War of the Rebellion: Serial 116 Page 0108 PRISONERS OF WAR AND STATE, ETC.

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Mr. HARRISON. It may be important as showing that he had reasons for not desiring to submit to the confiscation or sequentration of his property. (To the witness.) Did you see Smith on board the Jeff. Davis?

The WITNESS. Yes, sir.

Question. Who was the captain of the Jeff. Davis?

Answer. Coxetter.

Question. State if you ever saw of heard the lette of marque and reprisal or what purporte to be letters of marque and reprisal read to the crew of the Jeff Davis.

Answer. Yes, sir; I saw them and heard them read by the pursed, Mr. Babcock.

Question. State when that occurred and in what way it was done.

Answer. On the 12th of June Captain coxetter called all hands aft. We were lying in the harbor of Charleston. The purser and the captain stood together and said they were letters of marque issued by President Davis, of the Southern Confederacy. He read them.

Question. Did this letter purport to give an authority to the Jeff. Davis to make war upon the Government of the United States?

Mr. ASHTON. I object.

Mr. WHARTON. Suppose he stated what he heard read.

Judge CADWALADER. That would be better.

Mr. WHARTON (to be witness). Just state what you heard read.

Answer. They gave authority to the brig Jeff. Davis to wage was against the United State as near as I can explain it.

Mr. HARRISON. Was there any portion of the brig Jeff. Davis where the letters of marque or a copy thereof or a reference thereto was stuck up in a public place?

Answer. No, sir.

Question. Was it under that letter that Mr. Smith and the rest of the crew enlisted and served?

Answer. When the full number were on board that were going in the brig it was read to us.

Mr. KELLEY. State only what you know.

Mr. WHARTON. Was Smith there?

The WITNESS. Yes; Captain Smith was one of the men.

Mr. HARRISON. Now tell us if you know anything about the operation of the sequestration, confiscation and militia laws of the Southern Confederacy?

Mr. ASHTON. That I object to.

Mr. HARRISON. Let me put the question in a specific form and you can a make a specific objection. (To the witness.) Can you state how far the militia laws of Georgia at the time of which we are speaking cmpelled persons to render either military or naval duty to the State of Georgia and to the Southern Confederacy?

Mr. ASHTON. We object to that.

Judge GRIEG. I do not think a person unlearned in the law can be brought here to testify to the statutes of another country.

Mr. HARRISON. Your honors will see the point the which the question is put. I am not able to offer those laws because I have been cut off from alll possibility of communicating with the only source from which they could be obtained.

Judge GRIEG. You may speak historically of what every knows. Every one knows there has been great violance used down there, men compelled to enlist, &c.