French claim long lost ship Le Griffon
By Benjamin Gohs
Courier
February 4, 2009
Years after having thought it had taken the steps necessary to lay claim on a ship it lost to rough seas in the 17th century, France formally asserted ownership last week in a Michigan U.S. District Court.
The three pages of documentation briefly states that France, never having abandoned its interests in the ship, would claim rights to the hull, tackle, apparel, appurtenances, cargo and more if, and when, it is discovered.
“France does not take any position on whether this is Griffon,” said Rick Robol, an Ohio attorney representing ship hunter Stephen Libert’s Great Lakes Exploration Group in addition to filing France’s claim. “France simply wanted to state that it is the owner of the shipwreck without taking any position on the dispute between Great Lakes Exploration and Michigan except that it is important that the historic and cultural values of the shipwreck be preserved.”
He added, “France made it clear that it has not abandoned its interest in the sovereign vessel.”
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This latest development comes 30 years in the making.
Libert has been hunting for the ship, which was built by Rene Sieur De Le Salle—a man integral to the Louisiana Purchase—back in the late 1600s, for nearly three decades; but, it wasn’t until several years ago when he attempted to have his group named as custodians of the potential wreckage site that he was met with resistance by some officials in the State of Michigan.
The State of Michigan, late in 2008, held a short period open for claimants to file wherein it placed two newspaper advertisements. France did not respond to the ads because it thought it had already taken the steps necessary to indicate interest in the ship. State officials seemed to have taken it as a sign no one was interested.
However, France has indicated interest prior to the most recent filing, Libert explained.
“France stated its claim of interest in the earlier proceeding several years ago through the U.S. Department of State,” he stated in an e-mailed response to questions. “It confirms what Great Lakes Exploration has been saying all along: The shipwreck is not abandoned and is owned by the people of France.”
It is impossible to say whether the state will oppose France’s claim to ownership of the vessel since, despite attempts by both e-mail and phone, officials in the Michigan Attorney General’s office did not respond.
The state, which only last month questioned whether the debris Libert found is Le Griffon, has filed for the case to be dismissed. Great Lakes Exploration had until today, Wednesday, Feb. 4, to respond to the challenge in court.
Robol said the matter was otherwise pretty much at a standstill.
“Because of the nature of the location, there wouldn’t be a lot going on anyway,” he said. “I think the ideal situation is if the parties can work together to come up with a joint program to explore the shipwreck site and determine whether, in fact, it is the Griffon.”
Despite the state’s stance that the wreckage is both embedded and abandoned, Libert said U.S. citizens have the civil right to apply admiralty law in the investigation of unidentified historic shipwreck sites.
“This right is protected by the U.S. Constitution and many years of case law under the public trust doctrine,” he stated, adding that the Abandoned Shipwreck (ASA) Act of 1987 encourages cooperation among governments and the private sector.
“Unfortunately, the State of Michigan has never seriously attempted to comply with the ASA [sic] guidelines,” Libert stated. “In addition, the State of Michigan has no formal, written policy; no administrative rules; and no statewide plans for either the management of our underwater preserve system or the conduct of underwater archaeology in Michigan.”
He added, “And, the one Michigan statute dealing specifically with historic shipwrecks applies only to abandoned shipwrecks--it does not technically apply to unidentified sites where abandonment has not been established.”
Libert closed by saying that, since Michigan manages more coastal waters than any other state except Alaska, they certainly should have at least one staff member with maritime and admiralty law experience.
Benjamin Gohs
news@charlevoixcourier.com