the way of his acquitting himself before the court, and of procuring, upon motion, a dissolutin 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. Galbratih, attorney-general, and myself, in our personal interview. Mr. G. urged the importance of Lieutenant F. appearing in court, purging himself of the econtempt 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 to-day 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 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 appoved at Richmond, but is the action alone of subordinate officers, without the sanction of the President of 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 Govoernment 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, be 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