The Tiffin tribune. (Tiffin, Ohio) 1868-1887, 1873-12-25
.z;TraEYIRGIyIUs.

/ q lut1IAE . u'AA ~ i''A'.Af
to get an old claim upfor action. Adj
ljourned till January 3 b -lle7a. ra-..
TaE TLRGIyIUS.o aqs 81
FROM late developments 1t seems
that the. yiIginius affair Is isnotsettled.
The following dispatches explain the
present stains Of the cass.il 9al % ~.
> W1sHfscrox, Dee. 21.AIt has
,beep known for some days thxt the
Spanish ! government has Furnished
eyid euce with regard TO the Virgin
fus. and her claim to the right % bear
I the flag Of the United States, and tnat
the President submitted the eyi-
dence to the Attorney-General for
! lhis,opinion thereon. - ,sg -
Z wlsnrsdToS, Dec, 2.4aThs foilpy-
ling Il the opinion of Attorney Gem
eral Williams in the Virgsnius easel
r SIR-I have the honor to acknow-
Hedge the receipt OF yonr letter OF the
1lth inst, submitting TO me q large
number q documents and deposi-
tions, and asking for my opinion IS
| TO whether or not the -VifgfnilIs, ct
| the LILnc vi rCaptAAC " NAo -te1-AA
ish nlan-of-Far Tornado, was ems
titled 10 carry the Dag of the United
States, and whether. or not she was
Carrying IL impropery sppd With right
These qqestionsl aFiss under Che
protocol of the 18th ulE, between the
Spanish Minister and the Secretary
Of State, Ia which, among other
things, IL Is agreed that on the 18th
7 Of Jannaty Spain shall salute the flag
Of the United States; but Ii Is further
prov1ded that II Spain should prove
| TO the satisfaction ofthe United States
that the vItginIus was not entitled, to
carry the flag OF the. United States,
/ andw earryingit atthe time Of the
capture without ri gilt and improper
lly, that the salute Will, be spontaDe-
ously dispensed With, as 10 such case
mot being necessarily relnireds but I
4 the United States viii expect In such
! case-a disclaimer OF tie intent Of in
dignity 70 the aAg In the act which
Section i j 81 4 Ii act Of Decs hbes stsl
ITpz,, provides that ships or vessels
registered pursuant to such act and
no other. except such, as, shall be'duly
] quaf1ie ed according to law for carry
i ing Oh the cossti1g trade. and, de-
nominated or deemed ships or vessels
of the United States, shall be entitled
to the bepehts and privileges apper-
tanning 20 such ships. Section 4 oi
the same act provides for an oath by
which, among OtbsE-things, to obtain
4 registry of vessel, the, owner is re-
- - y, - ~ e r,Df cr1ia.
lject or citizen Of q foreign province o.
Estate, directly or jndirectly, by way
fOf trust, condolences or otherwise, in.
terested 10 such ship or vessel, or in
profits or issues thereof. Obviously
therefore, no vessel IN which q for
leigner Is isdfreetiy or Indirectly Interest
4 ed, is entitled to 3 United States reg
fistfx; aud II one IS obtained by false
OATH as to that point and fact, that
vesseiis owned or partly owned by
foreigners, and she connot be deemed
\ vessel Of the United States, or en-.
titfed to the benefits or privileges
appertainfng to such. vessels. = -. -
The Virginfus was registered il
New York on the 18th OF September,
iIS7o, 10 the name Of Pattersof,S 4 who
Fmsde oath asr required by faw., but
the tIeposftiofis submitted abundantly
showed that III fact Patterson was mol
the owner at that time, but that the
vessel was the property Of certain
Cuban citizens 10 New York, who
furnished the necessary funds for her
purchase. ]. E. Shepherd, who com.
mandeds said vessel when she left
New York with the certificate Of bel
register in the name tOff Patterson,
testified positively that he aentered
into g. agreement to- commADdnsaid
/ vessel at an interview betweenQ Quesa.
-s-s -1E.s.a.--D4ffAszaaa aaa-aaaA- .1tharn-. n
i which it was understood that the Vir.
