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Florida Rail Road Office |
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Gainesville, June 6, 1863 |
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| Hon. D. L. Yulee |
| President of the Florida R. R. Company |
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Gainesville |
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Sir, |
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Your esteemed favor of the 4th inst., is
before me, when writing the letter to which it is a reply, I
presumed you to be familiar with the conversations and
correspondence, which had occurred relative to iron on parts of the
Florida Rail Road, between Brig. Gen. Finegan and myself; had no
reason to doubt the correctness of the reports made to me of your
remarks, relative to the removal and use of the iron, at the time
the meeting was held at Gainesville; and had no recollection, of
ever having seen any letter from you to the President of the
Pensacola & Georgia Rail Road Company on the subject. |
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I do not remember ever to have seen or read any letter
from you to the President of the Pensacola & Georgia Railroad
Company upon that or any other subject, nor from you to any other
person relative to the proceedings of the meeting. |
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I know that apprehensions were entertained, by
intelligent gentlemen of East Florida, that the enemy would take
possession of the Florida R. Road, and their reasons for the
apprehensions were submitted to the consideration of the late
Executive Council, in which East Florida was ably represented, and
that Brig. Gen. Trapier, then in command of this Military District,
and who was assigned to the command, if I am correctly informed at
your instance and request, issued orders on the subject. Enclosed
you will have copies of those orders and of the resolutions of the
Executive Council. The President of the Pensacola & Georgia Rail
Road Company was requested to aid in the execution of Brig. Gen.
Trapier's order for the removal of the iron, but declined to do so,
especially if it was to be used on any other road, without the
consent of the Florida R. R. Company. The order of Brig. Gen.
Trapier was prevented from being executed, as I have been informed,
by an Injunction granted by the Judge of the Judicial Circuit. |
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Since that time the enemy have several times occupied
Jacksonville, now command the St. John's River, have continued to
occupy Fernandina; and on one occasion took possession of, and
committed serious depredations at Cedar Keys. Have threatened and
yet threaten to invade Florida, and especially East Florida. Have
the Confederate government sufficient forces in the State, even if
all the forces in it could be concentrated without exposing other
portions of the State, as important to defend as East Florida, to
drive the enemy away from Fernandina, to reclaim possession of the
St. Johns River, or to prevent the invasion, if attempted, by ten
thousand of the enemy, a less number than that with which they
threaten. Apprized as we are of the purposes of the enemy and their
numbers and means of warfare, these matters should claim our
greatest consideration. We have, not in my opinion, the forces in
the State nor the arms and munitions of war necessary to its defence,
and if an emergency should occur requiring additional troops, and if
the forces could be spared from Georgia and South Carolina, we could
not obtain them promptly, because destitute of the means of
transportation. To prove the fact, I would refer to the causes which
led to the late loss of St. John's Bluff, with guns, munitions of
war, &c. Under these circumstances, believing that if the enemy
shall invade East Florida in large numbers, the numbers with which
they threaten to invade, the Florida Railroad will be captured and
destroyed, or be used by them for the subjugation of East Florida,
and ruinous depredations will be committed. I have respectfully
urged upon you, as President of the road, to yield the iron from
certain parts of the road, which would prevent its being used by the
enemy, to the control of the Confederate Government, and to be used,
together with the St. Marks road, to extend the Pensacola & Georgia
R. R. to the Chattahoochee river, and also to connect that road with
the {Savannah,} Albany & Gulf Railroad,
and to prepare a gunboat for service on our coast. |
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With the road extended to Chattahoochee and connected
with the Albany & Gulf Railroad, troops and munitions of war could
be promptly transported from adjoining States for the defence of
Florida, and the citizens of Florida would have the means afforded
to aid liberally in subsisting and supporting not only the armies in
Confederate service, but less fortunate citizens whom the enemy have
driven from their homes into other States. If correctly informed,
the P. & G. R. Road company will consent cheerfully to the iron on
the St. Marks road {the Tallahassee RR}
being removed and used to aid in the accomplishment of the important
object proposed. |
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In a technical sense "The Trustees of the Internal
Improvement Fund and the rail road companies may not have the right
to change or diminish the security of cestuis qui truste, or
to deal with the trust fund, or the rights of the State, or of the
creditors of the fund, any otherwise than any other ordinary
trustees might under the direction and controle of the Courts of the
State; and there may be no power existing in the rail road companies
or the Executive branch of the Government to authorize or permit the
destruction of a public way." I quote from your letter and will add,
unless the public safety shall require it. It is not to be presumed
that the exercise of any such power would be attempted unless
demanded for the general welfare against impending danger. Is not
danger threatened and imminent. |
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The defences of the State in the fearful war in which we
are engaged have been entrusted to the Confederate government.
