Today in History:

356 Series I Volume LIII- Serial 111 - Supplements

Page 356 Chapter LXV. S. C., S. GA., MID. & E. FLA., & WEST. N. C.

a contempt manifested toward the court over which Judge Dawkins presides, by Jason M. Fairbanks, a lieutenant in the C. S. military service, in a matter before said court, in which the Florida Railroad Company are complainants and said Jason M. Fairbanks and others are defendants, and being also one of the counsel representing said Florida Railroad Company in said cause, I frankly and without hesitation take the liberty of saying to Your Excellency that no impediment or obstacle has ever been intended to be interposed on the part of the complainants to a speedy disposal of the issues involvedin said controversy, and that an early adjudication of the case is desired by the complainants. And as counsel aforesaid I pledge myself that no unnecessary hindrance or delay will be cuased by said complainants to having the matter taken up by appeal or writ of error to the supreme court of the State at the earliest possible day after the rendition of any final order or decree of the circuit court with which said defendants may be dissatisfied, the same benefits being accorded us if the decision is adverse to the complainants.

I have the honor to be, Your Excellency's very obedient servant,

C. P. COOPER,

Solicitor for Florida Railroad Company.

[Inclosure Numbers 5.]

TALLAHASSEE, June 14, 1864.

His Excellency JOHN MILTON,

Governor, &c.:

DEAR SIR: Appreciating the embarrassing position Your Excellency occupies in consequence of the unfortunate collision that has occured between the civil courts of the State and the military authorities of the Confederate States in the cause now pending befor eJudge Dawkins in the Suwannee circuit court, wherein the Florida Railroad Company is complainant and Jason FAirbanks et al. are defendants in the cause, I do not represent the complaint-have refused so to do. My connection with the cause is to represent the sequestration fund. As C. S. attorney, under the sequestration act I have sequestrated as belonging to alien enemies nearly $2,000,000 in stock, and nearly $800,000 in free land and first mortgage bonds in said Florida Railroad Company. I have been endeavoring to protect this fund, and felt that it could be properly done before Judge Dawkins' court, a tribunal in which he had but recently decided the eimpressment act to be constitutional. I united in the motion for a rule on Mr. Fairbanks to show cause why he should not be put in contempt for disobeying the injunction, and also in the motion for an attachment against him when he persisted in disobeying the mandate of the court. Should Lieutenant Fairbanks answer and purge himself of the contempt, I will exert whatever influence I posses to have the cause speedily tried in the circuit court, and will agree with defendants' counsel to have the cause tried without delay at an extra term of the supreme court to be called for that purpose, and in the meantime will take no action against Lieutenant Fairbanks in the C. S. court before the first Tuesday in July for the intermeddling with swquestrated property.

Yours, truly,

JAMES BANKS,

C. S. Attorney.


Page 356 Chapter LXV. S. C., S. GA., MID. & E. FLA., & WEST. N. C.