A paper, purporting to be a letter of marque, signed by Jefferson Davis, was found on the Savannah. Such a commission is of no effect, in our courts of law, unless emanating from some government recognized by the Government of the United States. The political authority of the nation, at Washington, has never recognized the so-called Confederate States as one of the family of nations. On the contrary, it resists their pretensions, and proclaims them in rebellion. In this position of affairs, a court of justice will not, nor can you as its officers, regard the letter as any answer to the case which the prosecution will establish. Such is the law. It is so determined in decisions of the Supreme Court of the United States, which I have just cited.
I will now proceed with the examination of the witnesses.
Albert G. Ferris called and sworn. Examined by District Attorney Smith:
Q. Where were you born?
A. In Barnstable, Massachusetts.
Q. How old are you?
A. Fifty on the 10th of September last.
Q. Have you a family?
A. Yes, sir.
Q. Does your family reside at Charleston?