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Legal Ownership of the Parthenon Marbles

d a firman. This document states:“It is incumbent on us to provide that they [i.e. Elgin’s party] meet no opposition in walking, viewing, or contemplating the pictures and buildings they may wish to design or copy; and in any of their works of fixing scaffolding ... around the ancient Temple of the Idols, or in modeling with chalk or gypsum the said ornaments and visible figures ... or in excavating when they find it necessary the foundations in search of inscriptions among the rubbish; that they be not molested by the said Disdar nor by any other persons.” Most experts agree that this document appears to give Elgin authority principally over measuring, drawing, and making casts of the sculpture of the Parthenon. That was also the interpretation privately held by several members of Elgin’s party. However, a different attitude was taken publicly, and the party set to work removing and packing pieces of the Parthenon. In all, they took 247 feet of the frieze (FIG. 1), 15 metopes (FIG. 2), and 17 pedimental figures (FIG. 3), damaging a substantial portion of the adjoining masonry in the process. This would seem to create a good argument for the Marbles’ return to Greece, as Elgin had exceeded his authority, and damaged the structure of the Parthenon, all without officially obtaining the property rights. However, there is evidence that the Ottoman Government twice ratified what Elgin had done.Documents have been recovered indicating that Lord Elgin convinced the Sultan to issue several additional firmans in which he generally sanctioned what had been done. The Ottomans further demonstrated support of the removal when a large shipment of sculpture was held up in Piraeus (the port of Athens) because the Voivode refused to give his permission for their embarkation. Eventually, the Ottoman government gave written orders to the Athenian authorities to permit the shipment. Together, these two events offer...

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