robbing the houses of divers peaceable citizens of their moneys, watches, jewelry and valuables, under pretense of searching for arms and articles of war, must suffer the proper penalty.

"At least eight houses, as appears by their confession, were plundered by three or more of the gang, while others were watching without, at various times, and a large amount of property carried off, a large portion of which has since been recovered.

"The heinousness of this offense, heightened by the contempt and disgrace brought upon the uniform, authority and flag of the United States by their fraudulent acts, in making it cover their nefarions practices, renders them peculiarly the subjects of prompt and condign punishment.

"It is therefore ordered that George William Crage and Frank Newton (for the offenses aforesaid) be hanged by the neck until they and each of them be dead, and that this sentence be executed upon them at or near the parish prison, in the city of New Orleans, on Monday, the 16th day of June instant, between the hours of six A. M. and twelve M., under the direction of the provost-marshal; and for so doing this shall be sufficient warrant.

"Theodore Lieb, being a youth of eighteen years only, in consideration of his tender years, has his punishment commuted to confinement at hard labor on the fortifications at Ship Island, or the nearest military post, during the pleasure of the president of the United States."

Thus, the crime was committed on the 11th, detected on the 12th, two of the criminals were tried on the 13th, two more on the 15th, and the whole ordered to be executed on the 16th. The man whose confession led to the conviction of the offenders was sentenced to five years' imprisonment at hard labor. Two or three other less guilty participants were sentenced to six months at Ship Island with ball and chain.

Those who observed the mingled nonchalance and severity of General Butler's demeanor during those four days, may naturally have concluded that it cost him no great exertion of will to hang these criminals. In reality, it caused him the severest internal conflict of his whole life. During the excitement of the detection and trial, there was, indeed, no room for any emotions but disgust at the crime and exultation at his success in discovering the perpetra tors. It was far different on the Sunday preceding the day of execution, when the men lay at his mercy in prison, when the wives of two of them came imploring for mercy, when the distant families of the other two were brought to his knowledge, and when the

softer hearted of his own military family pleaded for a commutation of the sentence. Mrs. Butler was at the North for the summer. Alone that night, the general paced his room, considering and reconsidering the case. He could not find a door of escape for these men. He had executed a citizen of New Orleans for an offense against the flag of his country; how could he pardon a crime committed by Union men against the citizens of New Orleans, a crime involving several distinct offenses of the deepest dye? His duty was clear, but he could not sleep. He paced his room till the dawn of day.

The men were executed in the morning; all but one of them confessing their guilt. To one of the families thus left destitute, the general gave a sewing-machine, by which they were enabled to earn a subsistence.

The effect of this prompt and rigorous justice was most salutary upon the minds of both parties in New Orleans; and its effect would have been as manifest as it was real, but for the disturbing influence of the terrible tidings from Virginia; in the presence of which the wisdom of an archangel would have failed to give confidence to the loyal people of Louisiana, or win to the Union cause any considerable number of the party for secession.

CHAPTER XXIII.

THE SHEEP AND THE GOATS.

We may now proceed to consider the iron-handed measures of the commanding general, which were designed to isolate the secessionists, and render them innoxious.

Crowds were forbidden to assemble, and public meetings, unless expressly authorized. The police were ordered to disperse all street-gatherings of a greater number of persons than three.

In the sixth week of the occupation of the city, General Butier began the long series of measures, by which the sheep were separated from the goats; by which the attitude of every inhabitant of

New Orleans toward the government of the United States was ascertained and recorded. The people might be politically divided thus: Union men; rebels; foreigners friendly to the United States; foreigners sympathizing with the Confederates; soldiers from Beauregard's army inclined to submission; soldiers from Beauregard's army not inclined to submission. These soldiers, who numbered everal thousands, were required to come forward and define their position, and either take the oath of allegiance, or surrender themselves prisoners of war; in which latter case, they would be admitted to parole until regularly exchanged, or if they preferred it, remain in confinement. In this way, the name, standing, residence, and political sympathies of this concourse of men were placed on record, and the general was enabled to know where they were to be found, and what he had to expect from them in time of danger.

His next step was to decree, that no authority of any kind should be exercised in New Orleans by traitors, and that no favors should be granted to traitors by the United States, except the mere protection from personal violence secured by the police. The following general order was designed to secure these objects:

"GENERAL Order No. 41.

"NEW ORLEANS, June 10, 1862.

