The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1873-12-23
y ~ y 7 " ~ " y n II ~
WAsuINGToN, i&cen Der II, 1919. !


DEPARTMENT. or JUsrGCE.
WAsuiNGToS, IAceni Der 7, 1879.
! Hon HAMILroN FISH. Secretary Of
! State DsIr S,r:--l have the honor to
acknowledge tho receipt OF your letter Of
the llth inst, submitting to me largo
number Of documents anl descriptions
aud asking for my opinion whether or
| act the Nirsinius, NJ tho tine of her cap
! turr by the Spanish msn-of war Tornado,
was entitled to carry. the flag OF the
! United States and whether or not she was
carrying it improperly and without right
~ the time these questions arose Under
| the pro ocil OF the % n ult., between the
! Spanish minister and the secretary oE
/ state, In which among other 'hings, il Il
agreed on the 18th inst, Spain shall sal
ute tho flag Of the United States but il
is further provided that if Spain should
prove TO the satisfaction of tho United
| States that tho Nirginius was not entitled
TO carry the flag OF the United States md
was carrying it at tho time of capture
without right and improperly, the sa-
laute will be- Spontaneously dispensed with
as in such case not being necessarily re-
| CURED bat the United States
! will expect IN such n case
a disclaimer Of inten! o. iuiignty to its
| asg IN the act which was committed. Sec
| ton 3 Of al Act December 81, 1872, pro-
! yidds ",hat ships or vessels registered
| pDrs uHnt 10 such act and no other except
such as shall 30 duly qIal!hed according
| 10 law for carrying or coating trade and
d,1omnated and deemed ships or vessels
| Of tho United States, shall bo entitled 10
benefits and privileges sppertsinng to such
! ships. Section 4, Of same act, provides
Tor an oath by which among other things
to obtain registry Of n vessel, the owner
| is required to swear that there is not
.utjec! or citizen of any foreign power
or state, directly or indirectly, by way of
trust, confidence or Otherwise, interested
in such ship or vessel, or in profits or l.
! sues thereof obvious ' therefore no vessel
in which u foreigner is directly Of indirect
| ~ interested, il entitled TO "A United States
! registry, and If ons Is obtained by false
oath a. to that point and tho fact i. that
IL the vessel IL owned or partly owned by
Foreigners she cannot be- deemed vessel
of tho United Sta'os or entitled
to benefit or privileges apportnining to
! such vessels. The Nirginius WAS registered
/ in New York on the 10Th of September,
1870, in tho name of Patterson, WHO mtdo
oath M required by law, bu. dcpositions
submitted abundantly show that in fact
| ! AlsiirNh WIS iltl OWItE CT nNT NJ LIhL
timO, but that tho vessel was the property
Of certain Cuban citizens in New York,
! who furnished tho necessary funds for hor
purchase. j. 4 Shepherd, who com
mandcd the vessel when she left
! New York with certificate Of her register
! in tho rGmo of Patterson, testified
| that 10 entered into AZ agreemsnt
to command elid weasel. AT an interview
| between Qle.a1a Mora, Patterson and
| othOrs, IL was distinctly tho understand
| ing that the Nirgintus belonged to Qucsads
! Mora and other Cubans; and that Mora
exhibited 10 him receipts for purchase
money and for repairs and supplies upon
said steamer and explained to him how
said funds were raised among tho Cubans
in New York, Adolph Dovarona, who
was secretary OF the Cuban mission 10
! New York at the time the Nirguius was
| purchased and afterwards sailed in her
as Quesadns chief Of staff, testfes that he
| was acquainted with all the details of the
| rsusactiOus, and knows that the Virgin
ius WAS purchased with the funds Of the
| Cubans, and with the understanding and
angcnont that Paterson should appear
us nominal owner, because foreigners
| could no. obtain an United States register
for tho vessel, Frames Brvon, Charles
smith, Edward Greenwood Jacob Nc.
Carm, Mathew Murphey, Amorasa Saw
hrgs Thomas Gallagher, John Furlong
| Thomas Anderson and Geo W. Killer
were employed upon tho Nirginius in VIZ.
| ious capacities Siter she was registered in
the namo of Patterson, testify clearly 70
the effort tlat they were informed and
understood while they wersIup5a tho vcr-
so, that she belonged to Qucsade ana
Cuhans represented by hin, and that he
navigatel, control,ol, and treated such
vessel IN all respects as though it wss has
property. Nothing appears to weaken
tho force Of this testimony, though the
Witnesses were subjected to cross cxam-
NATION, but on the contrary all tho cir
cumstangs Of The case tonts 10
it5 Confederation with the oath for
registering. The statute requires a bond
10 be- given, siguel IS the owner, captain,
and one or more securities. but there
were no securities upon Tho bond givon by
Patterson and shepherd. Pains have been
tsken to ASCERTAIN il there was any insur-
ance upon the vessel, but nothing of the
kind has been found, Quesaia, Dorona
and other cubans also took passage upon
Tho Nirsinius, hut instead Of going on
board ut the wharf ia the usual way, went
aboard oil the tue after the vessel had loft
! NAb hAlbJE o. NOW ok, / cannot do
o'herwiae than 10 hold upon this evidence
that pAttorsJns oath was false, and that
the register obtained in his name was
: fraud upon tho navigation laws Of the
Uutods5tates.
In assuming the question TO be what M
pears TO confor INTO tho intent Of tho rro.
toCol whether cr not the Nirginus at the
time Of her capture bad tho right a.
against the United States, to carry the
Amorican flag, | nm Of the opinion that
she had no such right because she had no,
been registered according to law but |
an also OF opinion that she was a,
much exempt from interference on the
high seas by another power, on that
ground, as though she had been lawfully
, registered. Spain, TO doub, has right TO
, capture a vessel with an American regis
ter and carrying the American Gag, found
in her own waters, assisting or endesvor-
p ing 10 assist tho insurrec,ion in Cuba bat
! she has no right 70 eapturo such vessel
on the high sohs upon appre honsion. That
in violation OF the neutrality or navigation
7 laws Of the United States, she was on hor
70 way TO assist such rebellion,