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In a note of Señor Goñi in reply to Mr. Seward, the former says, " To say that a state of war does not exist, when, nevertheless, no proposition of peace has been accepted, is an affirmation equally gratuitous and new, which it is not necessary to contest.”. The undersigne:l reminds Mr. Roberts that Peru claims that she has never accepted a proposition of peace.
Mr. Goñi further says, “As to the facts alleged, no one of these implies, even remotely, the cessation of war;" als "that although Spain
has suspended active hostilities, she still finds her. (788] *self in a state of war;" also, “ that the state of war and the
state of peace between two nations, first of all, an<l beyond all, are facts which depend upon the will of the parties interested, it be longing to them to decide by common accord what is the state in which they find themselves, and what the character of their respective relations,” &c., &c.; “ that the determination of the said state of war cannot be brought about except by the declaration of the interested bel. ligerent parties.” These are the declarations of Spain, not of Peru nor of the United States.
The undersigned is not apprised of any “common accord," or of any " declaration of the interested belligerent parties," since the date of Mr. Goñi's letter, which has determined the state of war claimed by Mr. Goñi to have existed at that time between Spain and Peru, or to have changed the relations between them. Spain cannot rightly object to the conclusions to which the argument of her distinguished representative inevitably leads.
Under these circumstances the undersigned is constrained to assure Mr. Roberts that the judicial proceedings which have been instituted, in the spirit of entire and equal friendship to the governments of Spain
and Peru, will be allowed to proceed. The United States will  *maintain their position of neutrality, and have full confidence
in the integrity and the capacity of the tribunal to which the case has been submitted. Should that tribunal decide that Mr. Delamater has entered into a contract in violation of the law of the land, and in derogation of the neutral obligations of the country, the vessels will be detained. Should it decide that the vessels may depart without violation of the laws, or of the obligations of the nation, they will be allowed then to depart. If Mr. Delainater has entered into an illegal contract, although it be with the representative of Spain, an ancient ally and a present friend of the United States, it cannot be executed, however much this government may regret the disappointment of a friendly power.
Whether or not that contract is illegal is the question upon which the court is to decide.
The undersigned offers to Mr. Roberts renewed assurances of his highest consideration.
HAMILTON FISI. Señor Don M. LOPEZ ROBERTS.
 *Mr. Hoar, Attorney-General, to Mr. Pierrepont, district attorney.
Washington, November 30, 1869. SIR: It is no part of the purpose of the President to submit to the courts the question of the recognition of belligerent rights in any foreign country. That is a public question which is to be decided by the politi
cal department of the Government, and, when so decided, the courts will adopt and follow their decision.
The wishes of the President have been communicated to you by the Secretary of State in respect to the libels against the gun-boats, and it is my wish that, as intimated in your letter, you sball be governed by them until you receive some further instructions. Very respectfully,
E. R. HOAR,
Attorney-General. Hon. EDWARDS PIERREPONT,
United States Attorney, Southern District of New York.
Mr. Roberts, Spanish minister, to Jr. Fish, Secretary of State.
WASHINGTON, December 1, 1869. The undersigned, envoy extraordinary and minister plenipotentiary
of Spain, has the honor to acknowledge the receipt of the note  which the *honorable Secretary of State of the United States was
pleased to address him yesterday in reply to his own of the 27th of November.
Although it is not the present object of the undersigned to discuss the points touched upon in the said document, he thinks it nevertheless proper, and absolutely necessary, to say a few words and to give a few explanations, defining the state of the relations now existing between Spain and the republics of Chila, Peru, Bolivia, and Ecuador.
The honorable Secretary of State refers in his note to the declaration made bymy predecessor, Nr. Facundo Goñi, in 1868, by which it appears that he endeavored to prove that Spain, at that time, still considered herself as being in a state of war with the four republics aforesaid. While the undersigned respects whatever may have been the opinion of his predecessor in the year 1868, the time which has passed and the important events which bave occurred in the polity and internal atfairs of Spain since that time must now be borne in mind. The disappearance of a dynasty from the throne, and a revolutiou, have raised states
men of enlightened and liberal opinions to the direction of the (792] destinies of the nation, and these men consider the *situation
of Spain, with regard to the republics of the Pacific, not as a passive state of war, but as a complete state of peace, which, in order to become definitive, only needs to be ratified by a diplomatic act.
