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 emotion but disgust at the crime and exultation at his success in discovering the perpetrators. 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 archaugel 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. case, they would be admitted to parole untii 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: "NEW ORLEANS, June 10, 1862. "GENERAL ORDER No. 41. "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. "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 of fice, 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 We may now proceed to consider the iron-affirm) that I will bear true faith and allegianco handed measures of the commanding general, which were designed to isolate the secessionists and render them innoxious. CHAPTER XIX. THE SHEEP AND THE GOATS. Crowds were forbidden to assemble, and public meetings, unless expressly authorized. The police were ordered to disperse all streetgatherings of a greater number of persons than three. In the sixth week of the occupation of the city, General Butler 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 several 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 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 oatlı, 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 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 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. 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 ict go his booty. Gen. Shepley immmdiately issued the following order: "So much of the executive power of the city as has heretofore been vested in the mayor, will, for the present, be exercised by the military commandant of New Orleans. "A 'bureau of finance' is hereby constituted, composed of a board of three persons, one of whom shall be the chairman of the board, to be appointed by the military commandant, with "It having come to the knowledge of the such clerks as may from time to time be found commanding general that many persons resident necessary, and may be appointed by the chairwithin this department have heretofore been aid- man of the board, subject to the approval of the ing rebellion by furnishing arms and munitions military commandant. The duties of said buof war, running the blockade, giving information, reau shall be the same as those which-under concealing property, and abetting by other the act approved March 20, 1856, and under ways, the so-called Confederate States, in viola- other laws constituting the charter of the said tion of the laws of neutrality imposed upon them city of New Orleans, and under the ordinances by their sovereigns, as well as the laws of the of the city now in force-have been attributed United States, and that a less number are still so to the several committees on finance, fire, police, engaged; it is therefore ordered, that all foreign-judiciary, claims, education, and health, in the ers claiming any of the privileges of an Amer-board of aldermen and in the board of assistant ican citizen, or protection or favor from the aldermen of the common council of New Orgovernment of the United States (except pro-leans. The offices of said bureau shall be in the tection from personal violence), shall previ- City Hall. ously 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 auy 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. แ "(Signed), "Subject of "A'bureau of streets and landings,' consisting of three persons, one of whom shall be chairman, is hereby constituted. The duties of said bureau shall be the same which, under the charters, laws and ordinances of the city of New Or leans, have been appropriated to the several committees on streets and landings, workhouses and prisons, and house of refuge, in the board of aldermen and board of assistant aldermen. The office of said bureau shall be in the City Hall, and the chairman shall appoint, subject to the approval of the military commandant, the "At the City Hall, at the provost court, necessary clerks, whose compensation will be at the provost marshal's office, and at the sev-fixed by the bureau, subject to the same aperal 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: "DEPARTMENT OF THE GULF, "New Orleans, 1862. has taken and subscribed the oath required by General Order No. 41, for a of (Signed), proval. "The following named persons will constitute the bureau of finance: E. H. Durell, chairman; D. S. Dewees, Stoddart Howell. "The following named persons will constitute the bureau of streets and landings: Julian Neville, chairman; Edward Ames, Benjamin Campbell. "By order. C. F. SHEPLEY, "Military Commandant of New Orleans. "Approved and ordered. เ "B. F. BUTLER, The consuls, as usual, had something to say to the general upon the new topic. "If General Butler rides up Canal street," said the Delta, General orders issued at New Orleans usually "the consuls are sure to come in a body, and produced considerable stir among the parties in- protest' that he did not ride down. If he terested; but none of them caused so much ex-smokes a pipe in the morning, he is sure to have citement 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 a deputation in the evening, asking why he did not smoke a cigar. If he drinks coffee, they will send some rude messenger with a note asking, in the name of some tottering dynasty, why he did not drink tea." The consuls did not gain much glory in this new contest with the general. He simply changed the form of the oath to that enjoined by the rebel authorities, against which no consul had protested. The oath-taking, meanwhile, went vigorously ou. On the 7th of August, Colonel French had the pleasure of reporting that the oath prescribed to citizens had been taken by 11,723 persons; the foreign neutrals' oath, by 2,499 persons; and that 4,933 privates and 211 officers of the Confederate army had given the required parole. This was the more gratifying from the fact, that the social influence of the city was all employed against the taking of the oath. Ladies refused to receive gentlemen who were known to have taken it. Gentlemen were notified to leave their boarding-houses who had thus avowed their attachment to the Union. Books were kept, by noted