Mr. Barlow, United States marshal, to Mr. Hoar, Attorney-General.
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.”
[Page 736][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 allowing 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,
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.