The New York Herald Newspaper, November 25, 1869, Page 3

TIE SPANISH GUNBOATS. THE SEIZURE EFFECTED YESTERDAY. THE LIBEL AND THE WRIT. An Amended Libel in Prospect. Interview Between the Spanish Minister and Secretary Fish, Whe proposed seizure of the thirty gunboats built under contract by Mr. Cornelius H. Delamater for the government of Spain, and now lying in the North river, partly near the foot of Thirteenth and partly near Seventeenth street, was accomplished yesterday. The public will recollect that on Tues- day last the HuraLp gave a full account of the pro- posed measure regolved upon by the government at ‘Washington in consequence of the formal demand made by the Spanish Minister for the release of tho boats. It was at firat contemplated to perfect the seizure in the course of Tuesday, and the libels were ‘prepared during the day and nightot Monday. On Tuesday morning, however, it was ‘found that ‘the clerks in the United States District Attorney’s fice had been unable to complete the necessary copies, There are thirty boats, numbered from one to thirty, and, each being libelied separately, two copies were required for each, Judge Pierrepont thereupon conclyded to bavo the libels, as well as the writs of seizure, printed, The foliowing is a copy Of the libel:— District Court oF THE UNITED STATES, FOR THE SouraeRn District or NEW YORK, of November Term, in the year of our Lord 1869, To the Honorable SAMUEL BLATORFORD, Judge of the District Court of (he United Stuteg of America, for the Southern District of Navy York:— ‘The libel of information of Kdwi nye ar Attorney of the Unived states for the Southerti d tricu of New York, who prosecutes for the said United Siates tn this beualf, and being apresene here in court in his own proper person, in the name and on behalf of the said United States, against a certain Vessel known as “Gunboat number (one, two, three, &c., ag the case may be), now lying at the foot of Thir- teenth street, North river, its tackle, apparel and furniture, together with ali materiais, arms, ammu- nition and siores which may have been procured for the building and equipment thereof in a case of selz- ure and forfeiture. alleges as tollows:— Fir'st—That the said grates or vessel is. ow oe in the port of New York on waters navigable from the sea by: veasels of the burden of ten tons and up- within the Southern district of New York and within the jurisdiction of this court, and is ready to sail tor certain places to the Attorney of the United Staces unknown, with intent to cruise and commit hostilities in the service of the kingdom of Spain, against the subjects, citizens and property of the government of Peru, with whom the United States are at peace. sSecond—That the sald gunboat or vessel has, on the 22d day of November, 1869, within the limits of the United States, to wit, at the Southern district of New York aforesaid, been fitted out and armed by certain persons to the said attorney unknown, with the intent that such gunboat or vessel should be em- ployed in tie service of the goverument of Spain to Commit hostiliiics agalust the subjects, citizens and Property of the aforesaid government of Peru, with whicn the United Stas then were and now are at Peace as aforesaid, Third—Taat the said gunboat or vessel has, on the 22d of November, 185, within the limits of the United Staies, to wit, at the Southern district of New York aforesaid, been furnished, flited out or armed by certain persons to the said attorney un- Known, With the invent that such guuboat or vessel shall be euployed in the service of a foreign people, to wit, the people of Spain, to cruise or commit hos- ‘tities against the subjects, citizens or property of the government of Peru, with whom the United States then were and now are at peace. Fourii—T nat certain persons, to the sald attorney Unknown, Were, Onor before the 22d day of Novem- ber, 1869, wituin tie limits of the Untted States, to Wil, at the Southern district of New York aloresaid, knowingly concerned tu tae furnishing, Ntting out or arming the aaid gunvoat or vessel, with intent that such guuboat or vessel shall be employed in the service of a foreign people, to wit, the people of Spain, to cruise or commit hoatiliues against the subjects, citizeas or property of the aforesaid govern- mento} Peru, with which the United States then ‘Were and now are at peace as aforesaid. Fivth—That ali and singular the matters hereinbe- fore secondly, thirdly and fourthly articulated are ali and each of them contrary to tue third section of ‘the act of Congress, approved April zu, 1818, entitled “An act for the punishment of certain crimes against the United States and to repeal the acts therein mentioned.” ‘That by reason of the premises and by virtue of ‘the said uct the said gunboat, her tackle, &c, and arms, &c., becume forfeited, ‘That ail aud singular the premises aforesaid are and were true, and within We admiraity and mari- time jurisdiciion of the Uniued States and of this honorable court. Wherefore the said Attorney of the United States, von beliul! of the said United Siates, prays the usual process and mon:tion of this honorable court against the said ffeil aud her tackle, apparel, furniture, atins and awmunition in this bellaif to be mage, and ‘that all persons luserested in this said gunboat and jer tackle, apparel, jurniture, arms and awmunition aforesaid may be cited to answer the premises; aud ‘that all duc proceedings being bad thereon, tuis Ronorable court may ba pleased to decree for the forfeiture aforesuid, and that the said ganboat, num- ber J, 2, or 3, &c,, and ber iack!e, &c., and arms and stores aforesaid, may be condemned ior the use of the United Siates, according to the said acts of Von- ress, kc. EDWARDS PIERREPONT, United States District Attorney. Upon this libel of information the following writ of seizure was issued yesterday morning:— Sovrueen Distaicr oF New York, s3., 70 wit:— ‘THE PRESIDENT OF TH’ UNITED S?aTES OF AMERICA TO TH MARSHAL OF THE SOUTHERN DISTRICT OF New York, GieETING:— ‘Whereas a libel of information hatn been filed in the District Court of the United States for the South- ern district of New York on the zat day of Novein- ber, in the year of our Lord 1869, by Edwards Pierre- pont, Esq., United States vistrict Attorney, on behalf Of the United States oe a ae certain vessel known as guo 0. now at tue foot of Thirtevuth strect, Nortn river, wer and * Materials, arms, ammuniteN and stores (seo section act of April 20, 1818), for the reasons and im the suid libel of inforination mentioned, praymg the usual process of monition in the court iu that benali to be made, and that ail persons inierested in tie said gunboat, materials, arma, ammuniiion and stores, as may be cited in erat and spectal, to auswer the premises, and all SPrecectiings ne ‘haa, that the said gunboat, mate- Tials, arms, &c., may for the causes in the said libel of inforniution mentioned be coudemned as forfeited to the use of the United States, You are hereby, therefore, commanded