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                    <text>A Geographic Analysis of Traders and Trade Goods in Japan’s
Late Medieval Seto Inland Sea
Michelle Damian
University of Southern California, Department of History, Social Sciences Building
(SOS) 153, 3502 Trousdale Parkway, Los Angeles, CA 90089-0034
USA
Email: mdamian@usc.edu
Abstract
This paper will discuss ongoing research into the flow of both goods and people in
medieval (14th - 16th centuries) Japan’s Seto Inland Sea area. Prior to colonialism
and contact with the West, there was already a complex, well developed maritime
network in place within Japan that has received little attention. Understanding the
extent of the domestic trade network reveals the thriving trade between
communities within the Inland Sea, in conjunction with the better known courtcentric tribute and tax system. Examining archaeological and written records
concerning trade goods and collaboration among ships’ captains provides a clearer
understanding of the networks and developments in this region. Although the
foundation for much of this research comes from the documentary record,
incorporating the archaeological evidence into a GIS (Geographic Information
Systems) database paints a fuller picture of the networks within the Inland Sea
before contact with the West.
Key words: Medieval Japan, Maritime shipping, GIS (geographic information
systems), Trade routes, Bizen pottery
Introduction
Japan has traditionally been considered a “closed country,” seen as almost entirely
removed from any interactions with the rest of the world until contact with the
Portuguese in the sixteenth century. Scholars therefore tend to omit discussion of
Japan’s role in Asian trade and ignore the established trade networks within the
archipelago itself. Janet Abu-Lughod’s Before European Hegemony, though
generally an excellent introduction to medieval trade routes beyond Europe,
completely excludes Japan even though she devotes an entire chapter to Asia.
Official documents clearly show trade connections with China and Southeast Asia
throughout the premodern era, and mainland pottery and other goods are regularly
1

�excavated throughout archaeological sites in Japan1.

Much of the medieval

documentation of the domestic trade, though, shows goods coming from the
periphery to the central court in the Kyoto region. While these connections are
important to note, it ignores the role played by trade hubs in the provinces on the
cusp of contact with the West. Understanding those domestic trade routes will
eventually help clarify the role that smaller ports en route to the capital region
would have played in transporting foreign goods. Through a geography-based
analysis of the domestic trade routes in late medieval Japan, it becomes apparent
that the connections and collaborations between different local ports and ship
captains facilitated a thriving local trade.
Sources and Methodology
Though few trade-related documents from the medieval period have survived the
centuries, one set of port records provides much information about Inland Sea
shipping. The Records of Incoming Ships at the Hyōgo Northern Checkpoint
(Hyōgo Kitaseki Irifune Nōchō, below, Records) record data for over 1900 vessels
that passed through the checkpoint at Hyōgo, today part of Kobe City, in 1445 and
the first two months of 1446 (Hayashiya, 1981). Each dated entry notes the port of
registry of the ship, the type and volume of cargoes carried, the taxes levied on the
items and dates collected, the name of the ship’s captain and the name of the
warehouse manager that handled the incoming items2. As the records show the
flow of goods from the provinces to Hyōgo, gateway to the central court region of
Kyoto, this collection has been very useful in learning about center-periphery trade
relations. By analyzing the imports through a geographical lens, though, the focus
becomes on the roles of the provincial ports. From there it is possible to learn more
about the connections between those provincial ports and understand more about
regional trade networks.
Sets of maritime regulations (Kaisen shikimoku or kaisen taihō) also reveal
additional information about seafaring practices in the medieval period 3. The dates
of these regulations are disputed, as the language used and the age of the extant

2

�copies suggest a late 16th century author but the dates on the documents
themselves are from 1223. Even if they were written in the later era and predated
to suggest an established precedent, however, their widespread recopying implies
that though the written codification came later, the practices themselves were likely
already widely followed. Other information about medieval trade comes from the
archaeological record. Unfortunately in many cases there is little archaeological
signature for the items noted in the Records, particularly for consumables such as
rice, salt, and marine life. Site reports from locations along the Inland Sea help
paint a richer picture of the flow of other items such as pottery or iron. Incorporating
both the documentary information from the Records with the archaeological
evidence into a GIS (Geographic Information Systems) database helps highlight
the patterns of trade throughout the Inland Sea, suggesting new relationships
between the locales and revealing some previously lesser-known trade hubs.
Trade Routes: Commodities
The Records note nearly ninety different cargoes being shipped throughout the
Inland Sea in 1445. As it is impossible to discuss all of them in depth, this paper
will focus on trade patterns for salt, the most traded commodity in the Records, and
pottery, best representative of the archaeological signature. Since salt was
recorded usually noting its production point (“Aga salt,” “Mihara Salt,” “Bingo Salt,”
etc.), it is relatively easy to identify the different shipping routes. Even though (Fig.
1) reflects a large amount of data, the overall color distribution indicates that the
salt often was shipped directly to Hyōgo from a port close to its point of production.
Mihara salt came from the ports on Awaji Island near the port of Mihara, Katamoto
salt from Sanuki province ports near Katamoto, and so on. Looking only at ports
that shipped more than five hundred koku (1 koku = approximately 330 lbs) of salt
to Hyōgo over the year, however, reveals further information about transshipment
trends (Fig. 2).

3

�Fig. 1 All salt shipments in the Records (Michelle Damian)

Fig. 2 Ports shipping more than 500 koku of salt in the Records. (Michelle Damian)

4

�One of best examples of an unexpected
transshipment hub is Takasaki. Particularly in
comparison to its neighbor ports of Onomichi
and Setoda, Takasaki was not a major port. It
shipped to Hyōgo only about one-third to onequarter of the total amount of goods sent by
either Setoda or Onomichi. Yet even Takasaki
shipped a smaller quantity of items, it served as
a transshipment point for Suō salt, produced in
Suō province west of Takasaki. The ports of

Fig. 3 Shipments of cloth in the Records.
(Michelle Damian)

Tomita, Yanai, and Kaminoseki, actually located in Suō, sent less Suō salt to
Hyōgo than the six hundred koku shipped from Takasaki in Aki province. The
absence of Suō salt in other ports east of Takasaki strongly suggests that Takasaki
was the primary destination for ships carrying that cargo. After those ships
offloaded their cargo there, it was then in turn sent to Hyōgo. Takasaki’s role
becomes even more interesting when other goods and locations are also
considered. Cloth often was brought to Japan from the mainland via Kyushu. When
mapping the shipments of cloth to Hyōgo in the records, Takasaki and the adjacent
Kamagari are apparent as the major suppliers, with Sakihama a distant third (Fig.
3). In considering rice shipments as well, the only port shipping Kyushu rice to
Hyōgo is Kamagari. A fourth product named nikomi in the Records is shipped to
Hyōgo only from Moji and Kamagari4. Other ports noted in the Records that are
closer to Kyushu, including the adjacent ports of Shimonoseki and Moji as well as
all of the other Suō province ports, were bypassed by the Kyushu products in favor
of the further Takasaki and Kamagari, but did not go as far as the much heavier
trafficked Onomichi and Setoda. One possible reason for Takasaki and Kamagari’s
favored role may have been an attempt to protect cargo shipments. The seas
around the islands immediately to the west of Takasaki are home to strong currents
and treacherous waters. Moreover, slightly southwest of Takasaki but east of

5

�Setoda were islands inhabited by pirate clans as early as the mid-1300s
(Shapinsky, 2005: 147). In the Records, ships coming from the western ports were
generally larger but less frequent than their counterparts from the eastern ports.
Their captains would therefore have had to maneuver their large ships through
dangerous shoals with which they were less familiar, and needed to defend against
piracy to boot. Transshipping at Takasaki or Kamagari would have allowed them to
transfer their goods to captains in smaller ships that were more familiar with the
waters, without crossing over the more treacherous areas to Onomichi and Setoda.
Items that allow the incorporation of the archaeological record into the analysis
provide much more information about the spread of trade goods throughout the
Inland Sea. The most obvious of these is in the analysis of pottery. The Records
alone note that small jugs (tsubo), were shipped to Hyōgo from Sakai, Katakami,
and Inbe (Fig. 4). Suribachi, a shallow bowl used in cooking, were shipped only
from Jige, and only once throughout the entire year of records. There is a notation
in one shipment from Ushimado that records six suribachi as part of the taxes
levied on a shipment of sesame seeds, but as this was not recorded as part of the
official taxable cargo it is an unusual case, and cannot necessarily be factored into
the analysis of the
typical

cargo

shipments. While the
type

of

pottery

unspecified
Records,
volume of

in
the

is
the

total

shipping

from the Bizen area
(including

the

Katakami and Inbe
kilns) and the kiln
ruins from the Inbe

Fig. 4 Bizen pottery in the Records and in archaeological evidence.
(Michelle Damian)

6

�area strongly suggest that the majority if not all of the pottery was Bizen ware
(San’yo, 1978: 62)5. The pottery coming from Sakai is more questionable, but the
pottery was brought in on the same boat that contained Kojima salt, also on the
Bizen peninsula. This suggests that that vessel also visited or was shipping items
from Bizen, and could therefore have been transporting Bizen ware to Hyōgo as
well.
While the Records provide information about the flow of Bizen pottery from its
production point to Hyōgo, it is only a small part of the entire picture. In looking at
archaeological site reports along the Inland Sea, the presence of Bizen ware is
ubiquitous. Excavations in terrestrial settlements in Bingo province (Onomichi,
Kusado Sengen), Sanuki (Nohara, Michi-shita site), Harima (Aboshi, MurotsuHyōgo)6, and even far inland in Aki (Yoshikawa Genshun site) reveal significant
amounts of Bizen ware, ranging from suribachi cooking dishes, to tsubo jars, to
larger vats and other implements.

Underwater recoveries, which were not

systematic excavations but simply pottery discovered through serendipity such as
being caught up in fishing nets, also dot the Inland Sea. These are mostly located
in the central inland sea area at sites near Naoshima, Aji, and Kugui-no-oki, and
likely are the remnants of either shipwrecks or jettisoned cargo. The final type of
site is represented only by Mizunoko-iwa, which was a shipwreck site that yielded
nearly two hundred pieces of Bizen pottery (San’yo, 1978: 80-81).
Looking at the sites alone certainly suggests a wider variety of usage for Bizen
ware throughout the inland sea. Not only flowing from the production point east to
Hyōgo and the central court, Bizen ware was also shipped out to destinations far
west of the kilns. More Kamakura and Muromachi-era Bizen ware has been
discovered on Honshu than on the western areas of Shikoku, possibly suggesting
more direct interaction with the former area. Two sites are of particular interest. The
first is Aboshi in Harima, a destination in between the kilns near Inbe and the
checkpoint at Hyōgo. A number of pieces of Bizen pottery from the 15th century
were found here, especially larger vats (kame) (Nakagawa, 2008: 119). They show

7

�evidence of use, and as such were likely imported to Aboshi as a final destination
(Nakagawa, 2008: 124). Large numbers of pottery found in one area with no signs
of usage would have been more likely to indicate a transshipment location. The
information from the Records shows Aboshi as a small-to-medium sized port,
sending sixty two ships to Hyōgo over the course of the year, most of which carried
less than 100 koku of goods. It does not appear to have been a major source of
transshipping based on traceable goods, but the evidence of Bizen ware used in
Aboshi still suggests that there was direct trade happening with other estates along
the Inland Sea. Instead of being a commercial center for incoming and outgoing
goods, though, Aboshi was mainly an import destination.
The second significant archaeological site is the shipwreck at Mizunoko-iwa.
Located approximately six kilometers offshore of Shōdoshima, it is one of the only
underwater discoveries of a Muromachi-era shipwreck site to date. Though the
ship itself has been lost to the elements, the pottery cache recovered yielded 35
large jars (kame), 71 large jugs (tsubo), 14 small jugs (tsubo) and 66 cooking
bowls (suribachi), totaling 189 objects. This provides at least a minimum
representation of the number and types of items that would have been shipped
longer distances. The ship’s intended final destination is unknown, though it may
have been the Kumano area on the Kii peninsula. Bizen ware has often been
discovered along the coast of Wakayama prefecture, and the wreck site places a
ship leaving the kilns at Katakami and Inbe squarely along that route (San’yo,
1978: 65). The first archaeological evidence of ballast stones used on ships also
comes from the Mizunoko site. Although the origin of the ballast stones has not yet
been identified, studies have shown that they were not from the region near the
kilns, which suggests that the vessel had loaded them at yet another port possibly
from the Kishū or Shikoku area (San’yo, 1978: 87-88). The likely route of the
voyage from Bizen directly to Kishū, as well as the combination of Bizen ware and
ballast from a different location, suggests the direct interaction between two

8

�removed locales, further demonstrating the wide range of domestic ties and trade
routes.

Trade routes: People
The maritime regulations suggest that voyaging together was a common
occurrence. Several articles refer to the responsibility of one boat to lend aid to
another in trouble, or to rescue individuals in the case of a shipwreck. As the
regulations also suggest disputes in the case of allocating profits when cargo was
lost or ships were damaged, it is possible that sailors traveling together also acted
as witnesses to provide evidence to settle those disputes (Shinjō, 1994: 777). The
Records note 171 vessels as edabune (“branch ships”), a term used in the
maritime regulations as referring to an accompanying ship on a voyage 7.
Understanding that this was a common practice further suggests stronger ties
between individual captains. With common Japanese names such as Tarō Jirō or
Shirō Gorō – roughly equivalent to trying to research the backgrounds of captains
named “Bob” or “Joe” in the English world – and no other corroborating records,
scholars have assumed that the captains in the Records were generally
untraceable. Captaining a ship is a particular skill, though, particularly in the
sometimes treacherous waters of the Inland Sea. In a finite geographical area, it is
highly unlikely that there were multiple men with the same names plying the waters
simultaneously. Examining the captain’s names through a geographic lens reveals
that these individuals were indeed traceable and furthermore highlights
collaboration between captains in their voyages. The voyages of Hyōe Tarō are an
excellent example of one such ship captain’s network in play. His name appears
associated with nine ships registered in Matsue, eight in Mihara, and three in
Ushimado (once as primary and twice as secondary captain) (Fig. 5). The ships
often arrive within one or two days of each other, and in one case a Hyōe Tarōcaptained vessel from Matsue and Mihara arrive on the same day. Since the same

9

�individual could not be physically captaining both vessels, at first glance it seems
impossible that this was the same individual in every case.

Fig. 5 Ports affiliated with Hyōe Tarō and his extended network.

Considering the names of the captains of other ships that arrived in Hyōgo on the
same days, though, the question becomes more complex. The same names
appeared regularly, hailing from nearby ports – Yura, Murotsu, Hibi, and the same
Matsue, Mihara, and Ushimado, though the majority were registered to Mihara.
The table below details the names of the accompanying captains and the ports
they were registered to, along with the type (Matsue, Mihara, or Ushimado) of
Hyōe Tarō-captained vessel that they arrived in Hyōgo alongside (Table 1).
Regardless of whether Hyōe Tarō’s ships were from Matsue or Mihara, the names
of the accompanying captains were often the same: Emon Gorō, Mata Gorō, Gorō
Tarō and others, mostly from Mihara, accompanied Hyōe Tarō’s boats regularly.

