NA, SWR 6/4/1863

Florida Railroad Office
Gainesville June 4, 1863
 
His Excy John Milton
Govr of the State of Florida
 
Sir,
   Your communication of May 30 post marked June 2 was received this morning.
   The considerations connected with the subject of your letter are very grave. Excuse me if I prefer to preserve a time in my correspondence comporting with the serious issues of public c??ment 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 securities or 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 executed and tolerated by the public as well as by individuals whose particular interest might be injured. 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 instruments of injustice, by employing the power their public trust confers in promoting the ends of those who urge their action.
   No such proceeding as your letter describes occurred at Gainesville. You have evidently been misinformed. The true version of what transpired upon the occasion was communicated soon after its occurrence to the President of the Pensacola & Georgia R. R. Company in a letter which I supposed, from the circumstances of the time, might have been seen by you.
   The much allusion you make to the idea of patriotic efforts & sacrifices, in which you intimate the Trustee of the Internal Improvement Fund are disposed to write with me, requires some response. I humbly trust I may not be wanting at any time in necessary & dutiful sacrifices & contribution to the great cause in which all citizens are engaged and will gladly write with yourself & other Trustees in liberal & 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 anothers cost.
I have the honor to be
Very Respectfully
D. L. Yulee
Presdt Florida R. R. Co.

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