The democrat. [volume] (Weston, W. Va.) 1868-1874, 1874-01-19
The steamer ylrgInius,
Message of President Grant 70 the United
A.l states Congress. ~


states Congress.
WASHINGTON, January 5.-The Presi.
dent to-day sent the following message
to the Senate and House OF Repreben-
tatives: 70 na l4a - 10
In my annual message Of December
last gave reason TO expect that when
Ithe full and accurate text OF the coEres-
pondence relative 10 tho steamer Yir-
ginius, which had been telegraphed in
cipher, should be received, the papers
concerning the capture Of tho vessel,
the execution Of o part OF It's passengers
and crew, and the restoration OF the
ship and the survivors would be trans
mitted TO Congress in compliance with
the expectations then held out. j now
transmit the papers and correspondents
on that subject. Y &
On the twenty.sixth day Of Septem.
Der, 1870, the virginius was registered
in the Custom-house at New York as the
property OF citizen OF the United
States, he having arst made oath as re.
quired by law that he was the true aud
only owner OF the said vessel, and that
there was no subject or citizen OF any
foreign prince or state, directly or indi-
rectly, by way, Of trust, confidence, or
otherwise, interested therein. Having
complied with the requisites OF the
statute in that behalf, she cleared in
the usual way for tho port Of Curacao,
and on or about the fourth day OF Octo.
ber, 1870, sailed for that port. II IL
not disputed that she made the voyage
according to her clearance, nor that
from that day to this she has not re.
turned within the territorial iurisdic.
ton Of the United States, II is also
understood that she preserved her
American papers, and that when within
foreign ports she made the practice OF
putting forth claim to American nation.
ality, which was recognized by tho
authorities OF such ports. ..t lii
When, therefore, she left the port Of
Riu8sten in October last under the lag
OF the United States, she would appear
10 haye had, as against all powers OK
cept the United States, the right 10 aY
that flag and TO claim It's projection Us
enjoyed by all regularly documented
vessels, registered as part Of our COM
mercial marine. No state OF war ex-
listed comforting upon n maritime power
the right 10 molest and detain upon the
high seas documented vessel, and It
cannot bo pretended that the Virgfnius
had placed herself without the pale Of
all law by acts Of piracy against tho
human race. II her papers were irreg-
rilar or fraudulent the oifense was one
against the laws OF the United States,
iustihable only in their tribunals.
When, therefore, 1t became known that
the virginius had been captured on tho
high seas by 70 Spanish man.oi-war, that
the American Hng had been hauled
down by the captors, that the vessel
had been carried 10 Spanish port, and
that Spanish tribunals were taking
jurisdiction over tho persons Of those
found on her and exercising that iuris-
diction upon American citizens, not
only in yfolatian OF international law
but in contravention OF the provisions
Of the treaty Of 1795, I directed n de-
mand to be made upon Spain for the
restoration OF the vessel and for tho re-
turn OF the survivors 10 the protection
Of the United States, for salute to the
flag, and for the punishment Of tho
offending parties.
The principles upon hich these de-
mands rested could not bo seriously
questioned but it was suggested by tho
Spanish Government that there were
grave doubts whether the Yirginius 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 the sur
vivors TO dispense with the salute to the
flag, should such facts be established TO
their satisfaction. This seemed to bo
reasonable and Just! ] therefore as
sented 10 II, on the assurance that Spain
would then declare that no insult TO the
flag OF the United States had been in
tended. also authorized an agree
ment 10 be made that should IL be shown
10 the satisfaction Of this Government
that the Virginius was improperly bear.
ing the flag proceedings should be in
stituted in our courts for the punish-
ment OF the ohense committed against
the United States. On her part, Spain
undertook to proceed against those who
had offended the sovereignty OF tho
United States or who had violated their
treaty rights. The surrendering Of the
vessel and the survivors TO the jurisdic-
tion Of the tribunals Of the United
States was an admission Of the princi-
pies upon which our demand has been
founded. Therefore had no hesitation
in agreeing to the arrangements finally
made between the two governments,
an arrangement which was moderate
;, and Just, and calculated TO cement tho
J good relations which have so long ex.
listed between Spain and tho United
States.
Under this agreement tho Virginins,
with the American flag flying, was de-
livered TO the Nayyof the United States
: at Bahia Hondn, In the Island Of Cuba,
on the 10th ult. - .li it l1
She was in an unseaworthy condition
. in the passage TO New York. She en-
countered one OF the most tempestuous
. Of our winter storms. AT the risk Of
3 their lives the officers and crew placcd
in charge OF her attempted to keep her
n ahoat. Their efforts were unayailing
. and she sunk OF Cape Fear. The pris-
0 oners who survived the massacres were
9 surrendered at Santiago dc Cuba on the
y 18th ult., and reached the port OF New
y York in safety. The evidence sub.
4 mitted on tho part Of Spain TO establish
o the fact that the Virgihius at the time
: Of her capture was Improperly bearing
% the flag Of the United States Is trans
q mitted herewith, together with the