10

�Hyōe Tarō Vessels
Port
# of Boats*
Registry
Matsue
9

Accompanying Vessels
Accompanying
Port Affiliation (s) # of Boats*
Captain
Emon Tarō
Mihara
1
Hibi
1
Gorō Tarō
Mihara
3
Mata Gorō
Mihara
2
Kanimori Tarō
Mihara
3
Taifu Jirō
Mihara
1
Mihara
8
Emon Tarō
Mihara
6
Gorō Tarō
Mihara
3
Mata Gorō
Mihara
2
Kanimori Tarō
Mihara
1
Yura
1
Taifu Jirō
Mihara
1
Emon Jirō
Murotsu
3
Hyōe Jirō
Matsue
2
Ushimado
3
Gorō Tarō
Mihara
1
Emon Jirō
Murotsu
1
Hyōe Jirō
Matsue
2
* “# of Boats” denotes the total number of vessels captained by the same person
from the same port of registry. For example, Hyōe Tarō captained nine total boats
from Matsue in 1445. The captains of the accompanying vessels listed to the right
may have sailed with Hyōe Tarō’s Matsue boats from one to three times, and
sometimes the same individual captained boats registered in different locations
(e.g., Emon Tarō who accompanied Hyōe Tarō’s Matsue boats once on a Mihara
and once on a Hibi boat).
Table 1. Hyōe Tarō boats and networks

In looking at cargo carried, all of the cargo from Hyōe Tarō Mihara and Matsue
vessels as well as their accompanying ships consisted of Mihara salt, with Hyōe
Tarō’s ships often carrying the largest cargo. The Ushimado vessels were
exceptions; when Hyōe Tarō was primary captain it carried rice and in both
secondary captaincies the cargo was Shima salt. With the common cargos
combined with the connections between the individual captains, it seems likely that
this was indeed the same Hyōe Tarō affiliated with all of the ships. The maritime
regulations suggest that the shipowner and ship’s captain could be the same or
could be two different individuals. Hyōe Tarō may have based himself in Mihara
where he was accepted into that network of other ships’ captains, and also owned
11

�boats (or in the Ushimado cases where he is listed as secondary captain, perhaps
shares in vessels) registered in other ports. If Hyōe Tarō were the shipowner but
had someone else piloting his vessel, his name may have been written in the
Records as the person primarily responsible for the ship and its cargo. The fact
that he was an established member of the extant Mihara-based network allowed
his boats from Matsue to join the voyages to Hyōgo, all carrying salt from Mihara.
There are many such examples of captains’ networks that are revealed through a
geographic analysis of individual names in the Records. The implications of this on
the study of medieval Japanese labor practices are worth noting. Skilled workers,
such as the ships’ captains, could be affiliated with ships registered to different
ports in entirely different provinces. Most studies of medieval laborers focus on the
agrarian sector, which were by their nature tied to the land they cultivated.
Examining maritime practices shows that labor mobility may have been more
possible than had been previously thought. In cases such as Hyōe Tarō’s, if he was
indeed the ship owner for the Matsue vessels, it also implies the ability of
individuals to own property in diverse regions – a privilege generally thought to
have been reserved for members of the upper classes. Examining the geographic
ties between the ship’s captains simultaneously suggests the potential for their
mobility and their property owning.
Conclusion
Though this paper focuses on domestic trade routes in medieval Japan before
direct interactions with the Western world began, the principles outlined here are
still relevant to later maritime connections. This analysis demonstrates the
established domestic maritime networks for both people and commodities and
suggests transshipment hubs. Particularly in cases such as Takasaki and
Kamagari, the geographic tracking of the flow of goods shows the role that
relatively smaller ports might have played in transshipping goods from the southern
regions. As Western trade was funneled through the offices in Kyushu, additional
research will show whether those ports continued in their middleman role in

12

�shipping goods to eastern Japan, or whether their importance faded as
infrastructure improved and the threat of piracy was squelched.
The captains’ networks may have been useful in facilitating Western trade as well.
Peter Shapinsky’s analysis of portolans (nautical charts) from early modern Japan
shows their hybrid nature, using a mixture of Western and Asian scripts and
iconographies (Shapinsky, 2006: 5). Further, he suggests that the ships’ crews in
the 16th century were largely a mixture of nationalities and that the captains were
the arbiters of knowledge on board, responsible for the safety of the ship and its
crew and therefore for keeping accurate charts and records (Shapinsky, 2006: 15).
The maritime networks of the inland sea show that collaboration between captains
was already common practice, and could have easily extended their reach in
cooperating with foreign captains in later years. The connections shown through
this geographic analysis, while focused on domestic trade, are representative of
the importance of the Inland Sea region as a shipping center. Privileging the
geography and incorporating both documentary and archaeological evidence into
the analysis further deepens our understanding of shipping and common maritime
practices within medieval Japan.
Acknowledgements
I am grateful for the opportunity to be a part of the panel that Dr. María Cruz
Berrocal and Dr. Mark Staniforth have coordinated. I would like to thank my advisor,
Dr. Joan Piggott, for her support at the University of Southern California. Financial
support from the USC Provost’s Fellowship and the Fulbright Doctoral Fellowship
for research both in the USA and Japan was critical. The Tokyo University
Historiographical Institution and Meiji University both generously opened their
archives to me. I am indebted to many people for their feedback during this
process, but most especially from Dr. Kurt Knoerl and Sachiko Kawai.
Endnote
1

For the purposes of this paper, the premodern era is defined as pre-Tokugawa era (i.e., prior to
1603) and the medieval period refers to the Kamakura through Muromachi/Sengoku periods (1185–
1603). The focus of this paper is largely the late medieval as represented by the Muromachi era
(1337– 1573).

13

�2

The port of registry was not necessarily the beginning point of each boat’s voyage to Hyōgo,
though in many cases it is likely that they were indeed the same.
3
The word “kaisen” literally translates to “ship going from place to place,” and usually refers
specifically to a coastal trade ship. Since some of the articles in the regulations refer to riverboats,
port regulations, and personnel issues, I have chosen to translate this as “maritime” rules or
regulations.
4
The actual meaning of nikomi is unclear. It is thought to have been some kind of fish or marine
good.
5
One kiln in the Furōzan area of Inbe was nearly forty meters long, which based on other
contemporary kilns suggests that it was producing pottery from at least the early Muromachi era
(15th c).
6
Murotsu-Hyōgo is different from the port of Murotsu in the Records. The latter is in Awaji province.
7
Flagships are referred to as honsen/motobune in the maritime regulations. The Records do not
denote any boats as honsen, but do have several “nagabune” (longboat) notations which may have
been another term for flagship.

References
Hayashiya, T., (Ed.), 1981. Hyōgo Kitaseki Irifune Nōchō. Chūo Kōron Bijutsu
Shuppan, Tokyo.
Nakagawa, T., 2008. Ceramics Unearthed at the Furuaboshi Site in Hyogo
Prefecture. Trade Ceramics Studies, Vol. 28: 118–125.
San’yō, S., (Ed.), 1978. Kaitei No Kobizen: Mizunoko Iwa Gakushutsu Chōsa
Kiroku. San’yō Shinbunsha, Okayama-shi, Japan.
Shapinsky, P. D., 2006. Polyvocal Portolans: Nautical Charts and Hybrid Maritime
Cultures in Early Modern East Asia. Early Modern Japan, Vol. 14: 4-26.
Shapinsky, P. D., 2005. Lords of the Sea: Pirates, Violence, and Exchange in
Medieval Japan. PhD Dissertation. University of Michigan, Michigan, USA.
Shinjō, T., 1994. Chūsei suiunshi no kenkyū. Hanawa Shobo, Tokyo.
Michelle Damian has an MA in Maritime Archaeology from East Carolina
University and is currently a PhD candidate at the University of Southern California.
She has volunteered as Exhibits Editor with the online Museum of Underwater
Archaeology (http://www.themua.org) since 2004. Her dissertation focuses on the
maritime cultural landscape of Japan’s Seto Inland Sea, combining both written
and archaeological evidence to explore maritime practices in the late medieval
period (15th - 16th centuries).

14

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                  <text>Research on early modern colonialism in the Asia-Pacific region makes a fundamental contribution to the study of Global History. In the last decades, historians are highlighting the region's relevance in the transformation of global economy through its role in far-reaching trade networks. The early beginnings of colonialism in the region, as well as the role of non-Angloamerican colonial agents in the shaping of modern world have been also highlighted.&#13;
Although these debates have been driven largely from history, archaeology must become more prominent for the study of early modern colonialism in the Asia-Pacific region through the study of consumption patterns, environmental effects, demographic impacts, transformation of gender systems brought about by contact, the role of material culture in these first colonial endeavours, and specifically, the important evidence that maritime archaeology can bring to the fore. It is argued in this session that new lines of evidence and argumentation will be found through a history- archaeology joint collaboration. </text>
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                <text>This paper will discuss ongoing research into the flow of both goods and people in medieval (14th - 16th centuries) Japanâ€™s Seto Inland Sea area. Prior to colonialism and contact with the West, there was already a complex, well developed maritime network in place within Japan that has received little attention. Understanding the extent of the domestic trade network reveals the thriving trade between communities within the Inland Sea, in conjunction with the better known court-centric tribute and tax system. Examining archaeological and written records concerning trade goods and collaboration among shipsâ€™ captains provides a clearer understanding of the networks and developments in this region. Although the foundation for much of this research comes from the documentary record, incorporating the archaeological evidence into a GIS (Geographic Information Systems) database paints a fuller picture of the networks within the Inland Sea before contact with the West.</text>
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                    <text>The Stolen Memory: The Legal Crisis of the Hispanic Sunken Heritage in America
and its causes
José María Lancho
Legalventure, C/Sagasta nº 24, 6º D, Madrid, Spain
Email: Jml@josemarialancho.com
Abstract
The exam of the legal practice related to the Hispanic underwater heritage in the last 10
years in the United States shows that this has been the main resource of a mature
treasure hunter industry in that country; that this industry has developed a specific
discourse denying intrinsic cultural value to the Hispanic historical remains; and that this
discourse has had an influence over the juridical and administrative authorities in the
United States in such a way that legal, academic and media approaches to this
archaeological legacy show an inadvertent but significant discrimination against the
Hispanic Heritage -instead of Heritage of other cultural origins-, with the result that an
important record of American history has been reduced to a mere industry and a
resource for exploitation without requiring a minimal scientific counterpart, constituting
without doubt one of the most serious and consummate problems within the entire
historical record of the American history. In Hawaii in a recent court case, in which a
Spanish galleon appears to be involved, we face the problem of fitting the Hispanic
legacy in America in its legal and academic form, specifically because it brings into
question the fact that Captain James Cook became the first European to discover the
Hawaiian Islands, and makes manifest the extra historical relevance this assumption
still holds. In this paper we deal with legal, historical and social aspects of this issue.
Key words: Hispanic Heritage, shipwrecks, treasure-hunters, national and international
waters, legal approaches
Introduction
The history of the submerged Hispanic heritage in the United States is the story of a
stolen memory. In fact, it is of a memory that can still be robbed and one that has not
had the effective legal protection that it deserves, given the nature of the destruction
done and the irreversible loss of a common and valuable legacy. The scarcity of
academic and scientific debate that this destructive process has meant for the entire
historical registry of the history of the United States is surprising, especially when it
involves a country that is without a doubt the largest archaeological power in the world.
For every meter of marine depth that technology has conquered for mankind, thousands
of square miles of sea bottom have been made vulnerable and unknown areas opened
1

�up to underwater archaeological ransacking. Nevertheless, in the United States that
destruction has been selective. As a matter of fact, a close look into the legal and
administrative practice involved with commercial access to marine archaeological sites
in the U.S. evidences an unquestionable asymmetry in its treatment by virtue of its
cultural origins.
The above statement does not mean that the heritage stemming from other cultural
origins has not been subject to what we can only define as legal plundering, but that in
particular and foremost, the Hispanic cultural heritage –in spite of its special entity-has
been subjected to quite specific aggression supported by concrete supra-scientific
arguments, that have enjoyed scarce legal and judicial reaction in light of the dimension
of

such

destruction, which
we say has had a
numbing effect on
the

American

cultural

and

scientific
conscience as it
regards

the

disappearance of
said

legacy.

Unfortunately,
Admiralty
perspective

Law

Fig. 1 Abraham Ortelius 1570 map. With Los Bolcanes and La Farfana the first

and names applied to Hawaiian Islands. (Biblioteca Nacional de España)

new internal regulations have not served to discourage treasure-hunters, nor have they
provided homogenous rules to regulate activities directed at the underwater cultural
heritage. In spite of the debates that have existed between the various administrations
involved with marine sanctuaries, the different states and the U.S. National and
Oceanographic and Atmospheric Administration (NOAA), and the advances that have
undoubtedly taken place, the situation is such that underwater excavations by treasure-

2

�hunting companies continue to be carried out on shipwreck sites by means of simple
administrative permits that usually end up having no real scientific consequences (Fig.1).
Analysis of the judicial practice in the United States related to the Hispanic
sunken heritage in American waters
My concerns for the weak legal situation of the Hispanic historical heritage in the United
States made me undertake an analysis of the scope of this problem, and part of the
conclusions reached are included herein1. An attempt has been made to explain the
legal situation of the Spanish historical heritage in American waters as a “before and
after” issue after the U.S. Court of Appeals for the 4th Circuit, in its sentence dated 21st
July 2000 concerning the remains of the Spanish frigates “La Juno” and “La Galga”,
ruled in favor of the Kingdom of Spain sovereign immunity2. However, these statements
have not stopped additional jurisdictional activity, or even administrative authorizations,
from favoring the treasure hunters’ looting of Hispanic shipwrecks, whether warships or
any other kind. As a result,
the treasure-hunting industry has basically survived the last 20 years by ransacking the
underwater historical Spanish heritage in the United States. The district Courts reflected
a number of guidelines in their rulings, in all matters related to the adjudication of
archaeological sites that correspond to archaeological guarantees in the protocols
regarding access to the sites. Those guidelines are analyzed as follows:
Type of Legal Action Exercised
Action in rem exercising the finder’s rights and subsidiary right of salvage.
Preliminary Archaeological Design
In none of the cases did the treasure-hunting company provide a project design for the
activity on the site, nor contrasted prior information and background studies about the
shipwrecks.
Scientific Intervention Criteria
· Proposed criteria: None at the point of origin. Treasure-hunting companies have never
set forth any archaeological or research objectives. In all the claims and their related
extensions, there are no descriptions or proposals for specifically-determined
archaeological criteria, methodology or techniques. In some cases there have been
references made to matters of ecological, but not archaeological, impact.
3

�· Prior methodology or techniques required by the Courts: None. The Courts have not
identified or made any references to any internationally-accepted archaeological criteria.
· Archaeological monitoring and supervision established by the Courts: Not found in any
case. The Courts do not demand any site management or maintenance plans.
Scientific results of the excavations
As no archaeological project has been submitted, the Courts have never defined or
proposed any appropriate methods and working techniques.
· Dating and identification methods and on-site documentation: Unknown. Treasurehunting companies go out of their way to hide the shipwrecks’ identity-or delay
disclosing as much information as possible-, especially when of Spanish origin. In the
latter cases, there are no obstacles to obtain excavation rights. However, in 30% of the
cases, the companies stated they knew the identity of the wrecks.
As excavation often entails the destruction of the wrecks, on-site documentation needs
to be produced for any subsequent reconstruction.
· Historiographical analysis of the sunken remains: No scientific reporting. Only
occasionally and with a markedly commercial intent, a non-scientific publication is
produced and the name or identity of the sunken vessel furnished. However, no
requests are made to show proof of its identity.
· Other analysis made of the salvaged materials: None. There are no academic postfieldwork activities. No scientific data is obtained or added to site interventions that may
be associated with the application of any internationally-acceptable archaeological and
scientific methods.
· Guarantees of access and dissemination to the scientific community: None.
· Scientific results published: None. There has been no publication of any scientific
results, except for what could be considered commercial literature aimed at facilitating
the sale of the excavated remains.
These conclusions about the facts involved in the context of legal proceedings in the
21st century give us ample indications of what happened in the 20th century and the
enormous destruction that this industry has brought about.

4

�Norms and standards not applied to the sunken Hispanic archaeological heritage
There is a powerful paradox within the scope of archaeological protection. In the
meantime, United States Courts have been able to establish legal requirements, at least
in theory, granting rights over historical shipwreck sites. That has been the case of Klein
v. Unidentified Wrecked and Abandoned Sailing Vessel (11th Circuit, 1985), which
ruling established that the rescue of historical ships could not entail a greater risk than
to leave the remains on the seabed, and that any excavation should follow clear
archaeological criteria. Along those lines was the ruling in Cobb Coin Company, Inc. v.
Unidentified Wrecked, the only one of its kind regarding the Hispanic heritage, dealing
with the property rights over the historical objects obtained from a Spanish wreck. In
that case the court said: […] there can be no suggestion that federal admiralty
procedures sanction salvaging methods, which fail to safeguard items and the
invaluable archaeological information, associated with the artefacts salved”.
Notwithstanding these statements, in their practical application concerning the
underwater Spanish heritage we can arrive at the following conclusions without the
smallest margin of error:
1) The radical lack of application of any archaeological requirements on the part of
American jurisprudence with regards to excavation of historical shipwreck sites.
2) The non-observance of scientific standards, at least those enjoying minimal
recognition by the international community, and in particular the ones included in the
2001 UNESCO Convention.
The divergence in the American judicial practice concerning the submerged historical
patrimony of Hispanic origin has been radically contradictory not only with the
increasingly-consolidated archaeological principles in academic circles, but also of the
UNESCO itself. Despite this contradiction it is surprising that such divergence has not
been dealt with in American academic debates.
It is enough to point out the internationally-consolidated principle of giving preference to
the in situ conservation of the underwater patrimony, the first of the options that must be
considered prior to the intervention of a shipwreck site, according to Article 1
(fundamental principles) of the International Charter on the Protection and Management
of the Underwater Cultural Patrimony, as ratified by the 11th ICOMOS General
5

�Assembly (1996). That very same criteria is also set forth in Article 2.5 of the 2001
UNESCO Convention. That is, any manipulation or removal that has not been given
prior scientific consideration to its adoption in a subsidiary way to the in situ
preservation is in violation of internationally recognized archaeological criteria.
Notwithstanding, the Courts have allowed the archaeological debate over the access of
treasure-hunting companies to historical shipwreck sites. In the 2004 case of Great
Lakes Exploration Group LLC vs. Unidentified Wreck, the Western District Court of
Michigan (1:04-cv-00375), the court denied the treasure-hunting company its request for
excavation due to its lack of furnishing archaeological guarantees in it. In the matter of
Columbus America Discovery Group vs. Atlantic Mutual Insurance Company (974 F.
2nd 450, 468), the court concludes that the efforts made to protect the historical
element and archaeological value is a factor to ponder in determining the compensation
of a salvage operation. In that case the shipwreck was that of the S.S. Central America,
an American steamer sunk by a hurricane in 1857.
In yet another case, Marex International, Inc. v. The Unidentified, Wrecked and
Abandoned Vessel (4:96-cv-00194-JFN), the U.S. District Court for the Southern District
of Georgia in Savannah granted the exclusive rights on the wreck to Marex because the
company included the following elements in their methodology: compilation of a
historical register of the remains; divers involved had been trained in the use of
archaeological methods and employment of thorough excavation techniques; the use of
a laboratory with the capacity of preserving the salvaged artifacts; and the hiring of
experts to help evaluate and preserve the extracted remains. This matter involved the
S.S. North Carolina, an American ship.
However, despite the wisdom and intellectual acumen shown by the U.S. Courts in
establishing these requirements, when the law is applied to underwater sites of Hispanic
origin, for the most part those Courts not only fail to apply those laws directly, but they
do not demand nor verify any aspects concerning archaeological criteria. This
discrimination or “asymmetry” is even noticed nowadays in non-judicial administrations.
Of over a dozen sites that correspond to historical remains designated by the State of
Florida in the National Register of Historic Places, only two belong to Spanish sunken

6

�ships and are located in already-looted sites, even though dozens more are exploited
annually with the knowledge of the Florida authorities3 (Fig. 2).
Causes: The ideological element in carrying out the law
Once the objective element of the problem is exposed, the significant fact remains that
even the most benign aspects of U.S. norms are not applied in the case of sunken
heritage of Hispanic origin. We then examine the direct ideological causes of this
problem, which in a quantitative and qualitative way could be described as a cultural
genocide, as well as one of the greatest cultural disasters in the 20th and 21st centuries.
There is a generalized and highly-effective discourse throughout the treasure-hunting
industry with respect to the historical patrimony of Hispanic origin, which was expressed
as “The curse of the Black Legend” by the American reporter Tony Horwitz (2006) in
The New York Times.

