Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1874-01-06
THE VRGINIUS.
The Full Correspondence Laid
before Congress.
The Original Demand of Fish,
Which He Didn't Get.
Duplicity of the CASTELAR, Concerr

Duplicity of the CASTELAR, Concern
How Sickles Got into Trouble
Following Instructions
And was Finally Left In the Lurch
Presidential Message.
WASHINGTON, Jan. 5.-The Presiden
to-day sent the following message to tn.
Senate and House of Representatives:
In my inaugural message of December
last L gave reason to expect that when the
full and accurate text of thecorrespondenet
relating to the steamer Virginius which haC
| been telegraphed in cypher should be re
celved, the papers concerning the capture o
the vessel, the execution of a part OF its
passengers and crew, and the restoration Of
the ship and survivors, would be transmit
ted to Congress. In compliance with the
expectations then held out, now transmit
the papers and correspondence on the sub
ject.
On the 26th of September, 1870, the Vir-
ginius was registered in the custom house
at New York as the property Of a citizen OF
the United States, he having first made the
oath required by law that he was the true
and only owner of said vessel, and that
there was no subject or citizen of any
foreign Prince or State directly or indi-
rectly by way Of trust, confidence or other
wise, interested therein. Having complied
with the requisites of the statute in that be
half she cleared in the usual way for the
port of CurocOa, land on or about the 4th OF
October, 1870, sailed for that port. 1t is
not disputed that she made the voyage ac-
cOrding to her clearance, nor that from that
day to this she has not returned within the
territorial jurisdiction of the United States.
1t is also understood that she preserved her
American papers and that when within
foreign ports she made practice of putting
forth a claim to American nationality.
which was recognized by the authorities at
such ports.
When therefore she left the port of King
stOn in October last under the flag of the
United States she would appear to have had
as against all powers except the United
States, the right to fly that flag and to
claim its protection as enjoyed by all regl-
lar dOcumented vessels registered as a part
of our commercial marine. No state OF
war existed comforting upon maratime pow
ers, the right TO mOlest and retain upon the
seas dOcmented vessel, and it cannot be
pretended that the Virginius had placed
herself without the pale Of law by acts OF
piracy against the human race. If her pa
pers were irregular or fraudulent, the Offense
was against the laws of the United States,
jnStifiable only in their tribunals.
When, therefore it became known that
the Virginius lad been captured on the
high seas by Spanish man-Of-war, that the
American flag had been hauled down by
the captOrs, that the vessel had been hur-
ried to a Spanish port and that Spanish
tribunals were taking jurisdiction over the
persons of those found in her and exercis-
ing that jurisdiction upon American citi-
zens, not only in violation of international
law but in eontrayention of the provisions
of the treaty of 1875, directed a demand
to be made upon Spain for the restoration
of the vessel and for the return of the sur
vivors To the protection of the United
States, for salute to the flag, and for the
punishment of the offending parties.
The principles on which these demands
rested cOuldinOt be seriously questioned,
but it was suggested by the Spanish gov
ernment that there were grave doubts
whether the Virginius was entitled to the
character given her by her papers and that
therefore it might be proper for the United
States after the surrender of the vessel and
her survivors to dispense with the salute to
the fac, should such facts be established to
their satisfaction. This seemed to be
reasonable and Just. / therefore asSented
to it on the assurance that Spain would
then declare that no insult to the FLAG of
the United States had been intended. |
also authorized an agreement to be made
that, should il be shown to the satisfaction
of this Government that the VirginiuS was
improperly bearing the FLAG, proceedings
should be instituted in our courts for the
ofiense committed against the United
States.
On her part, Spain undertook to proceed
against those who had offended the sOye-
reignty of the United States, or who had
violated their treaty rights. The surrender
of vessel and survivors to the jurisdiction
and tribunal of the United States was an
admission of the principles on which our
demand had been founded. l therefore had
no hesitation in agreeing to the arrange
ment finally made between the two gov
ernments, an arrangement which was mod
crate and just and calculated TO cement the
good relations which have so long existed
between Spain and the United States.
Under this agreement the VirginiuS with
the American flag flying was delivered to
the Navy of the United States at Bahia
Honda on the Island of Cuba, on the 10th
ult. She was in an unseawOrthy condition.
On the passage to New York she en-
cOuntered one of the most tempeStuOus of
our winter storms. The officers and crew
placed in charge of her attempted to keep
her otlOat. Their efforts were unavailing,
and she sunk OFF Cape Fear. The prisoners
who survived the massacre were surrendered
at Santiago de Cuba on the 18th ult., and
reached the port of New York in safety.
The evidence submitted on the part of
Spain to establish the fact that the Virgin
ius, at the time Of her capture was improp-
erly bearing the flag of the United States,
is transmitted herewith, together with the
opinion of the Attorney General thereon,
and copy of a note Of the Spanish Minis
ter, expressing, on behalf of his government,
a disclaimer of any intent of indignity to
the flag or the United States.
L. S. GRANT,
The Correspondence
is very luminous, and contains the follow
ing features: On the 9th of November Gen.
Sickles telegaphed Secretary Fish that the
Virginius had been captured six miles
from Jamaica; Gen. Ryan, Capt. Fry, and
two others executed, and that the Captain
General had been ordered, on Sicllles' sug-
geStiOn, to await orders. The Sec
retary telegTaphed Sickles in reply that the
summary proceedings demanded investiga-
Uion as inhrIman, aud that reparation will
be required if American citizens have
been wrOngfully executed.
After further correspondence, Fish tele-
gTaphed Sickles rs follows:
ssAccOunts have been received from Ha