The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1874-01-08
Nationality of the Virginius- Opinion Of the
Attorney General.

Attorney General.
We present below the opinion of the Attor-
ney General of the United States in relation to
the nationality of the captured steamer vlr-
ginius. From this decision it will be seen that
the Virginius was not legally entitled to fly the
American flag But this fact did not in the
opinion of the Attorney General, give Spain
the right to capture the steamer on the high
seas. The following is the full text of the
Attorney Generals decision:
WASHINGTON, December II, 1878.
Hon. Hamilton Fish, Secretary Of State:
SIR: have the honor to acknowledge the
receipt of your letter of the l1th instant, sub
mitting to me a large number of documents
and depositions and asking for my opinion as
to whether or not the Virginius, at the time of
her capture by the Spanish man-of-war lorna,
do, was entitled to carry the flag of the United
States, and whether or not she was carrying 1t
improperly and without right at that time.
This question arises under the protocol OF
the 29th ultimo, between the Spanish minister
and the Secretary of State, in which among
other things it is agreed that on the 25th in
slant Spain shall salute the flag of the United
States. But it is further provided that IF
Spain should prove to the satisfaction of the
United States that the Virginius was not enti--
tied to carry the flag of the United States, and
was carrying it at the time of the capture
without right and improperly, the salute will
be spontaneously dispensed with, as in such
case not being necessarily requirable, but the
United States will expect in such case dis
claimer of the intent of indignity to its flag in
the act which was committed"
Section one of the act Of December 81, 1892,
provides that ships or vessels registered pursu-
ant to such act, "and no other, except such as
shall be duly qualified, according to law, for
carving on the coasting trade, and denomina-
ted and deemed ships or vessels of the United
States, arc entitled to the benefits and privileg-
es appertaining to such ships" Section four
of the same act provides for an oath by which,
among other things, to obtain the registry of
vessel, the owner is required to swear that
there is no subject or citizen of any foreign
prince or State directly or indirectly, by way
of trust, confidence or otherwise, interested IN
such ship or vessel, or in the profits or issues
thereof Obviously, therefore, no vessel in
which foreigner is directly or indirectly In
terested is entitled to United States registry /;
and if one is obtained by false oath as to that
point and the fact is that the vessel is owned
or partly owned by foreigners, she cannot be
deemed vessel of the United States, or enti-
tied to the benefits or privileges appertaining
to such vessels.
The Virginus was registered in New York
on the Goth of September 1870, in the name
of Patterson, who made oath, as required by
law, but the depostions 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 purchase.
J. E. Shepherd, who commanded said vessel
when she left New York with certificate of
her register in the name of Patterson, testifies
positively, that he entered into an agreement
to command said vessel at an interview between
Quesada, Mora, Patterson and others, at whlch
it was distinctly understood, that the Virginius
belonged to Quesada, Mora and other Cubans,
and that the said Mora exhibited to him re-
ceipts for the purchase money and for the
repairs and supplies upon said steamer, and
explained to him how said funds were raised
among the Cubans in New York.
Alphonse de Varona, who was the secretary
of the Cuban mission in New York at the
time the Virginius was purchased, and after
wards sailded in her as Quesada's chief of staff,
testifes that he was acquainted with all the
details of the transaction, and knows that the
Virgnius was purchased with the funds of the
Cubans and with the understanding and ar
rangement that Patterson should appear as the
nominal owner, because foreigners could not
obtain q United States register for the vessel.
Francis Bowen, Charles Smith, Edward
Greenwood, John MeCann, Matthew Murphy,
Ambrose Rawlings, Thomas Gallagher, John
Furlong, Thomas Anderson, and George w.
Waller, who we're employed upon the Virgini..
US in various capacities after she was registered
in the name of Patterson, testify clearly to the
effect that they were informed and understood
while'they were upon the vessel that she be-
longed to Quesada and the Cubans represented
by him, and that he navigated, controlled and
treated such vessel in all respects as though it
was his property.
Nothing appears to weaken the force of this
testimony, though the witnesses were generally
subjected to cross-eXamination but on the
contrary. al the circumstances of the case tend
to its corroboration. With the oath for regis
try. the statute requires bond to be given
signed by the owner, captain, and one or more
sureties but there were no sureties upon the
bond given by Patterson and Shepherd. Pains
have been taken to ascertain If there was any
insurance on the vessel, but nothing of the
kind has been found. And Quesada, Varona
and the other Cubans who took passage upon
the Virginius, instead of going on board at the
wharf in the usual way; went aboard OIL tug
after the vessel had lett the harbor OF New
York.
cannot do otherwise than to hold, upon
this evidence, that Patterson's oath was false,
and that the registry 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, am OF the oplmon,
not been registered according to law, but am
also of the opinion that she was as much ex-
empt from Interference on the high seas by
another power on that ground, as though she
had been lawfully registered. Spain no doubt
has a right to capture vessel with an Ameri-
can register and carrying the American fag
found in her own waters, assisting, or endeav-
oring to assist, the insurrection in Cuba, but
she has no rig hit to capture such a vessel on
tho hioh seas upon an apprehension that in