Fig. 2 Joan Martines 1587 map. (Biblioteca Nacional de España)

Treasure-hunters avail themselves of a brief but efficient “ideological capsule” from both
the Courts and the academic world’s silent majority: the idea that the remains of
Hispanic shipwrecks were tainted by a certain moral deficiency that excluded them from
7

�being considered historical legacies. The end result is that treasure-hunters become the
executing arm of a sort of yellow historicism and retrospective pseudo-justice that
makes archaeological sites incompatible with any inherent historical and scientific value.
We all remember that during the negotiations of the Convention on the Protection of the
Underwater Cultural Heritage some illustrious members of the treasure-hunting family
had no qualms about wearing jewels and personal objects that had been plundered
from shipwrecked marine graveyards.
Even the official reports to the shareholders and third parties put out by companies like
Admiralty Holding Co. (published by the Securities and Exchange Commission in its 8-K
form dated 9th October 2006) carry statements of that kind: “The treasure stolen from
the New World was very important to the King of Spain and it actually sustained the
economy of Spain during the period that it was being taken to Spain”. We are dealing
with quite a generalized phenomenon, which uses the black legend to legitimize the
ransacking of historical underwater remains of Hispanic origins, which thereby negate
the true American historical and archaeological character, and even a moral or legal
nexus with the societies to which those archaeological remains belong. Without a doubt,
it is one of the most grievous cultural attacks that a develop society can perpetrate,
while bearing what is necessarily a de facto extinction of an entire historical register of
American history. Such attacks are similar to censure, book-burning or cultural
assimilationist practices of the 19th and 20th centuries.
“There’s a lot of blood on that gold”, someone in charge of Deep Blue told The
Associated Press as he announced the likely finding of “El Salvador”, whose value was
estimated to be $500 million. The scientific level and methodology that guides the
treasure-hunting companies is thus evidenced. This line of reasoning becomes the
redeeming force behind the precious metal that is the object of looting, while also
destroying the cultural element that stigmatizes it. This argument is proper of the Black
Legend and quite a handy one for ensuring the financial and legal survival of the
treasure-hunting industry. It is equally striking that a discourse based on the reality of a
cultural catastrophe could be so foreign to modern American society that has not been
able to come up with a reply, nor seen enough merit to spark an academic debate. But
what is even more striking is that such a level of discourse is allowed to caricaturize the
8

�history of Hispanic culture in North America, an essential part of the United States’ own
history, which has so effectively used the Black Legend to deny any cultural value to the
pillaged archaeological remains that were originally associated with the –mestizo, of
course-- Hispanic culture in America.
It is this same interchange of ideas that supports the criteria of the Sanctuary of the
Florida Keys, as Pat Clyne (a historic treasure-hunter and executive vice-president of
the Mel Fisher Maritime Heritage society), expressed when he said in a formal meeting
before the Sanctuary authorities: “It is amazing that the very people who seem so
sensitive of the gravesites of their ancestors, these very conquistadors who have…”.
The invocation of a supposed original illegitimacy in relation to the ships’ cargoes, the
previous contextual reference to the Indians’ suffering as a preliminary debate
surrounding the present ransacking activities is practically universal, co-substantial with
this emerging industry’s search for legitimacy. Likewise, it is a way of substituting any
archaeological, cultural value, or moral rights debate, with a nationalist mechanical
discourse. The urgent need for a new discourse is clear (Fig. 3).

History hunters and golden legends: a legal epilogue in Hawaii
Very recently, Kohala Coast Enterprises (KCE) petitioned the District Court for the
District of Hawaii4, to grant exclusive salvage rights for an archaeological site that the
company claims to have discovered on 23rd November 2011. The site corresponds to a
probable 16th or 17th century shipwreck of a Spanish vessel, within navigable waters
off the coast of the Island of Hawaii. The remains were found in an area which lies
within the Hawaiian Islands Humpback Whale National Marine Sanctuary, jointly
managed by the State of Hawaii and the United States, through the National Oceanic
and Atmospheric Administration (NOAA).
Despite the fact that the company asked the judge to keep the location of the site secret
and has also done its best to keep the cultural origin of the archaeological site under
wraps, after consulting with NOAA, this organization issued a document through Malia
Chow, the Sanctuary Superintendent of the Hawaiian Islands Humpback Whale
National Marine Sanctuary, that is one of the most singular and referable works that
9

�could open a whole new era when dealing with sunken heritage from Hispanic origins
that have been targeted by treasure hunters. Some of the aspects and principles listed
in that document include: archaeological preservation, the scientific objective of the
intervention, as well as cooperation and information with the country of origin. However,
the future problems faced by this possible discovery are much larger, as the scarce
repercussion this case is having in the media and academic circles demonstrate. No
doubt the history of the Pacific and its societies has suffered from the relentless
succession of Eurocentric historicisms. Here, I must refer to one of the latest: the AngloSaxonism as a golden legend. The origin and development of this ideology does not
come from long ago: Madison Grant (1916), John Robert Seeley (Bell 2005), Frank
Hankins (1926), Joseph Arthur Gobineau (1853)… All of them describe the necessary
nature of any golden legend: antagonism. This ideological element should not be
minimized when we talk about heritage and its preservation.
Conclusions
No doubt a thorough questioning of the image of Captain Cook as the first European to
set foot on the Islands of Hawaii may affect the historicist vision of that great navigator.
This ideological element exists and I think it is easy to prove it. It is not possible to find
in the English historiography the connection between: (1) the capture of the city of
Manila by the English in 1762, (2) the steal by the last British governor of Manila,
Alexander Dalrymple, of all the Spanish cartography in that city, i.e. more than two
centuries of navigation and cartographical documents in the Southern Seas, (3) the
conception, planning and documentation of Cook's voyages, significantly, by Dalrymple.
My modest contribution to this work is that of identifying Alexander Dalrymple as the
character that locates, works on, translates, classifies and summarizes the centuries of
Spanish cartography in Manila and conceives a project for a British Empire5 that is being
reborn from its ashes after the independence of its American colonies, and to single him
out as the person who hands this decisive material to Cook for his later discoveries.
British historians never linked the maps stolen from Manila to Cook's voyages. The lack
of reference to Dalrymple in British historiography is no accident: the theft of the maps,
the conception of an expedition that would allow reorienting the Imperial impulse
towards the Pacific and the replacement by Cook in the climax of that intellectual
10

�adventure. The Admiralty needed a hero, free of suspicion of espionage, a new man not
encumbered by intellectual debts to an enemy power that had to be replaced. The man
chosen to command the missions to the Austral continent and the Pacific islands is
Cook, a discrete, but talented Master of the royal Armada. At that moment he was not
even a lieutenant. Cartography, exploration, discoveries... the narration of history has
been, and still is, a tool for nationalisms, as the black and golden legends like that of
Lord Sandwich’s conceived how the history of Cook's voyages should be told.
Regardless of whether the ultimate goal is economic or political, it is interesting to
observe how both survive. Can an archaeological discovery question the iron-clad
axioms of the golden legend? Despite the communication from NOAA, the reach of the
possible above-mentioned discovery in Hawaii has gone unnoticed by the academic
world. As for the press, it will have to decide if it is willing to question the North
American identity, overrule Anglo-morphism as an ideology and challenge its own
identity. All this, as usually happens around the limits of knowledge, will be limited by
prejudice.
American waters have become a modern-day mythological River Lethe for a people and
a historical record, the common heritage of the North-American and Hispanic peoples.
There is a powerful and prevailing prejudice that affects the North-American scientific
community and keeps American laws and legal practice from guaranteeing that a
submerged archaeological site that corresponds to a shipwreck of Spanish origins may
enjoy the maximum legal guarantees and protection, in line with American laws. Let the
old verses of Homer serve as a warning to an American nation that accepts the sociallytainted fruit of the science of the forgotten: “Whoever tasted the soft sweetness of the
lotus fruit, no longer thought about exploration nor returning home…”.
Acknowledgements
The author takes this opportunity to gratefully acknowledge the assistance of Agustin
Rodriguez Gonzalez and Mrs. María Cruz Berrocal for their invaluable help and
guidance.
Table of cases
· Grumpy v. Unidentified Vessel, United States District Court for the Eastern District of
Louisiana, 93-CV-26210H.
11

�· BDJ Discovery Group v. Shipwrecked Vessel Filed: September 23th, 2005 as
4:2005cv00122.
· Sub Sea Research v. Unidentified Wrecked U.S. District Court Southern District of
Florida 4:04cv10119-KMM.
· Sub Sea Research Vessel, et al. v. Abandoned Vessel, et al. 4:02CV10068.
· Marine Salvage, Inc District Court Southern District of Florida 04-22679
· Cobb Coin Company, Inc v. Unidentified Wrecked and Abandoned Mailing Vessel 525
F. Supp. 186, 208, 1983 AMC 966 (S.D. Fla 1981).
· EURISCO CORP v. The Unidentified, Wrecked and Abandoned Sailing Vessel 9810002 CIV-KING.
· Bradley Williamson v. The unidentified, Wrecked and Abandoned Vessel, 9:07-cv81030-KAM.
· Bradley Williamson v. The Unidentified Wrecked and Abandoned Vessel
9:2008cv80106.
· United States District Court Middle District of Florida (Tampa Division), Odyssey
Marine Exploration, Inc v. Unidentified, Shipwrecked Vessel/The Kingdom of Spain, The
Republic of Peru, Case n°8:07cv00614-SDM-MAP, doc 270, 3 June 2009.
· United States Court of Appeals for the Eleventh Circuit, Odyssey Marine Exploration,
Inc. v. Kingdom of Spain, Case n°10-10269, document n°8:07cv00614-SDM-MAP, 21
September 2011.
Endnote
1

The conclusions were presented at the Royal Academy of Jurisprudence and Legislation, December
18th 2012.
2
Sea Hunt, In c.v. The Unidentified Shipwrecked Vessel or Vessels, 221 F.3d 634,638, 642 (4th Cir.
2000)
3
It is only right and just to recognize the moral and scientific solvency of the State of Texas authorities in
the “Platoro” matter, and the archaeological efforts made versus the court’s criteria
4
Kohala Coast Enterprises, LLC vs. The Unidentified, Shipwrecked Vessel, District Court for the District of
Hawaii CV12-00552 SOM-RLP.
5
In his book “An account of the discoveries made in the South Pacific Ocean, previous to 1764”
(Dalrymple, 1767), in page VII and ss, there is an explanation by the author himself. In fact Dalrymple
was elected to membership in the Royal Society (1771) as a result of his translations “of voyages to the
South Seas &amp; other places from Spanish”.

References
Bell, D., 2005. Unity and Difference: John Robert Seeley and the Political Theology of
International Relations. Review of International Studies, Vol. 31 (3): 559-579.
Dalrymple, A., 1767. An account of the discoveries made in the South Pacific Ocean,
previous to 1764. Dalrymple, A, London.
Gobineau, J. A., 1853. Essaisurl´inégalité des races humaines. Librairie de Firmin Didot
Freres, Paris.

12

�Grant, M., 1916.The Passing of the Great Race. Geographical Review, Vol. 2 (5): 354360.
Hankins, F., 1926. The Racial Basis of Civilization; a Critique of the Nordic Doctrine.
Alfred A. Kanopf, New York.
Horwitz, T., 2006. Immigration - and the Curse of the Black Legend. The New York
Times, July 9.
José María Lancho Rodríguez (Madrid, 1970) is a Spanish lawyer expert in historical
heritage and technology law. He has actively intervened in the case Odyssey Marine
Exploration in advising both the Kingdom of Spain and at the Spanish Courts in the
criminal action derived from this case. He has published articles in various magazines,
newspapers, journals and blogs. His research and advocacy interests also include legal
enforcement of environmental laws, intellectual property, antitrust and the patient selfdetermination rights. He has been involved in relevant cases on those fields. He is also
president of Hispalinux, the largest association of users and developers of free software
in Spain.

13

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                  <text>Research on early modern colonialism in the Asia-Pacific region makes a fundamental contribution to the study of Global History. In the last decades, historians are highlighting the region's relevance in the transformation of global economy through its role in far-reaching trade networks. The early beginnings of colonialism in the region, as well as the role of non-Angloamerican colonial agents in the shaping of modern world have been also highlighted.&#13;
Although these debates have been driven largely from history, archaeology must become more prominent for the study of early modern colonialism in the Asia-Pacific region through the study of consumption patterns, environmental effects, demographic impacts, transformation of gender systems brought about by contact, the role of material culture in these first colonial endeavours, and specifically, the important evidence that maritime archaeology can bring to the fore. It is argued in this session that new lines of evidence and argumentation will be found through a history- archaeology joint collaboration. </text>
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                <text>The Stolen Memory: The Legal Crisis of the Hispanic Sunken Heritage in America and its causes</text>
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                <text>The exam of the legal practice related to the Hispanic underwater heritage in the last 10 years in the United States shows that this has been the main resource of a mature treasure hunter industry in that country; that this industry has developed a specific discourse denying intrinsic cultural value to the Hispanic historical remains; and that this discourse has had an influence over the juridical and administrative authorities in the United States in such a way that legal, academic and media approaches to this archaeological legacy show an inadvertent but significant discrimination against the Hispanic Heritage -instead of Heritage of other cultural origins-, with the result that an important record of American history has been reduced to a mere industry and a resource for exploitation without requiring a minimal scientific counterpart, constituting without doubt one of the most serious and consummate problems within the entire historical record of the American history. In Hawaii in a recent court case, in which a Spanish galleon appears to be involved, we face the problem of fitting the Hispanic legacy in America in its legal and academic form, specifically because it brings into question the fact that Captain James Cook became the first European to discover the Hawaiian Islands, and makes manifest the extra historical relevance this assumption still holds. In this paper we deal with legal, historical and social aspects of this issue.</text>
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                <text>JosÃ© MarÃ­a Lancho, in Van Tilburg, H., Tripati, S., Walker Vadillo, V., Fahy, B., and Kimura, J. (eds.)</text>
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                    <text>The diffusion of the material culture in the early period of the trade globalization:
A preliminary study on silver coins and shipwreck porcelains found in East Asia
of the 16th and17th centuries
Liu Miao
Department of History, Xiamen University, No. 422, South Siming Road
Siming District, Xiamen 361005, China
Email: liumiao@xmu.edu.cn
Abstract
In the 16th-17th centuries, world trade patterns greatly changed. East and West entered
a period of an enormous amount of sailing since the 1500s. In the East, the traditional
Asian maritime trade network - which mainly relied on maritime merchants of Southeast
China, was gradually restored. After the discovery of the Americas in 1492 by the
Spanish kingdom of Castille, and the establishment of the Eastward passage to India by
the kingdom of Portugal in the late 1400s, both Spain and Portugal arrived in AsiaPacific in the 1500s and interacted with Eastern Asia local cultures. This set up the early
globalization process. The silk and porcelains from China, spices from Southeast Asia,
textiles from India, and coins from Mexico and Japan, were all important materials and
media in the global trade of this period. Dozens of shipwrecks dated to this period have
been identified as both East Asian maritime vessels (including Chinese junks) and
European exploration and trading vessels in Southern China, Vietnam, the Philippines,
Indonesia and Malaysia. Chinese porcelains were the main cargoes in all of them. We
also find a growing number of silver coins at the archaeological sites and shipwrecks of
this time period. These interesting maritime archaeological materials show early panPacific trading navigation between eastern Asia and the Western world. They help
reveal the early international maritime trading history between eastern Asia and the
West, early European colonization in eastern Asia, and resulting issues of expanding
globalization.
Key words: Shipwrecks, East Asia, Kraak porcelain, Zhangzhou wares, Early
globalization

Introduction
In the early 1500s both the Portuguese and Spanish of the Iberian kingdoms reached
Southeast Asia and burst into the traditional trade network of Asia. They interacted with
local cultures in East Asia and established the early global system through longdistance trading. Dozens of shipwrecks dated to this period have been identified in East
Asian seas as both East Asian maritime vessels (e.g., Chinese junks) and European
exploration and trading vessels. We also find a growing number of silver coins at the

1

�archaeological sites and shipwrecks of the same time. They help to reveal the early
international maritime trading history between East Asia and the West.
The Discovery of the Shipwrecks in East Asia
Shipwrecks of this era have been investigated in southern China, Vietnam, the
Philippines, Indonesia and Malaysia. Chinese blue-and-white porcelains were the main
cargoes. After a preliminary analysis, we can put these shipwrecks into several groups
according to the time sequence.From the end of the15thcentury to the early 16thcentury,
just before the advent of Europeans, the pattern of trade in East Asia had changed. The
Lena Shoal wreck (Goddio et al., 2000) discovered off the Philippines, and the Brunei
wreck (L’Hour, 2001), are the representative remains of this period. The porcelains from
these wrecks are provincial wares of Jingdezhen, most of them belonging to the reign of
Hongzhi (1488-1505). They often have decorations of lotuses, other floral designs and
classic scrolls on them. The bowls and dishes are large, and many of the shapes, such
as pen boxes, covered boxes and the angular ewers, hint at the Moslem market. Many
of these vessels have been found in the Middle East and even in East Africa. Wares of
this type have also been found all over
Southeast Asia (Carswell, 2000). The next
group of shipwrecks include Niushijiao
shipwreck (Fujian) (Li, 2012), Panshiyu
shipwreck (Xisha Archipelago) (Zhao, 2012),
San Isidro shipwreck (Luzon, Philippines)
(Dizon

and

Orillaneda,

2002),

Xuande

shipwreck and Singtai shipwreck (Malaysia)

Fig.1 Jingdezhen Porcelain from Nan’ao No.1

(Brown, 2009). They include Chinese junks, Shipwreck. (Guangdong)
vessels

of

Southeast

Asia

and

also

Portuguese ships. The main cargoes are provincial blue and white wares from
Jingdezhen. But the dense patterning in sub-Yuan style which hints to the Islamic
market begins to diverge. We can also find the early productions of Zhangzhou wares.
Similar wares to those from the San Isidro Wreck also have been found in Southeast
Asia, such as in the Philippines (Kamer, 1963) and Indonesia (Umarah, 1999). The
chronology of these shipwrecks is around 1520s-1550s.
2

�The third group of shipwrecks include Nan’ao No. 1 Shipwreck (Guangdong) (Sun,
2012), Bei Jiao No.3 Shipwreck (Xisha Archipelago) (The Center for Underwater
Archaeology of National Museum of China, 2006) and Wreck 2 of the Royal Captain
Shoal (Philippines) (Goddio, 1998). Blue and white porcelains were also the main
cargoes of this group of wrecks. They included the thinly potted wares made of hard,
white porcelain with exquisitely drawn traditional Chinese motifs of happy propitious
implications, which were produced from the late Jiajing period through the early Wanli
period (Fig. 1). The style of the porcelains had already changed greatly. Certain types
were already being created for the export
market in Europe. A very popular kind of
plate had a central naturalistic motif with
decorated

rim,

usually

flat,

with

an

undecorated cavetto. Another noteworthy
phenomenon of this time was the abundant
emergence of Zhangzhou ware (Figs. 2-3).
They were the main cargoes of Nan’ao No.1
Shipwreck and Wreck 2 of the Royal
Captain

Shoal.