to attach the said gunboat, No, —, her tackie and materials, arms, ammunition and stores, and to detain the same in your custody until the further order of the -court respecting the same, and to give due notice -to all persons ciatming the same, or Knowing or hav- ing anytlung to say why the same shouid not be con- demned pursuant to the prayer of the said libel of anformation, that tney be and appear before the said court, to be held in and for the Southera dls- trict of New York, on the 14th day of December eh at eleven o’clock in the forenoon of the same }, 1 the same shall be a day of jurisdiction, other- ‘Wise on the next day of jurisdiction thereaiver, then and there to interpose a claim for the same, ana to make their allegations in that beialf. Aud what you shalt bave done in the premises do you then and there saake relurn thereof, together with this writ, Witness the same, SAMUEL R. BerTs, Judge of the Said court, at the city of New York, in the Southern Gistrict of New York, this 24th day of November, in the year of our Lord one thousand eight hundred ud sixty-nine, and of our independence the ninety- Jour. a A ae. fra ERKREPONT, ed Stat NBLrICE Att '. Ggonrge F. Berrs, Vierk. — A CHANGE OF FRONT, Tt will be,noticed, on reading the foregoing docu- Menta, that a change of front on the part of the government la.apparent in the proceeding. It had een determined to base the libel and the seizure of ‘ahese veaseis on two distinct grounds—first, that ‘they were to be used against the republic of Peru, ‘with which the United States are at peace, and Recopd, that they were to be uscd by Spain to cruise and commit hostilities against the citizens and Property of the “colony or people” of Uuba, * with which the United States are at peace. This second ground of the Mbel was as clabarately “articwlatea" as the first, but on mavurer reflection, and perhaps taking into account the legal cou. struction such a eourse might be subjected to, as suggested im tho Haat of Tuesday last, namely, Mat it would be tautamount toa grasi recoguition ‘af tho rovolutioniats of Guba as belligerents, Judge Pierrepont concluded to drop shis second count of the libel for the present and await further aud posi- tive énstructions on the poiut from Washington, An amended Libel, containing this allogstion, has been prepared in the District Attorney's oMeo; and Jt will be filed in the District Courtas soon ay gudge Pierrepont receives authority to do so from the ad- ministration. Up to last evening he had not yo heard froin \Asiington on this question, although 4b Coua(aids Hviegrupbie Intercourse Will Lue guEiord Hi 4 ties there on other matters, as the drawback frauds and kindrea affairs. Should it ve dotermined to reat tne seizure on the grounds now preferred in the libel it 1a believed by some that the government may find some dimeuity in proving their side of the case, or at least that Spain will have no difficuity in disproving it. The theory advanced is that these gunboats, being espe- cially designed for service in shaliow water, will re- lieve the Spanish fleetnow stationed around the island of Cuba, and this formidable force will then be ina condition to serve at other points, the unsettied and “dormant” state of war still existing between Spain and Peru pointing to the latter country as the probable objective pot of the Spanish fleet, when- ever released from duty in Cuba, Those who advance this idea pretend to believe that such a condition of things is not within the scope and spirit of the neutrality laws of Congress, and that the courts will in all probability rule to that effect; and they assert, aiso, that tho count omitted from the libel at present, that these gunboats are destined for Dostile use against the colony of Cuba, 1s the only one to rely on, and that on it alone the government could hope to succeed in detaining this gunboat flotilla and preventing it to leave port, ‘nese state- ments are here repeated for whatever they may be worth. WHAT MR. Di LAMATER SAYS, Mr. Cornelius H. Delamater, the contractor for the building of these vessels and owner of the Delamater Iron Works on West Thirteenth street and North river, has been preparing for the seizure of the boats ever since he was informed through the Heap of the stepa about to be taken by the government. During Tuesday and yesterday forenoon everything movable was taken out of the boats and stored in the warehouses of his works. Carpets, crockery, tabie and kitchen furniture, bedding, curiains, lamps, tools, sails, yawls, yawi-masts, gun-carriages, in fact, eveything portable was taken out, leaving nothing but the hull, masts, tackle and engines. One of the boats was yet in the dry dock to be cop- pered. By order of Mr. Delamater, work on the ves- sel was stopped yesterday morning and sue was towed to where all the others lie about noon and moored alongside of her companions. In conversation with Mr, Delamater he did not seem to apprehend much delay, nor did he look upon the proposed seizure with anything like dread. He claimed that the boats were not epenigh, Tous at. gil M8. Zot. at they were his ow {dividual property. He hea built thom under contract with the government of Spain, and had received a portion of tue contract price, but the precise amount he would not state. He bas not yet deliverea a single vessel to the Span- ish representatives or to any other person for them, and uniil he did so, he claimed the whole flotilla as his own and his exClusive property. He will at once take the proper steps to appear in the cause as claimant and “interpleader,” and insist that the in- terdict be raised, the libel dismissed, the writ of seizure vacated and the boats returned to his posses- sion and custody. THE SEIZURE. Shortly before three o’clock yesterday afternoon the write of seizure and the required number of copies were placed in the hands of United States Marshal Harlow, who, at hall-past three P. M., accompanied by Deputy Marshal Wilson, proceeded to West Thirteenth street and North river, where they arrived at four o'clock. The Marshal iinme- diately sought an interview with Mr. Delamater, whom hé informed of the object of his visit, notify ing him of the seizure and serving ium with the prescribed notice on ‘monition’’ to appear in court and prefer his clalm why the vessels should not be condemned as forfeited to the United States in con- formity witn the prayer of the libel of mformation. The Marahal then proceeded to the dock aud wox formal possession of tue ihirty gunboats by vircue of his writ, At that time workmen were engaged on nearly all of them in various occupations, principally painting. By direction of the Marshal these workmen were ordered off the vessels, as no one except the oiicers of the government are allowed on board of them. Mr. Delamater inquired of Marshal Harow whetuer he would not be ailowed to go on with tho work, since @ compiete stoppage entall heavy pecumary loss on his sub-contractora, The Marshal replied that he hiupell nad no objection