Elizabeth daily monitor. [volume] (Elizabeth, N.J.) 1868-1880, 1873-12-26

d." the receipt OF your letter of til
ltn lis ant submitting to me lars'
,umh + OF Documents aud deposition
nd asking Tor niy opinion as to whethe
II not tn" NirGiulus at the IIme oi he
apIure by the Spanish hnn of-war Tor
au0 WaS entltlrd to carry the flag u
ne United States and whether or 10
he WAS carrying it impropt rIy aut
Without right ut thai time. These qars
TONS arse under the protocol Of tbs
10Th ultimo between the Spanish minis
ter and the secretary OF state, in which
tmong other thugs it is agreed that OF
he 25th instant Spain shall salute ths
flag OF the United Suites. But it IL fur
uer provides. that if Spain should prove
q the. salts ucti II OF the United States
hat the Nngiuus was not entitled tG
AIRY the flag OF the United States and
Was carrying it ut the time OF the cap.
IRE without right and imp oprrly, the
salute will be spontaneously Iii pensed
with as, in su II case, not being ne as
aily +, quirahle; but the United States
will expect i'll such case Il disclaimer OF
Ii mt ut al iudignny TO its flag i'll the
act which was committed.
-, ca. II uf the ne Of December 81,
1882. provides that ships or vessels re
| -5isttred pursuant to such act, and no
Thrr, except such az shall be duly
luulitied according to law for carrying
IN the ccastiug trade. aud denomiuatcd
II deemed SHIPS or vessels OF the United
Stat, S, shall be entitled to the dement's
tud privll' GEES hpprrianing to sEch
hips, Section 4 oil the same act pro
'ides for au oath Ivy when, among
Their things. to 'htnlh the re- lStry OF ii
vessel, the owner Is required TO swear
hat tntIr Is not II SUBJECT or rlilztn ri
Any foreign prince or site directly or
Indirectly, hy way OF trust, cohhurnct'
II otherwise, interested IN such SNIP or
vessel, or III the profits or ISSUES thereof
Obviously, therefore, no vessel III which
foreigner Is directly or indirectly III
ieresttd is entitled to United States
registry. and, IT one is obtnlned Ivy II
'ul,e oath as to that point. and the fact
is that the vessel Is owned or partly
owned by foreigners, she canhot be
deemed a vessel OF the United States
or entitled to the benefits or privileges
appertaniug to such vess, Is, The Fr
giuius wa- registered III New York ON
the 10th OF s. ptcmher, 1870, III the
unme OF Patti rson, who made oath as
| r. quired by law, but the dispositions
submitted nbundnntly show that III tact
Patterson WAS not the owner at hat
time, hut that the vessel WAS the pro
peity OF certain Cuban citizens IN New
York who furnished the necessary funds
ful her purchase. J. j.. Shepherd, VIII"
commanded said vess'l when She left
New York with II certificate Of her re-
custer III the name OF Patterson, testlti'd
positively that h" ent' red into an ngrre
mtnt to command said vessel at an III,
terview between Qnesada, Mora, Pat
t. rs"n, and others nt which it vas dis
tinctly understood that tue V re- nlns
beioug,d t" QurSade. Mora, aud other
Cuhans, nnd that sand Mora eXh hlted
to HIM receipts Tor the purchase money
aud for repairs and snpphrs upon s"ld
>tcamt r, and explained +" HIM how SAID
funds we're raised among the C0bhns IN
New York.
Adolpho dc NafODa. WHO was the sec
rotary OF the Cuban mission III New
York 1t the time the NlGlnlns WAS pur
chnscd and afterwards sailed III her aS
Qutsadn's chief staff, ttstlties that he
VAS acquainted with all the details OF
the transactions, and knows that the
Nrginius WAS purchased with the funds
of the Cubans, ami with the understand
ing and arrangement that Patterson
should appear as the nominal owner, he
cause foreigners could not obtain Uni
ted States register Tor the vessel, flancls
Bowen, Charlie Smith. Edward Green
wood, john McCnnn, Matthew Murphy,
Ambrose rawlings. ih"maS Ga I"her.
John FurlonR, Thomas Anderson and
George w. Miller, who were employed
upon the Nngiuius III various capacities
after she was registered IN the lame OF
Patterson, testify clearly to the effect
that they were informed and understood
while they were upon the vessel that
she belongs To tsntSada ana the Cunans
represented by nm, AID that he n"vi-
gated. controlled. aud treated such YES
St III all respects ns though 1t was bis
property. Nothing appears to weaken
the force OF tins testimony, though the
witnesses were generally subjected to
cross examination but, on the contrary,
all the circumstances OF the case tend t."
ITS CONFEDERATION. WITH the oath for
registry the statute requires bond to
be given, slSne" by the owner, captain,
and one or more SuletieH hnt there
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