, 1873-12-24
THE LAST OF THE v1R91N1us MuDD1E.

can clearance or m American flag, coars up tho
Cuban muld[o, and rolovoa tho Government Of
the uncomfortable elephant which 1t hns had
upon itH hands 10 long. Under tho statutes aud
decision Of tho Courts, 1t wag impossible to ar
rtve at my other conclusion. TAc statutes Of
tho United States provide that sbipH built with
In tho United States, and belonging wholly to 4
citizen or citizens thereof, or not built
within tho United States, but On tho 10th
day Of May, 1850. belonging and
thencoforth continuing to belong to citizen or
ctizcns thereof. may DO regislorcd ns ships Of
tue United statos. No ship, however, is outi"
tlod to rogistry II owned by cltizon who
usually roaides in foreign country, or can enjoy
the rights aud privileges appertaintng to Ameri-
can vessels any longer than 1t is Exclusively
owned and commanded by q citizon Of tho
United statoB. In addition to thoae provisions
Of the statutes, tho Federal Courts havo estab-
lished two important facts which 1,avo bearing
upon this case: First, that tho residence Of
tho owner determines tho foreign OF do
mestio character OF vessel, and tint
If 1t is navigatod by cbartorers who havo or
elusive control of it, they must bo regarded as
tho owners. Second that although 1t is not uu-
lawful for American citizens to DO part owners
Of a foreign vessel, the vessel does not thereby
become entitled to American privileges.
Tho burden Of tie proof cited by Attorney
General Williams, coupled with tho provisions
Of tho law, makes out clear caae against our
hasty folly, aud HustainB tho position OF the
spaniards in demanding tho Virgiuius back.
Thet' depositiona show concluaiyoIy that
the Virgnfus ut tho time Of Its regis
try was owned by Cubans, who furnished
tue necessary funds for its purchase, and TINT
cause Foreigners could not obtain rcgiBIor /;
furthermore, that Pattoreon'a oath wus falRo,
md therefore that tho registry obtained in hiB
namo 'sas fraud upon tho navigation laws Of
tho Unitod Statee. There is another link in this
chaln of Testimony Of d moral rather than q
legal character, but which nevertheless is very
conclusive. From the day that tho Virginius Was
captured to tho present, noithor while 1t was in
Spanish or American possession, has q claimant
Of tho vessel put in an appearance or made auy
demand for 1t. Docs any ono suppose that
il Dtr. Patterson, or any other American citizen,
had owned tho yesHol, aud that it had been low.
fully registered and Was entitled to carry the
American tug, hc would not have put In his
claim at oncei Tho fraudulent regiatry hav-
ing been established, Of course works the for
fciturc Of tho vesael and any proceedings In D
prize court arc thereby rendered suporfluouB.
It will save time, trouble, mud. expense, thero-
fore. to hand tho virginius back to Spain ut
once, rs we haye no business with
1t, and in faet may incur future
expense in holding Oh to property that loes not
belong to us, Tho additional opinion which the
Attorney General volunteers, that, even under
these circumstances, tho Virginius WAS exempt
from interference Oh tho high Sens by nnothor
power, ia gratuitous, becauso 1t ia not gormane
to tho case in question. and, in thus supplement-
Ing hia decision, tho Attorney-aeuern1 travels
out Of the record. The only question at issuo
is tho registry Of the Virginius. II 1t IL IN
American vesael, we had tho right to demand it
Of Spain. II it ie not an American
vessel, then 1t ia forfeit, aud inter-
ference With it on tho high seas
by Spain, or any other Power, is mono Of our
business. We should have just aB much right
to complain Of Great Britain for capturing an
African slave-tradar or Chineae coolie-5unk.
These facts having boon established beyond
my shadow Of doubt, there arc two questions
which are inovitable and ought to be settled.
First. who gago this vessel Its clearance from
Now York and allowed 1t to sail un-
dor the American ing, and why, on
two subsequent occasions, In Central and
South American ports, waB its registry pro-
nounced correct by Consular representatives,
when by common caution and vigilance those
authorities might have determined it's real CHAR
all this trouble, expense, aud modification, but
hayo also saved the lives Of the unfortunate men
Who hayo fallon victims to Spanish cruelty? 1t
ia too grave breach of trust to bo allowed to
pass unuoticcd. 1t has not only involved the
Government In great trouble and preoipitatod
IT to the very verge OF cauaoosH
war, but 1t hos cost tho Government millions
upon millions OF useloas expenditure at pecu-
llarly unfortunate time, and added that much to
the public indebtedness. Second, whom 1t IL
officially dotormlnel that there is to be no war,
and tho Secretary OF tho Navy has long been
cognizant Of the fact, Why ID ho allowed to 60 on
tinkeriur yeaBelg eDliBtinr sentnoi1 accumulate
lng loets at Key West. and enlarglng tho public
expense by millions ? Have we not Ind enough
of this wrotched business, In which ne have only
10 blame our own folly md insanity, without
throwing away money to crafty whim Of tho
Secretary OF tho Navy aud increasing tho ta1a-
tion OF the already ovorburdonod people Last
ly iu view OF the national modification aud the
drain upon the National Treasury, tho Vlrginius
affair ought to have worry aalutary moral to tho
hot-hoadH who denandod war 30 furiously and
wero rondy to lght for property which never bo-