| Executive Department |
| Tallahassee, June 30, 1864 |
| |
| Hon. James A. Seddon, Richmond, Va. |
| |
| Sir, |
| *** |
| Your attention is also
respectfully invited to a copy of a correspondence between the Hon.
James B. Dawkins (a circuit judge of the State), Major-General
Anderson, and myself, relative to the impressment of the iron from
parts of the track of the Florida Railroad. With regard to the
propriety and necessity of the removal and appropriation of the iron
from the Florida Railroad, my opinions have undergone no change
since the correspondence occurred between the Hon. David L. Yulee
and myself, which at the time was submitted to your consideration.
Circumstances which have since occurred have but confirmed the
opinion then expressed--that as a military necessity for the defense
of the State the iron should be removed and used to connect the
Pensacola & Georgia Railroad with the Atlantic & Gulf road. But
inasmuch as a grave judicial question has arisen by the authority of
law a proper regard for a co-ordinate department of the State
government makes it very desirable to have the difficulty adjusted
by the judiciary, more especially as I entertain no doubt that an
answer to the injunction, making known to the judge the causes of
the military order, will induce him to dissolve it,. But if he
should not, the supreme court of the State certainly will, and, by a
special term called for the purpose, the matter will be immediately
and finally adjusted without further conflict of authority.
Lieutenant Fairbanks, the impressing officer, believing it to be his
duty to proceed under an absolute order, has disregarded the advice
of Major-General Anderson and myself and has not presented the
matter by counsel to the consideration of the court. From this
action I apprehend unnecessarily serious results. Since the removal
of Brigadier-General Gardner from this military district the command
has devolved by right of seniority upon Col. Caraway Smith, whom I
believe to be utterly disqualified for such a command. He is the
same colonel of cavalry to whose mismanagement or want of ability
the failure to capture the enemy, when routed at the battle of Ocean
Pond, was justly attributed, and for which he was relieved from the
command of his regiment. Not only the capital but the much greater
portion of the wealth of the State is embraced in this military
district, and, exposed as the district is to attacks from the enemy,
it is passing strange that it should be under the command of an
officer not considered fit to command his own regiment and in whose
ability for the position neither citizens nor soldiers have any
confidence. |
| *** |
| I have the honor to be, respectfully, |
| John Milton |
| Governor of Florida |
| |
|
Indorsement |
| July 25, 1864 |
| To Assistant Secretary for conference. |
| Please examine these papers carefully and
advise with me. |
| J. A. S. |
| Secretary |
| |
|
Inclosures No. 1 & 2 |
| *** |
| |
|
Inclosure No. 3 |
| Gainesville, Fla., June 9, 1864 |
| |
| His Excellency John Milton |
| Governor of the State of Florida |
| |
| MY DEAR SIR: I beg leave as
one of the co-ordinate departments of the State government
respectfully to submit to Your Excellency's consideration a state of
facts as they have transpired in my judicial circuit: On the 26th
day of April, 1864, a bill was filed under oath upon the chancery
side of this court in the county of Alachua, within the Suwannee
circuit of Florida, wherein the Florida Railroad was complainant and
Jason M. Fairbanks, J. H. Burns, Minor Meriwether, James A. Seddon,
Secretary of War, and Stephen R. Mallory, Secretary of the Navy,
were defendants, and this court awarded an injunction against the
defendants, their agents, employés, and servants, restraining them
from removing the iron rails, chairs, bolts, and spikes of the
Florida Railroad, which was served by the officer of the law on the
27th day of April, 1864, upon Jason M. Fairbanks and J. H. Burns,
and publication was made according to law against others beyond the
jurisdiction of the court. On the 28th day of May, 1864, it was made
to appear to the court, by affidavit under oath, that the said order
was disregarded, and that some of these defendants were proceeding
to take up and remove the iron chairs, spikes, and bolts. Thereupon
the court issued a rule against them to show cause before the court
on Tuesday, the 31st of May, why they should not be attached for
contempt in disobeying the order of said court, which rule was
served on the 28th day of May, 1864, personally upon Jason M.