4 Rinius belonged to Qnesaia, Mora and
other Cubans, and that Mora exhibited
/ to him receipts of the purchase mon
ey, and forrepairs and supplies upon
said steamer, and explained 70 him
how the said funds we're RAISED
among the Eubans in New York
Adolphos de Varona, who was Secrel
tary Of the Cuban Mission in New
.liYOrk, at the time the Yirginius wa:
.hpurchased, aud afterward sailed In
fher as Quesadais Chief.o of-StRh, tssti
! fies that heI was acquainted with all
the details of the transaction, and
knows that the NirRiuius was pur
: chased with the funds OF Cubans, and
with the understanding and arrange
sFmeut that Patterson should appear a
, nominal owner, because foreigner:
tcould not obtain q United State
register for the vessel. gainia4t sEgl
nj Francis Brown, Charles Smith, Ed
ward ? Greenwood, John. "a McCsDn
Matthew Murphy, Am mbr0se Rawlings
fThomas Gallagher, John FurlonR
, Thomas Anderson, aud George w
, Miller, who we're engaged upon tn
\ Virginius IN various capacities efte
| she was REGISTERED in the name Of Pat
teTs0n, testify Clearly to the edec
that they were informed and under
! tstoOd while they were upon the vesse
that she belonged to Quesada ant
TCeban0, represented by him, and tina
] he navigated. controlled. and treatel
the vessel in All respects as thought
was his prOperty.sc- .ky bEsd siues
Nothing appears to weaken tn
! force of this testimony, though tn
witnesses were generally subjected Il
n cross-examination but on the contra
1 ry,i ali the circumstances hof the cas-
lead to its corroboratfsng With tb
oath for registry, thatstatute require
T band to be given signed by the pVu
er.scapt2in and one or more fsureties
bat there were ia snreties upon tn
bond given by Patterson and Shep
4 herd. Pains have been taken 20 ascer
. tain ifthere was any insurance upeI
the vessel. but nnthing of the kind hRl
been found, aud Quessda, Xarone an
= other Cubsns Who took passage ,upol
eh4 LTfrrw91frro fs,akooA Af ~
board at the wharf in the navy yard
went aboard from q tug after the YES
sci had left the harbor Of New York.
I Icannot do otherwise Il an to hol'
upon this evidence that Psttersnnt
oath was false, and that the registel
obtained in his name was a fraud up
on the navigation laws Of tue Unitet
States. 5Assuming the question to be
what appears to conform to the futen
Of the protocol, whether or not tn
Vfreinius at the time OF her cspttrI
had the right as against the Unite(
States to carry the american flag,
q an1Iof the opiHt0ni that she dhsi znC
rights because she had not heenare
gistered aeeor1ing to law; but Eeu
] also of, the opinion, that she was %.
4 much exempt from the interference
on the high seas by another power or
that ground rs though shel had eheeE
lawfully registered. - EOl
Spain, no doubt, hasa right to eep
ture 3 vessel with an American regis
ter and carrying the, American fai
round in -hrr, own water, assisting. o
endeayorfog to assist, i1surrection5 II
4 Cuba, but she has no right to captur,
; such vessel on the high seas apon al
! spprehelsio1, ,thst In vielatinn OF ythl
. neutrality or navigation laws Of tn
United States, she was on her way +
assist said rebellion. SpRfn may de
II fead her ferFitnry ard people iron
n hostile attackn what Is or. appears Il
be- an AnssF1can1yvessel, but she hai
no jurisdictio1 whatever over tn
Question as to sSzhether OF. not sucl
vessel is on tbs high seSs In TtolatioI
u of any law of atheb United States
Spain cannot riRhtfuiiy aEaissu this
question as to the Virginius, but fhl
United States may, and, as / under
stand the protocol, they have agree.
4todo IL; and sFfil Be RoEefAed by tha
tagreen eat, Rapd ~ithout admittfBi
! that Spain would otherwise havs I'm
tsFestiu the question, decide sha
the ViFgiHius, &c the tiueiof her cap
ffrra vroH uffhout -rfufle and i'm rT1n