The undersigned, in proof of bis assertion, begs to refer to his note of the 18th of October last, addressed to the honorable Secretary of State, and he thinks it proper, in order that there inay remain no kind of doubt upon so important a point, to transcribe the words uttered by General Prim, president of the council of ministers, on addressing the constituent Cortes, setting forth the political programme of the present government of Spain. He said:
The government proposes to cultivate the relations now existing between it and all the other nations of Europe, and of the world; and if these relations should be suspended with any government, that government which, through me, has the honor to address the constituent Cortes, will make every effort, so far as may comport with the diguity of the nation, and laying aside all pride and vanity, for the restoration of those fraternal relations wbich ought to exist between peoples of the same race. The gentle
men deputies will understand that I allude to the Spanish-American republics. (793] There were times, and they not 'very remote, when the government of Spain
claimed at least to exert their influence among them; and as they did so with arrogance, this alone was sufficient to excite the haughty feelings of those mon of our race, causing them to detest their origin, and to curse the very blood circulating in their veins, declaring themselves enemies of everything Spanish. But the government imposes upon itself the gratifying and patriotic task of regaining the esteem, friendship. and affection of those inen, who, as I say, are of our race, and speak our own languages The gentlemen deputies will understand how proper it is for Spain to enter at once and forever into frank and kindly relations with those peoples. The task which the gov. ernment imposes upon itself to this effect is certainly not a difficult one; on the code trary, it will be easy; at least I entertain the belief that when the words of sympatby aul friendship which I address them at this moment, in the name of the regient of the kingdom, in the name of the government of the nation, and still more in the naine of the constituent Cortes, (for I believe that I faithfully interpret their desires and as
pirations,) when these words, I say, having crossed the space which separates  us, shall reach them, *I feel confident that they will be received with applause,
with friendship, and eyen with ten«lerness. The rest will be done by our representatives, who will be liberal, as many of them have not been hitherto, anil these representatives may tell the inhabitants of those republics that their mother country recognizes absolutely their emancipation and their independence; that the mother country loves them as her children, and that we love thein as our brothers.
Matters being in this situation, Spain, as the undersigned had the honor to state in his note of Saturday, the 27th ultimo, wbich doubtless reached the Department of State on the 29th, as Sunday intervened between the two days, contracted, through a naval commission, with a ship-builder, an American citizen of New York, Mr. Cornelilis Dela. mater by name, for the building of thirty ressels for the coast service.
The undersigned would suppose that the republic of Peru had knowl. edge of the intentions of the Spanish government, and consequently its remonstrance to the Federal Government of the United States, asking for the detention of said vessels, could not be well founded, it never having been intended to send them to the coasts of the Pacific; but, as the undersigned does not now deem it necessary to enter upon these
considerations, be ought to state, in the name of his government, (795) that he is ready to make *to Peru a declaratio:i similar to that
which the representative of the latter republic made to Spain, in 1868, in relation to the monitors Oneota and Catawba, and he desires the Honorable Hamilton Fish to be pleased so to state to the representative of Peru in Washington, assuring him that the said vessels, which, on account of their construction, can only be used for the coast service, are not destined to carry on hostilities against his nation, nor any other American republic; and the undersigned further ailds that they have not been built to replace other and larger vessels, that the latter may be able to go and attack Peru or any other Ainerican republic.
The undersigned, in making these declarations in the name of his government, feels confident that they will be satisfactory to the Gor. ernment of the United States and to the representative of Perii.
The undersigned avails himself of this occasion to reiterate to the honorable Secretary of State of the United States the assurances of his highest consideration.
MAURICIO LOPEZ ROBERTS. The Honorable SECRETARY OF STATE
Of the United States.
Mr. Fish, Secretary of State, to Mr. Roberts, Spanish minister.
DEPARTMENT OF STATE,
Washington, December 4, 1869. *The undersigned, Secretary of State of the United States, has the honor to acknowledge the receipt of the note of Mr.
