New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-12-11
THE SPANISH GUNBOATS.


ment In the H. District Court, before Judge bAtcioru'
pursuant to arrangement OF counsel
Mfr. L. w. StOughtOn, counsel Tor MT DelhnaV, sou
II your Honor will permit us TO make motion az a we
wouId nrefer 10 de H. think shall dispose Oi IL 'y
quickly We now bring OH this motion ana VSo t ~ q,
charge these gunboats upon the gro1np par make
tins motion on behalf of Mr. Delamaer the caian Ui
these boats Your Honor VIII bear ID nina o Es bs 9 state
formation il founded upon the idea u not upon to @
ment that such state OF fairly exists between SPAN
aud Peru authorized the ~ ths theory
that they we're designed to be used by spain against
PERU country Win Mi'I make this motion that tho
sats Of war when at one time existed no longer con,
tnue5 But think the Dlslllo1-atOoihoy WAL "N'' ~
disposed to resist our actlOn'
Judge Pierrepont-If your Honor please, ms this has
not been before the court In any FORMAL way IL Popl
that should state how the libel happened 10 DO heu'
The Peruvian Minister last Summer passed note 10 inc
Secretary Of State that these gunboats were Oelhg punt
hero for the purpose OF committing bOstitles against
Perm which rtpnblie at war with spalI Or II NOT
Intended TO go directly against Peru; that hty Tef m
tended 10 relieve other sh1ps-owar from Diockadng
Cuba aud thus indirectly they we're being Dnlt l9r Ine
purpose OF making war against Pern WIN Wnrn Ip.
war, and the United states NJ peaee anu r,II
| manned under executive orders for some time uhtli
finally il was thought desirable tile part OF the COY
| eminent that they should be hbeed ana Iofmalyy
brought into court, aud tho Oe III ths case prC5u
upon the ground aud the sole ground, that the United
States al pcnce with Peru and that Spain ana fcru
are AT war aud that these gunboats are nte OUT ia Ou
agonst peru Win which we are at peace and with which
Spain is at have within the last lew
| ms
th,t have passed between the Peruvian Minister and the
Spanish Minister aud the secretary OF state OF our uo
n fn " is placed in such position that between
Perm and spain longer exists ana for That reason INC
crt tn ness the libel any further when the cause mas
ceased TO exist upon winch the libel was grounded
MIR st0ughtOn-I think IL Is proper perhaps 10 add 10
the notol-whch as stated IL, was simply to discharge
these boatthe further application tnt Inc paS ~ The
learned DstrictAttOrney-that the whole proceeding DO
dsnosed or II that il not objected 10, and presume II
| hn will
] the litigation. That n not objected TO ,
Jndgr PierrepOnt-I am not moving now 10 DISMISS he
Se Tb. motion comes up FOR the purpose OF discharg-
ugit So far relates 10 the holding OF the gnpoats
ris "a matter OF course. don't see any need OF the
con "a the Court on that matter, except that II the
motion is granted the guneoals are uischaIseu uo ho'
| see That there is anything further In It,
Mr. stonghtonlt is not OF any consequence whnt IL IS
FOR There Is a subsequent arrangement between the At
torney and the counsel Tor the claimant % co,
II tine Government ais TO trust to
It's libel and withdraw nom ms prosecution OF course "
has right to do 1t. aud 1t Will let tine whole thing drop
The question Of th' discharge OF the gnDolls before h9
rcr dav OF the process Is quite different thing, and
sbould feel very reluctant 10 establish rule or piece'
dent that IN suit ia rem. before the Attorney In pro-
cess beler any other person can come mo Sout
ana Inv nm arrau cement between themselves, cOnsenb
that the property seized should be dsonarged That Is
souebing that strikes ~ bong very open To obJec
ian I'M principe. know OF one case in THIS very port
where that was done ana very serious PIIuue9 8ore
| from It. This Is suit uI rem Inc Mhole vera are
called 10 come here before the return day OF the process
which, have been unOioaly informed, sneIt Tuesday,
the l4h. Unti then AIN unable 70 say now the cp,s
can discharge property provided the process under Whch
| II mel il
formation libel disclosing no cause OF aouOh or
process void on It's face IL Is discharged In case or
seized how this Court can discharge t before the day
| Of tho process suit ~ rem don't see.
