FA, F 3/5/1863

Head Quarters U. S. Forces
Fernandina, Fla. March 5, 1863
 
Lt Col. C. G. Halpine
A. A. Gen. 10th A. C.
 
Colonel,
   I beg leave to submit the following facts to the consideration of the Major General Commanding.
   The Florida R. R. Co. (Fernandina to Cedar Keys) has had, lying about the Station at this place, a large quantity of old and ne car wheels and axles, old brass and copper, ruins of locomotives and cars &c. Judge Latta, Provost Marshall of Florida, has sold for $500, a large quantity of this material to Mr C. L. Robinson, a loyal man, formerly resident in Jacksonville, who resides here as Florida claim agent," and one cargo, worth several thousand dollars, has been shipped to New York via Port Royal.
   Judge Latta, it is true, is an able lawyer, and it is said has obtained the approval of Brig. Genl Saxton, but the matter is not quite clear to me. Perhaps I ought to be satisfied that I am not in any way responsible, but as it is my general duty to protect the property of loyal citizens, I should prefer either to receive definite orders from my direct superior offices or be clearly convinced that Judge Latta is right.
   The Rail Road Corporation, as such cannot be preceeded against for disloyalty. If there ae disloyal stockholder, their shares can be confiscated and sold. That is the way to confiscate the rail road, it seems to me, and not by seizing loose property of the Corporation and disposing of it at private sale, in advance of any legal proceedings whatever. If all the stock and bond holders were rebels, the practical difference would be less, but I am assured on good authority that three fourth of them are loyal. A loyal man, Michael Phelan, residing here, owns bonds nominally worth $127,000. Marshall O. Roberts of New York is said to have a million similarly invested. All this material is, as usual, I suppose, mortgaged to them. They may well object to this conversion of private property to public uses without compensation, especially as it is not to meet any direct military or other necessity.
   They, should any thing practical result from Mr Eli Thayer's schemes, or should the entire state be otherwise taken and held, it might be extremely desireable to open this road through to Cedar Keys. In that case, would it not be the natural course to let the loyal stockholders resume its management and the stock of rebels pass into loyal hands through confiscation? Should that happen, much of this material might be needed for immediate use. Neither Judge Latta nor myself is qualified to discriminate and say what may or may not just as well be sent to New York, (though I have directed my mechanics to retain all that they may possibly need for our single locomotive and three or four mies of track) and certainly the purchaser is not the man to select, as he desires to get, under the denomination of refuse old iron, as much value as possible.
   There is another view to take of it. The loyal stock and bond holders will certainly ask the Government to reimburse them for whatever has been so appropriated, and the Government would be bound to pay the real value of the material here, which is doubtless very much more than the sum given by Mr Robinson, who expects to pay all charges and then make a profit by a sale at a still reduced rate in New York. The Government is not likely to make a profitable speculation of it. Furthermore, these claimants, having a small foothold for besieging the Treasury, would be sure to enlarge it, and charge upon the United States agent or officers as much as possible of the devastations committed by the rebels. I am not at all sure that Judge Latta is right in then selling and removing this property, in advance of any judicial action, and to avoid the slightest danger of censure in future for not having objected to it, I prefer to ask a word from the Major General.
   Ought I to permit the shipment of this property to continue? I have stopped it for the present, Judge Latta is absent.
I have the honor to be
Very Respectfully
Your Obedient Servent
Jos. R. Hawley
Col 7th C. V.
Comdg Post
 
(Endorsed)
Lt Col Hall, P. M. G.
   Please have immediate inquiries made as to whether the property within referred to be now in Port Royal Harbor, possibly on board the "Boston" If so, or whether it can be found, seize it. The Maj Genl. Com. begs that you use your utmost diligence in the matter
C. G. Halpine
A. A. Genl
10th A. C.
March 14, 1863

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