The New York herald., 1873-12-23

ter in the name OF Patterson, testified positively
that ne entered into an agreement 70 command
said vessel at an interview between Quesada,
Mora. Patterson and Others at which IL was dis
tinctly understood that the Virginius belonged TO
Quesada, Mora ana other Cubans, and that said
Nora exhibited to him receipts for the purchase
money ara i0r the repairs and supplies upon SAID
were raised among the c Cubans ban nm In New York.
Adolpn0 DE Var0na, who was the secretary
OF the Cuban Mission In New York at the time the
Virginius was purchased, and afterwards sailed
In her as Quesada's CHIEF OF Stah, testlfles tnat
he was acquainted with all the details OF the
transactions and knows that the VirRinlus was
purchased with the funds OF the Cubans. and with
the understanding and arrangement that Patter-
son should appear as the nominal owner, because
foreigners could not obtain United States pegis-
ter Tor the vessel. Francis Bowen, Charles smith,
Edward Greenwood, John McCann Matthew
John Furlong, Thomas Anderson and George w.
Miller, VINO were employed upon the Virginius in
name Of Patterson testify clearly to the effect that
they were informed and understood while they
were upon the vessel that she belonged to Quesada
ana the CuDans represented by him, and that
he navgated, controlled and treated such vessel in
all respects as though 1t was his property. Moth
ing appears to weaken the force OF his testimony,
though the witnesses were generally subjected TO
crosse Examination; but, on the contrary, all the cir
cumsuances OF the case tend to its corroboraton.
With the oath Tor registry the statute requires a
bond TO be given, signed by the owner, captain
and one or more sureties, but there were no sure
ties upon the bond given by Patterson and Shep-
herd. Pains have been taken to ascertain II there
was any insurance upon the vessel; but nothing OF
the other Cubans who took passage upon
the virginius, instead OF going on board
at the wharf in the usual way, went on board or a
tug after the vessel had left the harD0r OF New
York. cannot DO otherwise than to hold upon
this evidence that Pattersons oath was false, and
that the register obtained in his name was fraud
upon tie navigation laws OF the United States.
Assuming the question to be what appears to con-
form to the intent OF the protocol whether or not
the Virglnius at the time Of her capture had a
right, as against the United States to carry the
American nag, am OF the opinion that she had no
such right, because she had not been registered
according to law; but ! am also OF the
opinion that she was as much exempt
Power on that ground as though she had been
lawfully registered Spain no DOUBT has a right
to capture vessel with an American register and
carrying the American flag, found in her own
waters, assisting or endeavoring to assist the In
surrectiOn in Cuba; but she has no right to cap
ture such vessel on the high seas upon an appre-
hens0n thar in violation OF the neutrality or nav
igation laws Of the United States, she was on
her way to assist the said rebellion.
Spain may defend her territory and people
from the hostile attack OF what is or appears to be
an American vessel; but she has no Jurisdiction
Whatever over the question as to whether or not
snch vessel is on the high seas in violation OF any
law OF the United States. Spain cannot rightfully
United States may and, as understand the proto-
col, they have agreed to do 1t; and, governed by
that agreement and without admitting that Spain
would otherwise have any interest in the ques-
tOn, decide that the Vrginius at the time OF her
capture was without right and improperly carried
the American flag. Very respectfully,
GEORGE H. WILLIAMS Attorney General.