The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1873-12-27
The v,,sia,u. nIuadl<Z

RIGHT TO CARRY THE AMERICAN FLAG,
BUT HER SEIzgsE NOT JUsTHIEp.-T
following is the opinion OF Attorney
General Williams in the Virginius case:
DEPARTMENT OF JUSTICE,
WASHINGTON, December II, 1873.
Hon. Hamilton Fish, Secretary ~
.State-SIR: have the honor to ack now.
ledge the receipt Of yonr letter of the
llth instant. submitting to mo n large
number of documents aud dispositions,
aud asking my opiuion as to whether or
not the Virginius, at the lime Of Ler
capture, by the Spanish mau.o of-wer
Tornado, was entitled TO carry the flag
Of the United States. aud whether or
not she was carrying it improperly AID
without right at tho time.
These questions arise under the prot:
col Of the 20th uitimo between the Sp:-
nish Minister aud Secretary ui Sn;c,
in which, amoug other things. II Is
agreed thai on the 2Gth instant Spain
shall salute the Gag Of the United States;
but it is further provided, thatif Spain
shon!d prove to the suti faction oi the
United States that the Virginius was
not eutitled to carry the flag of the
United States. and was Carrying it 1T
the time Of her capture without right
and improperly, the salute will be epon.
taneously dispensed with. as in such
case not being necessarily r,qnirable;
but the United States will expect in snch
case disclaimer of the inteut of iu-
dignity to its flag in the act which was
committed. Section l OF the Act If
December 81, 1892. provides that ships
or vessels registered pursuau. to- such
Act. aud no other, except such us shall
/ I,e< 1nlu
carrying on tho coasting trade, aud de.
nominated or deemed ships or vessels OF
the United Stutcs, are entitled to the
benefits and privileges appertaining to
such ships. Seotiun of the same Act
provides for an oath by which, among
other things, TO obtain the registry of
vessel. Tbe owner is required to swear
that there is no subject or oitizsn Of any
rectiy, by way OF trust, confidence, or
otherwise interested in suoh ship or yes.
sci. or in the profits or issues thereof
Obviously, therefore. no vessel in which
foreigner is directly or indirectly ;ato.
rested is entitled to a United States
registry. and if one is obtained by "a
false oath al to that point. and the TACT
ls the vessel il owned or partly owned
vessel OF the United States, or entitled
to the benefits or privileges uppe,tain-
ing to such vessels.
York Oh the 26th Of September, 1870,
IN the name of Patterson, who made
oath as required by the law, but deposit
tions abundantly show that in fact Pat.
telson was not the owner ut the time,
Nh hat
certain Cuban citizens in New York,
who furnished the necessary fund. for
her purchase. j. E. Shepherd, who
commanded said vessel when she left
New York, with a certificate OF her
register in the name of Patterson,
| testified positively that he entered into
an agreement to command the said YES.
sci, at an interview bstween Quesada,
Mora. Patterson and others, at which it
was distinctly upderstood that the Vir.
ginius belonged - Qnesada. Mora aud
other Cubuns, and he said Mora exhibit
ed to him receipts for the purchase
| money, and Tor the repRtrs aud supplies
upon the said vessel, ani explaining to
him how the said funds wero raised
among the CHbaus in New York.
Adolpho de Varpna. who was the Score.
tary OF the Cuban mission in New York.
at the time the Virginius was purch ased,
and afterwards sailed in her as Quesada's 's
chief of staff. testifies that be was ao.
quainted with all the details of the
transaction, and knows that the V.r-
ginips was pnrchased with the Iuuds Of
the Cubans, and with the understanding
and arrangement that Patterson should
appear as the nominal owner, because
foreigners could not obtain United
States register for the vessel Francis
Bowen, Charles Small, Ed. Greenwood,
John Mccain. Matthew Murphy, Am.
brose Rawlings. Thomas Gallagher,
John Furlong, Thomas Anderson and
George Miller, who were employed upon
the Virginius in various capacities after
she was registered in tho name of Pat
terson, testify clearly 10 the effect that
they were informed. and understood
while upon the vessel. that she belonged
to Quesada aud the Cubans represented
by him, and that he navigated, con-
trolled and treated such vessel in all re-
spects as though it was his property.
Nothing appears to weaken the force
OF the testimony, though the witnesses
were generally subjected to oross.exami-
nation; but, on the contrary, all the
circumstances OF the case tend to its
Inorr0IyprntiOp VIA, H. ...t.