I’ve got a write-up at Cato at Liberty about the federal government’s massive, SWAT-like occupation of the rural Indiana property of Don Miller, a celebrated 91-year-old local collector who has traveled the globe and whose impressive collection of world and Indian artifacts “was featured in a four part series in the Rushville Republican.” Under various treaties and federal laws, mostly dating to relatively recent times, the federal government now deems ownership of many antiquities and Native American artifacts to be unlawful even if collectors acquired them in good faith before laws changed. [WISH (TV), Indianapolis Star, The Blaze.] More: coverage in two more outlets with a flavor very different from each other, Shelby County News (FBI source stresses Miller’s cooperativeness and suggests federal actions were wtih his consent or even at his behest) and National Public Radio (“seized,” “confiscated”)
Related: Richard Epstein at Hoover on Obama Administration plans to prohibit selling your family’s vintage piano or moving it across a state line. And aside from ivory chess sets, the nascent War on Antiques might take a toll of replica firearms [Washington Times]
As I note at Cato, antiquities law has been expanding to restrict private ownership of more and more ancient artifacts. The latest targets are numismatists; more on that in an op-ed that I published last week in the Examiner.
John Tierney at the Times makes the case against heritage repatriation laws.
Melik Kaylan has advice for prospective curator/jailbirds: “The morality around acquiring antiquities parallels that of hunting certain species — it was OK for millennia and suddenly isn’t anymore.” (“A Civilized Solution to Looted Art”, WSJ/OpinionJournal.com, Dec. 14). More on museums in legal hot water: Apr. 28, Dec. 5.
Various nationalist governments and well-intended archaeologists are trying to shut down the worldwide trade in antiquities, but it’s far from clear that declaring governments to be the sole rightful owners of historical relics leads to better conservation or better public understanding of them. As the U.S. government increasingly shows itself willing to enforce foreign states’ claims of ownership in artifacts, collectors in this country are tangled in legal uncertainties and faced with demands that they affirmatively document long-ago provenances, an often impossible task. And some of the “cultural patrimony” subject to demands for repatriation is of distinctly recent vintage: China seeks title to “calligraphy and paintings dating from as recently as 1912″. (Steven Vincent, “Ancient Treasures for Sale”, Reason, Apr.). Inasmuch as governments such as those of China, Cambodia and Afghanistan have themselves been pre-eminent destroyers of their own store of cultural antiquities — the damage done during China’s Cultural Revolution period is incalculable — the dispersal of an ancient culture’s artworks around the world may turn out to be an important safeguard in making sure that in future such episodes at least a portion of the treasure survives the wreck.
In several 2010 posts we covered the story of Brian Aitken, who was imprisoned by the state of New Jersey simply for carrying unloaded guns and ammo in his trunk (really, that was the extent of the crime). Last week Cato hosted Aitken to talk on his new book The Blue Tent Sky: How the Left’s War on Guns Cost Me My Son and My Freedom. Tim Lynch of Cato moderated, and I gave comments. Event description:
In 2009 Brian Aitken, a media consultant and web entrepreneur, ran afoul of New Jersey’s draconian gun laws when he was arrested while transporting two handguns unloaded and locked in the trunk of his car. Despite the fact that Aitken owned the guns legally and had called the New Jersey State Police for advice on how to legally transport his firearms, he found himself sentenced to seven years in prison.
In 2010 New Jersey governor Chris Christie commuted Aitken’s sentence. But Aitken’s experience, like that of other law-abiding gun owners who’ve faced long prison sentences for honest mistakes, raises troubling questions about gun-law overreach, prosecutorial discretion, and judicial abdication.
I recommended the book as a riveting and outrageous read, yet leavened with hope because of the story of the strong public movement that formed to protest the injustice of his incarceration. In my comments, I mentioned the feds’ heavily armed raid on an Indiana antiquities collector. More on that story here.
Further reading on the federal regulations forcing destruction of ivory keys when old pianos are sold across state lines [Sally Phillips, Piano World, Piano Buyer (Sen. Alexander, Rep. Daines introduce relief bills), Doug Bandow, Cato, earlier here (violin bows), here, etc.] Miscellaneous on ivory and antiques: John Leydon/WSJ (“Grandma’s Cameo Becomes Yard Sale Contraband,” related here (raid on auction by “heavily-armed” California agents) and here.
