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                    <text>The Shared Underwater Cultural Heritage of Japan and the
Netherlands: the Kanrin-maru

Leon Derksen
ICOMOS Netherlands
derksen.leon@gmail.com
Akifumi Iwabuchi
Tokyo University of Marine Science and Technology
iwabuchi@kaiyodai.ac.jp

Abstract
In 2014, a non-exhaustive inventory of the shared cultural heritage of the
Netherlands and Japan was made by the Dutch government in the context
of what the Netherlands calls its ‘Shared Cultural Heritage Policy’. This
inventory resulted in an overview of shared cultural heritage grouped into
the categories ‘maritime heritage’, ‘built heritage’, ‘museum collections’
and ‘archives’. Spread over seven different themes and linking to an equal
number of time periods, the inventory provided insights into where
opportunities for cultural collaboration would lie. One of the opportunities
of collaboration found revolved around the potentially preserved Dutch
shipwrecks in Japanese waters. This sparked the incentive to propose a
project-based partnership through a collaborative research project
between the Cultural Heritage Agency of the Netherlands and Tokyo
University of Marine Science and Technology, to locate and research the
shipwreck of the Kanrin-maru. The project, which commenced in 2017,
includes the involvement of Dutch and Japanese researchers to facilitate
the transfer of knowledge, as well as the involvement of trainees in order
to ensure capacity building. The Kanrin-maru was a warship specially built
in the Netherlands in 1856 on order of the Tokugawa Shogunate Navy. It
was brought to Japan in 1857, but in 1869 during the Boshin War between
Shogunate and Imperial forces it was taken over by the Imperial Japanese
Navy, and remained in the service of the Imperial Meiji government until
it foundered in the Tsugaru Strait in 1871. Although an anchor thought to
belong to the Kanrin-maru was found near where it was said to have
foundered, no wreck has been found to date. In November 2017, fieldwork
in Hokkaido, including material analysis upon its anchor, as well as library
or archival research is to be done by Dutch and Japanese archaeologists.

�Key words: UCH, Japan, Netherlands,
Introduction
Japan and the Netherlands, two nations sharing a history with over four
centuries of relations, have in recent years reinvigorated their cultural
bonds by promoting collaboration in topics of shared cultural heritage.
While this has already inspired a broad variety of forms of cultural
collaboration such as in the Arts and Crafts1, this also led to collaboration
in the specific field of maritime heritage and underwater cultural heritage
management. For in 2014, the Cultural Heritage Agency of the
Netherlands (RCE)2 and the Japanese Agency for Cultural Affairs
together with the Kyushu National Museum took the lead in this particular
field of collaboration. The main mutual benefit of their collaboration is that
it could help both nations to familiarize with the implications of ratifying the
Convention on the Protection of the Underwater Cultural Heritage. At the
same time, both nations have grabbed this opportunity to aim for
sustainable preservation of what is considered their shared underwater
cultural heritage.
This inspired the current authors to further the collaboration in the field of
shared underwater cultural heritage between the Netherlands and Japan
by proposing the formation a project-based partnership between the RCE
and Tokyo University of Marine Science and Technology, a member
institution of the UNESCO Underwater Archaeology UNITWIN Network
and Japan’s only university with both graduate and undergraduate
courses in nautical archaeology. An official agreement of this partnership
is in the making. With this paper, the current authors wish to promote the
potential of this project and the shared cultural heritage it represents.

�Main aims of the project are knowledge exchange and capacity building
by involving experts and trainees. It was decided that the main subject of
research and training would revolve around locating, and if found,
researching the wreck of the Kanrin-maru (咸臨丸): a Dutch-built screwpropelled steam schooner that supposedly wrecked near Kikonai
Municipality in Hokkaido in 1871. Since the story surrounding the ship and
its wrecking have become strongly rooted in the local community, and
have also been promoted by the local government, efforts will be made
throughout the project to involve the local community and government in
order to facilitate a sustainable preservation of the wreck, its story and
place within the local community.
Since the wreck of the Kanrin-maru has not yet been located, a start was
made in 2017 in order to assess whether locating the wreck is feasible. At
the time of writing, the initial research is well underway and consists of
desk research in both the Netherlands and Japan, as well as a survey in
the field planned somewhere between September and December this
year. Results of what has been gathered through desk research thus far
will be discussed in this paper. The sections further below provide a
historical background sketch, information on prior research, a general
project definition with corresponding aims, objectives and research
questions, and the preliminary results of the initial research. The paper
ends with preliminary conclusions and a thought on the implications of
these conclusions in regard to the continuation of the project.
Historical Background
From around 1639 to the year 1854, in a period now known as the
sakokujidai3, Japan had practically kept its doors shut to all westerners
but the Dutch. At the time, the Dutch were the only ones allowed to trade
with Japan through the tiny artificial island called Dejima4 that lay in front

�of Nagasaki. This centuries old privilege came to an end when in the years
1853-1854, steam warships of the United States Navy led by Commodore
Perry (1794-1858) entered Tokyo Bay and forced Japan to end its
isolation policy. Fearing a foreign invasion, the Tokugawa Shogunate
hastily sought means to build a naval fleet. And for this, the Japanese
turned to the Dutch (Kogure, 2008).
In order to jump-start this naval fleet, Japan ordered from the Dutch arms
and warships among other things, as well as instructors who were to
provide education and training in virtually all matters associated with the
navy (Chijs, 1867). Besides seeing direct economic benefits, the Dutch
hoped this deal would also help them in trying to maintain their foothold in
Japan in the midst of growing competition from other western nations
(Kogure, 2008). Meanwhile, the other naval powers were also planning on
catering Japan’s need for a naval force. In an attempt to beat the
competition, the Netherlands decided to grant the Soembing, a Dutch
paddlewheel steam warship, in 1855 (Stapelkamp, 1999). Sent along with
it was a first Marine Detachment of Dutch naval officers and sailors led by
G.C.C. Pels Rijcken that was to educate and train the Japanese on their
first western-built steam warship.
A year later in the Netherlands, construction commenced on the first
warship for the shogun’s navy. In 1857, the vessel originally named the
Japan was launched and was brought to Nagasaki that same year. Upon
arrival it was renamed to Kanrin-maru and taken into the service of the
Shogunate Navy, becoming the first screw-driven steam warship of
Japan. Together with the Kanrin-maru, the Dutch government sent a
second Marine Detachment that was to replace the first which had
remained there since 1855. The Kanrin-maru was used as a training

�vessel and thus became instrumental in the founding years of the
Japanese navy.
Six years after its introduction in the Japanese naval service, the Kanrinmaru followed in the wake of an American vessel called the Powhatan
which had on board an embassy bound for the United States of America
in order to ratify a new treaty between the USA and Japan. The vessel
crossed the Pacific with the help of a number of American naval officers,
including Captain John Mercer Brooke (1828-1906). To the Japanese
navy, the crossing was an important show of skills as it was only seven
years after Perry’s steam-driven ships had entered Tokyo Bay. This now
legendary voyage is still commemorated by Japan and the USA today, as
it marks an important event in the relations between Japan and the US.
What is more, for Japan it also marks as the second time in history that a
Japanese vessel is known to have crossed the Pacific (Fig. 1).

