Order—Distribution of Payments Related to the Virginius Affair

Whereas, pursuant to the convention between the United States and Spain for the adjustment of the question of reclamation arising from the capture of the Virginias, entered into upon the 27th February, 1875, and duly ratified upon the nth day of March, 1875, the Spanish Government engaged to deliver to the United States the sum of $80,000, or 400,000 pesetas, for the purpose of the relief of the families of those of the ship's company and of such of the passengers as were citizens of the United States who were executed, and to afford compensation to such of the ship's company and to such passengers as in like manner were citizens of the United States who were detained and suffered loss, excluding from any participation therein all individuals indemnified as British subjects; and

Whereas it was therein further provided that when such amount should have been received the President of the United States would proceed to distribute the same among the parties entitled thereto, in the form and manner which he may judge most equitable; and

Whereas such amount has been duly paid at Madrid and the proceeds thereof are now in possession of the Government of the United States:

Now, therefore, pursuant to the provisions of article 3 of said convention, I, Ulysses S. Grant, President of the United States, do hereby direct that such amount so received shall be distributed among the parties entitled thereto in the following amounts and proportions and pursuant to the following rules:

I. The amounts allowed are determined with a general reference to the rates of wages of officers and crew. All of the ship's company (constituting the crew) are to be regarded and considered as American seamen; but inasmuch as the British Government has demanded and received from

Spain certain indemnity and promises of further conditional indemnity for and on account of certain of the crew as being British subjects, those of the crew or passengers who were British subjects, or who have been claimed as such by the British Government, and for whom the British Government demanded or received indemnity from Spain, are to be excluded from the distribution to be made of the indemnity above referred to.

II. Distribution will be made on account of those who were executed as follows:

For each one (being thirteen in number) of the ship's company rated or serving as fireman, mariner, cook, cabin boy, or otherwise than as one of the officers or petty officers hereafter mentioned, who was executed, and excluding those referred to above, and also to each passenger who was executed, being at the time an American citizen, the sum of $2,500.

For each assistant engineer, second, third, fourth engineer or third mate, 40 per cent in addition to the above sum; that is to say, $3,500 each.

For the first mate and first engineer, 80 per cent in addition to the said above-mentioned sum; that is to say, $4,500 each.

For the captain, 150 per cent in addition to the said above-mentioned sum; that is to say, $6,250.

III. The several amounts allowed as above are to be paid to the widow, children, parents, or brothers and sisters of the deceased, as follows:

(1) To the widow of the deceased.

(2) If no widow, to the children of the deceased in equal shares.

Where such children shall be minors, the same shall be paid to a legally appointed guardian.

(3) If no children, then to the father; if no father, to the mother.

(4) If no father or mother, then to the brothers and sisters in equal shares.

(5) If the deceased shall have left no widow, child, parent, brother, or sister, no amount is to be paid on his account.

There shall be allowed to each of the ship's company and to such of the passengers as were citizens of the United States who were detained and suffered loss, to be paid on the conditions hereinafter provided, as follows:

To each of the ship's crew who was under the age of 21 years at the time of the capture, or who was reported at the time as under that age, and to each passenger who was an American citizen, the sum of $250.

To each of the ship's crew who was over the age of 21 years, and who was rated as being a fireman, mariner, cook, cabin boy, or otherwise than as one of the officers or petty officers hereafter mentioned, 40 per cent in addition to the above-allowed sum; that is to say, $350 each.

To any engineer, second or other assistant engineer, mate, purser, assistant purser, or surgeon, 86 percent in addition to the above-allowed sum; that is to say, $450 to each.

In case any of such persons so entitled to payment shall have died, such amount shall be paid to the family of the deceased as provided in Article III.

IV. The proofs as to all the necessary facts in each case, including identity, relationship, and citizenship, shall be made to the satisfaction of the Department of State as a condition of payment, and a naturalized citizen, where proof of citizenship is necessary, shall produce his certificate of naturalization and furnish satisfactory proof, if required, as to residence and his right to such certificate.

V. Payments will be made to the parties entitled thereto through the Department of State, or in checks to their order, and will not be made to attorneys.

VI. Prior to any payment being made the party entitled thereto shall sign and duly acknowledge before some competent officer a receipt and release, stating that the sum so paid is received in full satisfaction of any claim or reclamations of any sort which may exist or which might be advanced against the Spanish Government by reason of the capture of the Virginius or the acts of the Spanish authorities connected therewith.

VII. Should any further order or direction be required, the same will hereafter be made as an addition hereto.

In witness whereof I have hereunto set my hand, at the city of Washington, this 21st day of July, A.D. 1875, and of the Independence of the United States of America the one hundredth.

U.S. GRANT