Who Owns the Past?

Two articles I came across this morning prompted me to start this post:

Spanish armada sets sail to claim deep-sea treasure  (Guardian.co.uk, by Giles Tremlett, 10/6/2010)
Ancient Roman helmet sells for 10 times estimated amount  (CNN, by Melissa Gray, 10/7/2010)

The first article details attempts by the Spanish government to recover loot from hundreds of 16th-18th century shipwrecks off the Gulf of Cadiz, before American treasure hunters can beat them to it.  The second describes how a uniquely sculpted, Roman-era helmet, discovered near the small English town of Carlisle, ended up being sold to an anonymous buyer at auction, despite efforts by the local museum to raise the funds to purchase it.  Which led me to ask:  Who really does own the past?

As a regular reader of archaeological publications, (and a life-long lover of Indiana Jones, "It belongs in a museum!"), I am well aware of the controversies on both sides of this debate.   Private collectors vs. museums, modern owners vs. the descendants of the original owners, differences in laws governing bronze hoards vs. gold coins, and shattered pottery vs. human remains; the dualities, and associated debates could take an entire book to describe.

Perhaps I will someday use the information collected in this post to write that book.  For now, it will serve as a repository of real-world examples that demonstrate the difficulty of answering the question:  Who owns the past?

My verdict on the first story regarding booty recovered from shipwrecks off the coast of Spain is based on the fact that the Spanish probably stole a majority of the precious metals from the Aztecs and Incas.  If the Spanish government were really interested in returning the treasure to it's rightful, modern owners, poor farmers in Brazil and Mexico would probably be the beneficiaries.  Unless the Spanish government can prove the gold and silver originated on Spanish soil, I say the shipwrecks are up for grabs to whoever can recover them first.

My decision regarding the Roman-era bronze helmet found in England is based on information I read way back when the young man with a metal detector discovered it.  It was only because of the type of metal (bronze), and the fact that it was found alone, that the helmet  is not legally the property of the British government.  Had the helmet been made out of silver, or been found amongst other bronze objects, it never would have reached the auction block.  But who am I to begrudge a person from basically winning the lottery?  Although I could never live with myself after selling a national treasure to a personal collector, the laws were not ambiguous in this case.   Morally, I think the helmet belongs in the Carlisle museum, however legally, my decision has no merit.
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10/18/2010
New discoveries concerning pre-Columbian settlements in the Amazon  (University of Gothenburg)

As I read the above linked article, I was intrigued by the discovery of nearly 90 ancient villages in the middle of the inhospitable Amazon Rain Forest.  But, since research has barely begun, there was little information in the press release worth noting anywhere in my blog.  Until I came to this paragraph:

"The archaeological sites in the Santarém area are rich in artefacts, particularly ceramics. A large and generally unstudied collection of material from the area is held by the Museum of World Culture in Gothenburg. Collected in the 1920s by the Germano-Brazilian researcher Curt Unkel Nimuendajú, the material ended up in the Museum of Ethnography in Gothenburg and is essential for increasing our knowledge of the pre-Columbian Amazon. Brazilian researchers are therefore interested in joint projects, where new field studies are combined with research into the contents of the Museum of World Culture's collections from the same area."

Reading this excerpt made me ponder the repercussions of Mr.  Nimuendajú selling his finds to a private collector, instead of donating them to a museum.  If the artifacts were currently in private hands, researchers may not even know who possesses them.  And, even if they succeed in locating the person, there is still the chance that he or she could deny access to the items.  In this case, I feel the overall results of museums being the final curators of Mr. Nimuendajú discoveries are positive.
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10/23
Smithsonian does not dispute authenticity of archaeological find in Vero Beach  (TCPalm, by Elliott Jones, 10/20/2010)

As I read the first paragraph of the above linked article, I could feel the excitement building throughout my body.

"The Smithsonian Institution in Washington, D.C., has found no reason to dispute the authenticity of an one-of-a-kind archaeological discovery that might help confirm a human presence here up to 13,000 years ago at the end of the last Ice Age."

Discovered by fossil collector James Kennedy in 2009, this single artifact could help re-write the history of the early Americas.  But only if it lands in the hands of the right researchers.   Just half a dozen paragraphs down, my excitement was filled with rage as I realized this was unlikely to happen.

“'I want to auction it to the person with the most money, although I would rather it go to a museum,'” Kennedy said.

