Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1874-01-01
Attorney Williams Opinion
Regarding the Yirginius.


WASHINGTON, December %.
Inc following Is the opinion Of Attorney
General Williams in the Virginius case:
DEPARTMENT OF JUSTICE,
WASHINGTON, December q.
The Hon. Hamilton Fish Secretary of State:
SIR: l have the honor TO acknowledge the
| receipt of your letter OF the 18th inst, sub
uniting to NE large number of documents
and dispositions, and asking for nv opinion
| as to whether or not the Virginius at the time
or 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
rying IL improperly and without right at that
time. 1hese questions arise under the proto
col OF the 29th ultimo between the Spanish
munster and the Secretary of State, in which,
among other things it was agreed TO that on
the 10Th INST. Spain shall salute the flag of the
United States; but it is further provided that
II Spain should prove to the satisfaction of
the OnlIeo states that the Virginius was not
ehtitleo 10 carry the flag of the United States,
ana was carrying 1t at the time of her capture
without right and improperly, the salute win
| De dispensed with, as in such case it not being
necessarily reputable, but the United States
VIII expect IN such case disclaimer of in
tent OF lndlgnIty to its flag in the act which
| was committed.
Section l OF the act of December 81, 1892,
provides that ships or vessels registered pur-
suant TO such act, and no other except such
! as shall be duly qualified according to law for
| carrying on the coasting trade, and denomin-
| ated or deemed ships OF vessels of the United
| States, shall be entitled to the benefit and
| privileges appertaining to such ships. Sec
| uon OF the same act provides for an oath by
which, among other things, to obtain registry
| OF vessel, the owner is required to answer
| that there is not subject or citizen of any
foreign prince or State, directly or Indirectly,
| by way of trust, confidence, or otherwise, in
4 Get ph in CHI e-nl lNo
profits or issues thereof. Obviously, there
| fore, no vessel in which 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 goth Of September, 1870, in the name
of Patterson, who made oath as required by
law; but dispositions submitted abundantly
show that In fact Patterson was not the owner
at that time, but that the vessel was the prop
erty of certain Cuban citizens in New York,
who furnished the necessary funds for her pur-
| chase. j. E. 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,
and others, at which it was distinctly under
stood that the Virginius belonged to Quesada,
Mora, and other Cubans, and that said Mora
exhibited to him receipts for the purchase
money and for repairs and supplies upon said
steamer, and explained to him how the said
funds were raised among Cubans in New York.
AdOlpho de Varona, who was Secretary of the
Cuban mission in New York at the time the
Virginius was purchased, and afterward sailed
in her as Quesada's Chief Of Staff testifes that
he was acquainted with all the details
of the transaction, and knows that the
Virginius was purchased with the funds of
Cubans, and with the understanding and ar
rangement that Patterson should appear as
| the nominal owner, because foreigners could
not obtain a United States register for aVessel.
Francis Bowen, Charles Smith, Edward Green
wood, John Mccain, Matthew Murphy, Am
brose Rawlings, Thomas Gallagher, John Fur
long, Thomas Anderson, and George W. Mil
Ter, who were employed upon the Virginius in
various capacities after she was registered in
the name of Patterson, testify clearly to the
effect that they were informed, and under
stood while they were on the vessel, that she
belonged to Quesada and Cubans represented
by him, and that he navigated, controlled, and
treated such vessel in all respects as though it
was his property.
Nothing appears to weaken the force of this
testimony, though the witnesses were general
| contrary all the circumstances of the case
| tend to its confederation. With the oath for
| registry the statute requires bond to be
given, signed by the owner, Captain, and one
or more sureties; but there were no sureties
| upon thebond given by Patterson and Shepherd
| Pains have been taken to ascertain if there
| was any insurance upon the vessel, but moth
| ing of the kind has been found; and Quesada,
Verona, and other Cubans who took passage
| upon the Virginius, instead Of going on board
at the wharf In the usual way, went aboard
| off a tug after the vessel had left the harbor
| of New York.
cannot do otherwise than to hold, upon
| this evidence, that Patterson's oath was false,
| and that the register obtained in his name was
| a fraud upon the navigation laws of the
| United States. Assuming the question to be
| what appears to conform to the intent of the
| protocol whether or not the VTginius, at the
| time of her capture, had right against the
| United States to carry the American flag, am
of the opinion that she had no such right, be-
cause she hadnOt been registered according to
law; but am also of the opinion that she was
| as much exempt from interference on the
high seas by another power, on that ground,
as though she had been lawfully registered.
Spain, no doubt, has right to cap
ture vessel with an American register, and
carrying the American flag, found in
her own waters assisting Or endeaVOring to as
sist the instruction in Cuba; but she has no
upon an apprehension that, in violation of
| the neutrality of the navigation laws of the
United States, she was on her way to assist
such rebellion. Spain may defend her terri
tory and her people from hostile action from
what is or appears to be an American vessel,
but she has no jurisdiction whatever over the
question as to whether or not such vessel is on
the high seas in violation of any law of the
United States. Spain cannot rightfully raise
that question as to the Virginius, but the
United States may, and as 1 understand the
protocol they have agreed to do it and be
governed by that agreement and, without
admitting that Spain would otherwise have
any interest in~he question, decide that the
Virginius at the time of her capture was with
out right, and improperly, carrying the Amer
lean flag. Very Respectfully,
GEORGE II. WILLIAMS,
Attorney General
The Surrender Of the Virginius Pris-
OHerS.