Frostburg mining journal. [volume] (Frostburg, Md.) 1871-1913, 1874-01-17
The Virginius Affair-Message Of Presi-
dent Grant.

gress
In my annual message of December
last, l gave reason to expect that when
the full and accurate text of the CORE
spondence relating to the steamer Vir-
ginius, which had been telegraphed 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 sur
vivors would be transmitted to Con-
gress. In compliance with expectations
then held out, now transmit the papers
and correspondence on that subject.
On the Doth of September, 1870, the
Nirginius was registered i'll the Custom
House at New York, as the property of
Il citizen of the United States, he hay
ing 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, inter
ested therein. Having complied with
the requisites in the statute in that be-
half, 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 juris-
diction of the United States. 1t is also
understood that she preserved her Amer
lean papers, and that when within for.
eign ports she made the practice of put
ting forth claim to American national
ity, which was recognized by the au-
| ~ OF
fore. she left the port of Kingston in
October last, under the 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 to claim its protection, as enjoined
by all regularly documented vesseIsreg
lstered as part of our commercial ma
rine No state of war existed confer
ring 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, justitiable
only i'll their tribunals. When, there
fore, it became known that the Virgin
JUS had been captured on the high seas
by Spanish man-of-war that the
American flag had been hauled down by
the captors; that the vessel had been
carried to Spanish port, and that the
Spanish tribunals were taking jurisdic
ton over the persons of those found on
her, and exercising that jursdic-
ton on American citizens, not only
in violation of international law, but i'll
contravention of the provisions of the
treaty of 1875, l directed demand to
be made upon Spain for the restoration
of the vessel and for the return of the
survivors to the protection of the United
States for salute to the flag and for
the punishment OF the offending par
ties. The principles upon which these
demands 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 have charter given her by
her papers, and that, therefore, it might
be proper for the United States, after
the surrender of the vessel and sur
vivors, to dispense with the salute of the
flag should such facts be established to
their satisfaction. This seemed to be
reasonable and just. | therefore as
scented to it ON the assurance that Spain
would then declare that no insult to the
flag of the United States had been in
tended. l also authorized an agree
ment to be made that, should it be
shown to the satisfaction of this Gov
eminent that the Virginius was i'm
properly bearing the flag, proceedings
| chn,,Il no ir,+,t,,tol -, ,rfp s.,
the punishment of the oflense commit
ted 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
or the tribunals of the United
States was an admission of the
principles on which our demand
had been founded. l therefore had no
hesitation in agreeing to the arrange
ment 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 American flag
flying, was delivered 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 encoun-
tered 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
adoat. Their efforts were llnavailing,
and she sank off Cape Fear. The pris-
oners who survived the massacre 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 Attor-
ney-General thereon, and copy of the
note of the Spanish Minister, express
ing, on behalf of his Government, a dis
claimer of any intent of indignity to the
flag of the United States.
(SignedD U. $. GRANT.
The correspondence is too volumin-
GUS for insertion in these columns.
ED.