search had to be made for the
green emeralds.
The largest emerald recovered on display at
the Mel Fisher Maritime Heritage Museum in Florida
The largest emerald recovered so far weighed 78 carats, and is on display at
the non-profit Mel Fisher Maritime Heritage Museum, in Key West,
Florida. This is an exceptional
hexagonal emerald crystal, having a herbal green color that has been traced by experts to the Muzo mine in
Colombia. An "Atocha" emerald was subjected to scientific analysis determining
the oxygen isotope value, that corresponded with oxygen isotope values of
Colombian emeralds, confirming their Colombian origin.
A 12.72-carat cut and polished emerald valued
at $250,000
Another remarkable
emerald that was recovered was the 26-carat rough emerald, that was cut and
polished by master gem-cutter and polisher Meg Berry, a champion bicyclist
and former employee at Pala International, who is now a full time gem
cutter, polisher and carver. Meg Berry, who had won several awards at
gem-cutting competitions, and has over 18 years experience in gem-cutting
and polishing, transformed the 26-carat rough emerald into a 12.72-carat
glittering gem, loosing only about 50% of the original rough stone, whereas
in cutting emeralds the usual weigh loss is around 60%. The cut and polished
emerald is said to be worth around $250,000, and is the property of Deo
Fisher, the wife of treasure hunter Mel Fisher, whose Salvors Inc. was
responsible for locating the site of the 363-year old "Atocha" shipwreck in
1985, after a search of 16 long years.
A 6.79-carat hexagonal emerald crystal
transformed into a 2.08-carat exceptional quality emerald
Yet another hexagonal-shaped short
emerald crystal weighing 6.79 carats, was transformed by the cutters and
polishers of Pala Gems International, into a 2.08-carat exceptional quality
cut and polished emerald, with good clarity and transparency and dimensions
of 7.92 x 7.66 x 5.47 mm.
The Emerald Cross recovered from the Atocha
shipwreck on display at the Mel Fisher Maritime Heritage Museum in Florida
Another outstanding recovery from the "Atocha" shipwreck was the Spanish style
elaborate emerald cross, set with seven cut and polished emeralds, which is
now on display at the Mel Fisher Maritime Heritage Museum, in Key West,
Florida. The largest emerald on this cross is the hexagonal-cut emerald at
the bottom of the cross. Just above this is a pear-shaped emerald, followed
by the longest rectangular-shaped emerald. The center of the cross is
occupied by a square-shaped emerald, followed by the smallest emerald in the
cross, a rectangular-shaped emerald, at the top. On either side of the central
square-shaped emerald are two similar rectangular-shaped emeralds of equal
dimensions, on the horizontal arm of the cross.
The source of the Atocha Emeralds
Most of the Atocha Emeralds seem to have originated from the ancient Muzo
mines, situated at the northwestern end of the NW-SE emerald belt, in the
"Cordillera Oriental" region of the Colombian Andes mountains, as revealed
by the latest oxygen isotopic studies on samples of the retrieved emeralds.
After conquering the Chibchan Indians in 1537, which led to the discovery of
the Somondoco (Chivor) mines, the Spanish tried to subdue the warlike Muzo
Indian tribe living further northwest from the Chibchan valley, but failed
miserably due to strong resistance by the Muzo Indians, which thwarted any
attempts at conquering for the next 20 years. In 1555 the Spanish managed to
subdue the Muzo Indians partially, but it took them several decades more to
subjugate them completely. Attempts to trace the ancient emerald mines of
Muzo proved unsuccessful as the Indians had covered up any evidence of
mining activity and adopted a policy of non co-operation towards the
Spanish. Only in the year 1594, were the Spanish finally successful in
locating the original Indian workings, close to the site of the present day
Muzo mines.
The Spanish started mining operations immediately and during the
first 15 years large quantities of high quality Muzo emeralds were
discovered from these mines. Subsequently, due to the combined effect of a
multitude of unfavorable factors, such as cruelty and maltreatment of
workers, long working hours and imposition of compulsory labor, which led to
a rapid depopulation of the area, production declined rapidly. But
production at the Muzo mines never came to complete halt in the 17th
century, like the Somondoco
(Chivor) mines, which were closed down by royal decree in 1675, due to
unbearable cruelty inflicted on the indigenous Indian workers. Only in the
mid-18th century production in the Muzo mines did come to a complete standstill,
due to a disastrous fire, and the mine was totally abandoned and resumed
production only after Colombia gained independence from the Spanish in 1819.
In the year 1622, when the Atocha was loaded with emeralds and gold from
Colombia, and the period immediately preceding that year, the Muzo
mines were in active production, and this explains the provenance of the
emeralds recovered from the 363-year old shipwreck.
Characteristics of Muzo emeralds
1) Muzo emeralds have a deep herbal-green color.
2) The clarity and transparency of Muzo emeralds is quite good due to the
scarce presence of gardens and inclusions.
3)They contain three phase inclusions with gas, fluids and crystals of
halite.
4) They also contain inclusions of calcite and yellow-brown needles of
parisite.
5) Muzo emeralds have a slightly higher specific gravity (2.71) than Chivor
emeralds (2.69).
6) They also have a slightly higher refractive index for the extraordinary
and ordinary rays than Chivor emeralds. For Muzo emeralds R. I.e
= 1.578 and R. I.o = 1.584. For Chivor emeralds R. I.e= 1.571 and R. I.o=
1.577.
7) Muzo emeralds are found in calcite veins that invade
black shale, but Chivor emeralds are found in quartz, albite or apatite
veins that invade a gray calcareous shale.
History of the Atocha emeralds
Spanish colonization of the New World
Christopher Columbus discovers the New World
Christopher Columbus' first journey to discover a westward route to India,
the land of spices, which he hypothesized would be shorter and direct than
the overland route through Arabia, was sponsored by King Ferdinand II and
Queen Isabella of Spain. Columbus started his voyage from the small town of
Palos in southwestern Spain, on August 3, 1492, with a small fleet of only
three ships, a larger carrack (three or four-masted sailing ship) called the
Santa Maria, and two smaller caravels ( two or three masted-lateen
rigged-ship). After a five week long journey, he first set foot on the
Islands of Bahamas, on October 12, 1492. He then landed on the northeast
coast of Cuba on October 28, 1492, and reached the northern coast of
Hispaniola (Haiti) on December 5, 1492, where his ship Santa Maria ran
aground and had to be abandoned. Columbus left some of his men in Haiti and
returned to Spain with some native Indians on March 15, 1493. He reported
the discovery of new lands to the king and queen of Spain, and presented the
natives at the royal court. The news of the discovery of new lands rapidly
spread across Europe, and sparked off a land rush of unparalleled
proportions in the history of mankind, mainly among the Europeans powers of
Spain, Portugal, Britain and to a lesser extent France.
