FA, F 6/4/1863

Florida Rail Road Office
Gainesville, June 4, 1863
 
His Excellency, John Milton
Gov. of the State of Florida
 

Sir,

   Your communication of May 30th, post marked June 2d was received this morning.

   The considerations connected with the subject of your letter are very grave. Excuse me if I prefer to preserve a tone in my correspondence comporting with the serious issue of public concernment it involves, and with its official character.
   I am not aware of any authority vested in the Trustees of the Internal Improvement Fund, any more than in this company, to diminish or change the security of cestuis qui trusts, or to deal with the Trust Fund, or the rights of the State or of the creditors of the fund, any otherwise than other ordinary trustees might under the direction and control of the Courts of the State. I am also unaware of any power existing in this company, or in the Executive branch of Government, to authorize or permit the destruction of a public way. There are circumstances, truly, under which extreme measures, in dealing with extreme and sudden emergencies, would be promptly excused and tolerated by the public as well as by individuals, whose particular interests might be injuried. But, you will agree with me, 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 instrument of injustice, by employing the powers their public trust confers, in promoting the ends of those who urge their action.
   No such proceedings as you letter describes occurred at Gainesville. You have evidently been missinformed. The true version of what transpired upon the occasion was communicated soon after its occurrence to the President of the Pensacola & Georgia Rail Road Company, in a letter which I supposed, from the circumstances of the time, might have been seen by you.
   The much illusion you make to the idea of patriotic efforts and sacrifices, in which you intimate the Trustees of the Internal Improvement Fund are disposed to unite with me, requires some response. I humbly trust I may 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 gallantly unite with yourself and other Trustees in liberal and patriotic devotion of our own means. 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.
I have the honor to be, very respectfully,
D. L. Yulee
President Florida Rail Road Co.

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