Ebenezer Rockwood Hoar to George M. Robeson, 10 November 1869

November 10, 1869. Hon. Geo. M. Robeson, Secretary of the Navy. Sir: I have the honor to acknowledge the receipt of your communication of the 9th inst. enclosing a letter to you from the commandant of the Navy yard at Boston, in relation to the claim of certain persons in New Bedford, Mass., to retain possession of the cargo belonging to the U. S., of the brig "Cyclose," until freight thereon is paid, and security given for the payment of general average. I think the owners of the brig are entitled to the payment of the freight, and to have some security for the payment of general average, if any is found to be due from the United States. I presume the payment of the freight, and a letter from you expressing a willingness to pay the general average contribution, if any is due from the United States, when it is determined or adjusted, will insure the delivery of the cargo.—If you do not think best to do this, the U. S. Attorney at Boston can be directed to bring a suit, which, if instituted, for the purpose of obtaining possession of the property, must be replevin—and, for that purpose, some person must be authorized to give a bond in the penal sum of double the value of the property, conditioned to restore the same or to pay damages in the event the United States do not prevail in the suit. I do not think such a suit can be successfully maintained except on tendering the freight due, and giving security for the payment of the general average contribution, if any, that may be found due from the United States. If you desire that such a suit be brought, you will please inform me. Very respectfully, E. R. Hoar, Attorney General.