Fairbanks and J. H. Burns, two of these defendants. No answer was
made to the rule whatever. On the 1st of June, 1864, I received a
letter from Maj. Gen. Patton Anderson, commanding in Florida, of
which the following is a copy: |
| |
| Headquarters Military District of Florida |
| Lake City, Fla., June 1, 1864 |
| |
| Hon. J. B. Dawkins |
| Gainesville, Fla. |
| |
| DEAR SIR: Not until yesterday
evening did I learn that the Government was without counsel in the
case touching the taking up of iron from the Florida Railroad. At
the time the injunction was first served upon Lieutenant Fairbanks I
advised him to employ counsel, and supposed he had done so. I took
it for granted he had placed the matter in the hands of the C. S.
district attorney. Under this mistaken impression I felt that the
interest of the Government was safe and that I and its officers
would not be made to appear in any other than a proper light before
the court. With a view of ascertaining how the matter stood, I
addressed a note to Mr. Fleming, C. S. district attorney, on the day
before yesterday, asking an interview that I might learn the status
of the case. He was absent at Gainesville when my messenger took the
note to his residence. I supposed he had gone there in behalf of the
Government in this case. He returned yesterday evening, and
surprised me no little by informing me that he was of counsel for
the railroad company, and that the Government as yet had never been
represented before the court. I have detailed the circumstances to
show you how ignorant I was of the situation of the case, and as an
apology for this communication. I learned also from Mr. Fleming that
all the lawyers of this place had already been employed against the
Government in the matter; hence, having no counsel to consult, I
address you in the hope that you will put me in the right way to get
the merits of the case before the court. Is it too late to file a
motion to dissolve the injunction? Upon the hearing of such motion,
I feel satisfied that the Government would be able to show
conclusively the best of reasons why the injunction should be
dissolved. The interest of the Government in this matter has been
intrusted to officers of the Engineer Department, with whom it will
take time for me to confer. I now appear voluntarily, hoping to be
able to be somewhat instrumental in arresting a conflict of
authority which I honestly believe there is no cause for, and with
the hope of placing the Confederate Government in a proper light
(not that of a party in contempt) before the court over which you
preside. With this hope I appeal to you to inform me whether I am
too late in the interposition. If a motion to dissolve would not be
entertained at this stage of the proceeding, would I (in behalf of
the Government) be permitted time to employ and consult counsel,
that if possible the merits of the case may be brought before the
court! I have volunteered to interfere to the extent of addressing
you in this way because I have ascertained to my great surprise that
the Government has not been represented by legal advisers in the
matter. Please let me hear from you on this subject at the earliest
hour convenient. I send this by a staff officer in hopes it may
reach you sooner in that way than by any other. |
| I
am, judge, very respectfully, your obedient servant, |
| Patton Anderson |
| Major-General |
| |
| On the 2d of June I replied as follows: |
| Gainesville, Fla. June 2, 1864 |
| |
| Maj. Gen. Patton Anderson |
| |
| MY
DEAR SIR: Yours of the 1st of June has just been handed me, in
relation to taking up the iron from the Florida Railroad, and permit
me to express my gratification at its tone and temper. A conflict
between the civil and military is at all times to be lamented, but
at this time especially the different departments of the State and
Confederate Governments should harmonize and co-operate together for
the accomplishment of a common purpose. I confess I have been much
surprised at the course of things in this matter, but I hope now the
approaching unpleasantness may be avoided. You inquire, "Is it
too late to file a motion to dissolve the injunction?" It is
not, and I will hear it at any time and give time for the employment
of counsel. In the meantime, however, the order of injunction is
still in existence, and the court expects that it will be obeyed and
respected, and that the parties upon whom rules have been served to
show cause why they should not be attached for contempt shall make
their return in writing. |
| I
am, general, yours, most respectfully, &c., |
| James B. Dawkins |
| Judge |
| |
| Matters remained in this condition until
the 7th of June, when hearing that the order from this court was
being disregarded I addressed the following telegram to
Major-General Anderson, to wit: |
| Gainesville, Fla., June 7, 1864 |
| |
| Major-General Anderson |
| |
| I
am just informed that Lieutenant Fairbanks is proceeding in
violation of the injunction in the railroad case. I had been led to
believe from our correspondence that matters would be suspended, and
hearing nothing from you since, I trust my information is incorrect. |
| James B. Dawkins |
| |
| To which he replied June 8, 1864: |
| I
regret that Lieutenant Fairbanks construes it his duty to proceed
with his instructions and not to pursue the course I advised. I
informed Mr. Yulee and Colonel McLeod of Lieutenant Fairbanks'
determination, and would have written to you but for my sickness. I
write today by mail in explanation. |
| Patton Anderson |
| |
| The court upon this information issued an
attachment against Jason M. Fairbanks and J. H. Burns, whereupon the
sheriff makes the following return: |
| June 8, 1864 |
| |
| Attempted
to serve the within attachment by informing the defendant, Jason M.
