Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1874-01-09
THE vIRGlNIUs AFFAIR.
President Grants Message 20 Congress
Relating 20 the Vfrginius
Controversy.

The President, on the 5th, sent the follow.
ing message TO the Senate and House of Rep.
resentatives
In my annual message of December last, ]
| gave reason TO expect that when the full and
accurate text of the correspondence relating
to the steamer Virginius, which had been tel
| egraphed in cipher, should be received, the
papers concerning the capture Of the vessel,
execution of part OF its passengers and crew,
and restoration Of ship and survivors would
be transmitted to Congress. In compliance
with expectations then held out, / now trans
init the papers and correspondence 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 citizen of the
United States, he having first made the oath
required by law that he was the true and only
owner Of said property, 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, and
that from that day to this she has not returned
within the territorial jurisdiction of the United
States. 1t Is also understood that she pre-
served her American papers, and that when
within foreign ports she made the practice of
putting forth claim to American national
lty, which was recognized by the authorities
at such ports. When, therefore, she left the
port of Kingston In October last, under the
nag 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 regular
ly documented vessels registered as part Of our
commercial marine. No state of war existed
comforting upon the maritime powers the right
to molest and dctain upon the high seas doc
umented vessel, and it cannot be pretended
that the Virginlus had placed herself without
the pale of law by acts of piracy against the
human race. II her papers were irregular or
fraudulent the offense was one against the laws
of the United States, justifable only in their
tribunals. When, therefore, it became known
that the Virginius had 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 carried to a
Spanish port and that the Spanish tribunals
were taking jurisdiction over the persons of
those found on her, and exercising that juris
diction upon American citizens, not only in vio-
latlon OF lnternatlonallaw, but in contravention
OF the provisions of the treaty of 1795, / d.
rected demand to be made upon Spain for
the restoration of the vessel and for the return
OF the survivors to the protection of the
United States; for salute to the flag and for
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 Virgin
ius was entitled to the character given her by
her papers, and that, therefore it might be
proper for the United States after the surren-
der Of the vessel and 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. i therefore assented TO ii 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
the satisfaction of this Government that the
Virginius was improperly bearing the flag,
proceedings should be institutedin our courts
for the punishment of the offense committed
against the United States. On her part,
Spain undertook to proceed against those
who had offended the sovereignty of the
United States, or who had violated their treaty
rights.
Their surrender of the vessel and sur
vivors to the jurisdiction of the tribunals
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 arrangement finally made be-
tween the two Governments, an arrangement
which was moderate 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, in the Island of Cuba, on the 10th ult.
She was in an unseaworthy condition. In the
passage to New York she encountered 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
afloat. Their efforts were unavailing, and she
sunk OF Cape Fear.
hn Nric rlnn fun1 tha
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 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
note of the Spanish Minister, expressing, on
behalf of his Government, a disclaimer of any
intent of ndignity to the flag of the United
States. (Signed) U. s. GRANT.