John Macpherson Berrien (August 23, 1781January 1, 1856) of

United States senator The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and powe ...

from

Georgia Georgia most commonly refers to: * Georgia (country), a country in the Caucasus region of Eurasia * Georgia (U.S. state), a state in the Southeast United States Georgia may also refer to: Places Historical states and entities * Related to the ...

and Attorney General of the United States during the presidency of

Andrew Jackson Andrew Jackson (March 15, 1767 – June 8, 1845) was an American lawyer, planter, general, and statesman who served as the seventh president of the United States from 1829 to 1837. Before being elected to the presidency, he gained fame as ...

Early life and education

Berrien was born on August 23, 1781 at Rockingham, Rocky Hill,

New Jersey New Jersey is a state in the Mid-Atlantic and Northeastern regions of the United States. It is bordered on the north and east by the state of New York; on the east, southeast, and south by the Atlantic Ocean; on the west by the Delaware ...

, to Major John Berrien, son of Judge John Berrien, and Margaret Macpherson. He moved with his parents to

Savannah, Georgia Savannah ( ) is the oldest city in the U.S. state of Georgia and is the county seat of Chatham County. Established in 1733 on the Savannah River, the city of Savannah became the British colonial capital of the Province of Georgia and later t ...

, in 1782. His mother died three years later. He graduated from

Princeton College Princeton University is a private research university in Princeton, New Jersey. Founded in 1746 in Elizabeth as the College of New Jersey, Princeton is the fourth-oldest institution of higher education in the United States and one of the ni ...

in 1796, studied law in Savannah, was admitted to the bar at the age of 18, and began practice in

Louisville, Georgia Louisville is a city in and the county seat of Jefferson County, Georgia, United States, and also a former state capital of Georgia. It is located southwest of Augusta on the Ogeechee River, and its population was 2,493 at the 2010 census, do ...

, in 1799. After he returned to Savannah he was elected solicitor of the eastern judicial circuit of Georgia in 1809; judge of the same circuit from 1810 until January 30, 1821, when he resigned. He served as captain of the

Georgia Hussars The Georgia Hussars are a cavalry unit founded before the American Revolution that continues today as part of the Georgia National Guard. The Hussars served the State of Georgia as part of the Confederate States Army during the American Civil Wa ...

, a Savannah volunteer company, in the

War of 1812 The War of 1812 (18 June 1812 – 17 February 1815) was fought by the United States, United States of America and its Indigenous peoples of the Americas, indigenous allies against the United Kingdom of Great Britain and Ireland, United Kingdom ...

Political career

Berrien was a member of the

Georgia Senate The Georgia State Senate is the upper house of the Georgia General Assembly, in the U.S. state of Georgia. Legal provisions The Georgia State Senate is the upper house of the Georgia General Assembly, with the lower house being the Georgia Ho ...

from 1822 to 1823. He was elected as a

Jacksonian Democrat Jacksonian democracy was a 19th-century political philosophy in the United States that expanded suffrage to most white men over the age of 21, and restructured a number of federal institutions. Originating with the seventh U.S. president, An ...

to the United States Senate and served from March 4, 1825. In '' The Antelope'' case of 1824, he argued against the freedom of slaves captured at sea noting slavery "lay at the foundation of the Constitution" and that slaves "constitute the very foundation of your union". On March 9, 1829, he resigned from the Senate to accept the position of Attorney General in the Cabinet of President Andrew Jackson. His first assignment was to prosecute former

Treasury A treasury is either *A government department related to finance and taxation, a finance ministry. *A place or location where treasure, such as currency or precious items are kept. These can be state or royal property, church treasure or i ...

Fourth Auditor

Tobias Watkins Tobias Watkins (December 12, 1780 – November 14, 1855) was an American physician, editor, writer, educator, and political appointee in the Baltimore-Washington, D.C. area. He played leading roles in early American literary institutions such a ...

for embezzlement of public funds. Berrien secured a conviction at a high profile that same year. Later Berrien supported states' rights in the Nullification Crisis. In the case of the Negro Seamen Acts, he considered the acts to be appropriate exercises of the states' police powers, and beyond the reach of the federal government. He resigned from the office of Attorney General on June 22, 1831. After leaving the Cabinet he resumed the practice of law until he was again elected, as a Whig, to the U.S. Senate and served from March 4, 1841, until May 1845, when he again resigned to accept an appointment to the supreme court of Georgia; again elected in 1845 to the United States Senate to fill the vacancy caused by his second resignation; reelected in 1846 and served from November 13, 1845, until May 28, 1852, when he resigned for the third time. Berrien's views on sectional issues hardened during his tenure in the Senate and he became aligned with the short-lived