They

are

mainly

the

productions of Er Long kilns of Zhangzhou
(Fujian Museum, 1997). This type of ware
was also excavated from sites of Philippines
and Indonesia. A few similar wares were
found in the Manila galleon of San Felipe

Figs. 2-3 Zhanzhou wares from Nan’ao No.1
(1576) (Von Der Porten, 2008). The typical Shipwreck. (Guangdong)

Kraak panels were very scarce and only a few were designated early Kraak or protoKraak. The chronology of this group is around the 1560s to the 1580s.

3

�The fourth group include the vessel San Diego (Philippines, 1600) (Ongpin Valdes and
Diem, 1993), the BinhThuan Shipwreck (Vietnam, 1608) (Flecker, 2004) and the Wanli
Shipwreck (+1625) (Sjostrand and Syed Idrus, 2007). The San Diego vessel was a
Manila galleon that sank off the coast of Nasugbu in the province of Batangas. One of
the major items she carried on board was fine China, Kraak ware (Fig. 4), and also
large quantities of blue

Fig. 4 Kraak Porcelain from the vessel San
Diego. (Philippines, 1600)

Fig. 5 Kraak Porcelain from the Wanli
Shipwreck. (Malaysia)

and white porcelain and Zhangzhou ware, which was exported particularly to Southeast
Asia. The majority of the entire remaining cargo of the BinhThuan shipwreck, which had
a Chinese shipbuilding features, consisted of blue and white and over glazed enameldecorated Zhangzhou ceramics. The excavation of The Wanli Shipwreck in Malaysia's
territorial waters revealed the largest quantity of Chinese Kraak porcelain which
included a major cargo of some 37,000 pieces (Fig. 5). Kraak porcelain became
extremely popular in the European markets. From these data we can see that the
distinctive and paneled type of Kraak porcelain emerged abundantly in 1600 or so and
swiftly became very popular in the first part of the 17th century. Zhangzhou wares were
also produced and exported abundantly this time and much of them imitated the
paneled decoration of Kraak porcelain of Jingdezhen. The date of this group should be
the 1590s to the 1620s.

4

�The Destruction of the Traditional Trading System in Asia and the Early Global
Trading System
In the late 15th and early 16th centuries, just before the advent of the Portuguese, the
trade network dominated by the Islam in the Southern Seas had been set up. With the
Islamic culture spreading widely in Southeast Asia, some important Islamic regimes
were established successively, such as Malacca, Saltanah Sulu, Borneo, etc. The old
China was also included in the trade system. With the decline of Chinese official
maritime trade, the private merchant forces began to rise. The site of Penny's Bay
(Hong Kong) (Lam, 1989-1992) was an import private trade port of that time. As the
representative of the Islamic culture, the fine porcelains of Jingdezhen in the middle
Ming Dynasty were widely found in the sites and shipwrecks spread from East Africa to
Southeast Asia. With the coming of the Portuguese and Spanish who pillaged and
controlled the important trade of Southeast Asia at that time, the traditional trade system
in the South Seas was completely broken. Macao and Manila (Philippines) became the
important trade centers of this period. 1) In the beginning of 16th, the Portuguese
conquered and took the port Goa in India and Malacca in Southeast Asia to establish
presence for trade affairs. They gradually entered into the trade network in Asia. For a
long time before 1557 they also took contraband trade with Chinese private maritime
merchants in the islands near to the coast of southeast China, in the ports of Fujian,
Guangdong and Zhejiang (Teixeira, 2000). Chinese scholars discovered the site of
Shangchuan Island, Guangdong (Huang and Huang, 2010). Quite massive quantities of
16th century export ceramics were found, including some specially ordered wares for
Portuguese. This verified that Shangchuan Island played an extraordinarily important
role in the early Sino-Portuguese trade history during the 16th century, while the
Xuande Wreck is thought to be the direct evidence of the Portuguese smuggling
activities in the seas of East Asia before they settled in Macao in 1557.From the middle
16th century to the early 17th century Portuguese almost monopolized the trade routes
of the Far East. After they settled in Macao in 1557 and Nagasaki in Japan in 1571, the
Portuguese began their long distance and massive global trade. They took Macao as
the base to carry on a triangle trade in the East Asian seas, in which China was the
center. Macao rose in prosperity as it became the most important and largest
5

�commodity distributing center of Asia. Recently, a large quantity of Chinese export
porcelains was excavated in Macao. Most of them are Kraak porcelain shards, including
dishes and bowls with round and oval mouths, with reserved panels and protruding rims.
A small number of red and green shards of bowls and boxes dating from the Zhengde
and Jiajing periods which are similar to those of the samples found in Shangchuan
Island. They showed the important position of Macao in the cultural exchange between
East and West (Liu, 2010). There is also a large quantity of archaeological evidence
along the Indian Ocean route from Goa to Europe (Sila Tripati et al., 2011; Liu et al.,
2011; Castro, 2005).
In 1571 Spain founded Manila City to establish rule in the Philippines and partake in
Asian trade. They quickly established the trade with Chinese private merchants of
Southeast China and the Manila Galleon trade route was soon prosperous. It functioned
as a long distance and large-scale sea trade route connecting the Asian world with the
American Continent until the early 19th century. Many Asian goods such as silks and
porcelains were exported by the Spanish galleons and on the other hand, many New
World goods, including Mexican silver, were brought to the Asian world. Except those
from the shipwrecks of San Felipe and San Diego, the same style of blue-and-white
porcelain productions from the Jingdezhen and Zhangzhou kilns were also found in the
shell mounds of Indian Village sites at Drakes Bay, California (Shangraw and Von der
Porten, 1981). Recently, more and more Chinese ceramics of this time were excavated
from the archaeological sites of Mexico, Peru and other Latin American countries
(Kuwayama, 2002). Those Chinese ceramics imported into Latin America included high
quality productions from Jingdezhen. A large part of them were also pieces from
Southern Chinese kilns, especially Zhangzhou ware. Chinese vessels returned from
Manila always took back silver. This was clearly written in Chinese historical documents
(Zhang, 2000). The profitable trade to Manila was almost dominated by the maritime
merchants of South Fujian. Innumerable Mexican silver cargoes were brought into
China, especially to the south of Fujian and east of Guangdong. They were once used
as currency in people’s daily life in those places.
A total of four hundred and twenty eight silver coins were recovered from the San Diego.
Those that were cleaned were recognized as coins of Philip II (1556-1598), minted in
6

�Lima and Philip III (1598-1621), minted in Mexico City. Most of them are irregularly
shaped. People think this irregularity can mostly be attributed to the last stage of their
manufacture wherein the excess weight of the coins was clipped off by the assayer to
maintain their standard value. This early kind of silver coin is also found abundantly in
the sites of South Fujian, such as Quanzhou, Zhangzhou, Xiamen, etc. Most of them
were excavated from cellars, and also a few from tombs (Quanzhou Heritage
Management Committee, Quanzhou Maritime Museum, 1975; Chen and Shi, 1981;
Fang, 2011; Zhang, 1988). Most of these coins are also irregularly shaped (Fig. 6),
probably because they are the early type minted from the late 16th century to the first
part of 17th century. We can see the design of the Cruze Florenzada on the cross and
Great shield of the House of Hapsburg, Spanish coat of arms. According to the study of
British numismatic experts, most of them were minted in Mexico City, and others minted
in Potosi and Segovia, Spain. From these discoveries, we can often see that many of
the silver coins were cut into pieces; we can also see the using traces. This verifies the
historical record that they were once used as the circulation in people’s daily life. In
16th-17th centuries, with the arrival of Europeans and the large-scale intermediary trade
practices they brought, East Asia was entangled into the global trade network. Chinese
silk and porcelains, Southeast Asian spices, Indian textile, silver coin of Mexico and
Japan, and other materials were the important goods and mediums of the global trade
at that time. During this progress the style of the fine porcelains from Jingdezhen, as
luxury goods, changed greatly. They used to be representative of material
manufactured for the Islamic culture, but then changed to be products created for the
export market of Europe, such as Kraak ware. On the other hand, the evidence from
shipwrecks and other sites, for instance the lower quality products of Zhangzhou, shows
they were produced mainly for the Asian market. This change implied the establishment
of a new Asian trade system dominated by the Europeans.
The rise of Chinese private maritime merchants
Chinese ancient junk wrecks spread over the southeast coast of China and Southeast
Asia. It implied the further development of Chinese maritime merchants and they were
very active in maritime trade. With the opening of the Moon Port, Chinese maritime
merchants could trade abroad legally. With the arrival of the Europeans, they took large7

�scale intermediary trade with Malacca, Macao, Japan, Manila, and were involved into
the global trade network. They were active along Chinese waters from north of Japan to
the south into Southeast Asian, playing an important role in the early global trade of the
Westerners. They gradually became strong enough and changed into private armed
groups. Guns and cannons are usually discovered in Chinese shipwrecks of this time,
showing the conflict between private merchant groups and the government of the Ming
Empire. It also shows the relationship of cooperation and competition between the
Chinese merchants and the Westerners in 16th-17th centuries. At that time, the main
way of trade the western colonists took was to establish bases at those ports where
Chinese merchants often go and then transport the goods they shipped to the world
elsewhere for profit. So both Portugal and Spain had taken active measures to attract
Chinese merchants to trade. The early smuggling activities of Portugal along the coast
of southeast China were carried out with the private merchants of Southeast China.
During this process, Portuguese and private merchants of Southeast China, especially
those of Fujian, associated more and more closely. They gradually took the place of
Ryukyu and Malacca, to become the major trading powers in Asia (Ptak, 2003). After
the Portuguese settled in Macao in 1557, more and more merchants from Fujian and
Guangdong came and were enmeshed in the global trade.
After the Spanish set up colonial rule in the Philippines, the Philippines had few goods
to trade. Their supply mainly relied on Chinese businessmen. So the Spanish soon
established commercial relationship with Chinese merchants, actively encouraging
Chinese merchants to trade in Manila, and the number of Chinese ships sailing to
Philippines grew every year. The expanding trade in Manila based on the traditional
Chinese and Philippines’ commercial trade, became the real foundation of the Spanish
Galleon trade. With the prosperity of overseas trade and ports along the coast of China,
a series of handicraft and planting industries emerged and developed rapidly. The silk of
Zhejiang, porcelains of Jingdezhen and Fujian, and even sugar and fruits were all
produced and exported abundantly. Just as scholars have said, we should look at the
late Ming Dynasty with the vision of globalization. At that time, China was involved in the
process of economic globalization. Many European and American countries far away
have been involved into the long-distance trade with China. With Chinese commodities,
8

�mainly silk and porcelain, sold throughout the world, 1/3 or 1/4 of the world silver output
swarmed into China as the means of payment.
Conclusions
With the coming of the Westerners, the traditional trading system in Asia was destroyed,
while the Europeans trade in Asia relied greatly on the cooperation with Chinese
maritime merchants. It provided a broader overseas market for China along with the
production and exportation of a series of handicraft industries in South China, such as
silk and porcelain. So this progress also represents the rise of Chinese maritime
merchants, especially those of South Fujian. In the Asian trade system dominated by
Europeans, Chinese porcelain was an important good sold in Europe and in the interior
of Asia. The change in decorative style and in the number of exports reflected how
Europeans gradually deepened into Asian trade.
Acknowledgements
First of all, I am gratefully acknowledge the generous assistance and valuable
information provided by Professor Chun-Ming Wu who was once my supervisor and
now my colleague of Xiamen University. I would also like to extend my sincere gratitude
to those underwater archaeologists especially those of China. My research on this
paper based on the sources gained by their laborious task and many information and
photos were provided by them. At last, special thanks go to Professor María Cruz
Berrocal who kindly invited and helped me a lot for this conference.

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Early Ming Dynasty” (Journal of Xiamen University Arts Social Sciences, 2008), etc.

12

�</text>
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                  <text>Session 5: Early Modern Colonialism in the Asia-Pacific Region</text>
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                  <text>Introduction interview with session chair MarÃ­a Cruz Berrocal and links to the papers presented in the session.</text>
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                  <text>Research on early modern colonialism in the Asia-Pacific region makes a fundamental contribution to the study of Global History. In the last decades, historians are highlighting the region's relevance in the transformation of global economy through its role in far-reaching trade networks. The early beginnings of colonialism in the region, as well as the role of non-Angloamerican colonial agents in the shaping of modern world have been also highlighted.&#13;
Although these debates have been driven largely from history, archaeology must become more prominent for the study of early modern colonialism in the Asia-Pacific region through the study of consumption patterns, environmental effects, demographic impacts, transformation of gender systems brought about by contact, the role of material culture in these first colonial endeavours, and specifically, the important evidence that maritime archaeology can bring to the fore. It is argued in this session that new lines of evidence and argumentation will be found through a history- archaeology joint collaboration. </text>
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                <text>The diffusion of the material culture in the early period of the trade globalization:&#13;
A preliminary study on silver coins and shipwreck porcelains found in East Asia of the 16th and17th centuries</text>
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                <text>In the 16th-17th centuries, world trade patterns greatly changed. East and West entered a period of an enormous amount of sailing since the 1500s. In the East, the traditional Asian maritime trade network - which mainly relied on maritime merchants of Southeast China, was gradually restored. After the discovery of the Americas in 1492 by the Spanish kingdom of Castille, and the establishment of the Eastward passage to India by the kingdom of Portugal in the late 1400s, both Spain and Portugal arrived in Asia-Pacific in the 1500s and interacted with Eastern Asia local cultures. This set up the early globalization process. The silk and porcelains from China, spices from Southeast Asia, textiles from India, and coins from Mexico and Japan, were all important materials and media in the global trade of this period. Dozens of shipwrecks dated to this period have been identified as both East Asian maritime vessels (including Chinese junks) and European exploration and trading vessels in Southern China, Vietnam, the Philippines, Indonesia and Malaysia. Chinese porcelains were the main cargoes in all of them. We also find a growing number of silver coins at the archaeological sites and shipwrecks of this time period. These interesting maritime archaeological materials show early pan-Pacific trading navigation between eastern Asia and the Western world. They help reveal the early international maritime trading history between eastern Asia and the West, early European colonization in eastern Asia, and resulting issues of expanding globalization.</text>
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                    <text>Border and Shaping of Identities: The Fort of Nuestra Señora del Pilar of
Zamboanga, Mindanao (Philippines)1
Miguel Luque-Talaván
Complutense University of Madrid, Geography and History Faculty
Department of American History I, C./ Profesor Aranguren, s/n
C.P. 28040. Madrid, Spain
Email: mluque_t@ghis.ucm.es
Abstract
At the end of the 15th century, Southeast Asia underwent a process of islamisation.
Muslim presence in Southern Philippines was strongly fought by the Spaniards since
1570 and until the end of their presence in this archipelago. They named these
Muslims moors, due to the similarity they established between them and the Muslims
in the Iberian Peninsula. The Philippines was a border territory and the Philippine
society was used to live at the edge of the Imperial possessions. The Sulu Sea was a
real border zone from a geographical, cultural and historical point of view, whose
study allows us to analyse the relations between the Spaniards and the local powers,
and vice versa. Within this context, we will focus on the analysis of the history of the
Hispanic forts in the island of Mindanao, in particular of the Fort of Nuestra Señora
del Pilar of Zamboanga, a really strategic settlement in Southern Philippines, whose
historical development allows us to analyse the different policies introduced by the
Hispanic Monarchy in these regions subjected to its nominal sovereignty.
Key words: Mindanao, Zamboanga, Fort of Nuestra Señora del Pilar, Piracy, Sulu Sea
Mindanao, Sulu and Northern Borneo in the context of the Governorate and
Captaincy General of the Philippine Islands, Border Issues
At the end of the 15th century, Southeast Asia and China had begun their process of
islamisation. Generally speaking, it can be said that commercial trade was what
brought Islam to these regions via the commercial routes that crossed Northern Africa
and Asia (Dupuis, 1975: 274; Al Faruqi and Lamya Al Faruqi, 1986; Robinson and
Brown, 1992: I, 88-95; Guermon Prez, 1996: 392-395). Since 1500, there were
Muslim population centres established along the Burmese coast, northern Sumatra
and Malacca. And it was from that last place from where they established themselves
in northern Borneo, the islands of Sulu, and Mindanao; as well as in the northern
coast of Java, southern Borneo and the islands of Ternate and Ambon - in the
Archipelago of the Moluccas - (Montero y Vidal, 1888: I, 88-95; Luque Talaván, 1998;
Majul, 1999: 39-88). Muslim presence in the southern Philippines would be fought by
1

