Mr. Hoar, Attorney-General, to Mr. Phelps, assistant district attorney.
[183] Sir: Your letters and telegrams have been received to this date. *I do not understand how Captain Higgins has managed to escape, but shall probably learn, and have no doubts that it was without any responsibility on your part. I wrote you to continue to attend to the prosecution of the libel against the Hornet, until you are satisfied that the progress of the case is such that it can be left safely to the charge of the district attorney. I wish you to impress upon him, when he comes to Wilmington, the importance that the Government attaches to the case and the necessity for active and faithful attention to it on his part.
His omission to give Such attention thus far has been a source of some anxiety and regret. Whether there has been sufficient reason for it I do not now attempt to decide.
I also wish the marshal to understand, and I wish you would impress upon him, that we expect him, either personally or by a competent deputy, to have whatever is necessary done in regard to the custody of the prisoners and the holding of the vessel; that no such nonsense as the newspapers state was suffered by his deputy to take place in regard to the surrender of Captain Higgins is to be repeated, and that representations have been made to me in regard to the relations of his deputy to the crew of the Hornet, which I was very sorry to receive.
[184] *I trust that your necessary detention at Wilmington will not be a source of personal inconvenience.
Very respectfully, yours,
Attorney-General.
Benj. K. Phelps, Esq.,
Assistant United States Attorney, Wilmington,
North Carolina.