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GENERAL ORDERS

No. 40.

HEADQUARTERS, DEPARTMENT OF THE Gulf,
New Orleans, June 6, 1862.

Any person who has in his possession, or subject to his control, any property of any kind or description whatever, of the so-called Confederate States, or who has secreted or concealed, or aided in the concealment of such property, who shall not, within three days from the publication of this order, give full information of the same, in writing, at the Headquarters of the Military Commandant, in the Customhouse, to the Assistant Military Commandant, Godfrey Weitzel, shall be liable to imprisonment and to have his property contiscated.

BY COMMAND OF MAJOR GENERAL BUTLER :

WM. H. WIEGEL,

1st Lieutenant and Acting Assistant Adjutant General.

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 citizen," the highest title known, save that of him who can say with St. Paul, I was free born," and have never renounced that freedom.

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Judges, justices, sheriff's, 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, jndicial 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 towards 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 extended to them, except protection from personal violence, must take and subscribe 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 pace of five years and upwards, 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 Government of the United States, (except protection from personal violence,) shall previously 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 aid or comfort any of the enemies or opposers of the United States whatever.

(Signed)

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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 cach person so taking and subscribing, a certificate in form following:

Orders No. 41, for a (Signed)

1862.

"

DEPARTMENT OF THE GULF, New Orleans,
has taken and subscribed the oath required by General
of

BY COMMAND OF MAJOR GENERAL BUTLER:

R. S. DAVIS,

Captain and Acting Assistant Adjutant General.

No. 42.

New Orleans, June 19, 1862.

The Commanding General has received information that certain of the foreign residents in this Department, notwithstanding the explanations of the terms of the oath prescribed in General Order No. 41, contained in his reply to the foreign Con suls, have still scruples about taking that oath.

Anxious to relieve the consciences of all who honestly entertain doubts upon this matters, and not to embarrass any, especially neutrals, by his necessary military orders, the Commanding General hereby revises General Order No. 41, so far as to permit any foreign subject, at his election, to take and subscribe the following oath, instead of the oath at first set forth:

I.........

do solemnly swear that I will, to the best of my ability, support, protect and defend the Constitution of the United States. So help me God.

(Traduction.)

Je,

...

jure solennellement, autant qu 1 sera en moi, de soutenir, de maintenir et de défendre la Constitution des Eetats-Unis. Que Dieu me soit en aide!

The Government is sure that no foreign subject can object to this oath, as it is in the very words of the oath taken by every officer the European Brigade, prescribed more than a year ago in "Les reglements de la Legion Francaiçe, formee a la Nouvelle Orleans, le 26 d'Avril, 1861,” as will be seen by the extract below. (page 22,) and claimed as an act of the strictest neutrality by the officers taking it, and for more than a year has passed by all the foreign Consuls-so far as he is informedwithout protest.

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"Serment que doivent preter tous les officiers de la Légion Française.'”

STATE OF LOUISIANA, PARISH OF ORLEANS.

I,

."

do solemnly swear that I will, to the best of my ability, discharge the duties of of the French Legion, and that I will support, protect and defend the Constitution of the State and of the Confederate States. So help me God!

Sworn to and subscribed to before me.

Je, ..

(Traduction.)

ETAT DE LA LOUISIANE, PAROISSE D'ORLEANS.

jure solonnellement de remplir, autant qu'il sera

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