Southern Rights Party The Southern Rights Party was a political party in the United States, organized exclusively in the Southern United States. It was active for a few years in the early 1850s. Two or three members won seats in the House of Representatives House ...

formed to oppose the

Compromise of 1850 The Compromise of 1850 was a package of five separate bills passed by the United States Congress in September 1850 that defused a political confrontation between slave and free states on the status of territories acquired in the Mexican–Am ...

and the

Wilmot Proviso The Wilmot Proviso was an unsuccessful 1846 proposal in the United States Congress to ban slavery in territory acquired from Mexico in the Mexican–American War. The conflict over the Wilmot Proviso was one of the major events leading to the ...

. During the 1820s, Berrien was a member of the prestigious society,

Columbian Institute for the Promotion of Arts and Sciences The Columbian Institute for the Promotion of Arts and Sciences (1816–1838) was a literary and science institution in Washington, D.C., founded by Dr. Edward Cutbush (1772–1843), a naval surgeon. Thomas Law had earlier suggested of such a soc ...

, which counted among its members presidents

and

John Quincy Adams John Quincy Adams (; July 11, 1767 – February 23, 1848) was an American statesman, diplomat, lawyer, and diarist who served as the sixth president of the United States, from 1825 to 1829. He previously served as the eighth United States ...

and many prominent men of the day, including well-known representatives of the military, government service, medical and other professions. He served as the chairman of the

U.S. Senate Committee on the Judiciary The United States Senate Committee on the Judiciary, informally the Senate Judiciary Committee, is a standing committee of 22 U.S. senators whose role is to oversee the Department of Justice (DOJ), consider executive and judicial nominations, ...

in the 20th, 26th and

27th Congress The 27th United States Congress was a meeting of the legislative branch of the United States federal government, consisting of the United States Senate and the United States House of Representatives. It met in Washington, D.C. between March 4, ...

es. He was president of the American Party convention at Milledgeville in 1855. Berrien was a slaveholder, and owned 90 according to the 1830 U.S. census. In 1840, he owned eight slaves at his house in Savannah, Georgia, and an additional 140 slaves in surrounding Chatham County. In 1850, he owned 143 slaves.

Death and legacy

Berrien died at his home, now known as the John Berrien House (named for his father), in Savannah on January 1, 1856. He is interred in

Laurel Grove Cemetery Laurel Grove Cemetery is a cemetery located in midtown Savannah, Georgia. It includes the original cemetery for whites (now known as Laurel Grove North) and a companion burial ground (called Laurel Grove South) that was reserved for slaves and fr ...

Berrien County, Georgia Berrien County is a county located in the south central portion of the U.S. state of Georgia. As of the 2020 census, the population was 18,160. The county seat is Nashville. The county was created February 25, 1856 out of portions of Coffee, I ...

, and

Berrien County, Michigan Berrien County is a county on the south line of Michigan, at the southwestern corner of the state. As of the 2020 Census, the population was 154,316. The county seat is St. Joseph. Berrien County is included in the Niles-Benton Harbor, MI Me ...

(one of Michigan's Cabinet Counties, organized during his term as attorney general), are named after him. Berrien was one of the

Georgia Historical Society The Georgia Historical Society (GHS) is a statewide historical society in Georgia. Headquartered in Savannah, Georgia, GHS is one of the oldest historical organizations in the United States. Since 1839, the society has collected, examined, and tau ...

's founders in 1839 and served as the organization's first president. The Georgia Historical Society holds a substantial collection o
Berrien papers
(including important material relating to the

Petticoat affair The Petticoat affair (also known as the Eaton affair) was a political scandal involving members of President Andrew Jackson's Cabinet and their wives, from 1829 to 1831. Led by Floride Calhoun, wife of Vice President John C. Calhoun, these wo ...

). The Society also annually presents th
John Macpherson Berrien Award
a lifetime achievement award recognizing outstanding contributions to Georgia history.

References

External links

in th
Digital Library of GeorgiaJohn Macpherson Berrien papers
at th
Georgia Historical Society
*

Biography