to such a course, but he bad no authority in the matter; he would consult the United States District Attorney, take his directions and inform Mr. Delamater of the result by ngon to-day. Deputy Marshal Wilson was left in charge of the boats and Marshal Harlow left the scene of his interesting oilicial iabors, Ever since the gunboats had been seized by an extra judicial order 1rom the President last summer, the United States gunboat Maria was ordered by Admiral Godon, commanding the Brooklyn Navy Yard, to watch them. She is still in position, athwart the dock, foot of West Thirteenth street, in command of Ensign John Bleecker, with a ful: crew, reinforced by some sailors from the Vermont, having up steam constantly and her gun,shotted, The Ensign commanding has orders not to let any of the boatsleave thelr moorings witout a special permit from the Admiral, and incase of disovedi- ence to take all necessary measures to compel com- pliance with hig orders, even tothe extreme of sinking the disobedient vessel. Marshal Harlow, on leaving the boats, proceeded to the Brooklyn Navy Yard with a view of prevail- ing upon Admiral Godon, to let the Maria remain in her present position, subject to the orders of the Marshal, as it would be less expensive to keep a strict watch aad control over the seized vessels by means of the gunboat, than by placing a Deputy Marshal in charge of each of the thirty vessels, It is believed that the request will be granted, CONDITION OF THE GONBOATS. Six or seven of them are in such a forward condi- tion, that they could have been got ready tor sea within twenty-four hours. All that they needed were the officers and crew and a* sufiictency of coal. The former have arrived in the Spanish war steamer Pizarro, and are now in this city; the latter has been contracted for and is ready for deltvery at @ moment's notice. The usual stores were all of board; but, as stated above, have again been removed previous to the seizure. Ten of the boata were expected to be ready to satl in about a ‘week's time and the rest in from three to four weeks, THE COUNSEL IN THE CASE, The government will be represented in thia im- portant international litigation by the United States District Attorney, assisted by Mr. I, B. Phelps, his first assistant. Mr. Delamater has retained as his counsel, to urge his claims as interpleader, Messrs, Webster and Craig. Yesterday atternoon, about the time that the seizure was made by Marshal Harlow, Messrs, William M. Evarts and E. W. Stoughton called upon District Attorney Pierrepont, at his oflice in Chambers street, and it is reported they informed him of their retainer on behalf of the government of Spain, and to make arrangements for a speedy trial of the issues of fact as well cs of law which ‘will be presented for tho decision of the court. A CALL ON ADMIRAL GopoN, Captain Evarista Casarsiga, of tne Spanish war steamer Pizarro, in company with two or three Spanish gentlemen, visited Admiral Godon, at the Brooklyn Navy Yard, yesterday afternoon, and were hospitably received, and, after a brief interview at the Admiral’s quarters, were shown over the yard, It was not ascertained whether this visit had any special connection with the affair of the Spanish gunboats, Interview Between the Spanish Minister and Secretary Fish—Rumors and Specuintions in Reference TheretoThe Purpose of the Government in Libelling the Guubonts— Protest of the Contractor Against Their Deteution—No “speck of War,’ , WASHINGTON, Nov. 24, 1869, Some conilicting rumors are @itoas here to-day in regard to, the libelling of the Spanish gunboats, and it 1s diMoult to get at the exael tvuth on the subject, owing to the etrict secrecy observed by the only par- ties who can furntsn reliable information. Serior Roberts, the very shrewd, skilful and ac- complished representative of Spain, called at the State Department this morning, had @ long interview with Secretary Fish, and came away, a6 18 reported, looking highly fur. ried and worried, as if something unplea- sant had happened, From this circumstance, which may be exaggerated, the whole tribe of in- genious guersers assembled pere have constructed a variety of storios more or less calculated to excite FG DUbLC Wud OU, for dsLanCe. doclares that | Seflor Roberts asked an explanation of the last movement of our government in ordering the Lbel- Ung of the gunboats and that Mr, Fish, with unusual bluntness, answered that the President had resolved to prevent tne departure of the fleet for reasons that could not yet be furnished. To make this plausibie the story teller related how the Spanish Minister de- manded ah explanation in a haughty and excited manner which stirred up the Knickerbocker spirit of our Secretary of State and caused him to answer Ina style that he would not have used but for the provo- cation given by the representative of Spain. Ihave very excellent reasons for knowing that there 1s not one word of truth in this, Indeed, any ome ac- qua‘nted with Mr. Roberts, who 1s an extremely cautious, cool and wary diplomat, knows very well that he would not under any circumstances conduct himself in the manner represented. Heis too much of a diplomat and a man of the world to tose his temper. Though a Spaniard, he does not display the national excitability credited to nis people, But aside from this merely personal reason, 1 know that no such heated interview occurred, Another story is that Seflor Roberts to-day made a formal demand for the release of the gunboats in the shape of a courtcous diplomatic note addressed to Mr. Fish, But I am also reliably informed that there 18 ag little truth in uhis as in the former story. The fact 13 just as I telegraphed you last might, that Seilor Roberts has never contemplated making any such protest at ail, nor hag he been urged by his government to do so. What he may do in the event of the condemnation aiid forfelture of the vessels is quite another question. Then he may find it his duty to demand from our government either tho surrender of the gunboats or reimbursement forthe money already paid over to the conuractors during the progress of construction, Seilor Roberts may be imetructed by his government that Spain will not accept our rpretation of the law; that it regards the 1dea of @ “dormant state of war’ with Peru as one not sanctioned by the law of nations, and that our government must accede to either one of the two demands, to wit:—Surrender of the vesseis or reimbursement for moneys ex- pended in their construction. But even this proba- ble action of Spain is very much doubted here in quarters where the question is the subject of mature deliberation, In such quarters it is considered that Spain would not attempt to take the ground that sbe had a right to interpret our neu- trality Jaws. That such @ thing would bo simply ridiculous in view of the fact that thé question is one pertaining entirely to judicial tribunals and not to the Executive of either country. Thep, as regards reimbursement, it 18 neid that Spain could only