Mr. Phelps, assistant district attorney, to Mr. Hoar. Attorney-General.
New York, November 22, 1869.
Sir: I have received to-day from the counsel of the collector in Wilmington the letter and notice, of which copies are inclosed.
It seems to me that the motion to bond should be opposed. But I deem it still more important that, if the claim shall be filed in the name of the “republic of Cuba,” a motion should be made at once to strike it out.
I am engaged in the preparation of some amendments to the libel [Page 853] against the Hornet, which will include counts under the piracy act of August 5, 1861.
[187] If the district attorney of North Carolina is intrusted with the charge of this matter, *permit me to suggest that his an familiarity with the proceedings of this nature will render it necessary to send him very explicit instructions as to the law and the practice. The court should not be permitted, I think, to entertain a plea filed by the “republic of Cuba,” which can have no standing in our courts until recognized by the Government. Certainly the Government should oppose vigorously the assertion of any such claim.
If the Government desire any further information or service from me in regard to this motion to bond or the riling of the claim, both of which, as you will perceive, will come up on Monday, the 29th instant, may I ask to be advised as early as practicable.
If there is a trial it will be, I am informed, on the 20th of December at Raleigh.
If a claim is made in the name of the “republic of Cuba,” and is properly opposed, it seems quite possible that the expenses of a trial may be avoided.
With great respect, yours, &c.,
Hon. E. R. Hoar, Attorney-General.