Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1874-01-15
The Virginius Affair-Message Of Presi.
dent Grant.

The President, on the 9Th inst.
transmitted the following message to
Congress
In my annual message of December
last, / gave reason to expect that when
the full and accurate text of the CORE
spendence relating to the steamer Vir-
ginius, which had been telegraphed 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 sur
vivors would be transmitted to Congress.
In compliance with the expectations then
held out, / now transmit the papers and
correspondence ON that subject.
On the Goth of September, 1870, the
Virgipius was registered in the Custom
House at New York, as the property of
a citizen of the United States, he hav-
ing first made the oath required by law
thathe was the true and only ownerof 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 there
in. Having complied with the requi-
sites 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 juris-
diction 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 claim to American ma
tionality, which was recognized by the
authorities at such ports. When, there
fore, she left the 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 its protection, as enjoined
by all regularly documented vessels reg
istered as part of our commercial ma
rine. No state of war existed confer
ring upon the maritime powers the
right to modest and detain upon the
high seas a documented vessel, and it
cannot be pretended that the Virginius
had placed herself without the pale of
law by acts of piracy against the human
race. If her papers were irregular or
fraudulent the offense was one against
thelaws of the United States, justifable
only in their tribunals. When, there
fore, it became known that the Virgin
ius 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 :. Spanish port, and that the
Spanish tribunals were taking jurisdic-
ton over the persons of those found on
her, and exercising that jurisdic-
ton ON American citizens, not only
in violation of international law, but In
contravention of the provisions of the
treaty of 1875, directed a 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
the punishment of the offending
parties. The principles upon which
these demands rested could not be
seriously questioned, hut it was sug-
gested by the Spanish Government that
there were grave doubts 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 of the flag should such facts
established to their satisfaction. This
seemed to be reasonable and Just. l
therefore assented 10 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 agreement to be made that, should it
be shown to the satisfaction of this
Government that the Virgih.us was i'm
properly bearing the flag, proceedings
should be instituted in our courts for
the punishment of the offense commit
ted 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 survivors to the jurisdiction
of the tribunals of the United |
States was an admission of the |
principles ON which our demand |
had been founded. I therefore had no |
hesitation in agreeing to the arrange
ment finally made between 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
lying, was delivered to the navy of the |
United States at Bahia Honda, in the |
Island of Cuba, on the 18th ult. She |
was in an unseaworthy condition. In
the passage to New York she encoun-
tered 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
ahoat. Their efforts were unavailing,
and she sank off Cape Fear. The pris-
oners who survived the massacre 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, |