The Elk County advocate. [volume] (Ridgway, Pa.) 1868-1883, 1874-01-22
The Steamer YirgInius.
Message of President Grant to the United
States Congress.

States Congress.
WASHINGTON, January 5.-The Presi-
dent to-day sent the following message
to the Senate and House of Represen-
tatives:
In my annual message of December
| last L gave reason to expect that when
the full and accurate text of the cores
pondence relative to the steamer Vir-
ginius, which had been telegraphed in
cipher, should be received, the papers
concerning the capture of the vessel,
the execution of a part of its passengers
and crew, and the restoration of the
ship and the survivors would be trans
mitted to Congress in compliance with
the expectations then held out. I now
transmit the papers and correspondence
on that subject.
On the twenty-sixth day of Septem-
Der, 1870, the Virginius was registered
in the Custom-houss at New York as the
property of citizen of the United
States, he having first made oath as re-
quired by law that he was the true and
only owner of the said vessel, and that
there was no subject or citizen of any
foreign prince or state, directly or indi-
rectly, by way of trust, confidence, or
otherwise, interested therein. Having
complied with the requisites of the
statute in that behalf, she cleared in
the usual way for TIE port of Curacao,
and on or about the fourth day of Octo-
ber, 1870, sailed for that port. 1t is
not disputed that she made the voyage
according to her clearance, nor that
from that day to this she has not re-
turned within the territorial jurisdic-
tion of the United States. 1t is also
understood that she preserved her
American papers, and that when within
foreign ports she made the practice of
putting forth claim to American nation
ality, which was recognized by the
authorities at such ports.
| When, therefore, she left the port of
KiuSston in October last under the flag
of the United States, she would appear
to have had, as against all powers ex-
cept the United States, the right to fly
that flag and to claim it's protection as
enjoyed by all regularly documented
vessels, registered as part of our COM
mercial marine. No state of war ex~
listed comforting upon a maritime power
the right to molest and detain upon the
high seas a documented vessel and it
cannot be pretended that the Virginius
had placed herself without the pale of
all law by acts of piracy against the
human race. If. her papers were irreg-
ular or fraudulent the offense was one
against the laws of the United States,
iustifable only in their tribunals.
When, therefore, it became known that
the Virginius had been captured on the
high seas by a Spanish man n-of-war, that
the American flag had been hauled
down by the captors, that the vessel
had been carried to Spanish port, and
that Spanish tribunals were taking
jurisdiction over the persons of those
found on her and exercising that juris-
diction upon American citizens, not
only in violatian of international law
but in contravention of the provisions
of the treaty of 1895, directed de-
mand to be made upon Spain for the
restoration of the vessel and for the re-
turn of the survivors to the protection
of the United States, for salute to the
flag, and for the punishment of the
offending parties.
The principles upon W hich these de-
mands rested could not be seriously
questioned but it was suggested by the
Spanish Government that there were
grave doubts whether the Virginius was
entitled 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 the sur
vivors to dispense with the salute to the
flag, should such facts be established to
their satisfaction. This seemed to be
reasonable and just. I therefore as
sented to it, on the assurance that Spain
would then declare that no insult to the
flag of the United States had been in
tended. [ also authorized an agree
ment to be made that should it be shown
to the satisfaction of this Government
that the Virginius was improperly bear
ing the flag proceedings should be in
stituted in our courts for the punish
ment of the offense committed 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. The surrendering of the
vessel and the survivors to the iurisdic-
ton of the tribunals of the United
States was an admission of the princi-
Piles upon which our demand has been
founded. I therefore had no hesitation
in agreeing to the arrangements finally
made between the two governments,
an arrangement which was moderate
and Just, and calculated to cement the
good relations which have so long ex-
listed between Spain and the United
States.
Under this agreement the Virginius,
with the American flag flying, was de-
livered to the Navy of the United States
at Bahia Honda, in the Island of Cuba,
on the 10th ult.
She was in an unseaworthy condition
in the passage to New York. She en-
countered one of the most tempestuous
} of our winter storms. At the risk of
, their lives the officers and crew placed
in charge of her attempted to keep her
, afoat. Their efforts were unavailing
} and she sunk off Cape Fear. The pris-
} oners who survived the massacres were
surrendered at Santiago de Cuba on the
= 18th ult., and reached the port of New
\ York in safety. The evidence sub,
} mitted 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 trans,
, mitted herewith, together with the
) opinion of the Attorney General thereon
and copy of the note of the Spanish
| Minister, expressing on behalf of hiG
Government disclaimer of any intent
of indignity to the flag of the United
n States.
0 (Signed) U. S. GRANT.