Odyssey Marine Exploration, Inc. v. The Unidentified Shipwrecked Vessel

Filing 138

RESPONSE to motion re 131 MOTION to dismiss Amended Complaint or for summary judgment filed by Odyssey Marine Exploration, Inc.. (Attachments: # 1 Appendix Index of Exhibits to Odyssey's Response to Spain's Motion, # 2 Exhibit A-1 Kingsley Part 1, # 3 Exhibit A-2 Kingsley Part 2, Annex 1, # 4 Exhibit A-2 Kingsley Part 2, Annex 2, # 5 Exhibit A-2 Kingsley Part 2, Annex 3, # 6 Exhibit A-3 Kingsley Part 3, Annex 4, # 7 Exhibit A-3 Kingsley Part 3, Annex 5, # 8 Exhibit A-3 Kingsley Part 3, Annex 6, # 9 Exhibit A-4 Kingsley Part 4, Annex 7, # 10 Exhibit A-5 Kingsley Part 5, Annex 8, # 11 Exhibit A-4 Kingsley Part 4, Annex 9, # 12 Exhibit A-5 Kingsley Part 5, Annex 10.1-10.2, # 13 Exhibit A-5 Kingsley Part 5, Annex 10.3-10.6, # 14 Exhibit A-5 Kingsley Part 5, Annex 11, # 15 Exhibit A-6 Kingsley Part 6, Annex 12 to 13.1, # 16 Exhibit A-7 Kingsley Part 7, Annex 13.2 to 13.3, # 17 Exhibit A-8 Kingsley Part 8, Annex 13.4 to 13.7, # 18 Exhibit A-9 Kingsley Part 9, Annex 14, # 19 Exhibit A-10 Kingsley Part 10, Annex 15, # 20 Exhibit A-11 Kingsley Part 11, Annex 16, # 21 Exhibit A-11 Kingsley Part 11, Annex 17, # 22 Exhibit A-11 Kingsley Part 11, Annex 18, # 23 Exhibit A-12 Kingsley Part 12, Annex 19, # 24 Exhibit A-12 Kingsley Part 12, Annex 20, # 25 Exhibit a-13 Kingsley Part 13, Anex 21, # 26 Exhibit A-13 Kingsley Part 13, Annex 22, # 27 Exhibit B Sinclair, # 28 Exhibit C Etchevers, # 29 Exhibit D Stemm, # 30 Exhibit E-1 Carlisle Part 1, # 31 Exhibit E-2 Carlisle Part 2, Annex 1, # 32 Exhibit E-2 Carlisle Part 2, Annex 2, # 33 Exhibit E2- Carlisle Part 2, Annex 3, # 34 Exhibit E-2 Carlisle Part 2, Annex 4, # 35 Exhibit E-2 Carlisle Part 2, Annex 5, # 36 Exhibit E-2 Carlisle Part 2, Annex 6, # 37 Exhibit E-2 Carlisle Part 2, Annex 7, # 38 Exhibit E-2 Carlisle Part 2, Annex 8, # 39 Exhibit E-2 Carlisle Part 2, Annex 9, # 40 Exhibit E-3 Carlisle Part 3, Annex 10, # 41 Exhibit E-3 Carlisle Part 3, Annex 11, # 42 Exhibit E-3 Carlisle Part 3, Annex 12, # 43 Exhibit E-3 Carlisle Part 3, Annex 13, # 44 Exhibit E-3 Carlisle Part 3, Annex 14, # 45 Exhibit E-3 Carlisle Part 3, Annex 15, # 46 Exhibit E-3 Carlisle Part 3, Annex 16, # 47 Exhibit E-3 Carlisle Part 3, Annex 17, # 48 Exhibit Ej-3 Carlisle Part 3, Annex 18, # 49 Exhibit e-3 Carlisle Part 3, Annex 19, # 50 Exhibit E-3 Carlisle Part 3, Annex 20, # 51 Exhibit E-4 Carlisle Part 4, Annex 21, # 52 Exhibit E-4 Carlisle Part 4, Annex 22, # 53 Exhibit E-5 Carlisle Part 5, Annex 23, # 54 Exhibit E-5 Carlisle Part 5, Annex 24, # 55 Exhibit E-5 Carlisle Part 5, Annex 25, # 56 Exhibit E-6 Carlisle Part 6, Annex 26, # 57 Exhibit E-6 Carlisle Part 6, Annex 27, # 58 Exhibit E-7 Carlisle Part 7, Annex 28, # 59 Exhibit E-8 Carlisle Part 8, Annex 29, # 60 Exhibit E-9 Carlisle Part 9, Annex 30, # 61 Exhibit E-9 Carlisle Part 9, Annex 31, # 62 Exhibit E-10 Carlisle Part 10, Annex 32, # 63 Exhibit F-1 Flayhart, Part 1, # 64 Exhibit F-2 Flayhart Part 2, Annex 1, # 65 Exhibit F-2 Flayhart Part 2, Annex 2, # 66 Exhibit F-2 Flayhart Part 2, Annex 3, # 67 Exhibit F-2 Flayhart Part 2, Annex 4, # 68 Exhibit F-2 Flayhart Part 2, Annex 5, # 69 Exhibit F-2 Flayhart Part 2, Annex 6, # 70 Exhibit F-3 Flayhart Part 3, Annex 7, # 71 Exhibit F-3 Flayhart Part 3, Annex 8, # 72 Exhibit F-3 Flayhart Part 3, Annex 9, # 73 Exhibit F-3 Flayhart Part 3, Annex 10, # 74 Exhibit F-3 Flayhart Part 3, Annex 11, # 75 Exhibit F-4 Flayhart Part 4, Annex 12, # 76 Exhibit F-4 Flayhart Part 4, Annex 13, # 77 Exhibit F-4 Flayhart Part 4, Annex 14, # 78 Exhibit F-4 Flayhart Part 4, Annex 15, # 79 Exhibit F-4 Flayhart Part 4, Annex 16, # 80 Exhibit F-4 flayhart Part 4, Annex 17, # 81 Exhibit F-5 flayhart Part 5, Annex 18, # 82 Exhibit F-5 Flayhart Part 5, Annex 19, # 83 Exhibit F-5 Flayhart Part 5, Annex 20, # 84 Exhibit F-5 Flayhart Part 5, Annex 21, # 85 Exhibit F-5 Flayhart Part 5, Annex 22, # 86 Exhibit F-5 Flayhart Part 5, Annex 23, # 87 Exhibit F-5 Flayhart Part 5, Annex 24, # 88 Exhibit F-5 Flayhart Part 5, Annex 25, # 89 Exhibit G Goni Etchevers and Fuentes Camacho, # 90 Exhibit H Tedesco, # 91 Exhibit I Tsokos, # 92 Exhibit J Amrhein)(Von Spiegelfeld, Allen)

