The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-12-10
LAW POINTS FOR Mr.. EVARTS
TITE rROTFsr or THE OUNER or TIE
STEAMER ESILLLE


The Yacht rncnpnbic OF Being ARMED ~. y
Crni-er-A diudicati"n at Law Dennndcd-
The spanish Ministers Responsibility.
NEW YonK. Dee. &. 1877
SIR: We have the honor to inform you
that steam yacht known IA the Estcllc. now
lying off the port Of Bristol in the state of Ihode
Island and ready 10 depart on "a lawful voyage
10 foreign ports, il. by some warrant unknown
Ia the owner. and 10y no process OF law, detained
10y the order Of your department.
This vessel is owned 10y an American ctigan,
free Of any legal claim OF any person or persons
eocver. and it has been built in due conformity
to the laws Of tho United States.
In behalf Of said owner, We beg TO inform you
that II has come To- his knowledge that the aforr-
said action Of tho State Department has been
the nn, rtsu,t Of ,statrmcnt or Complaint made ny
NJ VA pnhWll 81 ms ENcellcncy the Spanis n
We bog 10 inform YOU that tho owner " snid
vessel mas had no imtination concerning tho
contents OF SUN statement or complaint other
tinn the said informal intimHtiun that su n
statement or compliant had b"on nude and,
hHNlnN du' rrlrr' nee Ia tho law and the facts
which control this cu-r VIZ protest against tho
detention ol said steam vessel IN the manner
Hlf!r~hlu upon any "N purte application made
IN bchali OF any foreign prince. power. or potrn-
tate, the result of which application virtually
condcmns' unheard, the property Of an Ameri-
II il b, that the representation, statement or
complaint Aforesaid tends to maintain and IN.
hold that the said vessel rontraVenrs any treaty,
STATUTE. law. or Internal onal obligation OF these
United States. then W. bog 10 INFORM You thai
the first inspection of said vessel hy the officers
or agents OF the Unit"d states must have already
rcsult'd IN complete dcmOnsl ration 10 the
contrary; Tor the said Nri-"l. h'iug of very
small carrying capacity and " light construc-
tion is in~pblr, oi heini Htt'd out or armed
Tor the purpose 81 cruising or committing hose
thtics against the SUBJECTS. citz,ns or nrop-
yriy ct any foreign prince. or state. or colony,
strict. or people with whom fNr Cuifrd Stat's
are at p"arc; and W. rrspc. ;fiilly inform YOU
lli mere is nothing IN the runstru tion. rpuip.
mrnt. ana outfit of the -Hil steam vessel which
N con'r"ry 10 any treaty, statute Inv, or inter.
national Obligation of the United States nor is
hhn punt Tor warll he purposes.
rms being the fact so II IL. air, TINT tho owner
OF the sand vessel demands tIut she bc allowed
70 depart In the ordinary course. and that. IA
the said detention II without process or war
rant Of law. lac bc suble ted to no further dam
ages by a longer detention.
In other cases. whore similar complaints have
p', made u your Government. II has. by It's
uuiy authorized OH rcrs. instituted and caused
To bc taken proceedings in the courts Of compe-
tent jurisdiction. IN order to test and adiudicnte
and detention. We dcmnnd, always having
reference to the law. that in this case II this
Govnrnment subject the said vessel 10 further
detention. # shall be- upon due process Of law
owner Of said vessel may be- enabled 10 meet
any and all accusations. complaints. and state
lncnts in open court. and in conformity to tho
lhW to whirh b" desires To submit himself.
II must he evident that the detention of his
v'sstl IL great damage 10 thcowner aforesaid
lot whlch ne, uV inc common INV has, some
wh"rr adequate r"drrs-. the detention being
Illegal; ana as in TINS matter the Minister II
spain = tho real n.tOr IA thn premises and loss
Ia an American citizen results from such actioa
and suggestion Of suid Minister. We submit. in
b"hali of the said owner, that TINS Government
should IN some way. ncior" pro 'endiug further
10 detlin the SAID steam vessel demand iudcfu-
nifty tor their citizen 50 NJ to project him from
any loss AMI damage. in case the said proceed
mss IN court shall be- decided IN his favor.
And w. submit that the said legal proceedings
and inquiry should be- institute forthwith. or
els that the STATE Department should withdraw
inc objections ami Oh stru tons tnry nave inter-
posed To- the issuun - II tn customary SHIPS
papers u the owner of said vessel and to her
departure on her voyage aforesaid.
We are SIR. your uhcIlrnt servants counsel
and solicitors Tor the owner Of a certain stcdnz
vessel known as the E~telle
SULLIVAN KoBBE & FOWLER
To the Hon. WILLIAM NJ. EvAKrs. secretary II
state oil the United Stat rs. Washington, ID. 4.