The Sun.
London, England, 1864-12-17 00:00:00

An Incident of General Butler's Rule at

New Orleans.

The action brought by Messrs S. and A, Smith, to recover
150,000 dols., damages for an allegod trespass committed by
Gen. Butler, in the spring of 1862, by entering the banking
house of the plaintiffs, at New Orleaels, and taking away by
force 50,000 dols. in gold coin, besides breaking up and de-
stroying the plaintiffs' business by depriving them of their
capital, came on before the New York courts on the 30th
ult. Gen. Butler's counsel moved that the cause should go
before the Federal courts for trial, but the motion was 01):
posed by the counsel for the plaintiffs, who rea 4 the affidavit
of Mr S. Smith. In his affidavit, Mr Smith states that when
New Orleans was threatened by the Federals iu 18,52, the
people of that city feared that they would be
plunelered by tll.lO
mob and the troops. "Deponent had about 60,00' 11
0 dols.
gold coin in his safe, which he had hoped to save• In this
frightful consternatior, , deponent took 54,000 dole of the gotd
coin and secreted it in the air-cells around his sole, a„nd left
about 6,000 dole. of his own in the safe, besides a small
ount belonging to some of his customers, Ac mind lare
ragut's success left New Orleans at his mercy, and Cleei
butler entered the city on the Ist of May, and the rebel
soldiery fled, and there was no pillage of the tow_ u.
Forthwith General Butler issued his proclainalwri
dated May 1, 1862, and directed every man to returel
t' his business, and promising the fullest protection. I)3'
ponent did not suppose !hat this solemn proclamation by
general of the United States was intended ae a delusion and
a snare, and opened his banking-house in the fullest neng'
dente that the general would not violate his plighted falai'
The secreted coin could not be reached without tearing
a wall of masonry, and deponent being unwilling to excite
notice by tearing down a heavy brick wall and withdrawing
the coin, when the city was in such a fearful state, let 1
remain for a few days to await events. General Butler
soon began to examine into the affair of banks, bankers, and
men supposed to have money, for what public end no one
could understand, for what private end many were made to
know. On May 10 Gen. Butler ordered deponent to open
his safe, which he did; but the general finding but 6,000d01a
in coin in the safe while deponent's bonds chewed 60,000015
in hand, demanded the concealed coin, which deponent re.
fused to give'.up, telling Gen. Butler that it was concealed
and the object of its concealment, but declined to reveal the
place where it was secreted. The general then ordered de'
ponent to prison, and threatened to confine him to Fort
Jackson until he revealed the place of concealment, Veci
ponent was powerless, without the protection of law, an
at the mercy of despotic force. After being imprisoned 111
the manner above described, deponent revealed the pia'
where his gold was secreted. General Butler tore &Wu
the masonry, and carried off the 45,000 dols in gold, beside°
the money in the safe, and after a few days he returned t°
deponent the 6,000 left in the sate and 4,000 dols of the O'
cealed coin, keeping 60,000 dole in gold, which be 13451
retained from the deponent to this hour. The gene";
then let the deponent go. despoiled of his hard-earn
e''
property, and with his business broken up and destroyed'
The statement that ' this gold was condemned hY
military commission as the proceeds of the robbery °'
the United States Mint at New Orleans' is without a
shadow of truth, is utterly malicious, and is in Ore!!
syllable basely talse. Every dollar of it belonged to t""
plaintiffs; it was the proceeds of long and patient toil; n°3
a penny of it ever belonged to the Mint or to any Confede-
rate state, office, or department thereof, and the Milli
commission so found. That commission was composed
three able and upright men—Governor Shipley, 11°-.
Thomas J. Durant, and Dr Mercer—and their report prove°
the shameless falsity of these slanderous telegraros• 9e,
ponent took the oath of allegiance, the amnesty oath el 5
and is as true and loyal a man as he who, by military force:,
has taken away the deponent's property." The court t°°-
time to consider its decision with respect to the change °,
venue.