ANNEX 13

RODNEY CARLISLE, PH. D.

Antonia Heredia Herrera, Documents of the Correos Maritimos Page 858 La Habana becomes a distribution center of sealed letters sent in balandras and paquebotes to Veracruz, Tierra Firme and Peru. In the course of the paquebote to La Habana the mail will be dropped off, without stops, in Puerto Rico and Dominican Republic. Direct communication is soon established between Buenos Aires and the Galician Port with departures every two months. The birth of the maritime mail will affect the Administrative Treasury Department in Indies and the peninsula. Between 1765 and 1769 it is incorporated to the Crown the higher Postal Service in America and matters of competition arise from matters of trade and navigation. To elude jurisdictional matters and to liberate the Council of Treasury from the many administrations that pestered them, a Supreme Court or Royal Postal Committee of Spain and the Indies is created in December 20, 1776, presided over the General Supervisor of Postal Mail and composed by four ministers (one from the Council of Castilla, another one from the Guerra, another one from Indies and the fourth one from the Treasury); the general Directors, ministros de capa y espada from the Treasury Council, the accounting General as Secretary and the Treasury General. First of all the sub-delegates of the General Supervisor of Spain and the Indies will be know. In 1777 the Royal Bylaws of the Maritime Mail is published and it is established in Madrid the Postal General Management. According to the text of such bylaws there will be a main Administration in La Habana, where the tax treasury, being subordinates Santa Fe, Veracruz, Mexico, Guatemala, Cartagena, Puerto Rico y Santo Domingo. Buenos Aires remains aside. A milestone in the history of the Maritime Mail will be the incorporation of such to the Royal Navy by disposition of the prince of peace in April 6, 1802, maintaining the State Department the management of the dispatch of the journeys (quantity, time of departure, etc.) and being the crafts in charge part of the Ministerio Marina Merchant Navy. They should request the ships, the quantity and the class one year in advance. Page 859 Another result of this new situation will be that all of the arsenals bound to the rental will be dependant of the Royal Navy gathering in the Department of Ferrol everything bound to this service.

The maritime mail was not limited to the delivery of the mail, but it also served as means of transportation for those that could send goods and money after the payment of freight. Since the establishment of the Maritime Mail it was useful that the freights of goods that the individuals would send to La Coruña in the mail frigates would be charge and paid in the currency of the country or (macuquina) until 1790 when it is established that it must be paid in pesos fuertes or reales de plata. On the other hand, the transport of the passengers would be paid in pesos dobles being billed at the departure port. The Maritime Mail will play an important part during the transport of the troops at the end of XVIII. For informational purpose I will provide with some examples of mail cargo. In 1783 the frigate (Lanzorete) on its route from Montevideo to La Coruña shipped: two passengers, 1618 pieces of leather, 100.974 pesos coins from individuals and 274 in taxes; in 1784 the frigate (Infanta) in its same voyage carried: 7.957 pieces of leather, 30 arrobas (750 lbs) of fat, and 52.554 pesos fuertes. In 1789 the quantities were increasing with high sensitivity in the frigate (Princesa) which came from Montevideo; there were registered 6.261.982 reales de vellón and in 1791 the same frigate carried 8.919.802 reales de vellón. And as global date for the thirteen years coming from La Habana and Buenos Aires were registered 410.988.451 reales. Also as indicative, the volume of the shipped mail. In 1785 (La Cantabria) transported 978 single letters, 150 double, 27 triples, 57 of peso, 130 francs and 9 certificates and in 1784, the Rey carried 707 singles, 66 doubles, 9 triples, 17 pesos, 97 francs and 1 certificate. Page 865 Beforehand it is necessary to leave certain that the leading articles in this Section are not limited to the formalities of the maritime mail, but also to the ground mail that from their incorporation and reorganization by the Crown are intimately involved and coordinated with those. Along the mail kept with main administrators we will confirm the desire to settle the arrivals and departures of the maritime and ground mail. By creating a classification chart of the series in this section we have been able to distinguish the following that are repetitive and specific of the first group of the oversea

