The property of ‘"Neutrals"’ not to be respected.
The New Orleans Delta publishes, officially, the following correspondence between a prominent New Orleans physician and Gen. Butler, in regard to the application of the confiscation order:
144 Canal Street, Sept. 26, 1862.
Sir:
You have probably inferred from our various conversations that I have not taken an oath of allegiance to the Confederate States, or have been a member of any society or public body in New Orleans, or elsewhere in the Confederacy; and that since your arrival here I have maintained a strict neutrality.
Sir:
In pursuance of your Order No. 76, I will make a faithful return, substantially, if not minutely accurate, of all my property here except about $3,000, the greater part of which is in gold, that I have reserved for an emergency. I mention this to you now to avoid misapprehension.
Your order referred to exempts those only who have taken the oath of allegiance, but I cannot think you intend to include those in my situation as ‘"claiming to be enemies of the United States."’ Such an interpretation is, in my opinion, at variance with the act of Congress, as well as with the proclamation of President Lincoln.
(Signed) W. Newton Mercer.
To Maj. Gen. Butler, U. S. A., com'g, &c.
Hdq'rs Department of the Gulf, New Orleans, Sept. 27th, 1862.
Sir:
I have your note of the 26th September. In my judgment there can be no such thing as neutrality by a citizen of the United States in this contest or the life of the Government.
As an officer, I certainly cannot recognize such neutrality.
‘"He that is not for us is against us."’
Sir:
All good citizens are called upon to lend their influence to the United States; all that do not do so are the enemies of the United States; the line is to be distinctly and broadly drawn. Every citizen must find himself on one side or the other of that line, and can claim no other position than that of a friend or an enemy of the United States.
While I am sorry to be obliged to differ from you in your construction of the act of Congress and the proclamation of the President, I cannot permit any reservation of property from the list or exemption of person from the requirements of Order No. 76. It may be, and I trust is quite true, that by no act of yours have you rendered yourself liable to the confiscation of your property under the act and proclamation; but that is for the military or other courts. You, however, will advise yourself with your usual care and caution what may be the effect, now that you are solemnly called upon to declare yourself in favor of the Government, or contumaciously refusing to renew your allegiance to it, thereby inducing, from your example, others of your fellow-citizens to remain in the same position. I am glad to acknowledge your long and upright life as a man, your former services as an officer of the Government, and the high respect I entertain for your personal character and moral worth; but I am dealing with your duty as a citizen of the United States.--All these noble qualities, as well as your high social position, render your example all the more influential and pernicious, and, I grieve to add, in my opinion, more dangerous to the interest of the United States than if a younger man you had shouldered your musket and marched to the field in the army of the rebellion.
Ben. F. Butler, Maj. Gen. Com'g.
Dr. W. Newton Mercer, Canal st.
