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be built at Mystic, Connecticut, by Mallory and others. The engines are to be [754] built by Delamater, of New York. Dispatch to be used, as they are wanted *im

mediately, and are expected to be ready in from sixty to ninety days. There is also in New York an admiral or commodore of the Spanish navy to superintend their construction, and he is waiting orders from Havana to buy other boats now ready here-old blockaders, &c.

Mr. Daris, Acting Secretary of State, to Jr. Robeson, Secretary of the

Navy.
DEPARTMENT OF STATE,

Washington, August 3, 1869. SIR: I have the honor to inclose a translation of a note received this day from the minister from Peru, in which he informs this Department that, a state of war still existing between Spain and Peru, the Spanish government are nevertheless constructing, at the places indicated in his note, thirty gun-boats equipped for war, which may be used to the detriment of Peru.

Instructions have been sent by the Attorney-General to the district attorney of New York to take active steps for preventing the sailing of such of these gun-boats as come within his jurisdiction, and I have

now to request of the Navy Department to direct the naval force [755] in the bay and harbor of * New York to co-operate with that offi

cer in what he may do to carry out his instructions.
I have the honor to be, &c.,

J. C. B. DAVIS,

Acting Secretary. Hon. GEORGE M. ROBESON,

Secretary of the Navy.

Vice-Admiral Porter, for Secretary of the Mary, to dr. Fish, Secretary of

State.
NAVY DEPARTMENT,

Washington, August 4, 1869. SIR: I have the honor to acknowledge the receipt of your communication in relation to the Spanish gun-boats.

Orders have been issued to the commanding officer at New York to afford all the aid in his power to assist in preventing their departure, and three men-of-war have been ordered to that place. I have the honor to be, &c.,

DAVID D. PORTER,

For Secretary of Navy. Hon. HAMILTON FISHI,

Secretary of State.

Mr. Field, Acting Attorney General, to Mr. Davis, Acting Secretary of

State.
ATTORNEY-GENERAL'S OFFICE,

Washington, August 4, 1869. SIR: I have received your letter of the 3d instant, with a copy of the note of the Peruvian minister inclosed, all relating to the Span[756] ish gun-boats. On the 3d instant I sent to the attorney of *the

United States, at New York City, a telegram, of which a cops is inclosed, marked No. 1, and received from him the same day a telegram, of which a copy is inclosed, marked No. 2. I have to-day received a telegram from the marshal of the United States, at New York City, of which a copy is inclosed, marked No. 3. If the suggestions contained in the telegram of the marshal are not approved by the Department of State, will you be so kind as to inform this office of the action desired by that Department ? Very respectfully, &c.,

W. A. FIELD.

Acting Attorney-General. Hon. J. C. B. DAVIS,

Acting Secretary of State.

[Inclosure No. 1.]

Mr. Field, Acting Attorney General, to Mr. Pierrepont, district attorney.

[Telegram.]

ATTORNEY-GENERAL'S OFFICE,

Washington, August 3, 1869. Hon. EDWARDS PIERREPONT, United States Attorney, New York City :

The Secretary of State informs this office that the Peruvian minister has notified him that a state of war still exists between Pern and Spain; that the Spanish government has ordered the building within

the United States of thirty gun-boats equipped for war, fifteen of [757) *which are building in the ship-yards of the Mystic River, Cou

necticut, ten in Poillon's yards, Brooklyn, New York, four of which last have been launched, and are at Delamater's, receiving engines; and five gun-boats are building at Green Point; and that the President desires that you act promptly and prevent the sailing of any of these gun-boats.

W. A. FIELD, Acting Attorney-General.

[Inclosure No. 2.)

Mr. Pierrepont, district attorney, to Mr. Hoar, Attorney-General.

[Telegram.]

NEW YORK, August 3, 1869. ATTORNEY-GENERAL, Washington : Yours received. The Spanish gun-boats will be stopped this day.

EDWARDS PIERREPONT.

[Inclosure No. 3.]

Mr. Barlow, United States marshal, to Mr. Hoar, Attorney-General.

[Telegram.]

NEW YORK, August 4, 1869. ATTORNEY-GENERAL, Washington : [758] *I do not think it worth while to stop work on the Spanish

gun-boats, at least until they are nearly ready to sail. They cannot leave until we are willing, and if released the damages for stopping work would be heavy. Please telegraph if this is not satisfactory.

FRANCIS C. BARLOW,

United States Marshal.

Jr. Daris, Acting Secretary of State, to Mr. Pierrepont, district attorney.

[Telegram.]

DEPARTMENT OF STATE,

Washington, August 4, 1869. Hon. EDWARDS PIERREPONT,

United States District Attorney, New York : The Acting Secretary of the Navy, at the request of this Department, yesterday ordered the commandant at New York to act under your directions in the matter of the Spanish gun-boats. The Juniata, the Dale, the Dictator, the Frolic, and some armed tugs are ready to co-operate with you.

J. C. B. DAVIS.

Mr. Barlow, United States marshal, to Mr. Hoar, Attorney General.

