| Headquarters Military District of Florida |
| Lake, City, July 5, 1864 |
| |
| Maj. Charles S. Stringfellow |
| Assistant Adjutant-General, Charleston,
S. C. |
| |
| Major, |
| In the execution of
the order which I have received from department headquarters in
regard to taking up the iron, fixtures, &c., from the East
Florida railroads {in this case, the Florida
Railroad}, in conjunction with the officers of the Engineer
Bureau, who have been charged more immediately with that work
conflicts of authority have arisen between the authorities of the
State and Confederate Governments, which, if not judiciously
harmonized, may lead to embarrassments of an unfortunate, if not
very serious, character. I therefore propose to submit a brief
statement of the present situation for the consideration of the
major-general commanding. In March last, when it was supposed by the
friends of and parties interested in the road that the Government
was about to take up the iron for military uses, an injunction was
prayed and obtained from the circuit court of this district, and
served upon Lieutenant Fairbanks and others, who had been directed
to commence the work, restraining them from doing so, &c.
Lieutenant Fairbanks consulted Major Meriwether, of the Engineer
Bureau, under whose orders he was acting, as to the course he should
pursue. The result was that he gave no heed to the process of the
court. About this time I received the order of the major-general
commanding, directing me to give Lieutenant F. all assistance in my
power to take up the iron, &c. Work was commenced. I furnished
the detail for the work and the necessary military guard to protect
the working party, and impressed the engines and flat-cars necessary
for transporting the iron to Live Oak. After some two or three miles
of the iron had been taken up an officer of the court summoned
Lieutenant Fairbanks to appear before the judge at a given day
thereafter, and show cause why he had not obeyed the former process,
or why he was in contempt, &c. This process Lieutenant F.
declined to obey also. Subsequently the sheriff attempted to arrest
Lieutenant Fairbanks and take him before the court, but was
prevented from executing the process through the instrumentality of
a military force which I had placed at Lieutenant Fairbanks'
disposal. The judge (Dawkins) finding it out of his power to enforce
the orders and decrees of the court in the premises submitted a
history of the case to the Governor of the State, and requested that
the power of the State be interposed to uphold the dignity of its
courts, and to enforce their decrees. Judge Dawkins has since
informed me, unofficially, that the Governor had promised him that
his authority, &c., should be upheld. Thus the matter stands. As
I was not made a party to the suit, and as no restraining order had
ever been served upon me, together with the fact that my former
acquaintance with the judge had been of a very pleasant character, I
had unofficial access to him which Lieutenant Fairbanks and others
who were directly parties did not enjoy. After the injunction had
been served upon Lieutenant Fairbanks--which was before I had
received any instructions in the premises--I foresaw difficulties
arising which would result in a conflict of State and Confederate
authority unless steps were taken to avert it. Consequently, when
the second process was served upon him, requiring him to come in and
purge himself of contempt, &c., I did not hesitate to advise him
to do so. |
| From what I knew of Judge
Dawkins' disposition to yield a hearty support to the Confederate
authorities in everything, and of the great necessity--military
necessity--which the Government was under, of having the iron at
once, I did not apprehend any difficulty whatever in the way of his
acquitting himself before the court, and of procuring, upon motion,
a dissolution of the injunction. This advice was given because of
the well-grounded faith I had in the course which the court would
pursue in case a showing was made for a dissolution of the
injunction. Lieutenant Fairbanks at first consented to take the
course I advised, but on referring more particularly to his written
instructions he concluded that he could not enter the courts of the
State without violating his written orders. When the matter was
submitted to the Governor of the State by Judge Dawkins he (the
Governor) immediately sent the attorney-general of the State to my
headquarters for the purpose of conferring on the subject, and
devising, if possible, some means of avoiding a direct conflict as
feared. The Governor also wrote me on the subject, but only in
general terms, leaving the details to be canvassed by Mr. Galbraith,
attorney-general, and myself, in our personal interview. Mr. G.
urged the importance of Lieutenant F. appearing in court, purging
himself of the contempt and moving to dissolve the injunction.
Lieutenant Fairbanks was consulted, and agreed to suspend further
work till he could take legal advice in the matter. I am today in
receipt of a communication from him in which he informs me that upon
consulting Messrs. Yonge & Hogue, attorneys-at-law, he has
concluded not to appear in court, &c. |
| This is a brief summary of
the case as far as I am informed of it. I am still of the opinion
that at any time before the final decree of the court is entered in
the case, if Lieutenant Fairbanks will appear in court, disclaim all
contempt (perhaps suffer a nominal fine for the same), move to
dissolve the injunction, and, in sustaining his motion, make proof
of the great military necessity which exists for taking up the iron,
the court would sustain his motion. I feel confident this would have
been the result before the matter reached its present status. Now,
the legal contempt has been persisted in till perhaps personal
feelings may be more involved than parties themselves may be aware
of. Of course I shall carry out my instructions; that is, I shall
furnish labor and military protection to the working parties who are
taking up the iron. But I have deemed it my duty to give the history
of the matter for the information of the major-general commanding.
It may not be improper to remark in this connection that one lever
which the friends of the road wield potentially in exciting the
people against the action of the Engineer Bureau in this case,
arises out of their constant asseverations that this action is not
approved at Richmond, but is the action alone of subordinate
officers, without the sanction of the President or Secretary of War.
I do not believe the people could be induced to take sides with any
party, class, or corporation who openly refused to acquiesce in any
demands the Government might make upon them; but in this case they
are made to believe that it is not the Government, but interested
officers who are seeking to obtain the iron, as they say, by
despoiling a weak State of her resources to enrich other more
powerful and influential communities. |
| I am, major, very respectfully, your obedient
servant, |
| Patton Anderson |
| Major-General |
| |
|
First indorsement |
| Hdqrs. Dept. of S. Carolina, Georgia, and
Florida |
| July 12, 1864 |
| |
| Respectfully forwarded. |
| I have directed Major-General
Anderson to furnish no force to resist the regularly constituted
State authorities, the force he has heretofore given being intended
to assist Lieutenant Fairbanks in his work and protect him from
interruption by unorganized parties. This matter threatens serious
trouble, and I call especial attention to it. Lieutenant Fairbanks
does not act under my orders. His instructions come, I believe, from
the Engineer Bureau at Richmond. |
| Sam. Jones |
| Major-General |
| |
|
[Second indorsement |
| Adjutant and Inspector General's Office |
| July 21, 1864 |
| |
| Respectfully submitted to the Secretary of
War. |
| H. L. Clay |
| Assistant Adjutant-General |
| |
|
Third indorsement |
| July 23, 1864 |
| |
| To Engineer Bureau |
| |
| You will please confer at once on this
with me. |
| J. A. S. |
| Secretary |
| |
|
Fourth indorsement |
| Engineer Bureau, July 30, 1864 |
| |
| Having conferred with the honorable
Secretary of War in person and sent forward Mr. Howard, attorney, to
attend to the case in the courts of Florida, this paper is
respectfully returned to the War Department. |
| J. F. Gilmer |
| Major-General and Chief of Bureau |
|