Christopher Columbus
Subsequent trips by Christopher Columbus and
the colonization of new lands by the Spanish
Subsequent to this successful maiden voyage, Columbus took part in
three more voyages, each time the number of ships in the fleet increasing in
number, carrying thousands of Spaniards across to the newly discovered lands
and colonizing them. Initially, Columbus colonized the Caribbean islands of
Haiti (Hispaniola), Cuba, the Dominican Republic, Puerto Rico, Jamaica,
Cayman Islands, Trinidad and the Bay Islands, new territories discovered by
him during his voyages. Columbus was appointed as the governor of these
newly discovered territories. Using the Caribbean Islands as a springboard,
the Spanish then sent expeditionary forces under the command of different
Spanish Conquistadores, to mainland North, Central and South America,
to colonize these lands. Eventually, lands colonized by the Spanish Empire
in the American mainland, included the whole of Central America, most of
South America, and a significant part of North America, which included
Mexico and central and southern parts of present United States. Being
the first country in Europe to discover the New World, and the first
European power to send hundreds of thousands of its citizens across to the
New World, the Spanish eventually ended up as the European power that
controlled the largest extent of territory in the New World.
Economic benefits of the colonization
The economic benefits of the colonization of the New World by the Spanish,
was overwhelming, propelling the nation to a super power status in the 16th
to 18th centuries. This was largely due to the valuable natural resources of
this region such as gold, silver, copper, emeralds, pearls and other
gemstones, being exploited by the Spanish, using forced Indian labor, and
sending them to Spain across the Atlantic in large fleets of ships. Besides,
the Spanish also utilized the vast extent of lands available in countries
under their control, to cultivate cash and food crops, such as tobacco,
coffee etc. that were in demand back home in Spain and other European
countries.
With large scale mining and agricultural activities and exports to
Spain, large urban centers and port cities also developed very rapidly. Some
of the major cities that were founded by the Spanish, included Portobello in
1502, Havana in 1515, Vera Cruz and Panama City in 1519, Mexico City in
1521, Cartagena in 1533, Lima in 1535, Bogota in 1538, and Potosi in 1545.
The establishment of these cities preceded the main cities of Boston,
Philadelphia and New York of colonial North America by at least 50 years.
The ill-effects of colonization
Colonization throughout the ages had been disadvantages and produced serious
ill-effects on the indigenous populations, be it in Africa, Asia or the
Americas. The colonialists whose main motive for colonization was the
plunder of the natural resources of a country, stopped short at nothing in
achieving their aims, including the enslaving of people, inflicting cruel
punishment on the people such as the cutting off of parts of the human body,
such as hands, legs, noses and ears, and sometimes even committing mass
murders, in order to instill fear into the indigenous populations, to make
them subservient to their commands. All colonialists whether they were
Spanish, British, French or other Europeans had been guilty of such inhuman
practices in the past during the colonial domination of countries of Africa,
Asia or the Americas. Among the Spanish conquistadors who undertook
expeditions to subjugate land of the New World on behalf of the Spanish
Crown, everyone of them including Christopher Columbus himself had been
guilty of committing large scale atrocities against the indigenous
populations.
Besides the enslaving of peoples, inflicting inhuman punishment, and
plundering the natural resources, the colonialists were also responsible for
the destruction of ancient civilizations in the countries which they
colonized. Thus the Spanish were responsible for the destruction of the
ancient Maya, Aztec and Inca civilizations of Mesoamerica and South America,
by forcing the indigenous populations to adopt western ways of life and
their religion.
How resources from far-flung colonies reached
Spain?
Valuable resources produced by the Spanish
colonies
Spain had far flung colonies in the Caribbean, Central, North and South
America, and the Philippines in the far east (administered as a province of
Mexico aka New Spain). Some of the valuable products
produced by these colonies include, silver and gold produced at the world's
richest silver mine in the mountains above Potosi in Peru, Emeralds from the Muzo and Chivor mines, high up in the Andes in Colombia, in addition
to gold also from Colombia, pearls from Venezuela, gold and silver from
Mexico, China silk and porcelain were brought from Manila in Philippines,
Indigo and other agricultural products came from Honduras and other Central
American countries. The Spanish also set up mints for producing silver coins
in four major cities. These are Mexico City, Lima, Santa Fe de Bogota, and
Potosi, and the coins produced in these mines were also transported to
Spain.
Havana, the nerve center of the maritime
transport system
Havana in Cuba became the nerve centre of the maritime transport system
devised by the Spanish colonialists, through which all products originating
from their far flung colonies were channeled, before reaching the shores of
Spain. China silk and porcelain were transported by the Manila fleet across
the Pacific ocean and reached Acapulco on the Pacific coast of Mexico, where
the goods were off loaded, for transport by land to Veracruz on the Gulf
coast. Gold and silver including minted silver coins from Mexico City, were
also sent to Veracruz. Goods from Manila and Mexico were then picked up by
the "Nueva Espana Fleet" (New Spain Fleet), which came to Veracruz from
Spain bringing in supplies to the colonists. The "Nueva Espana Fleet" then
sailed to Havana in Cuba, where it waited for the "Tierra Firme Fleet" to
return from Portobello in Panama.
A Spanish Galleon
Gold and silver, and minted silver coins from Potosi and Lima in Peru, were
transported by the South Seas fleet to Panama City on the Pacific coast,
where they were unloaded and carried by mule trains across the Isthmus to
Portobello in Panama. The "Tierra Firme Fleet" carrying supplies from Spain,
picked up the gold and silver from Peru, after unloading the supplies at
Portebello, and returned to Havana, via Cartagena to meet the "Nueva Espana
Fleet" returning from Veracruz. At Cartagena the fleet picked up gold and
emeralds produced in Colombia. The two Main fleets assembled in Havana,
before their return journey to Spain. The Honduras fleet carrying indigo and
other agricultural products also called at Havana, and transferred their
cargo to the ships of the main fleet.
Obstacles that had to be overcome by the
Spanish treasure fleets on their homeward bound journey
The fully assembled treasure fleet that was due to return to Spain with
their precious cargo, had to overcome two main obstacles during their return
journey to Spain. These obstacles were the weather and the pirates. The
captains of all merchant ships were well aware that th hurricane
season in the Caribbean began in late July of every year and continued till
early October, and therefore they planned their departure from Havana weeks before
the end of July. If there was a delay in the departure they had to wait till
the end of September to resume their journey. The menace of pirates in the
Caribbean and the Atlantic was another serious obstacle the Spanish
treasure fleets had to overcome, before they reached their destination
safely. It was well known that Spanish treasure fleets were well laden with
valuables such as gold and silver, and thus became the prime target of
pirates. Some of these pirates operated on their own, but others were
sponsored by governments who were enemies to the Spanish, such as the
British. To overcome this problem the treasure fleet was escorted by two
heavily armed ships, one leading the fleet known as the "Capitana" and the
other bringing up the rear known as the "Amaranth." But, in spite of all
these precautions there had been instances when the fleet had been attacked
and robbed by the pirates.
