pepper
Jr. Member
- Jun 4, 2006
- 28
- 0
It seems that everything related to Spain and their right or claim to
shipwrecks in the US are tied directly to the Treaty of Paris 1763
although the US was separated from Great Britain with the Declaration
of Independence on July 4th 1776.
Since there was a separation from Great Britain at this time (1776)
why is the Treaty of Paris recognized by the Courts of America and
used in court decisions as follows:
"The Fourth Circuit applied the express abandonment standard to the 1763 Treaty and determined that Spain had not relinquished its rights to LA GALGA. First, although Article XX of the treaty contains "sweeping language of Spain's cession," it never explicitly refers to vessels, warships, shipwrecks, or frigates."
Article XX does include the Bay of Pensacola (Tidal Water) as well as all that
Spain possesses on the continent of North America etc..., including property,
possession and *all* rights, acquired by treaties or otherwise and cedes
and guaranties, in full right, to his Britannick Majesty.
Article XX states:
"XX. In consequence of the restitution stipulated in the preceding article, his Catholick Majesty cedes and guaranties, in full right, to his Britannick Majesty, Florida, with Fort St. Augustin, and the Bay of Pensacola, as well as all that Spain possesses on the continent of North America, to the East or to the South East of the river Mississippi. And, in general, every thing that depends on the said countries and lands, with the sovereignty, property, possession, and all rights, acquired by treaties or otherwise, which the Catholick King and the Crown of Spain have had till now over the said countries, lands, places, and their inhabitants; "
Based on this I think Spain does not have a rightful claim to any shipwrecks in
U.S. territorial waters.
Pepper
shipwrecks in the US are tied directly to the Treaty of Paris 1763
although the US was separated from Great Britain with the Declaration
of Independence on July 4th 1776.
Since there was a separation from Great Britain at this time (1776)
why is the Treaty of Paris recognized by the Courts of America and
used in court decisions as follows:
"The Fourth Circuit applied the express abandonment standard to the 1763 Treaty and determined that Spain had not relinquished its rights to LA GALGA. First, although Article XX of the treaty contains "sweeping language of Spain's cession," it never explicitly refers to vessels, warships, shipwrecks, or frigates."
Article XX does include the Bay of Pensacola (Tidal Water) as well as all that
Spain possesses on the continent of North America etc..., including property,
possession and *all* rights, acquired by treaties or otherwise and cedes
and guaranties, in full right, to his Britannick Majesty.
Article XX states:
"XX. In consequence of the restitution stipulated in the preceding article, his Catholick Majesty cedes and guaranties, in full right, to his Britannick Majesty, Florida, with Fort St. Augustin, and the Bay of Pensacola, as well as all that Spain possesses on the continent of North America, to the East or to the South East of the river Mississippi. And, in general, every thing that depends on the said countries and lands, with the sovereignty, property, possession, and all rights, acquired by treaties or otherwise, which the Catholick King and the Crown of Spain have had till now over the said countries, lands, places, and their inhabitants; "
Based on this I think Spain does not have a rightful claim to any shipwrecks in
U.S. territorial waters.
Pepper
