Mr. Hoar, Attorney-General, to Mr. Starbuck, district attorney.
Washington, June 11, 1870.
[193] *Darius H.
Starbuck, Esq.,
United States
Attorney, Raleigh, North Carolina:
Sir: Mr. Fernando Macias has applied for the release of the Hornet, otherwise called the Cuba, now in the possession of the United States marshal, and has given bond, with sufficient sureties, in the sum of $50,000, that such steamer shall not be used in any manner in violation of the neutrality laws of the United States. It has thereupon been agreed that the pending proceeding shall be disposed of in the following manner: The appeal taken from the district to the circuit court by counsel representing what they call the “republic of Cuba,” or Mr. Lemus shall waive and withdraw that appeal and consent to an [Page 856] order in the circuit court dismissing the same, and shall withdraw their claim and appearance in the district court; and the said Macias may appear as claimant in his own right of the vessel, tackle, apparel, and cargo; that he shall thereupon file a certificate of probable cause of seizure, and thereupon you are to discontinue all further proceedings against the said vessel under the libel in the district court, and consent to an order delivering the same to the said Macias, the claimant, and for payment to him of all moneys received by the marshal for sales of any part of the property *heretofore made by order or license of court. The marshal is to pay over the whole proceeds of sales, and will settle his account for fees and disbursements in the ordinary manner, where the libel is dismissed and the property discharged. [194]
You are instructed to carry this arrangement into immediate effect without delay, if possible, on the day on which you receive this letter, and papers suitable for execution to carry into effect these instructions are inclosed herewith.
Very respectfully,
Attorney-General.