Ottumwa weekly courier. (Ottumwa, Wapello County, Iowa) 1872-1899, 1873-12-25
FROM WASHINGTON.
WASHINGTON, Dec. 22.-The follow
ing is the opinion Of Attorney General
Williams in the Virginius case:
So Department Of Justice"
WABHINGToN. Dec, II. JY3 n

Department Of Justice"
!" WAsHInaToN. Dec. il, yso}
''Hos. HAMILTON Else, Secretary Of state"
"Sir II have the honor to acknowl.
edge the receipt of your letter of the
lltn inst, submitting to me a large
number of documents and dispositions
and asking for my opinion as to wheth-
er or not the Virginius, at the time of
her capture by the Spanish man of.
war Tornado, was entitled to carry the
| flag of the United States, and whether
or not she was carrying it improperly
and without right at that time p,
"These questions arise under pro.
tocol of the 29th ultimo, between the
Spanish Minister and the Secretary of
State; in which, among other things,
it is agreed to, that on the 18th inst.
Spain shall salute the flag of the. United
States. But, it further provided that
if Spain should prove to the satisfac.
ton Of the United States, that the Vir.
ginius was not entitled to carry the
flag of the United States and was
carrying it at the time Of her capture
without right and improperly, the
salute will be spontaneously dispensed
with, as in such case not being neces.
sarily reputable, but the United States
will expect, in such case, disclaimer
of intention of indignity to lite flag, in
the act which was committed.
Section LIST, of Act December 3lst,
1872, provides that ships and vessels
are registered pursuant to such an
act and no other, except such as shall
be duly qualified according to law, for
carrying on coasting trade and do.
nominated or doomed ships or vessels
OF the United States, shall be entitled
to the benefits and privileges apper-
tanning to such ships. Section 4, of
the same act, provides for an oath, by
which, among other things to obtain
the registry of a vessel, the owner ia
required to swear there is not SUBJ
ject or citizen of any foreign prince
or state, directly or indirectly by way
of trust or confidence, or otherwise
interested in such ship or vessel, or In
profits or issues thereof.
The Virginius was registered in
New York, Sept. Goth, 1870, in the
name of Patterson, VINO made oath re-.
quired by law, but depositions SUBJ
mitted abundantly show that in fact
Patterson was not her owner at the
time, but that the vessel was the prop
city of certain Cuban citizens In New
York, who furnished the necessary
funds for her purchase. j. +. Shep-
herd, who commanded said vessel
when she left New York, with certif-
icate of her register In the name of
Patterson, testified positively that he
entered into an agreement to com.
r1no a. SnkA L.
tween Quesada, Mora, Patterson and
others, at which it was distinctly un-
derstood that the vessel belonged 10
Quesada, Mora, and other Cubans, and
that said Mora exhibited to him pur-
chase money and for repairs and sup.
plies, and explained to him how said
funds were raised among Cubans in
New York.
Assuming the question to be what
it appears to conform to the extent of
protocol, whether or not the Virginius,
at the time of her capture, had a right
as against the United States to carry
the American flag, I am of the opin-
ion that she had no such right, because
she had not been registered according
to law, but l am also Of the opinion
that she was as much exempt from the
interference on the high seas, by
another power, on that ground, as
though she had been lawfully register
ed. Spain, no doubt, has the right to
capture vessel with an American
register and carrying an American
flag and found in her own waters as
sisting or endeavoring TO assist in the
instruction in Cuba, but she has no
right to capture any such vessel on the
high seas, upon apprehension that In
violation of the neutrality or naviga.
ton laws of the United States, she
was on her way to assist said rebel
lion. Spain may defend her territory
and her people from hostile or from
what is or appears to be an American
vessel, but she has no Jurisdiction
whatever over the question rs to
whether or not such vessel is on the
high seas in violation of any law of
the United States. Spain cannot right
fully raise that question as to the Vir-
ginius, but the United States may,
and, as understand the protocol, they
have agreed to do it, and, governed by
That agreement, and without admitting
that Spain would otherwise have any
interest in the question, decide that
the Virginins at the time of her cap
ture was without the right and was
improperly carrying the American
flag.