| Executive Department |
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Tallahassee June 8th 1863 |
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Hon D. L Yulee |
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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 in parts of the Florida R. Road, between Brig Genl 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 R 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 G&P R Road 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 these 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
Genl 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 a 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; & 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 from Fernandina; to
reclaim possession of St John's river; or, to prevent the invasion, if
attempted by ten thousand of the enemy, a less number than that with
which they threaten, appraised as we are of the purposes of the enemy
and their numbers and means of warfare, these matters should claim our
gravest 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 the
forces could be spared from Georgia or 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 number with which they threaten to invade, the
Florida R. Road will be captured and destroyed, or be used by them for
the subjugation of East Florida, and ruinous depredations will be
committed, xxxxxxx. |
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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 Mark's road; to extend
the Pensacola & Georgia R. R. to the Chattahoochee river; and, also to
connect that road with the Albany & Gulf road, 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 R Road, 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 being removed and
used to aid in the accomplishment of the important objects proposed. |
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In a technical sense "The Trustees of the Internal
Improvement Fund and the RR Companies may not have the right to change
or diminish the security of cestnisqui trusts, 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
control of the Courts of the State; and there may be no power existing
in the R. R. 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 power. 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 uses of the Government in the conduct
of the war, why should not iron from rail roads, be impressed, if
needed? Rail Road Companies have no claims paramount to the general
safety; their claims should not be more respected than the right 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 emergencies, 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 power their public trusts
confer 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 favor, 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 R Road, and hence the action of the Executive
Council and of Genl Trapier, for its removal, to prevent the enemy from
the use of the road; to save the iron for the benefit of the
proprietors, and if need be, for the defence of the State. |
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It certainly was, or has been lamentably proved much more
important to the defences of East Florida, to have prevented the enemy
from controlling the St John's 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 John's, and specially to
the citizens of St Augustine & Jacksonville. |
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The enemy with Fernandina, captured nearly all the guns of
value, and munitions of war, which at that 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 R. Road Company, as well as the members of the
Company, provided they are citizens of and loyal to the Confederate
States, unintentional injustice in the remark "But I have not the right
to make myself free with the property of other, nor to seek merit for a
generous patriotism at another cost." By the "another" it is presumed
you mean the Florida R. Road Company, and therefore I would respectfully
invite your attention to the accompanying extract from our records, and
invite your consideration to the means with which the Florida R. R. was
built, and the favor extended to it in a 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 you vainglorious, if as their representative,
you should contribute the iron, and especially at a fair price, for the
defences of the State, unless the Stockholders, 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 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 R Road, 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 R. Road in
Georgia, but Floridians should have too much self and cherish too sacred
a regard for the honor of Florida, to prefer to use for their own
defence iron belonging to a company in a sister State, rather than the
iron of a 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 other, or to
seek merit for a generous patriotism at another cost. |
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The Iron on the parts of the Florida R. Road, which it has
been proposed to use, may be valuable to its owners, and serviceable to
citizens, residing near the road. Should their particular interest ane
the accumulation 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 owner, and to secure to our fellow citizens, permanently the
advantages to be derived from the road. |
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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 from age, physical disability, or t 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 Brig Genl 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 rail
road iron. |
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Permit me to assure you, that I have no pecuniary interest
in any R. Road; no preference for one road ??? than another, except
under the existing circumstances for the public good; no feeling of
unkindness or distrust towards the officer or any citizens of the State
having an interest in any of the rail roads; have always advocated the R
Road 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 to the power and general welfare of the
State. I have suggested and urges the extension of the Pensacola &
Georgia R Road to the Chattahoochee, and its connection with Albany &
Gulf Road, and the use of the iron of parts of the Florida RR, and that
on the St Marks R Road, because I believe my official duty requires me
to do so, as the best means of saving Florida from inroads of the enemy
which would be perhaps more destructive and calamitous, than have been
experienced from the enemies raids in Louisiana, Mississippi and other
States. The apprehensions I have felt, ad 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 owner of the Florida R. Road; on the contrary, I believe
that their interest, as 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 R Road
Company through an agent in England, to procure new iron, and have it
landed at Fernandina, a soon as the cross ties and bed of the road,
would after the cessation of hostilities, be prepared to receive it. |
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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 who have denied the means. The
possession of the Florida R. Road 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 |
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Respectfully |
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John Milton |
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Governor of Florida |
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