Dodgeville chronicle. [volume] (Dodgeville, Wis.) 1862-current, 1874-01-09
The Presidents Message Relating to
the Virginius Question.
WASHINGTON. January


The President to-day sent the following
message to the Senate and House of Rep
| resentatives:
In my annual message of December last
gave reason to expect that when q full and
accurate text of the correspondence relating
10 the steamer ,Virgnius, which had been tel
egraphed in cypher should tR received, the
papers concerning the capture of the vessel,
the execution of part of its passengers and
crew, and the restoration of the ship and sur
vivors would be transmitted to Congress. In
compliance with the expectations then held
out, now transmit the papers and correspon-
dence on that subject.
On the 26th of September, 1870, the Virgin
ius 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 the said vessel, and that there was
no subject or citizen of any foreign prince or
State directly or indirectly, by way of trust,
confidence, or otherwise, interested therein.
Having complied with the requisites in
the statute in that behalf, she
| cleared in the usual way for the port of
Curacao, and on or about the 4th of October,
1870, sailed for that port. 1t is now disputed
that she made the voyage according to her
clearance. 1t is also claimed that from that
day to this she has not returned within the
territorial jurisdiction of the United States. It
is also understood that she preserved her
American papers, and that when within f,u eign
ports she made a practice of putting forth a
claim to American nationality, which was rec
ogniZed by the authorities at such ports.
When, therefore, she left th% 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 it's pro-
lection as enjoyed by all regularly documented
vessels registered as part Of our commercial
marine. No state of war existed conferring
upon maritime powers the right to molest
and detain upon the high seas a documented
vessel, and it cannot be pretended that the
Virginius had placed herself without the pale
of the law by acts of piracy against the human
| race. If her papers were irregular or fraudu-
lent, the OffenSe was one against the laws of
the United States, justfable only in their tri-
bunals. When, therefore, it became known
that the Virgnius had been captured on the
| high seas by a Spanish man-of- war, that the
| American flag had been hauled down by the
capto1s, that the V ssel had been carried to a
| Spanish port, and that Spanish tribunals were
| taking jurisdiction over the persons of those
found on her, and exercising that jurisdiction
| upon American citizens, not only in VIOLA
| tion of International law but in controver-
| sion of the provisions of the treaty of 1895,
| / 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 offend
| ing parties. The principles upon which these
| demands rested could not be seriously ques-
toned, but it was suggested by the Spanish
| Government that there were grave doubts as
| to 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
| survivors, to dispense with the salute to the
| r1flh nc ha tno1 1ich fhAi1
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 agree
ment to be made that, should it be shown to
that the Virginius was improperly
carrying the flag, proceedings should be
| instituted Ill our courts for the punishment of
| the oftense committed against the United
States. On her part Spain undertook to pro-
ceed against those who had offended the sov-
erelgnty OF the United States, or who had vio-
lated their treaty rights. This surrender of
the vessel and the survivors to the jurisdiction
| or the tribunals of the United States was an
admission of the principles on which our de-
mand had been founded. | therefore had no
| nesltatlon in agreeing to the arrangement
nnally made between the two goyernm ents,
! an arrangement which was moderate and Just,
|
which have so long existed between Spain and
me United States. Under this agreement the
The Virginius, with the American flag flying,
was delivered to the navy of the United States
at Bahia Honda, in the Island
of Cuba, on the 10th ult. She was in an un-
seaworJhy condition. On the passage to New
| York she encountered one of the most tempes
tous of our winter storms. At the risk of
their lives the officers and crew placed in
charge OF her attempted to keep her afoat;
/ but their efforts were unavaiipg, and she
sunk off Cape Fear. The prisoners who sur
yived the massacre were surrendered at Santi-
ago 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 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 thereon, and copy of the
uote of the Spanish Minister, expressing on
behalf of his Government a disclaimer of any
intent of indignity to the flag of the United
| States. Z. S. GRANT.