The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-12-11
THE SPANISH CUADOAN.
THEIR UNCONDITIONAL RELEASE
The Action Of the Peruvian
Minister.
Cessation OF HOstiiities Between
Spain and Peru.
THE END OF THE LITIGATION

United States governments was maze yesterday Ia
the United States District Court before Judge
Blatchford The court was crowded by number
OF persons ANXIOUS to hear the arguments OF the
ease.
Mr.. Z. W. Stoughton, counsel for Mr.. Deamater
the claimant said that the motion was made
upon the ground that state OF war no longer
existed between Spain and Peru. Founded upon
the idea that state Of warfare existed between
Spain and Peru, the government authorized the
District Attorney TO seize those gunboats upon the
theory that they were designed TO be used by Spain
against Peru, country with which the United
states was at peace There was now evidence 10
snow that war no longer existed He (Mr.
stoughton) thought the District Attorney would
hardly be disposed TO resist the application.
District Attorney Perrepont sad as the case had
not been before the Court In any formal way It was
proper to state how the libel had been filed. The
Peruvian Minister. last summer. notified the secre-
tary OF State that those gnnboats being built
for the purpose OF committing hostilltles against
Peru which republic was OF war with Spain; and II
not intended to be used directly against Peru that
they were intended to relieve other ships OF war
blockadlng Cuba, and thus Indirectly that they
being fitted out against Peru, with which the United
States was at peace II remained under Executive
order until II thought desirable the part OF
the government tuat they should be Immediately
brought INTO court Inc libel proceeded on the
ground that the United States was at peace with
Peru and that spain and Peru were at war; more.
over that these gunboats fitted out In American
waters or the purpose OF making against Peru,
with which this country was peace lie had within
o few hours received instructions from Washington
copies OF the notes that had passed between Peru
Wan and Spanish Ministers AID the Secretary OF
State in reference to the matter at issue It ap
peared that the war between Spain and Peru no
longer existed and for that reason the government
did not feel disposed and did not feel at liberty
press the libel any further, since the cause had
ceased to exist upon which the libel was granted.
Mr. Stoughton thought it proper to add to the
motion, which was simply TO discharge the boats
that the libel be altogether dismissed, in order that
the whole proceedings may be disposed OF and the
litigation brought TO an end.
The District Attorney said he was not moving 10
dismiss the libel. He could not take any further
acton in the matter except that If the motion was
granted the gunboats should be discharged. He did
not see that there was anything further IN II.
Mr.. Stoughton said 1t was not OF any consequence
what form OF order might be maze SO long as the
motion was granted.
Judge Batchford said 1t was matter OF consider
able importance. II the government chose 10 dismiss
those bels OF 1t right TO do SO ana let
the whole thing fan; bur the question OF the dis
process was quite different thing and ne should
feel very reluctant to establish rule or precedent in
suit OF rem. before the libel was returned. Upon
principle 1t struck him that the discharge OF the
property seized open to object ION. He knew OF
one case IN which that was done and very serious
prejudice was done by 1t some years since. This
was q suit III rem. Next Tuesday was the da or
Lhe return and he did not see how the boats could
be discharged before that time provided the process
was regular upon its face. In OF regular libel
ana regular process, where the return has been
issued, how the court could discharge 1t before the
return day he was unable 10 see. II the government
chose 10 withdraw dismiss the libel entirely, OF
course 1t had right TO do SO. Under all the crcum-
stances, however, ne disliked very much to estaD-
lsh any precedent or principle which might be in
violation or the sound principles OF jurisprudence.
Nj. stoughton remarked that II was so utterly Inn
probable that any claim or lien to the properly
would be made at any time other than that orth
In the i1pel that he presumed the District Attorney
could offer no objection. The case had been aban-
doned ~ the government and there was no reason
under the circumstances why the gunboats should
not be discharged In view Of the great expense In
CURED IN keeping these vessels and the great hard
ship entaled upon the claimant 1t was not asking
too much OF the District Attorney to assent 70 the
dismissal OF the hoel. He was sure the District
boats upon imagination. The government had now
no claim upon the boats, and "a the charge in fact
was not TO be maintained he asked that the proceed
ings be dismissed. Az the libel could last only
day as IT were, was not unreasonable 10 ask that
II De entirely abandoned, and thus relieve the claim
ant from further embarrassment.
he District Attorney said he could only repeat
that the government mad had no Information from
anybody that tnere.was any other claim made
cept that set forth IN the libel which was granted
OH the ground that the United States at peace
with Peru and that Spain was at war with Peru 1t
was moved III consequence OF the notes or the Peru
Wan Minister giving such nformsuon But he (the
District Attorney had just received from Washing
ton documents from the Secretary OF state. such
copies OF notes as passed since the ming OF the libel
between the spanish and Peruvian Ministers and
clearly and distinctly, that whatever war may have
existed it mad now ceased TO exist and for that
reason the llbes should not further be prosecuted
That was all he had to state about the matter The
government did not intend to prosecute He was
advised That the war had ceased and therefore he
could not resist the motion. The exact mode or
form OF gaining tue end he did undertake TO
suggest aud he accordingly left 1t TO the Court to
determine 1t was the desire OF the government
that the boats should be discharged In formal way
through the Court.
Judge Blatchford said that In this case party
Drought forward litigation setting forth his cause
OF acton: II the proceedings then were to be dis
missed the usual and only course was 70 withdraw
the acuon and not to ask the Court 10 determine
whether he had decided properly In coming TO that
conclusion. Here was an Official statement that the
government had action In order 10 prose-
cute tue SUIT; but that the Court should be asked
to decide upon something III connection with IL az
an anomalous administration OF justice.
The District Attorney Intimated that the only EN-.
barlassemelt arose from the fact that he was there
simply on the motion The Court had heard the
mouon and tine reply TO 1t, and the only matter
before the Court was the question OF grantingit.
Judge BlatchiOrd said that 1t was not a proper
moon, aud he would hear the arguments In order 70
satisfy himself as 10 to granting 1t.
Mr. Stoughton said that alter the statement made
by the District Attorney tnat the prosecution mad
been abandoned IL seemed To him that the case, H.
voying deep questions, was at end. The District
Attorney could easily dispose OF 1T by doing now
tnat which he certainty would do herealter-consent-
ing that the libes be dismissed That relieved the
Court from all emoa rrassment suggested. The Dis
trct Attorney consented to the discharge or the yes.
Sells on the ground that the foundation upon which
the government resteI had disappeared.
The District Attorney said from the Dispatches
winch he received he was informed that the
government did not intend further TO prosecute.
War no longer existed between Spain and Peru and
II was because OF that war that the libels were
originally hled II the Court were now sitting In
hnnnlialty ne would state chat the government had
no cause Of action for the libel and under the advlces
"ouid not attempt to sustain IL.
suuse Batchford, after some further discussion,
insue the following order:-The United States Of
sI,ea VS. certain Runboat now lying at pier No.
T rs river, her tackle, &c, known as gunboat No.