War of the Rebellion: Serial 116 Page 0012 PRISONERS OF WAR AND STATE, ETC.

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As the Confederate States of America is a Government not yet acknowledged, we must by parole evidence authenticate the letter of marque and the Government seal, and also by parol prove the acts of secession, the formation of the Confederate Government, the adherence of South Carolina to the Confederate States of America and the enactment of the law for the recognition of war and authorizing letters of marque, &c. I will have to obtain this evidence through the aid of yourself, or of some one connected with the departments at Richmond. * I think it will be desirable also in order to prove compliance with the laws of war and privateering by the defendants to show that after capture the Joseph was sent in the port as a prize and regularly libeled and condemned by the admirably court. It will be well to exclude any idea that the acts of the privateers were characterized animo furandi. We will try to case before Judge Nelson who has intimated to us that he will hodl the next circuit in person. This is favorable to us.

At the moment of writing we are in painful suspense as to the situation of affairs at Manassas Gap or Junction. We have only heard that McDowell's advance was checked at Bull Run. Before the receipt of this the battle will have been fought. I tremble with a mixture of hope and anxiety. How nobly does Mr. Toombs' circular in reference to the treatment of prisoners of war contrast with that which is extended to the privateers!

Captain Baker forwarded to the Seretary of State his report of his cruise and capture. I assured him he need have no fear. His Government would take care of his interests because her own honor would prompt her to protect her subjects and sailors. I do not think they have any personal fear as to the final result.

The Brick Presbyterian Church here was virtually driven Reverend Mr. Hoge away from the charge because he would not preach and pary Republican politics. Mr. Hoge has behaved nobly as a Christian independent, high-minded gentlemen. A large body in his church will ever regret his departure, and they approve his course throughout.

Yours, most truly,

ALGERNON S. SULLIVAN.

[Inclosure.]

Copy of the indictment of the Confederate privateersmen.

CIRCUIT COURT OF THE UNITED STATES OF AMERICA FOR THE SOUTHERN DISTRICT OF NEW YORK, IN THE SECOND CIRCUIT.

At a stated term of the circuit court of the United States of America for the southern district of New York, in the second circuit, begun and held at the city of New York, within for the district and circuit aforesaid, on the first Monday of April, A. C. 1861, and continued by adjourments to the 26th day of June in the year last aforesaid.

SOUTHERN DISTRICT OF NEW YORK, ss.:

The jurors of the United States of America, within and for the district and circuit aforesaid, on their oath present:

That Thomas Harrison Baker, late of the city and county of New York, in the district and circuit, mariner, and John Harleston, late of the same place, mariner, Charles Sidney Passailague, late of the same

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* See Benjamin to Browne, August 3, 1861, p. 699.

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