The Twin Falls times. [volume] (Twin Falls, Idaho) 1905-1916, 1916-09-21

The Vera Cruz incident and the A. B. c. Mediation.
By James D. Whelan

had been made on Spain to return the
survivors as well as the vessel and to
salute the flag.
In the meantime, the Spanish envoy
at Washington, realizing the serious
ness of the situation, busted himself
and shortly afterward got the vessel
and the rest of the prisoners released.
A further examination of the facts
showed that the Virginius was not ac-
tually entitled to fly the American
flag, as the principal owners were not
American citizens, and under our nav
igatiOn laws could not legally register
the ship as an American vessel But
this made no difference with the in
suit to the flag involved. After show
ing that the Virginius was not en-
titled to American registry, Attorney
General Williams proceeded to define
the rules of international law, so far
as applicable to the conduct of foreign
states in such cases. He said, yet,
while on the high seas, actually bear
ing an American register, and carry
ing an American flag, she was as
much exempt from interference by
another power, as though she had been
lawfully resigtered the question
whether or not her register was fraud
ulently obtained, or whether or not
she was sailing in violation of any
law of the United States, being one
over which such power could not then
and there rightfully exercise jurisdic
ton" The flag was not saluted.
! Spain, through her envoy, said in eff
feet, 1--WE will settle for this by paying
a money indemnity for the lives Of
Americans executed, but, waving the
question of whether you ought to
demand an salute where the papers on
the ship are illegal, we suggest that
you dispense with the salute and we
will adjust the rest of the differences.
That this statement is within the facts
is shown by the following taken from
the special message on the subject
sent to congress by President Grant
January 5, 1874
when, therefore, she left the port
of Kingston in October last under the
flag of the United States she would
appear to have had against all powers
except the United States, the right tC
fly that flag and to claim its protec-
ton, as enjoyed by all regularly do
cumented vessels registered as part
of our commercial marine. No state
Of war existed comforting upon &
maritime power the right to moles
and detain upon the high seas a docu-
mented vessel, and it cannot be pre-
tended that the Virginius had placed
herself without the pale of all law by
acts of piracy against the human race
"If her papers were irregular OF
fraudulent, the offense was one
against the laws of the United States
justiciable only in their tribunals
when, therefore, it became known
that the Virginius had been captured
on the high seas by a Spanish man-of
war; that the American flag had beer
hauled down by the captors; that thu
! vessel had been carried to a Spanish
port, and that the Spanish tribunals
! were taking jurisdiction over the per
sons of those found on her, and exer
cising the jurisdiction upon American
citizens, not only in violation of tn,
rules of international law, but in con
PREVENTION of the provisions of thu
treaty of 1895, | directed a demand Il
be made upon Spain for the restora
ton of the vessel and for the return
of the survivors to the protection 0
the United States, for salute to tn
flag, and for the punishment of tn
offending parties.
"The principles upon which thes
demands rested could not be seriousl,
questioned, but 1t was suggested b,
the Spanish government that Their
were grave doubts whether the Viz
ginius was entitled to the characte
given her by her papers, and tina
therefore it might be proper for thu
United States after a surrender o
the vessel and her survivors, to dis
pense with the salute to the flag
should such. fact be established t
their satisfaction. This seemed rea
sonable and just. I therefore assent
ed to 1t, on the assurance that Spail
would then declare that no insult h
the flag Of the United States was In
tended"
Why did President Grant deem tn
suggestion OF Spain that the salut
be dispensed with just and reasonable