Augustus Emmet Maxwell (September 21, 1820 – May 5, 1903) was an American lawyer and politician. Maxwell served in a number of political positions in the
State of Florida
Florida is a U.S. state, state located in the Southeastern United States, Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia (U.S. state), Geo ...
including as one of Florida's Senators to the
Confederate States Congress
The Confederate States Congress was both the provisional and permanent legislative assembly of the Confederate States of America that existed from 1861 to 1865. Its actions were for the most part concerned with measures to establish a new nat ...
,
Florida Secretary of State
The Secretary of State of Florida is an executive officer of the state government of the U.S. state of Florida, established since the original 1838 state constitution. Like the corresponding officials in other states, the original charge of the ...
, and as Chief Justice of the
Florida Supreme Court
The Supreme Court of Florida is the highest court in the U.S. state of Florida. It consists of seven members: the chief justice and six justices. Six members are chosen from six districts around the state to foster geographic diversity, and one ...
.
Early life and education
Maxwell was born in
Elberton, Georgia
Elberton is the largest city in Elbert County, Georgia, United States. The population was 4,653 at the 2010 census. The city is the county seat of Elbert County.
History
Settled in the 1780s, Elbert was designated seat of the newly formed Elber ...
, on September 21, 1820. In 1822, his family moved to
Greene County, Alabama
Greene County is a county located in the west central portion of the U.S. state of Alabama. As of the 2020 census, the population was 7,730, the least populous county in Alabama. Its county seat is Eutaw. It was named in honor of Revolutionar ...
, where Maxwell would attend private school.
Maxwell studied law at the
University of Virginia
The University of Virginia (UVA) is a Public university#United States, public research university in Charlottesville, Virginia. Founded in 1819 by Thomas Jefferson, the university is ranked among the top academic institutions in the United S ...
, graduating in 1841 and was admitted into the
Alabama State Bar
The Alabama State Bar is the integrated (mandatory) bar association of the U.S. state of Alabama.
The Alabama State Bar was established in 1923 and is governed by th1975 Alabama Code, Title 34, Chapter 3
It is the "licensing and regulatory a ...
in 1843. After practicing private law in
Eutaw, Alabama
Eutaw ( ) is a city in and the county seat
A county seat is an administrative center, seat of government, or capital city of a county or civil parish. The term is in use in Canada, China, Hungary, Romania, Taiwan, and the United States. The e ...
, he moved to
Tallahassee, Florida
Tallahassee ( ) is the capital city of the U.S. state of Florida. It is the county seat and only incorporated municipality in Leon County, Florida, Leon County. Tallahassee became the capital of Florida, then the Florida Territory, in 1824. In ...
in 1845.
Political career
Not long after arriving in Florida, Maxwell served as the second
Florida Attorney General
The Florida attorney general is an elected cabinet official in the U.S. state of Florida. The attorney general serves as the chief legal officer of the state and is head of the Florida Department of Legal Affairs.
The office is one of Florida's t ...
from 1846 until 1847. A
Democrat
Democrat, Democrats, or Democratic may refer to:
Politics
*A proponent of democracy, or democratic government; a form of government involving rule by the people.
*A member of a Democratic Party:
**Democratic Party (United States) (D)
**Democratic ...
, he was then served in the
Florida House of Representatives
The Florida House of Representatives is the lower house of the Florida Legislature, the state legislature of the U.S. state of Florida, the Florida Senate being the upper house. Article III, Section 1 of the Constitution of Florida, adopted ...
from 1847 until 1848, when he resigned to become the second
Florida Secretary of State
The Secretary of State of Florida is an executive officer of the state government of the U.S. state of Florida, established since the original 1838 state constitution. Like the corresponding officials in other states, the original charge of the ...
, a position he held until 1849. Later in 1849, Maxwell was elected to the
Florida Senate
The Florida Senate is the upper house of the Florida Legislature, the state legislature of the U.S. state of Florida, the Florida House of Representatives being the lower house. Article III, Section 1 of the Constitution of Florida, adopted ...
, but would soon resign a year later.
Maxwell, however, had developed a reputation in the state for his work on
legislative committees, and, as a result, he was elected to the
U.S. House of Representatives
The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the lower chamber of the United States Congress, with the Senate being the upper chamber. Together they ...
, representing
Florida's at-large congressional district. He served in
Congress
A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of a ...
for two terms, opting not to run for re-election in 1856.
After his retirement from Congress, Maxwell moved to
Pensacola, Florida
Pensacola () is the westernmost city in the Florida Panhandle, and the county seat and only incorporated city of Escambia County, Florida, United States. As of the 2020 United States census, the population was 54,312. Pensacola is the principal ...
, where he served as President of the Alabama and Florida Railroad.
