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Case file s1308 · Heirlooms and treasure · 1804
1804
The blowing up of the Spanish Frigate Mercedes at the Battle of Cape Santa Maria, 1804label QS:Len,"The blowing up of th: The blowing up of the Spanish Frigate Mercedes at the Batt
The blowing up of the Spanish Frigate Mercedes at the Battle of Cape Santa Maria, 1804label QS:Len,"The blowing up of th. John Thomas Serres. Public domain, Wikimedia Commons.
Died
5 October 1804
Place
off Cape Santa Maria, Portugal; coins now in Cartagena, Spain
Field
naval treasure shipment (silver and gold coin) · Military on the timeline
Legal tradition
US Foreign Sovereign Immunities Act; sovereign immunity of a sunken warship and its cargo; law of finds and salvage · Common law
Historical event
Battle of Cape Santa Maria and Spain's entry into the Napoleonic Wars

A Spanish frigate blew up in 1804 with Captain Alvear's wife and seven children aboard, and in 2007 his descendants sued for its silver

The Spanish Navy frigate Nuestra Señora de las Mercedes left Lima on 31 March 1804 carrying about 900,000 silver pesos, 5,809 gold pesos and almost 2,000 copper and tin ingots. Captain Diego de Alvear was sailing home on her with his family. At Montevideo he was moved to the frigate Medea to replace a sick officer. His wife, four daughters, three sons and a nephew stayed on the Mercedes. His son Carlos María went with him. On 5 October 1804, one day from Cádiz, four British frigates stopped the squadron. Minutes into the fight the Mercedes exploded. Alvear wrote that she "jumped through the air". Except for fifty sailors, everyone aboard died, including his family. In 2007 Odyssey Marine Exploration recovered about 595,000 coins from a wreck west of Gibraltar and claimed them in a Florida federal court. Spain said the wreck was its warship. Peru claimed as a successor state to Spain. Twenty-five individuals, among them Santiago and Emilio de Alvear, claimed as descendants of people with cargo aboard. On 21 September 2011 the Eleventh Circuit held that the cargo shared the warship's immunity. Odyssey returned the coins to Spain on 25 February 2012, and the Supreme Court declined the case on 14 May 2012. On 2 December 2012, 14.5 tons of the coins went into the National Museum of Underwater Archaeology in Cartagena. The descendants received nothing.

What the law took from it

Property shipped under a state's protection can end up treated as the state's; the families who owned the cargo lost their claim with the ship's status.

Cite as: celebrity.estate, “A Spanish frigate blew up in 1804 with Captain Alvear's wife and seven children aboard, and in 2007 his descendants sued for its silver,” story s1308, https://www.celebrity.estate/mercedes-frigate-1804, updated 30 October 2026.

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