The returning fleet left Havana in Cuba, and navigated through the straits
of Florida, and then along the coast of Florida, entered the Gulf Stream, a
powerful warm and swift Atlantic current that originates in the Gulf of
Mexico and then exits through the straits of Florida, and follows the
eastern coastline of the United States and Newfoundland, before crossing the
Atlantic Ocean. The fleet moving northwards along the stream, left the
stream and moved eastwards when they were on the same latitude as Spain.
The story of the "Nuestra Senora de Atocha"
The journey from Spain to the Caribbean, the
"Nueva Espana Fleet"
The "Nuestra Senora de Atocha" was a newly constructed 110 foot galleon,
that was designated as the "Amaranth" of Tierra Firme Fleet. The fleet
that consisted of 28 ships left Spain on March 23, 1622, and when it reached
the Caribbean somewhere near Hispaniola, it split up into two.
One fleet known as the "Nueva Espana Fleet" (New Spain Fleet) sailed through
the Straits of Florida, and across the Gulf of Mexico, reached the port city
of Veracruz, where it off loaded supplies brought from Spain to the Spanish
colonial residents, and loaded gold and silver from Mexico City,
including silver coins minted in Mexico, and silk and porcelain brought in
from Manila, Philippines, by the Manila Fleet to Acapulco on the Pacific
coast, and transported overland to Veracruz from Acapulco. The "Nueva Espana
Fleet" then sailed back across the Gulf of Mexico, and reached the port city
of Havana, in Cuba.
The "Tierra Firme Fleet"
The other fleet known as the "Tierra Firme Fleet" of which "Nuestra
Senora de Atocha," "Santa
Margarita," and "Nuestra Senora del Rosairo" were three constituent ships, stopped briefly at the
Caribbean
Island of Dominica, and then proceeded to the port city of Portobello in the
Panama, arriving in Portobello on May 24th, 1622, where it off loaded
supplies from Spain. Around this time treasures from Lima and Potosi
consisting of gold and silver, including silver coins, were still arriving
from Panama City on the Pacific coast, by mule train, after the consignment
was transported to Panama City by the "South Seas Fleet" from Lima and
Potosi in Peru. It took almost two months to record and load the "Atocha" and
other ships with the consignment bound for Spain. Eventually, on July 22,
the "Tierra Firme Fleet" set sail for Havana from Portobello, via Cartagena,
in Colombia. At Cartagena, the "Atocha" was loaded with gold and emeralds from
Colombia, and also silver coins minted at Santa Fe de Bogota. When the
"Tierra Firme Fleet" finally reached Havana, to join the "Nueva Espana
Fleet" it was almost the end of August, entering the peak of the
hurricane season.
"Nuestra Senora de Atocha" the ship of choice
for loading valuable treasures
The 110-foot newly constructed rear guard galleon or "Amaranth" of the
combined fleet, the "Nuestra Senora de Atocha" became the ship of choice for
loading the most valuable treasures belonging to the Spanish government, as
well as the nobility and wealthy merchants, as the ship was fully armed with
20 bronze canons and 82 infantry men on board. Apart from the security of
her armaments, her modern accommodation was also an attraction for the
nobility, government officials, and wealthy merchants to board the "Atocha"
for the homeward bound journey. Altogether 265 passengers and crew boarded
the ship for the return journey. The extraordinarily rich cargo in the ship
consisted of 125 gold bars and discs, 24 tons of silver bullion in the form
of 1038 ingots, 180,000 pesos of silver coins, 582 copper ingots, 350 chests
of indigo, 525 bales of tobacco, 1200 pounds of worked silverware and dozens of chests of
emeralds and other gemstones.
The Santa Margarita, which was also a new ship purchased in 1621 in Cadiz,
Spain, was carrying fewer wealthy passengers than the "Atocha," and therefore
less personal treasures. But, the ship contained substantial quantities of
government treasures in the form of gold and silver bullion.
The homeward bound journey
The fleet of 28 ships fully loaded with treasures and assembled at Havana,
Cuba, were forced to wait until the end of the hurricane season in order to
start the homeward journey backwards. The fleet which should have left in
early July before the onset of the hurricane season, was already two months
behind schedule. Therefore, on September 4th, 1622, when the weather
appeared to be perfect, the decision was made by the captains of the ships
in consultation with the Spanish governor of Cuba, to set sail for Spain, as
the chances of a hurricane developing in the Caribbean appeared to be very
remote. But, what the captains did not know at that time was that the peak
season for hurricanes in the Caribbean was actually between the 1st and 15th
of September, within the normal hurricane period that extended from late
July to early October.
The 28 ships of the fleet raised anchor and set sail from the port of
Havana, almost in single file, led by the fully armed "Capitana" of the
fleet, followed one after another by 26 other ships, and ending with the
fully armed "Amaranth" the "Nuestra Senora de Atocha" that brought up the
rear guard of the fleet. The course of the ships in the Straits of Florida
was due north towards the Florida Keys, in order to enter the strong Gulf
Stream current that would take them northwards along the eastern coastline
of the United States.
The fleet is hit by a hurricane, and the
Atocha sinks on September 6, 1622
In the evening a northeasterly wind was blowing across the Straits of
Florida, growing stronger and stronger throughout the night, and attaining
the status of a hurricane in the morning. The seas became rough and stormy,
and the waves were mountainous. The fleet of ships were thus caught in the
midst of a severe Caribbean hurricane. Suddenly the violent winds changed
direction blowing from the south, and most of the ships were driven past the
Dry Tortugas, a small group of islands located at the end of the Florida
Keys, and into the relative safety of the Gulf of Mexico. However,
unfortunately on Tuesday, September 6, 1622, five ships at the tail end of the convoy, which included the
"Atocha," Santa Margarita, del Rosairo and two smaller vessels, were exposed
to the full impact of the hurricane, causing extensive damage to the masts
and tillers and tearing the sails and rigging to shreds. The ships drifted
helplessly towards the reefs, and the "Atocha" was mercilessly lifted by a
high wave and smashed violently on a coral reef. The "Atocha" went down
immediately, pulled down by her heavy cargo of treasures and bronze cannons,
and drowning almost all the passengers on board. Three of the other ships were
also grounded and wrecked and lost in the violent storm.
The passengers and crew of the Santa Margarita however, were very fortunate,
as the ship that was drifting out of control following damages to its masts,
was grounded on a sandbar, just 3 miles from the spot where the "Atocha" sank.
As the raging hurricane continued to pound the area, and before the ship
broke up, 68 of the crew and passengers of the "Santa Margarita" were
rescued
The immediate aftermath of the hurricane, and
attempts to salvage the lost ships
The next day (September 7th) when the hurricane had moved away from the Straits of Florida,
and the sea became calmer, the 23 ships that escaped damage, returned to
Havana, and decides to wait till next year for the return journey. A small merchant ship that happened to pass through the area where
the five ships were lost, detected five "Atocha" survivors still clinging to
the ship's mizzenmast, and were able to rescue them. These were the only
survivors of the 265 passengers and crew on board the "Atocha." Out of the
five survivors three were seamen and two black slaves.