I will watch this case to see where the artifact eventually resides.  But, I have a feeling Mr. Kennedy will end up selling it to the highest bidder, and the mysterious mammoth drawings will become one of many forgotten fossils that could, but won't change  history.  
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10/29
Letter from Siberia - Fortress of Solitude  (Archaeology Magazine Online - by Heinrich Harke)

What could an 1,300 year old island ruin in the middle of a lake, 7,000 feet up in the Siberian Mountains have to do with recent unrest amongst Muslims in Xinjiang Province, China?  Until I read the above linked article, I would probably have said nothing, too.  But, it turns out, proving who owns the past, in this case a 1,300 year old structure with 40 foot thick walls, and the remains of at least thirty individual structures, could make or break the case for an ethnic minority in China.

For most of modern history, the mysterious ruins of Por-Bujin were believed to be built by the Uighurs.  The Uighurs are "a nomadic Turkic-speaking people who once ruled an empire that spanned Mongolia and southern Siberia, and whose modern descendants now live mainly in western China."  During medieval times, the Uighurs' relationship with the Chinese was much better than it is today.  In fact:

"The Uighurs even eventually adopted Manichaeism, a religion popular in China at the time that combined elements of Buddhism, Christianity, and Zoroastrianism . . .Uighur rulers sought strong political ties to China, and on occasion they were powerful enough to be given Chinese princesses in marriage—Moyun-Chor's wife Ningo was one of them, which explains why their son Bö-gü believed in Manichaeism and even made it the official religion of the Uighur Empire. Both marriage links and shared religious beliefs seem to have led to an influx of Chinese architectural concepts and builders into the Uighur Empire under Bö-gü."

Though it has not been proven, evidence is mounting that it was Bo-gu that had Por-Bujin constructed. This would be a devastating blow to modern Uighurs, who believe the fortress is the base of their ethnic identity.  "For them, Por-Bajin is a site that shows the advanced development of Uighur culture in an early period of their history."  Without this link, the homeland modern Uighurs seek may have never existed, given them no valid reason to continue their fight for independence from China.  Of course, China is keen to prove Bo-gu was indeed the ruler behind Por-Bujin's design.  Neither side will have a definitive answer anytime soon, however because no plans to excavate the remaining 2/3 of the site are currently in the works.
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11/9
Painting of Henry VIII's 'Lost" Palace for Sale  (Discovery News, Christie's, 11/4/2010)

It took me a couple days to make it around to writing about this treasure, but if you take the time to click on the link, and examine the piece of art in question, you will see why it is unforgettable.  The palace, build by Henry VIII, and then sold off to fulfill debts by one of his mistresses, reminds me of the place Prince Charming would build for Snow White.

The reason I chose to put this story under "Who Owns the Past?" is because the tapestry showing this "lost" architectural wonder is up for sale.  If a private collector wins the bidding, not only will the real castle be a forgotten memory, but so will the earliest known image of it.  In this case, like so many others, I find myself echoing Indiana Jones:  It belongs in a museum!
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11/14
Does the Past Exist Yet?  (Huffington Post, by Robert Lanza, MD, 8/18/2010)

Eight years ago, scientist confirmed that the past is observer-dependent using photons of light.  In 2007, researchers went a step further and showed that photons, "could retroactively change something that had already happened."  These experiments lead to a bizarre, but valid question:  "Until the present is determined, how can there be a past?"  According to Dr. Lanza, "reality begins and ends with the observer."
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11/19
Italy Cop On NY Vacation Spots Stolen Statue  (NPR, by AP, 11/19/2010)

Sometimes who owns the past isn't up for dispute, so much as where that past has ended up.  Two pieces of art work dating from the first century were stolen from Italy in the 1980's.  Imagine the surprise of a art agent on vacation, who spotted both of the pieces in New York galleries.  Now back in their proper places, in museums in Italy, the bronze vase and female torso's most recent owners will not face any criminal charges.  Apparently, they didn't know their masterpieces were stolen!
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11/21
China's nouveau riche reclaim nation's lost antiquities  (CNN, by Jaime FloCruz, 11/19/2010)

On November 12th of this year, a Qing dynasty vase sold at an auction in west London for a record-setting $68 million.  The buyer was an anonymous Chinese individual.  My initial reaction upon just seeing the pictures, and reading their captions, was anger.  I know that there is no way a public facility, like a museum or university, could afford to make such an expensive purchase.  But, then I began reading the article itself, and realized how hypocritical I would seem to the Chinese, who are being forced to buy back their own history.

Beyond facing my own misconceptions, this article also taught me that relics, in general, are regarded in a different light in China, than they are in the western world.  Because of limited investment options, many of the rising wealthy are choosing to collect antiques as a major portion of their investment portfolios.  A real estate company even purchased a pair of bronze figureheads to use as props to display it's prominence at its conventions and meetings. 

