Iowa voter. [volume] (Knoxville, Iowa) 1867-1874, 1874-01-01

1 The following is the opinion Of AttOr-
pey. General Williams in the Virginius
case:
DEPARTMENT OF JUSTICE,
WASHINGTON, December II.
| The Hon Hamilton Fish, Secretary Of State:
| Sin: have the honor TO acknowledge the
receipt of your letter of the 18th inst, submit
! ting to me large number OF documents ana
| depositions, and asking for my opinion as to
| whether or not the Virginius at the time OF
| her capture By the Spanish man-ofwa Tor
nado was entitled TO carry the flag OF the
1 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 Goth utimo between the Span
| ish Minister and the Secretary OF State, In
which, among other things, it was agreed TO
| that on the 18th inst. Spain shall salute the
/ flag of the United States; but 1t is further
provided that IL Spain shall prove to the salts
| faction Of the United States that the Virgin
| ius was not entitled to carry the flag OF the
United States, and was carrying II at the time
1 of her capture without right and improperly,
| the salute will be dispensed with, as in such
| case 1t not being necessarily reputable, but
l the United States will expect In such case a
| disclaimer of intent of indignity to its flag In
| the act which was committed.
Section of the act of Dec, 81, 1872. pro-
| yides that ships or vessels registered pursuant
L
| be duly qualified according to law for carrying
| on the coastiDg trade, and denominated or
/ deemed ships or vessels Of the United States,
| shall be entitled TO the benefit and privileges
appertaining to such ships. Section OF the
same act provides for an oath, by which,
amongo her things, TO obtain registry OF yes
| sell the owner is required to answer that there
| is not a subject or citizen of any foreign
prince or State directly or indirectly, by way
1 of trust, confidence, or otherwise, interested
| in such ship or vessel, or in the profits or is
sues thereof Obviously, therefore, no vessel
in which foreigner is directly or indirectly
| Interested Is entitled to United States regis
| try, and If one is obtained by false oath as to
/ that point, and the fact is that the vessel Is
owned by foreigners, she cannot be deemed a
| 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 26th Of September, 1870, in the name OF
| Paterson, 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 property
| OF certain Cuban citizens In New York, who
| furnished the necessary funds for her pur-
chase. j. K. Shepherd, who commanded the
| said vessel when she left New York with
| certificate of her register in the name of Pat
trson, testified positively that he entered into
n
| interview between Quesada, Mora, Patterson,
1 and others, at which II was distinctly under
stood that the Virgnius belonged to Ques1da,
! Mora aud other Cubans, and that said Mora ex-
hibited 10 him receipts for the purchase money
and tor 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 Ill New York at the
| time the Vrginius was purchased, and after
ward sailed in her as Quesada's Chief Of
| staff, testifes that he was acquainted with all
| the details of the transactions, and knows
| that the Virginius was purchased with the
| funds Of Cubans, and with the understanding
| and arrangement that Patterson should APP
| pear as the nominal owner, because foreigners
could not obtain United States register for
| a vessel Francis Bowen, Charles Smith, Ed
ward Greenwood, John Mccain, Mathew
Murphy, Ambrose Rawlings, Thomas Gala
| CHER, John Furong, Thomas Anderson and
| George w. Miller, who were employed upon
| the Virginius in various capacities after she
| was registered In the name of Patterson, tes-
| tify clearly TO the effect that they were in
| formed, and understood while they were upon
| the vessel, that she belonged to Quesada and
| Cubans represented by him, and that he navi-
gated, controlled and treated such vessel ia all
respects as though 1t was his property.
| Nothing appears to weaken the force OF this
| testimony, though the witnesses were gener-
aliy subjected To cross examinations; but, on
| the contrary, all the circumstances of the case
| tend TO it's corroboration. With the oath for
| registry the statute requires bond TO he
| given, signed by the owner, Captain, and one
/ or more sureties; but there are no
sureties upon the bond given by Pat
| terson and Shepherd. Pains have been taken
| 10 ascertain IL there was any insurance upon
| the vessel, but nothing of the kind has been
found; and Quesada, Varona, and other
Cubans who took passage upon the pir-
ginius, instead of going on board at the
| wharf in the usual way, went aboard OF Tug
after the vessel had left the harbor OF New
York.
I ! cannot do otherwise than to hold, upon
1 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 virginius, at the
| time of her capture, had right as against the
| United States to carry the American flag,
4 am of the opinion that she had no such right,
/ because she had not 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 thal
ground, as though she had been lawfully
| registered. Spain, no doubt, has right tc
| capture vessel with an American register
| and carving the American flag, found IN bel
/ own waters assisting or endeavoring to assist
! the inaurrection at Cuba; but she has no righl
/ TO capture such vessel on the high seas upon
an apprehension that, In violation OF the neu.
| trality of the navigation laws OF the United
| States, she was on her way to assist such re
| beilion Spain may defend her territory
| 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
80 n. In. ttxtIof nj a
law of the United States. Spain cannot right
fally raise that question as 10 the virginius
| hut the United States may, and as l under
stand the protocol they have agreed to do It.
and be governed by that agreement; and, with
| ont admitting that Spain would otherwise have
any interest Ia the question: decide that the
| Yirginius, at the time Of her capture, was
! without right, and improperly, carrying the
| American flag Very respectfully,
GEORGE III. WILLIAMS, Attorney-General.
IN Richmond. Va, firm of colored