Fairbanks, that he was my prisoner at Lake City the 8th day of June,
1864, within the jurisdiction of the court, whereupon said defendant
resisted and refused to be arrested, and read an order from Maj.
Gen. Patton Anderson, addressed to the military under his command,
to protect and defend said defendant from arrest under and by virtue
of any civil process for that purpose, which reading of said order
was in the hearing and addressed to the provost guard, consisting of
several men armed with muskets and bayonets, who peremptorily said
that said Fairbanks should not be arrested, whereupon I was
compelled by this manifestation of force to desist from any further
attempt to enforce the attachment. None of the other defendants were
found. |
| Samuel W. Burnett |
| Special Elisor |
| |
| Thus you will see that the orders
emanating from this court have not only been disregarded, but these
persons have placed themselves in open defiance to its mandates. I
have therefore thought it my duty to appeal to you, as the Chief
Executive of the State, to vindicate the majesty of the law and
"take care that the laws be faithfully executed." |
| I am, your obedient servant, |
| James B. Dawkins |
| Judge
of the Suwannee Circuit of Florida |
| P. S.--I have intrusted this communication
to Mr. C. P. Cooper to insure its delivery. |
| J. B. D. |
| |
|
Inclosure No. 4 |
| Tallahassee, Fla., June 14, 1864 |
| |
| His Excellency John Milton |
| Governor of Florida |
| |
| SIR: Being the bearer of a
communication from his Honor James B. Dawkins, judge of the Suwannee
circuit of this State, on the subject of a contempt manifested
toward the court over which Judge Dawkins presides, by Jason M.
Fairbanks, a lieutenant in the C. S. military service, in a matter
before said court, in which the Florida Railroad Company are
complainants and said Jason M. Fairbanks and others are defendants,
and being also one of the counsel representing said Florida Railroad
Company in said cause, I frankly and without hesitation take the
liberty of saying to Your Excellency that no impediment or obstacle
has ever been intended to be interposed on the part of the
complainants to a speedy disposal of the issues involved in said
controversy, and that an early adjudication of the case is desired
by the complainants. And as counsel aforesaid I pledge myself that
no unnecessary hindrance or delay will be caused by said
complainants to having the matter taken up by appeal or writ of
error to the supreme court of the State at the earliest possible day
after the rendition of any final order or decree of the circuit
court with which said defendants may be dissatisfied, the same
benefits being accorded us if the decision is adverse to the
complainants. |
| I have the honor to be, Your Excellency's
very obedient servant, |
| C. P. Cooper |
| Solicitor for Florida Railroad Company |
| |
|
Inclosure No. 5 |
| Tallahassee, Fla., June 14, 1864 |
| |
| His Excellency John Milton |
| Governor, etc. |
| |
| DEAR SIR: Appreciating the
embarrassing position Your Excellency occupies in consequence of the
unfortunate collision that has occurred between the civil courts of
the State and the military authorities of the Confederate States in
the cause now pending before Judge Dawkins in the Suwannee circuit
court, wherein the Florida Railroad Company is complainant and Jason
Fairbanks et al. are defendants in the cause, I do not
represent the complainant--have refused so to do. My connection with
the cause is to represent the sequestration fund. As C. S. attorney,
under the sequestration act I have sequestrated as belonging to
alien enemies nearly $2,000,000 in stock, and nearly $800,000 in
free land and first mortgage bonds in said Florida Railroad Company.
