The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-11-17
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WASHIN G TON,
THE yIRGINIUS.
Caleb Gushing on the Law.

Caleb CuenlDg, IN the COURSE VI o Nou
versation to-day, was asked what, in
his opinion, were the legal aspects OF
the case OF the Virginius. He replied
that the question was one capable oi
so easy answer, saying; Turn to your
statute books and you will find that
the third section OF the act Of July p,
lS6S-"An act concerning the rights OF
American citizens in foreign State"
prescribes the duty of the President in
cases infringing upon such rights.
In fact, you would suppose that this
act had been passed with special refer
ence to such a csse as that now pre-
sented." Here the statute book was
produced, and the section referred to by
Mr.. Cushing was resd. 1t is as follows:
Whenever it shall be made known TO
the President that any citizen OF the
United States has been urjustIy de-
prived Of his liberty by or under the
authority of any foreign Government,
i, shall be the duty Of the President
forthwith 10 demand Of that Govern
ment the reasons for such imprison-
meut; and il il appears to be wrongful
and 10 violation OF the rights OF AmeriN
can citizenship the President
shall forthwith demand the release OF
such citizen; and il the release so de-
mapded ID unreasonsbly delayed or re-
fused it shall be the duty OF the PresI-
dent to to use such means, not amount
ing to acts oil war, as he may think
necessary and proper to obtain or ef-
fectuate such release; and all the pro-
ceedings and facts relative thereto shall
IS soos IS practicable be communi-
Gated by the President to Congress. "
Mr.. Cushing then remarked that this
set verv clearly defoes the course to be
pursued by the President in the prem
ises, aud he entertained no douot that
everything relating to the subject would
be laid before Congress on its assem-
bling. Pursuing the subject, Mr..
Cushing said that there were three i'm
portant points to be settled before any
steps could be taken by the Govern
ment of the United States: first, the
question OF the flag; second, the location
OF the vessel when captured; third, her
mission. All vessels carry a flag
OF some kind. Whether they are
rigbtfully entitled to the use Of
the flag is another matter. But the
nationality OF q vessel is governed by
her papers, which must correspond
with her flag; but neither tie flag nor
the papers are to be accepted as conclu-
siye evidence OF her nationality, as the
admiralty courts frequently so back OF
both in adjudicsting prize cases. Re
specting the location OF the vessel when
captured, this point is one not difficult
to be dealt with. During the late re-
bellion the privateer Florids, lying
quietly at anchor in Brazilian hsrbor,
WAS cut out by vessel OF the United
States, and iorcibly conveyed to the wa
ters OF the United States. This was an
uudoubted violation OF the sovereignty
OF Brazil. friendly power. The gov
eminent OF the United States admittea
this fact, and sent vessel to Brazil to
salute the flag of that nation in a for
NAL apology. The officer in command
OF the offending vessel was suspended
After the expiration OF a cOmpar-
atiyely briet period he was re-
instated upon the active list, and
promoted. In the case now presented,
however, the question is complicated
with the execution OF the officers, crew
and passengers Of the vessel seized
Admitting that the vessel was captured
on the high seas. while sailing under
the American flag, with American pa
pers, and in every respect as to form In
compliance with maratime usages, the
character OF her mission might alter
sll determine the question as TO the le-
gality of her seizure. The blockade
runners were British vessels, and when
captured in making undoubted at
tempts to enter ports blocksded by the
naval forces OF the United States the
vessels were recognized as legal prizes,
and no action whatever was taken Ug
the Government of Great Britain. The
Alabama and kindred privateers bore q
disputed character as TO nationality;
vet it was not disputed that they were
fitted out in violation OF the spirit
aud letter of International obligation.
The final settlement OF the
Alabama controversy exhibited the
proof that the vessel, although flying
tie flag OF the so-called Confederate
Government, was in reality a British
chip unlawfully depredating on Amerl-
can commerce. The came questions
arise and must be determined as to the
true character OF the Nirginius. II II
should be shown that the Virginius wss
engaged in the prosecution of enter
prlses hostile to Spain, q nation with
whom We are at peace, the fact that she
carried the American flag might not be
sufficient to protect her Congress has
defined by the act above quoted the
course to De taken, placirg practically
the determination Of what shall be done
IN it's own hands. The power vested in
the President does not confer upon him
the discretion TO put in operatioG, with
out the assent OF Congress, offensive 0;
:etaliatory measures.
Latest Cuban News-ExFcution al
FiftJ-seyen Moro of the vIrG.nIus
Prisoners.
WASHINGTON, November l5-Tbt
Government has just received inform
ton from Havana, through Consul,
General Hall, Of the execution, on the
!2th inst, OF fiity-seyen more OF thc
Nrglnius prisoners, Of whom seventeen
were British subjects The British
legation ia in receipt Of the same intel
i,igence. There appears 10 lie some
discrepancy in the statement as TO tn