The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-11-27
THE SPANISH ARMADA.
Preparations for the Tilt
at Law.
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Application Of the Cuban Envoy to
be Counted In...Interest-
ing Documents.
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THE NAVAL DEFENCES OF new YORK.
Views Of Admiral GOdOn on the
''COming" Spanish Fleet.
THE NAVAL DEFENCES OF new YORK
History Of the Naval Surveillance Of
the GunbOats.

test soon to come or in the United States Court on
which occasion the lltigants declare their intention
to appear ready for the fray" each armed cap pie.
TO contest for the victory.
THE SITUATION OF THE BOATS.
Nothing new has happened in the situation OF the
boats moored in the North river, foot OF Thirteenth
and Seventeenth streets. United States Marshal
Harlow has full and exclusive possession of them,
through his deputy, Mr. A. II. Winslow. A SUFFICIENT
number OF watchmen are placed on board
the boats. and the armed tug Martin Kabneisch
with her gun In position, and manned by
the Marshal's officers for crew, keeps constant
lookout by day and night that none Of the seized
boats leave their places The workmen OF Mr.. Della
mater and OF his sub-contractors resumed their
lab0rs yesterday morning. and scarce anything
around the place would show the uniformed that
something unusual was going on IN the neighbour
hood and that here lies all the cause OF 80 much stir
In the diplomatic ana legal world. Nor need 1t be
expected that any change will come Overatho
locality until the courts shall have finally decided
the International status of these vessels and they be
either released and given up TO Spain or declared
forfeited to the United States brought under the
auctioneers hammer to be "Knocked down." in the
usual phrase Ito the highest bidder.n
PREPARATIONS FOR THE TILT AT LAW.
In the Office or the United States District Attorney
matter Of the Spanish gunboats, save and except a
short interview Mr. Sidney Webster. on behalf Of the
claimants OF the boats had with Judge Plerrepont.
Early in the morning this latter gentleman. in his
usual bland and afrable manner, received Mr.. Web
gter and several other gentlemen In his private ONCE
in the United States Court House, on Chambers
street, and they were coseted together for quite a
while. Mr.. Webster had come to inform Judge
Pierrepont that the counsel for the defence had
cuded not to apply for leave to bond" the vessels
that is, to have them released sufficient security
being given mat they will not be employed in host
tiles against Peru, but that early next week they
would move In the District Court for an order to
quash the writ Of seizure and dismiss the
libel, at the cost OF the government, and
thus to grant q full release and discharge
OF the gunboats from all further detention.
The motion. sad MI. webster, VIII be based
on proper aGidavits and other documentary
evidence, which now being prepared, and copies
Of which Will, probably, by next Monday, be fur
nished to Judge Perrepont, together with the usual
written notice OF motion required by the rules OF the
court. But as the defence wished speedy decision
Of the case Mr.. Webster inquired whether the Dis
trict Attorney would hold them 10 the rule of ten
days notice OF motion, or would waive his privilege
and consent TO take up the issues to be raised OF
fact ana OF law within shorter ume Judge Pierre
pOnt remarked that he would lnterpose no such
technical objection, would accept any notice and
waive the allowance Of time under the rule, but he
would wish to be informed at least one or two days
before the argument OF the grounds for the motion
as presented by their affidavits. This was agreed
70. and Mr.. Webster LEFT. The great tilt at law in
the court may, therefore, be looked forward to by
about the middle of next week.
THE REPUBLIC OF CUBA IN THE FIELD.
In the Opnton Of MANY well veraed in conatru-
ing and applying the law OF nations and statutory
enactments In intricate cases, that the government
At washington. however unwilling undecided It
may be at present, will ultimately feel the necessity
OF preferrng oflcally the charge that these boats
were fitted out to commit hostities against the
"coony district or people" OF Cuba with whom the
United States are at peace In fact 1t was suggested
in different quarters that this would lose much
of Its interest and Importance in point OF vew
were this charge continued to be held back. Up to
last evening Judge Perrepont had received nothing
decisive on this question from Washington, although
It Is assumed, and not without good reasons that it
h earnestly and studiously canvassed and invest
gated, in all Its bearings by the President and the
members Of his administration.
In order to urge the adoption OF this course the
'republic Of Cuba" through its accredited though
not yet recognized representative in this country,
the field Of action. and that gentleman yesterday
placed in the hands Of the United states District
Attorney the following documents, which need no
comment as they explain themselves. Judge Pierre
p0nt ordered copies TO be made of them at once,
md had them forwarded to the State Department,
for the information OF Secretary Fish, awaiting IN
the meantime what impression the statements Of
fact and the legal argument contained in these
documents may exert upon the President and the
deliberations OF the Cabinet. Whether Judge Pierre
p0nt added to these documents any views OF his
own could not be ascertained Dut here is
SENIOR LEMUs' LETTER TO PIERREPoNr.
Hon. EDWARDS PIERRLPoNT United states District
Attorney
desire to refer You to the aiidavt OF Senior Igna
clio Afaro, filed with you yesterday; to the AFFIDAVIT
Of Francis Xavier CisDeros, and To the accompany
ing opinion OF counsel, to whom certain questions
under the neutrality acts have been submitted, and
TO ask from you, as the prosecuting officer of the
United States Tor this district. that steps be taken
for Tie prosecution OF the thirty Spanish gunboats
now lying III this harbor, aud lately built
fitted and armed by Messrs. Delamater a Co.,
with the intent that they should he EN-
poyed to cruise and commit hostllitics against the
subjects, citizens and property Of the district and
the people thereof described IN the adavlt OF Senior
Alfaro. and when Is now under the exclusive gov
eminent OF the republic OF Cuba. For your more
full information take this occasion TO inform you
that the district now held by the forces OF the repub
lie Of Cuba, Of which Manuel de Cespedes Is Presi.
dent, includes 49, s6s square miles, taking the middle
OF the island from sea 10 sea, being about wothrds
Of the whole island. The entire population OF this
district number 52259s as you Will perceive by the
table Of statistics sent 10 you accompanying this
communication, and are loyal to the government OF
the republic. or TINS population, the entire portion
capable OF bearing arms being about 10000, are
organized ipto armies and as many as can be armed
are IN the field carrying on warfare according to tue
rules OF civilized nations, and have entire control OF
Tue district Aforesaid except few Spanish garrison
Towns, under command of officers appointed by the
district.
am advised by my counsel that the question
wneser or not an offence against the laws has been
hts,mp.eu and ought TO be prosecuted not at all
mo "omc question. but purely question for the
laws and the prosecution OF ofrences: and there.
.Sle hvnless my communication to you instead OF TO
IRe government at Washington
.su.., J. MORALES LEMUS,
minister anu Ext. Envoy Of the Republic of Cuba
AN INTERESTING AFFIDAyrr.
Stdle or Nep6 YORK; Cttp ana CUuDfU or Nom York
S:-Francis Xavier CisDeros, being duy sworn.