The feds’ insane war on antiques and musical instruments continues. “Orchestra spokesman Adèl Tossenberger said in an e-mail that the seized bows did not contain any ivory and the orchestra received a certificate from a Hungarian expert verifying this.” It is unclear why they had to pay a $525 fine anyway. A few days earlier, according to a German publication, “the Munich Philharmonic nearly cancelled three performances at Carnegie Hall in April after that orchestra’s string players could not produce CITES certificates for their bows.” [WQXR, The Violin Channel] Earlier on the old-ivory ban here, here, and here; on musical instruments here, here, and here.
Last month I wrote about a strangely aggressive FBI raid on the rural Indiana home of a retiree locally famous for collecting artifacts and curios from around the world. In a piece written then but overlooked by me at the time, Radley Balko puts this in the context of equally aggressive armed enforcement raids on Indian artifact collectors in Florida and Utah, resulting in ruin for many defendants and, according to the reporting, at least four suicides of persons under investigation. Balko:
I remember collecting arrowheads as a kid. Depending on the state and the land on which you’re finding them, that in itself may or may not be legal today. Some states began banning the practice decades ago. But the laws were rarely enforced, and when they were, authorities targeted people stealing from preserved sites or tribal lands, or selling high-dollar artifacts.
No more. Under the phalanx of state, federal, and tribal laws, it may be a felony not only to buy and sell some manmade artifacts, but also to remove them from the bottoms of creek beds or dig them from the dirt. Most of the people busted in the Florida raids were hobbyists. And it’s conceivable that some of them had no idea they were breaking the law — though it also seems likely that some probably did.
It’s another big step forward for the notion of “cultural patrimony,” in this case humoring the whims of foreign governments that wish to suppress private ownership of long-collected everyday antiquities. [Peter Tompa/Cultural Property Observer; my take]
…of access to tribally unaffiliated Indian antiquities and remains, now endangered by new regulations from the Department of the Interior [Robert L. Kelly, New York Times] Earlier on the Native American Graves Protection and Repatriation Act (NAGPRA) and Kennewick Man controversy here, here, etc.
Why does the idea of cultural property have so many advocates? “It seems to establish a bulwark against the plunder of antiquities.” And yet how quickly it’s turned into a way of looting premodern artifacts from Western owners whose claim of title is stronger than that of foreign governments or indigenous/Indian tribes. “But if cultural property really did exist, the Enlightenment museum would be an example of it: an institution that evolved, almost uniquely, out of Western civilization. And the cultural property movement could be seen as a persistent attempt to undermine it. And take illicit possession.” (Edward Rothstein, “Antiquities, the World Is Your Homeland”, New York Times, May 27).
Under the proposed law, backed by Supreme Council of Antiquities chief Zahi Hawass, persons around the world would be forbidden to make copies, even for private use, of the country’s famous monuments, scarabs and other Pharaonic survivals. “His comments came only a few days after an Egyptian opposition newspaper, Al-Wafd, published a report complaining that many more tourists each year travelled to the pyramid-shaped Luxor hotel in Las Vegas than to Luxor itself. The newspaper proposed that the US hotel should pay some of its profits to Luxor city.” However, Hawass said that copies of pyramids and other objects that were less than “exact” might escape a royalty obligation, which might get the back of the U.S. one dollar bill off the hook. (Rory McCarthy, “Egypt to copyright the pyramids and antiquities”, Guardian, Dec. 27; “Egypt to copyright pyramids”, AFP/Google, Dec. 26; AP/IHT). More: Coleman.
“Peru is preparing a lawsuit against Yale University to retrieve artifacts taken nearly a century ago from the Inca citadel of Machu Picchu, a Peruvian cultural official said Wednesday.” Explorer Hiram Bingham dug up the artifacts during three expeditions to the site in in 1911, 1912 and 1914. (AP/CNN, Nov. 30)(via Dave Zincavage). For a critique of the movement to prescribe “repatriation” of cultural treasures to the countries on whose territory they were originally found, see the article linked here Apr. 28.