look to the contractors for her loss, and not to the gov- ernment; that our citizens could not plead ignor- ance of the law any more than spain herself; that such citizens a8 might assume ‘a contract violative of our law must bear the consequences, and that Spain herself, being a party to the contract, must necessarily be without redress either in our courts or from our government. This, in brief, is the light in which the matter 1s regarded here. Now, as to the interview between Roberts and Fisb. There 1s no doubt such an interview occurred to-day, but what was said and done has not trans- pired. Ithink it 1s safe to assert, however, that there was nothing that coulda be magnifiea even into a speck of war. Sejlor Roberts has had many inter- views with Secretary Fish abou; this matter, but tuey have allbeen of a pacitic nature, Before the night is over perhaps I may be able to give you some specific information about the Interview, which creates such excitement. A good deal of misapprehension evidently exists concerning the true meaning of this “Iipelling’’ pro- cedure, and it is worth while to correct it, to some extent at least. You may be assured that the ex- planation coutaimed in my despatch last evening ia the true one, and that all the verbose statements that have appeared are mere exaggerations and mys- tificauons, There is no war meant, The govern- ment merely takes this last step for the purpose of clearing away all doubts existing as to the true meaning of our neutrality laws. 1t does it now sim- ply because itis the proper moment. The vessels were not completed before, and there existed no necessity until now to have them libelled. In fact, it 18 a mis- take to assert that they were held ai all heretofore. Tue contractors were merely notified that the ves- sels would not be allowed to depart from the coua- try without permission from the proper authorities, and precautions were taken by the Navy Depart- ment to see that this notice should be obeyed. But none of the vessels attempted to leave, and it was only within a few days that Mr. Cornelins Delamater, finding the vessels so far advanced towards completion, had prepared by an _ attorney a sort of protest agaimst preventing their departure. This protest, which 1s quite lengthy, was sent here to Secretary Fish, and was, in fact, the very thing that led to the order Tor libelling the vessels. Tie matter was laid before the Cabinet, was fully discussed, and the conclusion arrived at was that the government could not pre- vent the departure of the vessels without having them libelied according to law. Mr, Delamater’s protest stated, among other things, that should they not be allowed to aepart he would not recetve from the Spanish government the amount still owing tohim, which is $300,000 in gold. Acopy of this protest was sent this morning by Mr. Fisu to Colonel Freyre, the Peruvian Minister, The following is Mr. Fish’s letter:— WASHINGTON, D. C., Nov. 23, 1869, Sin—Herewith I have the honor ‘0 enclose for your miormauon the protest of Cornelius Deiamater, oi New York, against the further detention of the steam gunboats constracted by him for the govern- meut OF Spain, and to state that in yiew of the im portance which this matter has assumed it has been determined to let the decision rest with the courts of the United States having jurisdiction oi the sub- ject. Jam, sir, with bigh Gonsideration, your obedi- ent servant, MIAMILTON FISH. In this protest it will be notived that the words “further detention” are used, a3 if the vessels had, in point of fact, heretofore. been detained, wach, strictly, Is not the case, as explained above, ‘The Peruvian Minister has had nothing whatever to do with this movement, except in so far as he was the Original complainant; but it is expected he will be an active participant in the legal proceedings, as he will be called upon to furnish proof of the destina- tion of the gunboats and the purpose for which they are constructed. It 1s further understood that Colonel Freyre, the Peruvian Minister, will have an interview with Mr. Fish to-morrow, when some- thing interesting may transpire. OLD PUBLIC SCHOOL NO. ‘The regular meeting and reunion of the “Ola Ninth Ciass, Public School No. 3, was held last evening at Delmonico’s, under circumstances that spoke volumes for the sincerity, friendship and thorough appreciauion of schoolboy reminiscences that pervaded the entire assemblage. The asgocia- tion under whose fraternal auspices the meeting was arranged, was formed chiefly for the purpose of perpetuating the memories of schoolboy days and the renewal of friendly intercourse. ‘The meeting last night was a harmonious one. it could not have been otherwise, for While surprise most agreeably marked the uncxpected comming- ling 01 old, old schoolmates, the result after slight Qnd Weicoime explanations was gratiying tn the ex- treme, A sinile of satisfaction, evidently universal, beamed on every face, and the hearty hand-snaking of gray-iatred merchanis—years ago playtug tricks under the schoolinaster’s very nose—was a grand example of tie mutability of human adairs. Some taiked of how they carved their names upon the aesk, how they covered the engraving with ink lest the irregular cavities should be discovered, of their drubbings and their good times generaily, ‘There was a very large attendance. Mr. B. Suther- jand presided, That gentieiaa narrated some ver, interesting facts reiavive to pubic school No. 3, it Was fouided in 181s, there being tuen in attendance 48 scholars thirty-three boys and seventeen giris, Jo the year iggy the foundation of a new buildin; 1n connection wi 1@ Sgiudestablishment was lat at the corner of Hudson and Broome streets, Dururg that year tue schooi was visited by Lindley Murray and George F. Kembie, aud in 1928 the wnstrumont of castigation, Known to most Loys as tho ratan, was laid aside for a new patent strap, that worked wou- ders, Dr, Patterson, witose pame was aifection ately attached (o this urgenization became principal th 1886 and continued so for thirty-five years, when ee compeed hing to retire jrom Mis onerous se tke Corresponding Secretary, Mr. G. Cardozo, Toad & neimber of leiers from old school. mates, who regretted their unavoidable ab- sence, owing to the separauon = b; dis- tance, but who nevertheless expressed thew dust sincere hopes for the success of the associa tion. Some roniine busin principally of a iinan- cial eharacter, having been disposed of tue assem- blage adjourned to an adjoming room, where a collation was ek os eee up. A iew speeches, chiefly relating # schoolboy reminiscences, were ipade, aiter which (ho reunion way brought to @ URE DY Chowee Ps WASHINGTON. THE ALABAMA CLAIMS England Disposed to Accede to the Demands of the United States. QUESTION. Report of the Secretary of the Navy. Importait Subjects Before the Committes on Foreign Affairs, WASHINGTON, Nov. 24, 1869. The Paraguayan Investigation Completed. The Sub-Committee on Foreign Affairs have entirely finished their