Herndon Watches Treasures
Arrive from Salvaged U.S.S. Central America
Commander
Herndon’s Ship Sank in 1857 |
by
Peggy D. Vetter
Observer Staff Writer
|
| When the recovery ship of the Columbus-America Discovery Group came into port
at Norfolk on Oct. 5, 1989 and unloaded a ton of gold bars and coins salvaged
from the wreck of the S.S. Central America, the atmosphere was euphoric. |
| The Herndon High School band played rousing music as the R/V Arctic Discoverer
came into view and a contingent of Herndon residents, headed by then-Mayor Richard
Thoesen, cheered in remembrance of Cmdr. William Lewis Herndon, USN, for whom
their town was named. |
| The crew opened the crates of gold for display on the docks, where it dazzled
spectators in the fall sunshine. The crew, headed by Tommy Thompson, the engineer
who founded the group, and his many investors, thought themselves the legal owners
of the bounty. The findings brought ashore that day represented only about one-third
of that aboard the ship. |
| In 1989, a large number of insurance companies claimed a right to the treasure
on the grounds that they had paid on the loss more than 100 years ago, setting
off a three-year legal battle. In succeeding rulings, the number dwindled to eight
companies and the state of New York, possible legal heir to now-defunct companies. |
| A 1990 ruling by U.S. District Judge Richard B. Kellam applied the traditional
law of finds to award the treasure to the team of engineers and scientists from
Columbus, Ohio who spent a decade locating the shipwreck site. The insurers appealed. |
| The Fourth Circuit Court of Appeals ruled in a 2-1 split decision that the
treasure belonged to the group of insurance companies, ruling that the law of
finds only applies in cases where abandonment by previous owners a more clearly
shown. |
| Thompson’s group appealed that ruling on the grounds that the insurance
companies’ lack of attempt in more than a century to recover the wreck showed
sufficient proof of abandonment. |
| The Columbus America Discovery Group was dealt a severe blow later when the
U.S. Supreme Court, by a 5-7 split vote declined to hear their case, which sought
to clarify the issue of abandonment. |
| The case was sent back to the district court which was instructed to apply
the law of salvage rather than finds to divide the treasure. The Columbus-Discovery
Group will probably receive a share of the find in proportion to their labor,
skill and energy expended, as well as their risk and expenses. |
| The appeals court said: “We are hazarding but little to say that Columbus-America
should, and will, receive by far the largest share of the treasure.” |
| The story of the Central America and the bravery of its captain, is now part
of naval lore. After 43 successful round trips between Panama and New York, the
side-wheeler Central America, a luxury ship of the era, had delivered nearly one
third of the gold shipped from the California gold rush during her time. |
| On her 44th transit, loaded with more than three tons of gold and 676 passengers
returning from the California gold fields, the ship stopped in Havana, Cuba for
water, and the next day steamed into the fringes of a hurricane. The storm worsened,
and on the third day, Sept. 12, 1857, the ship sunk about 200 miles off the coast
of the Carolinas. |
| All the women and children, and some of the gold miners, pioneer tycoons and
crew members, for a total of 153, were rescued by passing ships. |
| Cmdr. Herndon, in the finest naval tradition, went down with his ship, along
with 422 other passengers and crew. The ship sank to a mile and a half under the
Atlantic, and the largest treasure trove in American history remained untouched
for 130 years. |
| As a courtesy to the town named for the ship’s captain, the Columbus-America
Group presented a lump of coal, one of the first items recovered at the wreck
site, to the Herndon Historical Society for permanent display in their Depot Museum. |