�the Spaniards. It was a conflict that, in a certain manner and in the minds of many
Spanish people of the age, prolonged the fight against Islam that had been developed
in the Peninsula from 711 to 14922. Particularly because of the pressure exerted by
the Spaniards, the islamised Philippine indigenous population was reduced geographically speaking and in the 19th century - to a few isolated settlements in the
south-eastern coast of Mindanao, a coastal strip located at the south of the same
island than then connected with a territory called Cotabato, larger in area, that
narrowed again until it came to the Spanish settlement of Zamboanga, close to which
some small Muslim emplacements were located. The Sulu Archipelago was under
complete Muslim authority, except for the three spots that Spain kept under control:
the village of Isabela and an inland fort - both in the island of Basilan -, and another
emplacement in the northern coast of the island of Sulu. It was also Muslim territory
all the southern coast of Paragua or Palawan, the island of Balabac and the Cagayan
Sulu, as well as the northern coast of Borneo. It can be seen how their presence
especially in Mindanao was interrupted by the existence of small Spanish settlements
usually military settlements; which were more abundant in the northern coast of the
island than in the southern coast; as well as by large areas occupied by the insular
indigenous groups3.
Muslim piracy in the Philippines as an origin of border tension
The hostile activity of many Philippines’ Muslim leaders marred the relationships
between them and the Spanish authorities who considered them to be pirates; who
used force in order to terminate a conflict that never came to an end. Hundreds of
lives were lost in these costly armed conflicts, which also turned out to be, from an
economic point of view, very expensive for the Spanish treasury. From the beginning
of its presence in the Archipelago, the ongoing concerns that Spain had about this
conflict were felt by several Spanish authors who wrote various books about this
matter. Those writings, heavily eurocentric, intellectually fed entire generations that
came to identify every Philippine Muslim known as moros with pirates, slave traders,
cruel, bloodthirsty individuals, etc. This assessment led, in turn, to a whole new
historiography and literature in which the perception of the other, the different, in this

2

�case the Muslim, deserves a new in depth analysis that is still pending (Luque
Talaván, 1999: 57-86).
Fortresses for a border
It was not only historiography that reflected this matter, but in the Philippine coasts, out
of the necessity of protecting themselves from pirates, a whole architecture for
defensive-offensive purposes arose. It was composed of small forts for protection and
watchtowers on high places to prevent attacks (Javellana, 1997; Caulín Martínez and
Luque Talaván, 2002: 205-215). From an anthropological perspective, this architecture
shows the border tension and the sense of insecurity and intolerance against what was
considered to be different, strange and diverse (Lisón Tolosana, 1997: 141). Those
defences, which we can refer to as static, coexisted with the dynamic defences
depicted by the coastguard vessels in Philippine waters. These tasks, that showed little
effectiveness in most of the cases, were already represented in the second half of the
18th century by a squad created in 1775 by the Governor and Captain General Simón
de Anda y Salazar (1770-1776). Sometime after that, the same squad, under the
governance of his successor José de Basco y Vargas (1778-1787), would be baptised
as marina sutil (Montero y Vidal, 1888: I, 73-75; Martín Onrubia, 2006/2007: 155-159).
All this contributed to make the Philippines a border territory in which society was used
to live at the edge, or at the forefront, of the Imperial possessions, with all the
associated risks. Therefore, the Sulu Sea became a real border zone from a
geographical, cultural and historical point of view. These Muslim states had a strong
maritime nature, with a very peculiar organisational system that had to be in contact
with the international economy present in the area Chinese and Spanish, mainly and
the rapid progress of the European colonialism and modernity. Its strategic position in
an area of high commercial value progressively turned Mindanao, and especially Sulu,
into a well developed area with a very vital economy where Europeans and Chinese
traders too sought to acquire swallows’ nests, pearls, sponges, among other products;
whereas the Muslims got in exchange goods they appreciated more, like firearms,
textiles, etc. (Spoehr, 1968: 177-185; Warren, 1999; Warren, 2000: 7-8; Ollé, 2002;
Malcampo, 2007; Crick, 2013: 86-97).

3

�Several campaigns against the Philippine Muslims were carried out already since the
17th century; even if it was during the first half of the 19th century, and more
specifically during the mandate of Lieutenant General Narciso Clavería y Zaldúa,
Count of Manila (1844-1849), when piratical activity took its biggest blows. In our view,
Spain was interested in the eradication of piratical activity in Philippine waters for three
main reasons: first, to protect the islands’ internal and external trade; second, to
safeguard the christianised and hispanised Philippine villages that were usually under
attack; and third and last, to avoid that other European powers like France or England,
under the pretext of eradicating piracy, took control of the southern Philippines, as they
had tried to do a few times before. To these reasons could be added the Crown’s
intentions to harm the trade routes existent in the Muslim regions, in order to take away
resources, and hence autonomy of action, from them.
Hispanisation and construction of the Hispanic space in the southwest of the
Philippine Islands, Life in military prisons
During the second half of the 16th century and even afterwards, it can be considered
that, in zones like the Philippine Islands, missions and prisons formed systems
vanguard and protection of the Hispanic possessions4. The military occupation of the
archipelago always suffered from a chronic lack of men and, for that reason, it was
often necessary to enlist local natives. For example, we can mention that on 21 April,
1609, the Governor and Captain General of the Philippines Juan de Silva, only had five
Spanish infantry companies; and on 26 June, 1626, the interim Governor Juan Niño de
Tábora took 600 Spanish infantry soldiers and some veteran captains from the
Flanders campaigns (Alía Plana, 1993: 18, note number 11). Many of the men sent to
serve as soldiers in the archipelago had arrived to that destination to serve sentences
for crimes committed: homicide, estupro, bigamy, sodomy, adultery, concubinage, and
domestic abuse among others. There were also crimes such as vagamundeo,
gambling, or desertion of the army. Some of these crimes were also accompanied by,
apart from harsh destinations in Zamboanga or the Mariana Islands, spiritual
punishments given by the Spanish Inquisition. Given the different types of offences, the
time of punishment of duty in the islands was variable. The longer periods of sentence
that have been documented correspond to ten years, and they often punished a sexual
4

�type of crime committed in New Spain. In the prisons, the psychological pressure
exerted by the environment and the hard conditions of life to which the soldiers were
subjected (badly supplied, late payments, poor diet, etc.) put them in extreme
situations that caused different responses. One of the cases that the Spanish
authorities watched the most was that of those prisoners who renounced the Catholic
faith and converted to Islam. This was then a border society that certainly gave origin
to a new kind of man yet to be studied (García de los Arcos, 1996: 118-119; Luque
Talaván, 2011: 165-190).
The Fort of Nuestra Señora del Pilar of Zamboanga (Mindanao)
As it usually happens with other cases, the history of this fortress perfectly summarises
the situation of the Philippines during the Spanish rule. Since its establishment in 1635,
it had to be abandoned in 1662 - together with the prisons of Terrenate, Calamianes
and Iligan - by order of the then Governor and Captain General Sabiniano Manrique de
Lara (1653-1663). The reason was the necessity to concentrate the few insular forces
in Manila, with the objective of reinforcing the defences of the capital regarding a
possible attack of the Chinese senior official Coseng or Cogsenya. A Real Cédula
[Royal Decree] of 30 December, 1666 promulgated by Mariana of Austria, Queen
Regent of Spain, ordered its restoration. The measure could not be applied until 1718,
though (Ortiz de la Tabla Ducasse, 1974: 197-201; Molina, 1984: I, 127; Prieto Lucena,
1985: 116-140)5. In this section, we will examine its situation at a particular time of its
history. For that purpose, we will make use of a very interesting written and illuminated
work, product of the initiative of the Governor and Captain General Fernando Valdés
Tamón (1729-1739), that gave a description of the state of the fortifications of the
Philippines; and that was made in 1739 (Cuesta Domingo and Infante, 1995; Luque
Talaván, 2010: 239-255). In 1739, the Fort of Nuestra Señora del Pilar of Zamboanga,
under the command of a Governor, was built with lime and pebble, rectangular shape
and four bastions. It had a rampart at the entrance to the town, by the sea, that
encircled it from the east and the south; where it externally had a stockade too. To the
west, where there was a door, it had a marsh acting as a moat. To the north, where it
faced the town, there was a man-made moat. On the other hand, the annexed town
had its own and well planned fortification system.
5

�The defensive system of Mindanao also had, at that time, the forts of San José of
Cagayan, San Francisco Javier of Iligan, Santiago of Dapitan - these three under the
jurisdiction of the province of Cebu -; and the ones of San José of Tandag, San
Francisco of Cateel and San Juan Bautista of Linâo - these three in the province of
Caraga6. A new list of the state of the islands’ fortresses made in 1753 by order of
Francisco José de Ovando y Solís, Marquis of Ovando, Governor and Captain General
of the Philippine Islands (1750-1754), allows us to know that the fort of Zamboanga
had 586 soldiers and seventy three cannons back then; being the one with the biggest
number of personnel after the fort of the insular capital, which gives us a precise idea
of its importance in the Philippine fortifications system (Ortiz de la Tabla Ducasse,
1974: 180-181)7. This was a border territory in a constant state of conquest that was at
the same time both vanguard and preliminary position of the territories subjected to the
sovereignty of the Spanish Monarchy. The strategic interest of this position is obvious;
but we have to remember once again that its location was a busy commercial trade
zone between the southern Philippines and the Moluccas, Borneo, China and other
Southeast Asian places.
Final thoughts
Under some of the parameters set out above it is not difficult to imagine that the
relationships with the indigenous populations of the area not only were not fluid, but in
many cases difficult. With more detailed studies of the existent documentation we will
undoubtedly be able to start assessing their exact terms. There is no uniform culture.
And the space that is the focus of the attention in this current work is good proof of that.
This environment would be a multicultural space, where a juxtaposition of human
groups in a specific space of contact existed (García Canclini, 2005: 15-16, 29-Ss., y
101)8. The perception of the moro as an enemy was discussed by some Hispanic
authors at the end of the 19th century. Thus, José Nieto Aguilar maintained that the
Malayan-Muslim “(…) until today, has only met the castila as a soldier or as an
intolerant friar and enemy of his religion”. Hence his hostile attitude and that Nieto
Aguilar held that a change in the policy towards them was needed (Nieto Aguilar, 1893:
159; Luque Talaván, 1999: 57-86).

6

�It might perhaps be time for us experts to start to reinterpret the sources and the old
historiography in order to stop seeing the Malayan-Muslim attacks to the Hispanic
interests in the Philippines as mere piratical attacks. More than that, it is probable that
the Muslim states of the southern Philippines, eager to maintain their independence,
used these attacks to destabilise the castilas and slow down their expansion in the
territories of Mindanao and Sulu. Towards that goal, some European powers supported
the Muslims in their purposes, not because they were interested in their sovereignty, but
because they wanted, on the one hand, to weaken the Spanish power in the region and,
on the other hand, to take advantage of one of the most active and rich markets of
Southeast Asia. Fortresses, like the one of Nuestra Señora del Pilar of Zamboanga,
served as both offensive and defensive emplacements; as well as living and
imprisonment spaces, depending on the circumstances. Life in the border was not
simple for the soldiers stationed there. Its distance from the metropolitan and viceroyal
centers of power and its proximity to the feared Muslim enemy must have activated
survival mechanisms in the soldiers that remain to be revealed.
The study of the border, and of its other side, enables a better understanding of ours.
As Carlo Lisón Tolosana maintains: “The encounter, the communication, are given in
the privileged space of the border. In reality, we are always at the border, we are a
border. We constantly need to cross the wall in order to anthropologically see us from
the outside and at distance and begin to get to know and re-know us. From the other
side, we see us as incomplete, unfinished, surmountable. Border tension enriches us, it
is a source of knowledge, it humanises us” (Lisón Tolosana, 1997: 141). And while this
is true, it is nevertheless clear that the border is much more than that: it is a space of
polysemy, of territories division, of conflict, of relationships of varying intensity, of
cultural, symbolic exchange, etc. cultural confrontations that, sometimes, caused
differences; and, sometimes, contributed to the homogenisation (Grimson, 2000; García
Canclini, 2005). In the case of the military prisons of Southern Philippines, that “clash”
served to mark differences and configure an identity among the Spanish community in
confrontation with the native populations, considered to be enemies.

7

�Acknowledgements
I am particularly grateful for the commentaries of José María Fernández Palacios, and
the translation of José Luis Sedano Rosa.
Endnote
1

This investigation is part of the research project: “Atlas etnohistórico y topogenético de las islas Filipinas”
-reference: HAR2010-21063-HIST-, funded by the Ministry of Economy and Finance (Spain).
2
A testimony of this was given on July 3, 1753 by friar Pedro de la Santísima Trinidad Martínez y Arissala,
archbishop of Manila: (“Asia/ Breve/ Resumen y Discurso/ en que se prueba ser el unico medio/ y el
menos costoso y el mas/ util para librar las/ islas Philipinas/ de la Piratería y gravisimos males/ que cada
año hacen los/ Moros/ convecinos en ellas/ en lo Sagrado y Profano/ La Guerra continua/ en sus Casas y
tierras sin oir jamas/ tratado alguno de/ Paz, Alianza, ni Tregua/ con una Armada de quatro Galeras/ y
ocho ó diez Pancos, que comanda-/se un General practico con in-/depedencia del Governador/ del
Presidio de/ Samboangan. //”. The British Library (London). Manuscripts Room. Add. 17, 624, folios 78
recto – 89 recto).
3
Although the Spaniards gave the generic name moros to all the islamised groups inside the Philippine
territory, under that generic name existed and exist several different groups. The most well known are the
Tausug, the Samai, the Yakan, the Bajau, the Maranao, the Magindanao and the Ilanon. In Mindanao, the
non-islamised populations are grouped under the generic name Mindanao Iumad, formed by eighteen
ethinic groups (Zamora, 1992: 311).
4
About another border area of the novohispanic viceroyalty, see Páez Flores, 2002: 28.
5
Archivo General de Indias (Seville) —from now on AGI—, Filipinas, 201, N. 1, “Expediente sobre el
restablecimiento del presidio de Zamboanga” (1665-1686).
6
Relacion en que, de orden de su Magestad Catholica (Dios le guarde) se declaran las Plazas, Castillos,
Fuerzas, y Presidios de las Provincias sugetas à su Real Dominio en las Yslas Philipinas … Formada por
el mariscal de campo don Fernando Valdès Tamon, à cuio cargo es el Govierno de dichas Yslas. Año
1739 (Real Biblioteca. Palacio Real. Madrid, folios 28 recto – 39 recto, y 61 recto y vuelto).
7
AGI, MP-Libros-Manuscritos, 81, “Descripciones con planos y figuras de la capital de Manila, puerto de
Cavite, fuerzas de los presidios y otras fortificaciones en todo el distrito de las provincias que sugeta el
real dominio en las Yslas Filipinas … Año de 1753”, XIV: Fuerza de Nuestra Señora del Pilar de
Zamboanga en la isla de Mindanao, folios. 53 vuelto - 59 vuelto.
8
About the border and the ethnic groups, see Barth, 1982.

