The New York herald., 1873-12-23
The Status or the virginius from Z
Spanish Point OF View.

Spanish Point or View.
The opinion of Attorney General Williams
as to the status of the Virginius at the time OF
her capture by the Spanish man-of-war Tor
nado. will neither serve to clear up the confu-
sion surrounding the case nor to improve the
position of our government. In the protocol
signed by Mr.. Fish and the Spanish Minis
ter at Washington it was agreed that the flag
of the United States should be formally saluted
by Spain on Christmas Day, as an atonement
for the insult to which it was subjected by the
act of seizure, unless in the meantime Spain
should prove to the satisfaction of our govern
ment that the virginius was carrying the flag
without right and improperly In that con-
tingency the Spaniards were to be spared the
humiliation of salute. The Attorney Cen
eral finds from the evidence submitted to him
that the oath of ownership made by the re-
puted owner of the vessel, MIR. Patterson,
upon which the registration in his name
was allowed was a false oath, and
that at the time it was made Patterson was
not the true owner, but that the vessel was
the property of certain Cubans in this city.
The act of 1892 provides that to obtain the
registry of vessel the owner must swear that
there is not subject or citizen of any foreign
prince or State directly or indirectly, by any
trust confidence or otherwise, interested in
such ship or vessel or in the profits or issues
thereof ''Obviously, therefore," says the
Attorney General, 'sno vessel in which a
foreigner is directly or indirectly interested IS
entitled to United States registry, and if one
is obtained by false oath as to that point
and the fact is that the vessel is owned or
partly owned by foreigners she cannot be
deemed a vessel of the United States or
entitled to the benefits or privileges appertain-
ing to such vessels" Starting with this prop
osition, the Attorney General proceeds to
recapitulate the evidence from which he has
become satisfied that when Patterson made
oath as required by law that he was the
owner of the virginius the vessel was in fact
owned by Quesada, Mora and other Cubans,
resident in New York.
There are some points connected with this
evidence which require to be explained before
the American people WILL accept 1t as salts
factorily disposing Of the status of the vir-
ginius, notwithstanding the credulity Of the
Attorney General Who are the parties
testifying against the oath of the owner,
Patterson? By whom and before what au-
thorities have they been examined? What
proof, other than their mere words, have they
given of the truth of their statements? What
opportunity has been afforded to Patterson
and others to refute them? 1t is understood
that the er parte case presented to the At
torney General has been prepared under the
persuasive influences of Spanish officials and
agents who well know where to seek such
evidence as they desire, and there are rumors
that much of the testimony they have secured
is unworthy of credit. 1t seems singularly
unfortunate that question of such grave
Importance should be decided by the Attorney
General of the United States upon an er parte
case made out by the emissaries Of Spain,
and it will be fortunate if the conclusions
which have been reached do not add seriously
to the embarrassments already attending this
unfortunate affair.