The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1874-01-06
TIE yIRGINIES.
Special Message by the President
WASHINGTON, January 5.

The President to-day sent to the
Senate and House of Representatives
the following message:
In my annual message OF December
last gave reason to expect that when
the full and accurate text OF the cores
pondence relating to the steamer Vir-
giniua, which bad been telegraphed in
cipher should be received. the papers
concerning the capture Of the vessel,
the execution OF part OF its passengers
and crew ard the restoration OF the
ship and the survivors. would be cent
to Congress. In compliance with the
expectations then held out, now trans
nit the papers and correspondence on
that subject. On the Goth day Of Sep
tember, 1878, the Virginius was regis
tered in the custom house at New York
as the property OF a citizen OF the Unit
ed States, he having first made oath as
required by law that be was "tbe true
and only owner of the said vessel" and
that there was no subject or citizen oil
any foreign prince or state directly or
Indirectly by way OF trust,
confidence or otherwise interested
therein. Having complied with the re-
quisites in that behalf, she cleared in
the usual way for the port OF Curacao,
and on or about the 4th day of October,
1872, sailed for that port. 1t is not dis
puted that she made the voyage ac-
cording to her clearance, and from that
day to this she has not returned with
in the territorial jurisdiction OF the
United States. 1t is also understood
that she preserved her American Ds-
tionality, which was recognized by the
authorities at such ports. When,
therefore, she left the port OF Kingston
iu October last under the flag OF the
United States, she would appear TO
have had, against all powers except
the United States, the right to carry
that flag and to claim its protection as
enjoyed by all regularly documented
vessels registered SIS part of cur
commercial marine. No state OF
war existed couierriDg upon mara
time power, the right 10 molest and de.
tain upon the high sea documented
vessel, and it cannot be pretended that
the Virgipius placed herself
without the pale of law by acts Of piracy
against the human race. So her
papers were irregular or fraudulent and
the offence was against the laws OF the
United States, justifiable only in their
tribunals. When. therefore, it became
known that the Virginius had been
captured on the high .eas by Span
ish man-of-war aud that the American
flag had been hauled down by the
captain and that the vessel had been
carried to a Spanish port and that
Spanish tribunals were taking jurisdie-
ton over the person Of those found on
her, and exercised that jurisdiction over
American citizens not only in violation
of international law, but in contraven-
tion OF the provision OF The treaty OF
1895, directed demand to be made
upon Spain for the restoration OF the
vessel and for the return Of the survi-
vors TO the protection Of the United
States, for a salute 10 the flag and for
the punishment of the offending parties.
The principles upon which these dc.
mands were based could not be serious
" con,roverted, but it was sug-
gested by the Spanish governs
ment that there were grave doubts
that the Virginius was entitled 10 the
character given her by her papers, and
therefore it would be proper for the
United States, after the surrender oil
the vessel and survivors, to dispense
with the salute 10 the flag, should
such facts be established to their sat-
isfactiop.
This seemed TO be reasonable and
Just. therefore assented TO II, on the
assurance that Spain would declare that
no insult to the flag OF the United
States had been intended. | also author
lied an agreement to be made thatiiit
should be sbwon to tie satisfaction OF the
Government, that the Virglnius Was
improperly bearing the flag, proceed
ines should be instituted in our court
for the punishment OF the oflense COM
mitted against the United States, on
her party, for the Spanish Government to
proceed against those who had Offend
ed the United States, or who had vlo-
lated the treatF rights. The surrender
of the Eirgiuius and the survivors 10
the jurisdiction OF the tribunal OF the
United States, was an admission OF
the principals on which our de-
msnd had been founded. | there
fore had no hesitation in agreeing
TO the arrangements made between the
two governments, an agreement wH'ch
was moderate and just aud calculated
to keep the good relations which have
80 long existed between the two govern
ments. Under this agreement, the Vir'
ginius 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 uitimo. She was
in an unseaworthy condition, and on
the passage she foundered in one OF the
most tempestuous OF our winter storms
The officers and crew placed in charge
of her attempted to keep
her afloat at the iisk Of their lives, but
their efforts proved uuavailing and she
sank off Cape Fear. The prisoners
who survived the massacres were sur
rendered at Santiago De Cuba on the
18th ultimo. and reached the port o.
New York IN safety.
The evidence. .su ubmittedon the part OF
Spain to establish the fact that the Ilr-
eiuius at the time OF capture was i'm:
properly bearing the flag of the United
States. is transmitted herewith with
the opinion OF the Attorney General
thereon and copy OF the note OF the
Spanish Minister expressing on behal
Of his government disclaimer o: any