Fig. 1: The Kanrin-maru. (Yokohama Archives of History)

�In the years that followed, the Kanrin-maru remained mainly in use as a
training vessel. When in the years 1868-1869 the Boshin war broke loose,
which was a civil war between forces fighting for the shogunate and forces
fighting for the restoration of the Emperor as the greatest in power, the
Kanrin-maru was used as a military transport vessel in the fleet of the
shogunate until it became battered in a storm and was subsequently
overtaken by the imperial forces.
After the Boshin war had ended with the restoration to power of Emperor
Meiji, the Kanrin-maru remained in the service of the Imperial Navy and
was used as a passenger and transport ship. In 1871, it set sail towards
Hokkaido. Its mission was to safely transport 400 civilians who were to
immigrate into Hokkaido and to colonize it for cultivation. While traversing
the Tsugaru Strait, the Kanrin-maru hit a reef off Kikonai Municipality
where it began to make water. Almost all the passengers and all
crewmembers managed to survive, but the vessel itself supposedly sank
and was lost to the sea.
To this day no wreck has been found, although in 1984 a chance find was
made when a fishing boat hauled up an anchor supposedly at a location
near what is believed to be its wrecking site.
Today, the Kanrin-maru is commemorated through local annual festivities
among other things and has clearly conquered a special place in the
hearts and minds of the local community and government. This has been
most notably achieved by the efforts of the Society of the Kanrin-maru
Crew Descendants, who have been actively promoting this cultural
heritage and the fascinating story that surrounds Japan’s first screwdriven warship. Through this project, the parties involved can combine
their strength to help maintain this valuable source of shared cultural
heritage.

�Prior Research
A chance find occurred in 1984, when an anchor was salvaged from a
depth of 20 meters by a fishing vessel (Fig. 2). The exact location of the
find is still unknown, but a local newspaper stated that it was situated 2
kilometers off the coast of Kikonai Municipality. Subsequently, the anchor
was researched by an expert, who concluded it was highly likely though
still not 100% certain that the anchor belonged to the Kanrin-maru.

Fig. 2: Anchor. (Kikonai Municipality)
Other prior researches consisting of desk works, as well as fieldworks,
have been conducted at the presumed wrecking location before. Although
some remains of ship equipment or shipbuilding materials were said to be
recovered during those field researches, no definite wreck or potentially
associated finds to the Kanrin-maru have been found yet. According to
one Japanese underwater archeologist, all the remains of the Kanrin-maru
have perhaps already been swept away by the strong currents of Tsugaru
Strait.

�Project Definition
As shortly explained in the introduction, the main aims of the project are
to facilitate capacity building as well as knowledge exchange between the
organizations and individuals involved about underwater cultural heritage
management. With the Kanrin-maru as the research subject, the project
also aims to come to a sustainable preservation of the remains of the
Kanrin-maru, if found to be existent. Broader, over-arching aims are to
raise awareness of the existence of underwater cultural heritage among
an international public, and to further improve the bilateral relations
between the Netherlands and Japan.
The main aims will be achieved through the following objectives: Capacity
building through inviting maritime archaeologists and students to join in
on the search and possible research of the Kanrin-maru; knowledge
exchange by inviting underwater archaeologists and specialists in both
Japan and the Netherlands to join the project, and to create an
atmosphere for open discussions with experts and trainees alike.
Sustainable preservation will be achieved not only through the two
objectives shown above, but also through the involvement of the local
source community and government to build sufficient support for future
preservation.
The project is proposed to be conducted in the period between late 2017
and early 2018, encompassing desk research and interviewing informants
aimed at gathering historical and contemporary data to establish an initial
research area, as well as a field survey on land. Main research questions
are as follows: could the wreck of the Kanrin-maru be located?; if so, what
is its state of preservation?; and how can it be preserved for future
generations to come?

�Initial research
Research commenced in April 2017, and at the time of writing is still
underway. The overall aim is to come to a thorough assessment in order
to gauge the chances of finding the Kanrin-maru or related materials in a
preserved state and to establish an initial research area required for the
continuation of the project.
The methods used thus far comprised of desk research in the form of
library and archival research, the results of which have in part been used
to form the historical background sketched earlier above. Fieldwork is also
part of the research schedule, and is due to take place somewhere in
November 2017. It is planned to consist of conducting interviews with local
informants such as the local community near the supposed wrecking site,
as well as visiting and surveying the anchor site and wrecking site from
land.
Library and archival research in the Netherlands mainly focuses on
shining a light on the historical context in which the order, construction
and eventual delivery of the Kanrin-maru took place. This includes but is
not limited to gathering information on the construction of the ship itself,
where it was made, by whom, what materials were used in its construction
and where these materials came from, and what the ship’s overall
characteristics were including its quality in terms of materials and its
sailing ability. On the other hand, library and archival research in Japan
mainly focuses on the wreck of the Kanrin-maru in 1871. Indeed, relatively
many studies about the Kanrin-maru have been conducted in Japan, but
all of them are interested in its building or its first trans-Pacific voyage. No
academic work upon its fate in 1871 has been conducted yet.

�Preliminary Results
Desk research in the Netherlands
In 1853, Japan handed over their first request for warships and the like to
Donker Curtius (1813-1879), contemporary opperhoofd or chief trader
(1852-1855) of the Dutch trading post on Dejima. Among the vessels
requested by Japan were a number of screw-propelled warships (Chijs,
1867). The Japanese had only just learned of the existence of steamships
in 1849 through Dutch books (Arima, 1964), while Perry’s impressive
‘black ships’ were the first real-life steamships appearing before Japanese
eyes. Thus in terms of technology, the Japanese knew they fully
depended on the knowledge of the Dutch about these type of ships. The
Japanese therefore largely left it to the Dutch to decide which type of
vessel would be sent first and what equipment it would have in terms of
propellant (screw or paddlewheel), armament and other specifics (Chijs,
1867).
One of the earliest mentions of the first screw-propelled steam warship
that was to be made for the shogun – and which turn out to be the Kanrinmaru – can be found in a report by contemporary Minster of Colonies, C.F.
Pahud (1803-1873). In his report transcribed by Van der Chijs (1867:
pp.136), he states that this vessel destined for Japan’s navy had to be
built in such a way that it could also serve in the Dutch navy in case the
Japanese government would refuse the vessel for whatever reason. It was
thought that such a ship could not be purchased, neither could it be
constructed on the Navy’s shipyards in the Netherlands nor in the Dutch
Indies. Thus it was decided that the vessel had to be constructed on a
private shipyard.

�Apparently in order to meet these requirements, it was decided
somewhere along the way that this vessel had to be identical to a screwpropelled corvette destined for the Dutch navy that was about to be built
around the same time on Fop Smit’s shipyard in Kinderdijk. This vessel
was given the name Bali, while its sister ship was named the Japan, which
later became the Shogunate’s Kanrin-maru.
In a technical report evaluating the performance of the Bali, Naval
Engineer Huygens (1857) states that the Bali and the Japan were indeed
identical. With this and the above in mind, be it with certain reservations,
we may presume that the Kanrin-maru and the Bali were thus virtually
identical to each other in terms of construction and onboard technology.
This allows taking into account the detailed contemporary reports on the
characteristics of the Bali, since not much details are known about the
Kanrin-maru specifically at this point in time.
The Bali and the Kanrin-maru were constructed at the shipyard of Fop
Smit in Kinderdijk (a UNESCO World Heritage Site). The construction
plans were designed by J.W.L. van Oordt, Head Engineer of the Dutch
navy. The vessel had a waterline length of 40.8 m, a beam of 8.5 m and
a displacement tonnage of 619 tons. It had a depth at the bow of 3.4 m
and at the stern of 3.85 m.
As screw-propelled steamships with sails, both vessels represented the
state-of-the-art in naval engineering. Steam-powered screw propellers
were still a fairly novel technology (Oosten, 1972), having been only
introduced in the American, British and French navies in the 1840s, while
the Dutch had only just welcomed the Medusa as their first screwpropelled steam warship in 1853. In that respect, at least on paper, the
Dutch Navy indeed showed intent of catering the Shogun’s request for the
latest in naval technology.

