FHS, FL 7/10/1863

Executive Department
Tallahassee July 10th 1863
 
Hon D. L. Yulee
 
Sir,
   Your letter of the 19th of June acknowledging the receipt of one from me dated the 8th came by due course of mail, but intervening circumstances have prevented a reply.
   In the commencement of your letter you have stated "I do not perceive any probable utility in an extended correspondence upon the subject to which it relates, nor in a discusive controversy." If you had concluded your letter with this sentence, I should have been indebted to your kindness and courtesy for the commencement and conclusion of an interesting correspondence. But you added "it is sufficiently evident that you are desirous to effect the destruction of a considerable part of the track of this road and the transfer of the iron to the use of the connections in Middle Florida and Georgia." This assertion was gratuitous and unauthorized. One of the principal objects I have had in view has been to prevent the road from being captured and used or destroyed by the enemy; and partially to accomplish this object have advised the iron from parts of the track to be removed by Confederate Authority for the defence of the State and upon conditions which would insure the future use of the road. I am not conscious of ever having desired or expressed what might have been reasonably considered a desire to destroy any part of the track. The late Secretary of War, the Hon. G. W. Randolph believed from representatives which had been made to him "that the line of Railroad connecting Cedar Keys and Fernandina was comparatively useless to the Confederacy, in consequence of both termini of the roads being in possession of the enemy" and that the iron & Telegraph wire should be removed. In a letter dated at Richmond April 3rd 1862 and addressed to me, he stated," under these circumstances I should be pleased to receive your views of the expedience of removing the Iron and Telegraph Wire, and if you concur with me in opinion I will direct the General commanding in Florida to have the rails and wire removed." In reply to Mr Randolph I submitted to his consideration the information I had received upon the subject from gentlemen residing in East Florida whom I supposed to be interested in, and friendly to the prosperity of the road.
   Until the receipt of your letter of the 19th ultimo, I was apprized that "the project has all the while, during the provisional government and since been urged at Richmond by the interests particularly concerned, with remarkable perseverance and energy, the Legislative Department of the Confederacy has positively refused to regard the Florida connection as a military necessity; and that the Confederate Executive has with equal persistency refused to recommend it."
   Controversies have occurred since the commencement of the War relative to Railroad iron and Telegraphic Wire, the results of which have seemed to me more worthy of consideration. I am informed the the Confederate authorities desired to remove and use or reserve for use, the iron on the Railroads which connected Petersburg with Norfolk; and Weldon with Portsmouth. The proprietors of the roads objected, the Government yielded to their objections, and the enemy captured and removed the iron.
   The Confederate Authorities, without a special act of Congress to authorize it, decided the removal of the iron (a distance of thirty eight miles) from the Alabama & Florida Railroad which connected Pensacola in West Florida, with Montgomery and intermediate places, and its use for the defence of Mobile Ala, to be a Military necessity.
   The President of the road objected; the Senators and Representatives of this State in the Congress of the Confederate States protested, and I was appealed to as the Governor of the State and citizen of West Florida, not only to protest, but if necessary to prevent the removal and use of the iron, to interpose State Authority. I did not feel at liberty to interfere, First, Because Florida had entrusted the Confederate government with the conduct of the war, and by an ordinance of the State in convention as well as by an act of the General Assembly of the State, the faith and honor of Florida was solemnly pledged to sustain the Confederate Government "to the utmost of her resources." Secondly, Because, that under the circumstances the Confederate Government had the Exclusive right to decide upon military necessities. Thirdly, Because the iron was liable to be captured and taken off or destroyed by the enemy, to the irreparable injury of the Alabama & Florida Railroad Company and of the State; and I was satisfactorily assured, as I am relative to the iron on the parts of the Florida railroad, that the iron would be removed and used upon equitable terms which would save the State and the Alabama & Florida Railroad Company from ultimate loss. The iron was removed, the Confederate Government agreed to pay a fair price for it, or upon the cessation of hostilities, (or before if it could be done consistently with the public interests) to replace the iron, or other suitable iron on the road. I have been recently informed, that the parties in interest who opposed the removal and use of the iron, now approve that the action of the Confederate Government, and rejoice in their security against the danger to which the rod was exposed, and the certainty of its future reconstruction and utility.
   When Brig Genl Joseph Finegan commanded the military Department composed of Middle, East and a part of West Florida, be believed it a military necessity to remove the wire from the Telegraph wire which had connected Meridian and Tallahassee with Apalachicola, and to appropriate it in the establishment of a telegraph line between Tallahassee and Lake City. Upon General Finegans recommendation and my approval the Secretary of War ordered the wire to be removed and it was used to establish the telegraphic connection which now exists between Lake City and this place.