The loss of the five ships, and particularly the "Atocha," with its invaluable
load of treasures was a terrible blow to the Spanish government, which could
have had serious repercussions on the economy of the country, which was in
the midst of the thirty-years war (1618-48). Therefore the Spanish Governor
of Cuba ordered an immediate salvage operation, to retrieve as much as
possible of the lost treasures. Salvage teams were sent out to the area to
locate the shipwrecks and commence salvage operations. The "Atocha" was
located in waters about 55 feet deep. Divers holding their breath, went down
again and again, but were unable to break into the hatches. Their attempts
had only limited impact as time spent under water was very limited, due to
difficulty in holding the breath for a long time. The divers marked the site
of the Atocha's wreck and continued searching for the other lost ships. They
then discovered the "Nuestra Senora del Rosairo" in relatively shallow
waters, and succeeded in salvaging the ship and its lost cargo. However the
other three ships could not be located at all.
The divers returned to Havana to look for additional equipment to salvage
the treasures of the "Atocha," but during this period a second hurricane hit
the area, tearing the upper hull structure and the masts of the ship. On
their return to the site, the divers were not able to locate the "Atocha"
anymore, and attempts made from time to time to locate the wreck for the
next 60 years proved unsuccessful. The other treasure vessel the "Santa
Margarita" was however discovered in 1626, and part of its valuable cargo
salvaged within a few years. Among the items recovered from the wreckage of
the Santa Margarita were 64,000 silver coins, hundreds of silver ingots,
eight bronze canons, and other valuable items.
The loss of the Atocha forgotten for the next
three centuries
As time passed by Spain lost most of its colonies in the North, Central and
South America, after a series of independence movements that began in the
early 19th century, culminating in independence to most of these colonies by
1825. After the Spanish-American war of 1898, the United States occupied the
remaining Spanish colonies of Cuba, Puerto Rico, Guam and the Philippines,
and with the dawn of the 20th century Spain had no more overseas colonies
except for its African territory of Spanish Sahara which it ruled from 1884
to 1975.
As time passed by the loss of the treasure ship "Atocha" was totally
forgotten, and the documents relating to the event, such as the ship's
register and other relevant entries found their way to the Archives of the
Indies in Seville, Spain. The documents were also forgotten and laid in
obscurity until re-discovered centuries later.
Events that led to interest in recovering the
wreckage of Atocha in the 20th century
The dawn of the 20th century resulted in unprecedented advancement in
science and technology, and the tremendous improvement of the quality of
life of peoples around the world. All fields of human endeavor such as
agriculture, industry, transport, communications, health care, education, entertainment
etc. showed phenomenal improvement never witnessed in the history of
mankind. Hundreds of thousands of scientific discoveries and inventions had
benefited mankind and helped to raise the standard of living of all human
beings, and increase his life expectancy.
Among one such invention was the SCUBA which stands for Self-Contained
Underwater Breathing Apparatus, developed by French naval lieutenant
Jacques-Ives Cousteau, in 1942. The use of the scuba allowed divers to
remain and work underwater for long periods of time, and this opened the
door for divers to search the bottom of the seas for wrecked ships and other
lost treasures. In the 1960s a salvage operation was carried out by the Real
Eight Corporation, that led to the discovery and salvaging of 10 wrecks
belonging to the Spanish treasure fleet of 1715, near Vero Beach, Florida.
This salvage operation that received worldwide press coverage, sparked off
an enormous interest in the salvaging of ancient shipwrecks of all nations
and particularly the treasure-laden ships of the Spanish in Atlantic
and the Caribbean. Mel Fisher who participated in the 1715 Spanish treasure
fleet salvage operation, formed a company of his own known as the Treasure
Salvors Inc. and undertook salvage operations, the most significant of which
was the search for the "Atocha" wreckage off the Florida coast, which he began
in 1969.
Mel Fisher's relentless search for the Atocha
for sixteen years
Treasure Salvaors Inc. undertakes the search
and salvage operation in 1969
The "Nuestra Senora de Atocha" was the richest Spanish treasure galleon
ever lost in the western hemisphere, lost off the coast of Florida and
forgotten for nearly 350 years, whose treasures are worth hundreds of
millions of dollars by today's standards. After the successful salvaging
operation of the shipwrecks of the 1715 Spanish treasure fleet, Mel Fisher
formed the Treasure Salvors Inc. which undertook the search and salvage operation of the treasures of
the long lost "Atocha," in 1969, a joint venture that was funded by Mel Fisher
and other investors.
Given the fact that the treasures would have been scattered over a
vast area by the action of turbulent weather and rough seas during the
annual hurricane seasons over a period of about three and a half centuries,
the task ahead was indeed a challenging one and Mel Fisher had to go into
partnership with several sub-contracting companies in order to carry out a
comprehensive search of the suspected areas, and their joint effort finally
bore fruit only after a long, frustrating, painful and costly search of 16
long years. The credit for the successful search which had eluded the
Spanish salvage teams for a period of 80 years after the incident,
undoubtedly goes to the treasure hunter and archaeological enthusiast Mel
Fisher, whose perseverance, determination and courage finally prevailed in
spite of several odds that went against his efforts, during this long
period. Mel fisher lost his son, daughter-in-law and another diver when
their salvage ship capsized in 1975, and the Florida State Government
attempted to claim the whole wreckage after an initial identification of the
wreckage site in 1971. Subsequently legal action had to be instituted
against the United States Government and the Florida State Government to
claim full legal rights for the wreckage discovered by the company.
Mel Fisher studies the historical documents
in the Archives of the Indies in Spain, designs and produces special
equipment for the operation
Before undertaking the actual operation Mel Fisher and his Spanish
translator Eugene Lyon
studied all historical documents relating to the incident preserved in the
Archives of the Indies, in Seville, Spain. A study of the manifest of the
ship gave a full list of the passengers and treasures on board the ship,
including the range of serial numbers on the silver coins minted in
different mints set up in its colonies that produced the precious metal.
Such information was vital in identifying the wreckage from which various
artifacts, gold bars, silver coins and ingots originated, and
eventually locating the "mother lode" of the wrecked "Atocha."
He then embarked on the designing and production of special equipment,
needed for his salvage operation, such as sand-clearing prop wash
deflectors, known as "mailboxes" and special proton magnetometers.
An initial set back in the operation
An initial set back suffered in the early days of the search operation was
the searching of an area, based on centuries old reports, that the wreckage of
this famous galleon was lying off the last "Key of Matecumbe" which was
misleading. Presently the "Key of Matecumbe" lies half way up the Florida
Keys, far from where the "Atocha" actually sank. Searches for the wreckage in
this area was a waste of time, energy and money, and became a vain effort.
Eventually Mel Fisher's research consultant, Eugene Lyon, gathered evidence
that showed that the "Atocha" had actually sunk near the Marqueses Keys, about
20 miles southwest of Key West. Intensive search operations then began in
the newly identified area.