�The vessel was mainly constructed of wood, though at this point further
details about the materials used in its construction remain unclear.
Additional efforts will be made to find more information regarding the
materials used, as this could allow assessing the quality of these materials
in terms of endurance. This in turn could help in assessing the chances of
finding preserved remains of the Kanrin-maru.
The keel of the Kanrin-maru was laid down in 1856 and the vessel was
launched in 1857. After it was launched, the company of one Mr.
Rietschoten had fitted its three masts with schooner rigging, while its
machinery and boilers were built and installed by the ‘Nederlandsche
Stoombootmaatschappij’ at Feyenoord (Rotterdam) that same year. This
machinery was coal-fired and could nominally produce about 100 metric
horsepower. Tests with the Bali proved that it could reach a top speed of
8¼ nautical miles per hour, or 8¼ knots (Huygens, 1857), although this
also depended on the effectiveness of the stokers (Huygens, 1860).
The Kanrin-maru, or the Japan as it was still called around that time, was
readied in March 1857 and set sail from the Netherlands on March the
25th. Sent along with it was the second Marine Detachment, led by
Commander Knight W.J.C. Huyssen van Kattendyke (1816-1866). In his
diaries (Huyssen van Kattendyke, 1860), he explains that the construction
of the Japan suffered several (undisclosed) delays. These delays may
have been due to problems similar to the Bali which revolved around the
effectiveness of the screw (Huygens, 1857) but were resolved
subsequently.
The Dutch Navy and the Ministry of Colonies followed the Kanrin-maru’s
maiden voyage with great interest, since its performance also had
implications for the Bali which was destined for the Dutch Indies. With this
in mind, Huyssen van Kattendyke explains in his diary that he sailed

�straight to Lisbon (Portugal) in order to test the vessel in all circumstances.
Upon arrival in Lisbon he concluded that the vessel was very fast and had
met his expectations. On the 21st of September that same year, thus after
a voyage of 180 days, the Japan arrived in front of Nagasaki bay.
It was officially handed over to the Japanese in October 1857 and was
renamed into Kanrin-maru. A great part of the Nagasaki’s Naval Training
School then took place on the Kanrin-maru. Training included all aspects
of naval training, ranging from deck and rigging lessons to familiarizing
with the machinery and many more aspects.
Desk Research in Japan
Emphasis of the desk research in Japan was put on the events past 1868
to around 1871 when it wrecked. Literature and archival research was
conducted to reveal more information about the period in between these
years. Unfortunately, however, the trustworthy historical materials, in
particular, between 1869 and 1871, are extremely scarce. No photo of the
Kanrin-maru has not been found yet either in the Netherlands or in Japan.
Only one painting of the Kanrin-maru by Yujiro Suzufuji, an officer of the
Kanrin-maru during the trans-Pacific voyage is kept in the Yokohama
Archives of History (Fig. 1.), which is titled ‘the rough voyage of the Kanrinmaru’.
No Japanese newspaper reported the wreck of the Kanrin-maru in 1871,
partly because in Japan at that time no paper had been published
systematically yet.
Its wreck was said to have happened, therefore, sometimes on 19th
September 1871 due to stormy weather, or sometimes on 20th September
1871 due to bad maneuvering the ship. At that time, two U. S. officers
handled the Kanrin-maru, viz. one was Francis Etienne, who perhaps was

�the captain, and the other was Charline SeLoger Train. Although the
official record submitted to Hokkaido says nothing, on 20th September
1871 the drunken U.S. captain seems to have made the Kanrin-maru run
ashore on a reef off the village of Izumisawa at Kikonai Municipality
(Goda, 2010).
Preliminary Conclusions
Desk research in the Netherlands thus far has shown that the Kanrinmaru, at least to contemporary Dutch naval officers, was indeed a vessel
that represented the latest in naval architecture and met expectations
accordingly. Furthermore, it became part of one of the means available to
the Dutch government in its effort to reinforce what was left of the
centuries old special bond with Japan. This, and its historical voyage to
the US in 1860 as well as its involvement in the Boshin War, provides
support for its historical significance today and in the end adds to the list
of reasons for pursuing sustainable preservation of this special remnant
that has become part of Dutch-Japanese shared cultural heritage. Be it
tangible or intangible, above water or underwater.
At the time of writing, initial research has yet to be completed. This
includes the remaining parts of desk research in Japan and the
Netherlands, as well as fieldwork. Based on the information gathered thus
far, it still is difficult to assess whether or not the wreck of Kanrin-maru
could still be lying on the ocean floor near Kikonai Municipality. If
continuation is indeed desired, detailed plans for an underwater survey
using multibeam or sidescan sonar equipment will have to be made,
taking into account the marine environmental conditions in a demarcated
research area.

�Footnotes
1

. See, for example, the Holland-Kyushu programme, initiated by Dutch
Culture and the Embassy of the Netherlands in Tokyo and the consulategeneral in Osaka: http://hollandkyushu.com/en/.
2

. https://culturalheritageagency.nl/en

鎖国時代, literally meaning ‘closed country period’, though in reality
Japan’s isolation from the outside world was highly relative.
3.

4

. 出島, meaning ‘artificial island’ in Japanese.

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Kogure, M., 2008. National Prestige and Economic Interest: Dutch
Diplomacy Towards Japan 1850–1863. Shaker Publishing, Maastricht.

�National Archives of the Netherlands, 2012. Shared Cultural Heritage
Policy
Framework
2013-2016.
(http://en.nationaalarchief.nl/sites/default/files/docs/gce_beleidskader_20
13-2016_definitief_-_eng_doca.pdf)
Oosten, van, F. C., 1972. Schepen onder stoom: De geboorte van het
stoomschip. De Boer Maritieme Handboeken, Bussum.
Pompe van Meerdervoort, J. L. C., 1868. Vijf jaren in Japan (1857-1863).
Bijdragen tot de kennis van het Japansche keizerrijk en zijne bevolking,
Vol. 2. Van Den Heuvel &amp; Van Santen, Leiden.
Seaton, A. E., 1909. The Screw Propeller and Other Competing
Instruments for Marine Propulsion. Charles Griffin &amp; Company, London.
Stapelkamp, H., 1999. Gerhardus Fabius (1806-1888): Een leven voor de
marine (PhD thesis). Universiteit Leiden, Leiden.
Biographies
Leon Derksen is a member of ICOMOS
Netherlands
and
an
independent
researcher in the field of Dutch maritime
archeology and cultural heritage. He
received his MA from the University of
Groningen in 2014 where he studied
Prehistory and Protohistory, track Maritime
Archaeology. His publications include his MA-thesis entitled Tracing
Remnants of Dutch-Japanese Affairs in the Maritime Cultural Landscape
of Japan (2014) as well as Shared Cultural Heritage of the Netherlands
and Japan (RCE, 2015) which was co-written with Marike Klos.
Akifumi Iwabuchi is Professor of Maritime
Anthropology and Nautical Archaeology at Tokyo
University of Marine Science and Technology, a
member institution of the UNESCO Underwater
Archaeology Unitwin Network. He is the ICOMOSICUCH National Representative for Japan, being
also Directors of the Japan Society for Nautical
Research, of the Asian Research Institute of
Underwater Archaeology, and of the Forum on the
Oceanic State of Japan. He received his PhD from the University of
Oxford in 1990. His publications include The People of the Alas Valley

�(Clarendon Press, 1994) and Cultural Heritage under the Sea: An
Introduction to Underwater Archaeology (Kagaku-Dojin, 2012).

�</text>
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                    <text>THE SOCIAL HISTORY OF ARTEFACTS AND THE LAW IN SOUTHEAST ASIA
Professor Craig Forrest (University of Queensland, Director, Marine and Shipping Law Unit)
ABSTRACT
The loading of objects on a vessel, their loss, then physical discovery, recovery and subsequent movement, all
take place in a legal context. That context is not static and cannot be viewed entirely in hindsight from the now.
In unravelling the legal rights and interest to recovered objects the inter-temporal nature of the law requires
consideration and possible application. Moreover, irrespective of what law applies at any given time, this
intertemporal legal context reflects evolving values and is part of the object’s social history. This paper examines
this intertemporal nature of salvage law and other related laws as they might apply to objects recovered in
Southeast Asia over the past 40 years.