Lopez Roberts, of the 1st instant, in which Mr. Lopez Roberts calls the attention of the undersigned to the friendly sentiments which animate the present cabinet of Madrid toward the American nationalities of Spanish origin, especially as shown in the language used by General Prim in the constituent Cortes, and in which Mr. Lopez Roberts states in the name of his government that he is ready to make to Peru a declaration similar to that which the representative of the latter republic made to Spain in 1868, in relation to the monitors Oneota and Catawba, and requests the undersigned so to state to the minister of Peru at Washington, assuring him that the gun-boats now detained at New York on the representation of the minister of Peru can only be used for the coast service, and are not destined to carry on hostilities against Peru nor any other American republic, and have not been built to replace other and larger vessels, in order that the latter may be able to go and attack Peru or any other American republic.
The undersigned bas read with great satisfaction the friendly assurances of General Prim, to which his attention has been called. He
has also had the honor to transmit to the representative of (797] *Pern at Washington the authoritative statement so made by
Mr. Lopez Roberts. The undersigned avails himself of this opportunity to renew the assurances of his distinguished consideration.
HAMILTON FISH. Señor Dón M. LOPEZ ROBERTS.
M[r. Fish, Secretary of State, to Jr. Roberts, Spanish minister.
DEPARTMENT OF STATE,
Washington, December 8, 1869. The undersigned, Secretary of State of the United States, has the honor to transmit to Mr. Lopez Roberts a copy of a note of the 5th instant, which he has received from Mr. Freyre, the minister of Peru, conveying his assent, on behalf of his government, to the departure of the gun-boats constructed for the Spanish government by Mr. Delamater, of New York ; also a copy of the reply thereto by the undersigned.
The undersigned offers to Mr. Lopez Roberts on this occasion renewed assurances of his highest consideration.
HAMILTON FISH. Señor Don M. LOPEZ ROBERTS.
(798) * Mr. Roberts, Spanish minister, to Mr. Fish, Secretary of State.
LEGATION OF SPAIN IN WASIIINGTON,
Washington, December 8, 1869. The undersigned, envoy extraordinary and minister plenipotentiary of Spain, bas the honor to inform the honorable Secretary of State of the United States that he has received, with his note of today, a copy of the one addressed to him by the minister of Peru in this capital, in relation to the guu-boats which are being built for the account of the Spanish government, in New York, and which were embargoed at the request of the said representative, made in August last, and the one which, likewise, under date of to day, he has addressed to Mr. Freyre, in reply to the note aforesaid.
The undersigued, in accordance with the offer made by him in his note of the 1st instant, to make a declaration similar to the one made by the representative of the republic of Peru to Spain in 1868, in the matter of the monitors Oneota and Catawba, declares, in the name of bis government, that the said thirty guu.boats are not designed to carry on hostilities against the republic of Peru, nor to release larger vessels de
signed for this purpose, and he moreover gives assurance that  they shall at no time commit acts of hostility against the *tag of
the said republic. The undersigned, in transmitting this declaration to the honorable Secretary of State, thanks him, in the name of his government, for his friendly intervention in order to bring about a satisfactory solution of this question, and hereby reiterates the assurances of his highest con. sideration.
MAURICIO LOPEZ ROBERTS. The Hon. SECRETARY OF STATE of the United States.
Mr. Fish, Secretary of State, to ][r. Pierrepont, district attorney.
DEPARTMENT OF STATE,
Washington, December 8, 1809. SIR: I inclose herewith copies of letters relating to the vessels being built in New York by Mr. Delamater for the Spanish government, (as is said,) which have passed between this Department and Mr. Lopez Roberts, the minister from Spain, and Colonel Freyre, the minister from Peru, as follows:
1st. Copy of letter from the Spanish minister to the Secretary of State, dated December 1, 1869. 2d. Copy of letter from the Secretary of State to the Peruvian minis.
ter, dated December 3, 1869.  30. Copy of letter from the Peruvian minister to *the Secretary
of State, dated December 5, 1569. 4th. Copy of letter from the Spanish minister to the Secretary of State, dated December 8, 1869.
5th. Copy of letter from the Secretary of State to the Peruvian minister, dated December 8, 1869.
The copies of these letters are forwarded to you for your guidance in the proceedings which have been instituted at the request and in bes half of the Peruvian government for the detention of the vessels referred to.
You will observe that the Government of the United States is at length justified, by the assent of both parties, in arriving at the conclusion, and in resolving that the state of war no longer exists between Spain and Peru, to justify any further prosecution of the complaint that has been made against these vessels. I am, sir, &c.,
HAMILTON FISH. EDWARDS PIERREPONT, Esq.,
United States District Attorney, New York.