Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1873-12-23
Nd RIGHT no oun FLAG.

Attorney General Williams 70 whom
was submitted tho question - to the
right of the Virginius to fy the Amer
lean flag, has just rendered his opinion
thereon. The opinion recites the pro-
visions Of the Act Of Dec. II. 1872, the
chief Of which, bearing on this case,
are, that no subject or citizen Of a for
elgn prince shall be either directly or
Indirectly interested In the ownership
Of a vessel which is sought to be regis
tered, aud that no unregistered vessel
has a right to the privileges and bene-
fits arising from our flag. "Obviously,
therefore" says the Attorney General,
"no vessel In which a foreigner Is d.
rectly or Indirectly interested Is enti-
tied to an United States registry, and
II one Is obtained by a false oath-as
that point and fact Is that the vessel Is
owned or partly owned by foreigners
she cannot be deemed . vessel Of the
United States or entitled to the bene-
fs or privileges appertaining to such
vessel"
Ho then goes on to state the facts at.
tending the registry Of the Virglnlus,
obtained from testimony not con-
tradieted. showing that the registry In
the name Of Patterson, owner, was OBJ
tanned by a fraudulent oath ; that the
certificate OF registry was otherwise
illegal, In that there were no sureties
as required by law upon the bond
given by her nominal owncr {; that she
was purchased with the funds OF and
belonging to certain Cubans, who, in-
stead Of going OIL board at the wharf
In New York, chartered q tug and
boarded her after she had left the har-
Dor Of New York, aud says that upon
this state Of facts he cannot do other
wise than hold that Patterson's oath
was false, aud that the register oh.
tanned In his name was a fraud upon
the Navigation Laws Of the United
States" Tho opinion concludes rs
follows:
Assuming the question Of the United
States to be what appears to conform
to the intent Of the protocol, whether
or not the Virgiuius at the time OF her
capture had u right as against the
United States to carry the American
flag. | am Of the opinion that she had
no such right, because she had not
been registered according TO law ; but
| am also OF the opinion that she was
as much exempt from Interference on
the high seas BY another power on
that ground rs though she had been
lawfully registered. Spain no DOUBT
has a right to capture = vessel with an
AMERICAN register and carrying the
American flag found In her own waters
assisting or en~deavoring to assist III
surrectiou In Cuba, but she has nc
right to capture such a vessel on the
high seas. Upon app%rehensions that
In violation Of the neutrality oil tine
navigation laws and the United States
laws she WAS OIL her way to assist
said rebellion. Spain may defend her
territory aud her people from a hostile
visit from what Is or appears to be an
American vessel but she has o Jurls-
dic,ion whatever over the question rs
To whether or not such vessel IL OH the
high seas In violation Of fanny law OF
the United States. Spain cannot
riyhtfully raise that question as to the
Virginius, but the United States may,
and AS I understand the protocol, they
have agreed to do 1t and to be governed
by that agreement and without ad-
mittiug that Spain would otherwise
have any interest In the question:
decide that tho virginius At the time
of her capture was without the right
aud improperly carrying the Ameri.
flag. Very respectfully,
Gro. III. WILLIAMS,
Attorney General.