New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-11-24
.rHE spANIsH GuNRoATs.

4
| whatever upon our Government. 10 ,flois gfI 900
THE SPANISH GUNBOATS. 5l ssss5I
WHY THE GOVERNMENT LIBELED THEM.
| WASHINGTON, Nov. 23-The action of the Govern
ment relative to the Spanish gunboats is now ex-
planned to have been actuated by desire to postpone
final decision Of the matter until Congress meets.
/ As it now stands the Spanish Government cannot
become direct party TO the before the Courts,
which will ensue from the beling Of the vessels be-
they yet the property the contractors and
have not been delivered TO the Spanish authorities,
The preext for the beis believed TO be the allegation
ofthe Peruvian Minister as explained in these dis
patches last night but the force Of his declaration
that war exists between Peru and Spain now is par
TALLY destroyed by the assertions which he made in
May of last year. when he succeeded i'll persuading
| our Government TO allow the iron-clads
Oneota and Catawba TO sail from New-Orleans
after they had been purchased by Peru from parties
who had previously bought them from the Navy De-
partment. His argument then was that, although
condition of war existed between Spain and Peru
hoslities had ceased and that Spain, as usual had
failed to recognize the condition OF peace which fol-
lowed. At that time he occupied toward the Oneota
and Catawba relation not very different
from that which the Spanish Minister
now occupies toward the socalled Spanish gunboats
~
have been made mp precisely similar TO the Which
is now preparing by District-Attorncy Pcrrepont in
New-York. His object of course, is TO give Cuba
the bellgerent rights which his Government has
recognized.
ANOTHER REASON FOR DETENToS or THE
SPANISH GUNBOATs-THE CUBAN VIEW Oh
THE CASE. '' o.. I'D % 'H ''n -
Senior Alfaro late one OF the Cuban Junta. went
IA lt..aE l.sE..
made oath that the Spanish gunbOats nearly
pleted and lying over at Brooklyn were about to be
used by the Government of the Regent against the
colony or people of Cuba; and claimed therefore,
that by the provisions of the neutrality laws said
vessels should he here detained The grounds OF de-
tenton insisted upon were that by the terms OF our
| neutrality laws framed in 1874. extended to 1900
| afterward amended in 1917, and oodihed In 1878
there was direct prohibition IN the third section OF
the Act against the fitting OUT or arning OF any
vessel vessels in the ports Of the United states,
which vessels werot In he used against any foreign
princes states. oOOsy district people with which
the United States are az peace. The words colony
people are emphasized because that is in the section
| which il is claimed covers this case There is
| an additional provision at the end OF the
| same section which provides for the seizure
and conlscation Of building materials or equipment
attempt shall be made 10 lit out, arm or equip any
such vessel or vessels Now il Is insisted that this
very section was inserted with express reference TO
what was then occurring in the Spanish colonies OF
| South America, and had future bearing upon what
nigh hereafter take place with her other possess
| sions or the possessions of European nations upon
This continent. The statute the subject is very
| clear. and Is found embodied in Kent's Com. vol l.
] D. l22; is referred to in the foOtnotes to Danas ed
! ton of Wheaton aud is 20 be found IN the U. g.
| Statutes at Large The order WAS issued for the
seizure of the vessels and they are now in the
! tody of the Government The boats also TO be
detained upon the ground first takenviz that Peru
| is foreign State with which the United States are
at peaoe and, should these vessels be released and
20 10 Cuba larger vessels there in service would be
! relieved and could 20 out TO Peruvian waters for
war purposes which would be virtually the same
action as if they TO sail directly from New York
for the coasts or waters of Peru. ri.1 l.f .o,IVr
PREPARATIONS FOR THEIR sEIzURE-rERus OF
| f.s | khan. ....F THE LIBEL. ..f. O. I..I f.v
! District Attorney Perrepont was engaged
yesterday IN preparing the papers for the
seizure Of the Spanish gunboas Only aldayit has
yet been TO- and this asserts, III detail that the
gunboas in question are lifting out to make against
the Government OF Peru and the Colony OF Cuba, with
both OF which the United states peace. The bes
-
boats and are all substantially alike. As IL 10
to keep copies OF all these bes 1.-THE Attorneys Office
printed blanks were prepared yesterday, but none o
them were filed out iDasmuch Judge Pierrepont
n doubt whether 10 found them the alleged hostility
to Peru and Cuba or to Peru only andup to o'clock
I last evening be had received no reply TO his
telegram 10 Washington asking for instructions on this
point In case decided 10 base tho libels Cuban
as well as PERUVIAN grounds, second anidsylt will be
sworn TO- charging specially that the gunboats are fitting
out against Cuba This lafdayt has already been pre-
pared and both the man who Will swear to tspd the
man who has already madeoah 10 the frat affidavit are
In the city, and called in the Attorneys Office yesterday,
although 1t is not deemed expedient TO publish their
names until after the afisdayits are fled and the hbes
served The formal SEIZURE will not he made until after
"a o'clock to-day when copy of the libel win be nailed
TO the manmas OF each Of the gunboats and an officer
from the United States Marshas Office will BIO put on
board These bels made returnable on the lth OF
December at which time, II no claim Is put IN by inc
owners the boats VIII be declared condemned by default
| THE UNITED STATES STATUTE IN THE CASE. ..
The following Is the text Of the sd section OF the
Neutrality law Of 1918: 'h-.lii.'
person ih -hip the limits o. the United States o. oai
aud arm attempt oHtsDd prOeurs to be h'ssd
out ard srm,d shall tsovng,y be concerned 10 The
.furAi.LuG fitting ont OF lndlrs Of ip na Or vessel
With intent tina, sach ship ys'.s shall be employed Ia Ns
Of foreign prnes sso Of colony district OF psoi
pie cruise eea hOsses against Che subjects eaa' OF
property foreign pnes state Of ary colony district OF peo
pie With are q peace shall sue deliver
coaHsa wihh the tstey jusdsasn " the United states ioI
any ship vessel the mtett that sic be employed
Aforesaid ever person oanfas ,b, b. deemed guilty q
high msieeAno and shall be hBed sioo and I'm
,Obed rot than ever sbp vessel 'h
taei apparel and furn, together with all materials arms am
nupOu And stores which have been procure, TOT the bug ADD
pmeBt enOi forfeited 10 the Use the Ormsr
aud other half 10 The the Ubed States i H
T THE CONDITION OF THE ausnOATs D.
Yesterday visit to the dock-frout OF tho DeanateT