Show by J telegraph sa raph 1 AMERICAN the ing is the opi nion o attorney gen I 1 eral williama in in the virginius case 64 department of justice washington dec 17 to hon lish vish secre secretary tart tary of state sir 1 I have the favor tu to ak acknowledge now tl the e receil rece ip of f your tour r letteron lette the instant t 9 submitting I 1 fo to in me 6 a large number of documents and depositions and asking for my opinion nion a as to whether or lot not the he virginias ginbus gi at the aime time of her capture ture by the spanish mati man of war tornado was entitled to carry the nag hag of the usand tt S ind whether or not hot she was carrying it lt improperly and without right mitat at the tiko time ome chese questions anise arise under the protocol of the ull uil between the SPA spanish minister firster 1 Af and the the secretary of state slite in which other uther thing things sit jt Is s agreed tot fot 0 that haton on the insl spain shall shail salute the flag of thou theu the U 8 abut ut it itis is further provided that if spain sain should prave prove to the th n e satisfaction satisfaction of the US that the vi th q 1 was not entitled tp carry the fl flag g octha united states andaas carrying carrying it at the time oc her capture aad a d im tha the salu willbe abeita spontaneously desp en e atha in la sueh such case edse not being balb n r but the united med led sta states te tes 9 will eap exp mgt net in such ease a di disclaimer of an intent of if indignity indeli anity to its flag I 1 in the acl act which was committed section I 1 of 0 eab t 0 of f dec 31 1792 provides thai that ship shig j sor bor or vessels registered pursuant tsuch ait achand an d no other except such sach as shall be duly qualified according accor dilu bild to law adv idor fo carrying carty carry lug on the coast cenit coasting 16 ng trade and denominated or lee deemed Iee ined ships or vessels of the untied sates bates shail shall be entitled to the ts and arki arl privileges v appertaining th A sueh such i ich ships section 4 of the same act pi provides olides an oat oath 1 by which among other thin thines things s to ob obtain ix the tho registry raghu y of or a I 1 vessel v i sel sei the owner p j required to sw swear r t that at t there ere is no noa ca subject or citizen of a foreign prince or S state te directly or bj by way iva y of trust or otherwise ln interested luch pr vessel or in thep rons rona oc or issues thermon thereof ther eor oreno orebo vessel in which t por for einno Is directly or indirectly interested is entitled to a U S registry and if one is obtained by naise math path on om that poi pol poin nit t ii hen the fact as that the vessel 1 I ja Is owned or partly owned by foreigners she cannot be bo dee deemed nied a vessel of the U S or entitled to tho the benefits or privileges I 1 appertaining to such vessel the Virg virginius mius was registered in new york on the seth of septem ber ben berl bedl 1870 in the namo name of patterson who made oath as required by law but the depositions submitted abundantly show that in fact patterson was not the owner at a that timeout time but that the vessel was the property of o f certain cuban citi citizen zeus in new yew T e v 5 V ork who furnished furnish edthe tiie tile necess necessary iry funds for her purchase J eshee herd who commanded tho the said vessel when she left new york rk with the certificate of her Te register gister in the name of patt Pati enon cron testified positively poUf vely that thab ho he entered into an agreement to corn coin command mand the said kaid vessel at an interview between quesada Ques aday adal mom mora patterson and others at which it was wag distinctly understood that the belonged to Que quesada mora morn and other cubans and that the said mora exhibited to him the receipts for the purchase money and for the repairs and supplies upon sald said iid ild lid steamer and explained to him how bow said baid funds were wore raised among the cubans in ln new york adolphe adoiphe de varona who was secretary of the cuban mission in new york atthe althe abb abt tho the time the virginius Virgin iuT was wms purchased and who afterwards sailed in her as Que sadas chief of staff testified fles fleA that ho he was acquainted with all the tho details of the transaction and knows that the virginius was purchased with the funds of cubans and with the understanding and arrangement anan arian gement that patterson should appear as the nominal owner because could not obtain united states register for a a vessel francis nowen howen charlea charier smith edward greenwood 3 john mccann acca un mathew murphey am brose rawling s s thos 33 gallagher john furlong Furlo furio hg thos andersen and und geprge W V miller who were employed upon tho the virgillus Virgin lus ius in vari ou ous oua capacities after afier she was registered I 1 a tho the name namo of patterson testify clearly to the effect that thal they were informed inform edi edl and understood while they were upon the vessel that she belonged to quesada and the cubans W represented resented b by y him hina and that lie navigated controlled and treated such vessel in all respects as though it was his prop erty nothing appears to weaken the force of this testimony though the tile witnesses were generally general