New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-12-30

that the Of the United States on the
18th inst, condemned and the Virginus-himsef de-
gliding both the law and the facts-in proceeding to
which not summoned, and against vessel which
yet ia the Gulf OF Mexico The only copy " this
opinion Of the Attorney General that have has
been In the New-Y0rk newspapers OF the Esd iDs and
from such a copy l extract in this letter.
From this opinion l learn that on the nth Of
December you wrote TO the Attorney General, sub
hitting "alarge number OF documents and depostions;'
after an examination Of which, he has written you
letter which concludes follows:"I decide that the
steamer Virginus at the time Of her capture with
out right, and improperly carrying the American flag"
The foundation Of fact upon which this opinion, rs
should perhaps tusiDg the words Of the Attorney
Genera, this decision TO rest IL stated by the
Attorney General 10 be. because the Vrgnius d" had
not been registered according TO law and this fact Is
said TO have been proved by the testimony OF certain
witnesses named In the decision. The proceeding i'll
which these witnesses examined is not explained
but the Acknowledgement invests their dispositions
with all the force which belongs to evidence. taken
iudciay, in the presence OF the party TO be affected
thereby who has had opportunity 10 contradict the
SINE and he invests them when he says: Nothing
appears 70 weaken the Of this testimony though
the witnesses generally subjected TO cross
examinaton;" and again. when he decides as follows:
Il cannot do otherwise than TO hold upon this
evidence that Pattersons oath was false and that the
registry obtained In his name fraud upon the
navigation laws OF the UDlted States.
The plain import Of these words is. that legal inyes
ugation has been made against me, that have
examined the witnesses and that have been unable to
offer anything TO weaken the force OF their test
mony." II anything needed to strengthen this
plain inference from the language used the public has
found the in the improbability that the Attorney
General would assume to decide question. affecting so
seriously only the character rights Of Ameri
citizen, but also the standing of the United States
q
volved his decision without, al least Cring TO the
person most interested therein opportunity 70 be
heard. bow these proofs taken can only infer
from the decision ITSELF which quotes from the proto
col that If sDan should prove 10 the satisfaction OF
the United States that the vrgnius not entitled to
the flag" then certain salute should be dis
pensed with and therefore suppose that Spain fur
nished the proof which, the absence Of any contra
dictioD, has made TO the satisfaction" Of the
Attorney General But whether this testimony
taken by Spain alone, by the United States alone
by the two Governments acting together, know not
for was not present and have not seen it. But do
know and do you that any testimony that was
the and sole OF the Vrginns al the time
when she registered utterly false for did not
swear falsely but truly when took the oath necessary
10 obtain her registry American vessel; and OF
this remain certain, Notwithstanding the Attorney
has decided that he cannot do otherwise than
hold" to the contrary
the testimony which Spain furnished to the Attorney
General. Spain had the right make er parte
against and the Vrginus and my Government
could not but receive the same and thereupon deter
mine whether not it would proceed against Inc and
her in the by due process OF law and suppose
such your object in referring this parte to
the Attorney General for opinion OF all this could
no: complained but the state Of facts till
existing, did suppose it possible that Spain could,
he ,Hrfsa IN fap-
ton OF the United States sufficient to obtain judgment
which, though IL may not be final against me, would
10 be final and concusivs upon the United States
in Its controversy with Spain. The Government had
for months by its cruisers protected the Virginus
against Spanish ships, whose officers had protested
that her registry papers were egal and within the
few weeks country had been the verge Of
war with spai0 which would have been UNSUITABLE
only on the ground that the Virginus was American
until the contrary legally proved in court Of the
United States and had been advised that decision
could be made against and her. except after open
trial IN court which and accused would be
alike represented 1t seems, however, that have been
wrongly advised.
The Sole tor OF the Treasury had given q bill Of
sale Of the vrCinus IN when he had agreed with me
and my assigns. Ito warrant aud defend the said
steamer against all aud every person and persons whom
soever" had thereupon sworn she mine; and the
Government had gwen her an American register, which
has ever SINCE protected btr Wuen now OF sudden,
lust she is being escorted to the United States not
perhaps herself innocent but yet kind OF trophy
negotiations to maintain the rights of the
United States this bill OF SALE this OATH this register.
this protection, and il this rejoic
ing rights maintained. each and all held TO be
fraud both upon the United States and SPAIN and this
decision made to put strongly possible. simply
because perhaps dozen persons have sworn that did
not pay United States for the vrgnius with my
money The property Of landlord might by a similar
process be proved to belong TO his tenant, II only half
the persons employed that tenant could be made
10 that the landlord did not own the same nor
would thing appear TO weaken the force OF this
testimony If the landlord were not called into court
And this might perhaps even be "corroboraed" If it
could not be found that either the landlord or the
tenant had insured the building AFTER" in the
case of tie Vrgnius "pains had been taken TO
tain the same" IT, in Spain an inquiry had been in
stituted which TO affect my rights OF person
property should have been protected by the Seventh
Article Treaty of 1885, between that country and
the United States which declares that United States
citizens in all trials Spain in which their rights
concerned "sha have free TO be present at the
proceedings in such and at the taking OF all
aminatons and evidence which may be exhibited" But
here in my country, Spain furnishing er pdr evil
depce against me, have been condemned as / could
not have lawfully been condemned even in Spain.
Leaving the the decision Of the Attorney Gen
era leaves II, IL seems 10 me that ephp ater having
violated her treaty obligations by executing American
citizens in Cuba without due process Of law has
ceeded even without hearing in condemnng both me
and the virginius in the United States, where
United States citizens should at least have much pro-
lection against Spain Spain has agreed to give them
when they may he trial in Spain. Even Capt Fry
and he have had advantage
over me- for they present before the extemporzed
nudge who condemned them upon evidence which. even
"a, yafhe L IN
ever controlling decision may be In condemnation Of
y Government the rights Of individual citizens are so
protected by the Constitution that cannot thereby be