The case of the Virginius had in it elements of tragedy that made it more spectacular and dramatic than that of the Maine, and American spirit was worked to an even higher tension than it is now, before diplomacy and caution averted a war between the United States and Spain.  In the case of the Virginius the facts of Spanish aggression were in no way denied, but, on the contrary, avowed for a time with pride, until the authorities at Madrid subdued their people, who were making a settlement more difficult by their talk.  The only controversy was as to whether or not Spain’s action in the matter was within its rights.  But the settlement, however it might have left the rights of the vessel still unsolved, was a rebuke to Spain, and for its execution of American citizens with scarcely a formality of law Spain has never been forgiven by those who remember it, whatever diplomacy decided as to being satisfied.

The Virginius was originally an English-built sidewheel steamer called the Virgin, and during the war between the States was one of the most famous of blockade runners until captured by a vessel of the United States.  In 1870 she was sold in Washington to an agent of the Cuban Junta at New York, her name was changed to Virginius, and she cleared for Curacoa in the West Indies.  From that time till her unhappy fate she was never in United States waters.  At Aspinwall and in the ports of Venezuela and the West Indies she was known for three years as the most daring and the most successful of filibusters, making repeated landings on the Cuban coast with supplies of arms, ammunition, food and clothes for the insurgents who were then fighting the Ten-Years’ war.  In all her filibustering it was claimed, however, that the Virginius never lost her character as an American ship, though the Cuban flag was kept at the masthead whenever that practice served any good purpose.

The vessel sailed on the fatal voyage from Kingston, Jamaica, October 23, 1873, having cleared at the United States consulate as a United States vessel bound for Port Simon, Costa Rica.  The commander was Captain Joseph Fry, a citizen of the United States.  The cargo was made up of munitions of war for the Cuban insurgents, and the crew was part of Cuban and part of American citizens.  There were also on board a number of enlisted men on their way to join the insurgent army.

It was not until October 31 that the Virginius approached the coast of Cuba to make her landing, and was intercepted by the Spanish gunboat Tornado.  The Tornado had been built by the same English firm that constructed the Virginius, also for blockade running, but in the race that followed the Virginius was unable to equal the speed of her Spanish pursuer.  The chase lasted eight hours.  Finally, at 10 o’clock at night, the Virginius was stopped and surrendered in response to the cannon shots of the Tornado, which had come in range.  The captain protested that his papers were regular and that the Virginius was “an American ship, carrying American colors and papers, with an American captain and an American crew.”  In response he was told that he was a pirate, his flag was lowered and trampled upon, and the Spanish flag was hoisted in its place.