investigations into the Para- guayan controversy. Mr. Orth 1s uow busily engaged m preparing a report to be laid before the general committee early after the meeting of Congrese, No action will be taken before Congress until after the Christmas holidays. Those of the Foreign Commit- tee now 1 this city express the opinion that a great deal of business will come before them during the approaching session, The leading questions anticl- pated are in relation to St. Thomas, Cuba and the apnexanon oF St. Domingo, ‘the Alabama Claims—Prospect of a Sutive factory Settlement of the Question, The entire speech of Mr. Gladstone at the Lord Mayor’s dinner has just been received here in Lon- don papers, and ts regarded as friendly to the set- tlement of the Alabama claims question in a manner satisfactory to the United States; and this view is strengthened by letters trom distinguished sources in Engiand making inquiries and suggestions indi- cating @ continued improvement in the state of feel- jug on this subject, and strongly expressive of the desire that the dispute be promptly adjusied. There has, however, been no oflicial actlou, but the aspect leads to the bellef that negotiations will be resumed at an early day, The Question of Rank in the Navy. A report has been published to the effect that Admiral Porter has endeavored to iniuence the board now in session for the adjustment of the dif- ferences between the line and staif officers of the navy, to the prejudice of the latter. One report states that the Admiral sent to the board a bill, which he prepared nimself, with a letter urging its adoption. Now, the truth is, the Admiral, aware of the feeling against him on this subject, has refused to make any suggestions to the board, and even de- clined to give advice when asked by oue of the members. It 19 supposed that the object of these reports is to influence the Naval Committees of Con- gress and to prejudice public opinion in advance against the report of the board, The story of want of harmony among the members of the board are, I Tearn, ficlicrous, Annual Report ef the Secretary of the Navy. The annual report of the Secretary of the Navy is Ainishec and will be sent to the printer next week. Tt is about baif the length of the last report of ex- Secretary Welles, and will wake about twenty-five pages of printed matter. Mr. Robeson says nis fature reports will be even more brief. in this one it Was necessary to give a detailed account of the reorganization of the navy, and also to recommend several reforms in the service which will require legislation from Congress. The financial exhibit of the Navy Department, as shown by the Secretary’s report, 1s very flatiering, proving conclusively that with all the money spent recentiy in fitting out ves- sels the department has been run at an expense less than it cost during the last year of the previous ad- ministration. Tho Proposed International Fair. To-nightata pudlic meeting of cttizens, largely attended, © comunittee reported that after two days only of canvassing they had obtained subscriptions to the amount of $230,000, including $6,000 from Presi- dent Grant, in furtherance of the international fair to be held in Washington in 1871. The announcement was enthusiastically received and foilowedgby adal- tional subscriptions of $200,000. The amounts sub- scribed range from $1,000 to $10,000. These, witi the subscriptions to be paid by the city muke a total of about $1,200,000 secured for that object. These favorable circumstances led to the passage of a re- solution definitely fixing the purpose of holding an international exposition. The committee will resume tiieir canvassing, calling on rallroad corpo- rations, Menufucturers and others. The pros- pect is that as much more will be real- ized. Interest has already been awakened in Europe, Henry D. Cook, chairman of the meeting, has received inguiries from mechanics, institutes and manufacturers of Berlin, Paris, Man- chester and other European cities. A gentleman stated he was in London, when he hoard of the pur- pose of holding this fair, and that from what he learned the Englisimen would not only exhibit their wares, but many of the citizens would avail them- selves of the opportupity to visit the capital of this republic, The Ninth Census. The Sub-Committee on the Ninth Census are stili busily engaged im framing a new law in relation to taking the census, It will be some days before their labors will have been completed. Wibel Suit. ‘The Republican of this city has got another libel sultonhand, A Treasury official has bronght suit against the paper, laying damages at $10,000. for an article published a few days ago, in whieh ho was charged with seducing a lady. Stato Dinner Party at Secretary Fiah’s. The Secretary of State gave a large dinner party last evening, said to ne the most recherche given in Washington tis season. Among those present were the President and Mrs. Crant, Secretary Lel- knap and lady, Senator Morton and lady, Admiral Porter and lady, Secretary Robeson, Assistant Sec- retary of State Davis and lady, Genera) Porter and lady, Mra, General Babcock, Secretary Cox and lady, Hamilton Fish, Jr., and Postmaster General Cres- well and lady. Executive Appointinents. The President has appointed Samael A. Wh cel- wright, Consul at Rosario, Argentine Repubiic, The President has appointed JohngB. Southworth, to be United States Auorney for the Northern dis- trict of Alavama, vice Francis Bugbee, suspended, Presidential Visit to the Nevy Yard. The President and Mrs. Grant, Admiral Porter, Secretary Robeson and a large number of other pro- minent persons, including ladies, by invitation, vis- ited the Navy Yard this afternoon, After viewing the United States steumers and other objects of in- terest they were entertained by Admiral Dahlgren at his residence. The usual salute was fired and there wa3 a dress parade of the Marine guard, Relief of the Lilian Filibusters. The following letter was to-day received at the Department of State:— Navy Derartwent, WASHINGTON, Noy. 23, 1409, ' S1R—I have the hunor to acknowledge the receipt of your letter, dated Whe 20th inst, reiative to whe Mestitute condition of & number of musguided citi- zens of the United States who have been abandoned 1a Nassau, N. P., by the steamer Lilian, alleged to have been engaged in the service of she Cuban insur. genta, Rear Admiral Charles H, Poor, commanding the North Atiantic fleet, bas been instructed to seud one of his vessels to Nassau for the purpose of re- celving on board and conveying to key West such of the men referved to as wish to avatl themesives of the passage and will agree not to jave here- after the neutrallty laws of the United Stares, Very respectfully, your obedient servant, } Gn. M, ROBESON, Secretary of the Navy. Hon, HaMiLtoN Fisu, Sécretary of State, UNITED STATES SUPREME COURT. Liabilities of Express Cempanies=-Voin Cone tractsCharters Granted by Legislatures Subject to Constitutional Revision. WASHINGTON, Nov. 24, 1869. The following cases were argued before the United States Supreme Court to aay:— No. 166, The United States Kupress Company, Piain« tifa in Error, vs Kountzie Brothers.