to him in regard to the matters of the bank, and contumaciously, contemptuously and utterly refused to produce certain papers which were within his control, necessary to my investigation of the affair of the Bank of New Orleans. For this contempt of all authority on the part of a confessed criminal I directed that until Le More would produce the papers he should be confined closely, and as we are quite unprepared at Fort Pickens for means of certain confinement I added the ball and chain. This portion of his confinement Le More can at any time alleviate by producing the papers as required. He intimated in the presence of the directors of the bank that those papers were on board your ship, the Catinat, an idea I at once repelled, as it was not possible that a French ship of war would be the willing custodian of the evidences of guilt of any person.

The form of the order of confinement of the Le Mores till "further orders" will show you that the imprisonment is merely provisional.

I cannot look upon the crime of the Le Mores in the light you seem to do. While living in this city, in June last, under the protection of the United States, they are engaged in delivering clothing to the rebel army to the amount of more than 2,000,000 francs. Whatever may be said of the transactions of those who, while living in their own country, selling contraband of war to the rebels, there can be no doubt of the heinousness of the crime of those foreigners who, living here, aid the rebellion. The native rebel has the palliation that his association, his training and education, his sympathies and perhaps almost necessities, have led him into acts of treason.

Not so the alien aider of rebellion! He has been warned o the heinousness of his offense by his august Sovereign's proclamation; he has no ties or associations here; he has no States' rights doctrines, imbibed from childhood's teachings, to mislead him; he has no country hare either to save or ruin. He is merely the voluntary guest of a nation which gives him more commercial advantages than he believes his own country affords him, and this nation he aids to destroy. His acts, if one by a citizen, are treason. He breaks the laws of hospitality of the country whose protection and home he enjoys. His only excuse is greed of gain, the love of the "thirty pieces of silver," which Judas got for betraying his master, from the same motive.

You may be sure, admiral, that the imprisonment of the Le Mores is not definitive punishment, for if the military tribunal before whom these men shall be brought take the same view of the heinousness of their offense that I do, and if the proof is undoubted, their punishment is likely to be much more suited to the depth of their guilt.

While, however, I claim and in proper case should exercise the right and power to try, adjudge, and if guilty to sentence these men myself, as the highest authority here, I repeat that at the earliest possible moment the men shall be tried by an impartial commission of officers of rank, appointed before they were arrested.

Meanwhile I claim the right to protect myself and my Government from the contumacious acts of those who are engaged in an attempt to overthrow it, whether alien or native born.

I have the honor to assure you, admiral, of my most sincere respect and personal esteem.

BENJAMIN F. BUTLER,

Major-General, Commanding.

49 R R-SERIES II, VOL IV