The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-11-25

ling OF the 9unboats ana that Mr. Fish, with unusual
bluntness answered that the President had resolved
prevent the departure OF the fleet for reasons that
could not yet be furnished TO make this plausible
the story teller related how the Spanish Minister de-
manded an explanation In naughty and excited
manner which stirred UP the Knckerbocker spirit OF
Secretary Of State and caused him to answer In
style that he would not have used but for the provo
cation given by the representative OF Spain. have
very excellent reasons for knowing that there Is not
one word OF truth In this. Indeed any one ac-
quainted with Mr.. Roberts, who IS an extremely
cautious, cool and wary diplomat, knows very well
that he would not under any circumstances conduct
himself IN the manner represented. He Is TOO much
OF diplomat and man Of the world to lose his
temper. Though Spaniard, he does not display the
national exctability credited to his people, But
aside from this merely personal reason, know that
no such heated interview occurred.
Another story Is that Senior Roberts to-day made
formal demand for the release OF the gunbOats In the
shape OF u courteous diplomatic note addressed to
Mr.. Fish. But am also reliably informed that there
little truth in this as in the former story. The
fact is just as I autographed you last night. that
Senior Roberts has never contemplated making any
such protest at all. nor has he been urged by his
government to do so. What he may do In the event
OF the condemnation aid forfeiture Of the vessels Is
quite another question. Then he may find 1t his
duty to demand from our government either the
surrender OF the gunboats or reimbursement
for the money already paid over to the contractors
during the progress OF construction. Senior Roberts
may be instructed by his government that Spain
will not accept our Interpretation OF the Jaw;
that it regards the idea OF dormant state OF war;
with Peru as one not sanctioned by the law OF
nations, and that our government must accede to
either one OF the two demands to wit:-Surrender
pended in their construction. But even this proba
Bile action Of Spain is very much doubted here in
quarters where the question is the subject Of mature
deliberaton. In such quarters it is considered that
Spain would not attempt to take the ground that
she had right to interpret our neu-
traity laws. That such thing would be simply
ridiculous In view Of the fact that the question is
one pertaining entirely to judicial tribunals aud not
to the Executive of either country Then as regards
reimbursement 1t IS held that Spain could only look
to the contractors for her loss and not to the gov
ernment; that our citizens coul Id not plead fgnor-
ance Of the law any more than spain herself; that
such citizens might assume o contract vtolative
Of our law must bear the consequences, and that
spain herself, being party to the contract must
necessarily be without redress either in our courts
or from government This. in brief, is the light
in which the matter Is regarded here.
Fish, There Is no doubt such an interview occurred
today but what was said ana done has not trans
pired. think it IS safe to assert, however, that
there was nothing that could be magniea even into
q speck OF war. Senior Roberts has had many inter-
views with Secretary Fish about THIS matter, but
they have oil been Of a pacific nature. Before the
night perhaps may be able to give you som
specific information about the interview, which
creates such excitement.
good deal OF misrepresentation evidently exists
concerning the true meaning OF this libcling pro-
cedure and it is worth while to correct 1t, to some
extent at least. You may be assured that the ex-
PLANTATION contained in my despatch last evening is
the true one, and that all the verbose statements
that have appeared are mere exaggerations and mys-
tllcations. There IS no war meant. The govern
ment merely takes this last step for the purpose OF
clearing away all doubts existing as to the true
meaning OF neutrality laws. 1t does il now SIM
ply because 1t Is the proper moment The vessels were
not completed before. and there existed necessity
until now have them belled. In TACT 1t is mis-
take to that they held al all heretofore
rue contractors were merely notified that the ves-
sells would not be allowed to depart from the coun-
try without permission from the proper authorities,
ana precautions were taken by the Navy Depart
ment to that this notice should be obeyed. But
none OF the vessels attempted to leave, and 1t was
finding the vessels SO far advanced towards
completion, had prepared by an attorney
q sort Of protest against preventing their
departure. This protest, which is quite
lengthy, was sent here to Secretary Fish,
ana was fact the very thing that led to the order
Tor hbeng the vessels The matter was laid before
the Cabinet was fully discussed and the conclusion
arrived at was that the government could not pre-
vent the departure OF the vessels without having
them libelled according to law. Mr.. Delamaters
protest stated among other things, that should they
not be allowed to depart he would not receive from
the Spanish government the amount still owing
to him, which Is $500, 900 in gold. A copy of this
protest sent this morning Dy Mr. Fish to Colonel
Freyre the Peruvian Minister. The following is Mr.
Fish's letter.
WASHINGTON, d. c., Nov. %, 1860.
SIR-lierewith l have the honor 20 enclose for
your information the protest OF Cornelius Delamaer,
OF New York, against the further detention OF the
steam gunboats constructed by him for the govern
ment OF Spain. and TO state that in view of the i'm.
portance which this matter has assumed 1t has been
determined to let the decision rest with the
OF the United states having jurisdiction OF the sub.
Jecl. am, sir. with nigh consideration your obed
ent servant, HAMILTON FISH.
In this protest IL will be noticed that the words
further detention" used, as If the vessels had
in point OF fact, heretofore been detained which,
strictly. is not the case, as explained above. The
Peruvian Minister has had nothing whatever to do
with this movement except in so far as he was the
original complainant; but 1t is expected he viii be
an active participant the legal proceedings, as he
will called upon to furnish proof Of the destina-
ton OF the gunboats and the purpose FOR which they
are constructed. II Is further understood that
Colonel Freyre, the Peruvian Minister, Will have an
interview with Mr.. Fish tomorrow, when some
thing interesting may transpre.