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Universidad de Córdoba, Servicio de Publicaciones, Córdoba: 165-190.
Luque Talaván, M., 2010. Iberoasia y el Pacífico español. Su imagen a través de los
siglos. In M. Cuesta Domingo; M. Luque Talaván (Ed. and Coord.), Imago Mundi.
9

�Mapas e imprenta. [Catálogo de exposición. Biblioteca Histórica “Marqués de
Valdecilla”, de la Universidad Complutense de Madrid, 11 de noviembre de 2010 a 18
de febrero de 2011], Universidad Complutense de Madrid, Madrid: 239-255.
Luque Talaván, M., 1999. La piratería malayo-mahometana en Mindanao, Joló y norte
de Borneo y su reflejo en la historiografía (siglos XVII-XX). Perspectivas Históricas.
Historical Perspectives. Perspectivas Historiques (México, D.F.), 4 (enero-diciembre):
57-86.
Luque Talaván, M., 1998. Mindanao, Joló y Norte de Borneo en la obra de Don Nicolás
Enrile. El “Estracto Histórico de los Hechos más Notables que han Tenido Lugar al Sur
del Archipiélago en el presente Siglo” (1800-1850). In VV.AA., 1ª Conferenza
Internazionale di Studi sulle Isole Filippine: “Le Filippine tra Oriente ed Occidente:
passato, presente e futuro”, Associazione Culturale “Italia-Filippine”, Reggio Calabria
(Italia). [Actas no publicadas]).
Luque Talaván, M., 1997. Narciso Clavería y Zaldúa: Gobernador y Capitán General de
las islas Filipinas (1844-1849). Revista Complutense de Historia de América (Madrid),
23: 209-246.
Majul, C. A., 1999. Muslims in the Philippines. University of the Philippines Press,
Diliman, Quezon City.
Malcampo, H. P., 2007. History of Zamboanga. Pre-Spanish and Spanish Period, 14001900. Western Mindanao State University Press, Balisawan, Zamboanga City.
Martín Onrubia, M., 2006/2007. La actuación gubernamental contra la piratería malayomahometana de Filipinas durante el mandato del mariscal de campo Pascual Enrile
(1827-1835). Revista Española del Pacífico (Madrid), 19-20: 153-173.
Molina, A. M., 1984. Historia de Filipinas. Ediciones Cultura Hispánica del Instituto de
Cooperación Iberoamericana, Madrid, Volume I.
Montero y Vidal, J., 1888. Historia de la piratería malayo-mahometana en Mindanao,
Joló y Borneo. Imprenta y Fundición de Manuel Tello, Madrid, volume I.
Nieto Aguilar, J., 1893. Colonización de Filipinas. Estudios prácticos acerca de la
colonización con elementos peninsulares, de nuestras posesiones oceánicas. Reseña
geográfico-geológico-minera de las mismas. Prólogo de A. Sáenz de Urraca.
Establecimiento Tipográfico de Alfredo Alonso, Madrid.
10

�Ollé, M., 2002. La empresa de China. De la Armada Invencible al Galeón de Manila.
Qaderns Crema (El Acantilado, 60), Barcelona.
Ortiz de la Tabla Ducasse, J., 1974. El Marqués de Ovando, Gobernador de Filipinas
(1750-1754). Consejo Superior de Investigaciones Científicas, Escuela de Estudios
Hispano-Americanos, Sevilla.
Páez Flores, R. G., 2002. Pueblos de frontera en la Sierra Gorda queretana, siglos XVII
y XVIII. Presentación de Stella María González Cicero. Archivo General de la Nación,
México, D.F.
Prieto Lucena, A. Mª., 1985. Filipinas durante el gobierno de Manrique de Lara (16531663). Consejo Superior de Investigaciones Científicas, Escuela de Estudios HispanoAmericanos de Sevilla (Publicaciones de la Escuela de Estudios Hispano-Americanos
de Sevilla; CCCIV): Universidad de Córdoba, Departamento de Historia de América,
Sevilla.
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Archipelago. Asian Perspectivas, Vol. 11: 177-185.
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Miguel Luque-Talaván is a lecturer at the Department of American History I of the
Complutense University of Madrid. He has directed and taken part in several research
projects, the last one under the title "Ethnohistoric and Topogenetics Atlas of The
Philippine Islands". He has received several grants that allowed him to conduct
researches in Mexico, Peru, Great Britain, USA, Portugal and the Philippines. His
principal areas of specialization are the Derecho Indiano and the Iberoasia's History. As
author or publisher, has published fourteen books and more than one hundred works.

11

�</text>
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                  <text>Session 5: Early Modern Colonialism in the Asia-Pacific Region</text>
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                  <text>Introduction interview with session chair MarÃ­a Cruz Berrocal and links to the papers presented in the session.</text>
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                  <text>Research on early modern colonialism in the Asia-Pacific region makes a fundamental contribution to the study of Global History. In the last decades, historians are highlighting the region's relevance in the transformation of global economy through its role in far-reaching trade networks. The early beginnings of colonialism in the region, as well as the role of non-Angloamerican colonial agents in the shaping of modern world have been also highlighted.&#13;
Although these debates have been driven largely from history, archaeology must become more prominent for the study of early modern colonialism in the Asia-Pacific region through the study of consumption patterns, environmental effects, demographic impacts, transformation of gender systems brought about by contact, the role of material culture in these first colonial endeavours, and specifically, the important evidence that maritime archaeology can bring to the fore. It is argued in this session that new lines of evidence and argumentation will be found through a history- archaeology joint collaboration. </text>
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                  <text>Dr. MarÃ­a Cruz Berrocal</text>
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                <text>Border and Shaping of Identities: The Fort of Nuestra Senora del Pilar of Zamboanga, Mindanao (Philippines)</text>
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                <text>At the end of the 15th century, Southeast Asia underwent a process of islamisation. Muslim presence in Southern Philippines was strongly fought by the Spaniards since 1570 and until the end of their presence in this archipelago. They named these Muslims moors, due to the similarity they established between them and the Muslims in the Iberian Peninsula. The Philippines was a border territory and the Philippine society was used to live at the edge of the Imperial possessions. The Sulu Sea was a real border zone from a geographical, cultural and historical point of view, whose study allows us to analyse the relations between the Spaniards and the local powers, and vice versa. Within this context, we will focus on the analysis of the history of the Hispanic forts in the island of Mindanao, in particular of the Fort of Nuestra SeÃ±ora del Pilar of Zamboanga, a really strategic settlement in Southern Philippines, whose historical development allows us to analyse the different policies introduced by the Hispanic Monarchy in these regions subjected to its nominal sovereignty.</text>
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                <text>Miguel Luque-TalavÃ¡n, in Van Tilburg, H., Tripati, S., Walker Vadillo, V., Fahy, B., and Kimura, J. (eds.)</text>
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                    <text>Astilleros: the Spanish shipyards of Sorsogon
Mary Jane Louise A. Bolunia
Archaeology Division, National Museum of the Philippines, Manila, Philippines
Email: mjlabolunia@yahoo.com
Abstract
When the Spanish colonizers reached Philippine soils, one of the earliest places they
occupied is the tip of southern Luzon including the San Bernardino Strait. The whole
area was known as Ambos Camarines and Albay. At present, it is the Bicol Region
comprised of six provinces. As one of the earliest Spanish-occupied areas, it was
exposed to Spanish activities like building of churches, government halls and
shipbuilding. Ancient shipyards called astilleros are found in Bicol. These were used for
construction and repair of the galleons that plied the Manila-Acapulco trade. This
present archaeological study looks into the shipyards of Sorsogon where three
shipyards were documented.

Key words: Astillero, Shipyard, Embocadero, Metal smelting, Seamanship
Introduction
The Spanish colonization of the Philippine archipelago (Scott, 1994, 1992; Arcilla 1971;
Pigafetta and Transylvanus, 1969) resulted in major changes in the lives of the peoples.
Communities lost their independence with the Spanish imposition of the plaza complex
resettling people within the government and church’s ambit (Jocano, 1998; Robles
1969). The majority of the local inhabitants were looked down by the colonizers
because of their different manner of dressing, eating and skin color while at the same
time surprised that these same people were very knowledgeable in seamanship and
metallurgy (Agoncillo, 1990; Jocano, 1998; Scott, 1994, 1992, 1977). Their knowledge
was exposed because of their ability to build different types and sizes of boats from
memory. Since the Spanish government had decided to maintain the Philippines, there
was a need to cut on cost both on the galleons and government. One measure was to
build the galleons locally through the astilleros or shipyards. Filipino involvement were
either direct through the actual construction of the shipyard, the galleons and as
seafarers, may be indirectly through metallurgy and related activities (Agoncillo, 1990;
Bolunia, 1995; Jocano, 1998; Mallari, 1999; Scott, 1981). The astilleros displaced many

1

�Filipinos because of their forcible transfer near the shipyard. Bicol experienced this. One
of its provinces, Sorsogon, was the location of several shipyards particularly in the
towns of Donsol and Pilar (Fig. 1). This present research looked into three astilleros in
Sorsogon. The objective is to find out why the Spaniards decided to establish astilleros
in this part of the archipelago and to validate what was written on documents by
archaeological evidences

.

Fig. 1. Map of Sorsogon Province. (NAMRIA)

Methodology
Library and archival research were conducted. Interviews with key cultural
consultants carried out. These were senior members of the population like Pedro
Nocido, 85 years old, resident of the astillero since he was five. Archaeological
activities included foot surveys, reconnaissance and excavations. Mapping of each
astillero was done to produce visual representation of the sites. Artifacts like metal
objects, earthenware and stoneware sherds as well as the features like furnace, ruins
of buildings were collected and drawn and included in the analysis. Laboratory tests
were conducted on some of the artifacts.
2

�The site
The Bicol Region is found at the southern tip of Luzon, with Sorsogon as its
southernmost province (Schurz, 1985; Bolunia, 1995; 1997; 1998).

It was a

favorable choice because it was directly located on the route of the galleons that
plied the Manila-Acapulco
trade. It had forests with
the

best

trees

for

shipbuilding

and

a

population

who

were

skilled in boat-building and
metal working. Sorsogon
is bounded on the north by
Albay, on the east by the
Pacific

Ocean,

on

the

south by San Bernardino
Strait, and on the west by
Ticao and Burias Passes
(Fig. 2). It has a total land
area of 2,141.4 sq. km.
The San Bernardino Strait
or the Embocadero
is the passage of all
galleons

(Malanyaon,

Fig. 2. Maps showing the location of the astilleros in the towns of

1991). Two of its towns, Donsol (above) and Pilar (below). (NAMRIA)
Donsol and Pilar, face the
South China Sea on the west.

Both towns are sheltered from typhoons. Both have extensive coasts dotted by bays,
coves and major rivers that are navigable (Fig. 2). The town of Donsol is at the
eastern side of the Donsol River (Dery, 1991; Goyena del Prado, 1981; Mallari, 1990).
Its land area is approximately 156.3 square kilometers comprised of flatlands and low
3

�mountains, streams and rivers, with Donsol River (12.908 0 N and 123.5980 E) as a
major river used for transport and food source. The town of Pilar (12.9260 N and
123.6760 E) is found east of Donsol with an approximate area of 248.1313 square
kilometers of forests, hills, rivers and bays. An extensive mangrove surrounds it for a
safe haven for boat and people.
The Astilleros of Donsol and Pilar, Sorsogon
Astillero is the Spanish term for shipyard. These were established during the Spanish
Colonial Period to cut on the construction cost of the galleons that plied the ManilaAcapulco route (Schurz, 1985), the lifeline of the Spanish government. Their
seaworthiness was of primary importance for an uninterrupted trade and exchange of
European goods and silver and Chinese trade ware ceramics, silks and precious
objects. The astilleros were either established at the mouth of a river like the Donsol
astillero or on a cove like the Pilar astileros. The two astilleros of Pilar are separated
by bodies of waters. One is inland while the other is nearer the sea. Both are
adjacent to deep waters. The more inland is Binanuahan Astillero, located at the Pilar
Peninsula. Prior to road networks, this can be reached by boat through Pilar Bay. The
bay is a natural harbor and a
natural barrier. The survey of the
site yielded artifacts like slag,
corroded iron nails, Chinese,
European

and

local

ceramic

sherds. Documented were ruins
of an old stone structure (Fig. 3)
with a floor area of 288 square
meters and thick walls (Bolunia,
2006).

Provisions

for

large

Fig. 3. One of the remaining walls of the structure in

windows were also evident. A Panlatuan Astillero. (Mary Jane Louise A. Bolunia).
few meters away are remains of

the palm palisade anahaw (Livistona sp.). It is approximately 100 m long with only the
top visible during low tide. Two large wooden posts with a diameter of 40-50
4

�cm were also documented.
The Panlatuan Astillero (Fig. 4) is located on a cove. Deep waters, two rivers, an
extensive mangrove made it a favorable choice for an astillero including a vast
flatland and a hill. Corroded iron nails,
chain rings, bronze sheathing nails, iron tools, a porthole window, Chinese, European
and local ceramic sherds, brick tiles and Spanish coin were recovered. A large slag
concentration was also found on the northeastern side. Remains of large wooden
posts were equidistantly buried. Ruins of watchtowers

Fig. 4. The Panlatuan Astillero showing the location of the
various features associated with the shipyard. (National
Museum, Philippines)

and a warehouse were also documented including remains of a big gate (Bolunia,
Santiago and Penalosa, 2011). Two old deep wells were still being used by the
owners. The Donsol Astillero is located on the lower reaches of the Donsol River.
This astillero was established by reclaiming part of the mangrove around the area
based on the auger-coring conducted (Bolunia, 1997, 1998). It has an approximate
5

�Fig. 5. The team members, Mssrs. Penalosa and Toling, posing
beside the 3 m long anchor from the Donsol astillero. At right
is a scientific illustration of the same anchor. (Mary Jane
Louise A. Bolunia)

area of 11,000 square meters and thickness of 1.75 m with 19,250 cubic meters of
sandy clay fill (Aguilera, 1997). Survey, test and full-blown excavations showed that
296 square meters were used for various purposes (Bolunia, 1995; 1997; 1998).
Thousands of artifacts and ecofacts were recovered and the remains of the base of a
furnace (Bolunia, 1997; 1998). Iron nails and spikes, copper sheathing nails and cut
sheets, lead objects, Chinese and European trade ware ceramic sherds, animal
bones, shells, wood, lime, stones, Spanish bronze coins, and more than 400 kg of
slag were recovered (Bolunia, 1997; 1998). Earthenware moulds showing traces of
melted copper and clay tubes or tuyeres were also recovered. A three-meter anchor
was also found (Fig. 5). Coal, coke and charcoal were the fuel types recovered. The
coke was of high quality based the analysis conducted by the Department of Energy
(Bolunia 1998). Coal and coke are major ingredients in iron smelting together with
lime and the ore. Charcoal was sourced from the mangrove (Rhizophora sp.) that
grew abundantly around. It is a very good fuel because it burns longer and produces
a high temperature. The furnace was for smelting based on the slag, lime and burnt
surface observed. Iron tools like tongs, wedge, anvil were also recovered. Large
wooden posts, approximately 30 cm were also documented in the direction of the
6

�river. Previous studies on the Manila Galleon trade usually focused on the shipwreck
and its economic importance. Studies on the shipyards where these galleons were
built and repaired are few (Dery, 1991; Schurz, 1985). These assumptions were
arrived at after reviewing the available documents. The study of the astilleros showed
that the Spaniards took advantage of the favorable landscape of Sorsogon and its
strategic location in relation to the San Bernardino Strait. The Donsol Astillero was
studied extensively because of its accessibility (Bolunia, 1995; 1997; 1998). The
knowledge of the local people was picked when a three-meter Spanish anchor was
exposed after a flood in the1950s. Mallari (1990; 1999) writes that a shipyard was
built in Donsol where an encounter with pirates occurred resulting in the
abandonment of its anchor. Pedro Nocido, mentioned of the presence of the frame of
a big ship whose keel and ribs (frame) were eventually used as fuel. Furthermore,
Nocido described that the area was flatland planted with hardwoods. Linguistically,
the people residing in the Donsol astillero spoke the dialect spoken in Pilar. They are
the only ones not speaking the Donsol dialect. They attribute this to their ancestors
from Pilar which was a part of Donsol then. Nocido also mentioned that the Spanish
mestizo owner was a friend of the Pilar astillero owners. The presence of wooden
posts near the riverbanks can be associated with a pier. These wooden posts
approximately 30 - 40 cm were deeply buried for mooring. The posts have pointed
and grooved ends that would secure them. In the Panlatuan astillero, the wooden
posts were still firmly secured even if only 30 cm can be seen during low tide. They
were arranged either parallel or perpendular to each other.
The presence of stone structures point to a single construction architecture prevalent
during the Spanish period. The use of tiles as roof was observed as well as the
construction of thick walls using riverine stones and adobe tuff. They have big window
and door frames. The deep water well used adobe tuff while the watch tower used
riverine stones. Lastly, the fence that enclosed the Panlatuan Astillero also used
broken glass on the top for added protection. Based on the artifacts recovered, the
structures documented and the accounts given by the cultural consultants, the
astilleros were established to complement each other based on the types of activities
that were carried out. The Donsol astillero was used as construction and repair site
7

�and smelting site while the Binanuahan astillero must have been the administrative
site and the Panlatuan astillero the construction site and smelting site. It is easier to
smelt ore in Donsol and Panlatuan because of the rivers that can transport the coal
from its origin. It is also easy to roll the galleon once construction or repair work is
finished. The waters nearby are also deep; favorable for rolling the ship. In the
Binanuahan astillero, the remains of the palisade can be construed as a way of
securing the place of administration. The ruins point more to a building of commerce
because of the presence of big windows, a courtyard and doors.
It has been said by many authors (Schurz, 1985; Mallari, 1990; Dery, 1991, 1996;
Legarda, 1999) that the Bicol Region was the location of shipyards because of the
forests and its skilled boatbuilders. Bicol, especially Sorsogon, is dotted with bays
and coves as well as navigable rivers and streams that serve as transport system for
humans and cargoes. Sorsogon faces the famous San Bernardino Strait or the
Embocadero, the main access route for the galleons. Bicolanos, like the other boat
builders, were capable of building big and small boats (Cuevas, Ronquillo and
Santiago, 2006; Scott, 1981, 1994). Those who worked in the astilleros were not only
skilled boat builders and mariners but also skilled in handling metals. Up to the
present, there are still blacksmiths in Sorsogon making machetes and other objects
that may be requested.
Archaeological evidences have indicated that even as early as 500 BC there were
already inhabitants in the archipelago who had knowledge of metallurgy (Beyer, 1947;
Fox, 1970; Solheim, 2002; Dizon, 1988). Dizon (1979) in his archaeological
excavation in Sorsogon was able to identify some iron tools and implements that date
to 200 BC. This knowledge is thus presumed to have persisted until the coming of the
Spaniards. It is not the domain of this paper to tackle how this knowledge was
acquired. The shipyards of Sorsogon continue to beguile those who want to know
what these bastions of Spanish colonization looked like. At present, there are no
shipyards to construct galleons but many Bicolanos, especially those from the towns
of Donsol and Pilar are still making boats either for their own use or for commerce.
They still use their skills in choosing which wood is good for the keel and which

8

�should be used for other parts of the boat. They do not use blueprints or complex
tools. When asked, their ready answer is still “because it has been done that way”.
Discussion
Previous studies on the Manila Galleon Trade usually focused on the shipwreck and
its economic importance. Studies on the shipyards where these galleons were built
and repaired are few and scanty (Dery 1991; Schurz 1985). Their locations were not
specifically pointed out while the activities were left out for the reader’s own
interpretations.