UNITED STATES MARSHAL'S OFFICE,
SOUTHERN DISTRICT OF NEW YORK,

New York, August 4, 1869. [759] *Sir: I have the honor to report that Mr. C. H. Delamater, who

owns a foundery on the North River, foot of West Thirteenth street, has a contract with the Spanish government for the construction and delivery to them of thirty gun-boats.

Fifteen of these he caused to be built at Mystic, Connecticut, and fifteen at the ship-yards of Poillon and Stack, the former at Brooklyn, and the latter at Green Point, Williamsburgh.

Eight of the New York' boats are launched, and are lying at Delamater's foundery. Of these, four have in more or less of their machinery, and four are just as they came from their stocks. Of those at Mystic, four are launched, and the rest on the stocks. They are to be brought to Delamater's for their machinery as fast as launched.

It will be seen that the assistance of the Navy and the vessels of war mentioned in the telegram to the district attorney are not needed.

This morning I sent to Mr. Fish, at Garrison's, a duplicate of the telegram which I sent you, touching allowing work to be continued. He answers, “Do so, if it cannot be construed as a waiver or release.” [760] As we hold them at present by the power of *the Government.

and not by virtue of any writ, it is clear to me that our allowicg the work to be continued cannot affect us in any way, and therefore I shall allow the work to be continued, (until they are somewhere near completion,) unless otherwise directed, and I shall allow the vessels as launched to be brought from Brooklyn to Delamater's. yard.

My idea would be to cause no more damage than possible, consistently with the safety of the vessels.

I desire to submit to your consideration the question whether we shall allow the boats at Mystic to be brought to New York.

Unless otherwise directed, I shall allow them to be brought here when launched and finished, (up to such a point that there might be danger of their escaping under my supervision,) and when finished, or nearly so, the question of their detention can be finally decided. I shall have to put some men in charge of them as keepers. Very respectfully,

FRANCIS C. BARLOW,

United States Marshal. Hon. E. R. HOAR,

Attorney-General, Washington. Mr. Fish adds to his telegram as a qualification to the permission to continue the work on the gun-boats, “provided it involves no expense to

the United States." [761] * There will be the expense of keepers on the vessels any way,

but no greater expense in case work be continued than if it be stopped.

Mr. Davis, Acting Secretary of State, to Mr. Barlow, United States marshal.

DEPARTMENT OF STATE,

Washington, August 4, 1969. Sir: I inclose a copy of a note received at this Department from the Peruvian minister, acquainting this Government of an intended violation of the neutrality laws by Spain, in the construction and equipment within the territory and jurisdiction of the United States of thirty armed gun-boats for the use of Spain, while a state of war exists between Peru and Spain.

At the request of this Department, Mr. Pierrepont has been instructed by the Acting Attorney-General to take immediate steps for the detention of such of these vessels as are in his district. The Navy Department will co-operate with you in this new effort to prevent a violation of the laws of the United States, and I have only to add that the President desires that the same commendable vigor which you have hitherto displayed in protecting the neutrality of the United States may be shown

in the present case. 1762) *I am, sir, &c.,

J. C. B. DAVIS,

Acting Secretary. FRANCIS C. BARLOW, Esq.,

United States Marshal, New York.

Mr. Fish, Secretary of State, to Mr. Robeson, Secretary of the Nary.

DEPARTMENT OF STATE,

Washington, August 10, 1869. SIR: The President having decided to transfer the custody of the Spanish gun-boats seized for a violation of the neutrality law to the Navy Department, I have the honor to inform you that these vessels are now in the possession and custody of Francis C. Barlow, esq., the marshal for the southern district of New York.

The contractor is constructiug them for the Spanish government. Four of them are at Delamater's yard, at the foot of Thirteenth street, North River, in the harbor of New York; five are at Green Point; six are at Poil. lon's yards, in Brooklyn, and fifteen in Mystic River, in Connecticut, all in the custody of keepers appointed by the inarshal. The original seizure was made under an order from the Attorney-General to the district

attorney for the southern district of New York. Both the district [763] attorney and the marshal have received or*ders to surrender the

vessels into the hands of such officers of the Navy as shall be designated by you to receive them.

The President desires you to prevent these vessels from sailing till permission is given to do so. I have the honor to be, &c.,

HAMILTON FISH, Hon. GEORGE M. ROBESON,

Secretary of the Navy.

Mr. Fish, Secretary of State, to Mr. Hoar, Attorney-General.

DEPARTMENT OF STATE,

Washington, August 10, 1869. SIR: I have the honor to inclose copies of letters to the district attorney and marshal for the southern district of New York, dated this day, instructing them to turn over the custody of the Spanish gun-boats to the Navy Department, by order of the President. I will thank you to give similar directions to these officers, whose proceedings were originatedon your order. I have the honor to be, &c.,

HAMILTON FISH. Hon. E. R. HOAR,

Attorney-General.

[Inclosure.]

Mr. Fish, Secretary of State, to Mr. Pierrepont, district attorney.

(764]

* DEPARTMENT OF STATE,

Washington, August 10, 1869. SIR: I have to acquaint you that the President has decided to place the custody of the gun-boats, seized and held by Marshal Barlow, hereafter with the Navy Department. You will, therefore, so far as you

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