[181] *Mr. Phelps, assistant district attorney, to Mr. Hoar, Attorney-General.
Sir: A libel for the condemnation of the steamer Hornet, otherwise called the Cuba, was filed in the district cornet on Monday, the 18th instant, and the monition issued early in the forenoon of that day and placed in the hands of the deputy marshal for service.
For reasons of his own he did not attempt the execution of this process until yesterday, when, in company with the collector of this port, he boarded the steamer, and the commander, Mr. Higgins, being sent for, the marshal demanded possession of the vessel, exibiting his monition. Higgins refused to deliver his vessel to any other authority than that of the President of the United States, in the person of a military or naval officer. The deputy marshal thereupon called on the commander of the United States steamer Frolic, who sent his executive officer on board, to whom Mr. Higgins surrendered his ship, which was then turned over to the deputy marshal, who has since retained custody of the same. Immediately thereafter Captain Higgins called on me and requested me to instruct the marshal to allow the men to remain on board, assigning as a reason therefor,* that if they were put ashore they would disperse, and then, in the event of the release of the vessel, of which he felt confident, it would be impossible for him to ship another crew here without violating the law, and thus the vessel would be lost to Cuba. [182]
[Page 851]Mr. Pearson and myself, after consultation, replied to Captain Higgins, through his counsel Mr. Davis, declining to accede to his request, and informing him frankly at the same time that it was the intention of the Government that his vessel should not go to sea in the service of Cuba. The men were, therefore, put ashore, and are still here in the city. One of them was unfortunately killed last night by falling from a window.
There are no new developments in the matter of the prosecution against the officers, which will proceed to-morrow unless some further postponement is obtained by the defense.
Very respectfully, yours, &c.,
Hon E. R. Hoar, Attorney-General.