Reviewing Committee on the Export of Works of Art and Objects of Cultural Interest, note of case hearing on Wednesday 15 January 2020: Sledge and Flag from Shackleton’s Nimrod expedition (Case 7, 2019-20)

Application

1. The Reviewing Committee on the Export of Works of Art and Objects of Cultural Interest (RCEWA) met on Wednesday 15 January 2020 to consider an application to export a Sledge and Flag from Shackleton’s Nimrod expedition. The value shown on the export licence application was £227,500 which represented the hammer price at auction, plus the buyer’s premium, plus VAT on the buyer’s premium. The expert adviser had objected to the export of the sledge and flag under the first Waverley criterion on the grounds that its departure from the UK would be a misfortune because (i) it was so closely connected with our history and national life.

2. Seven of the regular eight RCEWA members were present and were joined by three independent assessors, acting as temporary members of the Reviewing Committee.

3. The applicant confirmed that the value did include VAT and that VAT on the buyer’s premium would be payable in the event of a UK sale. The applicant also confirmed that the owner understood the circumstances under which an export licence might be refused and that, if the decision on the licence was deferred, the owner would allow the sledge and flag to be displayed for fundraising.

Expert’s submission

4. The expert adviser had provided a written submission stating that both items belonged to Dr Eric Marshall, surgeon and polar explorer. Dr Eric Marshall was a member of the British Antarctic Expedition 1907-09 (Nimrod) led by Sir Ernest Shackleton, which aimed to reach the South Pole. Marshall was one of the four men picked to join the Southern Party to undertake the sledge march to the pole, which was famously abandoned less than 100 miles from their intended destination, which was the record for a farthest south until Amundsen and Scott conquered the pole in three years later.

5. These items were returned to the UK on the Nimrod and retained by Marshall until the 1950s, when he donated them to his alma mater Monkton Combe School in Bath. These items were associated with one of the most significant British Antarctic expeditions in history and certainly the one which made the name of Ernest Shackleton as a leader. Because these items travelled with their owner, Eric Marshall, to the farthest south point in the Antarctic on the 9th January 1909, they offered a unique and tangible connection with this momentous expedition.

6. It was the particular association with the man, Marshall, and the southern party expedition which made the sledge unique. The sledge was hauled, first by pony and then by man, to within 97.5 miles of the South Pole on the 9th January 1909 and back again to the hut at Discovery Point, bearing the dwindling supplies and equipment needed by the four men to survive. It bore, at times, Marshall’s sledging flag, which was a prominent feature in many of the photographic records of the expedition.

7. The sledging flag, was by its very nature, a unique item. Handmade and designed by expedition members or their partners, they were highly personal often bearing heraldic motifs relevant to the family or the individual character. This one travelled with Marshall to the farthest south point in 1909, occasionally it will have flown from his sledge, but more often worn ‘tied in back to keep warm’ (Marshall’s diary). The prominence of this flag in several of the photographic images from the expedition published at the time and in Heart of the Antarctic Ernest Shackleton’s celebrated account of the attempt on the South Pole made this a visible and recognisable heritage artefact from this significant expedition.

Applicant’s submission

8. The applicant stated in a written submission that, while we knew that the sledge belonged to Marshall, it had not been possible to ascertain whether it was one of the four sledges on the southern journey to the Pole, or merely one of the fourteen others taken to Antarctica. The flag, on the other hand, was photographed farthest south.

9. The applicant also noted that the upper rail of the sledge had stripped out of its leather strapping. Also, the flag had severely faded on one side and was fragile from long exposure to daylight.

10. The applicant concluded that Eric Marshall’s sledge and flag were not of outstanding aesthetic importance, nor of outstanding significance for study. Given the number of sledges and flags from the ‘Heroic Age’ of Antarctic exploration already in UK public collections, the uncertainty about how far south the sledge went, and the condition of the flag in particular, the departure of Marshall’s artefacts would not be a misfortune.

Discussion by the Committee

11. The expert adviser and applicant retired and the Committee discussed the case. Prior to the meeting, the applicant had requested that the two items were considered as a set. The Committee agreed. It was felt that because the items travelled together in the Antarctic and had been together since, it would be a misfortune if the items were separated.

12. The Committee discussed Eric Marshall and his role on the Nimrod expedition. An indispensable member of Shackleton’s team, acting as the surgeon, surveyor, cartographer, and the principal photographer, he was one of the ‘four’ chosen specifically to make the final push for the South Pole. It was agreed that his flag was an extraordinary, resonant object, providing viewers with a connection to Eric Marshall and the expedition’s achievement. It was also argued that Marshall’s contribution to the expedition, and his relationship with Shackleton had to some extent been overlooked, at least in terms of popular awareness, and that these objects would prompt both interest and reassessment of this aspect of the story.

13. The Committee discussed the Nimrod expedition. In contrast to Scott’s Terra Nova expedition, Nimrod was not funded by government grants and, consequently, was not as well organised. As a result, fewer objects were brought back and even fewer had survived. Although the expedition did not reach its ultimate goal, Shackleton and his men successfully plotted a route to the South Pole and paved the way for Scott and Amundsen’s later journeys. It was agreed that the Nimrod expedition was of outstanding significance to the history of Polar exploration, and the two items under consideration were outstanding heritage artefacts that provided viewers with a tangible connection to a significant chapter in the history of the United Kingdom.

14. The Committee discussed the sledge. Although it was not possible to prove whether it was one of the four sledges used for the final push to the South Pole, it was agreed that the sledge was significant as it was preserved by Eric Marshall and gifted to his school in 1952. Furthermore, it was beautifully made and intact, which added to its impact as a rare survival.

Waverley Criteria

15. The Committee voted on whether the sledge and flag met the Waverley criteria. Of the ten members, ten voted that they met the first Waverley criterion. Five members voted that they met the third Waverley criterion. The Chair cast his deciding vote in favour. The sledge and flag were therefore found to meet the first and third Waverley criteria for outstanding significance for the study of Polar exploration and Ernest Shackleton’s Nimrod expedition.

Matching offer

16. The Committee recommended the sum of £227,500 (inclusive of VAT £8,750) as a fair matching price.

Deferral period

17. The Committee agreed to recommend to the Secretary of State that the decision on the export licence should be deferred for an initial period of three months. If, within that period, Arts Council England received notification of a serious intention to raise funds with a view to making an offer to purchase the sledge and flag, the Committee recommended that there should be a further deferral period of three months.

Communication of findings

18. The expert adviser and the applicant returned. The Chairman notified them of the Committee’s decision on its recommendations to the Secretary of State. The applicant confirmed that the owner would accept a matching offer at the price recommended by the Committee if the decision on the licence was deferred by the Secretary of State.

19. The expert adviser agreed to act as champion if a decision on the licence was deferred by the Secretary of State.