Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1862-10-07

The New Orleans Delta, of the 29lh Ult., pub
lishes officially the following correspondence be-
tween prominent New Orleans physician and
General Butler, in regard to the application Of
the eonfscation order:
I44 CANAL STREET, September 26 1862 -
Sir You have probably inferred from cur vari-
Gus conversations that l have not taken an oath
OF allegiance to the Confederate States, or have
been member of any society or public body in
New Orleans, or elsewhere in the Confederacy;
aud that since your arrival here have main
tanned a sliet neutrality.
In pursuance of your Order No. 7G, / viii
make faithful return, substantially, if not nj
nutely accurate, Of ali my property here, except
about 5000 the greater part OF which IS in
gold, tnst l have reserved for an emergency.
l mention this to you now to avoid misspgre-
hensiOn.
Your order referred TO exempts those only
who have taken the oath of allegiance, but l
cannot think you intend TO Include those in my
situation as Claiming to be enemies of the
United States" Such al Interpretation Is, in
my opinion, al variance with the act OF Con-
gress, as well a5 with the proclamation Of Pres
id5ut Lincoln.
l have the honor to be, sir your Obedient
servant,
LSignedl W. NEWTON MERCER.
To Major Gen. BUTLER, U. S. A, COmd' g, etc.
HEADQUARTGRs DEPARTMENT OF tbs GULF,
NEW ORLEANS, Sept p, 1892. 5
SIR: l have yoUr note Of the 70 September.
La nv judgment there can be no such thing as
neutrality by citizen of the United States
in this contest for the life of the government
As an officer, l certainly cannot recognize
such neutrality. He that is not for Us agsinst
US"
= l. a.. -.
influence to the United States sll that DO not do
50 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, aud can claim no other posi-
ton than that OF friend or al enemy OF the
United States
While an 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 requirement OF
order No 76.. It may be, and trust IS quite
true, that by no act of yours have you rendered
yourself liable to the c0ufscati0n Of ysur prop
erty under the act and proclamation, but that is
for the military or othzT courts. N0u, however,
will advise yourself with your usual care and
caution WbSt may be the effect, now that you
are s0lemuly called upon 10 declare yourself IN
favor of the government, or cOntumaclously re
fusing to renew your allegiance to 1t, thereby
inducing, from your example, others Of your
feH0w-cit;zens to remain in the same opposition
l sm glad to acknowledge your long and upright
life man, your former services as an othcsr
of the government, and the high respect enter
tain for your personal character and moral
worth, but | am dealing with your duty IS cit
izen of the United States. Ali these noble quail
tiles, well yOUT high social position, render
your example all the more Influential and perni-
cious, and, grieve to add, in my opinion, more
dangerous to the interests of the United States
than if younger man, you bad shouldeIed your
musket and marched to the field in the army OF
the rebellion
am, very respectfully, your ob't sv't,
BENZ T. BUTLER, Msj-C1an4 Cong
DR. w NEWTON MERCER, Canal street.