Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1873-12-31

following Is tne opinion OF Attorney
General Williams in the Virginius
case:
DEPARTMENT OF JUSTICE,
WASHINGTON, December II. 1873
Hon. Hamilton Fish, Sec'y State:
Sir-I have the honor and to &C.
knowledge the receipt of your letter
of the llth instant, submitting to me
large number Of documents and de-
Positions and asking for my opinion
as to whether or not the Virginius at
the time of her capture by the
Spanish man of-war Tornado, was en-
titled to carry the flag Of the United
States, and whether or not she was
carrying it improperly and without
right at that time.
These questions arise under the pro-
tocol Of the, 29th ultimo, between the
Spanish Minister and the Secretary of
State, in which, among other things,
it was agreed to that on the 10Th in
stant Spain should salute the flag Of
the United States but it further pro
vided that If Spain should prove to the
satisfaction 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 with.
out right, and improperly, the salute
will be spontaneously dispensed with,
| as, in such case, it being unnecessarily
reputable; but The United States will
expect, in such case, disclaimer of
intent indignity to its flag in the act
which was committed
Section | Of the act Of December 81, d,
1892, provides that ships or vessels re
gistered pursuant to such act, and no
other, except such as shall be duly
qualified according to law for carrying
on coasting trade, and denominated or
deemed ships or vessels of the United
States, shall be entitled to the benefits
and privileges appertaining to such
ships,
Section 4 of the same act provides
for an oath by which, among other
things, to obtain registry Of a vessel,
the owner is required to swear that
there is not a subject or citizens Of any
foreign Prince or State, directly or in
directly, by way of trust, confidence,
or otherwise, interested in such ship
or vessel, or in the profits or issues
thereof. Obviously, therefore, no yes
sci in which foreigner is directly or
indirectly interested is entitled to a
United 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 can
not be deemed a vessel of the United
States. or entitled to the benefits or
privileges appertaiuing 10 svch vessels.
The Virginius was registered in New
York on the 26th Of September, 1870,
in the name of - Patterson, who
made oath as required by law; but de-
positions submitted abundantly show
that in fact Patterson was not the own
er at that time, but that the vessel was
the property Of certain Cuban citizens
in New York, who furnished the ne.
cessary funds for her purchase.
J.GE. Sheppard, who commanded said
vessel when she left New York with
certificate Of her register in the name
of Patterson, testified positively that
he entered into an agreement. to CON-
mand said vessel at an interview be-
tween Quetada. Mora, Patterson, and
others, at which it was distinctly un-
derstood that that the Virginius be-
longed to Quesda, Mora, and other
Cubans, and that said Mora exhibited
to him receipts for purchase mouey
and for repairs and supplies upon said
steamer, and explained 10 him how
said funds were raised among the Gu
bans in New York.
Adolpho de Varona, who was Secre-
tary Of the Cuban Mission in New
York at the time the Virginius was
purchased, and afterwards sailed in her
as Quesada's Chief Of State, testified
that he was acquainted with all the de-
tails of the transaction, and knows that
the Virginius was purchased with funds
of the Cubans, and with the under
standing and arrangement that Patter-
son should appear as the nominal own
er, because foreigners could not obtain
United States register for vessel.
| Francis Bowen, Charles Smith, Ed
ward Greenwood, John McCann, Mat
thew Murphy, Ambrose Rawlings,
Thomas Gallagher, John Furlong:
Thomas Anderson and George W. Mil
ler, who were employed upon the Vir-
ginins in various capacities after she
was registered in the name Of Patter-
son, testify clearly to the effect that
they were informed and understood
while they were upon the vessel that
she belonged to Quesada and the Gu
bans represented by him, and that he
navigated, controlled, and treated such
vessel in all respects as though it was
his property Nothing appears to
weaken the force Of this testimony,
| though the witnesses were generally