I have been endeavoring to protect this fund, and felt that it could
be properly done before Judge Dawkins' court, a tribunal in which he
had but recently decided the impressment act to be constitutional. I
united in the motion for a rule on Mr. Fairbanks to show cause why
he should not be put in contempt for disobeying the injunction, and
also in the motion for an attachment against him when he persisted
in disobeying the mandate of the court. Should Lieutenant Fairbanks
answer and purge himself of the contempt, I will exert whatever
influence I possess to have the cause speedily tried in the circuit
court, and will agree with defendants' counsel to have the cause
tried without delay at an extra term of the supreme court to be
called for that purpose, and in the meantime will take no action
against Lieutenant Fairbanks in the C. S. court before the first
Tuesday in July for the intermeddling with sequestrated property. |
| Yours, truly, |
| James Banks |
| C. S. Attorney |
| |
|
Inclosure No. 6 |
| Executive Department |
| Tallahassee, June 14, 1864 |
| |
| Hon. James B. Dawkins |
| Judge
of the Suwannee Circuit, Gainesville |
| |
| DEAR SIR: Your communication
of the 9th instant has been handed to me by Charles Cooper, esq. I
regret extremely the conflict of authority which has occurred, and
while I concur in opinion with the Confederate authorities as to the
existing military necessity for a removal of the iron from parts of
the Florida road and its appropriation in connecting the Pensacola
and Georgia Railroad with the Atlantic and Gulf Railroad in Georgia,
yet my judgment does not approve of the utter disregard of the
judicial authority of the State. Believing yourself to have had
jurisdiction in the premises, upon the application of the parties in
interest you could not properly have refused the injunction. It
seems to me that there is no good reason why the agents of the
Confederate Government did not move upon sufficient causes, if any
existed, to have the injunction dissolved. I shall submit a copy of
your communication to the President of the Confederate States and to
Major-General Anderson, and as the Executive of the State demand the
proper respect due to your authority. It is possible that counsel
could not be employed to move for the dissolution of the injunction,
and an urgent necessity existed in the judgment of the military
authorities which would admit of no delay; but whatever the causes
may be, I will demand that they shall be respectfully submitted to
your consideration, and will extend the support due from the
Executive to the judiciary of the State, and to the utmost of my
ability consistent with the safety of the State. In the present
unhappy condition of the country nothing can justify a conflict
between the State and the Confederate Government but an absolute
necessity for the protection of civil liberty as intended to be
secured by the constitution of the State and of the Confederate
States. |
| I have the honor to be, very respectfully, |
| James Milton |
| Governor of Florida |
| |
|
Inclosure No. 7 |
| Executive Department |
| Tallahassee, June 14, 1864 |
| |
| Maj. Gen. Patton Anderson |
| Headquarters,
Lake City |
| |
| GENERAL: I submit
respectfully to your consideration copies of a correspondence which
will be handed to you by the Hon. John B. Galbraith,
attorney-general of the State, between the Hon. James B. Dawkins,
the presiding judge of the Suwannee circuit in this State, and
myself, relative to the impressment of the iron on the Florida
Railroad, and also copies of letters addressed to me by James Banks
and Charles Cooper, esqs., attorneys, who represent the parties
interested. I regret extremely that this conflict of authority
should occur, especially at tills time, and desiring, if it be
possible, by any means, that this difference may be adjusted
speedily and amicably, I address you for the purpose of requesting
that you will exercise whatever authority and discretion you may
have to that end. I am informed that there is no disposition on the
part of those interested for the Florida Railroad to produce any
unnecessary delay in the adjudication of the questions arising
between the Confederate Government and the Florida Railroad, and
that the interests of the Government cannot suffer by a proper
respect to the laws of the land. You are aware that it is my duty to
see that the laws of the State are executed. I greatly desire, under
the peculiar circumstances, that this may be done quietly and
efficiently, and I apply to you, as the highest Confederate military
authority in the State, to render such assistance as you can in
maintaining the law. Mr. Galbraith, the attorney-general of the
State, is fully possessed of my views in regard to this controversy,
and will communicate with you frankly upon the subject. |
| Very respectfully, |
| John Milton |
| Governor of Florida |
| |
|
Inclosure No. 8 |
| Executive Department |
| Tallahassee, June 14, 1864 |
| |
| Major-General
Anderson |
| Lake City |
| |
| GENERAL: I have officially
invited your attention to a correspondence between Judge Dawkins and
myself, relative to the proceedings in chancery upon the application
of the Florida Railroad Company to enjoin the removal of the track
of parts of the road. I have much reason for entertaining the
opinion that if a motion shall be submitted to dissolve the
injunction, if properly maintained in argument, that the injunction
will be dissolved. In fact, I have no doubt of the success of such a
motion, and when informed by Lieut. J. Fairbanks that a writ of
injunction had been granted, advised him to employ counsel and have
an effort made to dissolve the injunction. I presume that he found
it troublesome to procure an attorney or solicitor in East Florida.