y su subjected ajeo to cross examination but on ov the contrary all the circumstances circumstance S of the case tend to its corroboration with the oath for registry that the statute required a bond had to be given signed by tho the owner captain and one or more sureties suret buret leg but there were no sureties upon tho iho bond given by patterson shepherd nal pal pains bains ns have haver been taken to ascertain if there was any insurance upon the vessel but nothing of the thy kind hasteen has been found and Que quesada sadaf varona and other cuban passage geu gou upon C in the virginius Virgin fus lu instead stead of going at aboard oard at the charfin charrin the usual asual wa way went aboard o ow olt W d a tug after aften the vessel had left tho the harbor of new york I 1 cannot do other wise than to hold hoid upon dence that pattersons Patter sons sours baur was wae false and that the register obtained in bf his name was a fraud up udon upon anthe arthe the navigation laws of the tha ha united states t assuming the question tobo tobe to bo what appears to conform to thein thel tent of the protocol whether or not hot ahe nhe the tho reinius Virgini vt f uth at the tinis finis of her ller capture had a right asu agu gain united states to carry the tiie anteri alrieri can van flag I 1 am of the opinion that she nad had no such right because bhe had not been registered according accord log to law but I 1 am also of the opinion that she sho sile was as much exempt from interference on the high s ou ess by another power on that ground ai though S she he had been lawfully regi f Spa inno doubt has a right to capture a ve vessel weel rwei with an american regist register erand and carrying an american flat flag when found ia in her own waters watery assisting or endeavoring to assist an insurrection in cuba but she has haa no right to capture such vessel on the high seas upon apprehensions that in violation of the neutrality of the navigation laws or the united un I 1 ted states laws she was on her way to assist said rebellion spain may defend her territory and her people from a hostile lio iio stilo visit from what is or appears to be an american vessel but sho she has no jurisdiction whatever over the question as to whether or not such vessel is high 1 I gh seas in violation of any law of the united states slates spain cannot rightfully raise that question as to the virginius but the united states may and as ag 1 I understand the protocol they have agreed to do 16 it and governed go veined by that agreement and without admitting W that spain w would ouid otherwise have any interest in the question I 1 decide that the ane virgi lu a at t the tile time of her capture yr was without the rif right lit ait to toi toj and nasr improperly carry jean ican nag flag 1 1 l ivr y 4 res eth c sigfid t geo IT t abom j gereral Ge nerae ueraL cirigano Ciri GAGO SS 2 0 j earth d ou u 1 gid mid 1 semb age 0 ieda lefi U 0 ardnt of tab tb to dight night uil uli a where the I 1 in U make a demo damo if egr wbk df 0 broadas bre bread adas one ono trana archey I 1 S I 1 I 1 hed w bosty germans ej all wre wry N I 1 represented theira committee itte led leu 1 byn bya b r a lawyer adv e rii ril aus rus 8 C r L 6 au j NY by the tho th e ey y asked for work fo uhe the agmen n and pay fro cj dt y or im I 1 if lieu ilea I 1 thereof that thet the elt cit city eive give t tl heiri heili reca ieca tood and alid slid sile shelter lter lIer till t they ey codi if nind find work the rn atter atten aas was referred to a special coni molt rolt ree and n I 1 the iid lid who areto ay ingmans ing mens e ns porn m lufte for at tidor to marrow mirrow A strong rong force was wag were ivere iv ere ero nou not repaired reg alred aired ild the tho he wd was ih c couii co a L Q karm vua yuo cheered and arid fla fia haug Houg ghedi hed occasionally i a bitter yell yeli being keln kein uttered after hearing hb ke report ort orb of thel th eo tee the ibe crowd dispersed quietly ry the gor vor work york 1 ingmen ing ang men made a iv demonstration by vy a procession ti today to day A a thousand strong after being add addressed feed reed by gen sam sabi F cary caryan iglio 0 counseller counselled coun selled them to moderation they temy called 6 an ri the the masor mayor iN when we c exchanged though the labb laborer de dw bounced the tho r u of their theli wanes wage 4 by my tn city liev BW li 11 orrt 2 11 aliew jeas today toda to day da gniA granted ted an forler forier retura able abie toymon to alorro fotr against a sheriff b ariff breh brennan rinn rinh and iii lit nis his s de deau ly Shi I 1 elus quiring requiring them to cange why they tiley should not ilot be punished ifil raaf coti tempt in gi d rd lagi 6 r der of bf 6 chenek ba 1 the TheAr trial triai lii lil ot ex masor mayor m I 1 latall allani commenced today to day abd tha the work vork of aj a jury is progressing it appears ahat on Sa saturday furday ajl tas t lie lib asis tan t distri dr sidi sidd ct attorn ey vy ra rote hihi hibi that genet would attempt ati empt escape 2 an ali order was ae r e I 1 saturday for the e Q of f genet in the tombs until uj ati the sen ben tente tence drw but burthe jhb of order of the bourl coure was wa tt ait edby edify edlay 1 the 1 ori orl kec tec 00 t 0 e th f genet 0 ya 0 whish did