New-York tribune., 1873-12-23

trne OF this act such Shp vessel shall be for
the United states with her tackle, apparel and
furniture"
The Supreme iCourt has decided that the pro-
visions of this section apply well to vessels which
have not been registered rs to those to which regis
ters have been previously granted The virginius
not captured by the United States but by Spain.
She was owned by Spanish, or Cuban, citizens, and
had on board Spans own citizens, bent on an cr-
rand of hostility against their own Government If
the fraudulent character of her registry deprves the
Vrginius of the right to be protected by the United
States flag after that fraudulent registry has been
proved the question arises, has not Spain right to
capture her citizens on the high seas IN vessel
of their own bound errand of hostility against
the Government TO which they owe allegiance.
And supposing that the United States was right in
its diplomacy while the Virginius primd tdcie
American ship, does not the decision OF the At
torney- General make it duty to place her just
where she would be had she been captured
under a Cuban fagf
These are the questions asked by those who have
from the first contended that the State Department
had taken ground which was untenable On the
other hand IT is contended that, in obtaining
fraudulent registry the Vrginius violated United
States law and is amenable to the United States'
that we cannot allow Spain to be the Judge whether
register carried by ship is fraudulent or not but
that she must respect ii whereveIfound. All speak
of diplomacy in this stronger than IN any
before managed by this Administration, and for
it accord praise TO the President and Secretary Fish,
TEXT OF ATTORNEY GENERAL wILLIAMs's OPINION
CUBANs PART OWNERS OF THE YEssEL-sPAIN
NOT JUSTIFIED IN THE SEIZURE.
lGENERAL PRESS DisPATCLl
WASHINGTON. Dec. 22.-The following is the opin-
ion of Attorney General Williams in the Nirginius
case;
DEPARTMENT OF JUSTICE, !
WtsBINGTOS, ID. C., Dec. II, 1873.
HAMILTON FISH, .Seeretnry Of state.
SIR: l have the honor to acknowledge the receipt Of
your letter of the nth inst, submitting 10 me large
number of documents and dispositions. and asking for
my opinion as TO whether not the NirCinus at the
time of capture by the Spanish manofwar Tornado
entitled the flag Of the United states ana
whether or not she carrying It improperly ana
without right AT that time. These questions arose
under the protocol of the 29h ut between the Spanish
Minister and the Secretary of State. in which, among
other things it agreed that the 25th inst Spain
shall salute the nag of the United States But 1t is fur
provided that if Spain should prove to the satsfac
ton OF the United States that the Vlrginius was
not entitled carry the fas OF the United States ana
was carving the time of the capture without right
and improperly the salute will be spontaneously dis
pensed WITH as such not being necessarily re-
qmrabe hut the United States will expect iu such case
disclaimer of the intent Of ndigny 10 its flag in the
act which committed.
Section of the act of Dee ST. 1892. provides that ships
OF registered pursuant to such act aud no other
except such az shall he duly qualified according TO law
FOR carrying cosstng trade and denomnated, or
deemed ships vessels OF the United States shall be
entitled 10 the benefits and privileges appertanins to
such ships.
section OF the act provides for an oath by which,
among other things, obtain the registry OF vessel
the owner required that there is not sub
ec of any foreign prince or state directly or
indirectly by trust, confluence or oerwSe' HUT
estcd in such ship or vessel in the profits issues
thereof. Obviously, therefore, no vessel IN which a
foreigner directly indirectly interested IL entitled
to United states registry and, If one IL obtained by
false oath that point and the fact is that the vessel
L. owned or partly owned by foreigners she cannot be
deemed vessel Of the United states or entitled 10 the
benrdts or privileges appertainng to such vessels.
The Virginius registered III NewYork on the 26th
OF September 1870 in the name OF Patterson who made
oath a. required by law but the dispositions submitted
abundantly show that in fact Patterson was not the
owner that lime, but that the vessel was the prop
erty Of certain CiOan citizens in New York. who fur
nished the necessary funds for her purchase. j. L.
Shepherd who commanded said vessel When she left
NeNYork with certificate OF her register III the name
OF Patterson testified positively that he entered into an
agreement 10 command said vessel al an interview be-
tween Quesada, Mora, Patterson and others, at winch
II was distinctly understood that the virgnus belonged
d,
exhibited 10 him receipts for the purchasemo and
for the repairs and supplies upon said steamer and
pIained 10 him said fuuds raised among the
Cubans in New York.
Adolpbo DE yarona, the Secretary OF the
Cuban Mission in New-York the time the VTginius
was purchased and afterward sailed in her Quesadas
Chiefoistaf tesiifes that lie acquainted with all
the details of the and knows that the Vr
gns purchased with the funds OF the Cubans and
with the understanding and arrangement that Pattcr
son should appear the nominal owner, because for
eeners coud not obtain United States register for the
vessel Francis Bowen, Charles Smith, Edward Green
wood John McCann. Matthew Murphy Ambrose Raw
liugs Thomas Gallagher. John Furlong Thomas Ander
son. and G. ". Miller, who were employed upon the vr
einus in ysrons capacities after was registered In
the name Patterson testify clearly to the effect that
| hey informed, and understood while they were
npon vessel that she belonged TO 1esada and the
Cbans represented by him. and that he navigated
,roled and treated such vessel in all respects though
1t was his property. Nothing appears TO weaken the
force OF this testimony, though the witnesses
orally subjected to crosseramination but, ON the con-
trary an tho circumstances OF the tend to its
roboration
with the oath registry the statute requires bond
signed by the owner captain. and one or more surees
but were suretes the bond given by Pat
ter,on and Shepherd Pains have been taken TO
tain il there any insurance upon the vessel, hut
nothing of the Kind has found and Quessda, Va
roma and the other Cubans who took passage upon the
yircnins instead Of going board al the wharf the
usual way went aboard of tug after the vessel nad
left the harbor OF New-York
cannot do otherwise than TO hold this evidence
that Paerson's oath false and that the register
tanned in his name fraud upon the navigation
laws United States. Assuming the question to be
what appears to conform the intent OF the protocol
whether or not the yrgnius at the time OF her capture
had right as against the United States, to carry the