secessionists, in which the names of such were recorded for future vengeance. Men who were accused of having taken the oath thought it necessary, in some instances, to resent the charge as a calumny. Others who had recently taken it, boasted that they had done so only to secure the temporary advantages attached to the act, and avowed their readiness to take as *A perfectly well-informed officer related the following incidents: Holt's drinking-saloon was one of the most fashionable in the city. The proprietor, the son of the famous Now York hotel-keeper of that name, kept fast horses, a fashionable private residence, and received his income by the hundred dollars a day. In an evil hour secession seized upon the land, and Holt was induced to issue shinplasters. His reputation for wealth and business profits made them popular, and inducements were held out for immense issues. Gradually, however, business fell off, and Holt, when General Butler ordered that personal paper money should be redeemed by banknotes, found it impossible to comply with the proclamation, and this inability was increased by the fact that he had taken the oath of allegiance, and his regular customers refused, therefore, to be comforted at his house. The finale was that Holt was sold out, and his establishment, repainted and restocked, opened under the auspices of one John Hawkins. To give the place the due amount of éclat, Captain Clark, of the Deltu, knowing that it was against the law for any one to sell liquor in the city, unless by a person who had taken the oath of allegiance and obtained a license, caused it to be published that at last our citizens were blessed with a 'Union drinking-saloon,' and at the same time invited all persons who loved the stars and stripes to patronize this new establishment. "This flattering notice fell upon John Hawkins as a thunderbolt; he frantically rushed over to the newspaper office and protested that he was a rebel, and that he relied upon his secession friends for patronage; he declared that he was a ruined man unless something was done to immediately purge his fair faine of any taint of loyalty to his native land. Captain Clark, who fully appreciated the unfortunate publican's feelings, and with the spirit and liberality of a chivalrous editor, offered his columns for an explanation, which offer resulted in the publication of the following card: "HAWKINS HOUSE. "To the Editor of the New Orleans Delta: "The editorial statement in your journal of this morning, to the effect that I have taken the oath of allegiance, is a fabrication. JOHN HAWKINS. "NEW ORLEANS, July 17, 1862.' "Secessia was delighted; John's friends crowded his precincts all day, and drank to John's health, and at John's expense. The dawn of the following morning promised a brilliant future; but, alas ! Deputy provost marshal, Colonel Stafford, whose business it is to see that public drinking-house keepers have taken the oath of allegiance, sent after Mr. Hawkins, and asked him what right he had to keep a shop open without license, and farther inquired if John did not know that he could not get a license unless he took oath to be a good citizen under the national government. This interference on the part of General Butler and his subordinates with the unalienable rights of Secessia has, of course, thrown a new brand of discord into the community, and the fearful catastropho seems impending, that will compel the habitués of the fashionable drinking-saloons to have the slow poison dealt out by loyal citizens." many oaths as Picayune Butler thought it necessary to impose; as no faith was to be kept with Yankees. All these things were noted by General Butler, who "bided his time." Another of the general's precautionary measures, was the disarming of New Orleans. The city was full of arms. Nearly every house, of any pretensions, contained some, and nearly every well-dressed man carried a weapon of some kind. At first, the general had no intention of depriving private persons of their arms, since he had assured the public, in his proclamation, that private property should be respected. Under the general order, commanding the disclosure and surrender of Confederate property, a considerable quantity of arms and munitions of war were seized; but the most virulent of the rebels were still allowed the inestimable privilege of carrying a pocketful of revolvers, and a bowieknife parallel to the back-bone. The event which led to the universal disarming of the city was this: In August, on the bloody field of Baton Rouge, were found dead and wounded citizens of Baton Rouge, wearing still their usual arms, who, on the very evening before the attack, had mingled familiarly with the officers of the Union army, and who, on the approach of Breckinridge, had hastened to join his troops, and to engage in the conflict. Lieutenant Weitzel reported this significant fact to General Butler, who immediately determined to compel the surrender of every private weapon in New Orleans. The requisite orders were issued; arms in great quantities were brought in and safely deposited; for all of which receipts were given. His The French consul objected, of course. protest had only the effect of adding one more to General Butler's amusing consular letters. GENERAL BUTLER TO THE FRENCH CONSUL. "HEAD-QUARTERS, DEPARTMENT OF THE GULF, "NEW ORLEANS, August 14, 1862. "SIR: Your official note to Lieutenant Weitzel has been forwarded to me. order requiring the arms of private citizens to be "I see no just cause of complaint against the given up. It is the usual course pursued in cities similarly situated to this, even without any exterior force in the neighborhood. "You will observe that it will not do to trust to mere professions of neutrality. I trust most of your countrymen are in good faith neutral; but it is unfortunately true that some of them are not. This causes the good, of necessity, to suffer for the acts of the bad. "I take leave to call your attention to the fact, that the United States forces gave every immunity to Monsieur Bonnegrass, who claimed to be the French consul at Baton Rouge; allowed him to keep his arms, and relied upon his neutrality; but his son was taken prisoner on the battle-field