Difficulties encountered in the search
operation
The availability of GPS (Global Positioning System) today makes it easy to
locate and report one's position on the surface of the earth, whether on the
land or the vast ocean. Modern salvage operations in the open ocean is
relatively easy today because of this, as one could record the position in
the open sea, where searches had already been conducted. This enables him to
return to the same spot after a period of time, and leaving the areas where
searches had already been conducted, he could now explore new areas where
searches have not been conducted previously. This enables one to conduct a
systematic search operation in the open sea, without performing duplicate
searches, that could save a lot of time and money. Such facilities were not
available to Mel Fisher and his team when search operations were conducted
39 years ago.
In the absence of landmarks in the ocean to take bearings, Mel Fisher set up
small ranging towers manned by men with a theodolite and radio, to stay in
contact with the mag boat as it ran its courses. They covered each area
fairly exhaustively, by keeping the boat on course, yet it appeared that
they had missed the Atocha's "mother lode" in spite of the fact that the
area in question was covered in 1973.
The first major breakthrough comes in 1971
The first major breakthrough in the search came in 1971 when an anchor of
the 'Atocha" was discovered, together with some silver coins, lead musket
balls, and a gold chain in its immediate surroundings. The discovery seemed
to be consistent with the opinion that this was the area where the Atocha
came ashore initially. It was 14 years after this, when the "mother lode" of
the "Atocha" was discovered, that it became clear, that this area actually
represented a bounce spot of the top decks of the "Atocha," that was separated
by the second hurricane also in September 1622.
Salvage operations from 1971 to 1984.
Discovery of a range of artifacts
During the 14-year period from 1971 to 1984, salvage efforts were
concentrated mainly around this area, that led to the recovery of some
fabulous artifacts, which included gold jewelry, gold chains, a gold cup,
silver ewers, candleabras, muskets, rapiers and even 1622 passenger's
baggage. Besides, over 2,000 silver coins and several gold bars were also
recovered from this region. Three silver bars found matched the weights and
tally numbers found on the Atocha's manifest preserved in Seville. The sandy
area just 200 yards of the anchor location, and 22 feet deep, from where
over 2,000 silver coins were recovered, over a period of months, was
nicknamed the "Bank of Spain." Another significant artifact that was
recovered from this area was a gold belt with 28 sections, each set with a
precious stone or pearl. In 1975, Mel Fisher's son Dirk, found nine bronze
cannons from the same area, to the east of the "Bank of Spain" in 40 feet of
water. The markings on the cannons positively identified that they belonged
to the wrecked "Atocha." This was a major discovery, but unfortunately just
days after this discovery, Dirk and his wife Angel, and a diver Rick Gage,
were killed when their salvage boat capsized. The death of Dirk and his wife
was a severe personal loss to Mel Fisher and his family, yet the family was
more united than ever, and determined to see through this project that had
consumed their time, energy and resources for more than six years.
Change of strategy in 1984
In 1984, two more bronze cannons and an anchor were discovered in a region
northwest of the primary area, which led to a serious rethinking of the
scatter pattern of the various artifacts, cannons, silver coins and other
treasures hitherto salvaged from the sea. It then became obvious to
everyone, that the hurricane had actually carried the wreckage of the Atocha
in a curved path. Following this curved path one entered the Hawk Channel,
which was 54 feet deep, corresponding to the depth reported by Gaspar de
Vargas, the head of the Spanish salvage team that located the wreckage in
1626. Excavations carried out along this curved path led to a significant
discovery on May 27, 1985. Emerald jewelry, five pieces of gold, 12 gold
bars, and some gold chains were recovered. The discovery led to the
realization that exploration was now finally on the right track. Mel
Fisher's son, Kane Fisher then moved his salvage ship "Dauntless"
along this selected path, and then setting up a string of buoys along the
path, several miles long, began explorations at regular intervals of 100
yards. He reached the end of the string of buoys, but found nothing
significant. He then extended the string of buoys by another mile and kept
going, and on July 19. 1985, made a significant discovery - A large section
of olive jar and barrel hoop with four silver coins attached.
Discovery of the "mother lode" in
1985
Kane Fisher and his colleagues rested for the night and then started work
again in the morning of July 20, 1985. The divers who went down at the first
exploratory site that morning, were spellbound and could not believe what
they saw on the sea bed. They saw a "reef" of silver bars, consisting of
hundreds of bars stacked in rows, one on top of the other. The "reef" was 20
feet long, 3 feet wide and 3 feet high, and consisted of 980 bars. Scattered
around the "reef' were several intact redwood boxes of coins and artifacts.
Over seventy gold bars were recovered from a single hole on the western side
of the ballast pile. A jubilant Kane Fisher radioed the news of the
discovery to Treasure Salvors headquarters on the Florida coast from his
salvage ship the "Dauntless." "Put away the charts; we have found the main
pile."
After some days the shippers marks on the bars of silver and gold were
compared with Atocha's cargo manifest, and it was confirmed that the bars
were part of the cargo carried by the "Atocha' on that fateful day. At long
last, after 16 years of searching, the "mother lode" of the "Atocha" had been
discovered. However, experts believe that the sterncastle, the part of the
ship that would hold most of the gold and the Muzo emeralds, have not yet
been discovered.
The "Atocha motherlode" which included 40 tons of gold and silver, 100,000
Spanish silver coins, gold coins, Colombian emeralds, 1,000 silver bars and
golden and silver artifacts, was estimated to have a value of $450 million
according to 1985 estimates. This enormous cache yet represented only about
half of the treasures that went down with the Atocha.
Discovery of the "Santa Margarita"
The Spanish salvage team sent to the site of the wreckages in 1625, headed
by Francisco Melian, was successful in locating the wreckage of the "Santa
Margarita" and undertook a salvage operation that retrieved eight bronze
cannons, 68,622 silver coins, 392 silver ingots and other valuable
items. However, due to some reason they were not able to salvage the entire
haul of treasures stored in the holds of the ship, and the wreckage was
abandoned. This fact became evident after comparison of the cargo salvaged
in 1626 with the manifest of the cargo on board the "Santa Margarita"
preserved in the archives at Seville, in Spain. The discrepancy between the
two convinced Mel Fisher that the wreckage of the "Santa Margarita" still
held large quantities of undiscovered treasures.
The wreckage of the "Santa Margarita" too were lost for 363 years
and shifted from its original site by the forces of nature, like the
wreckage of the "Atocha.' At the time of the incident 68 survivors on board
the "Santa Margarita" were fortunate enough to be rescued, and thus there
were many eye witness accounts of what transpired at the crucial final
moments of both the "Atocha" and the "Santa Margarita." According to one of
the survivors, the Gunnery Captain of the "Santa Margarita," "the Atocha
rose up, struck a reef, and sank shortly thereafter. The "Santa Margarita"
then parted her anchor lines and struck the sandbanks in eighteen feet of
water, where she came apart." According to this evidence, the two ships must
have been at visible distance from one another during their crucial last
moments.