THE COLLECTION
The Abbott Collection comprises approximately 2300 ceramics purchased by a private collector from
antique markets in Indonesia and Singapore between 1966 and 2016. The collection has never been
catalogued but is believed to include ceramics from a wide range of South-East Asian States, including
Thailand, China, Indonesia and Viet Nam, with some dating from at least the 9th century
(Polkinghorne 2022, 11-12).
As collectables, these ceramics have little or no provenience or provenance other than, in some cases,
the identity of the seller in Indonesia or Singapore. Marine encrustations and glaze condition, together
with information provided by the antique sellers in some cases, suggests that most were recovered
from shipwrecks in Indonesian waters. Otherwise, little is known about these ceramics. They could,
however, reveal much about the Maritime Silk Route and the entities involved. In investigating these
ceramics, the project seeks to establish the ceramics “original cultural and historical contexts and to
re-establish links to their communities of origin” (Polkinghorne 2022, 12). This entails undertaking
provenience and provenance research and linking the collection with communities with verifiable links
to each ceramic. That link could be the place of manufacture, the place of loading on board the ship,
the nationality of the ship and or its owners, or the place of its sinking. That link could also include
those who recovered the ceramics from the shipwrecks, facilitated its movement to market, and
ultimately the seller and purchaser.

THE LEGAL CONTEXT
The collector purchased the ceramics and shipped them from Indonesia or Singapore to Australia in
good faith and in the belief that all actions were in accordance with the laws as understood at the time.
Nevertheless, the lack of any provenience or provenance at the time of purchase means that the legal
context would have been largely unknown. As this project reveals the provenience of each ceramic so
the provenance and wider legal context will require investigation and application. With 2300 ceramics
acquired over a 50-year period, such an undertaking is onerous. This is made more complex as the
manufacture of a particular ceramic, its loading on board a vessel, loss, then physical discovery,
recovery and subsequent movement, all take place in a legal context that changes over time and place.
That context is not static and cannot be viewed entirely in hindsight from the now. This paper
considers this inter-temporal nature of the applicable law, as well as its determination across place –
jurisdictions.
This consideration of the legal context is not, however, purely for the purpose of determining its
current status. The applicable law – in time and place – also reflects the social history of the ceramic.

1

�Each ceramic in this collection was a trade good; manufactured as a commodity. Who owned it, how it
was traded, and how it was shipped would have been governed by the law at that point in time.
Moreover, that law might differ depending on where the ceramic was at that point in time. As such, if
for example, it was manufactured in what is now China, the law of that place might apply to
ownership when manufactured, but the law of some other place, such as what is now Singapore, might
have applied to the sale of the ceramic while the law of the nationality of the ship or its owner might
apply to its transportation. Moreover, what these laws were in the 15th century will be quite different to
that applied in the 18th century.
Having been lost at sea, the ceramics in this collection were likely salvaged sometime in the last 100
years, and more likely only in the last 50 years, given the state of diving and salvage technology. Most,
but perhaps not all, of the ceramics in this collection are thought to have been recovered in waters over
which Indonesia today exercises some form of jurisdiction, and if in the territorial waters – which is
most likely - absolute sovereignty. But it may not have been salvaged by an Indonesian national or
from an Indonesian vessel, and at the time of salvage, the location of the shipwreck might not have
been in Indonesian waters given the changes in jurisdiction over the last 100 years.
Even within Indonesian territorial waters, the law of Indonesia has also changed considerably,
especially in the last 30 years.

INDONESIAN LAW
The earliest applicable Indonesian law that will have applied is ‘Barang Muatan Kapal Tenggelam
(BMKT)’ which translates to ‘valuable items recovered from shipwreck’, contained in Chapter VII of
the Indonesian Commercial Code since 1938 and based on traditional Dutch salvage law. That is not to
say that it was actually applied and there are likely to have been many cases where local communities
simply recovered ceramics and sold them to dealers without recourse to any legal mechanisms; and
without any original owner to pursue the ceramics, no legal issues would have arisen.
Indonesian law also provided some protection over cultural heritage that was also based on early
Dutch colonial law. In 1931, the colonial government enacted the Monumenten Ordonnantie Number
19 of 1931 (Stbld. 1931 no. 238) which imposed an obligation to register cultural property and banned
their export. This Law was subsequently amended by Monumenten Ordonnantie Number 21 in 1934
(Stbld. 1934 no. 515). It is not likely these laws applied to underwater cultural heritage.
Following the salvage and sale of ceramics from the Geldermalsen, Indonesia introduced legislation,
Presidential Decree Number 43 of 1989, that regulated the salvage of historic wrecks and asserted
ownership of all wrecks within Indonesian territorial waters (Pearson 2019, 709). This legislation also
established the National Committee for the Recovery and Utilisation of Valuable Items from
Shipwrecks. This Presidential Decree was subsequently replaced with Presidential Decree Number 25
of 1992 together with Law No. 5 year 1992 concerning Cultural Heritage, which was enacted
following the Belitung looting in the early 1990s. At the same time, the salvage law regime was also
changed when Chapter VII was taken out of the Commercial Code and replaced with Law Number 21
of 1992 concerning Navigation (which was later replaced by Law No. 17 of 2008 concerning
Navigation) (Nayati 1998, 144).
Further legislative changes occurred in the 2000s. In 2009, a Minister of Finance Regulation No. 184
of 2009 addressed Procedures for Determining the Status of Use and Sale of Valuable Objects from the
Ship's Shipwreck, followed, in 2010, by amendments to the law protecting cultural property in Law
No. 11 of 2010 that imposed a temporary moratorium on commercial salvage. This was made
permanent in 2016 in Presidential Decree No. 44 of 2016 which included historic wrecks in one of the
Negative List of Investment, effectively imposed a moratorium on salvage operations (Pearson 2019,
709). Other relevant regulations include an export ban under Ministry of Trade Regulation No.
44/M-DAG/PER/7/2012 and optimisation of Indonesian cultural heritage under Law No. 5 of 2017
2

�concerning Cultural Advancement. Most recently, Presidential Decree No. 1 of 2022 concerning
Registration of Cultural Property was introduced. These amendments were largely intended to ensure
that Indonesia kept significant and scarce artefacts stored in museums. But legislative definitions of
‘cultural heritage value’ and ‘national identity’ are so ambiguous as to have little or no legislative
significance.
Most importantly, Presidential Decree Number 8 of 2023 reinstituted the government-controlled
salvage regime, which reverted to the shared model of public/private sharing of the salvage of
underwater cultural heritage (UCH).

AUSTRALIAN LAW
While the Indonesian law is pertinent to the provenance of the ceramics, the collection is in Australia
and subject to Australian – South Australian and Federal – law. It is thus principally Australian law
that governs the ceramics. In light of the socio-legal history of a ceramic, how then is Australian law
to address them? While this short paper cannot address this complex issue in detail, three important
underlying principles are considered: the nature of inter-temporal law, non-retrospectivity and the
choice of law in conflict of laws.
Inter-temporal law
The doctrine of intertemporal law, in the words of Judge Huber of the International Permanent Court
of Arbitration, means that “a juridical fact must be appreciated in the light of the law contemporary
with it, and not of the law in force at the time when a dispute in regard to it arises or falls to be settled”
(Island of Palmas 1932, 845; Elias 1980, 286).
As such, whether the recovery of a particular ceramic in, say, 1967, was legal, recourse must be had to
the law that existed in 1967 at the place where the salvage occurred, or, if then in international waters,
at the place where the ceramic was landed. It is the law as then in existence that will determine rights
and duties of the relevant actors, including the salvor, the original owner and the relevant State. The
collection is therefore going to be divided into categories dependant on the governing law at the time
and place of their recovery; each category giving rise to possibly different rights and obligations. The
greater the incremental change in the law in a particular place and the more places involved, the more
categories are likely to emerge.
Judge Huber went on to clarify the doctrine by declaring that “as regards the question which of
different legal systems prevailing at successive periods is to be applied in a particular case (the
so-called intertemporal law), a distinction must be made between the creation of rights and the
existence of rights” (Island of Palmas, 1932 845; Elias 1980, 286).
What this means is that while the right might be acquired in accordance with the law at that time, its
continued validity is also dependant on the law at any point in time thereafter when the right is
relevant to a dispute. This clarification on the doctrine is, at least in an international law context, is
subject to some debate but as a general proposition it is appropriate for the case in question (Elias
1980, 292). It means that, for example, the salvor might acquire salvage rights over the wreck, but
over time, should the law as to the rights of the salvor over the wreck site change, then the changed
law might apply. That new law would not address the acquisition of the right to the wreck, but only the
continuation of that right. The debate concerning this clarification of the doctrine lies in the risk that
the application of a new law might, in effect, amount to a retrospective law that negates the original
acquisition of the right. This is a particular risk where the new law arises from a statutory instrument
or an international agreement domestically implemented, such as the 2001 UNESCO Convention on
the Protection of UCH (2001 Convention).

