The New York herald., 1873-12-30
THE vEXING VIRGINIUS.
Denial OF q Requisition from Spain for
tho Restitution OF tho vessei-What
Will BE Done With Her IL Cond em red.

Will BE Done With Her IL Condo ed.
WASHINGTON, Dec. 20, 1879
| IL has been ascertained from an official source
| that on the arrival OF the virginius at New York
she will be seized by the Collector Of the Port and
| hbelled by the District Attorney, in accordance
| with instructions already forwarded to those
onicers. II, on judicial investigation, 1t be shown
| that the vessel had register obtained by fraud
she VIII be sold and the proceeds OF the sale paid
to the United States. Spain can make no claim to
the vessel; but II she should it Is positively
| tain thet our government would not entertain
| such claim The report that the Spanish govern
ment required OF the United states the restitu-
tion oil the virglnius and the payment Of
an indemnity is not believed In ofilcal quarters,
| no authentic information having been received
here to that eject, and besides, such requisition
would be contrary to the terms OF the protocol be-
tween the two nations. The reference OF the Span
ish afdavits and other papers by the President to
| the Attorney General was known only to those
present and to Secretary Fish, the matter having
been kept perfectly secret until the opinion OF the
Attorney General was delivered to the last-named
| gentleman on the day Of Its date the 18th inst
| The first intmation OF such an opinion was fur
nished to the press four days later, and the fun
| text obtained the next day from the Department
! OF Justice
Protest or the Owner OF the Vessel-Mr.
| Patterson's Letter to Secretary Fish.
| The following Is copy Of the protest Of the
| owner OF the virginus, Mr.. John F. Patterson in
| the form OF letter to Secretary Fish, duplicate
OF which has also been forwarded to Attorney Gen.
eral Williams
No. III West STREET, NEW YORK, Dec %, 1878.
Hon. HAMILTON FISH, Secretary OF State:-
SIR am the registered owner Of the steamer
VirgniuS, recently seized by the Spanish Runboat
| Tornado which steamer, the newspapers inform
| me- has been since delivered to q United States
naval officer, and is soon TO arrive at this port
| Immediately after | knew OF the seizure OF the
Virginius and the shooting OF persons found on
board OF her ! consulted my counsel, informing
that vessel. and was by them advised that our gov
| ernment would certainly use all proper means to
| the United States-nor because her voyage
| was innocent or l her owner, but because,
our government would maintain tnat no other
nation had the right TO determine these questions
OF nationality against the vessel or her owner, and
therefore that the best course lor me would be to
| do nothing in the matter for the time being, nor
probably until the vessel was restored to the United
States, unless, meanwhile, my government should
| for information.
Following the advice OF my counsel 1 have re-
NAMED quietly In New York attending regularly
to my business well knowing that the government
could easily communicate with me II IT desired,
| the AttorDey-General Of the United States on the
l7tn inst: condemned me and the virginius-him-
q
ceeding TO which was not summoned, ana against
q vessel which was yet in the Gulf OF Mexico.
General that have seem mas BEEN in the New Yor
newspapers Of the 23d inst, and from such copy
From this opinion learn that on the 11th OF De.
cember you wrote to the Attorney General, sub
mitting "a large number OF documents and depo-
written you letter, which concludes as follows -
~ decide that the steamer vrginius at the time OF
her capture R was without s right ana Improperly car
The foundation Of fact upon which this opinion,
should rnaps say the words
because the virGinius had not been registered
been proved by the testimony OF certain wit
| nesses named in the decision. The proceeding
EXPLAINED but the Attorney General invests their
dispositions with all the force which belongs to
evidence, taken Judicially In the presence OF the
portunity TO contradict the same and he 80 invests
| them when he says
'Nothing appears to weaken the force or this
testimony, though the witnesses were generally
subjected to cross-examination;' and again, when
'I cannot do otherwise than to hold upon this
evidence that Pattersons oath was false, and that
the registry obtained in his name was fraud upon
| the navigation laws oil the United States.n
| The plain import OF these words is that a legal
| investigation has been made against me, that
| i have crOssexamined the witnesses, and that
have been unable to offer anything TO weaken
| the force OF their testimony" Ii anything were
! nceueu 10 strengthen tlhS pain inference from
the language used the public has found the
same in the fmprobabitty that the Attorney
4 General would assume to decide question, al
| fecting so seriously, not only the character and
rights OF an American CITIZEN, but also the
standing OF the United States upon a question
! so important as that which was involved In his
decision, without, at least giving to the person
most interested therein an opportunity to be
| heard.
How these proofs were taken can only infer
| from the decision itself, which quotes from the
protocol that II Spain should prove to the salts
nj fhn tfndS hat fhn frvr
salute should be dispensed with, and l. therefore
the absence OF any contradiction, has made "a case
ITO the satisfaction" OF the Attorney General.
But whether M M this ais, testimony was taken by Spain
! governments acting together, know not, Tor was
not present and have not seen 1t. But do know
not the true and sole owner OF the vrgnius at the
| time when she was registered Is utterly false; for
did not swear falsely, but truly when took the
oath necessary to obtain her registry as an Ameri
| can vessel, and OF this remain certain, notwith-
standing the Attorney General has decided that
| he "cannot do otherwise than to hold" TO the
1t is not part Of my present purpose now to crti-
| else the testimony which Spain has furnished to
| the Attorney General Spain had the right to
/ make an er parte case against me and the vir-
| ginius and my government could not but receive
| the same, and thereupon determine whether or
| not IL would proceed against me and her IN the
courts by due process Of law; and lsuppose such
was your object in referring this er p0rte case TO
the Attorney General for an opinion. OF all this
| could not have complained; but. on the state Of
facts till now existing, did not suppose 1t pos
| sible that Spain could, by mere eI pdrte case,
furnish proof 'to the satisfaction OF the United
| States" sufficient to OBTAIN judgment which,
| though it may not be final against me- would
| seem to be final and conclusive upon the United
| States in its controversy with Spain.
The government had for months by It's cruisers
protected the vrginius against Spanish war ships,
whose ofllcers had protested that her registry
papers were illegal; ana within the last few weeks
| our country has been on the verge OF war with
Spain, which war would have been Justifable only
| on the ground that the virgnius was American
until the contrary was legally proved in a court
that no decision could be made against me and
| her, except after an open trial In court in
which accusers and accused would be alike repre-
| sented.
1t seems, however, that have been wrongly ad.
| vised.
| The Solicitor Of the Treasury had given me bin
| OF sale Of the Virgnius, In which he had agreed
| with me and my assigns Ito warrant and defend