355 Series I Volume LIII- Serial 111 - Supplements
Page 355 | Chapter LXV. CORRESPONDENCE, ETC. - CONFEDERATE. |
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 meatime, 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 in 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 to 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 Major General 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 intrusted this communication to Mr. C. P. Cooper to insure its delivery.
J. B. D.
[Inclosure Numbers 4.]
TALLAHASSEE, FLA., June 14, 1864.
His Excellency JOHN MILTON,
Governor of Florida:
SIR: Being the bearer of a communication from his Honor James B. Dawkins, judge of the Suwannee circuit of this State, on the subject of
Page 355 | Chapter LXV. CORRESPONDENCE, ETC. - CONFEDERATE. |