3

�The emergence of Australia’s Historic Shipwreck Act 1976 might illustrate this point. The Act was
adopted in part to address the discovery of a number of old Dutch shipwrecks and the recovery of
objects from these sites. For current purposes, the recovery was legal in accordance with the law at the
time, and as such, the new Act could not apply retrospectively such that it negated the acquisition of
the salvage rights of the salvors. The Act did, however, impose a new obligation on the salvors: a
requirement that they register all objects that had been recovered from those sites. Since his new law
did not impact the right acquired at the time of recovery, but imposed a new statutory obligation, it
applied only from 1976 onwards.
Inter-temporal law then is not only a consideration of the rights acquired at the relevant point in time,
but also the impact that changing laws then have on those rights over time (and place), provided that
the new law did not apply retrospectively.
Non-retrospectivity
The prohibition of the application of any law retrospectively is often, but not universally, regarded as a
fundamental principle of law, especially with respect to criminal law (Kryvoi and Matos 2021, 46). It
is generally applied to international conventions such as the 2001 Convention. As codified in article 28
of the Vienna Convention on the Law of Treaties which declares that “[u]nless a different intention
appears from the treaty or is otherwise established, its provisions do not bind a party in relation to any
act or fact which took place or any situation which ceased to exist before the date of the entry into
force of the treaty with respect to that party”.
As article 28 evinces, this is not an absolute prohibition. Indeed, States may give a treaty, or some of
its provisions, retroactive effect (von der Decken 2018, 510). Many States, for example, argued the
1970 UNESCO Convention that addresses the illicit trafficking of cultural heritage, should have
applied retrospectively in order to address the loss of their heritage during the colonial era. Whilst not
accepted, this nevertheless illustrates the circumstance in which States may regard retroactivity as
legitimate. It may thus be open to a State such as Indonesia to address the issue of salvage and export
of UCH through retrospective legislation, though this may come at a cost in terms of claims for lost
rights from individuals. Such legislation would have to be unequivocal in its scope of application. It
remains to be seen whether this research project will reveal any instances of retrospective legislative
application and its effect on the applicable law.
Choice of law in conflict of laws
Since the Abbott Collection ceramics are found in Australia, only Australia has the judicial capacity to
determine and enforce rights to them. It is thus Australian law that applies. That does not, however
necessarily mean that Australian domestic rules will apply given Australian choice of law rules that
are applied when there is a conflict between the laws of different jurisdictions relevant to the dispute in
question; and in this case between the laws of Australia and Indonesia (though other jurisdiction may
also be pertinent, such as China, Viet Nam etc, depending on the ceramic in question). As a general
proposition, the Australian common law choice of law rule for rights to property is the law of the place
where a property was situated at the time the property right is said to be acquired - the lex rei sitae
(Davies et.al 2019, 795). A salvor’s property right to ceramics salvaged in Indonesian territorial sea
will therefore be determined in accordance with Indonesian law at that time, even if that dispute were
to be adjudicated in Australia. Where the location is not in Indonesian waters, the determination of the
applicable law may be rather more complex and require detailed consideration of the conflict of law
rules in an intertemporal context: not always an easy undertaking.

4

�A SOCIO-LEGAL HISTORY OF THINGS
The ceramics in this collection, ranging from as early as the 9th century and recovered in different
locations over a period of 50 years, means the applicable law at any given point in time is not a
straightforward task. If identifying a particular right, or the legality of a particular act needs to be
determined, then this is a necessary task. But for each ceramic the continually changing legal context
is also part of its social history. The applicable law would have played a role in shaping the initial
commodification of the ceramic, its transformation across space and time as its exchange value and
use by different social groups have altered to a point where it is elevated beyond commodification and
transformed into a public good This project therefore not only seeks to identify and apply the relevant
law to each ceramic, but to place its socio-legal history as a fundamental component of the ceramic as
we understand and utilise it today.

BIBLIOGRAPHY
Davies, Martin; Bell, Andrew, Brereton, Pau and Douglas, Michael. Nygh’s Conflict of Laws in Australia, 10th
ed LexisNexis, 2019.
Elias, T.O. “The Doctrine of Intertemporal Law” The American Journal of International Law n. 74 (1980) 285.
Hatcher, Michael and Thorncraft, Anthony The Nanking Cargo Hamish Hamilton 1987
Island of Palmas case (Netherlands, United States) 2 R. Int’l Arb. Awards 831
Polkinghorne, Martin. Reuniting cargoes: Underwater Cultural Heritage of the Maritime Silk Route, Australian
Research Council Linkage Grant, 2022 (on file with author)
Kryvoi, Yarik and Matos, Shaun. “Non-Retroactivity as a General Principle of Law” Utrecht Law Review no.
17(1) (2021) 46–58.
Nayati, Pudak. “Ownership Rights Over Archaeological/ Historical Objects Found in Indonesian Waters:
Republic of Indonesia Act No 5 Of 1992 on Cultural Heritage Objects and its Related Regulation” Singapore
Journal of International and Comparative Law, no. 2 (1998): 142 – 174.
Pearson, Natali. “Protecting and Preserving UCH in SE Asia.” in The Palgrave Handbook on Art Crime. Edited
by Hufnagel, Saskia and Chappell, Duncan, 685-730. Palgrave MacMillan, 2019
von der Decken, Kersten. ‘Article 28’ in Oliver Dőrr and Kirsten Schmalenbach (eds) Vienna Convention on the
Law of Treaties: A Commentary Springer Palgrave, 2018 510.

5

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                    <text>The Southeast Asian Galleon Trade:
A process towards a re-assessment of human-environment interaction
Jennifer Craig and Carl Hughes
McGill University
Indian Ocean World Centre
Montreal, Canada H3A 0E6
Email: Jennifer.craig2@mail.mcgill.ca
Email: carl.hughes@mail.mcgill.ca
Abstract
In 1939, William Schurz published ‘The Manila Galleon’ that has been considered a
seminal work in maritime history (in the English language). In it, he proposed the
shipping route of the galleon trade in the Pacific Ocean during the 16th to 19th centuries.
The directional flow of goods were purported to enter eastern Southeast Asia through
the Philippine archipelago at the San Bernardino Strait. The same strait was also used
as the exit point by the galleons that travelled northeast out of East Asia and east bound
across the Pacific. This paper will reconsider Schurz’s hypothesis with input from up to
date analyses based on environmental data. Our results are displayed in layers on
digital seascape in a Geographic Information Systems (GIS) format? These layers
include detailed water-surface topography (small islands, atolls, reefs) as well as the
dynamic atmospheric and oceanic environment. The data for these layers were
gathered from accessible online datasets generated by the National Oceanic and
Atmospheric Administration (NOAA). These datasets were then reconfigured into
algorithms and models for use in a set of geovisualizations using GIS and Google Earth.
This is overlaid with Schurz’s hypothesized historic shipping route. The results are a
comparison of human-environment interaction and a re-assessment of a 75 year old
hypothesis.
Keywords: Chart, Digital, Geovisualizations, Manila Galleon, Maritime, Pacific Ocean