These assumptions were arrived at after reviewing the available

documents. Based on the three astilleros, the Spaniards took advantage of the
favorable landscape and strategic location of Sorsogon. The Donsol Astillero was
studied extensively because of its accessibility (Bolunia 1995; 1997; 1998). This
location became a bane because many people decided to recycle the materials. The
knowledge of the local people was alerted when a strong typhoon hit the town of
Donsol in the 1950s flooding the whole town including the astillero. After the water
receded, a 3 m Spanish anchor was exposed. Mallari (1990; 1999) wrote that there
was once a shipyard in Donsol and an encounter with pirates occurred resulting in
burning the galleon thus the anchor. My cultural consultant, Pedro Nocido, also
mentioned of the presence of the frame of a big ship whose keel and ribs (frame)
were eventually used by the locals for fuel. Had I come a earlier, I would have seen it
lying on the shore. Nobody was familiar that the wooden frame was part of a ship
although they often heard that these ships went to the alta mar or high seas.
Furthermore, Nocido described that the area was flatland planted with hardwoods.
Unfortunately, when I did my study, only coconut and fruit trees remained in the
astillero.
Linguistically, the people residing in the Donsol astillero spoke the Bicol Pilar dialect.
They are the only ones not speaking the Bicol Donsol dialect. They attribute this to
their ancestors originating from Pilar which was part of Donsol then. The Spanish
mestizo owner was a friend of the owners of the Pilar astillero according to Nocido.
The wooden posts near the riverbanks in all the three astilleros can be associated
with the presence of a pier. These huge wooden posts approximately 30-40 cm in
diameter that were deeply buried were neither for houses nor trading centers. This
9

�can be seen in the Donsol astillero where these wooden posts had pointed and
grooved ends that would secure them from being swayed. In the Panlatuan astillero,
the wooden posts were still firmly secured on the ground even if only approximately
30 cm can be seen during low tide.

They were arranged either parallel or

perpendular to each other. The presence of structures in the three astilleros also
point to a single construction architecture that was prevalent during the Spanish
period. The use of earthenware roofing tiles, thick walls using riverine stones and
adobe tuff and lime mortar. The remains of the different structures are similar to those
other Spanish period structures that have big windows and door frames. The deep
well for water also used adobe tuff as building material. The foundation for the watch
tower also used riverine cobble stones. Lastly, the fence that enclosed the Panlatuan
Astillero did not only use cobble stones but also added imported broken glass on the
top for added protection.
Based on the artifacts recovered, the structures documented and the accounts given
by the cultural consultants, the three astilleros were established to complement each
other. This can be based on the types of activities that were carried out in the
different astilleros where there was no duplication observed. The Donsol astillero
was used as construction and repair site for galleons and smelting site too. The
Binanuahan astillero must have been the administrative site while the Panlatuan
astillero was also the construction site for galleons and smelting site for iron. It is
easier to smelt ore in Donsol and Panlatuan because of the rivers that can transport
the coal from Batan Island to the sites.

It is also easy to roll the galleon once

construction or repair work is finished and this same for the Panlatuan astillero. The
area was large and it was possible to conduct various shipbuilding activities. The
ruins of a watchtower as well as the possible warehouse and the large water wells
are testament to its size. Large amount of slag and the oily soil can still be seen at
present near the shore that would point to smelting activities before. The waters
nearby is also deep, favorable for rolling the ship once it is built or repaired. In the
Binanuahan astillero on the other hand, the remains of the palisade can be construed
as a way of securing the place of administration. The ruins of the structure point more
to a house or building of commerce rather than a storage structure because of the
10

�presence of openings for windows, a courtyard and doors. Unfortunately, it was
impossible to see the full extent of the palisade because of natural (tidal changes)
and human interventions. Interviews conducted with the locals confirmed the
impression that much of the astillero is already underwater because of the presence
of two river systems that meet nearby.
It has been said by many authors (Schurz, 1985; Mallari, 1990; Dery, 1991; Legarda,
1999) that the Bicol Region was one of the areas where shipyards were constructed
because it had some of the best forests where hardwoods can be found in addition to
its skilled boat builders. Bicol, especially Sorsogon, is dotted with bays and coves as
well as navigable rivers and streams that serve as transport system for human and
cargoes alike. Both natural and human resources made Sorsogon a good choice for
the establishment of astilleros with Sorsogon facing the famous San Bernardino Strait,
the main route of the galleons. Bicolanos, like the other boat builders in the country,
were capable of building big and small boats (Cuevas and Santiago, 2006; Scott,
1981; 1994). They were skilled boat-builders, mariners and metallurgists. At present,
there are still blacksmiths in Sorsogon making machetes. Archaeological evidences
have indicated that as early as 500 BC the inhabitants of the archipelago had
knowledge of metallurgy (Beyer, 1947; Fox, 1970; Solheim, 2002; Dizon, 1988, 1979).
This knowledge is thus presumed to have persisted until the coming of the Spaniards.
The shipyards of Sorsogon continue to beguile people. At present, there are no more
shipyards but many Bicolanos, including those from Donsol and Pilar still making
boats for their own use or for commerce. They do not have blueprints nor complex
tools. When asked, their answer is “because it has been done that way”.
Acknowledgment
I would like to acknowledge the help extended by the National Museum, Department
of Tourism-Region V, Department of Energy, Sorsogon Provincial Tourism Council,
Spanish Program for Cultural Cooperation, Drs. Francisco Datar and Meliton Ordillas,
Messrs. Rey Santiago, Melchor Aguilera, Antonio Penalosa, Alfredo Orogo and the
lot owners.

11

�References
Agoncillo, T., 1990. History of the Filipino People. Garotech Publishing, Quezon City.
Aguilera, M. L., 1997.

Detailed Geological Study of Astillero Site in Barangay

Dancalan, Donsol, Sorsogon. In The Astillero: A Metal Smelting Site, Bgy. Dancalan,
Donsol, Sorsogon.

A Report submitted to the Department of Tourism. National

Museum, Manila: 1-14.
Arcilla, J. S., 1971. An Introduction to Philippine History. Ateneo de Manila University
Press, Quezon City.
Beyer, H. O., 1947.

Outline Review of Philippine Archaeology by Islands and

Provinces. The Philippine Journal of Science, Vol. 77 (3-4) July-August 1947.
Bolunia, M. J. L. A., 1998. Astillero: An Archaeological Analysis of a 19th Century
Metal Smelting Site. University of the Philippines, Unpublished Thesis.
Bolunia, M. J. L. A., 1997. The Astillero: A Metal Smelting Site, Bgy. Dancalan, Donsol,
Sorsogon.

A Report Submitted to the Department of Tourism. National Museum,

Manila: 15-53.
Bolunia, M. J. L. A., 1995. Preliminary Report on the Archaeological Exploration and
Test Excavation of the Astillero Site, Dancalan, Donsol, Sorsogon.

Manuscript.

National Museum, Manila.
Cuevas, M., Ronquillo, W., and Santiago, R., 2006. Boat Building Traditions in Pre-18th
Century Philippines. ASEAN-COCI, Kuala Lumpur, Malaysia.
Dery, L. C., 1991. From Ibalon to Sorsogon: A Historical Survey of Sorsogon Province
to 1905. New Day Publishers, Quezon City.
Dizon, E. Z., 1988.

Iron Age in the Philippines.

PhD Dissertation.

University of

Pennsylvania, United States of America.
Dizon, E. Z., 1979. Tigkiw na Saday: Final Report. Anthropological Papers No. 2,
National Museum, Manila, p.49.
Department of Energy., 1997. Energy Research Laboratory Report. Department of
Energy, Makati, p.2.
Goyena, D. P. M., 1981. Ibalon: Ethnohistory of Bikol Region. AMS Press,
City.
12

Legazpi

�Jocano, F. L., 1998. Filipino Prehistory: Rediscovering Precolonial Heritage. Punlad
House, Quezon City.
Fox, R., 1970. The Tabon Caves. National Museum, Manila.
Mallari, F., S. J., 1990. Vignettes of Bicol History. New Day Publishers, Quezon City.
Mallari, F., S.J., 1999. Ibalon Under Siege. New Day Publishers, Quezon City.
Malanyaon, J., 1991. Philippines: A History of the Bikol Region. AMS Press, Naga
City.
Legarda, B., 1999. After the Galleons. Ateneo de Manila University Press, Quezon
City.
Pigafetta, A., and Transylvanus, M., 1969. First Voyage Around the World and de
Moluccis Insulis. Filipiniana Book Guild, Manila.
Robles, E. G., 1969. The Philippines in the Nineteenth Century. Malaya Books, Inc.,
Quezon City
Schurz, W. L., 1985. The Manila Galleon. E.P. Dutton &amp; Co., New York.
Scott, W. H., 1994.

Barangay: Sixteenth Century Philippine Culture &amp; Society.

Ateneo de Manila University Press, Quezon City.
Scott, W. H., 1992. Looking for the Prehispanic Filipino. New Day Publishers, Quezon
City.
Scott, W. H., 1977. Prehispanic Source Materials for the Study of Philippine History.
Revised Edition. New Day Publishers, Quezon City.
Scott, W. H., 1981. Boat Building and Seamanship in Classic Philippine Society.
National Museum, Manila.
Solheim, W., 2002. The Archaeology of Central Philippines: A Study Chiefly of the Iron
Age

and

its

Relationships.

Revised

Edition,

University

of

the

Philippines,

Archaeological Studies Program, Quezon City.
Mary Jane Louise A. Bolunia is the Acting Senior Museum Researcher and is
presently the Officer-in-Charge of the Archaeology Division. She earned her PhD in
Anthropology from the University of the Philippines. Her research interests include
prehistoric maritime trade and exchange. She has been working in Butuan excavating
the fourth and fifth prehistoric Butuan boats ca. 12th-13th centuries CE.

13

�</text>
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                  <text>Introduction interview with session chair MarÃ­a Cruz Berrocal and links to the papers presented in the session.</text>
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                  <text>Research on early modern colonialism in the Asia-Pacific region makes a fundamental contribution to the study of Global History. In the last decades, historians are highlighting the region's relevance in the transformation of global economy through its role in far-reaching trade networks. The early beginnings of colonialism in the region, as well as the role of non-Angloamerican colonial agents in the shaping of modern world have been also highlighted.&#13;
Although these debates have been driven largely from history, archaeology must become more prominent for the study of early modern colonialism in the Asia-Pacific region through the study of consumption patterns, environmental effects, demographic impacts, transformation of gender systems brought about by contact, the role of material culture in these first colonial endeavours, and specifically, the important evidence that maritime archaeology can bring to the fore. It is argued in this session that new lines of evidence and argumentation will be found through a history- archaeology joint collaboration. </text>
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                <text>Astilleros: the Spanish shipyards of Sorsogon</text>
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                <text>When the Spanish colonizers reached Philippine soils, one of the earliest places they occupied is the tip of southern Luzon including the San Bernardino Strait. The whole area was known as Ambos Camarines and Albay. At present, it is the Bicol Region comprised of six provinces. As one of the earliest Spanish-occupied areas, it was exposed to Spanish activities like building of churches, government halls and shipbuilding. Ancient shipyards called astilleros are found in Bicol. These were used for construction and repair of the galleons that plied the Manila-Acapulco trade. This present archaeological study looks into the shipyards of Sorsogon where three shipyards were documented.</text>
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                <text>Mary Jane Louise A. Bolunia, in Van Tilburg, H., Tripati, S., Walker Vadillo, V., Fahy, B., and Kimura, J. (eds.)</text>
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                    <text>The impact of mass media in the discrimination of Hispanic sunken heritage and
the implementation of the UNESCO 2001 Convention
Jesus García Calero
Cultural section, ABC Newspaper, Spain
Email: caleroje@gmail.com
Abstract
Sunken Hispanic heritage has been perceived sometimes just as an amount of gold and
treasures. Unfortunately this widespread approach has prevented archaeologists to
succeed in connecting the Hispanic-related cultural remains and shipwrecks with
America’s naval archaeological record. The treasure hunting industry took advantage on
this and now we regret the destruction of dozens of sites. UNESCO’s 2001 Convention
for the Protection of Underwater Cultural Heritage (CUPCH) (henceforth the
Convention) is still the only legal and cooperative framework available to avoid Hispanic
sunken ships from looting and dissolving into the marketplace. This is why treasure
hunters, from 2010, undertook coordinated attacks against the Convention, often
displaying dishonest behaviors, as was demonstrated in Courts, and requesting to be
considered fair archaeological contractors. They gathered unfavorable opinions against
the Convention even from archaeologists who agree with the UNESCO criteria but want
an enforcement of research and projects suggested in the Convention but are
concerned about misreading "in situ" conservation as if it were "in situ" oblivion. Now a
new Heritage Act in Colombia allows treasure hunting companies to dig colonial
shipwrecks legally. This is a beachhead and a challenge for the Convention's signatory
countries as well as for archaeologists. The more scientific standards we set, the more
actively committed with research and sharing knowledge we must be.
Key words: Hispanic, Underwater cultural heritage, Treasure hunters, Mass media,
Discrimination
Introduction
America’s history can no longer be told confronting Hispanic and Anglo-Saxon visions.
Revealing works such as John H. Elliott’s Empires of the Atlantic World (2006) have
focussed on the intertwined tale of both cultures, surpassing some 20th century
prejudices that lost all sense in the current multi-ethnic society. Elliott shows just how
the fates of both empires in the New World were closely linked, with surprising
contemporary nuances. It’s time to fight the wrong view on sunken Hispanic heritage as
a collection of treasures just to be rescued. Perhaps the law of the sea (“finders,
keepers”), conceived to justify fortuitous finds, has been shown to be harmful enough as
well as inaccurate to define the premeditated and technologically-sophisticated search
1

�of shipwrecks laden with treasure. In the name of old postulates, the new treasurehunting businesses have committed - and are committing - one of the greatest cultural
disasters to affect mankind in the 20th and 21st centuries. We are referring to what
Tony Horwitz, the shrewd American columnist, expressed in his The New York Times
article “Immigration – The Curse of the Black Legend” (2006). In that article, he quotes
Carlos Fuentes, who said “The Hispanic world did not come to the United States; the
United States came to the Hispanic world. It is perhaps an act of poetic justice that now
the Hispanic world should return”. Thus the vision we now invoke is vindicated. And this
year we’ve had the opportunity to think deeper on this matter, after the publication of
“Our America” the new book by Felipe Fernandez-Armesto (2014), who describes
clearly the struggle even inside the American historiography for taking into account the
Spanish branch of the past we all share. The idea that the remains of colonial Hispanic
sunken vessels correspond to stolen goods, and that the people who perished in those
shipwrecks were morally deficient legitimizes the virtual sacking of those very remains,
and is commonplace in the pages where bounty hunters announce themselves to their
would-be investors. They show no interest in the study of the people from different
backgrounds and cultures that were aboard those ships, nor in the scientific
consequences of such a revealing study. Such ideology has nothing to do with
archaeology. Is the adventurer, surging from the deep sites, a paradigm to anyone who
has seen their wildest dreams come true or to whom Providence has rewarded the
greatest of efforts by being covered with shipwrecked jewels ripped out of what once
was a tomb? There is nothing exemplary about those practices. No single archaeologist
worthy of his title can deny the character of the real American history in each and every
one of those objects. And the same goes for the moral or legal ties with the societies
and people they originate from. An entire historical record has been mistreated by a
destructive industry, and a whole culture discriminated.
The low or practically inexistent scientific level and methodology that have guided
“traditional” treasure - hunting businesses that flaunt administrative permits is also a byproduct of an “ideology” with which they argue in favor of the fruit of their labor. Back in
April 2006 when Wilf Bloom, in charge of Deep Blue Marine, announced (Hollenhorst,
2006) the likely finding of the ship “El Salvador”, he told the Associated Press: “There’s
2

�a lot of blood on that gold”. Bloom also made a commitment to invest 10% of the bounty
on hospitals and schools in “the regions of South America plundered by early Spanish
explorers”. Such good intentions did not go beyond paying lip service to the message,
but did provide a handy justification designed to align public opinion with something
similar to the idea of the redemption of a black legend… in order to turn a handsome
profit. Similar harsh arguments, that painfully caricaturize the history of Spain and
America have been bandied before official forums in the United States, a practice that
fortunately has not affected the impeccable American archaeological and scientific
policies, but has nevertheless influenced its people. Proof of this are the large mass
media corporations, who act as sounding boards for those who talk about treasures and
value archaeological finds in terms of how many million dollars they are worth.
We can see it in most press releases, even in the best exceptions (such as how The
New York Times treated the story of the finding of the so-called “Black Swan” on May
19th, 2007) (Aguayo, 2007). The weight of the treasure-hunter industry is usually
overwhelming - 13 out of 17 paragraphs in that article - against the few voices of marine
archaeologists. In our example, the article started thus: “Explorers for a shipwreck
exploration company based in Tampa said Friday that they had located a treasure
estimated to be worth hundreds of millions of dollars in what may be the richest
undersea treasure recovery to date”. A good example of news media coverage of an
important case is the litigation between Odyssey Marine Exploration (OME) and Spain
over the cargo found in the remains of Spanish frigate “Mercedes”, where we can
readily see that in the United States - where American courts have sided with Spain and
where both the U.S. government and its Navy supported Spain’s position– there has
been no other voice heard except for that of the Tampa Company and its media
connections.
Curiously enough, as a contrast and example of the problem that we pose here, two
years after the “Black Swan” story, the same company announced the finding of the
English ship “HMS Victory” in the English Channel, and we were told the story of the
shipwreck and its victims from the newspaper article’s very first paragraph: “Sea
explorers probing the depths of the English Channel have discovered what they say is a
legendary British warship that sank in a fierce storm in 1744, losing more than 900 men
3

�and possibly four tons of gold coins that could be worth $1 billion” (The New York
Times, February 2nd 2009). The difference in how the story is told from a heritage
perspective shows how the story plays depending on its origin. While it may be a small
subtlety, it has had a devastating effect on the Hispanic archaeological record. Without
cultivating a mere curiosity for history, the average person only reads about tons of
coins, hundreds of millions of dollars and, eventually, the tough litigation against a
power that stars in this new version of the black legend. That poses a great challenge
for the scientific community and the historian, who today has to bring about a change in
that perception.
The 2001 Convention
After all has been said and done, it is true that the 2001 UNESCO Convention on the
Protection of Underwater Cultural Heritage (CPUCH, 2001) remains at the center of the
present debate as the only international legal and cooperative referent for the scientific
community to approach a solution to the multiple, complex and polemical problems
related to the historical underwater record. That is why we consider the implementation
of its criteria as the most accessible safeguard of the endangered Hispanic heritage.
Nevertheless, we shall see that in that regard, there has been a well-coordinated
offensive in the last few years. In an article published in the Spanish daily ABC on
November 22nd 2012, Filipe Castro and José Luis Casabán discussed the new forms
adopted by the bounty-hunting industry:
1) The companies associated with large marine industries act in a shrouded veil of
secrecy, on shipwrecks for which they already have buyers;
2) The traditional, ruinous companies, who are responsible for the destruction of a good
part of the Spanish wrecks found off the American and African coasts in shallow waters;
and
3) The other intermediaries, such as Odyssey Marine Exploration, who boast of being “a
great company financed by its shareholders in the stock market, and are always quick
to act and always reinventing themselves, with endless smokescreens to create
illusions and situations, one step ahead of the mass media and of the regulating bodies,
supported by important political entities in the USA” (Castro and Casabán, 2012).

