New-York tribune., 1873-12-23
THE STATUS OF THE VIRGINIUS.

The Attorney General has rendered a per
fectly plain aud conclusive decision on tho
question of the right of the Virginius to bear
our flag. In pursuance of that provision OF
the Washington protocol by which the salute
of reparatiOn was to be remitted in case the
Spanish Government should convince our own
that the Virginius had no right to bear our
flag, Admiral Polo presented large amount
of documentary evidence bearing upon that
point, which was submitted by the Depart
ment of State to the Attorney General for his
opinion. After examining this evidence, Mr..
Williams decides that the Nirsinius
at the time OF her registry aud
later WAS in part AT least owned by
Quesada, Mora, and other Cubans.
Section 4 of the act of December Is, 1872, pro-
vides that to obtain the registry Of vessel
the owner must swear that there is not sub
ject or citizen of any foreign prince or State
directly or indirectly interested in such vessel
or in its profits or issues. The Attorney
General therefore argues that the nominal
owner of the Virginius could not have OBJ
tanned his registry without a false oath, and
that the registry being thus vtiated by perjury,
the Virginus cannot be deemed vessel of
the United States. or entitled to the Dement'S
or privileges belonging to such vessels.
OF course when the case comes before the
United States courts. IA it must after this de-
cison there will be room for other evidence.
Already the Cubans say that the papers sub
mitted by Admiral Polo are in great measure
fOrgeries. and that they will be able to make
this appear. They also state that they lneyer
purchased the Virgnius that the proceedings
which have been taken to indicate this went no
further than advancing sum of money to
secure Patterson against loss, In case of the
destruction or capture of the vessel while
en- ga ged in the work of landing passen gers
and arms on the Cuban coast. AS know
nothing of the documents upon which the
Attorney General has based his decision. we
must reserve our opinion until the case is
more clearly developed. We shall not have
long to wait for this, "a proceedings against
the Virgnius will be begun as soon As she
arrives.
This decision will have but one practical
result Spain will not salute our flag on
Christmas Day, but will tender instead dis
claimer of intentional disrcspect. We objected
to this proyiso when the protocol was first
concluded. The offense TO our flag was pre-
ciSely the same whether the Nirginius was on
a regular or irregular mission. BY this de-
cision of the Attorney General the result ia
that no visible reparatiOn for the outrage to
our flag is 10 be made at Santiago, the city
where the murderOus outrage was committed.
The surrender of the prisoners, which
our special correspondent at Santiago has so
graphically described in Our dispatches this
morning, was effected with extremely bad
grace, and with no indication to the masses of
the population that any amende was intended
for the slaughter of last month. But this is
now too late to remedy. The decision Of the
Acknowledgement has no other effect Our
case against tho Virginius for violation Of our
neutrality laws is neither reinforced nor
weakened by it our demand upon Spain for
indemnity to the families of the murdered
men does not suffer from it. The claim of
Spain for such q decision was founded
solely upon the protocol and not upon
international law. The oifense to our
sovereignty was just as complete under
the circumstances indicated by Admiral Polo
as if the ship were engaged in lawful COM
merce. 1t does not lie within the province of
any nation to sdjudicate upon the question
committing ali offense against United States
laws As Mr. Williams says "Spain, no
doubt, has a right to capture vessel with
"an American register and carrying the Amer
"ican flag if found in her own waters assist
"ing, or endeayOrng to assist, the insurrec
"ti,n in Cuba but she has no right to
capture such vessel on the high seas upon
"an apprehension that. in violation of the
"neutrality or navigation laws of the United
Estates she was Oh her way to assist the said
" rebellion"
A dispatch has been sent from Madrid 20
the effect that Spain has demanded the return
of the Virginius. We do not credit this state
ment, and il it were true. the demand would
meet with no consideration IL rests exclu
sively with our own courts 10 say what shall
be done with the vessel, and that question is
not decided nor even prejndlced by this er
Dartc opinion OF Judge Williams.