_Mr. Smith_: It would be proper that the prisoners make the application. _Mr. Brady_: They will remain in Court as long as they can; and will, of course, be present when the Court charges the Jury. _The Court_ directed the Marshal to provide a room for the prisoners to retire to, when they desired. _Mr. Sullivan_: Before adjourning yesterday it was stated that the different ordinances of the seceded States were all considered in evidence without being read. _Mr. Smith_: Are any of them later in date than the commission to the Savannah? _Mr. Sullivan_: No, sir. Some States have seceded since the date of the commission, and have been received into the Confederacy. _Mr. Evarts_: We will assume, until the contrary appears, that there are no documents of date later than the supposed authorization of the privateer. _Mr. Larocque_: With this qualification,--that there are a great many documents from our own Government which recognize a state of facts existing anterior to those documents. _Mr. Sullivan_ read in evidence from page 10 of _Putnam's Rebellion Record_: Letter from Secretary of War, John B. Floyd, to President James Buchanan, dated December 29, 1860. President Buchanan's reply, dated December 31, 1860. Also, from page 11 of _Rebellion Record_: The Correspondence between the South Carolina Commissioners and the President of the United States. [Considered as read.] Also, referred to page 19 of _Rebellion Record_, for the Correspondence between Major Anderson and Governor Pickens, with reference to firing on the _Star of the West_. Read Major Anderson's first letter (without date), copied from _Charleston Courier_, of Jan. 10, 1861. (_See Appendix._) Governor Pickens' reply, and second communication from Major Anderson. (_See Appendix._) Also, from page 29 of _Rebellion Record_, containing the sections of the Constitution of the Confederate States which differ from the Constitution of the United States. Also, from page 31 of _Rebellion Record_: Inaugural of Jefferson Davis, as President of the Confederate States. Also, page 36 of _Rebellion Record_: Inaugural of Abraham Lincoln, President of the United States, (for the passages, _see Appendix_.) Also, page 61 of _Rebellion Record_: The President's Speech to the Virginia Commissioners. (_See Appendix._) Also, page 71 of _Rebellion Record_: Proclamation of Jefferson Davis, with reference to the letters of marque, dated 17th April, 1861. 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: