New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-11-25

York OF the day oNOvemer year
until &c claim 'ned hs Ts,.s, are sCR,d fcps oedsS &c.
IsSAI masters persons charge
The Attachments for the vessels themselves 90 in num-
Der, the ordinary printed form, filled In. But
they in the custody OF Marshal Harlow and win
custom Before the Marshal left he conferred viii, MT
Deamater, who had meantime arrived. and with Ensign
day at least After leaving the Delamater Works Mar.
with Admiral Godon Il will be several DAYS before the
necessary arrangements can made In reference to the
biiy is that the course foreshadowed by yesterdays
TRIBUNE Will be taken The watenmen, t%o 10 eacn
night the Marshal having disturbed none OF the details
OF mr Deamater the naval ior the care
and preservation OF the vessels.
THE AFFIDAVIT oP IGNACIo ALFARo-THE LIBEL AND
ORDER THB MARSHAL.
The following is the aldaviton which the United States
authorities based the bels served yesterday against the
Spanish guDboats
ss-IgnaclO Aaro being duly sworn deposes and says:
l. 1 q resident Of the City of New-Yofk, and now
know Of my knowledge, and do declare, that the
colony district known the Island Of Cnba and the
people thereof. now at war with the Government
OF Spain, and that war IS and was, at the times
hereinafter mentioned being ,Taged by the saa
and people aforesaid and ! do further de-
at S all the tmes hereinafter MENTIONED a; peace with
said colony, and district, and people Upon my h
irst day Of June. 1862 the Government Of SPAIN by
means OF certain of its officers and agents. whose names
unknown to me, entered into contracts In writing
with Cornelius Delamater, American cltlzcn re-
siding in the City Of NewYork and Others his partners
in business whereby the said Government employed te
said Deaater and his said partners build and NJ out
and arm and the said Deamater agreed to build nj out
gOn an officer in the navy of the said Government Of
spain thirty steamships vessels or Gunboats TO be EN-
plOyed the of said Government OF Spain
cruising and committing hostes against the subjects
some Of said vessels have been built by said Delanater
according 10 said contract, In the City OF New
Of Connecticut by persons emroved ~ A"A~n M a., o.
me said cunboats, 30 IN n0Esr and known aud called
by numbers from 10 thirty have been nt,ed ou aua
armed aud are now lying a. e OT OF ne over
the Of the Government OF SPAIN 10 depart from
A. The said Government Of Spain is now and, at all
the times herein mentioned has been at war win Ger
tain foreign State with which the United States are now
all such times have been at peace to wit the Re
public of Peru and am Informed and believe that tne
Srmed With the intent that they should also be employed
the service OF the Government OF Spain to cruise ana
property Of the said Republic Of Peru The people OF
the district colony known as the Island OF
October. is6s thrown of the Government OF Spain,
organized themselves into civil government aud have
formed ali the functions of civil government ana exer
cised exclusive jurisdiction and control throughout the
greater part of the Island Of Cuba 20 Wit the district
extending from Santiago de Cuba on the sea 70
Sagua on the Atlantic Ocean, and from sasus 20 Sle,
fuegOs the Caribbean Sea- and thence 10 santiago de
rules and customs OF civilized nations to repel assaults
made by the Government Of Spain npon ctizeos, SUP
people thereof and have by such armies taken posses
sion OF the large district aforesaid and excluded there
from all persons exercising claiming 10 exercise ah
thority under the said Government OF Spain the Gov
eminent so. az aforesaid, organized has purchased
vessels other property and owns and holds the
same and its citizens and sulgecs, and the citizens and
sOe Of the colony and o soS pSS
the high seas and IN the bays ana harDors OF Tue
ton by the ships subjects OF spaiD The said yes
sells and gunbOats are, as am informed ana bcheVe IN
coast and Iarbors OF the Republic OF and Of the
Island Of Cuba, and large quantity OF guns and mum
ons OF war intended for the further armament OF the
said thirty vessels have been fitted and prepared within
the limits of the United States aud were about the l2h
of October from city Havana, city ia the
Island Of Cuba nnder the control OF the oIcee
Of the Government Of spain on 0oaa vessel pS a o.
Havana, awaiting the arrival OF the said gunbcats
Sworn to before me- this Esd day Of Noyomber A. d.
1869 GEO. r. BETS u ;. Com
The libel which, with the necessary variation ns TO
number, was served on each Of the gunbOats, "a adj
dressed to Judge BatchfOr OF the United States District
Court and alleges that each boat urnshedhited out
and armed, and ready TO sail. TO be employed In the
service of Spain against Peru, country with which the
United States peace and all this contrary TO
Act Of Congress- therefore, each gunboat becomes for
eed and the Attorney prays the Court 70 decree tina,
stores condemned afeg due process Of law for the
Of the United States
The folio wing document explains itself
Southern District Of EeIe- York. Esrhe President OF the
United States Of America TO the Marshal Of the sGutern
District Of NewYOTk, greeting: Whereas Libel OF In
formation hath been filed In the District Court OF the
United states for tho Southern District OF NewIoIk Oh
the day Of November IN the year OIL our
Lord one thousand eight hundred and slXtyniDe, by
Edwards Perrcpont esq, United States Attorney
tain vessel known guDbOat No lying at the foot
OF ThTteentst North River, her tackle, d, materials
guns, ammunition and stores. (Sec. 80, act April 20,
ies) aud in she taid Libel OF In
formation mentioned and praying the usual process
and inOntOn OF tie said Court In that behalf 70 be
made aud all persons interested In the said gun
boat No 2, materials arms, ammunition, stores, &c,
may DO cited III general aud special 20 answer the
premises, and oil proceedings being had that tue said
gunbOat No. z, materials, arms, &c, may, Tor the
causes in the said Libel OF Information mentioned be
condemned as forfeited to the OF the United saeB
You are therefore hereby commanded to attach tho
said gunboa No. her tackle, DC, materials, arms am
muuitiOn and stores, and 10 detin the same ia your
custody until the further order OF the Court respecting
the same and TO give due notice TO all persons claiming
same. knowing having anything TO say why the
should not be condemned pursuant TO the prayer
OF the said Libel Of Information That they be and ap
pear before the said Court TO be held IN and for the
Southern District OF New-York, the Ith OF
December next, at IL o'clock on the forenoon OF
the same day IL the same shall be day OF
Jurisdiction otherwise the next day Of 1urlsdction
thereafter then and there 70 nterpose claim Tor the
sam e. and their allegations in that behalf And
what you shall have done In the premises DO yOn then
Itere return thereof together with this writ
Witness thei Hon. Samuel X. Bette Judge OF the said
Court at the City Of York. In the Southern District
of NewYOrk this 24h day of November, In the year OF
Lord 1862 asd OF our independence the
United States DistrctAttOrney.
GRO r. BETS Clerk