Introduction
This paper is a case study and part of a larger project that re-evaluates historians’
works on shipping routes in Southeast Asia from the 14th to mid-18th centuries CE
(Common Era) for maritime archaeology purposes. It discusses the methodology to
produce dynamic charts that visually represent human-environment interaction. The
1

�direct comparison of contemporary data on human activity and environment action was
problematic because there is little information on maritime environment data prior to the
mid-19th century. To overcome this issue, we incorporated recent atmospheric and
oceanic data generated from readily available reputable sources. The results are an
original figure of a chart created in 1939 and three charts created using GIS software.
The first figure is William Schurz’s interpretation based on the Spanish archives. Of the
three figures created by this exercise, the first chart is a detailed shipping route through
the Philippines for the eastward journey. Schurz did not repeat the details for the
westward journey but he inferred similar directions that were followed through the
Philippines to Manila. The second chart showed the breadth of the possible shipping
routes eastward bound for the Americas. The third chart showed the breadth of possible
shipping routes westward bound across the Pacific Ocean.
Schurz’s hypothesis
William Schurz’s (1939) ‘The Manila Galleon’ is considered a seminal work in maritime
history (in the English language). Part of the reason why the book had such impact was
because it contained The Chart of the
Pacific Ocean (Fig. 1; henceforth known as
Schurz’s

Chart).

This

is

a

visual

representation of Schurz’s hypothesis of
past Spanish shipping activity through the
Philippines, across the Pacific Ocean and
along the western coast of the Americas.
However, the choice to include the figure
at the beginning of the book is confusing
because the chart did not represent
Schurz’s whole discussion but only one of
his

subsections

of

a

chapter.

The

subsection titled The Route (Schurz, 1939:
216-250) is summarized in Schurz’s Chart.

Fig. 1 The Chart of the Pacific Ocean. (Schurz,
1939: no number) Image enhancement by Rachid
Hedjam with Synchromedia laboratory, Ecole de
technologiesuperieure de Montreal, University of
Quebec, Canada.

One can see from this figure that Schurz included the multiple possible routes the
Spanish took to establish trade in Southeast Asia. Some of his directions may seem
2

�uncharacteristic of sailing; for example, when the ships heading eastbound suddenly
switched direction from northeast to directly east. Other directions were unclear perhaps
due to the scale of the chart, such as the route through the Philippines.
The environment these voyages took place was highly dynamic; with air and water
movement being the major contributors to the decision-making of shipping activity
timing and location but the figure did not include this information. In fact, the water and
air look placid, and appears practically non-existent. Perhaps this is a restriction during
the time of writing because his text provided details of a very dynamic environment.
Schurz expects his readers to be familiar with major planetary environment. For
example, he writes of prevailing winds. Understanding where these winds blow are
central to appreciating the degrees of latitude ships sailed on the Pacific Ocean’s east
and west bound routes. Due to the Universal Laws of Gravity between the Earth, the
Sun and the Moon, prevailing winds consistently blow across the Pacific Ocean
eastward in the prevailing westerlies belt at latitudes 30º to 60º and westwards in the
north-east trade winds belt between 5º to 30º(Thurman and Trujillo, 2001). Schurz’s
exclusion of major water currents is not surprising. At the time of this publication,
humans knew next to nothing about the seabed. In 1940, the Woods Hole Institute had
just gathered survey information on the Indian Ocean and it was not until 1967 that
Mary Tharp had completed her drawings of the bathometric rift and published her
results in Mercador’s World (Tharp, 1967). Since then, oceanographers have
discovered the planet’s ocean water currents are caused by the prevailing winds and
effects of temperature caused by the Earth’s molten core seeping through the Earth’s
Crust at seabed rifts (Thurman and Trujillo, 2001). In the Pacific Ocean, the
atmospheric and oceanic action is separated by the Equator into Northern and Southern
Hemispheres (Thurman and Trujillo, 2001). In both hemispheres, Subtropical Gyres are
formed by the circulatory movement of water currents caused by the California Rift and
Mariana Trench, along with wind direction caused by prevailing winds. The currents that
form the north Pacific Subtropical Gyre are the Kuroshio Current, at approximately 15º
latitude off the east coast of the Philippines, flowing northeast out of the Philippine Sea;
to the east flowing the North Pacific Current; to the south, flowing California Current and
returns westward across the Pacific Ocean from latitude 10-15º with the North
3

�Equatorial Current (Thurman and Trujillo, 2001). Although these are major systems of
the Earth’s planetary causes there are other seasonal environmental effects. One of the
seasonal details that Schurz discussed is the monsoon.
Schurz pointed out the ‘traditional route’ took months to complete because of the
monsoon winds. The longest stretch of the journey was going through the archipelago
from Manila to the Embocadero and crossing the Pacific Ocean. For the purposes of
this paper it will suffice to say that the sea, as displayed by Schurz, does not show the
dynamism of his text. He expects the reader to be familiar with the local weather
patterns and planetary functions known in the 1930s. When he mentions monsoon he
does not explain the regularity of shipwreck caused by extreme weather but instead
implies this by mentioning the need to be out of harm’s way at the start of the season.
This is certainly the case for the westbound journey timing to enter the Embocadero and
the eastbound journey’s timing for leaving Manila. In order to visualize a closer reality to
the shipping activities of past sailors, the authors are currently developing a
methodology to display dynamic charts with historians’ hypotheses included as layers.
This will provide a platform for comparisons of data, recognition of gaps in the literature
and provide information for maritime archaeologists to recognize areas of potential highrisk for shipwreck of particular cultural groups during specific periods of time. This
exercise identifies cultural-group-specific corridors of maritime activity. It identifies
locations of Spanish galleons in the Philippines at certain periods of time; or when a
shipwreck is located these charts narrow down the possibilities of date and ship-type.
Alternatively, it notes if a shipwreck is in an unexpected area, leading to the hypothesis
of bootlegging.
Methodology: The Digital Data
Geovisualizations bring the dynamisms of the environment to historians’ hypothesized
routes. The results of this exercise are displayed in layers on digital seascape in GIS
format. These layers include detailed water-surface topography (small islands, atolls,
reefs) and the dynamic atmospheric environment. The data for these layers are
gathered from online accessible datasets generated by the National Oceanic and
Atmospheric Administration (NOAA). These datasets are then reconfigured into
algorithms and models for use in a set of geovisualizations using GIS and Google Earth.
4

�This is overlaid with Schurz’s hypothesized historic shipping route for comparison and
discussion. First, one had to prepare the data for GIS. This required ‘point creation’ of
the geographical locations described in the historian’s text. With these points in place
the authors followed Schurz’s text, the case study, to connect the points and sailing
routes. The reader is reminded that the authors were focused on the Southeast Asian
portion of Schurz’s data so the figures below do not include details about the route from
the Pacific Ocean to the western coast of the Americas, nor along that coast. The
westbound directions from Acapulco are assumed steady across the Pacific Ocean
because, in comparison to the complicated course of the eastbound journey, the
westbound journey is described as regular and straight across the Pacific to the
Ladrones. For example, to describe the eastward route from Manila to the Embocadero
Schurz (1939: 223-4) wrote 23.5 lines of text. From the Embocadero to the point where
the galleon crossed the Pacific Ocean, Schurz (1939: 226-7) wrote 14 lines of text. The
description for the westward route from Acapulco to Manila however, occupied only 8.5
lines of text (Schurz, 1939: 251-252).
Results: Geovisualizations
For the sake of clarity the ‘traditional route’ has been subdivided by the authors into six
steps: 1) Manila to Embocadero; 2) Eastbound from Embocadero to Ladrones; 3)
Eastbound from Ladrones to the Americas; 4) Southbound along the Americas; 5)
Westbound from the Americas to Ladrones; 6) West-Northwest bound from Ladrones to
Embocadero; 7) Embocadero to Manila. Steps 1, 2, 6 and 7 are displayed in full with
only partial discussion of steps 3 and 5. Step 4 is not included in this paper. To discuss
these locations and the consistent and seasonal environment the authors noted details
of timing and direction. Our meaning of the term ‘Direction’ is specifically the
geographical locations of the ‘traditional route’. ‘Timing’ discusses the months chosen
for sail which correspond to environment data of seasonal high and low activity. Steps 1
and 7 are displayed in (Fig. 2). The east bound journey was timed to start with the
beginning of the southwest monsoon. At this time, the winds were strong and would
push the sails of galleons through the archipelago from early May to late September,
with preference for timing during mid-June to mid-July (Schurz, 1939: 251-252). The
route’s direction through the Philippines is provided in minute detail in the book’s text
5