"The constitution and laws of the United States require that all military, civil, judicial, executive and legislative officers of the United States, and of the several states, shall take an oath to support the constitution and laws. If a person desires to serve the United States, or to receive special profit from a protection from the United States, he should take upon himself the corresponding obligations. This oath will not be, as it has never been, forced upon any. It is too sacred an obligation, too exalted in its tenure, and brings with it too many benefits and privileges, to be profaned by unwilling lip service. It enables its recipient to say, 'I am an American citi zen,' the highest title known, save that of him who can say with St. Paul, 'I was free born,' and have never renounced that freedom.

"Judges, justices, sheriffs, attorneys, notaries, and all officers of the law whatever, and all persons who have ever been, or who have ever claimed to be, citizens of the United States in this department, who therefore exercise any office, hold any place of trust or calling whatever which calls for the doing of any legal act whatever, or for the doing of any act, judicial or administrative, which shall or may affect any other person than the actor, must take and subscribe the following oath: 'I do solemnly swear (or affirm) that I will bear true faith and allegiance to the United States of America, and will support the constitution thereof.' All acts, doings, deeds,

instruments, records or certificates, certified or attested by, and transactions done, performed, or made by any of the persons above described, from and after the 15th day of June inst., who shall not have taken and subscribed such oath, are void and of no effect.

"It having become necessary, in the judgment of the commanding general, as a 'public exigency,' to distinguish those who are well disposed toward the government of the United States, from those who still hold allegiance to the Confederate States, and ample time having been given to all citizens for reflection upon this subject, and full protection to person and property of every law-abiding citizen having been afforded, according to the terms of the proclamation of May 1st:

"Be it further ordered, That all persons ever heretofore citizens of the United States, asking or receiving any favor, protection, privilege, passport, or to have money paid them, property, or other valuable thing whatever delivered to them, or any benefit of the power of the United States extend. ed to them, except protection from personal violence, must take and sub scribe the oath above specified, before their request can be heard, or any act done in their favor by any officer of the United States within this department. And for this purpose all persons shall be deemed to have been citizens of the United States who shall have been residents therein for the space of five years and upward, and if foreign born, shall not have claimed and received a protection of their government, duly signed and registered by the proper officer, more than sixty days previous to the publication of this order.

"It having come to the knowledge of the commanding general that many persons resident within this department have heretofore been aiding rebellion by furnishing arms and munitions of war, running the blockade, giving information, concealing property, and abetting by other ways, the so-called Confederate States, in violation of the laws of neutrality imposed upon them by their sovereigns, as well as the laws of the United States, and that a less number are still so engaged; it is therefore ordered, that all foreigners claiming any of the privileges of an American citizen, or protection or favor from the govern:nent of the United States (except protection from personal violence), shall previous.y take and subscribe an oath in the form following:

"I, do solemnly swear, or affirm, that so long as my government remains at peace with the United States, I will do no act, or consent that any be done, or conceal any that has been or is about to be done, that shall be done, that shall aid or comfort any of the enemies or opposers of the United States whatever.

"(Signed),

"Subject of,”

"At the City Hall, at the provost court, at the provost-marshal's office,

and at the several police stations, books will be opened, and a proper officer will be present to administer the proper oaths to any person desiring to take the same, and to witness the subscription of the same by the party taking it. Such officer will furnish to each person so taking and subscribing, a certificate in form following:

No. 41, for a

"(Signed),

"DEPARTMENT OF THE GULF, New Orleans,

1862.

has taken and subscribed the oath required by General Order of

General orders issued at New Orleans usually produced considerable stir among the parties interested; but none of them caused so much excitement and such universal alarm as this. If the citizens were astounded, the foreigners were puzzled. No one was OBLIGED to take the oath; but what would happen to those who did not take it? The office-holders, however, could entertain no doubts respecting their fate, and all of them who adhered still to the Richmond government at once resigned their places. The residue of the city government was dissolved, and the military commandant reigned alone over New Orleans. One of the city officials, I observe from divers documents, made a parting dive into the city treasury, but he was caught in the act, and compelled to let go his booty.

General Shepley issued the following order relative to the gov ernment of the city:

"HEAD-QUARTERS MILITARY COMMANDANT, "NEW ORLEANS, CITY HALL, June 27, 1862. "The legislative power of the city of New Orleans has heretofore been vested by law, in a board of aldermen and a board of assistant aldermen, who together formed the common council of the city. This power is now suspended. The seats of the aldermen and assistant aldermen have all been vacated; one class of them by the expiration of their term of office, and the remainder by their neglect to take the oath of allegiance to the United States, as required by General Order No. 41 of the commanding general of this department.

"Believing that the inconvenience incident to a temporary suspension of legislative power will be slight compared with the evils which have heretofore been consequent on excessive and frequently corrupt legislation, these vacancies will not be filled until such time as there shall be a sufficient number of the citizens of New Orleans loyal to their country and their constitution to entitle them to resume the right of self-government.