Planet Money: The Fight for a Legendary Shipwreck's Treasure

Episode: The Fight for a Legendary Shipwreck's Treasure
Release Date: February 7, 2025
Host: NPR's Erica Barris and Mary Childs

Introduction

In this riveting episode of Planet Money, NPR delves into the tumultuous and multifaceted battle over the ownership of the legendary shipwreck, the San Jose. Discovered off the coast of Colombia, this 300-year-old Spanish galleon has ignited fierce debates among governments, indigenous groups, private financiers, and legal experts. The episode explores the intricate web of historical claims, legal battles, and the lingering legacy of colonialism that complicates rightful ownership of the treasure.

Discovery of the San Jose

Mary Childs introduces us to Mike Purcell, an expert in underwater exploration, whose autonomous underwater vehicle (AUV) played a pivotal role in locating the San Jose.

Mary Childs [00:22]: "Ten years ago, Mike Purcell was on one of his missions on a ship in the Caribbean Sea off the coast of Colombia."

Mike Purcell recounts the moment of discovery:

Mike Purcell [00:37]: "We see something in the sonar."

The AUV, akin to a sophisticated underwater drone, sent back grainy black-and-white images revealing parts of the ship's hull and scattered artifacts, including 100 teacups:

Mike Purcell [02:13]: "There is part of the hull, the wood hull. There's 100 teacups sitting on the surface."

The sheer abundance of treasure suggested that the San Jose might indeed be the legendary shipwreck, laden with billions in gold and silver.

Colombian Government's Claim

Upon the discovery, President Juan Manuel Santos of Colombia was informed, expressing immediate enthusiasm and asserting Colombia's claim.

Juan Manuel Santos [07:08]: "I thought, my God, God is on our side. And I started to say, how are we going to rescue it? How are we going to sell it to the world?"

President Santos invoked the law of finds, a principle from British law stating that the discoverer of an abandoned shipwreck owns it:

Juan Manuel Santos [08:02]: "Finder keepers, the galleon is ours."

Colombia maintains that the San Jose lies within its territorial waters and, under the UN Convention on the Law of the Sea, holds jurisdiction over objects found therein. President Santos advocated for salvaging the ship and establishing a museum, emphasizing Colombia's cultural and historical stake.

Spain's Historical Claim

Contrary to Colombia's assertion, Ricardo Sans Marcos, a Spanish expert on historical artifacts, presents Spain's unwavering claim over the San Jose. He likens the wreck to a "sunken embassy," emphasizing its identity as a Spanish warship:

Ricardo Sans Marcos [12:30]: "It belongs to Spain... It's a piece of history, Spain's history."

Spain argues that the San Jose was a sovereign vessel, flying its flag when it sank, thus granting it sovereign immunity. This principle was previously upheld in a similar case where Spain successfully reclaimed a sunken galleon’s treasure from American salvagers.

Ricardo highlights the ship's significance as a "time capsule" offering invaluable insights into 17th-century maritime technology and the broader context of Spain's global trade networks during the era of the Carrera de Indias—the maritime route that played a crucial role in early globalization.

Indigenous Claims by the Cara Cara

Adding another layer to the dispute, Tata Samuel Flores Cruz, a leader of the indigenous Cara Cara nation from Potosi, Bolivia, asserts that much of the San Jose's treasure originated from their ancestral lands. This claim is rooted in the dark history of Spanish colonialism and the exploitation of indigenous labor in the silver-rich mines of Potosi.

Mary Childs [15:20]: "Mike Purcell: Cuando saluda penicula Titanics."

Tata Samuel Flores Cruz [16:39]: "If there's any financial gain that comes from what's onboard the San Jose, he wants to be sure that the Caracara benefit."

Tata Samuel emphasizes that the silver and gold on the San Jose were mined under oppressive conditions, resulting in the death of millions of indigenous and African people. He seeks acknowledgment of the Cara Cara's rights to these resources and advocates for reparations or the return of the treasure to benefit his community.

Sea Search Armada's Stalemate

Complicating the scenario further is the Sea Search Armada, a group of American businessmen who had initially discovered fragments of the San Jose in the 1980s. Their claim is now entangled in legal disputes with the Colombian government.

Sea Search Armada Lawyer [22:58]: "They're saying that they are entitled to the discovery area. Right. Which includes the Galileo San Jose..."

The Armada had previously received permission to search specific areas but faced legal setbacks when Colombia redefined cultural patrimony, nullifying claims to a share of the treasure. This led to a protracted lawsuit lasting over four decades, which was recently escalated to the Permanent Court of Arbitration.

Sea Search Armada contends that under the original agreement, finding the San Jose entitles them to a 50% share of the treasure. Conversely, Colombia disputes their claim, arguing that the geographical area cited by the Armada is unlawfully extensive and overlaps with Colombia's jurisdiction.

Legal and Ethical Implications

The episode highlights the complexities of maritime law, especially when ancient shipwrecks intersect with modern legal frameworks and historical injustices. The conflicting claims of Colombia, Spain, the Cara Cara, and Sea Search Armada underscore the challenges in reconciling sovereignty, historical ownership, and ethical considerations related to colonial exploitation.

Mary Childs aptly summarizes:

Mary Childs [23:55]: "Colombia and the group that financed Mike Purcell's voyage Spain, the Caracara, Sea Search Armada. Because since the San Jose sank in 1708, power has shifted so much the way we think about territory and land and ownership has shifted. And we are left trying to use today's tools to resolve something that started hundreds of years ago."

Current Status and Future Outlook

As of the episode's release, the legal battles remain unresolved. Colombia continues to enforce its jurisdiction over the shipwreck, maintaining a naval presence to deter unauthorized salvage operations. Meanwhile, Sea Search Armada's case proceeds in international courts, while indigenous leaders like Tata Samuel push for recognition and restitution.

The San Jose's fate serves as a microcosm of broader issues, including the enduring impact of colonialism, the complexities of international law, and the moral questions surrounding the ownership of cultural heritage.

Conclusion

"The Fight for a Legendary Shipwreck's Treasure" masterfully intertwines history, economics, and law to shed light on the San Jose's enduring legacy. Planet Money not only narrates the gripping story of a sunken galleon but also provokes critical reflection on how we navigate the remnants of a colonial past in today's globalized world.

Notable Quotes:

• Mike Purcell [02:13]: "There is part of the hull, the wood hull. There's 100 teacups sitting on the surface."

• Juan Manuel Santos [07:18]: "I thought, my God, God is on our side."

• Ricardo Sans Marcos [12:30]: "It's a piece of history, Spain's history."

• Tata Samuel Flores Cruz [16:58]: "If there's any financial gain that comes from what's onboard the San Jose, he wants to be sure that the Caracara benefit."

• Mary Childs [23:55]: "We are left trying to use today's tools to resolve something that started hundreds of years ago."

This comprehensive summary captures the essence of the Planet Money episode, providing an engaging and informative overview for those who haven't listened to the podcast.