Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1873-12-26
AttOrney-General Williams Opinion
Regarding the Virginius.
WASHINGTON, December %.

Attorney-General Williams Opinion
Regarding the Virginius.
WASHINGTON, December %.
The following is the opinion of Attorney
General Williams In the Virginius case:
DEPARTMENT OF JUSTICE,
WASHINGTON, December H.
The Hon. Hamilton Fish, Secretary OF State
SIR: have the honor to acknowledge the
receipt of your letter of the 11th inst, sub
mitting to me large number of documents
and dispositions, and asking for my opinion
as to whether or not the Virginius 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 car
rying it improperly and without right at that
time. These questions arise under the proto-
col of the Goth ultimo between the Spanish
Minister and the Secretary of State, in which,
among other things, 1t was agreed to that on
the 25th inst. Spain shall salute the flag If the
United States; but it is further provided that
if Spain should prove to the satisfaction of
the United States that the Yirginus was not
entitled to carry the flag OF the United States,
and was carrying il at the time of her capture
without right and improperly, the salute will
be dispensed with, as in such case 1t not being
necessarily reputable, but the United States
will expect in such case disclaimer OF intent
Of lndignity to its flag in the act which was
committed.
Section of the act of Dec. 81, 1922, pro-
vides that ships or vessels registered pursuant
to such act, and no other except such as shall
be duly qualified according to law for carrying
on the coasting trade, and deaominated or
deemed ships or vessels of the United States,
shall be entitled to the benefit and privileges
appertaining TO such ships. Section of the
same act provides for an oath by which, among
other things, to obtain registry OF a vessel,
the owner is required to answer that there Is
not a subject or citizen of any foreign prince
or State, directly or indirectly, by way of
trust, confidence, or otherwise, interested in
such ship or vessel, OF in the profits or issues
thereof. Obv' ously, therefore, no vessel in
which 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 cannot be
deemed a vessel OF the United States, nor en-
Titled to the benefits or privileges appertaining
TO 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 dispositions submitted abundantly
show that in fact Patterson was not the owner
at that time, but that the vessel was the pro.
perty OF certain Cuban citizens in New York,
who furnished the necessary funds for her
purchase. j. E. Shepherd, who commanded
the said vessel when she left New York with
certificate Of her register in the name of Pat
terson, testified positively that he entered into
an agreement to command said vessel at an
interview between Quesada, Mora, Patterson,
and others, ut which 1t was distinctly under
stood that the Virginius belonged TO Quesada,
Mora, and other Cubans, and that said Mora
exhibited to him receipts for the purchase
money aud for repairs and supplies upon said
steamer, and explained to him how the said
funds were raised among Cubans in New York.
Adolpho de Varona, who was Secretary OF
Lthe Cuban mission in New York at the
time the Nirginius was purchased, and after
ward sailed in her as Quesada's Chief of Stan,
testites that he was acquainted with all the
details of the transactions, and knows that the
Nirginius was purchased with the funds OF
Cubans, and with the understanding and ar
rangement that Patterson should appear as
the nominal owner because foreigners could
not obtain United States register for vessel
Francis Bowen, Charles Smith, Edward Green
wood, John McCann, Mathew Murphy, Am
brose Rawlings, Thomas Gallagher, John Fur
long, Thomas Anderson, and George W.
Miller who were employed upon the Virginius
in various capacities after she was registered
in the name of Patterson, testify clearly to the
effect that they were informed, and understood
while they were on the vessel, that she be-
longed to Quesada and Cubans represented by
him, and that he nayigated, controlled, and
was his property.
Nothing appears to weaken the force of
this testimony, though the witnesses were
generally subjected to cross-examnation; but,
on the contrary, all the circumstances Of the
case tend to its corroboration. With the oath
for registry the statute requires bond to be
given, signed by the owner, captain, and one
or more sureties; but there were no sureties
upon the bond given by Patterson & Shep-
ord ha N IN
there was any Insurance upon the vessel, but
nothing of the kind has been found; and
Quesada, Verona, and other Cubans who took
passage upon the ViTginius, instead of going
on board at the wharf in the usual way, went
aboard OF tug after the vessel had left the
harbor of New York,
/ cannot do otherwise than TO hold, upon
this evidence, that Patterson's oath was false,
and that the register obtained in his name was
a fraud upon the navigation laws of the
United States. Assuming the question to be
what appears to conform to the intent of the
protocol whether or not the Virginius, at the
time other capture, had right as against the
United States to carry the American flag, l am
of the opinion that she had no such right, be-
cause she had not been registered 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 right to
capture a vessel with an American register,
and carrying the American flag, found in
her own waters assisting or endeavoriug to as
sist the insurrection in Cuba; but she has no
right to capture such vessel ON the high seas
upon an apprehension that, In violation of
the neutrality of the navigation laws of the
United States, she was on her way to assist
such rebellion. Spain may defend her terri
tory aud her people from hostile action
from what is or appears TO be an American
vessel, but she has no jurisdiction whatever
over the question as to whether or not such
vessel is ON the high seas in violation of any
law Of the United States. Spain cannotright-
fully raise that question as to the Virginius,
but the United States may, and as / under
stand the protocol they have agreed TO do 1t
and be governed by that agreement; and,
without admitting that Spain would otherwise
have any interest In the question, decide that
the Virginius at the time Of her capture was
without right, aud improperly, carrying the
American dag Very Respectfully,
GEORGE IL. WILLIAMS,
Attorney General.
-" Who dares IN snit tobacco fuice on