Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1898-04-28

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the vessel was owned by the Cuban
Junta, and in the articles of agreement
which were signed by the Spanish
minister this was taken into account.
TERMS OF THE PROTOCOL.
First. That the Virginius shall be
restored and surrendered by Span
ish vessel of war to vessel of war of
the United States, in the harbor of
Bahia Honda, on the 10th day Of De-
cember, between the hours of S in the
morning and + in the afternoon Of the
same day, the Virginius to have the
flag of the United States flying at her
main peak or flag staff at the time Of
the surrender, but the fact of the YES
sci being restored with the flag flying
shall not be taken as an admission by
either party of the right Of the vessel
to carry the flag at the time Of the
capture nor shall it prejudice the
right reserved to Spain Oh or before
the 25th Of December, that the vessel
was not entitled to carry that flag,
and was carrying it at the time Of her
capture without right and improperly;
nor the presentation of the reciprocal
reclamations as provided in the said
protocol. Should any accident pre-
vent the arrival of the United States
vessel in the harbor of Bahia Honda
on the day above named, the surren-
der and restoration of the VirgInius
shall take place in the same port as
soon as may be after the arrival there
of the United States vessel.
Second. That the survivors of those
who were on board of the Virginius
at the time of her capture shall be
surrendered to and safely escorted on
board of vessel of war Of the United
States in the harbor Of Santiago de
Cuba within forty-sight hours after the
notification to the authorities Of the
place Of the arrival there of such yes
sci, and that such vessel is ready and
prepared to receive such survivors.
The said survivors are to be surren-
dered as above, between the hours of
in the morning and / in the after
noon.
Third. That on the 25th day Of De-
cember a vessel or vessels of war of
the United States will be in the har-
Dor of Santiago de Cuba, and that at
the hour Of II meridian the United
States flag is to be raised on a Spanish
fort or battery and a salute Of twenty
one guns be fired. This being done,
the United States vessel, or if there
be more than one, one Of them will
raise the Spanish flag and return the
salute, gun for gun. But if the COM
manding officer Of the United States
vessel in the harbor Of Santiago de
Cuba shall, on or before that date,
have received notice that the condi-
tions have been reached on which, ac-
cording to the protocol of the 29th Of
November, the salute to the flag Of
the United States is to be spontaneous
ly dispensed with, he will notify the
authorities of the place of that fact,
and the ceremony Of the salute to the
flag in such place will not take place.
The Spanish minister presented eyi-
dence on the 10th of December that
the Virginius was not entitled to car
ry the American flag, as Spain con-
tended. From the marine records it
appeared that the Virginius was regis
tered in New York on the 25th Of
September 1870, in the name of Pat
terson, who made oath, as required by
law, that he was TIE owner. On the
4th of October the vessel sailed for
Curacao, and made the voyage there
in accordance with her clearance pa
pers. From that time to the date Of
her capture by the Tornado, it is said,
she did not return 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 Washing
ton regarded the capture of the Vir-
ginius as an insult to the American
flag, and in reparation for which the
demand was made that the flag should
be saluted in the Cuban harbors by
Spain. President Grant held that
"if her papers were irregular or fraud
ulent the ofense was one against the
laws of the United States, justifable
only in their tribunals. -
In consequence of the decision Of
the Attorney-General that the Vir-
ginius was not entitled to carry the
American flag, the Spanish minister
was notified by the State Department