Mr. Fish, Secretary of State, to Mr. Pierrepont, district attorney.
Washington , November 26, 1869.
Sir: I have to acknowledge your letter of the 25th instant, in which you acknowledge the receipt of mine of 23d, and of a telegram from me of the 24th instant.
[772] You mention that the gun-boats (building by Mr. Delamater) were libeled on the 23d instant 5 that you suppose a motion will be soon made to release them on bond; that as a matter of course they will be released, provided the bonds are satisfactory, unless the Government for some reason, or without reason, except its will, desire that they should not be bonded. You wish, if the Government oppose their release on bond, to be advised at an early date, as this will be an important question to be determined on a motion; and you say that if the Government are willing they should be released on bond, then your course *will be very different from the course which you should take if the Government do not wish them so released.
The interference of the Government with these gun-boats was induced upon the representation that they were designed to operate in violation of the neutrality obligations of this Government. The immediate moving suggestion was a remonstrance from the Peruvian minister accredited here, against their departure, alleging that they were armed vessels of war, belonging to the government of Spain, with which, as he claimed, the republic of Peru was at war.
The Government having become satisfied that the vessels do not belong to Spain, (whatever may be their eventual ownership or destination, [Page 742] but that they are the property of an American citizen,) in deference to the claim of the Peruvian government, through its minister, has authorized the proceedings which you have instituted.
The Government does not desire to interfere with the proper discretion of the court in the administration of its duties, and still less with its decisions and judgment.
[773] The President explained to you personally his views and the attitude in which the government stands toward this case, and he knows no reason why, if the court decides that the vessels are entitled to be bonded, Mr. Delamater, their builder and owner, should be deprived of the right which a solemn judgment of a court shall have awarded him. He desires judgment to be given on the merits of the case, without making it an exception to the ordinary administration of *the court.
Your suggestion of the appointment of a special admiralty term for an early trial of the libels meets the approval of this Department, if such appointment can be made without interference with public interests or other important business of the court. An early decision of these cases is very desirable.
I have the honor to be, sir, your obedient servant,
Hon. Edwards Pierrepont,
United States Attorney for the Southern
District of New York.