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1 Steamer Virginius. Message from the President of the United States, Transmitting Documents and Correspondence Relative to the Capture of the Steamer Virginius, and Proceedings Subsequent Thereto. January 5, 1874. - Referred to the Committee on Foreign Affairs and Ordered to Be Printed 1874

handle is hein.trials/adco0001 and id is 1 raw text is: 43D CONGRESS,     HOUSE OF REPRESENTATIVES.              Ex. Doc.
1st Sessbn.               -No.-30.
STEAMEIL VIRGI-NIUS.
MESSAGE
FRO THE
PRESIDENT OF THE UNITED STATES,
TIRANSMI'TTING
Documents and co'respondenee rieatire to the capture of the stearter Vir.
ginins, and proceedings subsequent thereto.
.jAiu.iY 5, l74.-Referred to the Committee on Foreign Affairs and ordered to be
printed.
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 Virginius, which had been telegraphed in cipher, should be
received, the papers concerning the capture of the vessel, the execution
of a part of its passengers and crew, and the restoration of thdi~hip and
the survivors would be transmitted to Congress.
In compliance with the, expectations then held out, I now transmit
the papers and correspondence on that subject.
On the 26th day of September, 1870, the Virginius was registered in
the custom-house at New York as the property of a citizen of the United
States, he having first made oatb, as required by law, that he was the
true and only owner of the said vessel, and that there was no snldject
or citizen of any foreign prince or state directly or indirectly, by way
of trust, confidence, or otherwise, interested therein.
Having complied with the requisites of the statute in that bi-half,
she cleared in the usual way for the port of Curagoa, and on or about
the 4th day of October, 1870, sailed for that port. It is not disputed
that she made the voyage according to her clearance, nor that, from that
day to this, she has not returned within the territorial jurisdictiou of
the United States. It is also understood that she preserved her Amer-
ican 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, she 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 fly that flag, and to
claim its protection, as enjoyed by all regularly documented vessels reg-
istered as part of our commercial marine.
No state of war existed, conferring upon a maritime power the right