The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-11-25
CABIN, spain and the United States.


The action of the government in Selling and
''libeling, as in technical legal language it is
called, the thirty Spanish gunboats is Of much
moreimportance, both as regards Cuba and
the new Interpretation of international law
than Is generally supposed. Our readers know
that the Spanish government had built, or, to
use more precise language, had contracted for
the building OF, thirty gunboats in the United
States. Fifteen were constructed at Mystic,
ten at Brooklyn and FIVE at Greenpoint. When
those that were first finished and ready for sea
were about 10 sail the government forbid them
leaving, and placed guard over them to pre-
vent their escape from American waters. This
was done ostensby upon the representation Of
the Peruvian Minister that peace had not been
established between his country and Spain, and
that these gunboats might operate directly or
indirectly against Peru. This was, as matter
of form and to fulfil the conditions Of diplo-
matte correspondence, a sufficient reason at
the time. But the Spanish government, being
anxious to get the gunboats ont to make war
upon the Cubans, and having shipped their
armament to Cuba, avowed its readiness to
make pledge that these war vessels should
not be used against Peru. The government at
Washington, however, still held the gunboats
under surveillance. Now, when all are COM
pleted, formal demand has been made by
Spain for their release Upon this the Presi-
dent sent for Mr.. Pierrepont the United States
District Attorney for New York, and gave him
instructions to seize anew the whole fleet,
to ''liber' it, in the phraseology Of the law,
and to submit the case to the United States
District Court sitting as court of admiralty
and maritime jurisdiction. 1t will be seen,
then, that the disposal and future movements
of these gunboats await the decision of the
United States Court.
The feature in this action Of the government
which deserves special notice is the new Issue
raised, while the old one with regard to Peru
is not abandoned. The new ground of refusal
| 10 let the gunboats 60 and to libel them is
that the neutrality laws prohibit the fitting
| ont of any vessel to cruise or commit hostili-
ties against any ''colony, district or people"
with whom the United States are at peace
| OF late years no such application or interpreta-
ton of the neutrality laws has been made.
The law has only been applied to protect the
subjects, citizens or property Of any ''foreign
prince or State" with whom the United States
are at peace from war vessels or warlike expe-
ditions fitted out in American waters. In
former times, it is true, the government did
extend the protection Of the neutrality laws to
o ''colony or people" at war as well as to the
subjects, citizens or property Of foreign princes
ard States. An example Of this was seen II
tie case Of the Venezuelan priyateer Josefa
Segunda, in 1920. Venezuela was then o
colony Of Spain, lighting for its independence,
as Cuba is now, and had not been recognized
by the United States as belligerent power
yet when the privateer, Josefa Segunds
brought into an American port Spanish mer
chant vessel as prize of war The United
States Supreme Court decided against the
application of Spain for the surrender Of thi
captured merchantmen, on the ground tha
war actually existed between the colony o
Venezuela and Spain. The prize was declared
lawful property Of the insurrestionar.
colony. though there had been no recog
milton of the bcligerency of the insur
gents by The United States. II should b
remembered. too, that the present neutralit