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 had
been hauled down by the captors; that the vessel had been carried to a
Spanish port, and that Spanish tribunals were taking jurisdiction over
the persons of those found on her, and exercising that jurisdiction upon
American citizens, not only in violation of the rules of international
law, but in contravention of the provisions of the treaty of 1795,
I directed a demand to be 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 the survivors, to
dispense with the salute to the flag, should such fact be established to
their satisfaction.
This seemed 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.
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