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 state located in the 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, to the east by the Bahamas and Atlantic Ocean, and to th ...

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 on ...

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 Revolution ...

, where Maxwell would attend private school. Maxwell studied law at the

University of Virginia The University of Virginia (UVA) is a public research university in Charlottesville, Virginia. Founded in 1819 by Thomas Jefferson, the university is ranked among the top academic institutions in the United States, with College admission ...

, 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 ag ...

in 1843. After practicing private law in

Eutaw, Alabama Eutaw ( ) is a city in and the county seat of Greene County, Alabama, United States. At the 2020 census, the population was 2,937. The city was named in honor of the Battle of Eutaw Springs, the last engagement of the American Revolutionary War ...

, 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. Tallahassee became the capital of Florida, then the Florida Territory, in 1824. In 2020, the populatio ...

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 ...

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 of the U.S. state of Florida, the Florida Senate being the upper house. Article III, Section 1 of the Constitution of Florida, adopte ...

from 1847 until 1848, when he resigned to become the second

, 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, 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 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 principa ...

, 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 = G ...

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. Mis ...

. 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 Co ...

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, 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 state ...

. 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 ...

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 Confed ...

Jefferson Davis 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 Fren ...

, the

Confederate Navy The Confederate States Navy (CSN) was the 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 American ...

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 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 So ...

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, ...

, 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 D ...

, 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 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 Fl ...

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 Constitutional convention may refer to: * Constitutional convention (political custom), an informal and uncodified procedural agreement *Constitutional convention (political meeting), a meeting of delegates to adopt a new constitution or revise an e ...

. 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 served ...

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 Race and ethnicity in the United States, ethnic group consisting of Americans with partial or total ancestry from sub-Saharan Africa. The term "African American ...

. 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 George Pettus Raney (October 11, 1845 – January 8, 1911) was an American attorney and politician who served as the 9th Chief Justice of the Florida Supreme Court. Early life and education Raney was born on October 11, 1845, in Apalachicola, ...

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 sta ...

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, United States, located between Tallahassee and Pensacola. Its population was 3,605 in the 2010 U.S. Census. The area is served by Chipley High School. Originally called ...

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, 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 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