In parallel with the search for the "Atocha" Mel Fisher had been sending out
salvage teams to the areas west of the suspected wreckage site of the Atocha,
in the Quicksands, within the primary search area, to look for the wreckage
of the "Santa Margarita," but without any success. Then magnetometer surveys
conducted in 1980, along the three-fathom curve, that connected the
Quicksands to the Marquesa Keys, revealed a "hit" four miles from the
Marquesa Keys and 6 miles from the Quicksands. Salvage boats from the
neighborhood were called in to the site, and investigations revealed a
wreckage of a ship, which eventually turned out to be the "Santa Margarita."
Salvage operations carried out on the wreckage brought out two bronze
cannons, 56 gold bars, 18 silver bars, 10,000 silver coins, 180 feet of gold
chains, and a nine-inch gold plate. The discovery was the greatest and most
significant since exploratory activities started on the quest for the lost "Atocha"
in 1969, and provided the much-needed boost to carry on with the eleven-year
quest for the elusive "Atocha." However, it turned out that eight bronze
cannons, 76 silver bars, and 34,378 silver coins were still unaccounted for,
according to the ship's manifest, even after taking into account what was
salvaged by Francisco Melian in 1625. Thus more treasures still remain at
the bottom of the ocean for future prospectors.
Mel Fisher Maritime Heritage Society and
Museum
Mel Fisher's great human qualities
The characterization of Mel Fisher by some as "the world's greatest treasure
hunter" is undoubtedly true, but may not be appropriate, as it may covey the
wrong impression of a gold digger whose actions were motivated purely by profit and
the urge to get rich quick. On the contrary, the way Mel Fisher went about
his quest for lost treasures, with due respect to the laws of the nation,
overcoming all odds and taking special precautions to preserve anything of
historical and archeological importance, for the sake of posterity,
irrespective of their enormous monetary value, eventually setting up the
non-profit initiative known as the Mel Fisher Maritime Heritage Society and
Museum, to display the rare artifacts retrieved from a salt water grave, are
qualities of a great human being who wanted to use his God given talents for
the benefit of all humanity and create a lasting legacy touching the lives
of the ordinary people.
Mel Fisher's good intentions and great vision for the
conservation of underwater artifacts
Mel Fisher obtains a search contract and
salvage permits for his operation
According to the laws of the State of Florida, prospective salvage companies
planning to search and salvage shipwrecks from the waters off the coast of
Florida, had to obtain a search contract and salvage permit for every site
discovered, and sign a bond, under which 25% of the finds become the
property of the state and the remaining 75% goes to the salvaging company.
In keeping with this law Mel Fisher obtained a search contract for the area
far to the west of the Florida Keys, the suspected site of the wreckage of
the "Nuestra Senora de Atocha.
Mel Fisher trains state agents to dive and
also feeds them
Florida State law also required that the salvage company should allow a
state agent to be present on each salvage boat. Mel Fisher not only complied
with this requirement by allowing six state agents to operate on his boats,
but also showed his good intentions by purchasing diving equipment for these
agents, teaching them how to dive and also feeding them.
Mel Fisher hires an archaeologist for his
salvage team
His good intentions and that he was not merely another gold digger
looking for quick profits, but had a broader vision for his salvage
operation, was clearly demonstrated when he hired an archaeologist by the
name of Duncan Mathewson, to be on board during his operations. Given the
antiquity of the wreckage, being around 350 years old, Mel Fisher wanted to
make sure that anything of archeological value brought out was properly
listed, tagged and preserved for posterity for the future generations. In
fact Treasure Salvors Inc. eventually became experts in the proper recovery
and conservation of underwater artifacts, recognized internationally, thanks
to the pioneering efforts of Mel Fisher.
Mel Fisher looks after both private and
public interests in his exploratory activities
Besides this Mel Fisher also became a pioneer in blending private and public
interests in the exploitation and protection of underwater cultural
resources, now referred to as Underwater Cultural Heritage. Protection of
underwater cultural heritage does not mean total prohibition of salvage
operations at an underwater cultural heritage site, allowing the total
deterioration and disintegration of any cultural artifacts such sites might
hold. It means the planned exploitation of these sites under proper
supervision and care, and the conservation of the artifacts so recovered
after appropriate scientific treatment, to prevent further deterioration of
the salvaged artifacts. In the case of the "Atocha Underwater Cultural
Heritage" Mel Fisher as the operator of a private salvage company, together
with the participation of other private investors, had carried out a salvage
and recovery operation which the Florida State Government on its own could
not achieve, and thus prevented the further deterioration and destruction of
these submerged artifacts. In that sense, the Florida State Government and
its people should forever be indebted to Mel Fisher, for the successful
recovery and conservation of the submerged artifacts from the
wreckages of the "Atocha" and the "Santa Margarita."
Mel Fisher purchases the Key West Naval
Station building with his share of the Atocha treasure, and sets up the Mel
Fisher Maritime Heritage Society Museum
The final and indisputable evidence about his good intentions, and great
commitment to the conservation of the artifacts of the Atocha, Santa
Margarita and other wreckages, was provided in the late 1980s, when Mel
Fisher with the proceeds of the sale of his part of the share of the Atocha
treasure, purchased a huge former Key West Naval Station building, to
permanently house the non-profit Mel Fisher Maritime Heritage Society Museum
founded by him. The building also houses a research center and conservation
laboratories. The Mel Fisher Maritime Heritage Society is a government
accredited non-profit organization, whose laudable objectives include
accumulation and dissemination of information, providing educational
services to the public, on maritime and colonial activity in the New World,
and preserving maritime cultural resources.
Artifacts on display at the Mel Fisher
Maritime Museum
Duncan Mathewson, the Archaeological Director of Treasures Salvors Inc. and
a team of dedicated archaeologists, were involved in the conservation of the
artifacts brought out from the "mother lode" site. As the artifacts had lain
on the ocean bed for almost three and a half centuries, they were in an
extremely unstable state, requiring immediate preservation treatment to
prevent its further deterioration after it left its saltwater tomb. The
artifacts and treasures so preserved, form the main components of the Mel
Fisher Maritime Heritage Society Museum's collection. Among the items on
exhibit at the museum are gold and silver bars and coins, a solid gold belt,
gold necklace set with gems, a gold chalice believed to be a protection
against poisoning, an intricately designed gold plate, a gold chain weighing
more than 7 pounds, a large number of emeralds including a 77.76-carat uncut
hexagonal crystal, religious and secular jewelry, and silver ware. Among the
artifacts on display include rare navigational instruments, military
armaments, native American artifacts, tools of different trades, ceramic
vessels, galley wares, and even seeds and insects. Every year around 200,000
people visit the Mel Fisher Museum at Key West, Florida, and marvel at the
extraordinary artifacts recovered from the ocean floor, that represent the
glory of a nation, Spain, in a bye gone era, while appreciating the
dedication and determination of the human spirit, that was responsible for
retrieving these objects from the dark depths of the ocean.
