The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-12-23
Exclusively for the Register.
By the Pacific and Atlantic Line.
Onice, ITO Main street,
WASHING TON.
WASHINGTON, December %.
AttOrney.General's Opinion on the
yirginfus.
DEPARTMENT cF JUSTICE,

DRAR CIR II nave the nOnOr 10 &C
knowledge the receipt OF your letter o
the l7tb, submitting to me large NUM-
Der OF documents and depositions, anc
asking for my opinion as to whether Of
not the Virginius, at the time of he
capture by the Spanish man OF wal
Tornado, was entitled to carry the fist
OF the United States, and whether OF
not she was carrying it Improperly anC
without right at that time. These
questions arise under the terms OF th'
protocol OF the Goth ultimo, between tb,
Spanish Minister and the Secretary o
State, in which, among other things, it
is agreed bat on the 25th inst Spain
shall salute the flag of the United
States, but it is further provided that il
Spain should prove to the satisfaction o
the United States that the VirginiuI
was not entitled to carry the flag Of tn,
United States, and was carrying it a.
the time OF the capture wong and i'm.
properly, the salute VII he sp'n!ane"
ously dispensed with a, a ~rrh case
not being necessarily r,quirsbie, but
the United States will expect in sncn
case a disclaimer OF any intent Of ia' g
nifty to its flag in the act which y -
committed. Section let OF the &C -
December 3lst, 1872, provides that a"y
chip or vessel registered pursuant tt
such act, and no other, except such as
shall be duly qualified according tc
law for carrying on coasting trade and
denominated and deemed ships OF the
United States, are entitled to the bene'
fits and privileges appertainiug to such
chips. Section 4th Of the came act
provides for an oath by which, among
other things, to obtain regstery ot
the vessel, the owner is required to
swear that no subject or citizen
OF any ~, jcH lrirce or State directly or
indirectly, by way vi trust, confidence or
otherwise, is interested in such chip or
vessel, or in the profits or issues there
o. Obviously, therefore, no vessel in
which foreigner is directly or Indirect
ly interested, is entitled to 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 part
ly owned 10y foreigners, she cannot be
deemed a vesfel OF the United States,
or entitled to bear the United States
flag. The Vrginius was registered iu
New York on the Goth OF September,
1870 in the name OF Patterson, who
made oath as required by law; but
depositions submitted, sbundantly show
that in fact Patterson was not the own
er at the time, but the vessel was the
property OF certain Cuban citizens in
New York, who furnished the necessa-
ry funds for her purchase. Shepherd
who commanded, said vessel when
she left New York, with a certificate
OF her register in the name OF Pat
terson, testifes positively that be
entered into an agreement
TO command the vessel at an
interview between Quesada, Mora,
Patterson and others, and that
Mora exhibited to him receipts
Ter purchase money and for repairs
and supplies on said steamer and ex.
planned 10 him how the said money
was raised among the Cubans in New
York. Alphonse DeVarara, who was
secretary OF the Cuban mission in New
| York at the time the weasel was pur-
chased, and afterwards sailed in her,
as Qu.saia's chief OF staff, testihes that
he WAS acquainted with all the details
and transactions; that the Nirginius
was purchased with the funds OF the
Cubans and with the understanding
that Patterson should appear as nom
inal owner, because foreigners could
not obtain a United States register for
the vessel. Francis Beanie, Charles
Smith, Edward Greenwood, John Nc
Cause, Matthew Murphy, Ambrose
Vamlngo, Thomas Gallagher, John
Furlong, Thomas Anderson and George
w. Walter, who were employed upon
the Virginius in various capacities af-
ter she was registered in Pstterson's
name, testified that they were inform ed
and understood while they were in the
vessel that she belonged to Quesads
and the Cubaus represented by him,
snd tbat he navigated, controlled, and
treated such vessel in all respects as
though she was his property. Nothing
appears to weaken the force Of this tess
timony, although the Witnesses were
generally subjected to cross exsmina-
ION, but, on the contrary, all the crew
were witnesses to the case aud 10 lts
corroboration. With the oath for reg
istrstion the statute requires q bond 10
he given, signed BY the owner, Captain
and one or more suretes, but there
were no sureties on tie bond given by
Patterson and Shepherd. Pains have
been taken 10 ascertain il there was
any insurance on the vessel, but moth
ing OF the kind has been found, and
General Vsrand and the other Cubsns
who took passage npon the vessel, in-
stead OF going on board a. the wharf
as Is the usual way, went aboard of 3
tug after the vessel had let the hsrbor
OF New York. | cannot do otherwise
than to hold on this evidence that
Patterson's testimony was false and the
register obtained in his name was q
fraud upon the navigation laws OF the
United States. Assuming the question
to be what it appears to be, to conform
to the intent Of the protocol, whether
or not the vessel had right as against
the United States TO carry the Amer.
icsn flag, l am Of the opinion thai
she had no such right because she wa:
not registered according to law, but ]
au also OF the opinion tnat she was a.
much exempt from interference OF
the high seas by another power, OF
that ground as though she had beer