in arms against us. "You will also do me the favor to remember that very few of the French subjects here have taken the oath of neutrality, which was offered to, but not required of them, by my Order No. 41, although all the officers of the French Legion had, with your knowledge and assent, taken the oath to support the constitution of the Confederate States. Thus you see I have no guarantee for the good faith of bad men. "I do not understand how it is that arms are altered in their effectiveness by being 'personal property,' nor do I see how arms which will serve for personal defense ('qui ne peuvent servir que pour leur défense personnelle'), can not be as effectually used for offensive warfare. "Of the disquiet of which you say there are signs manifesting themselves among the black population, from a desire to break their bonds, (certaines dispositions à rompre les liens qui les attachent à leurs maîtres'), I have been a not inattentive observer, without wonder, because it would seem natural, when their masters had set them the example of rebellion against constituted authorities, that the negroes, being an imitative race, should do likewise. "But surely the representative of the emperor, who does not tolerate slavery in France, does not desire his countrymen to be armed for the purpose of preventing the negroes from breaking their bonds. "Let me assure you that the protection of the United States against violence, either by negroes or white men, whether citizens or foreign, will continue to be as perfect as it has been since our advent here; and far more so, manifesting itself at all moments and everywhere ('tous les instants et partout'), than any improvised citizens' organization can be. "Whenever the inhabitants of this city will, by a public and united act, show both their loyalty and neutrality, I shall be glad of their aid to keep the peace, and indeed to restore the city to them. Till that time, however, I must require the arms of all the inhabitants, white and black, to be under my control. I have the honor to be, your obedient servant, BENJ. F. BUTLER, Maj.-Gen. Com. "To Count MEJAN, French Consul." To secure the surrender of arms still secreted, the following stringent general order was issued: "That hereafter, the offenses of robbery by violence or aggravated assault that ought to be repelled by the use of deadly weapons, burglaries, rapes and murders, whether committed by blacks or whites, will be, on conviction, punished by death." Union men, known and tried, were permitted to keep their arms. To one or two old soldiers of the war of 1812, the privilege was accorded of retaining the weapons once honorably borne in the service of their country. Many weapons were, doubtless, still secreted; but, for all purposes of co-operation with an attacking force, New Orleans was disarmed. The whole number of surrendered weapons was about six thousand. CHAPTER XX. THE CONFISCATION ACT. THE act of Congress confiscating the property of rebellious citizens was approved July 17th. Before the passage of the act, General Butler had taken the liberty to " sequester" the estates of those two notorious traitors, General Twiggs and John Slidell, both of whom possessed large property in New Orleans. These estates he held for the adjudication of the government, and, in the meantime, selected the spacious mansion of General Twiggs for his own residence and that of a portion of his staff. Among the papers found in his house were certain letters which tended to show that Twiggs had sought the command in Texas with a view to the betrayal of his trust, a crime only once paralleled in the history of the country. Twiggs fled from New Orleans on the approach of the fleet, conscious that such turpitude as his could not fail to meet its just retribution. He died soon after, but not before he had heard that the flag of his betrayed country floated over his residence as the headquarters of the army of occupation. "NEW ORLEANS, August 16, 1862. "Ordered, That after Tuesday, 19th inst., there be paid for information leading to the disThree swords, presented to him for his galcovery of weapons not held under a written per-lantry in Mexico, one by Congress, one by the mit from the United States authorities, but retained and concealed by the keepers thereof, the sums following: For each serviceable gun, musket or rifle... revolver... $10 7 state of Georgia, his native state, one by Augusta, his native city, were left behind in the custody of a young lady, and fell into the hands of General Butler. The young lady claimed them as her own. She said that General Twiggs had given them to her on new-year's day, with a box of family silver, alleging as a reason for this strange gift the recent death of a beloved niece to whom he had previously bequeathed them. Three facts were elicited which induced the "Said arms to be confiscated, and the keeper general to set aside her claim. One was, that so concealing them to be punished by imprison-Twiggs had brought the articles to the young 66 pistol. 5 sabre or officer's sword.. 5 แ dirk, dagger, bowie-knife or sword ment. cane.... 3 "The crime being an overt act of rebellion against the authority of the United States, whether by a citizen or an alien, works a forfeiture of the property of the offender, and, therefore, every slave giving information that shall discover the concealed arms of his or her master, shall be held to be emancipated. "II. As the United States authorities have disarmed the inhabitants of the parish of Orleans, and as some fearful citizens seem to think it necessary that they should have arms to protect themselves from violence, it is ordered, lady's residence, not on new-year's day, but at the moment of his flight from the city. Another was, that she had never mentioned so extraordinary a present to any member of her family— as appeared on the separate examination of each. Another was, that General Twiggs had left with the articles the document following: "I leave my swords to Miss Rowena Florence, and box of silver. New Orleans, April 25, 1862. D. E. TWIGGS:" which was hastily written in the carriage at the door. General Butler vent: "ed to disbelieve Miss Rowena Florence, and rent the swords