The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1873-12-25
Tho Virginius Casc-OpiniOn of the
Attorney Gencrai-Ehe virginius
Carrying the American Flag
without Isight-'Thc SUR
render OF the prlgOncrg,
The following Is the opinion Of Attorney
General Williams in the Virginius case

Sir,-I have the honor TO acknowledge
the receipt of your letter Of the 18th
instant, submitting TO me large number of
documents and dispositions and asking fol
my opinion as to whether or not the Nir-
ginius, at the time OF her capture by the
Spanish man-ol-war Tornado, was entitled
to carry the flag Of the United States, and
whether or not she was carrying ii imprO-
pcrly and without right at that time. These
questions arise under the protocol Of the
29th ultmo, between The Spanish minister
and the secretary of state, in which, among
other things, il is agreed that on the 2jh
instant Spain shall salute the flag OF the
United States But it is further provided
that if Spain should prove to the satisfac-
ton Of the United States that the Nirgnius
was not entitled to carry the flag of the
United States, and was carrying 1t at the
time of the capture without right and inn
properly, the salute will he spontaneously
dispensed with, us in such case not being
necessarily reputable but the United
States will expect disclaimer of the inteut
of indignity to its flag in the act which was
committed.
Section one of the act of December Dist,
1902, provides that ships or vessels regis
tered pursuant to such act. and no other,
except such as Shall be duly qualified ac-
cording to law for the carrying on the
coasting trade and dcnominated, or deemed
ships or vessels of the United States shall
hc entitled to the benefits and privileges mp
pertaining TO such sh S.
Section four of the same act provide, for
an oath by which, among other things. to
obtain the register of vessel, the owner IS
rtQu.ied to swear that there is not n subject
az. ,.i,i,nu oC nnv rnrni,rn uri,,cn ar etntc iii.
,rctlv or indircctlv. by any trust conf
drncn or otherwise interested in snrh slim
~, vessel or In thr nrnfiis nj is.nrs thornnf
ohvio,,.lv therefore. no vessel in which -
FOREIGNER is directly or indirectly interested
/. nnii,lcd ia , United Static. r1,ri.frr aud
If onc ia obtained by 81 false oath ~ to that
noint and the fact Is that the vessel +.
nwncl or uorlly Owned hy roreigpcrs. She
cannot Inc drc,ncl a vessel Of he I'nitrd
Stntns ar entitled tn hcur,i'. ,,, nriviln,ra.
,nncrtniniuo IA .nrh vessel
fr,o X;,,7i,;,. ,,,. rcois,.,.l Ina Nov.
ynrl ON ITO 1Gth nf Scn,rnhar tS,D in
tho nonc Of Patterson t,bn made oath ~
rno,iirnJ hv Law lint The dnnnsilion. snh.
n,ii,oI ob,,ud,ntlv ehov tbnt In fact pat
,nrson vos AMI The owner nj lint limo 5ut
thot thn vessel ,,ns thr nrnnnriv Of certain
Cmhan ciii,ons in Nav Yurk ,yho furnish.
nj thn rnrrs.o,v rund. fnr bnr 'nnrrhosr
T. ShnnhpI who commanded thr vps.
ooI whom shn Init Nov Vnrl. win = cortin-
coto Of how rr"istc,. IN ,c name IF pottcr-
'', ,asiiGoi ,7ns;,ivni,, Ma, hn nn,ornd ma
NV D r 'r, tn ron,1o MI, said vessel nj nv
~, a." Lot,roon Onne,No Mo-, pa,,or
i,','. nn ~" o,hers nt hich # "oe i.t;rc,,
rnders,ooJ thnt ,hc vc.snl hnlongnI ~
Onesada. Mora and other Cubans. and that
said Mora exhibited TO him receipts Tor the
purchase money and for the repairs and
supplies upon said steamer, and explained
! to him how said funds were raised amoug
the Cubans in New York.
Adolpho De Narona. who was the sccrc-
tary of the Cuban mission in New York at
the time the Nirginius was purchased, and
a,tcrward sailed in her rs Quesa as chief
of-staff, tcstilcs that he was acquainted
with all the transactions. and knows that
the Nirginus was purchased with the funds