Administrations: Mail from the Treasury Administrator Files Accounts

Statements of Mail and Cargo Guides But there are more like those of Journals, Passports or Orders that we find in the third group as in the Administrative Documents. The series are totally interrelated, to the point that in many cases there are bundles of papers that contain specific documentation of all the series. At the time of reorganization of the Mail Section the differentiation was complex. Often, the accounts, the mail statements or the personal articles are found along with the series of mail jointed (attached) to the letters. On the other hand, the series of files is initially similar to that of the mail, but given the Episcopal insistence and its volume about a theme it has been reunited a package with its own entity. At the beginning a difference between one series and the other did not exist, but it seems fair to make the separation to be able to make summary comparisons between the content of the files of which the information can be incorporated to the contents that complete the inventory that we are about to finalize. Surely what we can continue to do is an analysis of the different documentary typologies in the Mail Section. Mail The series of mail gathers the original letters sent by the main Administrators to the General Directors of Taxes in Madrid or to the Administrator in La Coruña, along with the answers in rough drafts, like the mail between the main Administrators with the secondary or regional. There are letters from several governors and other authorities addressed to the General Management in Madrid, regarding matters of mail. The information available regarding these series is very broad, including the small details of the founding and the organization of the ground mail which was under the command of an Administrator who also controlled the issues that came from the journey and from the cargo merchandise that was transported by the paquebotes in addition to the letters. News regarding the departures and regularity of the mails, about the coordination of the maritime with the ground mail, about the amounts and the modification of the ports, about the building of post offices, about the situation of personnel: appointments, salaries, incentives, uniforms, etc., about the creation of post offices, routes; about the consequence of the international events during the course of the taxes, like the declaration of war to England in 1779 that does not become public until September 8 and that stopped the admission of the wealth and cargo in the paquebotes and as a result of this war the appearance of problems of altruism by allowing that the letters and messages could travel aboard warships and merchant ships and the jurisdiction problems and competition between captains and frigates with the navy captains, since they were not subject to taxation and their officials to the navy's jurisdiction. The history of the administration, its operations, its tariff and the merchant aspects related to the mail can be followed step by step through the mail which at the same time provides

us with interesting current events and from the involvement in them from the administrative personnel, such as the rebellion and imprisonment of Tupac Amaruc. Frequently they would come with the letters ­certificates to get out of the mail- issued to the name of the main administrator once the statutory installment had passed: the maritime mail as well as the belated ground mail would be opened in presence of the officials of the dependence and proceeded to count and opening, after the separation the ones that contained documents these would be burned in the backyard of the Administration.

Page 867 Files There is very little to be added to what was said earlier. The majority regarding their main information and translated in the general contents has been identified. The visitor's files are particularly interesting due to the details that each one of the post offices offers; from the distances between one and the others and whom and how many serve them. Accounts This series is composed, for the most part, by the Accounts Administration, the difficulty and the objections imposed by the Accounting General and other documents about the tax accounting. Every account corresponding to a chronological period (quarterly, bi-annual and most commonly annual) is incorporated by the relationship under formal oath made by the Administration General and directed to the Postal General Accounting of Madrid, along with the written proof and receipts of those. Every account gathers the biased of the added administrations and subordinate mail. In specific administrations such as Buenos Aires, the relationships under oath are three, corresponding to three different branches: the mail, the trade and the boats, and also subdivided in two, maritime mails and ground mail. In the relationship under oath under the first branch the responsibilities are as follows: the values of the letters and messages and the certificate's rights, and to date: payments, salaries to employees, and the rent of the house and material cost. In the relationship of the second branch (boats) it is broken down the importance of the responsibility of the private charters and passengers, and to date: the repairs of the paquebotes and the import of the carenas. In the third relationship

under oath (trade) it is detailed in the responsibilities of the transactions of the goods sold for tax benefits, detailed paquebotes, and to date the charges of the transportation by motorboat, and the maritime taxes, etc. Page 868 The majority of the time, however, there is only on concept for the taxes broken down in responsibilities and date in which are represented all the specifications that were mentioned earlier. The Administrative accounts of Bilbao are limited to those of construction and boat equipment for the mail. The Values of the Mail Statements Wealth Relationships and private items Settlement of the wealth close to the Crown The first, called the same way or simply the statements of mail, are a description of the letters sent to America or to the peninsula in each paquebote, from Coruña to Buenos Aires. It is listed in them the amount of the postage, according to their class (single, double, triple) and its destination. The names of the passengers, if any, are listed as well.