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Show LATEST DESPATCHES THE VlUt.lMr.S At FA I It. The Attorney Gcuerol'ii Opiuiou. Washington, 22. Following is the opinion ol'Attornoy General Williams in the Virginias case: Department of Justice, Washington, Dec. 17. To Hon. Hamilton Fish, Secretary of State: Sir: -I have the honor to acknowledge ack-nowledge the receipt of your letk-rof the 11th hist., submitting to mo a large number of documents and depositions, dep-ositions, and asking for my opinion as to whether or not the Virginias, at the time of her capture by the Spanish Span-ish man-of-war Tornado, was entitled to carry the flag of the I'nitcd States, and whether or not she was carrying it improperly and without right at that time. These questions arise under tho protocol of the 20th ulto., between the Spanish minister and the Secretary of Stato, in which, among other things, it is agreed that on the '2Ttth mat. Spain shall salute the flag of the United States, but it further provided that if Spain should prove to the satisfaction of tiie United Uni-ted States that the Virginhm was not entitled to carry the flag of the United States. and was earning it at the time of her capture without right and improperly, im-properly, the salute would be spontaneously spontan-eously dispensed with, as insachcase it being unnecessary and unrcquir-able: unrcquir-able: but the United States will expect in such case a disclaimer of intent of indignity to its flag in the act which I was committed. Section 1 of an ot Dec. 31, 1792, provides that ships or vessels registered register-ed pursuant to such act and no other, exce'pt such as shall be duly Qualified according to law for carrying on the coasting trade and denominated or deemed ships or vessels of the United Suites, shall be entitled to the benefits and privileges appertaining to such ships. Section -i of the same act provides pro-vides for an oath by which, among other things, to obtain a registry of a vessel, the owner is required to swear that there is not a subject or citizen of a ioreign prince or state directly or indirectly by wao of trust or otherwise interested interes-ted in such ship or vessel, or in the profits or issues thereof; obviously, therefore, no vessel in which a foreigner for-eigner is directly or indireetly interested inter-ested is entitled to a U. S. registry, and if one is obtaiued by a false oath, as that point and fact is that the vessel ves-sel is owned or partly owned by foreigners, for-eigners, she cannot bodeemed a yes-sea yes-sea of the United States, or entitle to the benefits or privileges appertain-t appertain-t ng to such vessel. The Virginias was registered in New York on thc2uth ofiSeptember, 1S70, in the name ol (I'aiterbon, who made oath as required by law; but depositions depo-sitions submitted abundantly bIiow that in fact Patterson was not the owner 'at that time, but that the vessel was hc property ol" certain Cuban citizens in Jsew York, who furnished the necessary funda for her purchase. J. E. Shep- hard, who commanded the vessel when she left New York, with a certificate cer-tificate of her registry in the name of Patterson, testified positively that he entered into an -agreement to command com-mand said vessel, at an interview be-Quesada, be-Quesada, Mora, Patterson and others, at which it was distinctly understood that the Virginiu.i belonged Lo (uesa-da, (uesa-da, Mora, and other Cubans, and tkat said Mora exhibited to him the receipts re-ceipts for the purchase money and for repairs and aupplios upon ! the said steamer, 1 and explained I to him how said funds were raised among Cubans in New York. Adolph de Varona, who was secre tary ot the Cuban mission in New York at the time the Viruinnts was purchased who aflerward's sailed in her as tjuesuda'a chief of staff, testifies testi-fies that he was acquainted with all the details of the transaction and knows that the Virginius was purchased pur-chased with the funds'of Cubans and With the understanding and arrangement arrange-ment that Patterson should appear as her nominal owner because foreigners foreign-ers could not obtain a United States register for a vessel. Francis Bowen, Chas. Smith, Edwd. Greenwood, Jno. McCann, Muthew Murphey, Ambrose Rawlings, Thos. E. Gallagher. John Furlong, Thos. Anderson and George W. Miller, who were employed on the Virginius in various capacities after she was registered in the name of Patterson, testify clearly to tiie effect that they were informed and under stood while they were upon the vessel that she llonged to Qucsada and the Cubans icprescnted by him, ud that he navigated, controlled and treated such vessel in all respects as though it was his property. proper-ty. Nothing appear to weaken the force of this testimony, though witnesses were generally subjected to cross-examination, but on the contrary contra-ry all the circumstances of the case tend to its corroboration. With the oath for registry the statute required a bond to be giyen, signed by the owner, own-er, captain and one or moce sureties, but there were no sureties upon the bond given by Patterson & Shepherd. Pains have been taken to ascertain if there was any insurance upon the vessel, hut nothing of the kind has been found, and t Juesada, Varona, and other Cubans who look -passage upon the I'n-gniiny, instead of going on hoard at the wharf in the ' usual way want aboard off the lug I alter the v.wl h;td left tho harbor of i New York. can not do otherwise than to hold upon this evidenre that Patterson's oi'th I'.ds", and that the register obuiu'd in tn name was a fraud upon the navigation laws -of the Unwind Unw-ind States. Afsumini; the question to be what appears to conform to the : protocol, whether or not the Virginia i at the time of her capture, had a right as against the United States to carry the American flag. 1 am ol the opinion that she ktjpt no mien right, beeause she had not been registered according fo law, but I am also of the opinion that she was as much exempt from interference interfe-rence ou the high e:is by another power on that ground, as though she had been lawfully registered. Spain, no doubt, has a right to capture a vessel with on Ameriean rgi-t-er and carrying the American Hag found in Iter own waters assisting or endeavoring endeav-oring to a-ist the insurrection iu Cuba, Cu-ba, hut she luip no right to capture such a vessel oji the high eeiu. Upon apprehensions that in violation of the neutrality of navigation laws, she was on her way loosest said rebellion Spain may defend her- .own territory fuuU her own people from a hostile visit, from what is or or appears to bean American vessel, but she li;is no jurisdiction whatever over the question us to whether or not such a ve-acl is on the high seas in violation of any law of the tCi;ited States. Spain cannot rightfully raise that question as to the Virginia, but the Lnited Statts inav, and as I understand un-derstand the urotj !".! Il.m,- agreed to do it; and governed by that agreement and without admitting fiat Spain would otherwise liavoany interest in tho question. I decide that tho Virginian, at the tima of her capture, w.is without the right to' and was improperly carrying the American Ameri-can flag. Very respectfully, (signe-d) Geo. H. Williams, Attorney General. |