Trial of the Officers and Crew of the Privateer Savannah on the Charge of Piracy Part 35

Also, page 195 of _Rebellion Record_: An Act recognizing a state of war, by the Confederate Congress,--published May 6, 1861.

[Read Section 5.]

_Mr. Lord_ read from pages 17, 19, and 20, of _Diary of Rebellion Record_, to give the date of certain events:

1861, February 8. The Const.i.tution of the Confederate States adopted.

February 18. Jefferson Davis inaugurated President.

February 21. The President of the Southern Confederacy nominates members of his Cabinet.

February 21. Congress at Montgomery pa.s.sed an Act declaring the establishment of free navigation of the Mississippi.

March 19. Confederates pa.s.sed an Act for organizing the Confederate States.

April 8. South Carolina Convention ratified the Const.i.tution of the Confederate States by a vote of 119 to 16.

_Mr. Sullivan_: We propose now to introduce the papers found on board the Savannah when she was captured. The history of these papers is, that they were captured by the United States officers, taken from the Savannah, and come into our hands now, in Court, through the hands of the United States District Attorney, in whose possession they have been;--and they have been proceeded upon in the prize-court, for the condemnation of the Savannah. The first I read, is--

The Commission to the Savannah, dated 18th May, 1861.

Also, put in evidence, copy of Act recognizing the existence of war between the United States and the Confederate States, and concerning letters of marque,--approved May 6, 1861.

Also, read _President Davis' Instructions to Private Armed Vessels_,--appended to the Act.

Also, an Act regulating the sale of prizes, dated May 6, 1861,--approved May 14, 1861.

Also, an Act relative to prisoners of war, dated May 21, 1861.

_Mr. Sullivan_ also read in evidence three extracts from the Message of President Lincoln to Congress, at Special Session of July 4, 1861.

(_See Appendix._)

Also, extracts from the Message of President Buchanan, at the opening of regular Session of Congress, December 3d, 1860. (_See Appendix._)

Also, from page 245 of _Rebellion Record_: Proclamation of the Queen of Great Britain, dated May 13, 1861.

_Mr. Evarts_ objected to this, on the ground that it could not have been received here prior to the date of the commission.

Objection overruled.

Also, from page 170 of _Rebellion Record_: Proclamation of the Emperor of France,--published June 11, 1861.

Also, the Articles of Capitulation of the Forts at the Hatteras Inlet, dated August 29th, on board the United States flagship Minnesota, off Hatteras Inlet.

_Mr. Evarts_ remarked that this latter doc.u.ment was not within any propositions. .h.i.therto pa.s.sed upon; but he did not desire to arrest the matter by any discussion, if their honors thought it should be received.

_Judge Nelson_: It may be received provisionally.

_Mr. Brady_ also put in evidence the _Charleston Daily Courier_, of 11th June, 1861, containing a Judicial Advertis.e.m.e.nt,--a monition on the filing of a libel in the Admiralty Court of the Confederate States of America, for the South Carolina District, and an advertis.e.m.e.nt of the sale of the Joseph, she having been captured on the high seas by the armed schooner Savannah, under the command of T. Harrison Baker,--attested in the name of Judge Magrath, 6th June, 1861.

And containing, also, a judicial Act, relating to the administration of an estate in due course of law.

_Mr. Brady_ stated that the reference was to show that they had a judicial system established under their own Government.

_Lieutenant D. D. Tompkins_ recalled for the defence, and examined by _Mr. Sullivan_.

_Q._ State your knowledge as to the sending of any flags of truce while your vessel, the Harriet Lane, was lying at Fortress Monroe?

(Same objection; received provisionally.)

_A._ I have seen flags of truce come down from the direction of Norfolk.

_Q._ Did your vessel have any communication with the officer bearing the flag of truce?

_A._ No, sir.

_Q._ Did they come with the Confederate flag flying on the same vessel with the flag of truce?

_A._ Yes. One vessel came down with the Confederate flag flying, and a flag of truce, also.

_Q._ Where was it received, and by what officer?

_A._ I am not positive whether it was received by the c.u.mberland or the Minnesota. They communicated with either of those vessels.

_Q._ Were any vessels or boats, with flags of truce, ever sent from Fort Monroe toward the Confederate forces?

_A._ I have seen vessels go up the Roads with a flag of truce.

_Q._ And the United States flag on the same vessels?

_A._ Yes.

_Q._ You saw Captain Baker and the other prisoners--were they uniformed?

_A._ No, sir; I do not think they had any regular uniform. Captain Baker had a uniform, with metal b.u.t.tons on his coat. I did not notice what was on the b.u.t.tons.

_Q._ He had on such a dress as he wears to-day?

_A._ Something similar to that. He was the only one who had a uniform.

_Q._ Do you know anything as to the exchange of prisoners between the forces of the United States and of the Confederate States on any station where you have been?

_A._ No, sir.

The defence here closed.

The District Attorney stated that the prosecution had no reb.u.t.ting evidence to offer.

_Judge Nelson_: Before counsel commence summing up the case to the Jury, they will please present the propositions of law on both sides.