The Richmond palladium. [volume] (Richmond, Ind.) 1855-1875, 1873-12-27
THE yIRGINHs QUESTION.
Opinion OF the Attorney General
DEPARTMENT OF JUsTIeE, I
WASHINGTON n G. Dec ID

Hon. Hamilton Fish. Secretary Of state:-
Sir: [ have the honor to acknowi-
edge the receipt of your letter, of the
18th instant, submitting to me a large
number Of documents and DISPOSITIONS,
and asking for my opinion as to
whether CT not The. .Yirsinirs 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 improperly and without ri GIT at the
time. These questions arise under
the protocol of the Goth ultimo, be-
tween the Spanish Minister and the
Secretary of State, in which, among
other things, it is agreed ON the 18th
instant, Spain shall salute the flag of
the United States. But it is further
provided that if Spain should prove
to the satisfaction Of the United
States that the Vireinius was not en-
titled TO carry the flag of the United
States, and was carrying it atthe time
of the capture without right and i'm
properly, the salute will be spentane-
ously dispensed with, as in such case
net being necessarily reputable, but
the United States will acceptin such
case q disclaimer of an intent of in
dignity to a United States flag in the
act which was committed.
A section of an act, December, 81,
1892, provides that ships OF vessels
registered pursuant to such act and
no other, except such as shall be duly
qualified according to law for carrying
on coasting trade, and denominated:.o r
deemed ships or vessels Of the United
States, shall be entitled to the bene-
fits and privileges ippertaining to such
ships. ay
Section Of .ha same act 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 a subject or citizen
.of any foreign prince OF state directly
or indirectly BY way Of trust, conf
dence- CT otherwise Interested in such
sh:p, CIR vessel, OF. ii the profits or is
sues thereof. Obviously, therefore no
vessel IN which foreigner directly or
indirectly is Interested; is emitted to
United States registry. and If enc is
obta.ned by false cath as to that point,
while the fact is that The vessel is
owned, or partly owned by foreigners,
she can not be deemed vessel Of the
United States, nor entitled to the
benefits or privileges aplIertaining to
such vessels. The Nirgiuins was reg
isterci in New York On the 10Th Of
Sept, 1870, in the name Of Patterson,
who made oath as required by. law,
but dispositions submitted abundantly
show that in fact, Patterson was not
the owner at that time, bat that the
vessel WAS the property of certain Gu
ban citizens in New York, who fur
nisi,ed the necessary funds for the
purchase. J. u. Sheppard, who com
manded said vessel when she left New
I ok with a certificate Of her register
IN the name of Patterson, has tcsti-
fed positively that he entered into an
agreement to- command said vessel at
an interview with Quesada. Mora, Pat
terson and others, at which it was dis
tInctly understood that the Virginius
belonged to Quesada, Mora and other
Cubans, and that said Mora exhibited
to him the receipts for the purchase
money and for repairs and supplies
upon said steamer, and explained to
him how said funds were. raised among
the Cubans in New York. Adolpho
de Varona, who was Secretary of the
Cuban Mission in New York at the
time the Virginius was purchased, and
atterward sailed in her as Quesada s
chief of staff, testifes that he was
acquainted with all the details OF the
transaction and knows that the
vIRGINIUs WAS PURCHASED WITH
THE FUNDS OF CUBANs, H
And with the understanding and ar
rangement that Patterson should ap-
pear as the nominal owner, because
foreigners could not obtain United
States register for vessel Francis
Bowen, Charles Smith, Edward Green
wood, John hcCann, Matthew Muir
ply, Ambrose Rawlings, Thos. Gala
gheT, John Furlong. Thomas Ander-
son and Geo. ". Miller were employ
ed upon the Virginius in various ca
pacities after she was registered in
the name of Patterson. and testify
clearly to the effect that they were in
formed and understood when they
were upon the vessel that she belong
cd to Quesada and the Cubans repre-
sented BY him, and that he nayigated,
controlled and treated SUCH vessel in
I'll respects as though it was his pro
perry. Nothing appears to weaken
the fierce Of shis Testimony, though
witnesses were subjected to cross
examination, but on the contrary all
the circumstances of the case tend to
| It's confederation. With The oath for
tile registry the statute requires a
bond to be given, signed by the own
ers ard one or more securities, but
there were no securities upon the
bond given by. Patterson and Shep-
pard. Pains have been taken to as
certain If there was any insurance up
on The vessel, but nothing Of the Kind
has been found. and Quesada.
Verona and other Cubans who took
passage upon the Virginius instead of
geing On board at tie wharf in, the
usual way, went aboard off tug after
the vessel had left the harbor Of New
L IKE L Cdtf Gttt 10 ttHtFW1SG Inan
to hold, upon this evidence, that Pat
terson' S oath vas false, and that the
register obtained in his name was a
raudsupon tbs navigation laws of the
United States. Assuming the ques-
ton to be what appears to conform to
Ethc intent Of the protocol, whether or
notithe Nirginiusl at the time Of her
CAPTURE had the right. as against the
/. United States. to carry the American
flag, L am Of the opinion that she had
ne such right, because she had not
been registed according to law; but |
am also Of the opinion that she was
as much exempt from interference on
the high seas by another power on
that ground as though she had been
lawfully registered. Spain. no doubt,
has a right to capture a vessel with
an American register and carrying the
American flag found in. her own wa
tiers, assisting or endeavering to assist