Now, then, under the facts already stated, including now the commission and the action under it, the taking of the Joseph was not piratical, under the ninth section, because the commission was from the Confederate States, and not from "a person, to wit, one Jefferson Davis," as described in the indictment. Now that leads me to a consideration of this commission. We had something a little like it here yesterday, when the warrant issued by Mr. Buchanan Henry was given in evidence for the arrest of these men. I suppose I would be charged with ridicule in the last degree if I said they were arrested by the authority of Buchanan Henry, or under pretence of authority from Buchanan Henry; yet the warrant ran in the name of Buchanan Henry. Now let us see whether this commission supports the allegation of its being a commission from a private person. The allegation is, that the capture was made under pretence of authority from one Jefferson Davis. The commission runs just as the President's commission to your honors: "JEFFERSON DAVIS, "PRESIDENT OF THE CONFEDERATE STATES OF AMERICA. _"To all who shall see these presents, greeting:_--Know ye, that by virtue of the power vested in me by law, I have commissioned, and do hereby commission, have authorized, and do hereby authorize, the schooner or vessel called the Savannah (more particularly described in the schedule hereunto annexed), whereof T. Harrison Baker is commander, to act as a private armed vessel in the service of the Confederate States, on the high seas, against the United States of America, their ships, vessels, goods, and effects, and those of her citizens, during the pendency of the war now existing between the said Confederate States and the said United States. "This commission to continue in force until revoked by the President of the Confederate States for the time being. "Schedule of description of the vessel:--Name, Schooner Savannah; tonnage, 53-41/95 tons; armament, one large pivot gun and small arms; number of crew, thirty. "Given under my hand and the seal of the Confederate States, at Montgomery, this 18th day of May, A.D. 1861. "JEFFERSON DAVIS. "By the President--R. TOOMBS, Secretary of State." Now I submit that, if they had framed an indictment for taking a commission under the King of England, and it had been under the Government of England as a foreign State, without naming the individual, such a commission as this would sustain it. If they had indicted as taking a commission out under any foreign State or nation, a commission in this way would have sustained that indictment; because the officer is merely the authenticator of the instrument; the authority is not his,--it is not under his authority; he is the mere ministerial officer, in fact, of the Government.