Major-General BANKS, U. S. Army, HEADQUARTERS, July 17, 1861. 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. * * * 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, Assistant Adjutant General. OFFICE OF ALGERNON S. SULLIVAN, ATTORNEY AT LAW, J. R. 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 for the defendants. This was on application of some Southerners who reside here. It was communicated to me and under the larger discretion given by your letter I retained Mr. Brady. He enters upon the case readily and zealously and I have no doubt his argument 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 3d of June, 1861 (the date of their alleged offense and capture), and consequently are not amenable to the Statute 1790, Chapter 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. As the Confederate States of America is a Government not yet acknowledged, we must by parol 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 into port as a prize and regularly libeled and condemned by the admiralty court. It will be well to exclude any idea that the acts of the privateers were characterized animo furandi. We will try the case before Judge Nelson who has intimated to us that he will hold 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 Secretary 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 has virtually driven Reverend Mr. Hoge away from the charge because he would not preach and pray Republican politics. Mr. Hoge has behaved nobly as a Christian minister and an independent, high-minded gentleman. 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 and for the district and circuit aforesaid, on the first Monday of April, A. D. 1861, and continued by adjournments 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 aforesaid, mariner, and John Harleston, late of the same place, mariner, Charles Sidney Passailaigue, late of the same * See Benjamin to Browne, August 3, 1861, p. 699. place, mariner, Henry Cashman Howard, late of the same place, mariner, Joseph Cruz del Cano, late of the same place, mariner, Henry Oman, late of the same placé, mariner, Patrick Daly, late of the same place, mariner, William Charles Clark, late of the same place, mariner, Albert Gallatin Ferris, late of the same place, mariner, Richard Palmer, late of the same place, mariner, John Murphy, late of the same. place, mariner, Alexander Carter Coid, late of the same place, mariner, and Martin Galvin, late of the same place, mariner, on the 3d day of June, A. D. 1861, upon the high seas out of the jurisdiction of any particular State and within the admiralty and maritime jurisdiction of the said United States of America and within the jurisdiction of this court, did with force and arms piratically, feloniously and violently set upon, board, break and enter a certain vessel, to wit, a brig called the Joseph, the same being then and there owned in whole or in part by a citizen or citizens of the United States of America whose name or names are to the jurors aforesaid unknown, and did then and there in and on board of the said brig, the Joseph, in and upon one Thies N. Meyer, then and there being a mariner, and then and there one of the ship's company of the said brig, the Joseph, and then and there master and commander thereof, and in and upon Horace W. Bridges, Albert Nash, William H. Clauning, John J. Merritt, John Quin and Joseph H. Golden, each then and there being a mariner and one of the ship's company of the said brig, the Joseph, piratically, feloniously and violently make an assault, and them did then and there piratically, feloniously and violently put in personal fear and danger of their lives, and did then and there the brig, the said Joseph, of the value of $3,000, and the tackle, apparel and furniture thereof of the value of $500, and 250 hogsheads of sugar of the value of $100 each hogshead of the goods, chattels and personal property of certain persons whose names are to the jurors aforesaid unknown, the said 250 hogsheads of sugar being then and there in and on board of the said brig and being then and there the lading thereof, and the said brig, the tackle, apparel and furniture thereof and the said 250 hogsheads of sugar being then and there in the care, custody and possession of the said Thies N. Meyer, Horace W. Bridges, Albert Nash, William H. Clanning, John J. Merritt, John Quin and Joseph H. Golden, from the said Thies N. Meyer, Horace W. Bridges, Albert Nash, William H. Clanning, John J. Merritt, John Quin and Joseph H. Golden, and from their said possession, care and custody, and in their presence and against their will, violently, piratically and feloniously seize, rob, steal, take and carry away against the form of the statute of the said United States of America in such case made and provided, and against the peace of the said United States and their dignity. Second count.-And the jurors aforesaid upon their oath aforesaid do further present: That Thomas Harrison Baker, late of the city and county of New York, in the district and circuit aforesaid, mariner, and John Harleston, late of the same place, mariner, Charles Sidney Passailaigue, late of the same place, mariner, Henry Cashman Howard, late of the same place, mariner, Joseph Cruz del Cano, late of the same place, mariner, Henry Oman, late of the same place, mariner, Patrick Daly, late of the same place, mariner, William Charles Clark, late of the same place, mariner, Albert Gallatin Ferris, late of the same place, mariner, Richard Palmer, late of the same place, mariner, John Murphy, late of the same placé, mariner, Alexander Carter Coid, late of the same place, mariner, and Martin Galvin, late of the same place, mariner, on the 3d day of June, A. D. 1861, upon the high seas out of the jurisdiction of any particular State and within the admiralty and maritime jurisdiction of the said United States of America and within the jurisdiction of this court, did with force and arms piratically, feloniously and violently set upon, board, break and enter a certain. American vessel, to wit, a brig called the Joseph, the same then and there being owned in part by George H. Cables, John Cables and Stephen Hatch, then citizens of the United States of America, and did then and there in and on board of the said brig, the Joseph, in and upon one Thies N. Meyer, then and there being a mariner and one of the ship's company of the said brig, the Joseph, and master and commander thereof, and in and upon divers other persons, each then and there being a mariner and one of the ship's company of the said brig, the Joseph, whose names are to the jurors aforesaid unknown, piratically, feloniously and violently make an assault, and them did then and there piratically, feloniously and violently put in bodily fear and danger of