broil us with foreign powers. Whether that be so or not I do not propose to be driven out, or if I am driven out there will be no New Orleans. This is clearly a necessity. If we had five regiments, or 5,000 more men in our old regiments, there would be no attack.

Major Bell, however, understands the whole subject of our difficulties here thoroughly, and will give you the fullest information upon them you may desire.

Ten thousand men could be advantageously employed here, however, and any expedition to Texas should start from here. I am anxious to lead one.

I have the honor to be, your obedient servant,

BENJ. F. BUTLER,

Major-General, Commanding.

HEADQUARTERS DEPARTMENT OF THE GULF, New Orleans, La., August 19, 1862.

Col. HALBERT E. PAINE,
Colonel, Commanding at Baton Rouge, La.:

COLONEL: Upon your representation, through Mr. Bates, of the state of the public charitable and penal institutions at Baton Rouge, wherein the orphan, the insane, and the helpless are confined and housed, so that the innocent and helpless must be so greatly the sufferers, I am inclined to countermand my order for burning the town.

You will leave it as whole as you can, unless you are obliged to burn it as a matter of defensive action. I have not changed my opinion of the great military advantage it will be to the enemy to have it, but I am impelled by a sense of just humanity to overlook that advantage. Its importance is not such as to justify that destruction upon the unoffending.

With New Orleans it would be different, which must be held at all hazards or destroyed. It is the key to the river and the arsenal and banking-house of the rebellion.

I have the honor to be, your obedient servant,

BENJ. F. BUTLER,

Major-General, Commanding.

P. S.-You will not delay the movement on account of the statue of Washington. Leave it in safety if you do not bring it away.

[AUGUST 20, 1862.-For Secretary of State to Secretary of War in the case of Reilly, a British subject, see Series III, Vol. II.]

HEADQUARTERS DEPARTMENT OF THE GULF, New Orleans, August 20, 1862.

MOSES BATES, Esq.,

Superintendent State Penitentiary:

SIR: I certainly cannot sanction any law of the State of Louisiana which enslaves any children of female convicts born in the State prison. Their place of birth is certainly not their fault. You are therefore to