A short biography of Mel Fisher
Birth, education and service in the U.S. Army
Mel Fisher was born in Glen Park, Indiana, on August 21, 1922, to Earl
Fisher and Grace Sprencel Fisher. He studied at Lew Wallace High School, at
Glen Park, Indiana. He attended Purdue University, where he studied
engineering. While his father taught him carpentry skills, his mother taught
him music and dance skills. He formed his first dance band while at high
school, and led his own 21-piece band while at the university. He joined the
U.S. Army during World War II, and was attached to the U.S. Army Corps of
Engineers, and followed a course at the University of Alabama, before being
sent overseas to Europe, with the Army Engineers.
Mel Fisher pursues his main interest in life,
diving, at Florida
After the war, Mel moved to Chicago, and Denver and then to Florida, where
he had the opportunity of pursuing his primary interest in life, diving. The
engineering skills he acquired in the university and the army, helped him
develop his own equipment for his underwater adventures and exploration,
such as, the spear guns, underwater cameras etc. While at Florida, Mel saw
his first real treasure from a sunken ship. His interest in diving caused
him to drive all the way from Florida to California, to purchase one of the
first Scuba units perfected by Jacques Cousteau, the French inventor. The
use of the Scuba boosted his diving and exploratory activities, as it
prolonged the time spent underwater.
Mel Fisher moves to California with his
parents, meets his life time partner
In 1950, he moved with his parents to California, where he assisted them in
operating a chicken ranch at Torrance, and acquired knowledge on animal
husbandry at the El Camino College, which helped him to run the ranch more
effectively. Even during this period he continued to pursue his interest in
diving, and opened his first "dive shop" on the ranch, that sold compressed
air and scuba kits and spares. It was here that he met his life time partner
and constant companion in diving, and al his future endeavors Dolores
Horton, whose mother and uncle purchased the chicken ranch. He taught
Dolores the technique of scuba diving, and during their honeymoon in
Florida, the young couple went diving and exploring the shipwrecks off the
Florida keys. It was then the couple decided to build their entire future
based on this most exciting and rewarding profession.
Mel Fisher set up a diving-shop-cum-school at
California
They planned to set up a full-fledged diving shop in California, but lacked
the financial resources. In order to raise the necessary funds they
undertook commercial diving for spiny lobsters, a very lucrative but
difficult work. Eventually they succeeded in opening the first ever "dive
shop cum school" in the world, the Mel's Aqua Shop, in Redondo Beach,
California, which turned out to be a very successful venture. As part of the
services offered by this shop, Mel and Dolores also provided training for
would-be scuba divers, training more than 65,000 novices in the technique of
scuba diving, a service that was recognized by the community, by giving Mel
a prestigious award for his contribution to education in diving.
Mel Fisher pioneers the making of underwater
films and movies
A pioneer in underwater exploration, Mel also pioneered the making of
underwater films and movies, for training, advertising, entertainment and
educational purposes. His underwater adventure films aired on television
became very popular among millions of viewers on the West Coast of the
United States. His wife Dolores appeared in underwater commercials made by
Mel for swimwear manufacturers. Dolores also set the world's underwater
endurance record for women, at 55 hours and 35 minutes, that has continued
to stand through the years.
The children follow in the footsteps of the
parents
Mel and Dolores were blessed with four children, three sons Dirk, Kim and
Kane and one daughter Taffi. The children also followed in the foot steps of
the parents, becoming professional divers, and helping to build up the
family diving enterprise.
The greatest breakthrough in the lives of the
Fishers
The greatest breakthrough in their lives came in 1963, when in Florida Mel
had a meeting with Kip Wagner, that led to a partnership on a 50-50 basis to
salvage the wrecks of the 1715 Spanish treasure fleet, lost off the east
coast of Florida. The greatest challenge faced by Mel and other divers who
took part in the salvage operation, was the murkiness of the water closer to
the shore, where the ships had gone down. The proton magnetometer developed
by one of the members of the team Fay Field, went a long way in locating the
shipwrecks in the murky water, but the lack of visibility was a serious
limitation for further exploratory activities. To overcome this problem Mel
Fisher developed a device known as the "mailbox," which lowered from the
vessel stern over the propellers, sent a layer of clear water from the
surface downward to the bottom, improving the divers visibility. The use of
the "mailbox" in the spring of 1964, led to the discovery of 1,033 gold
coins on the ocean floor at the site of a shipwreck. Using these two
important pieces of equipment, the Fisher-Wagner team successfully recovered
more than $20 million worth of treasures from the the 1715 shipwrecks.
Mel Fisher set up his own company the
"Treasure Salvors"
The success of the salvage operation of the 1715 fleet, led Mel Fisher to
form his own salvage company known as "Treasure Salvors" in 1969, and embark
on his next major project the search and recovery of the treasures of the
Spanish galleon the Atocha, which is the subject of this entire webpage. The
services rendered by Mel Fisher and his family to their community, the
people of Florida in particular, and the world community at large, is dealt
with elsewhere on this page.
Mel Fisher's death at the age of 76
Mel Fisher, the engineer, the farmer, the scientist, pioneer scuba diver and
underwater film and movie maker, the teacher, the inventor, the treasure
hunter, the archaeological enthusiast, the protector and conservator of
underwater cultural heritage sites, the founder of the Mel Fisher Maritime
Heritage Society and Museum, the unofficial king of the underwater world and
above all a great humanist, died on Saturday, December 19, 1998, after a
long battle with cancer. At the time of his death he was 76 years old. He
was survived by his wife Dolores, sons Kim and Kane and daughter Taffi.
The celebrated court case that gave Mel
Fisher the right of ownership of the Atocha wreckage and treasures
Mel Fisher's Treasure Salvors Inc. begin
search operations in 1969
The Florida State Government granted Mel Fisher's Treasure Salvors Inc.
search permits in 1969 for the search and location of the wreckage of the
Nuestra Senora de Atocha, a Spanish galleon carrying a cargo of New World
treasure, that sank in 1622, 40 nautical miles west of what is today Key
West, Florida.
After years of searching the ocean floor, Treasures Salvaors was successful
in locating the suspected wreck site in the Spring of 1971, at a spot known
as the "Quicksands" 9½ nautical miles west of the
Marquesas Keys. The initial disoveries were an anchor of the Atocha, some
silver, coins, lead musket balls, and a gold chain.
The State of Florida Claims
that the Atocha belongs to the State
The State of Florida immediately claimed that the
Atocha belonged to the State, under the provisions of the laws of the
State:- "It is further declared to be the public policy of the state that
all treasure trove, artifacts and such objects having intrinsic or
historical and archaeological value which have been abandoned on state-owned
lands or state-owned sovereignty submerged lands shall belong to the state
with the title thereto vested in the division, history and records
management of the department of state for the purpose of administration and
protection."
Mel Fisher enters into a
salvage contract with Florida State
Officials of the Florida division of archives
threatened to arrest Mel Fisher, the president of Treasure Salvors Inc. and
to confiscate their boats and equipment, if they commenced salvage
operations on the Atocha, without a salvage contract from the state.