jid b ad een eph ida lda ae d 1 avii I i arm amm ro w as filled wl d S in 00 ai tl le vf of polla 01 de BF iea f 6 6 ory dry 1 pu oday o doy day 9 arad d jays vass ira iwa his hia ile li 6 ruibo I 1 ts is I 1 stin still 11 I 1 6 ti 2 alth theaky theady adhn aniual dinue dinne of tb deew ngia agla 1 n d society acrel was held heid h el d tuise t fil ele ule aej eeli tam tom jodeh n t A A wona those p resent rg dedd elj Sher she shermain Q main mair av Ev IR evha HW it Bee nee getcherl pee Pet crier cherl guage hnidy atly aily ht anad annd d ju afi dge ad datys davys I 1 the tho thorun Thorin cy eyVette W qa g lc legra grani I 1 gives all an a a count doubt af q ino ano sar of file flie prisoners ty C commander Br alrie the bf tife mai jai gid it appears alpeat that the tho 4 author to an fn last faid boor poor chesin L av their prospective pro s ipe i active yel tel ease wad WAH bi 1 nhu manty led them to b iu suppose they tiley we r tobe executed priests were with them batting ness fess fessio lobi hs and d dying igla I 1 dubla de eai eal cai ipa ifa pUo and an di imploring in ta QU for pardon they were kebre laiken butt but of or prison in despair but oli oll way ay fal the slaughter pen pon as the they supposed ed their e eres eyes yes ves an fot fn unon upon 06 tile a flying ilyin oti ce L cht ted states thes they realized tha th truth a scene occurred which beggars description 1 their enthusiasm n sin kney knoy no bou bounds lids they were speedily transferred to tor tbell the eckla rot cot the auti anti gave verify totne to 0 tue 66 most extravagant t bu but bub P mont rations bf br joy embracing le I 1 each other so some gome nie hie crying some k kissing Ls and othora audibly oti ering thanks to tho al fat alt heir deliverance from the horrors or M of their dun dungeon duncon eon con and the prospect of an ignoll ignominious inious death on the the tho night before the sur the officers bersand and crew of the tho juniata were stationed at their quarters her guns q beings turned on the city bt tho h span bail jbf ish volunteers having been n elci ted tod to an open riot by the rumor that tho the surrender was to take blace iaco A ajar of volunteers befit wen tisha liia lifa addy r to the gover oreace or pace and begged permission td attempt the ia capture 6 of t the tho junia olm cir d saving t they V cou could d db it with theil knives alone but tile ille Q gover P I 1 f elu dd abi tb grant gran 9 ard pt tha t the aali ral ekl lari ws wili made in ehrner earnest and mgt r f ew argret regret that if itt was not riot a entertained on bertal didd fidd as ah the 0 uno uni m wd alone nob not tb speak of the kan zan an isaa sw hii hil dinni would w abild have been more tui tri fig fit za iha tha hat I 1 wn a matche for their their assailants a 1 on da bf of th the 0 pinta hf jabr tago fago ca cameto thesbit the ship arone amine zon zor the paymaster ta j glie sue stil all the blankets ana and ae kuthe tits fits department or t e eg w who io were hardly fit nt to beben be een in iff their theil rags this kha kia speedily wa r abne dt but they were great destitution or orders d came ednid for fon ali ail all till the men on abdi anguili bodrie to ului I 1 b g blankets and rl parel in the god good bause banse T us and 4 a promise pra m e f ww a s made ia atal atai would bo ros replaced p 1 alv ace e d onabe on the arrival of orthe tho the at aey ey west the officers and meni meri cheerfully thi arder gly gix preferring perri ferri nd that le L issued as a reU reubest red best fest iun fri which case cuse they bould haye haya bayed etith ith just as is much alacrity ald crity every biery heaxt heart was touched byth pitiable p condit condition loir loit of the prisoners 1 the abor fellows report iffat barbarously barousky treated r t plabe alabe I 1 LC at moro more atle sit six molle toile s jutow 0 w santiago K f belfit t the ane I 1 prisoners ers ery it was reported in sant bant santiago la 0 thap j ibe jt aund found that tiie tife the md ri vur r gin f ni us i had bad baon b een to eci out of the ji a abarge number um 0 fuavai fu wavid aval ol of agh high gradet grade tendered their t to 0 t bb eav telegraph pil all the bigg s day opy asa thos at af reduced wages the tho ollee i persed thoi thol ana arrested therit thorit i jk leaders trev NEW 2 A to I 1 UI tilo tribune from rey key wis con talus tha prisoners i dt santiago nth tile tiie aflee r 4 alfe tife be boarded arodd the vir ganius bua iba ohe obe of them in jn hauling drieth ts i the tho TJI gilted states ath t es t torn 1 it trampled on it assar an hu oath 1 abi thi I bik is N uati nati nat riat I k have wanted ranted ll 11 aln cuba ak seri beri oils olis 0 O niya miya alya a ercla ago twenty give five citizens ere arrested arres fed ancl after a trial wil wll huran cy lance b bing adduced agal agai aga pst ns tem ti they werd were told to in e yng wag wac yay they were b ar i laft a rid nd kp kyed ked 0 only ane ne eick I 1 dhe dho d ho he w wa as riddled with ith bullets A w cans are con jives lives and aliat teat that athing has to their wron 1 coin ain aln american bul bui t ogo ago as ashore ft or ling a inq tia tim and vil all ail albrig the rid rii I 1 th e spaniards ard ard aro electing I 1 i tida 8 timey timea wash ivash pel vel eidl s the official a admission d 13 |