The New York herald., 1869-11-30

Notice Of Motion fer Qsashlng tho Libel
Served on Judge Pierrepont YesterAay-No
Further distractions From Washinston-Tho
Application Of SonOr Lemus Expected to
Come Before tho Cabiner Meeting To-Day.
No new developments occurred yesterday In the
matter Of the Spanish gunbosts seized BY the mar
shal under writ issued out OF the United States
District Court a. . court Of maritime and admiralty
Jurisdiction. Marshal Harlow retains possession
OF them through his deputies, and the armed
tug Martin Kabneisch Ii still In position
70 prevent any OF the boats from leaving their moor
ingA MI. Delamater's workmen were all duly on
hand yesterday morning. and experienced no Inter
ruption with their labors from the onicers except
that here and there now this and now on another
boat, the Aarsnals deputies either asked for or
offered "chewn or . plpefall OF topscco or en-
gagged in pleasant chat with the men at worK to
while away the time. In the afternoon Mr. Z. w.
steughton. as proctor in admiralty for the claim
ants. Messrs. Deamater b Co., visited the ONCE
Of the United States District Attorney, and served
Judge Pierrepont with the following notice.
THE UNITBD STATES DISTRICT COURT FOR THB
SOUTHERN DISTRICT OF NEW YORK;
certain Gus0Odt, lvl,a1 at TIE foot az IntrteenM
street. North riuer, k7a0ton as Gunbodt No. l, her
Tackle, de- ps. The United States; ana T,ceystv-niJe
other 0uaooats numbered from . 70 80 Inclusive,
Ysetr Tackle, &C., Cs. The United States.
TO EDWARD PIERREPoNT ESQ.,, District Attorney
SIR-Please take notice that In each OF the above
next. the I'd proximo, St three O'Clock p M, or a.
soon thereafter counsel be heard to discharge
from custody the gunboats, their tackle, &C., pro-
ceeded a ayainst above Tor the following reasons
Frst-Ihat the peculiar construction and general
character OF tue Aforesaid gunboats are conclusive
against the allegation OF the hbsls that the gunboats
aforesaid were furnished fitted out with intent to
cruise and commit hostilities on behalf Of SPAN
against the subjects or citizens OF Peru.
SeCOnd-fhat the political relations existing ut the
time the gunb0ats proceeded against above were
spain on the % one hand and % Peru on the other hand
were not warhke but peaceful, rendering 1t impro
haole, II not impossi6le that the aforesaid boats
used oy Spain to cruise or commit nOstilites against
the SUBJECTS citizens Or property ri;roy q pera;
Proctor and counsel for claimants.
NEW YORK, Nov. 20, 1869. M.
Before serving this notice on Judge Pierrepont Mr..
Stoughton inquired Of Judge Balchford what day
and hour would SUIT him best TO take up the case,
and the Judge himlklf nxed the time named IN the
foregoing notice,/It seems, therefore. conclusive,
that this important litigation will be reached IN the
court on the day and hour named. -H
On serving the notice MIR. Stougnton informed the
District Attorney that the papers on which this
motion ia based and which WIN be used as evidence
in support OF the discharge Of the boats are being
prepared and wil be printed in the course OF this
day, when copies will be placed in the hands OF
Judge Pierrepont The latter gentleman declared
himself fully satisfied with the arrangement and an
nounced HIS readiness to 60 into the argument at
the appointed ume As was stated IN the HERALD
on sunday, no application Will bs made to the
Court for the release OF the gunboats under bonds,
nor has the Spanish government or any OF Hs
representatives appeared in the matter Ofncially. -
The District Attorney has received no further IN
strucions from Washington In regard to the
attitude the government has resolved to take the
matter. The application OF the Cuban Envoy,
Senior Lemus, to libel the vessels for the that
they are intended to cruise and commit hos-
ties against the subjects, citizens and properly
OF the colony, district or people OF Cuba with whom
the United states at peace together with the
nexed a1idavit and legal opinion, all or which ap-
peared in full in the HERALD Of Sunday last, was
forwarded TO Washington by Judge fierrep0nt by
Saturday nights man. 1t Is believed by those IN
this city, who claim to be well informed on the sub
Jest, that this application on behalf or the Cubans
viii be submitted to theA Cabinet at Its regular
ing to-day and some definite conclusi0n3irrived at
concerning 1t, OF which Judge Pierrepont may be
informed either to-day or tomorrow, by telegraph
or post, fully In time to file an amended pel
tanning the suggested clause about Cuba before the
case Ii reached IN the District Court on Thursday
next