�over two pages (Schurz, 1939: 221-222). However, Schurz’s Chart (Fig. 1) only showed

Fig. 2 Schurz’s hypothesized Spanish galleon ‘traditional route’ through the Philippines
from 1565 to 1730. (Schurz, 1939: 216-283 and Chart created by Carl Hughes)

the exit/entry point of the Embocadero at the San Bernardino Strait. Figure 2 brings to
the foreground the following interesting points. The passage for the shipping activity
should be littered with shipwrecks. However, at this time the authors are unaware of any
underwater archaeology activity from the Verde Passage eastward. Perhaps this has to
do with the highly active environment. At this time, there is little data available on the
surface currents and wind force of the Philippines. Although an Oceanography article
discussed some of these details in the Sulu Sea region, the area is outside the route
discussed by Schurz (Lermusiaux, et al., 2011). Interestingly, Schurz provided minute
details when the route was directed around the entire coast of Capul Island. He included
what was viewed at the portside and starboard along with, one of the few times it is
mentioned, distance. This may have been the same case for San Bernardino Island
6

�situated near the entrance of the San Bernardino Strait. The directions on how a ship
was to sail through this point are confusing, hence the hashed triangle over the island of
San Bernardino and out towards Catanduanes, “northeast with Sorsogon coast to port
and San Bernardino to starboard; northeast by east seven leagues to the Embocadero
with San Bernardino now to port and the island of Biri to starboard” (Schurz, 1939: 222).
Step 2 and half of step 3 are displayed in (Fig. 3). Mid-July was recorded as the best
time to use the wind power of the monsoon in order to reach and sail across the North
Pacific. The Spanish galleons were recorded to regularly leave Manila from mid-June
and reach the Embocadero in mid-July; and then head from the 2nd Midpoint to the
Americas in September through November. Throughout most of the year, the winds and
currents run east from the 2nd Midpoint to the Americas. In (Fig. 3), October is labelled
because it is the middle of that period. In order to get to the Ladrones, they would need
to rely on the July winds to push them out of the Embocadero, up to the latitude where
the current flows eastward and along a narrow band of latitude running parallel to the
arrows on Figure 3. Our data shows that north of the July currents, the wind direction is
straight north then curves west. If this were the case, then ships may not have only
stopped into the Ladrones but also ported the islands south of China and/or Japan.
Schurz (1939: 230) did remark that ships reached Japan, “a galleon occasionally
passed close enough to make out the mountains of Hondo to the west”. On the chart
where the lines are solid, very definitive directions are provided. Where the hashed
triangles are is the potential extent of where the ships may have sailed. Schurz does
mention the full breadth of the route extended from the Shichi-to Islands to Guam but he
is clear that the main area the ships sailed were between the Volcanes and Uracas
(Schurz, 1939: 230-231). The ships again follow a very strict route to Midpoint 1 at 31º
latitude and longitude east of Manila 28.5º”, then east northeast on to Midpoint 2 at
between 36º and 37º in longitude 40º. Within the area represented in the key as the
Extent of the Route, Schurz indulged in Spanish lore of the islands Rica de Oro and
Rica de Plata (‘Rich in Gold’ and ‘Rich in Silver’). He spent some time discussing the
importance of these islands and stipulated the reason the ‘traditional route’ remained on
course for the length of time it did was because of these islands. Rica de Oro and Rica
de Plata had multiple locations over hundreds of years. They were often likened to
7

�Ptolemy’s
Chryse.

Argyre
Henry

and
Yule

(1882) placed a start
point from Orissa, West
Coast India and sailed
east across the Bay of
Bengal to
Arakan,

Argyre

(in

Burma)

in

parallel to the Ganges.
From there one went
south to Chryse within
Indo-China (i.e. Pegu
and

Irrawady

Delta

Myanmar/Thailand).

of

Fig. 3 Schurz’s ‘traditional route’ eastward from the Embocadero to
mid-way across the Pacific Ocean. (Schurz, 1939: 216-283 and Chart
created by Carl Hughes)

In

1885, William Muir in his publication on the Annual Report of the Royal Asiatic Society
cited Yule but went on to place Ptolemy’s Argyre in Arakan, Burma and Chryse as a
misnomer (Muir, 1885). This is interesting timing as the British were attempting to
colonize this part of the planet. Later, when the Americans displayed strong presence in
the Pacific Ocean, Japan was thought to be Chryse / Rica de Plata (Chassigneux 1933;
Moriarity and Roberts 1975). Considering these comments, the authors believe this is
still an area open for debate and one that seems to move geography according to
political maneuvers in colonization.
Half of step 5 and all of step 6 are displayed in (Fig. 4). The westbound voyage was
timed based on the Philippines’ northeast monsoon. It was recorded as best timing to
have the galleons in Manila by mid-April. This journey was only a matter of weeks so
the suggested date for leaving Acapulco was during the month of February through to
the end of March (Schurz, 1939: 225). Spanish galleons sailed westbound from the
Americas to Ladrones, then west bound from Ladrones to Embocadero. The westbound
journey, like the eastbound, also had a wide zone of possible sail route. Within which
any of the islands from the Marianas to Guam were potentially ported. A Royal Decree
in 1668 declared Guam as a regular stop point for all Manila Galleons. In 1681, Guam
8

�was fortified and a royal governor and friars were sent to administer and convert the
local populace in the name of the Spanish crown. When timing is considered, Schurz
referred to Humbolt on the ‘serenity of the sky’, and did not mention a specific month in
which the galleons had favorable conditions; except that it was best to enter the
Embocadero prior to the start of the northeast monsoon that runs from late April to early
October. This corresponds with Schurz’s (1939: 225, 252) comments that galleons were
not expected to reach Manila again until mid-April.

