Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-12-23
Decision of Attorney General
Williams.
The Vessel Hal no Right to Fly
our Flag,
But Spain Had no Right to Cap
ture Her on the High Seas.
The Spanish Demand for Her
Return Discredited,
But Claims for Damages Threat
ehed instead.
England Takes up the Quarrel
where we Left off;
Anti Demands the Punishment
of Butcher BrrieI.

The following is The decision of Attorney
| General Williams in the Virginius case.
DEPARTMENT OF JUSTICE, WASHING
TON, Dec. 17-Hon. Hamilton, Fish, Sec
retaTy Of State, Sir: l have the honor to
acknowledge the receipt of your letter d
the 18th inst, submitting to me large
number of documents and depositons, ask
ing 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 carrying it improp-
erly and without right at the time. These
questions arise under the protocol of the
29th ult., between the Spanish Minister and
the 5 cretary of State, in which among
other things it is agreed that on the 25th
inst, Spain shall salute the FLAG of the
| United States, but it is further provided
that if Spain should prove to the satisfac-
tion of the United States that the VirginIus
was not entitled to carry the flag of the
United States, and was carrying it at the
time of Capture without right and improp-
erly, the salute shall be spontaneously dis
pensed with, as in such case not being nee
essarily requirable, but the United States
| will expect in such case. a disclaimer of
| lllJCilt Vi ~ It's ld8 Ill Tile ACT
which was committed.
Section ; of an act Of Dec. 81, 1872, pro-
videS that ships or vessels registered pur-
suant to such act, and no other, except such
as shall be duly qualified according to law.
for carrying on the cOasting trade and de-
nominated or deemed ships or vessels of
the United States, shall be entitled to the
benefits and privileges appertaining to such
4. ~
for an oatlIby which, among other things,
] to obtain the registry of vessel, the owner
is required to swear that there is not sub
ject, or citizen of any foreign Prince, or
State, directly orindirectly, byway of trust,
confidence or otherwise interested in such
ship, or vessel, or in the profits, or issues
thereof Obviously, therefore, no vessel in
whicha foreigner is directly or indirectly in
terested,is entitledtoaU nited 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 avessel of the United
States, or entitled to the benefits or priyi-
leges appertaining to such vessels.
The NirginiuS was registered in New York
on the 26th Of September, 1S70,in the name
of Mr.. Patterson who made the oath as
lttiiittl w law. Dlli lilt htIbSiIlDllo Stib-
mitted abundantly show that in fact Pat
tersOn was not the owner at that time, but
that the vessel was the property Of certain
Cuban citizens in New York, who furnish
ed the necessary funds for her purchase.
J. Z. Shepherd, who commanded the said
vessel when she lett New York with the
certificate of her register in the name, of
Patterson. testified that he entered into an
e, If1, or
an interview between QueSada, Moro, Pat
terSOn and others, at which it was distinct
ly understood that the NiTginius belonged
to Quesada, Moro and other Cubans, and
that the said Moro exhibited to him the re-
ceipts for the purchase money and for
repairs and supplies upon said steamer, and
explained to him how the said fluids were
raised among the Cubaus in New York.
Adolpho de Varona, who was Secretary
of the Cuban Mission, New York, at the
time the NiTginius was purchased, and af-
terwards sailed in her as QueSada's Chief
of staff. testifies that he was acquainted
with all the details the transaction and
knows that the Virginius was purchased
with the funds Of Cubans and with the un-
derStanding and arrangement that Patterson
should appear as nominal owner, because
-
register for the vessel.
Francis Bowen. Chas. Smith, Edward
Greenwood, John McCann, Matthew Muir
ply, Ambrose Rawlings, Thomas Gala
CHER, John Furlong, Thomas Anderson and
George W. Miller, who were employed
upon the Virginius in various capacities,
after she was re -istcred inthe name Of Pat
terson, testify to the effect that they were
informed and understood while they were
upon the vessel, that she belonged to Que
sada and the Cubans represented by him,
and that he navigated, controlled and
treated such vessel in all respects as
though it was his PR perty. Nothing ap-
peared to weaken the force Of this testimO-
ny. though the witnesses were subjected to
cross examination, but, on the contrary,
all the circumstances Of the case tend to
its corrObOration.
With the oath for registry, the statute re-
quires a bond to be given, signed by the
owner, Captain and one or more Securi-
ties. but there were no sureties upon the
bond given by Patterson q Shepherd.
Pains have been taken to ascertain if there
was any insurance upon the vessel, but
nothing of the kind has been found, and
Quesada. Verona and the other Cubans
who took passage upon the Virginius. in
stead of going on hoard at the wharf, inthe
usual wav. went aboard off of tug, after
the vessel had left the harbor Of New York.
| cannot do otherwise than hold upon this
evidence that Patterson's oath was false
and that the register obtained in his name
was fraud upon the navigation. laws OF
the United States.
Assuming the question to be what ap-
pears to conform to the intent of the proto-
col. whether or not the NirginiuS at the
time of the capture had the right to carry
the American flag, | am of opinion that she
had no such right, because she had not
been registered according to law. But L
am also Of opinion that she was as mtlch
eNempt from interference on the high seas
bv another power on that ground as though
she had been lawfully registered. Spain
no doubt has right to capture vessel
with an American register and carrying the
American flag if found in her own waters,
assisting or endeayOring to assist the lnslir-
rection in Cuba. but she has no right to
cap;ure such a vessel on the high seas upon
an apprehension that in violation OF the
neutrality or navigation laws OF the
United 81 ateS she was on her way TO assist
such rebellion. Spain may defend her ter
ritoIy and people from hostile attack OF
what is or appears to be an American YES
sci. but she has no jurisdiction whatever
over the question as to wheter or not such
vessels are on the high seas III violation OF
any law of the United States. Spain can
not rightfillv raise that question as to the
Vircinius. but the United States may, and
as | understand the protocol, they nave
agreed to do il. And governed by that
agreement and without admitting that
Spain would otherwise have any interests
| decide that the Nirginius at the time oi
her caplure was without right and mprop-
crIv carving the American flag.
Very respectfully, 49,. -,
GRO. III. WILLIAMS, AL Oeh'
Grants Lost Opportunity - England
Demands the Punishment OF the
Butcher BurrieI.
KEY WEST, Dec. 20.-lntOTmatlonr reach
ed here Yesterday from Havana that serious
complications in regard to Cuba have arisen
between the Spanish and British govern
ments. The adyices do not state the pre-
else nature ofthe difficulties; bnt il has be-
caup known here tina, the British Consul
General At Havana has received dispatches
from Lord Granville 10 instrnc; all the naval
commanders in the West Indies to Imme-
diatelv rendezvous in Cuban ports. IL