War of the Rebellion: Serial 116 Page 0030 PRISONERS OF WAR AND STATE, ETC.

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cognate questions. You will perceive therefore that we need the papers duly certified which we specify in the inclosed memorandum. The prisoners have been made happy by the interposition already made by the Government of the Confederate States on their behalf and they trust that you will at once cause the documents to be obtained and forwarded to me at New York so that their defense may be fully made.

There are defenses upon which we have some reliance which are other than on the legal merits above indicated, but I desire and so do my client not to evade the high ground that the Confederate States are sovereign and that her citizens are not citizens of the United States. There are captured privateers from other vessels than the Savannah in the Tombs but the grand jury adjourned without findin an indictment against them, as I have previously informed you, I know not for what reason unless that the Government is seriously entertaining the purpose to exchange prisoners. The great injury done to the U. S. commerce by the privateers has deeply exasperated those interested in the shipping and the Government is influenced thereby.




The United States vs. Baker, Harleston, et al.

Documents wanted:

1. Certified copy of the secession ordinance of South Carolina and if possible of the other Confederate States.

2. Certified copy of the Provisional Constitution of the Confederate States of America.

3. The ratifying act of South Carolina and of the other States.

4. The permanent Constitution and ratifications.

5. The act recognizing the existence of war and authorizing letters of marque.

6. The President's proclamation in reference thereto.

7. Evidence in your office that Baker complied with the terms and took out a letter of marque, and a copy of the same.

8. A copy of the act fixing upon the sead of Confederate States of America, and I wish some citizen of Virginia who has seen the seal used and impressed could be present at the trial to verify it.

9. The act creating the prize court which condemned the Joseph in Charleston.

10. Exemplied copy of the record of the prize court in the case of the Joseph.

[Inclosure Numbers 2.]

NEW YORK, August 23, 1861.

Honorable J. P. BENJAMIN.

MY DEAR SIR: In conjunction with my friend Algernon S. Sullivan, esq., I have addressed a few lines to your colleague, Mr. Hunter, urging the supply us with documents necessary to the defense of the officers and crew of the Savannah whose trial is fixed for October next. Will you please look at Mr. Sullivan's and my own letter to Mr. Hunter which go by the same conveyance with this and co-operate with him in taking the necessary measures to supply what we need?

Respectfully and truly, yours,