The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-11-25
THE SPANISH GUNB0ATS.
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THE SEIZURE EFFECTED YESTERDAY.
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THE LIBEL AND THE WRIT.
An Amended Libel In
Prospect.
Interview Between the Spanish Minister and
Secretary Fish.


the government OF Spain, and now lying in the
North river partly tho foot OF Thirteenth ana
partly near Seventeenth street, was accomplished
yesterday. The public will recollect that on Tues
day last the HERALD gave full account OF the pro-
posed measure resolved upon by the government at
Washington in consequence Of the formal demand
made by the spanish Minister for the release Of the
boats. IL was at first contemplated to perfect the
seizure in the Of Tuesday, and the ibes were
prepared during the day and night OF Monday. On
Tuesday morning. however, 1t was found that
the clerks In the United states District Attorneys
ofice had been unable to complete the necessary
COPIES There are thirty boats. numbered from one
to thirty, and, each being ibeled separately, TWO
copies were required for each. Judge Plerrepont
thereupon concluded to have the libels. as well as
the wrIts OF seizure, printed The following s copy
OF the libel:--
DISTRICT COURT OF THE UNITED STATES, FOR THE
SOUTHERN DISTRICT OF NEW YORK, OF November
Term, in the year Of our Lord 1869.
To the Honorable SAMUEL BLATCHFORD, Judge OF
the District Court 81 me United states o. America,
1S III Ie pu o 11S q dt N %
Attorney Of the United states for the Southern dis
tric OF New York. who prosecutes for the said United
court In his own proper person. in the name and on
behalf Of the said United states, against certain
vessel Known , as n number Gne tWo three
teentn street, North river It's tackle, apparel and
furniture together with all materials, arms, ammu-
milton and stores which may have been procured for
the building and equipment thereof in case Of sez
urc and forfeiture. alleges as foOws--
in the bort Of New YORK on waters navgaoe o
the sea by vessels Of the burden Of ten tons aud up
wards within the Southern district Of New York
and within the jurisdiction Of this court, and Is
ready to sail Tor certain places TO the Attorney Of the
United STATES unknown. with intent to cruise and
Spain, against the SUBJECTS citizens and property OF
the government Of Peru, with whom the United
iSecond-That tue said gunboat or vessel has, on
the 22d day OF November. 1859, within the limits OF
the United States to w.t. at the Southern district Of
certain persons TO the SAID attorney unknown, with
the intent that such gunboat or vessel should be
poYed IN the Of the government OF Spain to
commit hostilltics against the subjects ctZens and
property OF the Aforesaid government OF Peru with
which the United states tnen were and now are Ut
peace AZ aforesaid
Third-That the said gunboar or vessel has, on
the ed OF November 1859, within the limits OF the
United states, TO wit, AT the Southern district OF
New YORK Aforesaid, been furnished fitted out or
armed Dy certain persons to the said attorney un-
known, WIN the intent that such gunboat or vessel
shall be employed IN the service OF foreign people,
to w.t. tue people OF Spain, to cruise or commit hos
titles against the SUBJECTS citizens or property OF
States then were and now are at peace.
Font'a-Inat certain persons, to the said attorney
unknown, We're, on or before the I'D day OF Novom-
her, 1884, within the limits OF the United States to
wit, al the Southern district OF New York Aforesaid,
knowingly concerned IL the furnishing, lifting out
that such gunb0at or vessel shall be employed III the
service Of foreign people, TO wit, the people OF
Spain, to cruise or commit hostilities against the
subjects citiZens property OF the aforesaid govern
ment Of Peru, with which the United States then
FVrh-That ali aud singular the matters hereinbe.
fore secondly, thirdly and fOuithly artculated
the act act OF Conaress approved Apr ~ ISIS entIed
can act for the punishment OF certain crimes
against the United States and to repeal the acts
Tnat by reason OF the premises and by virtue OF
the said act the said gunboat her tackle, &C., and
arms, &C., became forfeited.
That all aud singular tn premises Aforesaid are
and were true, ana within Inc admiralty and mari
time jurisdiction o. the United states and Of this
honorable court.
Wherefore tho said Attorney OF the United States,
on behalf OF the said United states prays the usual
process and mon,tOn Ofths honorable court against
the SAID gunboat aud her tackle, apparel furniture,
aims and ammunition in this behalf to be maze, and
that all persons Interested IN this said gunboat and
her tackle, apparel furniture, arms and ammunition
aforesaid may be cited to answer the premises; aud
that all due proceedings being, had thereon, this
honorable court may be pleased TO decree for the
forfeiture aforesaid, and that the said gunboat num-
Der ], 2 or 3, &C. and her tackle &C., and arms and
stores aforesaid, may be condemned Tor the use Of
gress, &C. EDWARDS PIERREPONT,
United States District Attorney.
Upon this libel Of Information the following writ
of seizure was issued yesterday morning.
SOUTHERN DISTRICT OF NEW YORK, So, TO WITT
THE PRESIDENT OF THE UNITED STATES or AMERICA
TO THE MARSHAL OF THE SOUTHERN DISTRICT OF
Whereas libel of Information hath been filed In
the District Court OF the United States for the South
ern district Of New York ON the 24th day OF NOvem
Der. IN the year OF our Lord 1862 by Edwards Pierre
pont ESQ., United States District Attorney on behalf
Of the United States OF America against certain
vessel known as guDb0at NO. =, now lying at the
foot OF Thirteenth street. North ner tackle and
materials, arms, ammunition and stores (see section
taree, act OF April 20, 1885, for the reasons and
causes IN the said libel information mentioned,
and praying the usual process Of moniti0n In the
said court Ia that benali 70 be made, and that ali
crested Lie said plInDOat matpriala
arms, ammunition and stores, as may he cited in
general and special to answer the premises. and all
proceedings being had, that the said gunb0at, mate
rails, arms &C., may for the causes In the SAID libel
of information mentioned be condemned as forfeited
to the use Of the tinted States.
You are hereby, therefore, commanded to attach
the SAID gunboat. No. -, her tackle and materials,
same in your custody until the further order OF the
court respecting the same, and 70 give due notice
30 all persons Claiming the same or knowing or hav
Ing anything 10 say why the same should not be con-
dcmned pursuant to the prayer OF the said libel of
information, that they be and appear before the SAID
trict of New York, on the 14th day OF December
next, at eleven O'Clock In the forenoon OF the same
DAY. II the snail be day OF jurisdiction, other
wise on The next day Of jurisdiction thereafter then
and there to interpose claim Tor the same, ana TO
make their allegations in that behalf And what you
shall have done IN the premises do you then and
there make return thereof together with this writ.
Witness the same. SAMUEL L. Belts, Judge Of the
district Of sew York, this 24th day OF November IN
aud sixty-nne, and OF our Independence the ninety
fourth. EDWARDS PlEKREPUNT,
United States District Attorney.
GEORGE r. Belts, Clerk.
CHANGE OF FRONT
1t will be noticed on reading the foregoing docu.
Mcnts, that change OF front on the part of the
government isapparent In the proceeding. 1t had
been determined TO base the libel and the seizure OF
Ahese vessels on two distinct grounds-nrst that
they were TO be used against the republic OF Peru,
with n and
second that they to be used by Spain to cruise
and commit hostihtcs against the citizens and
prop&rW Of the "colOny or people" OF cuba,
with which the United States are at peace. This
second ground of the libel was as cabarately
arncuiateo" as the first, but maurer reflection,
ana perhaps taking into account the legal coll
GlruCtlOn Glch eaiIran rulaht Us xulaiected To