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(1873) Moore, Digest of International Law, Vol. 2, 895. In 1873, the Virginius, a vessel flying the U.S.

flag and having a U.S. register, was while on the high seas chased and eventually captured by a Spanish warship, and taken to Santiago de Cuba where 53 of those on board were courtmartialled and executed, ostensibly on charges of piracy. Spain asserted that the vessel was engaged in assisting insurgents in Cuba. The United States protested, and in November 1873 Spain agreed to return the vessel and the survivors of those on board, to investigate and punish those who might have infringed Spanish laws or treaty obligations, and at a future specified date to salute the U.S. flag unless, before that date, it was established that the vessel had not been entitled to fly the U.S. flag; for its part the United States also agreed to investigate the lawfulness of the vessel's U.S. registry and to institute legal proceedings in respect of any violation of U.S. law that might be revealed. The U.S. Attorney General's investigations revealed that, at the time of her capture, the Virginius was improperly flying the U.S. flag, but that, even so, Spain had no right to interfere with the vessel on the high seas. The salute to the U.S. flag was accordingly dispensed with. In March 1875, Spain agreed to pay $80,000 for relief of the crew and certain passengers of the Virginius and their families.

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