The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-11-23

court OF admiralty and maritime Jurisdiction pre-
all the proofs IN the possess OF the govern
/ ment and have the International character Of the
vessels in question and their status under the neu-
trality laws OF Congress Iuly and authoritatively
determined. For this purpose Judge Pierrepons has
been instructed. in nil onlcial capacity United
States District Attorney to institute proceedings at
once IN admiralty against the thirty Spanish gun
boats and TO obtain heir forfeiture to the United
| States for breach OF the neutrality laws.
These instructions reached the District Attorney
| yesterday morning by telegraph from washington,
and all the afternoon AID evening Judge Pierrepont
and some OF his assistants and clerks were busily
employed In the preparation or the necessary CON-
plants. called in the technical pnraseoogy OF the
law "libes,n against these boats. These libels or
complaints will be presented to the United States
District Court, sitting II admiralty this morning.
Wrts OF seizure aud notices to the interpleaders, II
there be any, viii be ssacd, and in the course Of the
day the United states MARSHAL win take legal pos
session Of the Spanish funboats, subject to the final
| judgment OF the Court
| The most important part OF this contemplated
| proceeding are the grounds on which the govern
rests claim totne forfeiture OF the vessels.
The libes will be based upon the third section OF
the act OF Congress OF April 90 1918, commonly
known as the Neutrality act which reads as fol-
iows:-
That IL any person shall within the limits OF the
United states, fit out a arm. or attempt to Mt out
ana arm, procure TO be lifted out and armed, or
shall knowingly be concerned In the furnishing,
nttlng out or arming Oh any ship or vessel with
ntent that such ship OF vessel shall be employed IN
the service OF any ioragn prince or state, or OF any
colony, district or people, TO cruise or commit hos
Titles against the SUBJECTS citizens or property OF
any foreign prince State, Of any colony, dis
trlct people, with wl0m the United States are at
peace or shall issue or deliver commission within
the territory or urisdon or the United States Tor
| any ship or vessel TO tne intent that she may be
| employed Aforesaid. every person SO offending
! snail be deemed gailE OF high msdemeanor, and
snail De fnel not more tnan $4,000, and I'm
pr Soned not more than thrcesyears and every such
ship or vessel with lG tackle, apparel and furni-
ture. together with all Aateriais, arms ammunition
ana stores which may have been procured for the
building and equlpmelf thereof shall be forfeited;
one nah TO the use OF me inIormer and the other
half 10 tue use OF the Ullted states.
On reading this section OF the law 1t Will have
been noticed that 1t ploniDlts and Furnishes the fit
ting out of vessels by a0reign prince or State col
ony, district people, to cruise or commit hostili-
ties against the subjects, citizens or property Of
colony, district or people" with whom the United
States are at peace. The addition Of the words
colony, district or people," Of such high sgnifca-
ton at the present moment, was made because the
decisions OF the courts under the previous neutral
ity laws, which had not these words-especialy In
the leading case OF Gtlsten vs.. H0yt-gave rise to
many Inconvenience arising out OF the long pro-
racted revolutionary vars Of the Spanish colonies
In America against Spain. 1t, Ia now determined,
and Judge Pierrepons Is preparing, to take adj
vantage Of these WORDS Of the law, and hence the
'libe" by the government against the thirty gun
boats Will alege two grounds for then seizure and
forfeiture
FrSt-That they are intended TO be used against
foreign State, with whom the United States are at
peace, to wlt-the repablic OF Peru; and
sr,ot ;vta
commit hostllities against the citizens and properly
or colony or people With whom the United States
are at peace, to wit the colony or people OF the
island of Cuba.
In the latter clause lies the great importance OF
the step resolved upon for to-day. 1t draws clear
distinction between the 'foreign State,n Spain,
which fitted out the vessels, and its "colony' the
people OF Cuba; 1t seregates as 1t were, Cuba the
colony and Its people from the state Of which 1t IL
colony and, IN effect, places both upon an equal
footing as regards the rights of bellgerens
in o neutral country. Hence, though not
In express terms, it is In ultimate results,
and may be called q quasi recognition OF the
Cubans belligerents; for by ths act the govern
ment OF the United States declares unreservedly,
that this country being peace with the people OF
Cuba" they have certain rights In ports which
this government, under the law, Is bound protect
whether they are sought TO be inIrnged by Spain
by any other "foreign" prince or State. IL Is for
these reasons that the conclusions arrived at by
President Grant and the administration and the
action to De taken to-day assume unusual proportions
In international aspect for Spain will undoubtedly
consider 1t an ''unfriendy actn the part Of this
government thus to separate the people Of q colony
from the sovereign, and to declare that, being at
peace with, that people, they should not be mo-
Tested or subdued by means OF vessels Of war fitted
out by their own sovereign in American ports.
The Spanish never dreamed that our government
would pursue such course. They were sure that
mere demand, made in formal way would at once
lead to the delivery to them Of their vessels They
had made all preparations to take them out of port
in the course OF the present week. The armament
for the thirty boats and arms and ammunition had
been shipped from here time ago. and is already
In Havana awaiting the arrival OF the gunboats to
be transferred on board OF them. On Saturday last
a Spanish war steamer, the Pizarro, carrying six
guns arrived here and brought full complement
Of Spanish sailors and marines, with the necessary
officers, TO man the boats. These forces OF SPAN,
1t was reported at .lhe District Attorneys ONCE,
were landed yesterday afternoon and are now in
this city, preparatory to be ordered on board
the vessels TO take them to Cuba. The TACT
that these forces have arrived here Just about
the time the Spanish Minister at Washington made
his demand shows it to have been preconcerted
movement, and also that the Spanish authorities
feared no refusal to their demand, otherwise they
would have twice bethought themselves before they
undertook to make the city OF New York Spanish
naval station from whence to operate and carry on
hostllitles against the people Of Cuba, with whom
the United states are OF peace.
The proceedings to be instituted to-day Will be in
admiralty only, known in law as "proceedings IN
rem, or against the things seized-tbat is the
vessels-and the Judgment, II 1t be favorable to the
views taken by the government, will be decree of
forfeiture OF all the thirty gunboats to the United
States for breach Of the neutrality laws. Atpresent
1t believed not TO be the intention Of the federal
authorities to prosecute criminay any of the per.
sons concerned In the building or fitting out OF these
vessels; but what subsequent Developments may
bring forth cannot now be forctold