Augustus Hill Garland
| Columbia Encyclopedia: Augustus Hill Garland |
Garland, Augustus Hill, 1832-99, American lawyer and politician, b. Tipton co., Tenn. He became a prominent lawyer in Arkansas and during the Civil War served in the Confederate House of Representatives (1861-64) and Senate (1864-65). After the war, he was pardoned by President Andrew Johnson. He could not practice law, however, because of a congressional act of Jan., 1865, that debarred former members of the Confederate government. This led to Ex parte Garland (1867), a Supreme Court case in which Garland successfully pleaded that since the act was an ex post facto law it was unconstitutional. He was elected to the U.S. Senate in 1867 but was refused his seat. As governor of Arkansas (1874-76), Garland was influential in restoring the soundness of the state's finances. He served in the U.S. Senate from 1877 to 1885 and as Attorney General from 1885 to 1889. He wrote Experiences in the Supreme Court of the United States (1898) and, with Robert Ralston, A Treatise on the Constitution and Jurisdiction of the United States Courts (1898).
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Augustus Hill Garland served as attorney general of the United States from 1885 to 1889 under President Grover Cleveland.
Garland was born June 11, 1832, in Tipton County, Tennessee. His parents, Rufus K. Garland and Barbara Hill Garland, settled in Hempstead County, Arkansas, when he was an infant. Garland was educated at local schools in Hempstead County, and at St. Joseph's College, in Bardstown, Kentucky. He graduated from St. Joseph's in 1851 and was admitted to the bar in 1853. Garland's first practice was established in Washington, Arkansas. He eventually moved to Little Rock, Arkansas, where he earned a reputation as one of the best lawyers in the South. He married Sarah Virginia Sanders in Little Rock. She died early in their marriage, and Garland's mother ran his household for most of his life.
At the outbreak of the Civil War, Garland opposed the secession of Arkansas, but he eventually supported his state when the ordinance of secession was passed. He was elected to the Confederate provisional congress, in Montgomery, Alabama, and to the first and second Confederate congresses, in Richmond.
In an effort to unify the North and South after the war, President Andrew Johnson granted a full pardon to Garland (and others) for wartime service to the Confederacy. The president's actions were not widely supported; Congress enacted a number of laws that continued to punish the pardoned Southerners for their wartime allegiances by restricting their ability to participate in their former businesses or professions. Two restrictions, enacted in 1865, required attorneys to swear a test (loyalty) oath affirming that they had not participated in the rebellion, as a condition for appearing before the U.S. Supreme Court, the district and circuit courts, and the Court of Claims (13 Stat. 424). Attorneys who could not take the oath were denied the right to appear before the high courts—and thereby prevented from practicing law.
Garland challenged the law in 1867. He argued that the law was unconstitutional, and that even if the law were constitutional, he would be released from compliance with its provisions by his presidential pardon. The Supreme Court found the law to be unconstitutional because it violated the president's power to pardon. "When a pardon is full," the majority opinion said, "it releases the punishment, and blots out of existence the guilt" (Ex parte Garland, 71 U.S. (4 Wall.) 333, 18 L. Ed. 366 [1866]). The case restored Garland's right to practice law before the nation's high courts and established him as a nationally recognized constitutional lawyer. It also reestablished him as a political force in the South.
In 1867, Garland was elected to the U.S. Senate by the legislature of Arkansas, only to be denied a seat because Congress found that his state had not been sufficiently rehabilitated. For the next few years, he used his abilities to return his state to favor. By 1874, he was elected governor of the state; his administration is credited with bringing order out of the chaos that permeated Arkansas during the Reconstruction era. In 1877, Garland was finally allowed to take his seat in the U.S. Senate. He was reelected in 1883 and became a ranking member of the Senate's Judiciary Committee.
Garland resigned his Senate seat on March 4, 1885, to accept the position of attorney general in President Cleveland's cabinet. As attorney general, he was frequently consulted on issues of constitutional law. He was known as an advocate who insisted on the enforcement of constitutional freedoms for all citizens.
He also worked to earn the trust of those who condemned him for his Confederate service. As a U.S. senator and cabinet officer, Garland was wary of both individuals and institutions who sought to influence his opinions and actions. It is said that he steadfastly avoided society events and that he refused to read daily newspapers. Even so, he was once called back from a holiday by an angry President Cleveland to explain his ownership of stock in a company that would have been helped by a Justice Department lawsuit. (The lawsuit was eventually withdrawn.)
