The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-11-25
&c. there on other matters as the drawback frauds


Should il be determined to rest the seizure on the
grounds now preferred In the libel it IL believed by
some that the government may ind some dimcu.y
in proving their side OF the case or at least that
Spain will have no difficulty In disprOving 1t. Inc
theory advanced Is that these gunboats being espe-
cay designed for service In shallow water VIII re-
eve the Spanish feetnow stationed around the siana
OF Cuba and this formidable force VIII then be In
condiuon to serve other points, the unsettled and
"dormant' stale OF war still existing between
Spain and Peru pointing to the latter country as the
probable objective point OF the Spanish feet when
ever released from duty In Cuba. Those who
advance this idea pretend to believe that such
condition OF things Is not within the scope ana spirit
OF the neutrality laws OF Congress, ana that the
courts will In all probability rule to that elect; ana
they assert, also, that the count omitted from the
libel at present. that these gunboats are destined for
hostile against the colony OF Cuba, IS the only
to rely on, and that on 1t alone the gov eminent
could hope to succeed In OBTAINING this gunboat
otilla and preventing 1t to leave port THESE state
ments are here repeated for whatever they may be
worth.
WHAT MR.. DrLAMATER SAYS
Mr. Cornelius Ii. Delamater, the contractor for the
building OF these vessels and owner Of the Deamater
Iron Works on West Thirteenth street and North
river has preparing for the seizure OF the boats
ever since he was informed through the HERALD of
During Tuesday and yesterday forenoon everything
movable was taken out OF the boats and stored in
the warehouses or hts works. Carpets, crockery,
table and kitchen furniture, bedding curtains,
lamps, Tools sails, yawls, yawlmasts gun carriages,
| in fact, everything portable was taken out leaving
| nothing but the hun, masts, tackle and engines.
One OF the boats yet in the dry dock to be cop
pered BY order OF Mr. Delamater, work on the YES
| sci was stopped yesterday morning and sne was
towed to where all the Others lie about noon and
moored alongside Of her companions.
In conversation with Mr.. Delamater he did not
seem to apprehend much delay, nor did he look
| upon the proposed seizure with anything ike
dread. He claimed that the boats were not
Spanish vessels Ct. Oh as yet; that they
were his own Individual properly. He had
built them under contract with the government OF
Spain, ana had received portion Of the contract
price, but the precise amount lie would not state.
He has not yet delivered single vessel to the Span
sh representatives or to any other person for then
and until ne did so. he claimed the whole notilla as
his and mis- exclusive property He will at once
take the proper steps to appear in the cause as
claimant and interpleader." and insist that the in
terdict be raised the libel dismissed, the writ OF
seizure vacated ana the boats returned to his posses
sion and custody.
THE SEIZURE.
Shortly before three O'Clock yesterday afternoon
the writs of seizure and the required number OF
copies were placed in the hands Of United States
Marshal Harlow, who, ct hali-past three p. NJ,
accompanied by Deputy Marshal Wilson, proceeded
to West Thirteenth street and North river, where
they arrived at four O'Clock. The Marshal imme-
diately sought an interview with Mr.. Delamater,
whom he informed OF the object Of his visit notify
ing him OF the seizure and serving inn with the
prescribed notice on 'monitionn to appear in court
and prefer his claim why the vessels should not be
condemned as forfeited 70 the United States in con-
formy with the prayer Of the libel Of information.
The Marahal then proceeded to the dock aud too1
formal possession Of tue thirty gunboats by vrlue OF
his writ
At that time worknen were engaged on nearly oil
OF them In various occupations, principally painting
BY direction OF the Marshal these workmen were
ordered or the vessels as no one except the officers
Of the government are allowed on board of them.
Mr. Delamater inquired OF Marshal Harrow whether
he would not be allowed to go on with the work,
since complete stoppage entail heavy pecunlary
| loss on his sub-contractors. The Marshal replied
that hiuIseu mad no objection to such course,
| but he had no authority In the matter; he would
consult the United States District Attorney, his
directions and inform Mr.. Delamater Of the result by
| noon to-day. Deputy Marshal Wilson was left in
| charge OF the boats and Marshal Harlow left the
| scene OF his interesting official iabors.
Ever since the gunboats had been seized by an
extra judicial order from the President last summer
| the United States gunboat Maria was ordered by
| Admiral Godon, commanding the Brooklyn Navy
| Yard, to watch them. she is still In POSITION
athwart the dock, foot OF West Thirteenth street, In
| command or Ensign John Blocker with a full
crew, reinforced by some sailors from the Vermont
| having up steam constantly and her gun, shotted
| The Ensign commanding has orders not to let any
Of the boats leave their moorngs Without special
/ from IN m In of nhadi-
ence to take all necessary measures compel COM
| pliance with his orders, even to the extreme Of
| sinking the disobedent vessel
Marshal Harlow, on leaving the boats, proceeded
| to the Brooklyn Navy Yard with view OF prevail
| ing upon Admiral Godon to let the Maria remain
in her present position subject to the orders OF the
| Marshal, as It would be less expensive to keep
strict watch and control the seized vessels by
means Of the gunDoat than by placing Deputy
Marshal in charge OF each Of the thirty vessels II is
believed that the request Will be granted.
CONDITION OF THE GrNBoATs.
Six or seven OF them are In such forward condi.
ton, that they could have been got ready Tor sea
within twenty-four hours. All that they needed
were the ofncers and crew and q. sunlciency OF
coal. The former have arrived in the Spanish war
steamer Pizarro, and are now in this CITY.
the latter has been contracted for ana Is ready for
delivery ct a moments notice. The usual stores
were all on boards but as stated above, have again
been removed previous to the seizure. Ten OF the
boats expected to be ready to sail In about a
weeks time and the rest in from three to four weeks
THE COUNSEL IN THE CASE.
The government viii be represented in this i'm
portant International litigation by the United states
District Attorney, assisted by Mr. f. B. Phelps his
first assistant MIR. Delamater has retained as his
counsel to urge his claims as lnterpeader Messrs.
Webster and Craig. Yesterday afternoon, about the
time that the seizure was made by Marshal Harlow