American Civil War
On January 10, 1861, the State of Florida voted to
secede from the Union, becoming the third state to do so, following
South Carolina
)''Animis opibusque parati'' ( for, , Latin, Prepared in mind and resources, links=no)
, anthem = " Carolina";" South Carolina On My Mind"
, Former = Province of South Carolina
, seat = Columbia
, LargestCity = Charleston
, LargestMetro = ...
and
Mississippi
Mississippi () is a state in the Southeastern region of the United States, bordered to the north by Tennessee; to the east by Alabama; to the south by the Gulf of Mexico; to the southwest by Louisiana; and to the northwest by Arkansas. Miss ...
. Maxwell's exact stance on secession remains unknown to historians, but his support from pro-secessionist state legislators seems to suggest that he was a secessionist.
In November 1861, the
Florida Legislature
The Florida Legislature is the legislature of the U.S. State of Florida. It is organized as a bicameral body composed of an upper chamber, the Senate, and a lower chamber, the House of Representatives. Article III, Section 1 of the Florida Cons ...
elected him to the
Confederate States Senate
The Confederate States Congress was both the provisional and permanent legislative assembly of the Confederate States of America that existed from 1861 to 1865. Its actions were for the most part concerned with measures to establish a new nat ...
, a position he would serve in until the end of the
American Civil War
The American Civil War (April 12, 1861 – May 26, 1865; also known by other names) was a civil war in the United States. It was fought between the Union ("the North") and the Confederacy ("the South"), the latter formed by states th ...
.
Maxwell was regarded as an exceptionally practical Senator. Realizing that Florida's main contributions to the
war effort
In politics and military planning, a war effort is a coordinated mobilization of society's resources—both industrial and human—towards the support of a military force. Depending on the militarization of the culture, the relative size ...
were food and manufactured goods, he opposed increased taxes and conscription, both of which he felt would hurt Florida's production value. He also asked
Confederate President
The president of the Confederate States was the head of state and head of government of the Confederate States. The president was the chief executive of the federal government and was the commander-in-chief of the Confederate Army and the Confe ...
Jefferson Davis
Jefferson F. Davis (June 3, 1808December 6, 1889) was an American politician who served as the president of the Confederate States from 1861 to 1865. He represented Mississippi in the United States Senate and the House of Representatives as a ...
to warn people against planting anything other than food.
Despite his practicality, Maxwell was known for his
corruptness. In the Senate, he was a staunch supporter of President Davis' power-grabs, and did not oppose his expanding executive authority.
In addition, Maxwell was named chairman of a special committee tasked with investigating the
Confederate Department of the Navy, which was run by his close friend
Stephen R. Mallory
Stephen Russell Mallory (1812 – November 9, 1873) was a Democratic senator from Florida from 1851 to the secession of his home state and the outbreak of the American Civil War. For much of that period, he was chairman of the Committee on Na ...
. Following the disastrous
Battle of New Orleans
The Battle of New Orleans was fought on January 8, 1815 between the British Army under Major General Sir Edward Pakenham and the United States Army under Brevet Major General Andrew Jackson, roughly 5 miles (8 km) southeast of the French ...
, the
Confederate Navy
The Confederate States Navy (CSN) was the Navy, naval branch of the Confederate States Armed Forces, established by an act of the Confederate States Congress on February 21, 1861. It was responsible for Confederate naval operations during the Amer ...
was blamed due to the failure of the
ironclads
An ironclad is a steam-propelled warship protected by iron or steel armor plates, constructed from 1859 to the early 1890s. The ironclad was developed as a result of the vulnerability of wooden warships to explosive or incendiary shells. Th ...
. Hoping to forestall this, Mallory persuaded the Congress to investigate the conduct of the department instead. With the investigative committee stacked with Mallory's friends, including Maxwell and Representative
Ethelbert Barksdale, the committee found no evidence of neglect or ineptitude.
On May 10, 1865, Union Brigadier General
Edward McCook
Edward Moody McCook (June 15, 1833 – September 9, 1909) was a lawyer, politician, distinguished Union cavalry general in the American Civil War, American diplomat, and governor of the territory of Colorado. He was a member of the famed " ...
entered Tallahassee without incident. Ten days later, the American flag was hoisted over the
Florida State Capitol
The Florida State Capitol in Tallahassee, Florida, is an architecturally and historically significant building listed on the National Register of Historic Places. The Capitol is at the intersection of Apalachee Parkway and South ...
and McCook read the
Emancipation Proclamation
The Emancipation Proclamation, officially Proclamation 95, was a presidential proclamation and executive order issued by United States President Abraham Lincoln on January 1, 1863, during the Civil War. The Proclamation changed the legal sta ...
on its steps, officially marking the
surrender of Florida.
Later career
After the war, Maxwell remained a very popular figure in Florida. In late 1865, Governor
William Marvin
William Marvin (April 14, 1808 – July 9, 1902) was a United States district judge of the United States District Court for the Southern District of Florida and the 7th Governor of Florida.
Education and career
Marvin was born in Fairfield, Ne ...
, a former judge appointed provisionally by President
Andrew Johnson
Andrew Johnson (December 29, 1808July 31, 1875) was the 17th president of the United States, serving from 1865 to 1869. He assumed the presidency as he was vice president at the time of the assassination of Abraham Lincoln. Johnson was a Dem ...
