Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1874-01-15
President Grants Message Relative ia
the Yirginius Affair.

The President, on the 9th, sent the E0l-
lowing message to the Senate and House
of Representatives
In my annual message of December last
gave reason to expect that when the full and
accurate text of the correspondence relating
to the steamer Virginius, which had been tel
egraphed in cipher, should be received, the
papers concerning the capture of the vessel,
execution of part of its passengers and crew,
and restoration of ship and survivors, would
be transmitted to Congress. In compliance
with expectations then held out, now trans
nit the papers and correspondence on that
subject.
On the Goth of September, 1870, the Vir-
ginius was registered in the Custom-House at
New York, as the property of a citizen of the
United States, he having first made the oath
required by law that he was the true and only
owner of said property, and that there was
no subject or citizen of any foreign Prince or
State directly or indirectly, by way of trust,
confidence, or otherwise interested therein.
Having complied with the requisites in the
statute in that behalf, she cleared in the usual
way, for the port of Curacao, and on or about
the 4th of October, 1870, sailed for that port.
1t is now disputed that she made the voyage
according to her clearance, and that from that
day to this she has not returned within the
territorial jurisdiction Of the United States.
It is also understood that she preserved her
eign ports she made the practice of putting
forth claim to American nationality, which
was recognized by the authorities at such
ports. When, the re, she left the port of
Kingston in October last, underline flag of the
United States, she would appear to have had,
as against all powers except the United States,
the right to fly that flag, and 10 claim
its protection, as enjoYed by all regularly
documented vessels registered as part of our
commercial marine. No state of war existed
comforting upon the maritime powers the right
to modest and detain upon the high seas a
dOcumented vessel, and 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 were Irregular or
fraudulent the offense was one 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 seas by a Spanish man-of-war;
that the American flag had been hauled down
by the captors; that the vessel had been car
ried to a Spanish port, and that the Spanish
tribunals were taking jurisdiction over the
persons of those found on her, and eX-
ercising that jurisdiction upon Ameri-
can citizens, not only in violation of interna-
tiOnal law, but in contrayention of the provis-
ions of the treaty of 1875, | directed demand
to be made upon Spain for the restoration of
the vessel and for the return of the survivors
salute to the flag and for the punishment Of
the offending parties. The principles upon
which these demands rested could not be Sc
riouely questioned, but it was suggested by
the Spanish Government that there were
grave doubts whether the Firglnlus was enti-
tied to the character 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 the
salute to the flag should such facts be estab-
liShed to their satisfaction. This seemed to
be reasonable and just. l therefore assented
to it on the assurance that Spain would then
declare that no insult to the flag of the United
States had been intended. I also authorized
an agreement to be made that, should it be
shown to the satisfaction of this Government
that the Virginius was improperly bearing the
flag proceediI gs should be instituted in our
courts for the punishment Of the ofepse COM
mitted against the United States. On her
part, Spain undertook to proceed against
those who had offended the sovereignty of the
United States, or who had violated their treaty
rights.
Their 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.
therefore had no hesitation in agreeing to the
arrangement finally made between the two
Governments-an arrangement which was
moderate and just, and calculated to cement
the good relations which have so long existed
between Spain and the United States. Under
this agreement, the Virginius, with the Amer
lean flag flying, was delivered to the navy of
the United States at Bahai Honda, in the
Island of Cuba, on the 10th ult. She was in
an unseaworthy condition. In the passage
to New York she encountered one of the
most tempestous of our winter storms At
the risk of their lives, the officers and crew
placed in charge OF her, attempted to keep her
afioat Their efforts were unavailing, and she
sunk of Cape Fear.
were surrendered at Santiago 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 of the United States, is transmitted
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, disclaimer of any
intent of indignity to the flag of the United
States.
(Sigped) .. s. GRANT.