4

�It is true, as is often heard, that most of the treasure hunters are involved in a ruinous
business. Ever since the industry’s expansion, the ever-intelligent Peter Throckmorton
(1990) understood that conservation of the heritage is a public concern. This debate,
which I already touched on in a previous article entitled "Looting is not listed in the stock
exchange" (García Calero, 2009), couldn’t be more applicable today. The reason is that
we must assume the responsibility for the collective failure that supposes that the stock
exchange and markets have not been able to choose a company that engages in the
best practices. A company as protean as OME has seen a good share of its “creative
force” impugned by its handling of the “Mercedes” case, not only due to the decisions it
took in 2007, but also due to its attitude in the litigation against Spain.
This is how the Honorable Judge Steven D. Merryday saw it when he condemned the
company to pay the trial-related costs, and with harsh words said: They were searching
for “a vessel and a location and a cargo all well documented and well known to Odyssey
from the start and from long before the first day of this litigation”. The Judge also said:
“To come to court and deny the truth of these facts is, as stated earlier, an unacceptable
enormity propounded and maintained in bad faith and for an improper purpose”. Judge
Merryday went on to say: "This bad faith conduct by Odyssey, dismissive of the
applicable standards, dismissive of the court, and dismissive of the opposing party,
cannot stand unaddressed by sanctions” (2007). So we would have to ask why this
company who as Castro and Casabán have said (2012), pretends to be close to an
archaeological dealer and hire archaeologists to supervise the work and even to publish
its results, would print the "Odyssey Papers 13" in 2010.
Back in 2009 the Tampa court had already shown signs that it would side with Spain
against OME, and less than a year later, OME sponsored a symposium in New Orleans
and published said “Papers 13”, whose main objective was to cast a reasonable doubt
over the validity and the adequacy of the CPUCH. In that publication, Sean Kingsley
(2010), a fine archaeologist who works for the Tampa company, makes an effort to
distance the Odyssey practices from the old industry (he seems indignant when he cites
Robert Grenier for referring (2006) to the old industry as one of “precious metal
miners”). Kingsley goes on to justify the work done by Odyssey on the “HMS Victory”:
“This careful and concerned approach to underwater cultural heritage is a world apart
5

�from the hit and run image depicted above by Robert Grenier, although it must be
acknowledged that standards are far from uniform across the entire commercial marine
archaeology field” [the underlining is ours]. Such final confession is striking when it
refers to those who are directing continuous attacks against the CPUCH as an
international referent due to the “irrelevance” of the in situ conservation criterion. Article
2.5 of the 2001 Convention states: “The preservation in situ of underwater cultural
heritage shall be considered as the first option before allowing or engaging in any
activities directed at this heritage”. The ransacking of the “Mercedes” took place merely
a year after Grenier’s comments, but for Odyssey the problem is the Convention, as is
defended in “Papers 13”, made up of a combination of various authors united by a
critical view. Evidently, nothing can prevent anyone from holding a contrary opinion or
nuance to in situ conservation, above all in countries like Spain, where such criteria end
up covering up for certain lack of action by civil servants regarding public initiatives to
promote archaeological research of our rich underwater heritage. However, such
posture is best understood in men like Kingsley when it is precisely the spirit of the
Convention that the Joint Nautical Archaeological Policy Committee applied in the “HMS
Victory” case, when it barred the Tampa Company from digging.
We must remember that the British Ministry of Defense contracts have raised
considerable and bitter polemic between archaeologists and Her Majesty’s Government,
and that in Parliament, Lord Renfrew has shown this criticism at its highest level, as
reflected in an interview (Bergareche, 2012) published by Spanish daily ABC. The
Convention and its Annex, which regulates the necessary conditions before research
can be deemed scientifically acceptable, worry the very same people whose conscience
makes them say that “standards are far from uniform across the entire commercial
marine archaeology”. Even then, there is also criticism from the archaeological world
which, without impugning the Convention’s criteria, demands that it be applied in its
totality, including the bases for the active research and training of a new generation of
archaeologists who, out of the absence of projects and passive bureaucracy, will not
have a more promising future. In Odyssey’s already cited «Papers 13», Filipe Castro
writes on that subject (Castro, 2010). We agree: It is the same people who subscribed
and regulated the Convention who should be most active and exemplary, and not hide
6

�behind a facade of passivity, because the heritage that we have to protect calls for
knowledge as the first contribution to society. That is truly the real “treasure”. That is the
permanent risk of the Hispanic heritage. It must not be touched without proper scientific
method and the due respect to the sites. This makes the Convention pertinent and
timely. The technology that allows us to reach the wrecks found in the depths is not
enough to open a Pandora’s Box of contracting sui generis archaeological companies.
The publications by Odyssey and other companies that warn against the danger of
trawler fishing and other harmful activities are not enough to open the hunting season
on the heritage. One must ask why, as in the two faces of Janus, the archaeologist and
the treasure hunter live in such a narrow dialectic and increasingly confusing limits. And
to understand why, we must go back to the origins. In those mythical days, when
George Bass and a handful of pioneers were setting the basis for this scientific
discipline, others were also laying the foundations of the treasure-hunting industry. In
fact, in the case of the United States, organizations like the Council for Underwater
Archeology, created in 1959, or the Sea Research Society in 1972, counted on diving
experts among its founding members, like Robert Marx, who would quickly become one
of the treasure hunters who has been most active on the Hispanic cultural heritage. The
dichotomy between “trade goods” and “cultural artifacts” is then at the origins.
Let us turn to the present. What will be the next battlefield, then? Without a doubt the
problems are not over. To begin with, a recently passed law in Colombia will allow
companies from 2014 on, to dig wrecks in return for 50% of the salvaged objects. Thus
Colombia has launched the most aggressive attack on the Convention, something that
is not entirely casual, because that law has turned the Caribbean country into a “beachhead” for the landing of treasure-hunting industry, who will take advantage of a historical
opportunity to ensure their future as contractors. Colombian Constitution protects the
underwater heritage as a result of its triple consideration of inalienable, embargo-proof
and non-prescriptive. That of course means that in order to make a payment the cultural
goods will have to be alienated. And that is exactly the treatment of the heritage that we
denounce here as a traditional practice of treasure hunters, who in fact disconnect
found objects from its cultural value, turning them into mere marketable goods. How is it

7

�possible that some coins or ingots themselves be worthy of being kept in a museum and
yet not others? The magic is called “repetition criteria”.
Colombia actively participated in the creation of the CPUCH, but changed its role just
right before the vote and withdrew its backing to the project, in part due to the debates
raised in a country where treasure hunters have always found loyal allies. What few
people remember is that Robert Max is one of the inspiring forces behind the criteria of
the new Colombian law, and has participated in the Colombian legislative debate from
the very beginning. In fact, in 2003, in a hearing before that country’s Constitutional
Court (2003), he stated for the first of the projects aimed at achieving the penetration of
contractors to dig up treasure-bearing colonial-age shipwrecks. It is not a coincidence
that in three different occasions during the last decade a legislative bill with the same
purpose has gone before the Colombian parliament. As reported in El Espectador
(“Treasure hunters eye Colombia”, June 6th, 2009) (Padilla, 2009), Marx’s presence in
that Court in 2003 surprised more than a few. Curiously enough, that text was published
in June 2009, right after Spain’s first-round victory over Odyssey in the Tampa court. It
is as if, confronted with the likelihood of a possible defeat in the trial for the “Mercedes”
cargo, where the industry risked future digs of Spanish wrecks in international waters,
the powerful lobby became actively involved not only at the New Orleans congress, but
also with its Colombian connections. And they achieved their objectives; the Colombian
law takes effect this year.
The 50% split between the State and the contractor has been popularized by Robert
Marx over his more than 50 years of activity on Hispanic wrecks. And the repetition
criteria is a trick that will be specifically applied on coins, jewels and ingots dug from
future sites, but not on the nails, wooden planks nor ballast stones, that are also
repeated but have no market value.
What should worry those who are entrusted with protecting the heritage and also
defending the CPUCH is the complete enforcement of what UNESCO dictates.
Research, excavation and publication cannot be left for tomorrow, because with the
available technology, we simply do not know how much longer the Hispanic underwater
record will survive. Moreover, publishing becomes an urgent social responsibility for all
archaeologists. We must call for action and results, while at the same time demanding
8

�scientific standards. Not taking an active part in in situ conservation is to abandon the
excavation to the treasure hunters. An entire generation of archaeologists will be
tempted to take the non-scientific road if they want to work, a dilemma that should never
be imposed on any young lover of archaeology.
Worst of all, in that case the discrimination against the Hispanic heritage will never be
overcome because due to the mere fact of having arrived first to America, as John H.
Elliot said. In the process of mining silver and gold, the Spaniards gathered both
benefits and curses. From the beginning, the Spanish ships loaded with “treasures”
(Treasury) were the favorite prey of the pirates of old. When the galleons sailed, their
crews risked their lives over uncertain seas whose roads still lead to us. When they
came under attack, they sold their lives and their flags dearly. Today, shipwrecked, they
are helpless in light of the greed of these new, technologically super-refined pirates. The
only defense we can offer them is to tell their story well and not to let a whole world of
objects and artifacts that was sunk with them be dissolved, neither in the ocean nor in
the market place.
Acknowledgements
I am very grateful to APCONF for the opportunity to make visible the Hispanic point of
view of a problem we all share and let me speak to you from this far location. To the
UNESCO for his role and commitment to the protection of the UCH. To María Cruz
Berrocal and Veronica Walker Vadillo for their advice and ideas. And to all those who
struggle to prevent our heritage to be destroyed by a profit motive.
References
Aguayo, T., May 19th, 2007. A Bountiful Undersea Find, Sure to Invite Debate. The
New York Times. www.nytimes.com/2007/05/19/us/19treasure.html
Bergareche, B., October 24th 2012. Colin Renfrew: ‘Los Estados recurren a empresas
como Odyssey por ignorancia’. Diario ABC.

www.abc.es/20121024/cultura/abci-

renfrew-arqueologo-lord-odyssey-201210231911.html
Broad, W. J., February 2nd 2009. Treasure Hunters Say They’ve Found a 1744
Shipwreck.

The

New

York

Times,

www.nytimes.com/2009/02/03/science/03shipwreck.html?adxnnl=1&amp;adxnnlx=13883333
21-JEyXu6mX7CDdeVBRW4eXWA
9

�Castro, F., and Casabán, J. L., November 22nd 2012. Así operan los tres tipos de
cazatesoros

que

benefician

el

hobby

de

los

cleptócratas.

Diario

ABC.

www.abc.es/cultura/20121122/abci-filipe-castro-cazatesoros-hobby-201211211941.html
Castro, F., 2010. Archaeologists, Treasure Hunters, and the UNESCO Convention on
the Protection of the Underwater Cultural Heritage: a Personal Viewpoint. Odyssey
Papers 13. www.shipwreck.net/pdf/OMEPapers13-UNESCO.pdf
Corte Constitucional de Colombia: SENTENCIA C-474/03 PATRIMONIO CULTURAL Y
ARQUEOLOGICO DE LA NACION. 2003. Corte Constitucional de Colombia.
Elliott, J. H., 2006. Empires of the Atlantic World: Britain and Spain in America 14921830. Yale University Press, New Haven and London // Taurus, Madrid.
Fernández-Armesto, F., 2014. Our America. A Hispanic History of the United States W.
W. Norton and Company, pp. 402.
García Calero, J., 2009. El expolio no cotiza en bolsa. Economía Exterior. July issue,
2009 www.academia.edu/5550882/El_expolio_no_cotiza_en_bolsa.
Grenier, R., 2006. Introduction: Mankind, and at Times Nature, are the True Risks to
Underwater Cultural Heritage. In R. Grenier, D. Nutley, and I. Cochran (Eds.),
Underwater Cultural Heritage at Risk: Managing Natural and Human Impacts ICOMOS.
pp

X

and

XI.

ICOMOS,

2006.

Paris

www.international.icomos.org/risk/2006/fulldocan.pdf
Hollenhorst,

J.,

April

4

2006

Utahns

to

dive

for

treasure.

Desert

News

www.deseretnews.com/article/635196749/Utahns-to-dive-for-treasure.html?pg=all
Horwitz, T., July 9 2006. Immigration - and the Curse of the Black Legend. The New
York Times. www.nytimes.com/2006/07/09/opinion/09horwitz.html
Kingsley, S., 2010. Underwater Cultural Heritage and UNESCO in New Orleans: an
Introduction.

Odyssey

Papers

13:

1-6

www.shipwreck.net/pdf/OMEPapers13-

UNESCO.pdf
Ocean Navigator, january 2001. "Astrolabe found off Cape Verde Islands"
www.oceannavigator.com/January-February-2003/Astrolabe-found-off-Cape-VerdeIslands/

10

�Padilla, N. F., June 6th, 2009. Cazatesoros miran a Colombia. Diario “El Espectador”.
www.elespectador.com/impreso/hallazgo-arqueologico/articuloimpreso144368cazatesoros-miran-colombia.
Throckmorton, P., 1990. The World’s Worst Investment: Economics of Treasure Hunting
with Real Life Comparisons. In Underwater Archaeology Proceedings, from the Society
of Historical Archaeology Conference. Edited by Toni Carrel. Tucson, Arizona: 6-10.
-UNESCO., 2001. United Nations Educational, Scientific and Cultural Organization,
Convention on the Protection of Underwater Cultural Heritage (CPUCH).
Jesús García Calero (Segovia, 1965) is a Spanish journalist, graduate from the
Complutense University of Madrid. Since 1994 he has specialized in cultural information
and he is chief editor for Culture and Entertainment sections in nationwide newspaper
ABC, Madrid, from 1998. Most of his journalistic work addresses issues about Heritage,
Art and History, from the theft of valuable maps and manuscripts in the Spanish
National Library, to the case “Mercedes” and Odyssey Marine Exploration, or the
polemic authoring of some Goya’s paintings -like “Colossus”- at the Prado Museum. He
is also founder of the blog “Espejo de Navegantes”.

11

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                <text>Sunken Hispanic heritage has been perceived sometimes just as an amount of gold and treasures. Unfortunately this widespread approach has prevented archaeologists to succeed in connecting the Hispanic-related cultural remains and shipwrecks with Americaâ€™s naval archaeological record. The treasure hunting industry took advantage on this and now we regret the destruction of dozens of sites. UNESCOâ€™s 2001 Convention for the Protection of Underwater Cultural Heritage (CUPCH) (henceforth the Convention) is still the only legal and cooperative framework available to avoid Hispanic sunken ships from looting and dissolving into the marketplace. This is why treasure hunters, from 2010, undertook coordinated attacks against the Convention, often displaying dishonest behaviors, as was demonstrated in Courts, and requesting to be considered fair archaeological contractors. They gathered unfavorable opinions against the Convention even from archaeologists who agree with the UNESCO criteria but want an enforcement of research and projects suggested in the Convention but are concerned about misreading "in situ" conservation as if it were "in situ" oblivion. Now a new Heritage Act in Colombia allows treasure hunting companies to dig colonial shipwrecks legally. This is a beachhead and a challenge for the Convention's signatory countries as well as for archaeologists. The more scientific standards we set, the more actively committed with research and sharing knowledge we must be.</text>
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