Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1874-01-01
Attorney -General Williams opinion
Regarding the firSiniUs.
WASHINGTON. December :.

/
WASHINGTON, December -.
The following is the opinion OF Attorney
! General Williams in the Virginius case:
| DEPARTMENT OF JUSTICE,
WASHINGTON, December T. !
! The Hon Hamilton Fish, Secretary of State:
SIR | have the honor to acknowledge the
| receipt Of your letter Of the 18th inst, sub
hitting to me large number Of documents
| and dispositions, ana asking for my opinion
| as to whether or not the Firginius at the time
Of her capture by the Spanish man-of-war
! Tornado was entitled to carry the flag of the
| United States and whether Ornot she was car
| rymg it improperly and without right at that
! time These questions arise under the proto-
! col of the 29th uitimO between the Spanish
! Minister and the Secretary Of State, in which,
! among other things it was agreed To that on
the 18th inst. Spain shall salute the flag of the
| United States; but it is further provided that
! if Spain should prove to the satisfaction of
| the United States that the Nirginius was not
entitled to carry the flag of the United States,
and was carrying 1t at the time of her capture
without right and improperly, the salute will
| be dispensed with, as in such case II not being
necessarily reputable, but the United States
will expect in such case q disclaimer of in
tent of mdguity to its flag in the act which
was committed.
Section Of the act of December 81, 1892,
provides that ships or vessels registered pur-
suant to such act, and no other except such
as shah be duly qualified according to law for
carrying on q ooasting trade, and dcnomin-
ated or deGTnt. SHIPS or vessels of the United
States, shall be entitled to the benefit and
privileges appertaiuing to such ships. Sec
ton of the same act provides for M oath 10y
which, among other things, to Obtain registry
of a vessel, the owner is required 10 answer
that there is not subject or citizen of any
Il mr.
by way of trust, confidence, or otherwise, IN
tercsted in such ship or vessel, or in the
profits or issues thereof Obviously, there
fore no vessel in which y foreigner is directly
or indirectly interested is entitled to United
States registry, and if one is obtained by
false oath as to that point, and the fact Is
that the vessel is owned or partly owned by
foreigners, she cannot be deemed 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 26th of September, 1870, in the name
OF Patterson, who made oath as required Toy
law; but dispositions submitted ahuudantIy
show that in fact Patterson was not the owner
at that time, but that the vessel was the prop
crty Of certain Cuban citizens in New York,
VINO furnished the necessary funds for her pur-
chase. j. h. Shepherd, who commanded the
said vessel when she left New York with a
certificate of her register in the name of Pat
terson, testified positively that he entered INTO
an agreement to command said vessel at an
interview between Quesada, Mora, Patterson,
aud Others at which it was distinctly under
stood that the Nirgiuus belonged 10 Qucsuda,
Mora and other Cubdns, and that said Mora
exhibited 70 him receipts for the purchase
money aud for repairs aud supplies upon SAID
steamer, and explained to him how the said
funds were raised among Cuhans in New York.