Evening star. [volume] (Washington, D.C.) 1854-1972, 1873-12-22

The Vessel not Eatitlcd tO Carry the
American COiors.
But Spain has no Right TO Interfere
with her ON the High Seas.

/ NON. ffdHfttOg asa. NcCrttdTV 81 State
SIR: l have the honor to scknowled tn
receipt of your letter of the l1th inst, submit
u & TO me LARGE number o. documents AMI
drpositions, and asking for my opinion as o.
whether or not the Nirginius at the time of her
capture by the Spanish man off, war Tornsi
was ent tied TO carry the flag of the United
Stltes, and whether or not she WAS carrying it
improperly and without right Al that time.
Tbs question arises under the protocol of the
29th ult., between the Spanish Minister and the
secretary of State, in which among other thing
1t is agr cd that on the 18th instant Spain shall
salute the flag OF the United States. But it t.
further provided that "if Spain should prove to
the satisfaction OF the United States that the
Nrginus not entitled to carry the II of the
United States, and was carrying il at the time OF
the capture without right and improper the
salute Will be spontaneously dispensed with, a.
in such case not being necessarily reputable,
but the United States will expect in such else
disclaimer of the interest of indiguity to Its
flag in the act which was committed"
Section of the act of December 3Ist, 1872,
provides that ships0r vessels registered pursuant
to such act, "and TO other, except such as shall
be duly qualified, according to law, for carrying
on the coasting trade. and denominated ard
deemed ships or vessels of the United States,
entitled to the benefits and privileges apper
tanning to such ships" Section Of the same
Act provides for an oath by which, among other
owner is required to swear ''that there is no
subject or citizen of any foreign prince or state
directly or indirectly, by way Of trust, cont
dence, or otbe rwse, interested in such ship or
obviously, therefore, no vessel in which for
eigner Is directly or indirectly interested is en-
Titled to United Stats registry; and if one is
obtained by false oath as to that point, and the
fact is that the vessel is owned or partly owned
by foreigners, she cannot be deemed q vessel OF
the United States, or entitled to the benefits OF
privileges appertaining to such vessels.
The Nirgnius was registered in New York on
the 10Th OF September, 1870, IN the rsme of
Patterson, Who made oath as required by law,
but the del )sitions submitted abundantly show
that in fact Patterson. the "A a
time, but that the vessel was the property OF
certain Cuban citizens in New York who fur
Disbed the necessary fund for her puIch ase
j. Z. Shepherd who commanded sad vessel
when she left New York with a certificate OF
her register in the name of Patterson, testi6es
positively that he entered into an agreement to
command said vessel at an interview between
Quesaca, Mora, Patterson, and Others at
which 1T was distinctly understood that the
Nirginius belonged to Quesads, Mora, and
other Cubans, and that the said Mora exhibited
TO him receipts for the purchase money and for
the repairs and supplies upon said steamer,
and explained to him how said funds were
raised among the Cubans in New York.
Alphonse de Narona, who was the secretary
OF the Cuban mission in New York at the time
the tirginius was purchased, and afterwards
tailed in her as CUES ldas chief of staff, test
hes that he was acquainted with az the details
OF the transaction. and knows that the Virgin
Jus was purchased with the funds of the Cubars
ard with the understanding and arrangement
that Patterson should appear as the nominal
owner, because foreigners could not obtain a
United States register for the vessel.
Francis Bowen, Charles Smith, Edward
Ambrose Rawlings, Thomas Gallagher, ,johu
FurloDg, Thomas Anderson and Geo. w. Wal
Ter. who were employed upon the Vrginius in
var CAPACITIES after she was registered in
effect that they were informed and understood
while they were upon the vessel that she be-
loDged to Quesada and the Cussns represented
by him, and that he nav gated. controlled and
treated such vessel in all respects as though IL
was his property.