—wrror to the Circuit Court for the Distriet of Nebvaska.—The ac- tion was commenced by the defeadants ia error to - NEW YORK HERALD, THURSDAY, NOVEMBER 25, 1869.-TRIPLE SHEET. them from Omaha to Philadelphia. The declaration ‘Was fled in the District Court of the Territory for Douglass county and describes the plaintiif there as “an association of persons, not incorporated, formed for the purpose of carrying on the banking business im Omaha,” and avers that they were tius engaged wien the actlon was brought. The answer of the defendants was 4 gen- era! denial and an allegation of a special contract between the parties exempting thei from liability for ihe lossof tue property. Replication was fled to this, charging a loas by the negligence of the car- riers. Subsequently the pleadings were filed in the Circuit Court of the United States for that district, Where the express company at once filed Gemurrer to the replication. Before hearing the demurrer was overruled and the case was tried, resulting in a ver. dict for the plaintifis for avout $3,000, upon which judgment wus entered. The company bring the cause here. alieging error in rulings below, 1a that the Court ref to instruct the jury that by the special e t up the express company sed 10 be o 6 private car- rh recovery ; and in rejusing to Here could in no event be & recovery beyond tue value Of the property as repre- scnied ut the lime of delivery to the carriers, there having deen an averment that property ot the value of $4,000 had becn delivered for tra: tation at agreed rates for $5,600, ‘The potnt is wiso made tat there is nothing in the subject matier of the cause to authorize its removal from the |istrict Territorial Court to the Cireuit Court; and that the pleadiaga, a8 quoted above, in respect of the citizeasbip of the parses, doy nol show that the case 1s wituia the pro- Visions Oi te judiciary act tn that regard, conferring jurisdiction on the Cireuit Court, and enabling it to take cognizance of the case. Argued by J. Hubley Ashton for plaintiifs In error, uO one appearing for defendants. No, 271, Oliver Bronson, Piaintif tn Error, v8, Ste- phen Kimpton.—Error to the Court of Appeais of the State of New York.—Tius is another com con. tract case. On the Lath of May, lo, the defendant borrowed of the plainuil in error $1,500, and to 8e- cure tue repayment gave his bond aud —_ payabie in gout or stiver coin July |, i864, with in- terest in com. ‘fhe form of the bond and mortgage is identical with that in the case of Bronson YB. Raodes, reported in 7 Wallace, 227. Vayiment was oifered In ‘treasury notes, which was declined by uke plaintif in error, on the ground that coin was required, in com at that ume (August, 1864) being worth 5 in Treasury notes, A hill was fled la tue Supreme Court o1 New Yors, prayly that the morigage might be discharged, ‘I plaint was dismissed at special Term of the court, but the Gea- eral ‘Lerm reversed the judgiment and directed the mortgage to be cancelied, The Court of Appeals aflirmed the latter judgment, and (ie cause was brought here, where it Was now submitted on be- half oJ the platntuf in error, the decision :n Bronson vs, Rhodes having virtually disposed of the issue, John J. Yownsend for plainuuy im error, the deien- dant not appearing. Nos. 273 and 274 The Washington University, Plainiig in Error, vs. B.S. Rouze, and fie Home of the Friendiess vs. the Same.—Exror to the Su- preme Court of Misourl.—The plaints 1m error in these cases are public lustitutions of the city of St. Lows, mcorporaied under the laws of Missourl, and by the acts of incorporation exempted from taxa- tion by the State; and in respect of tne Home of the Friendless, the statute provided that certain sec- EMIGRATION. Important Meeting of thc Conunissioners. A stated meeting of the Commissioners of Emt+ gration was held last might at the New York Society Library buildings, University place. There were pre sent Messrs, Gulian ©, Verplanck (president), Winston, Kapp, Beasinger, A. Oakey Hall, Smith, O'Gorman and McElroy. Acommunication was read and referred to the Vastie Garden Committee from emigrants who liad taken tickets In Liverpool from Messrs. roster & Oo, for the New York Central Ratiroad, and that they arrived by the Minnesota on the 23d instant and on presenung their tickets to Mr, Robert Murray, ageut of No. 4 Bowling Green, Now York, he reiused to accept them, and that he did not recognize Messrs. Foster & Co, The affidavit Stated that deponents had reason to believe that Murray bad ample funds of Messrs, Foster & Co in hand to indemnify himself against loss, These emi- grants were compelied to claim the protection of the Commissioners and obtain reilef from them. A report was also read from the Commisstoners who had met in reference to the building of a new asylum for lunatics at Ward’s Island, ‘his report recommended that the plans of Mr. Carl Phiffer be adopted. In reply to Mr. O'Gorman Mr. Casssaiy sald that the approval of the plans by the Commisioners and the report having been read with others at a previous meeting of tue Buard, he considered that it was adopted. In answer to further inquiries it was found that this was done at a meeting of the Com- missioners at wich a quorum was not present, Mr. OAKrY HALL urged that it was highly neces- sary that all the information that It was possible to get about the building of so Important au Institution us the asylum at Ward's island should be obtained hefore the Commissioners comiurtted themsélyes to any specitic pian, however good tuat plap may be, He showed the great advantages of that in reference to the plans for tue new 2 itive. Alter a Jengthy discussion @ motuon of Mr. O'Gor- man, secouacd by Mr. Oakey Hall, that the mninutes oi the meeting, With the exception of tbat relating to the accounts, be not confirmed, was carried, after Which the following motion was uuanimously care ried:—*Phat notices be issued in three of the daily | papers requesting architects to send in piuns for the lunatic asyluin on Ward’s Isiand, and that they be sentin betore the 16th of December; and that the committee be instructed to advertise 4 like netice to builders when taey are in @ position to do so. ‘That $5,000 be placed ac tueir disposai for the purpose of remunerauon to architects who may forward plans,’? Mr. Kary then drew attention to the present moue of raiiway Couveyance for immigrants. Lue express traias (o Uhicayo run in tuirty hours, while tt took from four to elx days for immigrauis to get from New York to Chicago; and that immigrants have not proper accommodation, and that some of the immigrant trains are compelled to give we right of way to catue trains. Mr. Kapp then called atten- tton to wiat he said were inore recent causes of abyse anc imposition, ‘The booking irauds, against which the Commissioners have labored so energeti- tons of the act of 1845, making