74,
she was under the flag of the United States, and 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 registered as part of our commercial marine.

Still quoting President Grant, no state of war existed conferring upon a
maritime power the right to molest and detain upon the high seas a
documented vessel, and it could not be pretended that the Virginius had
placed herself without the pale of all law by acts of piracy against the
human race. (And yet this very thing is what the Spaniards, without
rhyme or reason, did claim. Ever since they have been claiming what was
false, as for instance their reports of the victories (!) in the
American-Spanish war. By so doing they have made themselves the
laughing-stock of nations, for, although they never hesitate to lie,
they do not know how to lie with a semblance of truth, which might be,
far be it from us to say would be, a saving grace).

If the papers of the Virginius were irregular or fraudulent, and frankly
they probably were, the offense was one against the laws of the United
States, justifiable only in their tribunals. However, to return to
facts, on the morning of the 31st of October, the Virginius was seen
cruising near the coast of Cuba. She was chased by the Spanish
man-of-war Tornado, captured, and brought into the harbor of Santiago de
Cuba on the following day.

One hundred and fifty-five persons were on board, many of whom bore
Spanish names. This was made a great point of by the Spanish
authorities, although as a matter of fact it proved nothing.

This action was not only in violation of international law, but it was
in direct contravention of the provisions of the treaty of 1795.

Mr. E. G. Schmitt was at that time the American vice-consul at Santiago,
and he lost no time in demanding that he should be allowed to see the
prisoners, in order to obtain from them information which should enable
him to protect those who might be American citizens, and also whatever
rights the ship should chance to have.

Mr. Schmitt was treated with the utmost discourtesy by the authorities,
who practically told him that they would admit of no interference on his
part, and insisted that all on board the Virginius were pirates and
would be dealt with as such.

And indeed they were.

The Virginius was brought into Santiago late in the afternoon of