| 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 to-day 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 been intrusted this
communication to Mr. C. P. Cooper to insure its delivery. |
| J. B. D. |
|