The New York herald., 1869-12-08
TIE SPANISH GUNBoATs.

/
THE SPANISH GUNB0ATS.
<~->~-<>~>~-~>s~--~~~,~-----
| Deinmatcr's Protest Against tho ScixurO-Au
| Alleged Plot 10 Burn the Ships by Cubun
| Partisans--Acsion Of the Government Based
| Upon the Representations of tho Minister oi
Peru-The Boats to DO Used n Guard
Around Cuba.
| The following is the full protest or Mr.. Deiamatsr
syains. the further detention OF the Spanish gus.
! toats-
United States or America. State or Ne,o York. Cyp
and County or NeU FORK. ss.:-
! TO all to whom these presents shall come-I. II.
J. Beyiey notary puolic In and for the State OF
| New iork, duly commissioned and sworn, send
Know ye that on the goth day Of November in
the year 1859. before appeared Cornelius ii. Della
mater, and being by me duly sworn according TO
law, voluntarily, ireeiy ana soiemuiy declares and
deposes as foiows-that IL to say
kuyt-Inat the undersigned ID citizen OF the
OF New YORK. and is engaged In the city OF New
iorE In the business Of manufacturing engineer and
Sscond-Tnat In the ordinary course OF his busi-
ness he on or about the sd day OF May, in the
1869, undertook and contracted with Captain Haiael
de Aragon, on the part Of the government Of Span
to construct. build and completely furnish thirty
steam gnnboatS ready Tor sea within eight months
Tnira-Inat oy tae express terms or such under
taking and contract the aforesaid boas remain the
property OF the undersigned until all payments
amounting 80 more ,haa $s00,000 In gold, remain
unpaid therefor whereby the undersigned has great
F0urth-rnat he u informed ana believes that
certain parlsans IN this city, OF the insurrection III
the Ioressid snps Of war Sy re or other means.
and the consequent destruction OF the large amount
OF property winch the underslgned has theren tnat
the crowded aud exposed CONDITION In which the
said boats now e In the haruor OF New YORK cxctes
serious apprehensi0ns on the part OF the under
signed; that Rncn threats and VIII be Dut into
desperation Of these cuban partsans 10 the United
81 ses az ns o . n,sd sna ~ a
matters Of recruitment ana military expeditions
from this port against nation with which this gov
ernment ID on terms OF peace and Alnty aud or tine
policy OF incendlarsm which now Is said TO charac-
terlze the acts OF the insurgent CuDans In Cuba.
FJfh-fhat lnthe month 0f August last the under
signed was informed by General BARLOW, then Mar
shal Of the United States for the southern district Of
New Srs ina, no 81 nad been ana n asced
Aforesaid boats, whicn seizure he thereupon pro-
ceeded TO make. bus subsequently permitted the
undersigned was at thas time informed and now
believes tnat such action on the part or the Execu
tive was based o representation OF the Minister
OF Peru. resident Washington, that the said boats
were to be dlled out ana armed wtnin the limits OF
the United % cruise nd a.
against the SUBJECTS cltizens or property OF the gov
ernment OF Peru, which representations the under
signed has reason to know had no basis on fact, the
Aforesaid boats having been ordered, constructed
aud adapted. as the undersigned has been Informed
Island Of Cuba IN pr0tecton OF the autnoriy OF the
government OF Spain IN that island and for no other
purpose whatever. and are so peculiarly constructed
by their light draught Of water, small size aud In
capacity or carrying the Sufficient amount OF fue
provisions ana stores to render them unsuited to
Slzh-That in making the seizure OF the boats
Aforesaid, Marshal Barlow neither exhibited nor
pretended 70 have any process or warrant Of attach
ment issued by any court OF the United STATES
authorizing him to make the said seizure, Dut iustl.
lied his conduct upon the executive order transmitted
kv &rdar Inn srnat af nm
lSeUsntn-Tnat although the aforesaid seizure was
made many months slnce no judicial proceedings.
to the knowledge Of the undersigned, have been
begun In any court OF the United States to enforce
execute tine prohiptions and penalties or The Neu-
traJy act OF Apru 20. lS1S the provisions OF which
the Minister OF Peru asserted TO the govern
ment OF tho United states, as the undersigned 10
informed and believes had been or were about 80
be Violated by the Aforesaid gunboats and therefore
the undersigned has been unable Dy judicial nves-
tgatlon sucn as IS usual in seizure for al
true u the Aforesaid Siegat9n OF the Minister oi
Whereupon tue said Cornelius H. Delamatcr does
by these presents solemny and publicly protest
against aforesaid aud against the Iurther
detention OF the said gunboas and ne HEREBY warns
all persons interfering therein on benalf OF the gov
er2nent OF tue United States, the government OF
Peru, to enforce the said seizure and detention. and
prevent tho delivery OF the said boats TO the con
That he snau hold them aud each OF them respon-
sibe for oil losses, costs, charges. expenses. dam
ages anu injury Wnlcn ne, tue SAID Delainater mas
already sustained, incurred been put into execu
ton, or may hereafter pay sustain, incur or be put
into W on account OF the premises.
CORNELIUS Ii. DELAMATER.
In witness whereof have hereunto set my hand
ana Otnclal seat the day and year nrst ABOVE
wrlLten. H. J. BEGLEY,
Notary Public State OF New York.
motion Will pe made In tho United States Court
to-day reease the Spanish gunboas on the ground
that according to the rules OF war and OF interna-
tional law expounded and observed by all nations
the relations between Spain and Peru peaceful;
that the vessels being OF light draught would not be
capable Of completing voyage around Cape Horn.
which they would have necessarily to make were
they to be employed In q hostile expedition against
Peru on the west coast OF South America.
The case will doubtless be fully argued. and some
Interesting Developments are expected.