All of this attention on retrieving the past has come with several negative repercussions.  An exorbitant number of fakes can be found in most Chinese markets, the looting of tombs is common, and museums are being robbed of their possessions.  Without any regulation governing the antiquities trade, I am sure the situation will degrade further before it improves.

On a final note, this Chinese television show sounds great.

"Beijing Television . . . airs a popular show called 'The World Of Collecting', which invites ordinary people to show off their collections, usually family heirlooms or porcelains bought in the market. A panel of experts inspect, deliberate and then pronounce the pieces genuine or fake. If the items are fake, the show host smashes the pieces with a sledgehammer in front of an amused audience."

I hope an American producer hears about this gem, and attempts an American version. 
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11/22
Looting Matters:  The Treasure Act and the Crosby Garrett Helmet  (by David Gill, 11/19/2010)

The first post I wrote on this thread was about a particular bronze helmet discovered in England.  It looks like the fact that it was sold at an auction to an anonymous bidder irks at least one British politician as much as it does me.  He has proposed an urgent re-evaluation of the law governing antiquities discovered on English soil.

"The implication is that auction-houses and galleries will need to provide documented collecting-histories for objects that are on offer."

I think the law needs to extend farther than that, so that bronze discoveries are considered as significant as other finds.  This would result in ownership transferring to the proper museums.  I shall continue to watch for more information on this still-unfolding situation.
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11/25
Strong as China, Fragile as Porcelain  (IPS, by Antoaneata Becker, 11/24/2010)

The above linked article is related to the rise in the number, and wealth, of Chinese antiquities collectors discussed in my 11/21 post.  Not only does the article's author believe the inflated price of vases, and other Chinese artifacts, to be overly inflated, but indeed postulates that a new bubble may be forming that will one day have to burst.

Culturally, many in China view these British auctions to wealthy citizens as a "second pillaging;" the first being when the artifacts were stolen during the Opium Wars of the 19th century.  "'This has nothing to do with patriotic feelings,' says university lecturer Yan Nong. 'It is a contest of wealth and a very ostentatious one.'"

I found it interesting that the Chinese view anyone who bid in these prices wars as guilty of ostentatious spending.  The idea that patriotic motives may have been involved in buying back China's lost history seems like an idea of the past decades, not the present.
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12/11
NYT: Peru desert's fossil trove draw smugglers  (NYT via MSNBC, by Simon Romero and Andrea Zarate, 12/11/2010)


The question of who owns history becomes even harder to answer when the "history" being discussed is 40 million years old.  That is the case with the ancient marine fossils being discovered in Peru's Ocucaje Desert.  Peru has been especially susceptible to controversies over artifacts because of it's rich natural and social history.  This is best demonstrated by the recent relinquishment of Incan artifacts by Yale University.  The return of these links to Peru's past seems to make sense because we know the pieces in question were taken from Machu Picchu .  But the argument does not seem to hold as well when the fossils in question are from ocean creatures, being discovered in what is now a vast desert.   These creatures were huge, and their travels were probably not confined to the small area that is now Peru.  Peru is just lucky enough to have the conditions to preserve some of them for us.  Therefore, I think these marine fossils should be shared with the world.   However, I think this should be done in an organized, legal manner.  It scares me that over 2,000 fossils have been seized by Peruvian law enforcement this year alone, up from 800 in 2009.  Though articles like the one linked above are highly informative, they may also be the reason more criminals are learning about the vast treasures of the Ocucaje.
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5/9/2011
Maori head returns to New Zealand after 136 years  (Yahoo News, AP, by Cecile Brisson)


Museum director Sebastien Minchin makes a very valid point in the above linked article.  By giving the tattooed head back to the Maori, is France opening a Pandora's box that could lead to the emptying of the worlds museums?  The Maori have already collected 180 ancestral remains from museums around the world, and are seeking 500 more.  What happens if Egypt decides it wants its mummies back, too? 

I am not taking sides on this issue.  Indeed, I see it as the ultimate catch 22.  I love visiting museums, and viewing the preserved bodies of ancient people, be they Italian skeletons found in catacombs below the city of Rome, or wrapped corpses from the temples of Peru. 

However, I can understand the sentimental attachment some cultures have for their kin.  The very fact that some of the Maori heads being returned to New Zealand were cut from corpses murdered for their elaborate tattoos makes me think these artifacts should finally be given a proper burial. 

On a side note, I think the idea of murder for tattoos would make a great plot in a futuristic novel.