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 in the Southeastern United States, Southeastern region of the United States. It borders the Gulf of Mexico to the west, Alabama to the northwest, Georgia (U.S. state), Georgia to the north, the Atlantic ...

including as one of Florida's senators to the Confederate States Congress, Florida Secretary of State, and as Chief Justice of the

Florida Supreme Court The Supreme Court of Florida is the state supreme court, highest court in the U.S. state of Florida. It consists of seven justices—one of whom serves as Chief Justice. Six members are chosen from six districts around the state to foster geog ...

Early life and education

Maxwell was born in Elberton, Georgia, on September 21, 1820. In 1822, his family moved to Greene County, Alabama, 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, United States. It was founded in 1819 by Thomas Jefferson and contains his The Lawn, Academical Village, a World H ...

, 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. Established in 1923, the association is governed by th1975 Alabama Code, Title 34, Chapter 3 It is the "licensing and regulatory agency for attor ...

in 1843. After practicing private law in Eutaw, Alabama, he moved to

Tallahassee, Florida Tallahassee ( ) is the List of capitals in the United States, capital city of the U.S. state of Florida. It is the county seat of and the only incorporated municipality in Leon County, Florida, Leon County. Tallahassee became the capital of Fl ...

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 Florida Cabinet, 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 ...

from 1846 until 1847. A Democrat, 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 (United States), state legislature of the U.S. state of Florida, the Florida Senate being the upper house. Article III, Section 1 of the C ...

from 1847 until 1848, when he resigned to become the second Florida Secretary of State, 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 (United States), state legislature of the U.S. state of Florida, the Florida House of Representatives being the lower house. Article III, Section 1 of the C ...

, 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 is a chamber of the bicameral United States Congress; it is the lower house, with the U.S. Senate being the upper house. Together, the House and Senate have the authority under Article One of th ...

, 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 ...

for two terms, opting not to run for re-election in 1856. After his retirement from Congress, Maxwell moved to

Pensacola, Florida Pensacola ( ) is a city in the Florida panhandle in the United States. It is the county seat and only incorporated city, city in Escambia County, Florida, Escambia County. The population was 54,312 at the 2020 United States census, 2020 census. ...

, 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 South Carolina ( ) is a U.S. state, state in the Southeastern United States, Southeastern region of the United States. It borders North Carolina to the north and northeast, the Atlantic Ocean to the southeast, and Georgia (U.S. state), Georg ...

and

Mississippi Mississippi ( ) is a U.S. state, state in the Southeastern United States, Southeastern and Deep South regions of the United States. It borders Tennessee to the north, Alabama to the east, the Gulf of Mexico to the south, Louisiana to the s ...

. 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 elected him to the Confederate States Senate, a position he would serve in until the end of the

American Civil War The American Civil War (April 12, 1861May 26, 1865; also known by Names of the American Civil War, other names) was a civil war in the United States between the Union (American Civil War), Union ("the North") and the Confederate States of A ...

. Maxwell was regarded as an exceptionally practical Senator. Realizing that Florida's main contributions to the

war effort War effort is a coordinated mobilization of society's resources—both industrial and civilian—towards the support of a military force, particular during a state of war. Depending on the militarization of the culture, the relative si ...

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

Jefferson Davis Jefferson F. Davis (June 3, 1808December 6, 1889) was an American politician who served as the only President of the Confederate States of America, president of the Confederate States from 1861 to 1865. He represented Mississippi in the Unite ...

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. 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 Frenc ...

, 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. 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 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 (road), intersection of Apalachee Parkway and F ...

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 American Civil War. The Proclamation had the eff ...

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, 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. The 16th vice president, he assumed the presidency following the assassination of Abraham Lincoln. Johnson was a South ...

, appointed Maxwell to the

. 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 Union ...

ended following the

Compromise of 1877 The Compromise of 1877, also known as the Wormley Agreement, the Tilden-Hayes Compromise, the Bargain of 1877, or Corrupt bargain, the Corrupt Bargain, was a speculated unwritten political deal in the United States to settle the intense dispute ...

, the Democrats retook control of Florida. As a result, Maxwell was appointed to the First Judicial Circuit Court of Florida by Governor George Franklin Drew 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 known as Black Americans and formerly also called Afro-Americans, are an American racial and ethnic group that consists of Americans who have total or partial ancestry from any of the Black racial groups of Africa. ...

. In 1887, Governor Edward A. Perry 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 An 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 ...

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. Until his death in 1903, Maxwell lived with the family of his daughter's husband, in Chipley, Florida.

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, later represented Florida in the U.S. House of Representatives. His father-in-law, Walker Anderson, 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 Supreme Court of Florida Chief justices of the Supreme Court of Florida University of Virginia alumni People of Florida in the American Civil War 19th-century American judges 19th-century members of the United States House of Representatives 19th-century members of the Florida Legislature