The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1869-11-25
Tn. sps.,sh a..sssss.

a The gpa.ish as.Ssass.
The New "a papers are full Of matters
rslstius v ~ spSAlA gy1bosHE "a
Dsesss ysaer1Hy Owes ~ ID ~ asas
sshor rasn n dsS n.iqe, an y Cubss
sensr Allan, hts ono Of the q fguns,
commissioner and made oath that u Span
ish gunboats, now nearly completed and lying
oyer at Brooklyn, uere About N -bo used By
the Government Of the Regent against the
colony or people Of Cuba and claimed,
therefore, that by the provisions Of the neu-
trality laws, said vessels should b here de-
talned. The grounds Of dstsntlon insisted
upon were, that by the terms o. our neu-
100, aserwsra a%sndec IN ISL, ia eodi.
fed In 1918, there was direct prohibition
In the third section Of the act sesinst the
"nttlng out" or awning Of any vessei o. No.
sells In the ports Of the United StAtea, whIch
vessels were to DO used against any foreign
princes, states, colony, district or people
with which the United States are at peace.
The words "colouy or people" are ON
phasized, because that IL In the section which
II 10 claimed covers this case. There b an
otutstoAnt RuNHtou ~ tht uuu VI ths 1@1AAo
section which provides for the seizure and
conhscatlon Of building materiah or equip
ment Of any such vessel or vessels, in case
that any attempt shall be made 10 q oct,
arm or equip any such vessel or ysseels.
Now, II Is insisted that this very section Naa
inserted with express reference 10 what ,was
then occurring In the Spanish colonies Of
South America, and had future beAsing
upon what might hereafter take place viii
har nfhar - h. -
European nations upon this continent. The
statute on the subject IL very clear, and u
found embodied In Kent's Commentaries,
vol. 1, p. 122; 10 referred 10 In the foot-noees
Of Dana's edition Of Wheaton, and ID TO be
found In the United States Statutes 81 Large.
The order was issued for the seizure Of Shs
vessels, and they are now In the custody Of
the Government. The boats arc also 70 b.
detained upon the ground fret taken, Wis
that Peru Is foreign State with which ths
United States are at peace; and, should these
vessels be released and 70 to Cuba, larger
vessels there In services would Be- rsiisvsd,
and could 60 out 10 Peruvian wAtsp for was
| purposes, which would DO virtually tho same
action as II they were 10 sail directly from
| New York for the coasts or waters Of Peru.
The Tribune also has the following ID ~
lation to preparations for the ssIsursi . sr'
District Attorney Pierrcpout was engaged
yesterday In preparing the papors nccsssAfy
for the seizure Of the Spanish gunboats.
Only one affidavit has yet been sworn to,
and this asserts, In detail, that the gunboats
In question are hitting out 70 make war
against tho Government Of Peru and The
colony Of Cuba, with both OF which the
United States are at peace. The libsls based
gunboats, and are all Substantially alike. Al
l. Is necessary 70 keep copiss Of all thsss
libels In the attorneys ONCE, printed blanks
were prepared yesterday, but none Of them
were filled out, inasmuch as Judge Pierre
pout vas In doubt whether 10 found them On
the alleged hostility to Peru and Cuba both,
or to Peru only, and up to Q o'clock last eve
ming he had received no reply to his telegram
to Washington asking for Instructions on
libels on Cuban as well as Peruvian grounds,
n second affidavit will be sworn TO, charging
specially that the gunboats arc fitting out
against Cuba. This afidavit has already
been prepared, and both the man who win
swear TO II and the man Who has already
made oath to the Arst affidavit are In ths
city, and called In the attorneys ofiice yes
terday, although It lie not deemed expcdient
to publish their names until after tho an
davits are filed and the libels ssrved. The
formal seizure will not DO made until aftsr
10 o'clock to-day, when q copy Of the libel
will be nailed TO the mainmast OF each OF the
gunboats, and an officer from tho United
States marshal's Office will be put on board.
These libels are made returnabls on the 14th
OF December, at which time, II no claim 10
put In by the owners, the boats will be do
clared condemned by default.
The Washington correspondent Of the New
York Times telegraphed as follows on Tues.
day; ..'HT
The importance and effect Of the action In
regard to the Spanish euuboats ID greatly
exaggerated. There Is no more reason for
believing our relations with Spain to be In
danger now than there WIS . mouth ego,
and the only new action ordered 10 be taken
is simply transfer Of their custody from
the naval to the civil authorities, there 10 b
proceeded against according to Law. Tbs
vessels have been practically In the Gus
tody OF our authorities ever since the hrst
complaint was lodged against them, Admiral
Gordon having been instructed TO keep az
armed surveillance over than, and The
builders having been notified that they mus
not be allowed ID leave. There has been nc
new formal demand Cor their release by tn,
Spanish Minister, and there has been NJ
formal refusal by our Government. seno
Roberts has several times discussed thu
question with Secretary Fish, but the rea
reason why the vessels have been libeled Il
the fact that q number Of them are ready to
60 to sea, and they can only be legally held
under the neutrality act. Fit can be proved
that they are destined to BE- used agains,
Peru they will be permanently held, but 1t Il
ridiculous to say, as one Of your contempt
rarles does, that the President and Cabinet
arc unit In favor Of holding them at 81
hazards. The thing on which they are
unit Is that they cannot be held except In &C
cordance with law; hence the proceedings.
Now, the matter Of their final release 4
an interesting subject. 1t Is only littl
4 more than year ago, by mutual and salts
| factory understanding between the repre-
/ sentatiyes Of Peru and Spain, TO wit, seno
Garcia and Senior Goui, that the Peruvian
iron-clads were permitted to sail from Ne,
Orleans for the ports Of Peru. The situation
! has not changed. II lie now, as 1t wss then
a condition OF "dormant war" - Mr.. 6ew
ard termed II, and there Is no reason, appar
emily, why similar arrangement cannot b
made now between Colonel Freyre and Seno
Roberts. ! happen to know, In fact, tina
. such suggestion has been made to the par
ties, and 1t will not be surprising II II
acted upon. The question Of what the efTec
upon Cuba will be cannot enter into tn
natter II Peru valves her complaint, o
fails to make 1t good, the gunboats will r
TO sea under the Spanish nag, despite CubAi
lamentations.
MARaIED.
,RYEIBRAXThN...gy the Rev; c; 9. hesdor
: tMaryla papers please oopy.l
DIED.