Dodgeville chronicle. [volume] (Dodgeville, Wis.) 1862-current, 1874-01-02
Att0rney-Gene, al Williams Opinion
Regarding e Virginius.
WASHINGTON, December %.
q is the opinion of Attorney
yilliams in the Virginius case:


General Williams in the Virginius case:
DEPARTMENT OF JUSTICE,
WASHINGTON, December H.
The Hon. Hamilton Fish, Secretary of State:
SIR: have the honor to acknowledge the receipt
of your letter of the 18th inst, submitting TO me
large number of documents and dispositions, and
asking for my opinion to whether or not the Vir-
ginius at the lime of her capture by the Spanish
man-of war Tornado was entitled to carryrthe flag
of the United States, and whether or not she was
carrying it improperly and without right at
that time. These questions arise under the
protocol Of the 29Ih ultimo, between tue Span
ish Minister and the Secretary of State, in which,
among other things, it was agreed to that on the
25th instant Spain shall salute the flag of the
United States; bnt it is further provided that II
Spain shall prove to the satisfaction of the United
States that the Virginius was not entitled 10 carry
the flag OF the United States md ;ffit
properly, the salute will be dispensed W th, as in
such case it not being necessarily requirabie put
the United States will expect in suca case "a a dls.
claimer of intent of indgny to its flag III the act
which was commit ted.
Section Of the act Of Dec. g., 1872, provides
that ships or vessels regis cred pursuAnf 10 euch
act and no other except such as shall be duly
qualified according TO law for carrying on me
coastiug trade, and denominated or deemed ships
or vessels of the United States, shall be emitted 70
the benefit and privileges apperta'ning to such
ships Section of the same act provides Tor an
oath, by which, among other things. to Obtain re-
gstry of vessel, the owner ls required 10 answer
that there is not subject or citizen OF any foreign
plnce or State directly or indirectly. by way OF
trust, confidence, or otherwise, Interested In sucn
ship vessel. or in the pro1is or issues lhereoI
Obviously therefore. no vessel in which foreigner
is directly or indirectly interested Is entitled 10 a
United States registry, and If one l. obtained by
false oath as to hat point and the fact Is that the
vessel is owned by foreigners. che cannot DC
deemed vessel of the United States, nor emil
tied to the benefits or privileges appeltainlng 10
such vessels.
the 26h of September, 1870, in the name OF Patter-
son. who made oath as required by law but depo-
sitions submitted abundanty show that, IN tact,
thDf
the vessel was the property Of certain Cuban cii-
zens in New York, who furnished the necessary
funds for her purchase D. H. shepieFfaa' Mn, Wlo
York with certificate of her register IN the name
of Patter.on, testified positively that nc entered
into an agreement to command SAID vessel at an
interview between Quesada, Mora Patterson. ana
Others at which it was distinctly understood tnat
the Virginius belonged to Quesada. Mora and other
Cubans and that said Mora exhibited to him re-
ceipts for the purchase-mohey ana ior 15 "a
explained to him how the said fqnds
were raised among Cubans in New foTK'
Adolph0 de Varona, who was Secretary Of ihe Cur
ban mission in New York at The time the Nlrgnlus
was purchased, and afterward sailed IN her as
Quesada's Chief Of Staff, testifies that ne Is ac-
quainted with all the details OF the fransacnons,
and knows that the Virginius was purchased win
the funds of Cubans, and with the understanding
and arrangement that Patterson should appear az
the nominal owner, because foreigners could not
obtain a United States register for vessel FRAN
cis Bowen, Charles Smith, Edward Greenwood,
John McCann, Mathew Murphy, Ambrose. haW-
lings. Thomas Gallagher John Furlong. 1honaS=
Anderson and George w. Miller, who were en-
ployed upon the Virginius in various capacltles
after she was registered in the name OF Patterson,
testify clearly to the effect that they were informed,
and unders oOd while they were upon the ye~sel,
that she belonged 10 Quesada and Cuoans repre-
sented by him, and that he navigated conirolled q
and treated such vessel in all respects as though IT
was his property.
Nothing appears to weaken the force OF TINS
testimony, though the witnesses were generally
III tNc ina tOI n H.
trary all the crcums of the case tend to It's
corroboralion. With the oath for registry lne
statute requires bond 10 be given. signed by the
owner, Captain and one Of more suretlee;f DuC
there are sureties upon the bond gwen by Paiter
son and Shepherd. Pains have been taken 10 as
certain if there was any insurance npon the Ycssel
bnt nothing Of the Kind has been found; and
Quesada, Varona, and other Cubans VINO look
passage up the Virginius, instead OF golrg ON
board at The wharf in the usual way. went apoar9
Of ting after the vessel had left the haroor OF
New York. -
cannot do otherwise than TO hold, upon this
evidence that Patterson'a oath was false. and That
the register obtained in his name was fraud upon
the navigation laws Of the United States. Assum-
ing the question to be what appears to conform 10
the intent of the protocol whether or not the Vlr-
ginius. at the time of her capture, had right as
against the United States to carry the American
flag l am of the opinion that she had no such
right because she had not been registered accord
ing to law; but / also of the opinion that she
was as much exempt from interference ON
the high seas by another power. ON that
ground. as fnOugh Sne Dau DeCn idNlultJ ICSle-
Tered. Span no doubt, has right to capture q
vessel with an American register. and carrying
the American flag, found in her own water assist
ing or endeavoring to assist the insurrec ion at
Cuba: but she has no right to capture such ves-
sci on the high seas upon the apprehensia that,
in violation of the neutrality of the navigation laws
of the Uni ed States. she on her way 10 assist
such rebellion Spain may defend her territory
and her people from hostile action from
what is or appears to be ian American
vessel. but she has no jurisdiction whatever
over the oueston as to whether or bot such vessel
il ON The high seas in violation of any law of the
United States Spain cannot rightfully raise that
question as to the Virgnns, but the United States
may and as [ understand the protocol they have
agreed to do it, and be governed by that agree
ment; and, without admitiingfhat Spain would
otherwise have any interest in the question: de-
eide that the Virginius at the time Of her capture,
was without right. and improperly, carrying the
American flag Very respectfully,
GEORGE II. WILLIAMS, Attorney-General.