the charters of such institutions subject to alteration, suspension or repeal, should not apply. ‘The University was incor- porated Februaay 22, 1863, and the Home February 3 of that year, ihe new State constitution, adopted ia 1865, wuthorized the Legisiature to limpose taxes on such Insitutions, and to carry that provision 1uto eilect an act was passed tie same year repealing the clauses of ail charters wihich provided exemption. Accordingiy the Collector of St. Louis levied taxes upon the property of the plaintiffs in evror, Who sued out aa injunction re- straining the collection, On the hearing at the Cir- cult Court of the State the Injuuction was granted; bat the Supreme Court reversed the decision, hold- lug that the provisions of the charters as to exeimp- tion did not constitute a contrac en the State and the institutions. ‘Tne case is ‘¢ for review, the plat im error contending that imusmuch as the Slate constitution existing @t the dave of the acts In corporatiug them did not contaia auy provision reswaining tae Legislature irom such legisiauion the acts were i, aud the consideratic involved In the establishing of the instilutious created a contract between the scate and ine parties uadertaking it; and the pronibition cf the present coustitacion conclu. sively shows that in tis absence the Legislature was: free CO act im the manner It did, it is insisted that the question of power in the Legis- lature to make such contracts, aud tat when accepted they become frauchises of the corporations concerned and beyond the reach of the Legislature to repeal. 13 too well setiled to require the citation of auinorities. ‘To suppose tial any con- siderations beyoad the public objects lor which these corporations Were created were necessary as the basis of a contract 18 a mistake. Tue consideration found im the nature of those objecis, the acvept- auce of the Charter, ang the consequent mpi dertaking to use its franchises in Uie Way and jor the purpose ior which they were granted. Such has been the settied law of this court siace the case of Dartnouth College vs. Wood ihe delendany in error insists that the Legisiature had no power to promise that the State should never tax these insti- tations without requiring @ bouus, or e consid. eration in licuot (axes; and chat by these acts of incorporation it did not “‘attewptto do so, because tne language of whe acts. does “hot--expres:iy Say that taxes sall never be levied and that the State shall forever be bound. The language not beng expressed the law will not unply such @ meaning. ine charters, it is conceded, are beyond the repeal oi the Legisla- ture and the control of the State; but the exemp- Hon from taxation is @ mere gratuily, Mitended to last during the pleasure of the state aud subject to repeal at any tine. ‘Nhe Legisiature omit 8 the agent of the State, to provide tor any couimensurate advantage to the State or for auy cl upon the Institutions, Cad Unis omission is fatal vo the char- ters as Coatracts agatust taxation, ut if it was the Intention Oi to Legisiature to Jorever exempt irom nt of the State taxation if had no power as an ay todo, 2. 0, Curuis Lor plaiacii Dick for the § 2%. L 1 error; Blur & te. € of Probst 0% Z Brock. juivlds et al. vs. £ —iuese cases AFFARS AT THE CUSTOM How. More Alleged Frauds Through False Invoices. Despite the rumors woich were current yesterday of “colossal frauds” in the Custom House, in which prominent merchants to the namber of 200 were sald to be implicated, there was no apparant exvite- ment in any of the ofices of the departinent, and strange to say nobody knew anything aboat the matter when ingiry was made yesterday. Although seizures of smuggied goods and of goods for which false returns were mae are of fre- quent occurrence the Custom House ollicers take the utmost precaution to preve it the facts of such seizures being made known until tie goods are de- clared duly forfeited to the gov ascertained yesterday that about aquantlly of wine, of the value of Wu, was de- tamed in bond, re being stroug grouuds for sup- posing that false invoises tad been givea. Tbe owner was compelled to give bonds in the sum of $80,009 before be could obtain possession of the wines. The whole matter is how tac ag mves- tigatton, {t 13 Known that severai merchants of the city are implicated, but until the charges agatnst them are proved the Custom authorities will not give the names of the parties for publica- tion. The scatement that 200 merchants are concerned in the alleged fraud 1s a gross exaggeration, The officers of the Ninth division in the Custom House aifect to be indignant at the very mention of the feasibility of a compro- mise between themselves, a8 representatives of the government, and the accused merchants; but a high olllcer in another Cepartment, Who was asked what he knew about the matter, stated in a matter of fact way, lot without significance, tnat ‘it would not do to publish anything a ut these aifairs at this time, or while It Was possible to have a setticwent favorable to the government.” So it would seem that wile it Was possible tuat the ends of justice might be de- feated through the publication of the names of the accused parties, there 18 also abundant room for tie Ruspicion that the ends of jastice might be defeated by withholding those names, The oMecers, how- ever, are masters of ihe situation, and wilt only give the patient public as much information as‘ suits them. TRIALS OF POLICEMEN--THE LIBERTY STAZET Fite. At the police trials before Commissioner Brennan yesterday morning the case of oficer Coraclius Mar- tineau, of the First precinct, charged with gross neg. lect of duty, came up. It will be remembered that this was the oficer who was dn patrol duty on Liberty street Wien the fire occurred at No. 63, at which the Jessop f ly perished. The coroner's jury censured the oflicer for not being more alive to the exiger of the moment, and for not teliing avy of the iremen ‘sence of the family in the burning building. ct Was read from the report of Brackett, setting forth that on the spot When the fir courred, and by his own statements knew of the pc us being there, The next witness was Captain je Gump, of the Second prectict, whose Testinony showed Rae though he had been there from tne time of the first alarm, he was told nothing of we pregence of tue Jainily. One or two otvers Were exanmed, when the yas adjourned for one w to aliow the de- roduee An imporiaat witness, co wuom the | © tuld Of the presence of the waforiu- he buitding. THEFT OF A SADULE. Detectives Reilly and Corkey, of the Fifteenth pre- cinet, yesterday afternoon arrested a negro named William Hy Williams charged with stealing a side saddlo from Major Townsend Connolly, valued at $110. The saddle nad been ordered in May last to be sont to the stable of Adjutant Connolly No. 217 East Thirty-fourtn strect, where it was received by Williaa, who resides over the stabie, erly Was found in the auction roont of J recover of the express company, us a common