The New York herald., 1873-12-22
THE CASE IN WASHINGTON.

rsoAA~sAo~N'
THE CASE IN WASHINGTON.
import ant Rumors In OMcinl Circles
The Attorney General Decides that the
yirsinius Had Forfeited the Right TO
Carry the stars and Stripes.
WASHINGTON, Dec. 81, 1873.
1t has been known for some days that the
Spanish government has furnished evidence
with regard to the virginius and her claim to
khe right to bear the flag Of the United States,
md that the President has submitted the evi-
ilence to the Attorney General for his opinion
thereon.
1t seems now to be understood in official
circles that the Attorney General has given
the opinion that the vessel had forfeited the
right to bear the flag of the United States,
and at the time of her capture she was carry
ing it without right and improperly In view
of this opinion our government will, in ac-
cordance with the terms of the protocol,
institute inquiry and adopt proceedings
against the virginius and against any of the
persons who may appear to have been guilty
of Illegal acts in connection Herewith.
AS Spain has proven to the satisfaction Of
The United States, according to the Attorney
Genenrs opinion, that the virginius was at
Ehe time Of her capture carrying the United
States nag without right and improperly, the
salute to the flag, on the 25th day of Decem-
ber, will be dispensed with as now not neces-
sarily requirable but the United States will
expect disclaimer Of intent of indignity to
its flag in the act which was committed.
From the proofs submitted by Spain it ap-
pears the clearance papers of the virginius
were obtained by perjury.
The Department of State has no informa-
aion concerning the complications between
Great Britain and Spain.
Was tho virGinius Entitled to Garry
the American Flag s-The Answer or
she State Department. to the Question.
WARRINGTON, Dec. 81, 1873.
The Spanish Minister is confident that the
evidence he has prepared will show that the
Virginius was not entitled to carry the Amer
lean fag and in this he is sustained by the
members Of the Diplomatic Corps The Span
ish government claims she was owned by the
Cuban Junta of New York, and has evidence
10 prove that the money was furnished by this
organization to John F. Patterson and j. X.
Roberts. The State Department will an
swer:--
Frst-That the sale Of the virginius to John
II. Patterson by the United States establishes
the character of the vessel.
Second THAT John f. Patterson, being a
citizen of the United States, had a RIGHT to
purchase the vessel and receive register
Third Though the Cuban Junta. or foreign
ers, may have furnished the money, yet the
purchase by Mr. Patterson was perfectly legiti-
mate. and did not prevent the parties furnish
ing the means from holding a lier on the
vessel
F6urGs-That the records of all the American
Consulates show that whenever the Virginius
has entered and cleared from foreign port
~ was done strictly according to the prescribed
regulations governing our officials, and as
there is no evidence of the sale Of the vessel
after the register was taken out in New York
there could be no such thing as ownership by
subjects of Spain.
fJM-If the reputed owner Of the yircinius
did sell, transfer or lend the vessel contrary
to the laws Of the United States, by our own
statutes she is forfeited to the United States
and was at the time of her capture by the Tor.
nado, in intendment of law, the property Of |
the United States; therefore the United States |
government refuses to accept the proof offered !
as conclusive Of foreign ownership of the vir- |
Sinius, and maintains that, original ownership |
having been vested in the government--to wit |
first BY reason Of her having been purchased by
tbs Confederate government, and by such act, I
~ intendment Of law, becoming at her pur-
chase the real property Of the United States,