New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-01-06
THE VIKGINIUS.
MESSAGE OF PRESIDENT GRANT.

ACCOUNT OF TIE NEGOTIATIONS WITH sPAIN-THE
SINKING OF THE vIRGINIUs OFF CAPE FEAR.
GENERAL FREES DsPArcH.l
WASHINGTON, Jan. 5.--The President to-day sent
the following message TO the Senate and House OF
Representatives:
In my annual message OF December last, gave
expect that the full and accurate text OF
the correspondence relating to the steamer Vlrginus
(Which had been telegraphed In cipher should be re-
ceved papers concerning the capture OF the vessel
the execution part of its passengers aud crew. and
the restoration ship and the survivors would be
transmitted to Congress. In compliance with the eh
pectations then held out now transmit the papers and
correspondence on that subject.
On the 26h day of September 1870. the vIrGinus was
registered IN the Custom house at New-fork as the
property of citizen OF the United States, he having
first made oath, ~ required by law that he was the
true only OF the said vessel and That there
was no subject citizen OF any foreign prince or stare
directly or indirectly by way OF trust confidence or
other wise interested therein Having compiled win
the requisites Of the statute in that behalf she cleared
in the usual way for the port OF Curacao, and on or
about the 4h OF October 1870, sailed for that port
disputed that sne made the voyage according
to clearance, 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 putting forth clam 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 nag OF the United States she would appear 10
have had against ali powers except the United States,
the right TO fly that flag and to claim ts protection rs
enjoyed by all regularly documented vessels registered
IA part OF our commercial marine. No state OF war
existed comforting upon maritime power the right t.
moiest aud detain upon the high seas documcnted
vessel and 1t cannot be pretended that the Vrginus
had placed herself without the pale OF all law by acts OF
piracy against the human race. II her papers were
irregular fraudulent the oense one against the
laws OF the United States, Justilable only IN their
tribunals.
When, therefore, il became known that the yirgnus
had 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
Spanish port and that Spanish tribunals were taxing
Jurisdiction the persons Of those found her. and
ng Jurisdiction upon American citizens, not
only violation of International law, but in contraycn
ton OF the provisions Of the Treaty OF 1926 directed
demand to be made upon spain for the restoration OF
the vessel aud for the return OF the survivors TO tho
protection OF the United states, for salute ~ the flg
and for the punishment OF the offending parties The
principles upon which these demands rested could not
be seriously questioned; but II was suggested by the
Spanish Government that there were grave doubts
whether the Vrginus entitled TO the character gwen
her by papers aud that therefore, might be proper
aud the SURVIVORS, dispense with the salute 20 the
dag should such facts be established their satisac
ton This seemed to be reasonable and just there
fore assented 70 II the assurance that spain would
then declare that insult 10 the flag Of the United
States had been intended. also authorized agree
ment to be made that should 1t be shown 10 the salts
faction Of this Government that the Yrgnius was in
properly bearing the nag proceei ings should be nst-
tuted IN for the punishment OF the oncnse
committed against the United states. On her part
Spain undertook 10 proceed against those who had
offended the sovereignty OF the United states, or who
had violated their treaty rights. Tue surrender o the
vessel and the survivors TO the jurisdiction OF the
tribunals of the United States admission OF the
principles upon which dema nj had been founded.
therefore ma hesitation In agreeing to the
arrangement which moderate and just. and oslcu
lated cement the good relations which have long
existed between Spain and the Uned States.
Under this agreement the Nirginus, with the Amerl-
can flag flying. delivered TO the navy OF the United
States Bahia Honda ia the Island Of Cuba the 10Th
ult She was ortby condition In the pas
sage TO New York she encountered OF the tenn
pestuous OF Winter storms At the risk OF their
liyes the officers and placed charge OF her at
tempted keep her anoat Their efforts we're unayal
ing aud she sank of Cape Fear. The prisoners who
survived the surrendered at Santiago
Cuba the 18th ult and reached the port OF New
York In safety The evidence submitted the part OF
spain to establish the fact the vrginius, the
time of capture improperly bearing the flag OF
the United States IL transmitted herewith, together
with the opinion Of the Attorney General thereon. aud
copy Of the OF the Spanish Minister expressing
behalf OF his Government disclaimer Of any intent OF
indgnty TO the flag OF the United states. U. g. CRANE