The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-04-16

Lutte, gun for gun. But IL the commanding
officer of the United States vessel in the
harbor of Santiago de Cuba shall, on or
before that date, have received notice that
the condition have been reached on
which, according to the protocol of the
29th of November, the salute to the flag of
the United States is to be spontaneously
dispensed with, he will notify the authori-
ties of the place of that fact, and the GER
emony of the salute to the flag in such
place will not take place.
The Spanish minister presented evil
dence on the 10th of December that the
Nirginus was not entitled to carry the
American flag, as Spain contended. From
the marine records 1t appeared that
the Virginius was registered in New York
on the 25th of September, 1870, in the
name of Patterson, who made OATH as
required by law, that he was the owner
On the 4th of October the vessel saled
for Curacoa, and made the voyage there
in accordance with her clearance papers,
From that time to the date of her capture
by the Tornado, II is said she did not re-
turn to the United States, but to each port
that she sailed she was recognized as an
American vessel This was the apparently
strong ground on which the government
at Washington regarded the capture of the
/ Virginius as an insult TO the American
flag, and in reparation for which the de-
mand was made that the flag should be
eaIuted in the Cuban harbors by Spain.
President Grant held that 'if her papers
were irregular or fraudulent the orense
was one against the laws of the United
| States, justihable only In their tribunals.
Spain produced evidence to show that
Patterson was not the owner OF the Nir-
ginius at the time he made affidavit that
he was but that the vessel was the prop
! ri New
| York. who furnished the necessary money
for her purchase. j. e. Sheppard, who
| commanded the Virginius when she lett
New York with certificate of her regis
| ter In the name of Patterson, testified that
! he entered into an agreement to command
| her at an interview with Queseda, Mora,
| Patterson and others, at which 1t was
| distinctly understood that the Virglnius
belonged to Queseda, Mora and other Gu
bans and that Mora exhibited to him re-
| ceipts for the purchase money. Adolpho
| de Varono. who was secretary of the Gu
| ban mission at that time, also swore that
! the vessel belonged to the parties named,
but that Patterson was given as the nom
1 nal owner in order that United States
register might be obtained. When this
and other testimony of alike nature was
handed Secretary Fish by the Spanish
minister il was referred to the Attorney
Generals department. and on the 18th an
answer was returned by George VI. VIII
liams, who after reviewing the testi-
mony, gave the following opinion: II am
of the opinion that she Qhe Virginius)
had no such right Ito carry the American
hag) because she had not been register
ed according to law; but ] am also of
the opinion that she was as much exempt
from Interference on the high seas by an
other power, on that ground, as though
she had been lawfully registered. Spain
| mad no doubt right to capture vessel
with an American register and carrying
the American flag round I'm her own
waters assisting or endeavoring to assist
the instruction in Cuba, but she has no
right to capture such vessel on the high
seas upon an apprehension that in viola
ton of the neutrality or navigation laws
Of the United States, she was on her way
TO assist said rebellion. Spain may defend
her territory and people from the hostile
attack of what Is, or appears to be an
American vessel, but she has no Jurlsdic-
ton whatever over the question as TO
! whether or not such vessel is on the high
seas In violation Of any laws Of the Uni
ted States. Spain cannot rightfully raise
that question as 10 the Vrginlus, but the
United States may. and, as / understand
the protocol, they have agreed to do it,and