The Somerset press. [volume] (Somerset, Ohio) 1873-1977, 1873-12-26
Full Text Of Attorney General VIZ
Hams' Decision-The Tirgintus'
Registry Frnudulenf-Her Seizure
ON the High Seas Illegal.

CGdA 1AA16AAS Al tAAC C--7~s
DEPARTMENT OF JUSTICE,
wAsHSGroN, ID. c., Dec. IL. !
Hon Hamilton Fish, Secretary Of State:
SIR-I have the honor to acknowl-
edge the receipt of your letter of the
11th inst, submitting to me large num-
Der of documents and depositions, ask
ing for my opinion as to whether or not
the Virginius at the time of her capture
by the Spanish man-of-wsr Tornado
was entitled TO carry the flag of the Un-
tied States, and whether or not she was
carrying If improperly and without right
at that time. These questions arise un-
der the protocol of the 18th ult., between
the Spanish Minister and the Secretary
of State, in which, among other things,
it is agreed that on the 25th instant
Spain shall salute the flag of the United
States. But tits further provided that
if Spain should prove to the satisfaction
of the United States that the Virginius
was not entitled to carry the flag of the
United States, and was carrying it at
the time of capture without right and
improperly, the salute will be sponta-
neously dispensed with as in such case
not being necessarily requirable, but the
United States will expect in such case
disclaimer of intent OF indignity to its
flag in the act which was committed.
Section of the act of December 81,
1892, provides that ships or vessels
registered pursuant to such act and nc
other, except such as shall be duly quail
fled according to law for carrying on
coastiag trade, and denominated OF
deemed ships or vessels of the United
States, shall be entitled to the benefit
and privileges appertaining, to such
ships.
Section of the same sct provides
| for an oath by which, among other
things, to obtain the registry of a YES
sci the owner is required to swear that
there is not subject or citizen of any
foreign Prince or State, directly or in
directly, by any way of trust, confidence
or otherwise, interested in such ship OF
vessel, or the profits or issues thereof
Obviously, therefore, no vessel in which
a foreigner is directly or indirectly in
terested is entitled to a 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 can not be deemed ves'
sci of the United States, or entitled tc
the benefits or privileges appertaining tc
such vessels.
The Virginius was registered in New
York on the 26th of September, 1870
in the name of Patterson, who made
oath as required by law, but depositiOni
submitted abundantly show that in fac
| Patterson was not owner at that time
but that the vessel was the property O
certain Cuban citizens in New York
who furnished the necessary funds fol
her purchase. J. E. Shepherd, who com
manded said vessel when she left New
York with the certificate of her register
in the name Of Patterson, testified pos
lively that he entered into an agreement
to command said vessel at an interview
between Quesada, Mora, Patterson, anc
others, at which it was distinctly under
stood that the Virginius belonged tt
Quesada, Mora, and other Cubans, anC
that said Mora exhibited to him receipt
for the purchase money, and for repair
and supplies upon said steamer, and ex
planned to him how said funds wer'
raised among Cubans in New York.
Adolpho de Verona, who was Secre
tary of the Cuban Mission in New York
at the time the Virginius was purchased
and afterward sailed in her as Quessdat
Chief of Staff, testifes that he was ac
quainted with all the details of tn,
transaction, and knows that the Virgin
ius was purchased with the funds of th'
Cubans, and with the understanding and
arrangement that Patterson should ap
pear as the nominal owner, because for
eigners could not obtain United State
register for the vessel.
Francis Bowen, Charles Smith, Ed
ward Greenwood, John Mccain, Mat
thew Murphy, Ambrose Rawlings
Thomas Gallagher, John Furlong
Thomas Anderson and George w. Mil
Ter, who were employed upon the Vir
ginius in various capacities after sh'
was registered in the name of Patterson
testify clearly to the effect that they wer'
informed and understood while the,
were upon the vessel she belonged t,
Quesada and the Cubans represented b.
him, and that he navigated, controllet
and treated the vessel in all respects a
though it was his property.
Nothing appears to weaken the fore
of this testimony, though the witnesse
were generally subjected to cross-exam
ination; but, on the contrary, all the cir
cumstances of the case tend to it's cor
roboration. With the oath for registry
the statute requies bond to be given
signed by the owner, Captain, and on
or more sureties; but there were no sure
ties upon the bond given by Patterson
and Shepherd.
Pains have been taken to ascertain j
there was any insurance upon the yes
sci, but nothing of the kind has beel
found, andssQuesadn, Verona, and othe
Cubans who took passage upon the Vir
ginius, instead of going on board at tn
wharf in the usual way, went aboard OF
of tug after the vessel had left tn
harbor of New York. 1 can not d,
otherwise than to hold, upon this evi
dence, that Patterson's oath was false
and that the register obtained in hi
name was fraud upon the navigation
laws of the United States.
Assuming the question to be what ap
pears to conform to the intent of th'
protocol whether or not the VirpinifIs