car- Tigh, we valug of cortaia auld dust forwarded by | cally since Its creation, and whici, with @ few ex- ceptions, were almost entirely done away witb, were bow more flourishing than ever In Sweden, Denmark and Norway they were quite the rule, Gothenburg and Copenhagen ry) were in the haot of issuing orders lor American inland uckets on the so-called “Great European, American Emigration Company,’ State of New York, and which of late had refused to accept such orders. Not a week passed in which dozens Of Swedes and Norwegians, aud also pas- sengers {from Liverpool and London were not checked 10 Us Way, and prevented from continull their journey to their place of desuuauon. Althoug: ib Was wade a condition of the readmission of Mr. Van Ness to Castie Garden a3 agent of the New York Central Kailroad that he shoula discon- tinue bis booking agency at Havre, the no- torious Foss still issues his orders there ov New York, and from fiiteen lo tweaty agents do lhe sume under him. Complaints of a stul worse pacure had becu frequentiy brought against the Erle Kailway. its ugent m Castie Garden was charged With selling tickeLs to ports on Laxe Superior via Buifalo by u steamboat line which has but one satl- ing day in the week, 80 that the passengers who contracted witu Mr. Hogan bad usualy lo walt gev= eral days before they could leave Buialo. Otuer emigrants who Were bouud for Preston, U. W., com~ piain that they were induced at the Chamber streot ‘ofiice of the Erie Raliway to buy tickets via Buifalo Waicl cost them double the price it would have cost if they ad gone there directly and occuvied twice tue time. He thougut it was Une these operations should be stopped. These nefarious iransactions were laid by the public on the suouters of the Bmi- gration Commissioners, He thougnt the whole rail- road system in Castie Gorden should be changed, He woul not alow a road to be represeuted tn the Garden taxt sold Lickers in Hurope., in bis opinion all the ageuts ought to be removed from Castile Garden, and the business should be done direct, between the Commissioners and the companies, that change were woo radical he would suggest that tat the Commissioners compel Lhe roats to appoint one Mau Who should be their sole Tepresgulative in their intercourse With the Cominissioners: Mr. O'UOXMAN sald that he had a conversation that evening with an Erie agent and be was told thas the charges made by Mr. Kapp as to tat road were not correct. #irst Class trains went in thirty-six hours ana emigrant trains in sixty hours. He was authorized to say that uf an opportaully was given the Erie agents would show those statements to be of Mr. rto refer the charges made by Mr. Kapp to the Kullway Grievance Commitee was car- ried. Mr. Karr then drew attention to the twentieth section of the article under which the Commission was formed which stated that “No person holding under Lue government of the United States or tls State, or of guy of taese States, or who should be m Wie employment of the Comussioners of Emt- ausportation gration shall solicit custom of any line, or shall be interested in any way, directly or indirectly, in the forwarding Of emigrants, under a penalty of not less than oue hundred dollars and not exceeding tree hunared doliars, to be used for and iu the name of the people of this State,”? In reply to inquiries Mr. Karp said that the sec- 2 upon the appolutment of Mr. Justice sOUMAN, Mr. HALL and Mr, MoBuRoy were’ of an opinion t uf there liad been an evasion of the law tle Commissioners were aot the persons to instituce pr “dings for penalties, Mr. HALL sald that Justice Hogan had consultet him at the time of ats appolutmeut to the agency of the 2 road, and when he (Mr. Hall) was District Altorpey, be bad advised hini that he was not break- ing the law; to that opinion he still heid. On a motion, after along discussion by Mr. Bese NGER, Chat the motion be referred to the Castie rden counsel, an amendment was mude to reier the question to the counsel of the Counmussioners, and tic amendment was ultimately carred by the casting vote of the chairman, ‘The mecting then adjourned, ‘The seni!-monthly statement of the Commissioners: shows as follows: inver of emigrants arrived to. Noveniver 17, 1 ,315; number of emigrants. arrived since to November 24, 1369, 5,324; total arrived to date, 244,537; to same date 11 1868, 200,451, Cash account:—Balance In bank, Januaryel, 1869, $4,041; aggregate recetpts, to November 24, Vi $735,457; Loral assets, $705,528; disbursements’ aa per previons accounts, to Novewwber 17, 1869, $400,838; palance to credit of Commissioners, $302,600. FIRDS. Fire in Mangin Street. Yesterday morning @ fire in A, Christian’s hobby horse factory, Nos, 87 and 89, resulted in $1,000 loss on stock aud $500 on building, In Twelfth Strect, At efght o'clock last night a fire was discovered on the roof of the iron foundry of L. Morgan & Son, No. 650 Fast Twelfth strect, causing a loss to the building of $1,000, fully insured, In Eighth Avenue. A few minutes atter five o'clock a braid of hair in the window of the store of James Amos, No, 331 «Eighth avenue, caught fire from the gaslight, causing a loss to the bulld. of $1,600; m- sured for $8,000, ‘the basement, occupied by A. Sh ick, 25 a and trunk store, Was damaged $400: no Insurance. ihe first floor, occupied by Mr. Anos, 8 $200; Insured for $1,800 Im the Metropoll.an, ond aud tiird toors, OG+ cupted by Prank Kusseil, photographer, damage $1,v00; no insurance. The Brewery Fire. The loss in the fire at Jones’ Brewery, No. 648 Sixth street, Tuesday night, was fully $40,000, insured as follows:—Columbia, $5,000; ~ North American, $5,000; Guardian, $5,000; Mechan- ies’ and Traders,’ $10,000; City of Tai $5,000; Commerce (Albany), $5005 mxcbenge, H ‘er, 35,000; Now Amsterdam, $3,0J05 Merchants’ (Harefora), $5,600;" Als 500; Exceistor, $2,600; Lafayette, 00; Westorn of Buffalo, 009; Ki Wot Hope of Providence, she f 500; Gebuard, 38,0005 WOO; North ‘American of Marion ‘y $2,500; Importers’ and ‘Traders’ % Humboldt, inen’s Mutual, $6,000; Security, $10,000 ce Company of ’ North ‘Ahonen $2,600 Atlan, $6,00 Bina, $5,000; WiLiamsburg, $5,000; | Montauk, $2,500; Fulton, $5,000; Bul- {aio ‘City, $5,000; " Lennox, $5,000; Adrlaticy $5,000; Beekman, — $6,000; Continental, Ou05 Auanic of Pennsylvania, $5,000; Commonwealti, et Clarier Oak, $5,000; Providence of Washiage ton, $6,000; American, $5,000; buttalo, $5,009; Home ot New Haven, $2,600; Aitaa of Capital City, $10,000; Eimpt Hartford, $10,000; Norwich, $2,600% $2,500; Springtield, massachusetts, $3,000; Sterling, 36, Standard, $2,0 Patan of Hartiord, $2,500; Firemen’s Fu politan, $6,090; Imsuranc: 2,600; Franklin, Pennsyly AAVErpool, $19,000. Total, $285,000, divided a8 Tobe ja, $5,000; Queen's van Tassoll, where Willams nad sold it tor seven- wen dota Ho will be arralgned ac Jerterson kot thy morning and commiiied to onswer the Cail ge lows: NZ, $169,029; machiaery, $§29,d Uy wait General, $97,000, My gr. iscussion took place and a mottoif™~—_