   The wire at the time of its removal could have been made useful in keeping up communications between Tallahassee (the head quarters of the general), Marianna and Military posts on the Chattahoochee river, and should probably have been used for the purpose, but the opinion seemed reasonably to be entertained that a Telegraph line connecting Tallahassee with Lake City would be more useful for the defence of the State generally, and therefore the removal and use of the wire from Marianna to Apalachicola were not opposed.
   The loss of the wire to West Florida was felt at the time to be a grievance. The injury of that portion of the State is becoming more apparent and will be seriously experienced when Confederate forces shall again occupy Apalachicola or its citizens can return there in safety. But I am not appraized that any citizen of Wet Florida has so to expressed the opinion that Genl Finegan was influenced by a desire to injury West Florida for the benefit of Middle & East Florida, altho the owner of the wire and the citizens regretted the supposed necessity for its removal and appropriation.
   To Florida, not to West Florida, East Florida, Middle Florida, or South Florida, but to the State of Florida, citizens owe their allegiance and should not permit themselves to be influenced by sectional prejudices or selfishness to forget their allegiance and the obligations it impasses for the maintenance of the general welfare, peace and dignity of the State.
   But to return to the Florida railroad. My attention was more recently invited to the exposed and comparatively useless condition of parts of the track alluded to and the important uses to which it might be applied, in securing the means of transporting troops if they would be needed for the defence of the State, as well as for the transportation of subsistence to aid in the support of the armies in Confederate service, and to complete a gunboat intended for service on the coast of Florida. Your attention as President of the Florida Railroad was respectfully invited to the consideration of the subject. My views have been frankly made known to you and it is deemed unnecessary to recapitulate them. But permit me to enquire, if future events shall prove their correctness and the enemy shall capture the road, remove the iron and destroy the track, if the Florida Railroad Company has the ability to rebuild it or refund the money which the State has advanced or could with reasonable confidence appeal to the State to lend its credit, for the re-connection of the road?
   In view of the amount of stock owned by the State, it seems to me that the Trustees of the Internal Improvement fund are excusable for feeling some anxiety for the safety of the iron and the ultimate and permanent utility of the road.
   I do not concur in the opinion expressed by you "That the general cause and the proper defence of East Florida and advantage of the State will be best served by preserving and holding the military base which the Florida Railroad furnishes to the Peninsula." I can not perceive under existing circumstances, how it can be reasonably considered at all as a military base, nor how the portions of the track from which it has been proposed to remove the iron, can be indispensable for defence, or be prevented from falling into the hands of the enemy if they shall attempt to capture it. The number of troops in East Florida are insufficient to defend that portion of the State against the invasion threatened by the enemy via the St John's river and St Augustine if they shall attempt it with half the forces they have been reported as marshalling for the purpose. Should the enemy invade East Florida with the forces at their command divided and brought in simultaneously from the Atlantic and the Gulf, may they not drive off or capture the forces under General Finegan's command and use the Florida railroad to submit their forces, maintain positions of their own selection and take off the persons and property of the citizens. They are well acquainted with the topography, the advantages and disadvantages, of that portion of the State. But gentlemen when education and experience have qualified for military service have frequently differed in opinion, both as to the most available means of attack and defence; and therefore our differences in opinion may be excused. Pardon me if I have more confidence in my opinions than yours. First, Because I have no personal interest to bias unconsciously my judgment. Secondly, Because official duty has required more of my attention to the defences of the State and official position afforded greater facilities for information relative to them, and the resources of the Confederate Government. Thirdly, because disasters have occurred in East Florida, as predicted by me that they would occur, when those who agree with you thought differently and advised measures of defence which were adopted against my judgment, as made known to the Secretary of War. Fourthly and chiefly, Because all officers of military experience and distinguished character with whom I have conferred or corresponded, concur with me in opinion relative to the means necessary for the defence of the State. But I sincerely hope that the apprehension which I entertain for the safety of East Florida may be without sufficient causes to justify them, and that therefore the citizens of that portion of the State generally, may not be subjected to the bitter calamities which have been inflicted by the enemy upon the citizens of Fernandina, St Augustine, Jacksonville, and citizens residing in the vicinity of St John's river. But with these important parts of East Florida subjected to the will of the enemy; and so many of our worthy fellow citizens refugees and subjects of charity, I am utterly amazed at the apparent security which citizens in other parts of East Florida seem to enjoy, and especially when I consider their claims to intelligence, superior wisdom and foresight.
