The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-07-04
BRAISE, THE ALLEGED CONFEDERATE
PIRATE. ..

Appeal In His Behalf to the Attorney General
Of the United states by General Nsagruder-
Full Statement Of the Case-lIis Arrest, I'm.
pYSeoumeut and Futile Efforts 70 Procure q
Trial.
We publish below letter from General Allan b.
Magruder, late of The Confederate army TO the At
torney General OF the United States on behalf OF
Lieutenant Braine, claiming during the late war to
have held a commission In the Confederate navy
and who, as Is well known, IL now confined In the
Kings County Peniten,iary, where ne has been kept
in close custody during the past twentyone months
On charge Of piracy and murder in connection with
the capture OF the steamer Chesapeake, plying
between this city and Providence r. ]. The letter
No. go ST. PAUL STREET
BALTIMORE, Nd, June ~, 1863.
Honorable the ATTORNEY GENERAL OF THE UNITED
STATES
SIR-As one OF the counsel for John c. Braine Of
Tennessee, lieutenant IN the late Confederate navy,
and now prisoner under the charge Of piracy and
murder, preferred al the instance OF the United
States government, and confined, 10 await trial. IN
the Kings County Penitenuary, Brooklyn, n. T.,
beg leave most respectfully 10 ask your patient
attention as the head Of the department TO which
his case appertans TO the following statement OF
facts, forming the ground upon which that unhappy
man and his destitute and afflicted family base their
appeal not alone 10 the cIemency, but also to the
Justice Of those who are directing this prosecution
against him.
john C. Braine was arrested and imprisoned under
now more than twenty-one months past With the
exception Of short interval when hs wretched
health absolutely required some change Of air 70
save his fe he has been and liz yet confined for this
long period 10 solitary "cell No. "A Kings County
Penlteniiary," subject TO the rules OF convict
prison, i apartment eight feet long by five feet
wide BY the stern rules OF the prison-a State In
stituton, over which the general government can
exercise no contro-he s dem ed all occupation or
employment; not permitted 10 have pen or pen
al, except 10 write letter at long inter
vals which is inspected by another party;
al nj nf w md
OF from all converse even with his fellow pris-
| oners During much Of this time he has been SUI
fering great pain prostraton and debility the result
in part OF chronic disease which has been greatly
aggravated by his rigorous confinement want
OF exercise and suitable diet. This appears
report as 10 his health, made some months ago by
the prison physician and.on file in your once. lie
has been, often and for long time, as appears from
his statement, forwarded herewith destitute OF
proper clothing and even in rags and wholly with
out means of procuring such diet az the state of his
health demanded In these respects last mentioned
he has been recently relieved by supplies OF cloth ng
and suitable food and some money, contributed
chiefly through the humane and generous assistance
OF the kind and benevolent ladies' Of Baltimore,
a noble beneaction which has greatly relieved and
iIy living in Georgia who were in great distress and
restitution aiso without the barest necessares OF
| liie whose present wants have been relieved In a
great degree by the timely benevoencc Of these
| same untiring noble hearted women Of Baltimore.
Braine stands indicted for piracy and murder in
the seizure Of the steamer Chesapeake plying from
| New York to Providence, during which unhappy,
one man the vessel was killed The act was com.
mittei during the war and In the name or the Con
| federate government, from which Braine, II ID
alleged, held q commission naval offlcer. Three
years after the act was committed, and nearly two
years after the had ceased, Braine arrested
on the charge for which he liz now held. thrown into
prison denied bail cut OF from all means OF prepar-
charged. and still untrled s held iD this convict
| prison poor, friendless, helpless and now almost
hopeless
The District Attorney, told, is ready 70 pro
coed 10 trial and prepared to prove Braines capture
Of the vessel and the killing u one OF her officers
To meet this proof Braine must show his justification
or excuse by proving, by the rigid rules OF criminal
justice. that he acted as belgerent In the exercise
OF begerentmights and In pursuance Of a9thority
| IN his character as q commissioned offlcer Of that
government such defence would be recognized
10y the United States courts an excuse under the
law OF nations for the acte complained Of. But how
shall he prove that he was q commissioned officer
duly authorized TO act as he did, lie must produce
his commission and show that II was duly made out
issued and delivered by the officials ha wing authority
70 90 SO Here are some only OF the difficulties which
stand In The way OF his doing this The ofncial docu
ments and archives Of the Confederate Navy De
partment which were not lost In the wreck Of the
rebellion are In the possession Of the United States
government, which Is the prosecutor, and be
yond the reach OF poor Braine. Shut NJ
IN the Businesses OF his convict prison, OF
Long Island, what chance has he or his friends
TO tdlve INTO this chaotic mass and drag forth tn,
needed documents 70 prove and authenticate hi
commission If 10 be eaid that Mr.. Mallory, tn,
Confederate Secretary Of the Navy, can prove tina
cannot be presumed 10 carly in be head The pAnses