Accordingly, Treasures Salvors Inc. signed a one-year contract with the
state, that permitted them to conduct salvage operations on the vessel for
one year. Subsequently the contracts were renewed for three successive
years. The contracts were executed on the assumption that the Atocha was the
property of the State of Florida as it was found on submerged lands within
the boundaries of the State.
The contract specifies 75%
award of the materials recovered to Treasure Salvors
The contract laid out that "In payment for the
Salvager's satisfactory performance and compliance with this agreement, the
Division will award to the Salvager seventy five percent (75%) of the total
appraised value of all material recovered hereunder, and shall be made at
the time of division of such material by the parties hereto. Said payment
may be made in either recovered material or fair market value, or the
combination of both at the option of the Division's director."
Treasure Salvors also agreed to pay the Division,
$1,200 every year to post a performance bond, and to perform its work in a
specified manner, in exchange for the Division's agreement to transfer
ownership of 75% of the proceeds of the operation to Treasure Salvors. The
contract did not purport to transfer ownership of any property to the
Division of Archives, as the property belonged to the State anyway
according to the provisions of the state laws.
Artifacts salvaged partly held
by Treasure Salvors and partly by Division of Archives in Tallahassee
As the salvage operation got underway considerable
amounts of artifacts were salvaged by Treasure Salvors, and some of these
artifacts were held by the salvager at its headquarters in Key West, while
the others were held by Division of Archives in Tallahassee. However all
properties belonged to the state until their division according to the
provisions of the contract.
Litigation between the United
States Government and the State of Florida to determine the seaward boundary
in the Atlantic and the Gulf of Mexico. Florida State Government loses all
claims to the Atocha Wreckage.
In a dramatic development related to the salvage
operation, the United States and the State of Florida were engaged in
litigation to determine the seaward boundary of submerged lands in the
Atlantic ocean and the Gulf of Mexico in which the State had rights to
natural resources. Then in February 1974, a Special Master filed a report
that defined Florida's boundary, which dramatically was landward of the site
of the wreck of the Atocha. The State's objection to the report were
overruled. According to a final decree that was entered in 1976, it was the United
States Government and not the State of Florida that was entitled to the
lands, minerals, and other natural resources in the area, in which the
remains of the Atocha had come to rest. This was indeed a dramatic development for Mel Fisher
and his company as the Florida State Government lost all claims to the
wreckage of the Atocha and other similar wreckages that lay in the waters
off the coast of Florida.
Treasure Salvors file action
in the Federal District Court to be given possession of the Atocha wreckage.
Immediately after this ruling, lawyers to the
Treasure Salvors filed a complaint in the Federal District Court for the
Southern District of Florida demanding that the "Plaintiffs be put into
possession of the Atocha and other property, and that all other persons,
firms, and corporations or government agencies be enjoined from interfering
with the Plaintiff"s title, possession and property, and that the
Plaintiff's title be confirmed against all claimants and all the world."
The complaint invoked the court's admiralty and maritime jurisdiction, and
as admiralty action in rem, named the Atocha as defendant. Under this action
items recovered from the Atocha in Treasure Salvor's possession were
surrendered to court, pending the determination of the court. Other
artifacts recovered were with the Division of Archives in Tallahassee, but
no attempts were made immediately to bring them into the court's custody.
Most of the wreck and its valuable cargo still lay buried under the sand in
international waters.
The United States Government
files counter claim seeking ownership of Atocha
The United States Government intervened in the action
as a party-defendant and filed a counter claim seeking a declaratory
judgment that the United States was the proper owner of the Atocha.
The District Court enters
judgment in favor of Treasure Salvors
The District Court rejected the Government's claim of
ownership and held that "possession and title are rightfully conferred upon
the finder of the res derelictae." The court entered judgment in favor of
Treasure Salvors Inc. against the United States of America and all other
claimants. (1976)
The United States Government
appeals against the judgment of the Federal District Court
The Court of Appeals affirmed the judgment of the District Court, as against
the United States Govenment (1978)
Treasure Salvors file motion in District
Court for an order for a US Marshal to take custody of the Artifacts in
Tallahassee
Immediately after the decision of the Court of Appeals , Treasure Salvors
file a motion in the District Court for an order commanding a United States
Marshal to arrest and take custody of the artifacts held by the Division of
Archives in Tallahassee, and bring them within the jurisdiction of the
court. The District Court issued a warrant to two officers of the Division
of Archives. The State filed a motion in the District Court to quash the
warrant, and also sought and obtained an emergency stay order from the Court
of Appeals. The District Court denied the motion to quash, and issued an
order to show cause why the state should not deliver the artifacts
into the custody of the Marshal. The State then argued that the eleventh
amendment barred exercise of the District Court's jurisdiction, but the
Distict Court rejected this argument, holding that the State had waived the
eleventh amendment as to any claim to the property, and apart from any such
claim, the Eleventh Amendment did not bar the seizure of the artifacts and
subsequent transfer to the Marshal's custody. The court also rejected the
State's claim to the property based on the salvage contracts with
respondents.
The State appeals against the judgment of the
District Court
The State appealed against the judgment of the District Court, and after
lengthy arguments held that the District Court properly held that the
Eleventh Amendment did not bar execution of the warrant of arrest. The Court
of Appeal however affirmed the States rights to the artifacts.
Treasure Salvors appeal against the findings
of the Court of Appeal to the Supreme Court
Treasure Salvors appealed against the findings of the Court of Appeal to the
Supreme Court, which after a hearing in 1982, affirmed in part and
reversed in part the judgment of the Court of Appeals. The bench of three
Supreme Court Judges delivering the judgment said, to the extent that
the Court of Appeal held that the Eleventh Amendment did not prohibit an
execution of the warrant and transfer of the artifacts to Treasure Salvors,
its judgment is affirmed. To the extent that the court determined the
State's ownership of the artifacts as part of its Eleventh Amendment
analysis, its judgment is reversed.
Treasure Salvors get full legal title to the
wreckage of Atocha
Thus the Treasure Salvors Inc. after a process of litigation started in
1976, finally obtained full legal ownership in 1982, of the wreckage of the
abandoned historic Spanish galleon, the Nuestra Senora de Atocha, which sank
in international waters in 1622. It was three years after this judgment that
the "mother lode" of Atocha was finally discovered, after a search that
lasted 16 years.
Related :-
Queen Isabella Emerald
Emerald Man
Emerald Unguentarium
External Links :-
Mel Fisher
Maritime Heritage Society & Historical Museum, Key West FL
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References
1.Treasure Atocha - A $400 million Archeological
Adventure - R. Duncan Mathewson III, Archaeological Director of the Treasure
Salvors Inc.
2.Website of the Mel Fisher Maritime
Heritage Society and Museum
3.Mel Fisher - From Wikipedia,
the free encyclopedia.
4.The Mel Fisher Story - by Bleth Mchaley and
Wendy Tucker.
5.Website of vLex United States - Florida Department of State vs. Treasure
Salvors Inc.
6.Spanish Colonization of the Americas - From
Wikipedia, the free encyclopedia.
7.Christopher Columbus - From Wikipedia,
the free encyclopedia.
