There is no evidence whatever to show that she committed any overt act, or did anything that was contrary to international law.
She cleared from Kingston, Jamaica, on the 23rd of October, 1873, for Costa Rica.
As President Grant said in his message to Congress, January 5th, 1874, 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.