Nothing appears to weaken the force of thi
testimony, though the witnesses were generally
suhiected 10 cross-eSaminstion, but on the com
IA. all the circums 'anccs of the case teri 10
ITS confederation. With the oath for registry
tue So itufs requires bord TO be gwen signed
blythe owner, Iptain, and one or more suret IS
but the. e were TO sIret as upon the bond ri ven
by Patterson ard Shepherd. Pains have en-
taken TO as erta'n IT there was any insurance
on the We ell, but ros1i's, of the kind hss been
fund. And Qgeslda, Var0us and the other
Cuhans who took passage upon the Virginius
instead of going on board at the wharf in the
usual way, went ab0 ard off tug after the yeS-
sci had lett the harbor of New York.
cannot do O. herwise than to hold, upon this
evidence, that Pattercon's oath was false, and
that the registry obtained in his name was a
States.
Assuming the question to be what appears
whether or not the Virginius at the time of her
capture had right, as against the United
States, to carry the American flag.
am of the opinion that she had no such
right, because she had not been registered ac-
coIding to law, but am also of the opinion that
she was as much exempt from interference on
the high seas by another power, on that ground,
as though she had been lawfully registered.
Spain, no doubt. has a right to capture a vessel
with an American register and carrying the
American flag, found in her own waters, assist
ing, or endeavorng to assist, the instruction in
Cuba; but she has no right to capture such
vessel on the high seas upon an apprehension
that, in violation of the neutrality or navigation
laws OF the United States, she was on her way to
assist eaid rebellion. Spein NAV defend her ter
ritory and people from the hostile attack of what
is, or appears to be, an American vessel; but
she has 10 jurisdiction whatever over the ques-
ton as to whether or not such vessel is on the
high seas in violation of any law of the United
States. Spain cannot rightfulIy raise that aues-
ton as to the Nirginius, but the United States
may, and. rs understand the protocol, they
have agreed TO do it, and governed by that
agree me mt, and without admitting that Spain
would otherwise have any interest in the ques-
ton, decide that the Virginius at the time OF
carrying the American flag.
Very respectfully your obedient servant,
GEO. III. WILLIAMS, Attorney General.
A SERIOUS ELECTION RIOT IN MArAxoEAs-
Ciril War Thredtened.-A dispatch from Msta-
moras, dated Yesterday, says Sc At an early
with the partlzaps of Gen. Cortina and John
Trevino CraDalcs, rival candidates for mayor.
Several hundred men, headed by q band OF
music, congregated in the pla "a in front Of the
city baN where the return judges we're to meet
TO count the votes. About II O'Clock the pres
ent mayor attic mpted to leave the city hall with
the returns without announcing the result,
when general fight ensued in which several
hundred shots were fired. wounding the mayor
and six policemen. Eight of Cortina's band
were carried Off badly wounded. The govern.
meDt troops, several hundred strong, under
Col. CrcstO, entered the plaza and planted sew
ersl pieces Of artillery, covering the square,
when the comb ltaDfs retired towards the out
skirts Of the city The federal troops now hold
the plaza, and the streets are comparatively
quiet. Another attack 10 anticipated tonight,
against which every precaution Is being taken"
LAReI SALE OF COAL LAHps.-The Mauch
Chunk penny Coal Gazette OF the 10Th inst
says: "On Thursday 1t was announded that the
Lehigh Coal And Navigation had told all their
Newport and Narrower coal lands and their
leaxs ct Plymouth to the Honey Brook Coal
Company, which 10 controlled by the Central
Railroad. We are not able to give the figures
OF cially, but we sre reliably Informed thai
-, 750, 0C0 is the price ped. This sum will pay
the fcafiBs debt Of the company and leave
large enough surplus in the treasury to pay 9
ten per cent. div dend next MAY. Some six
thousand scres In Zee of co Al lands are include
In the purchase, to saw nothing Of tho Plymouth
property. Owing TO the fact that the Central
Railroad OF New Jersey has the best facilities
for carrying coal from the Wyoming region. this