The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1874-01-08
Attorney.General Williams Opinion
Regarding the Virginius.

WASHINGTON. December q.
The following is the opinion Of Attor.
ney-General Williams in the Virginius
case:
DEPARTMENT OF JUSTICE,
WASHINGTON, December II.
The Hon. Hamilton Fish, Secretary Of State:
Sir: have the honor to acknowledge the
receipt of your letter of the 18th inst, submit
ting to ME large number of documents and
dispositions, and asking for my opinion as to
whether or not the Virginius at the time of
her capture by the Spanish man of-war Tor
nado was entitled to carry the flag of the
United States, and whether or not she was
carrying it improperly and without right at
that time. These questions arise under the
protocol of the Goth ultimo between the Span
ish Minister and the Secretary of State, in
that on the 25th inst. Spain shall salute the
flag of the United States; but it is further
provided that if Spain shall prove to the salts
faction of the United States that the Virgin
JUS was not entitled to carry the flag of the
United States, and was carrying it at the time
the salute will be dispensed with, as in such
case it not being necessarily reputable, but
the United States will expect in such case
disclaimer of intent of indignity to its flag in
the act which was committed.
Section of the act of Dec. 81, 1872, pro-
Hloes that sutps Ut vessels registered pursuant
to such act, aud no other except such as shall
be duly qualified according to law for carrying
ON the coasting trade, and denominated or
deemed ships or vessels of the United States,
shall be entitled to the benefit and privileges
appertaining to such ships. Section of the
same act provides for an oath, by which,
amongo her things, to obtain registry Of YES
sci, the owner is required to answer that there
is not subject or citizen of any foreign
prince or State directly or indirectly, by way
of trust, confidence, or otherwise, interested
in such ship or vessel, or in the profits or is
sues thereof. Obviously, therefore, no vessel
in which a foreigner is directly or indirectly
try, and if one is obtained by false oath as to
that point, and the fact is that the vessel is
owned by foreigners, she cannot be deemed a
vessel of the United States, nor entitled to
the benefits or privileges appertaining to such
vessels.
The Virginius was registered in New York
on the Goth of September, 1870, in the name of
Patterson, who made oath as required by law;
but dispositions submitted abundantly show
that in fact Patterson was not the owner at
that time, but that the vessel was the property
of certain Cuban citizens in New York, who
furnished the necessary funds for her pur-
chase. j. E. Shepherd, who commanded the
said vessel when she left New York with
certificate of her register in the name of Pat
terson, testified positively that he entered into
an agreement to command said vessel ut an
interview between Qucsada, Msra, Patterson,
and others, at which it was distinctly under
stood that the Virginius belonged to Quesada,
hibited to him receipts for the purchase money
and tor repairs and supplies upon said steamer,
and explained to him how the said funds
were raised among Cubans in New York.
AdOlphO de Varona, who was Secretary of
the Cuban mission in New York at the
time the Virginius was purchased, and after
ward sailed in her as Quesada's Chief of
Staff, testities that he was acquainted with all
the details of the transactions, and knows
that the Virginius was purchased with the
| funds of Cubans, and with the understanding
and arrangement that Patterson should APP
pear as the nominal owner, because foreigners
could not obtain United States register for
a vessel. Francis Bowen, Charles Smith, Ed
| ward Greenwood, John Mccain, Mathew
Murphy, Ambrose Rawlings, Thomas Gala
CHER, John Furlong, Thomas Anderson and
George W. Miller, who were employed upon
the Virginius in various capacities after she
was registered in the name Of Patterson, ties.
tify clearly to the effect that they were in
formed, and understood while they were upon
the vessel, that she belonged to Quesada and
Cubans represented by him, and that he navi-
gated, controlled and treated such vessel In all
respects as though it was his property.
Nothing appears to weaken the force Of this
| teSumOny, tnOugn tue Witnesses were gener-
ally subjected to cross examination: but, on
the contrary, all the circumstances of the case
tend to its Confederation. With the oath for
registry the statute requires bond to be
given, signed by the owner, Captain, and one
or more suretics; but there are no
sureties upon the bond given by Pat
terson and Shepherd. Pains have been taken
to ascertain IL there was any insurance upon
the vessel, but nothing Of the kind has been
found; and Quesada, Varona, and other
Cubans who took passage upon the vir-
wharf in the usual way, went aboard of q tug
after the vessel had left the harbor Of New
York.
l cannot do otherwise than to hold, upon
this evidence, that Patterson's oath was false,
and that the register obtained in his name was
fraud upon the navigation laws Of the
United States. Assuming the question to be