HEADQUARTERS, July 17, 1861.
Major-General BANKS, U. S. Army,
Commanding Department of Annapolis, Baltimore, Md.
SIR: Your letter of the 13th instant* has been submitted to the General-in-Chief, who directs me to say he is of opinion that the prisoners for piracy must be tried in the district where they were first placed in confinement, and that if indicted they cannot be removed beyond Baltimore. Only those not already indicted can be sent to New York Harbor, and if any of those should be hereafter indicted they will have to be returned.
I have the honor to be, sir, &c.,
E. D. TOWNSEND,
HDQRS. DEPT. OF PENNSYLVANIA, Numbers 107.
Charleston, Va., July 19, 1861.
III. The prisoners taken in arms against the United States and all others in charge of the provost-guard in Charlestown will be delivered to the commander of the Second Regiment Pennsylvania Volunteers, who will then turn them over to the commanding officer at Harper's Ferry. The names and offenses of the prisoners will be sent with them.
By order of Major-General Patterson:
F. J. PORTER,
OFFICE OF ALGERNON S. SULIVAN, ATTORNEY AT LAW,
Numbers 59 William Street, New York, July 19, 1861.
J. D. TUCKER, Esq., [Richmond, Va.]
DEAR SIR: Your letter was duly delivered to me. In pursuance of it I appeared for Captain Baker and the other privateers, and also have associated James T. Brady with me. I must explain that this difference from my first suggestion and your suggestion also arose from the fact that Mr. O'Conor had, on account of his health and also because he felt that just now the views entertained by him might render the cause itself harm rather than benefit in court, declined to accept a retainer fot the defendants. This was on application of some Southerners who reside here. It was communicated to mme and under the large discretion given by your letter I retained Mr. Brady.
He enters upon the case readily and zealously and I have no doubt his arguments will prove satisfactory to us all, although none of the attorneys in the case will be prepared to take openly as I will the broad ground that Captain Baker and his crew were not citizens of the United States on the 3rd of June, 1861 (the date of their alleged offense and capture), anc consequently are not amenable to the Statute 1790, Chapeter XXXV, Paragraph 9.
I send you a copy of the indictment. You will observe that it is framed so as to include a charge of piracy in general and also specifically in the fifth and other counts, viz, under Paragraph 9, alleging citizenship in the defendants and also in the persons who were on the brig Joseph, the prize taken by privateer. Our only difficulty at present is a practical one; the case will not be tried until September.
* See Vol. I, this Series, p. 586.