Rensselaer Union, Volume 6, Number 17, Rensselaer, Jasper County, 15 January 1874 — THE VIRGINIUS AFFAIR. [ARTICLE]

THE VIRGINIUS AFFAIR.

President Grant’! Message to Congress Relating to the Virginias Controversy. The President, on the sth, sent the 'following message to the Senate and House of Representatives: In my annual message of December last, I gave reason to expect that when the full and accurate text of the correspondence relating to the steamer Virginfus, which hod been telegraphed in cipher, should be received, the papers concerning the capture of the vessel, execution of part of its passengers and crew, and restoration of ship and survivors would he transmitted to Congress. In compliance with expectations then held out, I now transmit the papers and correspondence on that subject. On the 26th of September, 1870, the Virginius was registered in the Custom-House at New York, as the properly of a citizen of the United States, he having first made the oath required by law that he was the true and only owner of said property, and that there was no snbjcct or citizen of any foreign Prince or State directly or indirectly, by way of trust, confidence, or otherwise interested therein. Haying complied with the requisites in the statute in that behalf, shcclearcd, in the usual way, for the port of Curacoa, and on or about the 4th of October, 1870, sailed for that port. It is now disputed that she made the voyage according to her clearance, and that from that day to this she has not returned within the territorial jurisdiction of the United States. It is also understood-that she preserved her American papers, and that when within foreign ports she made the practice of putting forth a claim to American nationality, which was recognized by the authorities at such ports. When, therefore, 6he left the port of Kingston in October last, under the flag of the United States, she would appear to have had, as against all powers except the United States, the right to liy that flag, aud to claim its protection, as enjoyed by ail regularly documented vessels registered as part of our commercial marine. No state of -war existed conferring upon the maritime powers the right to molest and detain upon the high seas a documented vessel, and it cannot be pretended that the Virginius had placed herself without the pale of law by acts of piracy against the hurntiu race. If her papers were irregular or fraudulent the offense was one against the laws of the United States, justifiable 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 hud been hauled down by the captors; that the vessel had been carried to a Spanish port, and that the Spanish tribunals were taking jurisdiction over the persons of those found on her, and exercising that jurisdiction upon American citizeus, not only in violation of international law, but in contravention of the provisions of the treaty of 1795, I directed a demand to he made, upon Spain for the restoration of the vessel and for the return of the survivors to the protection of the United States; for a salute to the flag and for the punishment of the offending parties. The principles upon which these demands rested could not be seriously questioned, but it was suggested by the Spanish Government that there were grave doubts whether the Virginius was entitled to the character given her by her papers, and that, therefore it might be proper for the United States after the surrender of the vessel and survivors to dispense with the salute to the flag should such facts be established to their satisfaction. This seemcj to be reasonable and just. I therefore assented to it on the assurance that Spain would then declare that no insult to the flag of the United States had been intended. I also authorized an agreement to be made that, should it he shown to the satisfaction of this Government that the Virginius was improperly bearing the flag, proceedings should be Instituted in our courts for the punishment of the offense committed ngainst the United States. On her part, Spain undertook to proceed against those who had offended the sovereignty of the United Btates, or who had violated their treaty rights. Their surrender of the vessel and survivors to the jurisdiction of the tribunals of the United States was an admission of Hie principles on which our demand had been founded. I thcrefoic had no hesitation in agreeing to the arrangement finally made between the two Governments, an arrangement which was moderate and just, and calculated to cement the good relations which have so long existed between Spain and the United States. Under this agreement, the Virginius, with the American flag flying, was delivered to the navy of the United States at Bahia Honda, in the Island of Cuba, oh the 16th uit. She was in an unseawortliy condition. In the passage to New York she encountered one of tlfb most tempestuous of our wiuter storms. At the risk of their lives, the officers aud crew placed in charge of her attempted to keep her afloat.. Tlieir efforts were unavailing, aud she sunk off Cape Fear. ’ The prisoners who survived the massacres were surrendered at Santiago de Cuba on the 18th uit., amd reached the port of New York in safety. The evidence submitted on the part of Spain to establish the fact that the Virginius, at the time of her capture, was improperly bearing the flag of the United States, is transmitted herewith, together with the opinion of the Attorney-General thereon, and a copy of the note of the Spanish Minister, expressing, on behalf of his Government, a disclaimer of any Intent of lndigtiity to the flag 6f the United States. (ffigned) U. 8. Grant. '' o -