Circumstances have required, on the part of the government, the
exercise of extraordinary powers. The confidence of the people have
entrusted officers of that Government to decide upon "extreme
emergencies" which will justify extreme measures for our defence. To
save the Confederate States from being subjugated, some of our
citizens, without their consent, have been taken from their
homes, to distant battle fields, the property of farmers, merchants
and other citizens have been impressed and appropriated to the use
of the Government, in the conduct of the war, why should not iron
from rail roads be impressed if needed? Railroad companies have no
claims paramount to the general safety, their claims should not be
more respected, than the rights of freemen to personal liberty, or
of farmers, merchants and other citizens, to enjoy the peaceful
possession of their property. "You are right in saying that I will
agree with you that" it is not allowable in public officers, either
lightly to suppose emergency, or needlessly to create them, for the
purpose of accomplishing a preconceived design and desire.
"Especially should they guard themselves against being made
unconscious instruments of injustice by employing the powers their
public trusts confers in promoting the ends of those who urge their
action;" and I would respectfully add, that gentlemen whose
distinguished resources from wealth and social or political
position, and especially those who have enjoyed public confidence
and public favors, should not permit themselves to be wedded to
schemes of personal ambition, or particular local and selfish
interests, at the peril of the political existence of the State, and
the lives and property of their fellow citizens. I presume you will
agree with me, that lightly supposed emergencies, or such as were
needlessly created for the purpose of accomplishing preconceived
designs and desires, or a culpable ignorance of military science and
utter disregard of the general interest of East Florida, caused
immense expenditures of money and labor to defend Fernandina --
which would have been sufficient to have made the defences complete
on the St. John's river and at St. Augustine -- but did not save
Fernandina. The loss of that place, and the heavy loss of guns and
munitions of war, imperiled the iron on the Florida Rail Road, and
hence the action of the Executive Council and of Gen. Trapier, for
its removal, to prevent the enemy from the use of the road, and to
save the iron for the benefit of the proprietors, and if need be,
for the defences of the State. |
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It certainly was, or has been lamentably proved, much
more important to the defence of East Florida to have prevented the
enemy from controlling the St. Johns river, than from occupying
Fernandina. This opinion was entertained and urged by me but
unsuccessfully -- because distinguished gentlemen entertained a
different opinion -- and, perhaps, because public officers did not
properly guard themselves against being made unconscious instruments
of injustice, and employing the power their public trust conferred,
in promoting the ends of those who urged their action, to the great
and irreparable injury of the citizens in the counties bordering on
the St. Johns, and especially to the citizens of St. Augustine and
Jacksonville. |
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The enemy, with Fernandina, captured nearly all the guns
of value and munitions of war, which, at the time, were in Middle,
East and South Florida. And what important advantages have the enemy
gained by the occupancy of Amelia Island, except the use of the
buildings in Fernandina. Will you not agree with me that it will be
an epoch in the history of Florida, of which Floridians may be
proud, when public officers, gentlemen distinguished for their
abilities as statesmen, and the citizens generally, shall rise
superior to local and selfish interest, and devote their abilities
to the general welfare and honor of the State and of the Confederate
States; and by their patriotism impose a quietus upon the efforts of
demagogues, to embarrass the Confederate Government in generous
efforts for the defence of Florida and her sister States of our
glorious Confederacy. |
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The Trustees of the Internal Improvement Fund confide in
and respect your "humble trust, that you will not be wanting at any
time in necessary and dutiful sacrifices and contributions to the
great cause in which all citizens are engaged, and will gladly unite
with yourself and other Trustees in liberal and patriotic devotion
of our own means." That is exactly what we desire you to do, and
therefore, with great respect, ask leave to express the opinion that
you do yourself, as President of the Florida Railroad Company, as
well as the members of the company, provided they are citizens of
and loyal to the Confederate States -- unintentional injustice in
the remarks, "but I have not the right to make myself free with the
property of others, nor to seek merit for a generous patriotism at
another's cost." By the "another's," it is presumed you mean the
Florida Railroad Company, and, therefore, I would respectfully
invite your attention to the accompanying extract from our records,
and invite you consideration to the means with which the Florida
Railroad was built, and the favor extended to it in a s much larger
amount than to any other road. It cannot, as it seems to us, be
reasonably presumed that those you represent can be entirely
insensible to the general welfare of the State, and consider your
vain glorious, if, as their representative, you should contribute
the iron, and especially at a full price, for the defences of the
State, unless the stockholders, as the actual holders of the bonds,
