o put the captain of the Joseph in fear, and in this case there was no violence or threats proved.
He then spoke of the question of variance as to the authority of Jefferson Davis to grant the commission to Captain Buker.
He referred to the United States against Harrman in 19th Peters, where the prisoners were indicted for stealing a Treasury note for bearing one percent, interest, but it was found that it was to bear one mill per cent., objection was taken and the Court held that the variance was fatal.
So is this case, he (Mr. Brady) contended that the indictment designating the commission as having been issued by one Jefferson Davis, without stating that he claimed to be President of the Confederate States, was a variance, and fatal.
If the Government made war on the South, as the defence commands it did, by the acts of Mr. Lincoln, the South had a right to herself — to arm vessels had grant letter, of marque, and to oppose force to force.
After some further argument Mr. Br