Mr. Phelps, assistant district attorney, to Mr. Hoar, Attorney-General.
Sir: I have the honor to report that, upon the return of the process this day in the United States district court in the case of the United States vs. the steamship Hornet, &c., Messrs. Davis and Mears appeared and filed a claim, alleging ownership of the vessel in the republic of Cuba, the claim being made and verified by J. Morales Lemus, as agent for said republic. I moved, on behalf of the United States, to strike out this claim upon the ground that the republic of Cuba, not having been recognized by the political departments of the Government or either of them, had no standing in any of the courts of the United States, citing in support of that position the following authorities: [Page 854] (8th Danas) Ed. Wheaton, Internat. Law, pp. 33, 36, 41, and others; United States vs. Palmer, 3 Wh., 610; the *Divina Pastora, 4 Wh., 52; United States vs. Hutchings, 2 Wheeler’s Grim. Gases, 543; United States vs. Baker, 5 Blatchf. Cir. Ct. R. The argument was concluded by George Davis, esq., for the claimants, and by myself for the United States. 189
The former cited Stoughton vs. Taylor, 2 Paine C. C. R., 652; Srisun vs. Clement, 2 Carr and Payne, 223; also, Gelston vs. Hoyt.
The argument continued the whole day, and the judge announced that he would render his decision as soon as he could complete his examination of the case.
I am, sir, very respectfully, yours, &c.,
Hon. E. R. Hoar, Attorney-General.