The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1873-11-17
Correspondence OF the World.
STATUS OF TEnE VIRGlNlsS.
Caleb Cusiiing's Opinion oil thc Lee
gal Points OF the Case.
WASHINGTON, Nov.

WASHINGTON, Nov. II.
Caleb Cushing in the course of CONVEX
sation to-day, was asked what in his
opinion were the legal aspects of the case
of the Virginius. He replied that the ques-
ton was one capable of an easy answer,
saying:
Turn to your statute books and YOU
will find that the third section of the act
of July 81, 1868, an act concerning the
rights of American citizens in foreign
states, prescribes the duty of the Presi-
dent in cases infringing upon such rights.
In fact you would suppose that this act had
been passed with special reference to such
a case as that now presented" Here the
statute book was produced, and the sec
ton referred to by Mr.. Cushing was read
1t is as follows
Whenever II shall be made known to the Pres
ident that any citizen OF the United states has
been unJustly deprived OF his liberty by or un-
der the authority OF any foreign government 10
shall be the duty OF the President forthwith TO
demand of that government the reasons for
such Imprisonment, and II It appears TO be
wro lgful and In violation OF the rights of Amer
lean citizenship the President shall forthwith
demand the release OF such citizen and II the
release so demandedls nnreasonably delayed or
refused II shall be the duty OF the President to
use such means not amounting to acts OF war
as ne may thlnk necessary and proper to obtain
or effectuate such release, and All The facts and
proceedings relative thereto shall, as soon as
practicable, be communicated by the President
to Congress.
Mr.. Gushing then remarked that this act
very clearly defined the course to be pur-
sued by the President in the premises, and
he entertained no doubt but that every
thing relating to the subject would be laid
before Congress on its assembling
D1rGiunu tho euhinct Mr. ruol;n,r 1
that there were three very important points
to be settled before any steps could be taken
by the government of the United States
Fist the question of the flag second, the
location of the vessel when captured ;
third her mission. All vessels carry flag
of some kind. Whether they are rightfully
entitled to the use of the flag or another
flag is another matter. But the nationality
of n vessel sgoyerned by her papers which
must correspond with her flag. But neither
the flag nor the papers are to be accepted us
conclusive evidence of her nationality, ms
the admiralty courts frequently go back of
both in adjudicating prize cases
And now, respecting the location of the
vessel when captured, this point is one not
difficult to he dealt with. During the late
rebellion the privateer Florida, lying qnictlv
at anchor in Brazilian harbor, was cut ont
ny u NcsScl ol lhe lnllcu states and tOrCi-
bly, conveyed to the waters of the United
States. This was an undoubted violation
of the sovereignty of Brazil, friendly pow
er. The government of the United States
admitted this fact and sent vessel to
Brazil to salute the flag of that nation in Il
formal apology. The officer in command
of the offending vessel was suspended.
After the expiration of comparatively
brief period he was renstated upon the ac-
tive list and promoted. In the case now
presented, however, the question is com
pllcated with the execution of the officers,
crew, and.passengers of the vessel seized.
Admitting that the vessel was captured on
the high seas while sailing under the Am
ercan flag, with American papers, and in
every respect as to form in compliance
with maritime usages, the character of her
mission might after all determine the cues
ton as to the legality of her seizure. The
observation-disclosures were British vessels
and when captured in making undoubted
attempts to enter ports bloekaded by the
naval forces of the United States, the YES
sells were recognized as legal prizes. No ac.
ton whatever was taken by the govern
ment OF Great Britain. The Alabama and