The New York herald., 1873-12-22
PROOFS OF THE vIRGINTUS' Ma
TI0NALITY.

was bought by the Confederates and loaded with
cotton to run out. After the neet entered
the bay the cotton was taken out and
the vessel run up the Tombigbee River, several
hundred miles above Mobile, to escape capture.
In the fall OF 1865 she was brought down to Mobile
and turned over to the Collector OF Customs by
the military authorities. Under instructions
rom the Treasury Department., with the
concurrence Of the Navy Department and
after Cabinet consultation, the Virgin,
with other blockade runners, was. on January %,
1885, turned over to the Freedmens Bureau. (see
Instructions, January o. 1855; letter of
OF the Navy, January IS, 1866;
receipt OF Governor Swayne, January o. 1866;
report from Collector, January %, 1861
On February IA, 1866, the vessel was sold
at Mobile, under direction of the Freedmen's Bu-
reau. @. M. Godbold and J. NJ Moody became the
owners. The vessel was admeasured at New Or
leans March 2, 1866, and inspected March 80, 1885,
Registration was granted on application OF God
bold at Mobile on March IL, 1856. (See certificate
copy of register; Inspectors certiicate.) The
Inspectors certificate was issued April TO-
1866, at New Orleans. On June 80, 1866, she
was again inspected at New Orleans and licensed
to carry eight cabin passengers. In the meantime
ir appears the ownership OF the vessel had become
vested in Miles 7. Steele, OF New Orleans, to whom
sole owner, register was issued at that port on
June 2 1866 appears by the bill Of sale next re-
erred to- which sets forth the act Of registration at
length. On May IA, 1887, Steele executed bill
OF sale In due form to the United States OF the
steamer Virgin and appurtenances for the sum OF
SIS (see original bill OF sale, dated May IA, 1861.
1t is stated that the actual consideration OF this
transfer was TO indemnify part the United States
for the dealcation OF T. B. May, formerly Assistant
Treasurer at New Orleans. This bill OF sale
was duly recorded at the Custom House
in New Orleans, May Is, 1867. The vessel having
thus become the property OF the United States,
first by capture, and second by purchase, re-
manned in the possession and under the control Of
the government or about the 9th day OF August,
1870. when 1t was sold for the sum OF 50, 800 to
John F. Patterson, OF New York, to whom regu-
lar bill of sale. dated August ~, 1870, was exc
cuted and delivered by the Solicitor
Of the Treasury, acting in pursuance
Of law for the United States owners. The bill Of
sale recites that the title OF the United States had
been acquired in the collection Of debt due the
United States, referring to the bill Of sale from
Steele before mentioned. The sale appears TO have
been made at Washington, rom whence the vessel
was taken to New York, where Patterson made
application for new register to be issued to said
vessel under the name OF the virginus. 1t
further appears that the general practice
Of the department has been to allow vessels pur-
chased by American citizens from the government
OF the United States and entitled to register to be
registered anew by such name as the owner or
owners might adopt. being virtually regarded as IN
the position OF q new vessel. (See Treas
ury instructions to Collector, New York,
August 49, 1861 A register was accordingly issued
by the Collector of Customs at New York, describ-
ing the vessel as the virginius formerly the steamer
Virgin, and giving the same dimensions and tom
mage as expressed in her former register. The
new register bears date the 26th Of September,
1870. and was issued 10 John, F. Patterson as the
owner, F. L. Shepherd, citz en- Of the United
States being then the master.
The State Department having established own.
ership, the EFFORT OF the Spanish government to
show that under our own laws the virginius was
not entitled to an American register as she was
built in England ana was not captured as a war
prize, or judicialy condemned for violation
OF our Navigation laws, is disposed OF
in the following manner:-The virginius was
purchased by the C0nfederates, and. they being
rebels against the federal government, she was
by intendment OF law all the time the property OF
the United States. Inasmuch as so-caled rebel
government has no property against legitimate
government, the legitimate government may take
possession OF vessel OF the Confederates in the
United States without any process OF law, Just as
1t takes possession OF abandoned cannon belong
ing to the confederates If the vessel in question
is IN foreign port the United states
government might need the assent OF the
foreign government to take possession OF her. In
this way the United States government took pos.
session OF the Shenandoah in the port of Liver
pool sold her and gave title without any process
OF law. In the same way the United States at the
pJra nff fhax faoI
ships in the harbor OF Havana, brought them to
the United States, sold them and gave GOOD
titles, under which they are now sailing.
Such is the nature OF the original title
OF the United States in the Virgin. The United
States took possession OF her as rebel ship and as
such in the eye OF the law, the property or the
United states, although in possession OF rebels to
the wrong OF the United States. That was the
legal condition OF the virginius on the day snc was
turned over to the Freedmen's Bureau.
The question has arisen whether the act OF the
Collector at Mobile in giving register to Cod
bold and Moody who bought the vessel from
the Freedmen's Bureau. was lawful, that is.
whether it was justified by The letter OF the act OF
Congress or by any established construction or the
letter OF any act OF Congress. The United States
answers that It's government may buy and own
ships wherever they were built. Whether on the
'0o VI such Vcssci w Tue government tine vendee
may get register 10 secondary question. The
vessel would at any rate be American property and
'ntft'ed to ~ the tag or the United States ,cheter
NE had register or NOT and would
)e entitled to the protection OF the gov
'rnment and the facts in the present case II
iodbold did not get good title rom the Freed.
mems Bureau, then the virginius still belongs TO
he United States government, was the property
u the United States at the time OF her capture.
md as such entitled to the full protection OF her
,wners As to her subsequent career after transfer
John r. Patterson. according to the records OF the
Treasury Department, the United States cannot
1t this time enter into discussion Mr.. Patterson
fought the vessel, subject to the navigation laws
y the United states, and viii be held, according to
ne terms OF the protocol, to a otrict accounta-
'iity.
Inc argument for the government further gives |
rocltal Of acts OF blockade runners during the |