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[543] delivery of this last communication, it would be considered that an answer is declined;

And whereas, by a letter dated on the 3d day of the present month of December, the said Lieutenant-Colonel Ludlow apprised the said Robert Ould that the above recited communication of the 19th of November had been received and forwarded to the Secretary of War of the United States;

And whereas, this last delay of fifteen days allowed for answer has elapsed, and no answer has been received;

And whereas, in addition to the tacit admission resulting from the above refusal to answer, I have received evidence fully establishing the truth of the fact that the said William B. Mumford, a citizen of the Confederacy, was actually and publicly executed in cold blood by hanging, after the occupation of the city of New Orleans by the forces under Gen. Benjamin F. Butler, when said Mumford was an unresisting and non-combatant captive, and for no offence even alleged to have been committed by him subsequent to the date of the capture of the said city;

And whereas, the silence of the Government of the United States, and its maintaining of said Butler in high office under its authority for many months after his commission of an act that can be viewed in no other light than as a deliberate murder, as well as of numerous other outrages and atrocities hereafter to be mentioned, afford evidence too conclusive that the said government sanctions the conduct of the said Butler, and is determined that he shall remain unpunished for these crimes:

Now, therefore, I, Jefferson Davis, President of the Confederate States of America, and in their name, do pronounce and declare the said Benjamin F. Butler to be a felon, deserving of capital punishment. I do order that he shall no longer be considered or treated simply as a public enemy of the Confederate States of America, but as an outlaw and common enemy of mankind, and that, in the event of his capture, the officer in command of the capturing force do cause him to be immediately executed by hanging.

And I do farther order that no commissioned officer of the United States, taken captive, shall be released on parole, before exchanged, until the said Butler shall have met with due punishment for his crimes.

And whereas, the hostilities waged against this Confederacy by the forces of the United States, under the command of said Benjamin F. Butler, have borne no resemblance to such warfare as is alone permissible by the rules of international law or the usages of civilization, but have been characterized by repeated atrocities and outrages, among the large number of which the following may be cited as examples:--


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