are, as represented to be, enemies residing in the United States,
who would prefer the subjugation of Florida to the sale of the iron
at any price. |
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The propositions for your consideration are very simple:
Are the means of transportation proposed necessary for the defence
of the State? It is believed that they are by military officers, of
distinguished character, entrusted with the defences of the State,
who have no personal interest to subserve. Can the iron be procured
without using that on parts of the Florida Railroad, and on the road
leading from this place to St. Marks? I am informed and believe it
cannot be. It has been said that possibly it might be taken from the
Brunswick {& Albany} Railroad in
Georgia; but Floridians should have too much self respect, and
cherish too sacred a regard for the honor of Florida, to prefer to
use, for their own defence, iron belonging to a comany in a sister
State, rather than iron of road in Florida, built by the
credit of the State, and belonging to a company represented by a
President who "would gladly unite with other Trustees in the liberal
and patriotic devotion of our own means, and who does not believe
that he has the right to make himself, as their representative, free
with the property of others, or to seek merit for a generous
patriotism at another's cost." |
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The iron on the parts of the Florida railroad, which it
has been proposed to use, my be valuable to its owners and
serviceable to citizens residing near the road. Should their
particular interest and the accommodation it affords a few of our
worthy fellow citizens, be temporarily sacrificed for the general
defence of the State? I believe that the sacrifice should be made,
not simply because necessary to the general safety of the State, but
especially to preserve the rights of the owners, and to secure to
our fellow citizens, permanently the advantages to be desired from
the road. But it is said, that a difference of opinion upon this
subject, will cause some of our fellow citizens to resist by force,
if need be, any attempt by the Confederate Government to remove the
iron. I hope that such is not the fact. It has been presumed that
all who are able and willing to fight for the rights and honor of
the Confederate States are in military service, and that but few had
remained at home, unless legally exempted by age, physical
disability, or to aid in the administration of the State Government,
but if this presumption is erroneous, will it not be better for
those who are at home and feel valiant, to report themselves for
duty to Brigadier General Finegan; and fight, bleed and die in the
achievement of the Independence of the Confederate States, rather
than engage in a neighborhood fight for a little railroad iron? |
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Permit me to assure you that I have no pecuniary interest
in any railroad; no preference for one road more than another;
except under the existing circumstances for the public good; no
feeling of unkindness or distrust towards the officers or any
citizens of the State having an interest in any of the railroads;
have always advocated the railroad system as the best means of
Internal Improvements, and desire ardently that each road in the
State, may contribute to the prosperity of its proprietors as well
as the power and general welfare of the State. I have suggested and
urged the extention of the Pensacola & Georgia Railroad to the
Chattahoochee, and its connection with the Albany & Gulf Road -- and
the use of the iron parts of the Florida Railroad and that on the
St. Marks Railroad -- because I believe my official duty required me
to do so, as the best means of saving Florida from inroads of the
enemy which would be perhaps more destructive and calamitous, that
have been experienced from the enemies raids in Louisiana,
Mississippi and other States. The apprehensions I have felt and yet
feel for the safety of the State, may not be well founded, and the
suggestions I have made may not be wise, but the apprehensions have
been entertained and the suggestions made, with the utmost sincerity
and anxiety, for the public good, and without any purpose or
willingness to injure the pecuniary interest of the owners of the
Florida Railroad; on the contrary, I believe that their interest a
well as the public good would be promoted by the measures advised. |
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The Confederate Government is willing to pay a just price
for the iron; an amount which would probably enable the Florida
Railroad Company through an agent in England, to procure new iron,
and have it landed at Fernandina, as soon as the cross ties and bed
of the road, would after the cessation of hostilities, be prepared
to receive it. If these positions shall be proved by future events
to have been correct, but unsuccessfully maintained, and the enemy
shall successfully invade the State; because the Confederate
Government was denied the means of transportation for its defence, a
fearful responsibility will attach to those ho have denied the
means. The possession of the Florida Railroad by the enemy and their
devastations in East Florida may attest the folly and wickedness of
those who were unconsciously influenced by local interests, to
jeopardize the political existence of the State, and involve their
fellow citizens with themselves in scenes of fearful ruin,
degradation and disgrace. |
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I have the honor to be, very respectfully, |
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John Milton |
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Governor of Florida |
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