their lives, and did then and there the said brig, the said Joseph, of the value of $3,000 and the tackle, apparel and furniture of the same of the value of $500 of the goods, chattels and personal property of George H. Cables, John Cables and Stephen Hatch, citizens of the United States of America, and 250 hogsheads of sugar of the value of $100 each hogshead, of the goods, chattels and personal property of one Morales, whose Christian name is to the jurors aforesaid unknown, the said sugar being then and there in and on board of the said brig, the Joseph, and being then and there the lading thereof, and the said brig and the tackle, apparel and furniture thereof and the said 250 hogsheads of sugar then and there being in the care, custody and possession of the said Thies N. Meyer and the said divers other persons, mariners as aforesaid and of the ship's company of the said brig, the said Joseph, and whose names are to the jurors aforesaid unknown, from the said Thies N. Meyer and the said divers other persons, mariners aforesaid and of the ship's company of the said brig, the Joseph, whose names are as aforesaid to the jurors aforesaid unknown, and from their care, custody and possession and in their presence and against their will piratically, feloniously and violently rob, seize, steal, take and carry away, against the form of the statute of the said United States of America in such case made and provided and against the peace of the said United States and their dignity. Third count.-And the jurors aforesaid upon their oath aforesaid do further present: That Thomas Harrison Baker, late of the city and county of New York, in the district and circuit aforesaid, mariner, and John Harleston, late of the same place, mariner, Charles Sidney Passailaigue, late of the same place, mariner, Henry Cashman Howard, late of the same place, mariner, Joseph Cruz del Cano, late of the same place, mariner, Henry Oman, late of the same place, mariner, Patrick Daly, late of the same place, mariner, William Charles Clark, late of the same place, mariner, Albert Gallatin Ferris, late of the same place, mariner, Richard Palmer, late of the same place, mariner, John Murphy, late of the same place, mariner, Alexander Carter Coid, late of the same place, mariner, and Martin Galvin, late of the same place, mariner, on the 3d day of June, A. D. 1861, upon the high seas out of the jurisdiction of any particular State and within the admiralty and maritime jurisdiction of the said United States of America and within the jurisdiction of this court, did with force and arms piratically, feloniously and violently set upon, board, break and enter a certain vessel, to wit, a brig called the Joseph, then and there being owned by certain persons, citizens of the United States of America, to wit: George H. Cables, John Cables and Stephen Hatch, of Rockland, in the State of Maine, and in and upon certain divers persons whose names are to the jurors aforesaid unknown, the said last-mentioned persons each being then and there a mariner and of the ship's company of the said brig called the Joseph, and then and there being in and on board of the said brig, the Joseph, did then and there piratically, feloniously and violently make an assault, and them did then and there piratically, feloniously and violently put in bodily fear and the said brig, the Joseph, of the value of $3,000, the apparel, tackle and furniture thereof of the value of $500 of the goods and chattels and personal property of the said George H. Cables, John Cables and Stephen Hatch, and 250 hogsheads of sugar of the value of $100 each hogshead of the goods, chattels and personal property of one Thies N. Meyer, from the said divers persons, mariners as aforesaid, whose names are to the jurors aforesaid unknown, in their presence then and there and against their will did then and there piratically, feloniously and violently seize, rob, steal, take and carry away against the form of the statute of the said United States of America in such case made and provided and against the peace of the said United States and their dignity. Fourth count.-—And the jurors aforesaid upon their oath aforesaid do further present: That Thomas Harrison Baker, late of the city and county of New York, in the district and circuit aforesaid, mariner, and John Harleston, late of the same place, mariner, Charles Sidney Passailaigue, late of the same place, mariner, Henry Cashman Howard, late of the same place, mariner, Joseph Cruz del Cano, late of the same place, mariner, Henry Oman, late of the same place, mariner, Patrick Daly, late of the same place, mariner, William Charles Clark, late of the same place, mariner, Albert Gallatin Ferris, late of the same place, mariner, Richard Palmer, late of the same place, mariner, John Murphy, late of the same place, mariner, Alexander Carter Coid, late of the same place, mariner, and Martin Galvin, late of the same place, mariner, on the 3d day of June, A. D. 1861, upon the high seas out of the jurisdiction of any particular State and within the admiralty and maritime jurisdiction of the said United States of America and within the jurisdiction of this court, did with force and arms piratically, feloniously and violently set upon, board, break and enter a certain vessel then and there being, to wit, a brig called the Joseph, and in and upon one Thies N. Meyer, then and there being in and on board of the said brig and being a mariner and master and commander of the said brig, and the said Thies N. Meyer then and there being a citizen of the United States of America, did then and there piratically, feloniously and violently make an assault, and him, the said Thies N. Meyer, did then and there piratically, feloniously and violently put in great bodily fear, and the said brig, the Joseph, of the value of $3,000, and the tackle, apparel and furniture thereof of the value of $500, and 250 hogsheads of sugar of the value of $100 each hogshead, the same then and there being of the lading of the said brig, of the goods, chattels and personal property of the said Thies N. Meyer, in his presence and against his will did violently, feloniously and piratically rob, steal, seize, take and carry away against the form of the statute of the said United States of America in such case made and provided and against the peace of the said United States and their dignity. Fifth count.-And the jurors aforesaid upon their oath aforesaid do further present: That Thomas Harrison Baker, late of the city and county of New York, in the district and circuit aforesaid, mariner, and John Harleston, late of the same place, mariner, Charles Sidney Passailaigue, late of the same place, mariner, Henry Cashman Howard, late of the same place, mariner, Joseph Cruz del Cano, late of the |