354 Series I Volume LIII- Serial 111 - Supplements
Page 354 | Chapter LXV. S. C., S. GA., MID. & E. FLA., & WEST. N. C. |
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 whould not be attached for contempt in disobeying the order of said courth, 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 Major General Patton Anderson, commanding in Florida, of which the following is a copy:
HEADQUARTERS MILITARY DISTRICT OF FLORIDA,
Lake City, Fla., June 1, 1864.Honorable 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 to 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 enote 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 Governnever been represented before the court. I have detailed the circumstances to show you how ignorant I was of the sitauation of the case, and as an apology ofr 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 to cunsel 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 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 2nd of June I replied as follows.
GAINESVILLE, FLA., June 2, 1864.
Major General 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 hould 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
Page 354 | Chapter LXV. S. C., S. GA., MID. & E. FLA., & WEST. N. C. |