The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-11-23
REFUSAL OF THE GOVERNMENT
Proposed Seizure of the Vessels To-
Day by Order of the United
States District Court.
Quasi-Recognition Of the Cubans as
Beligerents.

AUG pcOple VI Ills country VIII Uc 6tbTucu tiliS
morning to ascertain through The columns Of the
BERALD that the atoms Of the United States with
Spain are about to reach crisis owing to the con-
tinuance Of the revolution In Cuba. Though as yet
there need be no fear OF o diplomatic rupture at
least not OF such nature as usually succeeds the
occurrence Of q cdsus beiH, stu the facts which
have transpired since Saturday, ana which are
10resnadowed for 10 day, are full warrant for say
ing that the relations OF our government with that
OF Spain have assumed such delicate character
that decision one way or the otner must now i'm
peratlvely be reached. The suspense Is about 10
come TO an end and the oft repeated question,
"What WIN the government do with regard to
Cuba :" 1t Is expected viii receive decided answer
to-day. What that answer is to be the following in
formation which can be vouched for as perfectly
liable, more 60 IN fact, than many similar newspa-
per reports usually are, Will disclose.
The Spanish Minister at Washington received, IN
the course OF last week. positive Instructions from
his government to make formal demand in decided
terms upon the Secretary OF State Mr. Fish, for the
immediate release and delivery 10 him. on behalf OF
Spain, OF the thirty Ruhboats which have been built
partly IN this city and partly at Mystic, Conn.,, and
all OF which are now lying in the East river, In this
harbor, opposite the foot Of Thirteenth street, re-
ceiving their fittings ana machinery. The Spanish
representative at proceeded to comply with his
instructions. and on Friday last at an interview
which he sought with Secretary Fish, he presented
to that gentleman document containing the de-
mand he was instructed to make.
This, 1t should be said, Is no mere idle rumor, and
although the document Is religiously watched over
In the Department Of State, or rather in the Pres
dents private office, andits precise language cannot
be given, yet SO much is certain, that the demand
was 30 formal, conched in such terms, that but
the alternative left
1t once to accede to 1t and surrender the gunboats
TO the representative of Spaln or apply to the
proper judicial tribunals Of the country have the
character OF these vessels determined by legal pro-
ceedlngs and under the law Of the land. To sur
render the gunooats without judicial inquiry. 1t
was lelt by all the members Of the administration
and by none more SO than by President Grant, was
utterly out OF the question: The general sentiment
Of the whole country Is In sympathy ana accord
with the revolutionary movements in Cuba, tending
to sever the connection or the island with Spain as
Q dependency and to erect it into an Independent
republic, gravitating with undeniable certainty
towards the United States. Hence public opinion
wonld have revoted against such submission to
the demands Of Spain as the surrender OF the gun
boats without legal investigation In court OF
competent jurisdiction. That alternative was there
fore, not only inexpedient and impractIcable but
the public mind on the Cuban question.
The other alternative was judicial investigation.
1t viii be recoected that towards the close OF last
summer the Peruvian representative at Washington
called the attention Of the government officially to
she fact OF the building OF these gunboats for the
Spanish government; that there was a dormant"
state Of war existing between Peru and Spain and
that actual hostlites between the two countries
might at any moment be resumed, and that there
was probable cause to believe that these gunboats
building In the United States, specially designed and
adapted for coast service might be used against the
republic OF Peru, q. State with which the United
States were ut peace. Upon this statement, for
mally and officially made with view OF calling
upon our government to interfere in the matter and
to execute the neutrality laws, the President Or
dered the United states Marshal OF this district to
seize the boats and prevent their departure until
further orders. This comma nd was faithfully exc
cuted and the boats seized, was fully detailed in
the columns Of the HERALD at the time But, while
these gunboats thus taken under the charge OF
federal officers, no opposition was made to their
being completed and fitted for sea, and work upon
them has been uninterruptedly continued since,
until now several or them are ready to sail and all
the rest are preparing soon to follow
The seizure Of these boats at the time It was made
last summer was, II may be sald extra-judical and
In direct obedience to the Presidents orders. NO
warrant Of seizure was issued by any Judge or COM
missioner or the federal courrs no case was made
for judicial inquiry and none was had. The Mar
shall Kept strictly within his instructions from WASH
ngtOn, kept close eye upon the vessels to prevent
any Of them from leaving port without permission
of the government, but In all other respects he kept
aloof from interference with The builders and con-
tractors.
IN,
Spain for their Immediate release and delivery, the
AFFAIR has assumed quite different more important
more serious aspect 1t is believed, for such has
long ago been reported the intention Ct the Span
ish government that The latter has gwen the most
solemn assurances that the vessels will not be used
against Peru when leaving the United States. II
that be the case, then the government cannot any
longer hold them back under the extra-judlcIal pro-
ceeoing and without any decisio2 order OF court
OF law. This complication of the case called for the
most serious consideration on the part OF the Pres
dent and the members Of the administration. And
here come in the facts, the consequences Of which
will be developed in the course Of to-day.
A special despatch from Washington to the
HERALD, published on Sunday last, informed the
public that Judge Edwards rerrepont suddenly ar
rived ct the capital on Saturday morning aud as
suddenly departed again for New York In the even
Ing that during the present week some very impor-
tant developments might be expected; That the adj
mnstration resolved to act at last in regard to
Cuba, and that Judge Pierrepont did not deny that
Cuban affairs had something TO do with his visit to
washington.
The statements in this despatch, though more or
less alphabetically given were based on we'll
grounded facts Soon after the Spanish Minis
ter had officially made his formal demand
Sor fho do, Of w
munica,ed to the President short consultation
was had between him and several OF the Secretaries
and Judge Pierrepont was at once telegraphed for.
The Judge received the call late In the afternoon
Friday last, and without any unnecessary delay he
hurried or In the night train to Washington, where
he drove straight to the White House and remained
IN conference with the President Secretary Fish and
one or two other Cabinet officers. What transpired
o. this conference only those who took part In Il