New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-01-06
WHOLE NUMBER 2O7I.

was the true and only owner of the said
| vessel, aud that there was no subject or
| citizen of any foreign prince or state direct
| ly or indirectly, by way of trust, confidence
| or otherwise, interested therein.
Having complied with the requisites
| of the statute in that behalf she cleared in
in the usual way tor the port of Curacao,
and on or about the fourth day of October,
1870, sailed tor that port It is not dlsputeC
that she made the voyage according 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 the practice of put
ting forth claim to American nationality,
which was recognized by the authorities at
such ports. When, therefore, she left the
port of Kingston, 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 regularly documented ves-
sells registered as part of our commercial
marine. No state of war exiSted conterring
upon maritime power the right to molest
aud detain upon the high seas documented
vessel, and it can not be pretended that the
Virginius had placed herself without the
pale of law by acts OF piracy against the
human race.
II her papers were irregular or fraudu-
lent, the Otfense was one against the laws
of the United States, and justiiable only in
their tribunals. When therefore it became
known that the Virginius had been captured
on the high seas by a Spanish man of-war.
that the American flag had been hauled
down by the captOrs, that the vessel had
| been carried to Spanish port, aLa that
Spanish tribunals were taking jurisdiction
over the persons of those found on her, and
exercising that jurisdiction upon American
citizens not only in violation of inter
| national law. but in contraventiOn of
| the provisions of the treaty Of 1875.
l directed demand to be made upon
| Spain for the restoration of the vessel and
! for the return of the survivors to the pro-
| lection of the United States, for salute to
| the flag, and for the punishment of the
offending parties. The principles upon
which these demands rested could not be
seriously questioned but it was suggested
by the Spanish government that there were
| grave doubts whether the Virginus was en-,
titled to the character given her by her
papers, and that therefore it might be
| proper for the United States, after the sur
| render of the vessel and the survivors. to
dispense with the salute to the flag should
such facts be established to their satisfac-
ton.
This seemed to be reasonable and just. L.
| therefore, assented to it on the assurance
| that Spain would then declare that no in
| suit to the flag of the United States had
| been intended. also authorized an agree
| ment to be made that should it be shown to
| the satisfaction of this government that the
| Virginius was improperly bearing the flag
| proceedings. should be instituted in our
| courts tor the punishment of the Otfense
| cOmusitted against the United States. On
| her part Spain undertook to proceed against
| those who had offended against the sOve-
reignty of the United States, or who had
| violated their treaty rights.
The surrender OF the vessel and the sur
| vivors to the jurisdiction of the tribunals of
| the United States, was an admission of the
| principles upon which our demand had
| been founded; l, therefore, had no hesita-
| tiOn in agreeing to the arrangement finally
made between the two gOvernments-an
| arrangement which was moder ate and just,
| and calculated to cement the good rela-
| tions which have so long existed between
| Spain and the United States. Under this
| agreement, the Virginins, with the Ameri-
can flag flying, was delivered to the navy
| of the United States, at Bahia Honda, in
| the island of Cuba, on the sixteenth ultimo
| She was in an unseawOrthy condition.
! In the passage to New York she encoun-
tered one of the most tempestuous OF our
winter storms. At the risk of their lives
the officers and crew placed in charge Of
her attempted to keep her atloat Their
| efforts were unavailing, and she sunk off
| Cape Fears The prisoners who survived
| the massacres were surrendered at Santiago
| dc Cuba on the eighteenth ultimo and
reached the port of New York in safety.
| The evidence submitted on the part OF
| Spain to establish the fact that the Virginius
| at the time of her capture was improperly
| bearing the flag of the United States is
transmitted herewith, together with the
opinion of the Attorney General therein,
! and a copy of the note of the Spanish min
lister, expressing on behalf of his govern
| mept disclaimer of any intent Of indignity
80 :he flag of the United States.
u S. GRANT