Mr. Hoar, Attorney-General, to Mr. Starbuck, district attorney.
Sir: The steamer Hornet, which is now detained at the port of Wilmington, presents a case to which I wish to bring your attention. I understand that some proceedings have been commenced before a United States commissioner, and that Judges Parson and French have appeared on behalf of the Government.
[171] From what is reported of the case, it would seem to me that evidence sufficient to convict the officers of the vessel and a considerable part of the men, under the fourth section of the act of April 20, 1818, might be found, and probably against some of them under the sixth section of the same statute, and that evidence for the purpose might be obtained by proper exertion from persons on board the vessel. It is desirable that you should attend to the case, and take all proper measures, upon such facts as you can ascertain, to prevent the departure of the *vessel upon a hostile expedition by libeling the vessel, or prosecuting the officers and men belonging to her, or both, as the facts, when investigated, may seem to warrant.
Very respectfully,
Attorney-General.
Darius H. Starbuck, Esq.,
United States Attorney, Salem, North
Carolina.