to the president of the United States. He suggested that the one presented by congress, should be given to some officer distinguished in the war; that the one given by the state of Georgia, should be deposited at the military academy at West Point, with a suitable inscription, as a warning to the cadets; and that the third should be placed in the patent office as a memento of the folly of such an "invention" as secession. In forwarding the swords to congress, the president remarked, that if either of them were presented to an officer of the army, "General Butler is entitled to the first consideration. The sword voted by Kentucky to General Zachary Taylor, was rescued by General Butler from disloyal hands in New Orleans. He sent it to the son of the late president-BrigadierGeneral Joseph Taylor of the Union army. This premonition of coming retribution called attention anew to the clause of the confiscation act which declared all conveyances of property made after the expiration of the sixty days to be void. Instantly there began such a universal transferring of property as no city had ever before seen. Property was given away; property was sold for next to nothing; all the known expedients for getting rid of property were employed; until it seemed probable that by the 23d of September, not a rebel in New Orleans would be found to possess anything whatever, and the entire wealth of the city would be held by that portion of the people who had taken the oath of allegiance, or by parties at a great distance, and inaccessible, or by minors and women. General Butler determined to use his autocratic authority to put a stop to these fictitious transfers. The following general order accomplished this purpose. NEW ORLEANS, Sept. 1862. "I. All transfers of property, or rights of property, real, mixed, personal or incorporeal, except necessary food, medicine and clothing, either by way of sale, gift, pledge, payment, lease or loan, by an inhabitant of this department, who has not returned to his or her allegiance, to the United States (having once been a citizen thereof), are forbidden and void, and the person transferring and the person receiving shall be punished by fine or imprisonment, or both. "II. All registers of the transfer of certificates of stock or shares in any incorporated or joint-stock company or association, in which any inhabitant of this department, who has not returned to his or her allegiance to the United States (having once been a citizen thereof), has any interest, are forbidden, and the clerk or other officer making or recording the transfer will be held equally guilty with the transferer." The confiscation act, it will be remembered, divided rebels into two classes. The property of oue class was to be confiscated at once, or as soon as it fell into the possession of the United States; the property of the other class was to be confiscated after sixty days' warning. The first class consisted of all military and naval officers commanding rebels in arms; the president, vicepresident, judges, members of congress, cabinet ministers, foreign emissaries, and other agents of the Confederate States; the governors and judges of seceded states; in short, all who hold office under the Confederate government, or under the government of a seceded state, as well as citizens of loyal states who gave aid and comfort to the rebellion. The second class included the great mass of the privates in the Confederate army and navy, and all unofficial abettors of the rebellion. The property of these last was to be declared confiscated sixty days after the date of the president's proclamation warning them to lay down their arms and return to their allegiance. As this proclamation was issued on the 25th of July, the days of grace expired on the 23d of September. foreseeing the evil, had long ago reduced themSome wise men of New Orleans, With this explanation, the reader will under-selves to fictitious beggary. The decisions of Mr. stand the object of the following general order, Reverdy Johnson, sustained by the government, and will be able to imagine its effect upon the had given rise to the impression that papers made out in the forms of law, would be permitted to nullify an act of Congress, as well as set at naught the decrees of General Butler. Many men of wealth had acted upon this impression, "making over " valuable estates to others, for considerations that were ridiculously small. General Butler seized and "sequestered" some property thus transferred, holding it for the government to decide upon the legality of such proceedings. One noted case of this kind he selected as a test, and submitted it to the secretary of state. The dispatch in which the particulars were detailed, shall be presented here, for the light it throws upon the state of things in New Orleans and the peculiar difficulties of General secessionists of New Orleans: NEW ORLEANS, Sept. 13, 1862. "As in the course of ten days it may become necessary to distinguish the disloyal from the loyal citizens and honest neutral foreigners residing in this department: "It is ordered, That each neutral foreigner, resident in this department, shall present himself, with the evidence of his nationality, to the nearest provost-marshal for registration of himself and his family. "This registration shall include the following particulars: "The country of birth. And more. "The length of time the person has resided Butler's position. It is fair to guess that this within the United States. "The names of his family. dispatch had something to do with General But"The present place of residence, by street, measure which was not suggested by the presiler's recall from the Department of the Gulf-a number or other description. "The occupation. "The date of protection or certificate of nationality, which shall be indorsed by the passportclerk, 'registered' with date of register. dent. GENERAL BUTLER TO MR. SEWARD. "HEAD-QUARTERS, DEPARTMENT OF THE GULF, "NEW ORLEANS, September 19, 1862. "All false or simulated claims of foreign alle-"Hon. WILLIAM H. SEWARD, Secretary of State: giance, by native or naturalized citizens, will be severely punished." "SIR:-I have the honor to report to you the following facts: |