the prosecution aud dismiss the libel Why Of course 1t
las right to do II al any moment They stand, them as
thuugh the matter had never been brought into court
should dislike very muc in u like this, 90 establish
any precedent or principle which should be violating tho
sound principles OF hiispIuuehee' WHICH arc aplh0"Oo
| 10 all cases vi the kind.
| Mr. stoughton-it so utterly improbable that any
claim 10 TINS property Will be made nc any tlmo other
than that ret forth In the bcl that has seemed to us
aud presume tho District Attoruey-thht there can
be collection to the charge 81 the Government being
| abandoned to the discharge OF the boats under
the circumstances Has the Government Tor
! the cause Of the State, proposed 10 abandon
| tLis prosecution IL seems to me, In view
Of the gat expense which is incurred OF keonng these
boats the great hardship imposed upon Mr. Deamater
by detention. that II II not asking 700 much OF the
learned District Attorney IN view OF MAJ mas ht ;t
OF the Court lac should assent 10 the Dismissal or these
SUITS or these proccedings I am very that the
learned District tOrney does not intend to holt this
libel upon any imagination that claims OF OILERS may Do
made lie has no Information. am persuaded; no sug
gestOn has been made 10 him. am persuaded That any
other than tho Government has any claim upon these
boats Ash my learned friend whether IN inc discharge
Of his duty be cannot say that these hbes which
can only last day or two beyond this, may now DO
| and trust my learned friend win consent 1t.
Judge Perrepont-If your Honor please only repro
sent the Government the matter and other
| | have had suggestion and no ntimaion from any
body that there was any other claim made than That
which appears In the libel; ana the HDel Is solely ana
only upon the ground that We are at peace with peru
and that spain Is nc war with Peru. when seemed 10
have been the case which moved In consequence
OF the note which passed 10 the secretary OF state nom
the Peruvian Minister giving such Information IN con
sequence Of thai this libel was ned nov" tOdAy nave
received from Washington the documents from tue secre
pls-ed-wihn the last lew days since ths ming OF the
ibe-between the Spanish aud Peruvian ministers ana
the Secretary Of State In which t now appears clearly
and distinctly that. Whatever war we may have had
heretofore existing, II has ceased 10 exist, and am
now state that a state of between Peru and spain
has ceased and that for that these bcA
is all have 10 state about the matter The Government
don't intend 20 prosecute them further Tor H. Ihey
have no evidence which To sustain themselves after
Mtirs SnS nr Minister of state Now the eaact for,u
10 taken IN this matter don't know. would rather
leave to tho Court. came hers SIMPLY on the
| notion made 10 discharge them, upon the ground
The war has c.nsod. aud therefore I cannot resist
the motion with the advices that have from the Gov
eminent. cannot therefore, 80 far as the statements
may consent that IL true there Is and that
they take their motion, which TO discharge tho bonts
The exact form and mode of gaining tho end dOnt un
derake to suggest bring the facts before the Court
Just am instructed by The Government. ana leave
10 the Court 70 give such order In the premises as thoy
may think Just IL II tho desire o the GOVernment that
they should be discharged IN formal way before the
Court and there IS no expectation on the part of mo
Government To prosecute ~ any lulher III any maj
viduas have como In am NOT aware Of It. No notice
has been given Ia me- no other rights 20 far as know are
Judge Batchford-n a party or llugant who has
brought action In court comes To the deliberate
ousion that he had no cause OF acuOh the usuAi nat
uTA course is 90 withdraw his action and not ask the
Court 10 discharge MN, NhttntT nc uttlutd prop
ery coming 10 the conclusion that lie cannot succeed
| IN the SUIT This official statement that the Govern
ment has cause 81 action, has expectation OF
ceodng In the suit and yet wishes tho Court Ia pass
upon something 10 quite ANOMALOUS ia tho "dunistra
| ton OF justice.
Judge Pierrppont-rheonly embarrassment your Honor
that IN the out OF the fact that
here motion simple aud your honor has heard tie
motion. Now there ISN'T any other thing before the
Court that OF except that motion, and any
mode OF disposiug OF that, that Ii proper mode. VI
| course Is satisfactory.
| Mr.. stoughton- Ny learned friend assonts to the
| ton.
Judge BlatohfOrd Notwithstanding the assent on both
sides the granting ~ the motion am not satisfied
that IL ID proper motion for the Court 10 ERA t. viii
hear argument in order 10 sathy mo that should