Fig. 4 Schurz’s ‘traditional route’ westward from the mid-Pacific Ocean, through the
Ladrones to the Embocadero. (Schurz, 1939: 216-283 and Chart created by Carl Hughes)

Discussion and Conclusion
The authors provided a methodology to create geovisualizations that displayed the
complex seascape of exchange with details on shipping activity directions and timing.
There are many and varied details to consider if one were to reassess the whole of
Schurz’s chart so the authors narrowed their focus to only Southeast Asia and the
western Pacific Ocean portion of Schurz’s ‘traditional route’, namely the Philippines and
the Ladrones. The Philippines is an archipelago of over 7,000 islands that
topographically intercepts the force of the Pacific Ocean in the Philippine Sea as it
9

�moves over/through the archipelago to continue to flow into the South China Sea, Sulu
Sea and the Indonesian Throughflow. The Ladrones are the Marianas Islands (Schurz,
1939: 247), an archipelago to the east of the Philippine Sea and at the western
boundary of the Pacific Ocean. The directional flow of goods were purported to enter
westward into east Southeast Asia through the Philippine archipelago at the San
Bernardino Strait. The same strait was also the exit point; then northwards close to
Japan with the eastbound route out of East Asia and across the north Pacific. The
locations mentioned in the text were all located and pinpointed on digital charts, along
with lines drawn or hashed-marks used to display breadth of route. The
geovisualizations provided more complete and dynamic figures to accompany the
details of Schurz’s text. It also pointed out the locations of unexpected activities on the
route, such as sailing around the entire island of Capul in the Philippine archipelago.
With these more detailed figures, we can begin to surmise the possibility of bootlegging
having occurred in the Ladrones. This area was visited by both the eastbound and
westbound journeys. The long stay and the false ship manifests are other indicators that
this area was a potential hotspot for illicit activity.
The outcome of this exercise pointed out the inconsistencies between the text and
figures. Schurz’s original chart (Fig. 1) showed an overlap of multiple documents. The
key associated to the Schurz’s Chart entailed five routes, however in his text he
discussed more. Schurz suggested that the galleon trade occurred within the period
from 16th to 19th centuries, specifically from 1565 to 1815. The ‘traditional route’
existed from 1565 to 1762 without much argument but from 1762 to 1814 various other
options were suggested, legislated, decreed and ultimately ignored. The Spanish
consulado, “which embodied the commercial interests at Manila” (Schurz 1939: 226)
nearly consistently argued to re-route different directions but these never took place
(specifically in years 1777, 1782, 1786, 1791, 1794) (Schurz, 1939: 226). An example
that Schurz does include in his chart but does not explain in the key is the Cape
Bojeador option. It was never favored, nor followed by the Spanish (Fry, 1985: 17-18). It
was endorsed by Philip Thompson, a British pilot of the royal navy who stated, “up the
west side of Luzon [a sail ship] could climb to the twentieth parallel in two and a half or
three DAYS” (Schurz, 1939: 224); whereas the ‘traditional route’ took nearly two
10

�MONTHS. Thompson’s route shortened the average time to Acapulco from five or six
months to three months. If this is the case then why follow the southern Embocadero
route? It was also interesting to note that modern day environment data was compatible
for displaying the past seasonal environment information. The seasons Schurz
discussed were from the archival records of the 16th, 17th and 18th centuries and these
matched the seasonality of the data collected by NOAA over an 18 year period, from
1992 to 2010.
Acknowledgments
We would like to thank our Team Leaders Brendan Gillon and Gwyn Campbell for their
continued academic input and support. This project is funded by the Social Science and
Humanities Research Council of Canada’s Major Collaborative Research Initiative for
the project The Indian Ocean World: The Making of the First Global Economy in the
Context of Human-Environment Interaction (http://indianoceanworldcentre.com/mcri).

References
Chassigneux, Edmond., 1933. Rica de oro et Rica de plata. In T'oungPao, Second
Series, Vol. 30 (1-2): 37-84, Brill, available on the World Wide Web at:
http://www.jstor.org/stable/4527041.
Fry, Howard. T., 1985. The Eastern Passage and Its Impact on Spanish Policy in the
Philippines, 1758-1790. Philippine Studies, Vol. 33 (1): 3-21.
GeoNames.,
2013.
GeoNames
http://www.geonames.org/

Geographical

Database,

retrieved

from

Lermusiaux, Pierre, F. J., Haley, Patrick J. Jr., Leslie, Wayne, G., Agarwal, A., Logutov,
Oleg, G., and Burton, Lisa, J., 2011. Multiscale Physical and Biological Dynamics in the
Philippine Archipelago: Predictions and Processes. Journal of Oceanography, Vol. 24
(1): 70-89.
Moriarity, James. R., III and Roberts, William, R., 1975. Between Cipango and Quivira:
The Legends of Rica de Oro, Rica de Plata and Las Islas del. Southern California
Quarterly, Vol. 57 (3): 223-242, University of California Press on behalf of the Historical
Society of Southern California, Santa Cruz, accessed on the World Wide Web
26/11/2013 at: http://www.jstor.org/stable/41170604.
Muir, W., 1885.Annual Report of the Royal Asiatic Society. Journal of the Royal Asiatic
Society of Great Britain &amp; Ireland, Vol. 17 (3): f1-f16, accessed on the World Wide Web
11

�26/11/2013 at: http://dx.doi.org/10.1017/S0035869X00165517.
Schurz, W., 1939.The Manila Galleon. E. P. Dutton, (Reprinted 1959), New York.
Tharp, M., 1967. Bathymetric Map. In Mercator’s World and reproduced for National
Geographic Maps the 1999 November/December issue.
Thurman, Harold. V., and Trujillo, Alan P., 2001. Essentials in Oceanography. Pearson
Prentice Hall, Upper Saddle River, Seventh Edition.
Yule, H., 1882. Notes on the Oldest Records of the Sea-Route to China from Western
Asia. In Proceedings of the Royal Geographical Society and Monthly Record of
Geography, New Monthly Series, Vol. 4 (11): 649-660, Wiley on behalf of The Royal
Geographical Society (with the Institute of British Geographers), London, accessed on
the World Wide Web 26/11/2013 at: http://www.jstor.org/stable/1800301.
Biography
Jennifer Craig is an underwater archaeologist. She attained two Archaeology degrees
from Memorial University in Newfoundland and University of Bristol. She continues to
thank all the people whose projects she was/is invited to join. Jennifer started her
Doctoral degree at the University of Oxford and continues at McGill University.
Carl Hughes is a GIScientist. He attained a degree in Geography from McGill. He
continues to work on novel web based mapping methods in his Masters degree at
McGill University. He would like to thank the support and resources provided to himfrom
within the Indian Ocean World Centre.

12

�</text>
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                  <text>The arrival of Spain and Portugal in Asia-Pacific in the 1500s marked a turning point in the history of the region. New foreign actors came into play: priests, merchants and mercenaries looking to save souls and profit from trade in exotic Asian goods. Far from their Iberian homeland, their deeds and actions, violent or not, resulted in a myriad of interactions that altered the life of the people who lived around their areas of influence, including that of the newcomers. This flow of people and goods circumnavigated the world by well established maritime routes. In 1565, the Spanish established the Manila galleon trade route, which linked Asia with the Americas, and from there to Europe. From the early 1500s, the Portuguese dominated the route that linked Asia with Africa, Brazil and Europe in what is known as the Roteiro. The most visible archaeological evidence of these trade routes is the ships in which the goods were transported around the globe, and also the interaction with different cultures that were located in trading posts along these routes. But through contact also came knowledge exchange and other subtle changes including the migration of people, flora, and fauna. In this session we want to discuss archaeological, historical, and ethnographic evidence that remains of this global enterprise that connected Europe to Asia through maritime trade, and all the entrepÃ´ts that stood along the way.</text>
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                <text>In 1939, William Schurz published â€˜The Manila Galleonâ€™ that has been considered a seminal work in maritime history (in the English language). In it, he proposed the shipping route of the galleon trade in the Pacific Ocean during the 16th to 19th centuries. The directional flow of goods were purported to enter eastern Southeast Asia through the Philippine archipelago at the San Bernardino Strait. The same strait was also used as the exit point by the galleons that travelled northeast out of East Asia and east bound across the Pacific. This paper will reconsider Schurzâ€™s hypothesis with input from up to date analyses based on environmental data. Our results are displayed in layers on digital seascape in a Geographic Information Systems (GIS) format? These layers include detailed water-surface topography (small islands, atolls, reefs) as well as the dynamic atmospheric and oceanic environment. The data for these layers were gathered from accessible online datasets generated by the National Oceanic and Atmospheric Administration (NOAA). These datasets were then reconfigured into algorithms and models for use in a set of geovisualizations using GIS and Google Earth. This is overlaid with Schurzâ€™s hypothesized historic shipping route. The results are a comparison of human-environment interaction and a re-assessment of a 75 year old hypothesis. </text>
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