The Superior times. [volume] (Superior, Wis.) 1870-1912, 1874-01-10

torney General Williams il the Virgin
Jus case:
TO The Hon Hamilton Fish, Secretary Of
| State:
| DEPARTMENT CT JUSTICE,
WASHINGTON, Dec. II.
SIR Il have the honor to acknowledge the
| receipt of your letter OF the 18th lust, sub
hitting to me large number of documents
| and dispositions, and asking for my opinion as
| to whether or not the Vrginus, at the time
| of her capture by the Spanish mau-of-war
| TORI ado. was entitled to carry the flag OF the
Uoited States, and whether or not she was
carrying it improperly and without right
| at that time The questions arise under
| the protocol of the 18th uIt, between
| the Spanish Minister and the Secretary Of
State, III which, among other things, it
was agreed to that on the 25th inst. Spain
shall salute the flag of the United States /: but
| it further provided that if Spain should prove
to the satisfaction Of the United States that
| the N1igiplus was not entitled To carry the
flag of the United States, and was carrying it
at the time of the ca ture without right and
| improperly, the salute will be spontaneously
dispensed with, as i'll such case it being not
necessarily reputable but tue United States
will expect IN such case a disclaim of intent OF
| ndignlty TO its flag In the act which was COM
mitted
Section / Of the act of December 81, 1892,
| provides that ships or vessels registered pur-
| suant 20 such act, and no other, except such
as shall be duly qualified &C tording to
| the law for carving on the COIstlug trade,
and denomrnated or deemed ships or YES
| eels of the United States, shall be entitled to
tie benefits and privileges appertaining to
such ships.
See. of the same act provides for an oath
| by which, among other things, 10 obtain the
registry of a vessel, the owner Is required to
| swear That there Is not subject or citizen
OF any foreign prince or state, directly III
directly, by way of trust, confidence, or other
wise, interested IN such ship or vessel OF In
| the profits Oh issues there /.
| Obviously, therefore, no vessel in which a
foreigner Is directly OF indirectly interested is
entitled to a United States registry. and if one
| is obtained by false oath as to that p0iut and
| the fact is that the vessel is owned or partly
| owned by foreigners, she cannot be deemed
vessel OF the United States or entitled 10 the
| benefits or privileges appertainlng to such
vessels. The Yirginius was reg l5tered in New
York on the 26th day OF September 1870. in
the name of Patterson who made cath as
| qulred by law but the dispositions submitted
| clearly show that Patterson was not
| The owner of the vessel at that time,
| but that the vessel was the property 9f GER
| tain Cuban citizens in New York, who furnish
| ed the necessary funds Tor her purchase. j.
| L. Shepherd who commanded said yes, el
| when she left New York with certificate OF
| her register in the name of Patterson, testi-
| fed positively that he entered into an agree
| ment to command said vessel at an interview
| between Quesada, Mora, Patterson, and
| others, at which 1t was distinctly understood
that the Vrgibius belonged to Qucsada, Mora,
and other Cubaps, and that said Mora exhib
| tied to him receipts for the purchase money,
aud for repairs and supplies upon said steam
Ell, and explained to him how sad funds were
| raised among the Cubans i'll New York.
| Adolphe de YarOna, who was Secretary
Of the Cuba Mission III New York at
| the time the NHgInlus was purchased,
and afterward sailed in her as Quesada's chief
| of staff, testifes that he Is acquainted with
all the details of the transaction, and knows
| The NirglDus was purchased with funds of
Cubans, and with the understanding and
| arrangement that Patterson would appear as
the nominal owner. because foreign owners
| could not OBTAIN United States register for
the vessel. Francis Bowen, Charles Smith,
| Edward Greenwood, John Mccain, Matthew
| Murphy Ambrose Rawlings, Thomas G..
| Meaghe~, John Iurlong, Thomas Anderson,
ana George W. Miller, who were employed up
| on the Firgiuius III various capacities after
| she was registered in the name Of Patterson,
testified clearly to the effect that they were
| informed and understood, while they were
upon the vessel, that she belonged to Quesa-
| da aud Cubans represented by him, and that
be nayigated, controlled and treated such
vessel III all respects as though it was his
properly.
Nothing appears to weaken the force of this
testimony, though the witnesses were gener
ally subjected to crosse SamlnatIOn !; but. on
the contrary, all the circumstances of the
case tend to It's c0rrOoOratlO2. With the
oath for the registry, the statute requires a
bond to be given, signed by the owner, cap
tain and one or mere suretes but there
were no sureties upon the bond given by Pat |
terson and shepherd Pains have been taken
to ascertain il there was any insurance upon
the vessel, but nothing OF the kind has been
found. ana Quesaaa, Narona, and other Gu |
bans who took passage upon the VlrglniCs,
instead of going on board at the whar. i'll the |
usual way, ' ent aboard of 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 terms of the |
| protocol, whether or not the Vrginius, at the |
| time OF her capture, had the right as against
tue United States, to carry the American flag, |
| am of the opinion that she had 10 such |
| right because she had not been registered |
according to law bnt | am also Of opinion |
| that she was as much exempt from interior |
| ence on the high seas by another power on |
| that ground as though she had been lawfully |
| registered Spain, no doubt, had right to |
capture vessel with an American register, |
ana carrying an American flag found |
in her own waters assisting or endeav- |
oung to aid the instruction iii Cuba, |
but she had no right-to capture such vessel |
on the high seas upon an apprehension that, |
II violation or the legality of the navigation |
laws, or of United States laws, she was on her |
way to assist said rebellion. Spain may de- |
fond her territory and her people from hostile |
expeditions from what is or appears to be an |
American vessel but she had no jurisdiction |
whatever over the question as to whether or |
not such vessel is on the high seas in viola |
ton OF any law of the United States. Spain |
cannot rightfully raise that question as to the |
NirGinus, but the United States may and |
as understand the protocol, they have agreed |
to It, and are governed by that agreement and |
without admitting that Spain would otherwise |
have any interest i'll the question:, decide |
tibet the Nirginius. al the time OF her capture,
was without right and Improperly carrying the
American flag. Very respectfully,
tSjgned) GEORGE IL. WILLIAMS,
Attorney General.