, appointed Maxwell to the
Florida Supreme Court
The Supreme Court of Florida is the highest court in the U.S. state of Florida. It consists of seven members: the chief justice and six justices. Six members are chosen from six districts around the state to foster geographic diversity, and one ...
. Maxwell would only serve in this position for a year before his resignation, however. Maxwell formed a law partnership with Mallory in 1866, and resumed his presidency over the Alabama and Florida Railroad.
When
Reconstruction
Reconstruction may refer to:
Politics, history, and sociology
*Reconstruction (law), the transfer of a company's (or several companies') business to a new company
*'' Perestroika'' (Russian for "reconstruction"), a late 20th century Soviet Unio ...
ended following the
Compromise of 1877
The Compromise of 1877, also known as the Wormley Agreement or the Bargain of 1877, was an unwritten deal, informally arranged among members of the United States Congress, to settle the intensely disputed 1876 presidential election between Ruth ...
, the Democrats retook control of Florida. As a result, Maxwell was appointed to the
First Judicial Circuit Court of Florida
The Florida circuit courts are state courts, and are trial courts of original jurisdiction for most controversies. In Florida, the circuit courts are one of four types of courts created by the Florida Constitution (the other three being The Flo ...
by Governor
George Franklin Drew
George Franklin Drew (August 6, 1827 – September 26, 1900) was the List of Governors of Florida, 12th Governor of the U.S. state of Florida.
Early life and career
George Franklin Drew was born on August 6, 1827 in Alton, New Hampshire. Dre ...
that year. He served in this position until 1885, when he resigned in order to attend the state's
Constitutional Convention. Maxwell and the other delegates rewrote the
Carpetbag
A carpet bag is a top-opening travelling bag made of carpet, commonly from an oriental rug. It was a popular form of luggage in the United States and Europe in the 19th century, featuring simple handles and only an upper frame, which serve ...
Constitution of 1868 and instead replaced it with a new Constitution which heavily restricted the rights of
African-Americans
African Americans (also referred to as Black Americans and Afro-Americans) are an ethnic group consisting of Americans with partial or total ancestry from sub-Saharan Africa. The term "African American" generally denotes descendants of ensl ...
.
In 1887, Governor
Edward A. Perry
Edward Aylesworth Perry (March 15, 1831October 15, 1889) was a general under Robert E. Lee during the American Civil War and the 14th Governor of Florida.
Early life
He was a descendant of Arthur Perry, one of the earliest settlers of New Engl ...
appointed Maxwell as the eighth Chief Justice of the Florida Supreme Court.
He would serve as Chief Justice until 1889, when
George P. Raney was chosen to succeed him. Maxwell would remain on the Florida Supreme Court as an
Associate Justice
Associate justice or associate judge (or simply associate) is a judicial panel member who is not the chief justice in some jurisdictions. The title "Associate Justice" is used for members of the Supreme Court of the United States and some state ...
until 1891, when he officially stepped down.
Later life and death
After his resignation, Maxwell returned to his private law practice until his retirement in 1896. Maxwell lived the family of his daughter's husband in
Chipley, Florida
Chipley is a city in and the county seat of Washington County, Florida, Washington County, Florida, United States, located between Tallahassee, Florida, Tallahassee and Pensacola, Florida, Pensacola. Its population was 3,605 in the 2010 U.S. Census ...
until his death in 1903.
Burial and legacy
Maxwell is buried in St. John's Cemetery in Pensacola. Maxwell's son,
Evelyn C. Maxwell, also served as a justice of the Florida Supreme Court.
Maxwell's grandson,
Emmett Wilson
Emmett Wilson (September 17, 1882 – May 29, 1918) was a United States representative from Florida. He was the grandson of Augustus Emmett Maxwell. Wilson was born during the temporary residence of his parents at Belize City, British Honduras ...
, later represented Florida in the U.S. House of Representatives.
His father-in-law,
Walker Anderson
Walker Anderson (July 18, 1801 – January 18, 1857) was a Florida lawyer and Democratic politician who served on the Florida Supreme Court from 1851 to 1853.
He was born in Petersburg, Virginia, on July 18, 1801. He studied law at Raleigh, No ...
, and his son, Evelyn C. Maxwell, both also served on the Florida Supreme Court.
References
* Underwood, Rodman L., ''Stephen Russell Mallory: a Biography of the Confederate Navy Secretary and United States Senator.'' Jefferson, N.C.: McFarland & Co., 2005.
External links
*
, -
{{DEFAULTSORT:Maxwell, Augustus Emmett
1820 births
1903 deaths
People from Elberton, Georgia
American people of Scottish descent
Democratic Party members of the United States House of Representatives from Florida
Confederate States of America senators
Secretaries of State of Florida
Florida Attorneys General
Democratic Party members of the Florida House of Representatives
Democratic Party Florida state senators
Justices of the Florida Supreme Court
Chief Justices of the Florida Supreme Court
University of Virginia alumni
People of Florida in the American Civil War
19th-century American judges