New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-12-27

VI tuO mississippi
Hon. S. B. Conover, of Florida, was
medical officer in the army during the war,
and first took his seat in the Senate last
spring. He is a modest, unassuming gen.
tleinan, who. in his quiet way, will render
good service before his time is OUT (
Hon. Henry G. Davis, of West Virginia,
is also Democrat, inclining to grangerism,
is fifty years old, was raised a farmer,
graduated into a banker, railroad man,
merchant. miner and lumberman. He is
very practical man, and is valuable mem
Der of the committee.
Messrs. Roscoe Cenkling, Of New York;
John H. Mitchell, of Oregon, and Thomas
M. Norwood, Of Georgia, did not arrive.
The At,sruey Gsaeral's Opinion.
The following is the opinion Of Attorney
General Williams in the Virginius case:
DEPARTMENT OF JUSTICE
Washington, D. c., December II, 1879 !
Hon. Hamilton Fish. Secretary Of State:
SIR have the honor to acknowledge
the receipt Of your letter of the eleventh
instant, submitting to me large number
of documents and depositlOns, and asking
for my opinion as to whether or not the Vir-
giniIs, at the time of her capture by the
Spanish man-of- war Tornado, was entitled
to carry the flag of the United States, and
whether or not she was carrying it imprOp-
erly and without right at the time. These
questions arise under the protocol of the
twenty-ninth ultilno, between the Span
ish minister and the Secretary of State,
in which, among other things, it is agreed
that on the twenty fifth instant Spain
shall salute the flag of the United States.
But i. ia further provided that if Spain
should prove to the satisfaction of the
United States that the Virginius was not
entitled to carry the aag Of the United
States, and was carrying it at the time of
her capture without right and improperly,
the salute will be spontaneously dispensed
with, as in such case not being necessarily
required, but the United States will expect
in such case q disclaimer Of intent of indig-
nifty to its Aag in the act which was com
mtted Section - of an act Of December
81, 1892, provides that ships or vessels regis
tered pursuant to such act, and no other,
except such as shall be duly qualified ac-
cOrding to law for carrying on a coasting
trade, and denominated or deemed ships or
vessels of the United States, shall be enti-
tied to the benefits and privileges apper-
tanning to such ships.
Section four of the same act provides for
an oath by which, among other things, to
obtain registry of vessel, the owner is re-
quired to swear that there is not subject
or citizen of foreign prince or State di-
rectly or indirectly, by way of trust, conf
dence or other wise, Interested in such ship
or vessel or in the profits or issues thereof
Obviously, therefore, no vessel in which
foreigner, directly or indirectly, is inter-
ested 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
can not be deemed vessel of the Uuited
States, or entitled to the benefits or priYi-
leges appertaining to such vessels The
Eirginius was registered in New York on
the twenty-sixth of September, 1876, in the
name of Patterson, who made oath as re-
guired by law, but dispositions submitted
a6undantly show that 10 fact Patterson was
not the owner at that time, but that the
vessel was the property of certain Cuban
citizens in New York, who furnished the
necessary funds for her purchase.
]. E. Shepherd, who commanded said YES
sci W hen she left New York with the certi-
fcate of her register ia the name of Patter-
son, testified positively that he entered into
an agreement to command said vessel, at
an interview between Quesada, Mora, Pat
terson and others, at which it was distinctly
understood that the Vrginius belonged to
Quesada, Mora and other Cubans: and that
said Mora exhibited to him receipts for the
purchase money and for repairs and sup
plies upon said steamer, and explained to
him how said funds were raised among the
Cubans in New York.
AdOlphe De VarOna, who was secretary
of the Cuban mission in New York, at the
time the Virginius was purchased, and
afterwards sailed in her as Quesadas chief
of staff. uestifies that he was acquainted
with all the details of the transaction, and
knows the Firginius was purchased with
funds of Cubans, and with the understand
ing and arrangement that Mr.. Patterson
should appear as the nominal owner be
cause foreigners could not obtain United
Slater register for the vessel.
Francis Bowen, Charles Smith, Edward |
John McCann, Matthew Muir |
ply, Amorase Rawlings, Thomas Gallagher,
John Furlong, Thomas Anderson and |
George w. Miller We're employed upon the |
Vrgiuius in variOns cspt cities after she |
was registered in tie name of Patterson, !
and testify clearly to the effect that they |
were informed, and understood, while they |
were upon the vessel, that she belonged to |
Quesada and Cubans represented by him, |
and that he nayigated, controlled and |
treated such vessel in all respects as though |
it was his properly. Nothing appears to |
weaken the force of this testimony, though |
the witnesses were subjected to cross
examination, but on the contrary all the |
of the case tend to it's cor
rObOratlOn With the oath for registry,
the statute required bond to be given
signed by the owners, the captain, ana one
Dr. more securities, but there were securities
upon the bond given BY Messrs Patterson
and Shepherd. Pains have been taken to
ascertain If there was any insurance upon
he vessel, but nothing of the kind has
been found, and Quesada, Verona and some
,ther Cubans, also took passage upon the
and instead of going on board at
he wharf, in the usual way, went aboard.
If tug after the vessel had left the harbor
# New York can not do otherwise than
o bold upon this evidence that Mr.. Patter-
one oath was false, and that the register
btatoed in his name was fraud upon the I
navigation laws of the United States.
Assuming the question to be what ap- I
ears to conform to the intent of the proto
oil, whether or not the yirginius, at the !
ime of her capture, had right as against
he United States to carry the American
ag, l am of the opinion that she had<no |
uch right because she had not been regis
cred according to law; but am also OF the |
pinion that she was as much exempt from
Interference on the high seas by another
over on that ground as though she had
cen lawfully registered. Spain, no doubt,
as right to capture a vessel with an
-mtIican register ana carrying the Amerl-
An flag found in her own waters assis ting
: endeavoring to assist the Insurrection in
uba, but she has no right to capture such
vessel on the high seas upon apprehen-
on that, in violation of the neutrality
: navigation laws of the United States, 6
le was on her way to assist such rebellion. :
pain may defend her territory and people !
ON hostile attack of what is or appears Z
} be an American vessel, but she has no ;
whatever over the question as
whether or not such q vessel is on the
gh seas in violation of any law of the
nited States. Spain can not rightfally !
Liaa that unpstian as TO the Xiruinius hut | y