The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1873-12-23
WASHINGTON.
The Virginius not Entitled to the
United States Flag.
Opinion of the Attorney General

WASHINGTON, Dec. 22.-The official opinion
of Attorney General Williams as to the status
of the steamer Virginius dated the 18th inst,
is just furnished for publication.
He recites the terms of the PROTOCOL and then
refers to the provisions of the act of 1898, which
details the legal qualifications necessary TO give
the protection of the United States to vessels.
The 4th section of that act provides that the
owner Of vessel before obtaining registry
therefor. must take an oath that no foreigner is
interested directly or indirectly in her, or in
her profits The Attorney General thereon holds
that if the registry is obtained by \ false act,
she cannot be entitled to the benefit of the
United States vessels. He then recites the fact
that the registry of the vessel was obtained at
New FORK by Patterson in 1870 for certain Gu
bans in New York as her commander at
tn time, testified to having been employed
by Quesada and other Cubans. Testimony is
given. showing conclusively that the Virginius
was bought by money raised by Cubans, with
the understanding Patterson should appear as
nominal owner. A number of the crew en-
ployed after Patterson bought the vessel, testi-
fly to Quesada commanding and treating them
as if the vessel belonged to him. In addition
to these facts, no bond was given by Patterson
or Capt. Shepherd as required by law. She
The Attorney General therefore holds that
her registry was false and a fraud upon the
navigation laws; thatlshe had no right to carry
the American flag, but she was exempt from
interference Oh the nlSn seas Oy announcer power
Spain has the right to capture any vessel car
rying the American flag in Spanish waters, If
endeavoring to assist the Cuban instruction,
but has no right to capture such vessel on the
high seas upon an apprehension that she was
on her way to assist the rebellion. Spain NAV
defend her territory from hostile attacks from
what may appear to be American vessels but
has no jurisdiction over the question whether
such vessel is on the high seas in violation Of
the United States laws. Spain cannot rightful
ly raise that question as to the Virginius, but
the United States may. and says
the Attorney General as l understand the pro-
focal they have agreed to do IL, and be govern
ed by that agreement, and without admitting
Spain would otherwise have any interest at the
time of her captnre was without right and inn
properly carrying the American flag"
Treasury Balances.
The following are the Treasury balances to-
day:-Currency, $94S,647; special deposit OF
legal tenders for redemption of certificates of
deposit, $32 600; coin, 1856, Adj ,029 including
coin certificates 1871 ,0S3,500; outstanding legal
tenders, 76,194,962.
The Rankrupt Bill.
Senator Hitchcock had addressed a letter to
Senator EdmundS, Chairman of the Judiciary
Committee. asking his opinion of the possibili-
ty of so amending the bankrupt law as to make
the repeal of its oppressive features retroactive
and also his opinion as to the probability as to
the early passage of such amendments. Mr..
GuuuuuuS ItpltS,SpcdhluS LOT uIIllS6lA Ouly.l
he has no hesitation in saying that any provis-
ion may be made respecting the forcing of
debtors into involuntary bankruptcy and the
proceedings thereupOD will,so far as my voice
goes, be made retroactive in such way that no
persons will gain anything by, any oppressive
steps towards the debtors pending the consd-
eraiion of the question. AS all such measures
relate to remedies which Congress may take
away altogether if it pleases there will be no
improperly in making any wise provision
which regulates the proceedings to just ends,
apply to pending cases, and feel great conf-
dence that such will be the 0, Union Of the Sem
ate.
The Stntus ofthe viraiuims.
New YORK, Dec. pa dispatch from
Washington says that members of the Cuban
Junta now here, are greatly excited over Atty
General Williams decision and allege that the
affidavits submitted to Secretary Fish by Ad
mira Polo and furnished to Atty General Will
liams, for his Information, are forgpries and
prepared by Spaniaris. The Oubans allege
that they did not purchase the Virginus but
raised money to secure Capt. Patterson against
loss in case the vessel was destroyed or captur-
ed while engaged in landing arms and NUM-
tions of war, and that receipts given at the
time the money was paid over, will show this
state OF facts.
AS soon as the Vrginius arrives at q North
ern port proceedings looking to her condemna-
ton will he begun and steps will be taken to
arrest Patterson for forgery.
Revenue Changes.
The following changes in the revenue marine
officers have been made: Capt Frank Barr
daached from the Woodbury. at Baston and or
dered to the command of the Hamilton Capt.
David L, Evans is ordered to the command of
the Woodbury.; list Lieut. S. Sturgis is detached
from the Mocassn at Newport, K. l., is order
ed to the command of the Manhattan al New
York; list Lieut.. James Irish is detached from
the Manhattan and ordered to the command Of
the Mocassinn.
Mormon Matters.
SALT LAKE, Dec. % MIR. Brant at Opher,
half crazed by domestic troubles last night, fred
three shots each with fatal effect at John Benz
nett and then stabbed him. Brant Is in custo-
dy.
There are heavy SHOWS on the mountains and
it is difficult to work trains The Union Pa
tiic and Central Pacific roads, however, are