The Fremont weekly journal. [volume] (Fremont, Sandusky County, Ohio) 1867-1877, 1874-01-09
PRESIDENTS MESSAGE.

~ ANokl b4ANlh
In my annual message OF Decem
Der last, l gave reason to expect that /
when the full and accurate text of the |
correspondence relating TO the steam
er Virgihius, which had been tele-
graphed in cypher, should be receiv-
ed, the papers concerning the cap
ture of the vessel, the execution of
q part of its passengers and crew, ard
the restoration of the ship and sur
vivors, would be transmitted to Con-
gress. In compliancc with the ex-
pectatiOns then held out, l now
transmit the papers and correspon-
dence on that subject.
On the Goth of September, 1870,
the Virginius was registered in the
Custom House at New York as the
property of a citizen of the United
States, he having first made oath re
quired by law, that he was the true
and only owner of said vessel and that
there was no subject or citizen of any
foreign prince or state directly or in
directly, by way of trust, confidence,
or otherwise interested therein.
Having complied with the request OF
the statute in that behalf, she cleared
in the usual way for the port of Gu
racoa, and on or about the 4th of DC
tober, 1870, sailed for that port. It
is not disputed that she made the
voyage according to her clearance,
nor that from that day to this she has
not returned within the territorial
| jurisdiction of the United States,
1t is also understood that she pre-
served her American papers and that
when within foreign ports she made
a practice of putting forth claim to
American nationality, which was
recognized by the authorities atsuch
ports. When, therefore, she left the
port of Kingston in October last, un-
der the flag of the United States, she
should appear to have had, as against
ali. powers except the United States,
the right to fly that flag and to claim
its protection AS enjoyed by all regu-
larly documented vessels registered
as a part of our commercial marine.
| No state of war existed comforting
upon a maritime power tue right to
molest and detain upon the high seas
documented vssel, aad 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 we're irregular or
fraudulent, the offence was one
against the laws of the United
States, justifable only in their trib-
unals.
When, therefore, it becomes known
that the Virginius had been captured
on the high seas by Spanish man
| ofwar that the American flag had
been hauled down by the captors;
that the vessel had been carried to
a Spanish port, and that tribunals
were taking Jurisdiction over the per-
sons they found on her, and exer-
| cising that Jurisdiction upon
American citizens not only in viola
tion of international law, but in con-
travention of the provisions of the
treaty of 1875, directed demand
to be made upon Spain for the res
toration of the vessel and for the re-
turn of the survivors to the prOtee-
ton of the UnitedStates; for salute
to the flag, and for the punishment
of the offending parties. The prin-
ciples upon which these demands
rested could not be seriously y ques-
toned, but it was suggested by the
Spanish government that there were
grave doubts whether the Virginius
was entitled to the charter 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 a salute of the flag, should such
facts be established to their salts
faction. This seemed to be reason
able and just. l therefore assented
to it on the assurance that Spain
would then declare that no insult to
the flag ofthe United States had been
intended. l also authorized an a
greement to be made that, should it
be shown to the satisfaction of this
government that the -Virginius was
improperly bearing the flag, proceed
ings should be instituted in our
courts for the punishment of the Of
fence committed against the United
States. On her part Spain under
took to proceed against those who
had offended the sovereignty of the
United States or who had violated
their treaty rights.
The 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 q
greeing to the arrangements finally
made between the two governments;
an arrangement which was moder-
ate and just and calculated to cement
the good relations which have so
long existed between Spain and the
United States. Under this agree
ment the Virginius, 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 ult. She was in an un-
seaworthy condition, In the pas
sage to New York she encountered
one of the most tempestuous Of our
winter storms. At the risk of their
lives, the officers and crew places in
her charge of her attempted to keep
her ahoat. Their efforts were un-
avaling, and she sunk off Cape Fear.
The prisoners who survived the
massacre were surrendered st San
tiago 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 ofthe United States is trans
mitted herewith, together with the
opinion Of the Attorney General
thereon. and copy of the note of
the Spanish minister, expressing, on
behalf of his government, disclaim
er Of any intent of indignity to the
flag of the United Statas.
[Signed U. S. GRANT.
Spain does not demand indemnity.