   When I reflect upon the controverses in the Congress of the United States which preceded and related to the threatened secession of the Southern States, when I consider the grave national reasons which were then and there assigned why Florida especially was necessary under the same government with the Northern and Western States, to their commerce, national importance and national security and remember the solemnly arrived purpose of the most able, least fanatical and most conservative statesmen of the North and West "to keep Florida in the Union at every hazard and sacrifice of men and money," when I know St Augustine, Fernandina, Jacksonville, the St John's river, Apalachicola, Pensacola and Milton, to have been occupied by the forces of the enemy; to be now subject o their will, and that the entire coast of the State is under their command, When I reflect upon the feeble condition of Florida compared with the powerful states of Virginia, North Carolina; South Carolina, Mississippi, Tennessee, Arkansas and Missouri, When I read of the wanton destruction of property and the cruel outrages of the enemy in these states, When I occasionally meet with the citizens of these States, who were brave, intelligent and social but now homeless and penniless wanderers and listen to the recital of their calamities, and while no reasonable calculation can be made when the war being waged for our destruction will be terminated, I confess, that I am sadly humiliated by the senseless or treacherous jargon of conflicting local interests in the State, and by the groveling, debasing and shameless desire manifested for the accumulation of wealth, regardless of personal harm and the general welfare.
   The soil of Florida will be drenched by the blood of her citizens or disgraced by their degradation, unless they shall be aroused from a false sense of security, to make with concert of action and heroic purpose, timely preparations for the defence of their right.
   I know no man in Florida under more obligations than yourself, to rise superior to personal considerations and local interests, for the defence and rescue of the State from the threatened and impending dangers.
   The political honor you have enjoyed, the rail road iron now needed for the defence of the State and to which you cling with professional and instinctive pertinacity, were not derived exclusively from East Florida. You are indebted to the State of Florida for the proud positions which were conferred upon you and to the credit of the State for the iron now required for its defence. Should you not therefore exert the ability you may possess, to arouse the good people of East Florida to a sense of their danger; to advise them to organize into military bodies, under the late requisition of the President, for the defence of the State; to rely with generous confidence upon the better informed judgment of officers to whom the defences of the State, by the constitutions and laws of the State and of the Confederate States have been confided, and who are best qualified to decide upon military necessities; to abandon all idea of appeals to the civil authority to impede by all forms of law and technicalities in pleading, the preparations necessary to be made promptly for the defence of the State, rather than encourage sectional strife and riotous conduct, not creditable to the parties engaged and disreputable to the State.
   You are laboring under a misapprehension when you made the assertion that the people of East Florida "knew that their own State has by law at its last session, prohibited the removal of any iron now laid upon the public roads." There was no law enacted upon the subject, but a resolution passed simply expressive of the opinion of the General Assembly, and about the same time another resolution was passed pledging Florida to the support of the war. Enclosed you will find copies of the Resolutions.
   It is not to be presumed that the General Assembly of Florida  considered railroad iron more sacred than the lives of their fellow citizens whom they represented; or that it was more important to accomplish the commercial purposes of individuals, than to use it as an auxiliary to men and muskets in the conduct of the war; or that they desired (even if under any circumstances they would have claimed the right) to control the action of the Confederate Government; or to have ignored important provisions of the Constitution intended to invest the Executive of the State with the power necessary to its defence.
   I have just received a letter from Genl Beauregard, a copy of which is herewith submitted for your consideration.
   Your attention has been invited to the subject as a matter of courtesy, and not because the opinion was entertained, that your concession to the removal of the iron was necessary, except to avoid unpleasant litigation. The State claims to own the majority of the stock in the road, exclusive of that belonging to alien enemies; "the Trustees of the Internal Improvement fund" are alone authorized to represent the interests of the State; the authority exists to remove the iron by civil process, and to execute the process, sufficient force can be promptly commanded if a resort to force should be at all necessary. But I am not inclined to exercise State Authority in the premises, while I believe it to be the duty of the Confederate Government (with or without your consent) to promptly remove the iron from the parts of the track alluded to, for the proper defence of the State and in despite of any opposition which may be attempted.
   From its removal no permanent injury can result; the rights of the State may be preserved; and the iron at a suitable time be restored to the road.
   With these remarks I conclude a correspondence from which you can "perceive no probable utility."
I have the honor to be
Respectfully
John Milton
Govt of Florida
 
The copies of the Resolutions enclosed were
Resolution No 17, Page 70
          "       No 34, Page 79 -- Acts 1 sess. 12th Gen Ass.

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