You were mistaken in supposing Mr. Fleming the C. S. solicitor; Col.
C. C. Yonge of this place is. I have to-day had a conversation with
him and D. P. Hogue, esq., who was consulted by Major Meriwether
while here upon the subject, and these gentlemen will, upon your
application, proceed immediately to see and submit to Judge Dawkins
a motion to dissolve the injunction, and will sustain it, and I
would respectfully advise this course to prevent, or rather remedy,
the conflict of authority between the civil and military authorities
of the State and Confederate Government, which at this particular
crisis in the history of the Confederate States might prove very
detrimental to their general welfare. The occasion would be
certainly seized upon with avidity by the opponents of President
Davis' administration, and handled to increase the excitement and
opposition already existing in Georgia and North Carolina, with
which I presume you are familiar, and to encourage and sustain which
Mr. Toombs has recently published a letter to Governor Brown
calculated to do mischief, provided he has not forfeited the public
confidence, which I think is probable. In the progress of this
revolution Florida has acted well her part, and it would be
extremely unfortunate at this particular juncture of affairs if a
controversy should occur within her borders between the civil and
military authorities in despite of the constitution of the State and
of the Confederate States, and the anxiety and purpose of her loyal
and gallant people to sustain the President in his patriotic and
able administration of the Government of the Confederate States. |
| I am, respectfully, yours, &c. |
| John Milton |
| |
|
Inclosure No. 9 |
| Lake City, Fla., June 15, 1864 |
| |
| His
Excellency John Milton |
| Governor
of Florida, Tallahassee |
| |
| I am this moment in receipt
of your several communications covering copies of letters from Judge
Dawkins to yourself and your reply thereto on the subject of the
unfortunate conflict of authority about to arise between the
officers and agents of the Confederate Government and those of the
State of Florida, growing out of the taking up of the iron from the
Florida Railroad by the former. I regret exceedingly that there
should be even any appearance of conflict between the State and
Confederate Governments at this time, and assure you I shall use my
utmost power consistent with the orders and instructions I may have
or receive from superior authority to arrest so deplorable an event.
I concur with you entirely in the belief that when the facts are all
before the State court the matter can be adjusted without infringing
at all upon its dignity or disregarding its orders. Under this
belief and with this hope I have written to Col. C. C. Yonge, C. S.
attorney, requesting him to appear in the case and represent
Lieutenant Fairbanks and myself, that we may not appear in a false
light by suffering a default to be entered. In this connection I beg
leave to call your attention to a copy of the order which the
sheriff refers to in his return to the process of attachment issued
and attempted to be executed upon Lieutenant Fairbanks. You will see
by its terms that the sheriff has misapprehended them and its whole
tenor. So far from disregarding the authority-legitimate authority
of the State--it invokes its aid and sustains Lieutenant Fairbanks
in the legitimate discharge of his duties against vexatious
intermeddlers or those pretending to have authority to thwart him. |
| Headquarters Military District of Florida |
| Lake
City, May 24, 1864 |
| |
| Officers
and others throughout this district acting under military authority
will furnish Lieut. J. M. Fairbanks, Engineer Bureau, every facility
for expeditious travel throughout the district and within our
military lines. Being engaged in a most important work, having for
its object the defense and protection of this portion of the
Confederacy, no impediment must be thrown in the way of his success.
He must he forwarded and assisted in every legitimate way that may
be in the military power, and if necessary must be protected from
arrest or interference by any one, in the proper discharge of his
duties. The work he is engaged on is a military necessity, which
cannot be omitted without disastrous consequences to the cause in
general and to the people of Florida in particular. It is therefore
hoped that the civil authorities of the State will heartily
co-operate with Lieutenant Fairbanks, and will not permit themselves
to be made the instruments of impeding or delaying him in this
important work. |
| Patton Anderson |
| Major-General |
| Commanding |
| |
| Pledging you my cordial and
sincere support in every attempt to avert any disagreeable conflict
between the civil or military authorities of the State and
Confederate Governments, and thanking you for the hearty
co-operation which you have at all times given me in the
administration of the military affairs of the district, |
| I am, Governor, very respectfully, your
obedient servant, |
| Patton Anderson |
| Major-General |
|