In 1889 Garland returned to the practice of law, and he maintained an active caseload until the end of his life. He also began to record his life's work for publication. His Experience in the Supreme Court of the United States and Federal Practice were published in 1898.
Having fought so hard to retain his right to appear before the nation's high courts, Garland's final hour was fitting: he died while arguing a case before the Supreme Court of the United States on January 26, 1899.
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| Augustus Hill Garland | |
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| In office March 6, 1885 – March 4, 1889 |
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| Preceded by | Benjamin H. Brewster |
| Succeeded by | William H. H. Miller |
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| In office March 4, 1877 – March 6, 1885 |
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| Preceded by | Powell Clayton |
| Succeeded by | James H. Berry |
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11th Governor of Arkansas
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| In office November 12, 1874 – January 11, 1877 |
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| Preceded by | Elisha Baxter |
| Succeeded by | William R. Miller |
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| In office November 8, 1864 – May 10, 1865 |
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| Preceded by | Charles B. Mitchel |
| Succeeded by | End of Confederacy |
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| Born | June 11, 1832 Covington, Tennessee, U.S. |
| Died | January 26, 1899 (aged 66) Washington, D.C., U.S. |
| Political party | Whig, American, Constitutional Unionist, Democratic |
| Spouse(s) | Sarah Virginia Sanders Garland |
| Alma mater | St. Mary's College St. Joseph's College |
| Profession | Politician, lawyer, teacher, author |
Augustus Hill Garland (June 11, 1832 – January 26, 1899) was an Arkansas lawyer and politician. He was a senator in both the United States and the Confederate States, served as Governor of Arkansas and as Attorney General of the United States in first administration of Grover Cleveland.
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Early life and law career
Garland was born in Covington, Tennessee, on June 11, 1832, to Rufus and Barbara Hill Garland. Along with his parents, his older brother, Rufus, and older sister, Elizabeth, the family moved to Lost Prairie in Arkansas in 1833 where his father owned a store. His father died when Garland was still a baby and his mother then wed Thomas Hubbard in 1836. Hubbard relocated the family to Washington, Arkansas, near the Hempstead County seat of Hope. Garland attended Spring Hill Male Academy from 1838 to 1843 before moving on to St. Mary's College in Lebanon, Kentucky, and later graduating from St. Joseph's College in Bardstown, Kentucky, in 1849.
Garland briefly taught school at Brounstown School in the Mine Creek Community in Sevier County before returning to Washington to study law with Hempstead County clerk Simon Sanders, later being admitted to the bar and starting a law practice with his stepfather in 1853. He married Sarah Virginia Sanders on June 14, 1853, with whom he would have nine children, four of whom survived to adulthood. They moved to Little Rock in June 1856 where Garland became a law partner to Ebenezer Cummins, a former legal associate of Albert Pike's. Garland became one of Arkansas's most prominent attorneys and was admitted to the bar of the Supreme Court of the United States in 1860.
Entrance into politics
Garland was a supporter of the Whig and American "Know Nothing" parties during the 1850s and was a presidential elector in the Arkansas Electoral College for the Constitutional Union Party in the election of 1860, voting for the party's nominees of John Bell and Edward Everett.
Civil War
With the election of Republican Abraham Lincoln to the Presidency of the United States, more and more southern states were pressured to secede from the Union. Garland opposed secession and consistently advocated Arkansas's continued allegiance to the United States. In 1861, he was elected to represent Pulaski County at the secession convention in Little Rock where he voiced his opposition to secede, but after President Lincoln called for 75,000 troops in response to the Battle of Fort Sumter, Garland reluctantly supported secession.
Confederate Congress
Garland served in the Provisional Confederate Congress and was later elected to the Confederate House of Representatives in the First Confederate Congress in 1861 where he was a member of the Committees on Public Lands, Commerce and Financial Independence, and the Judiciary. He was reelected in 1863 and in 1864 was appointed to the Confederate States Senate to fill the vacancy caused by the death of Charles B. Mitchel. In Congress, he made efforts to establish a Supreme Court of the Confederate States and supported the administration of President Jefferson Davis aside his opposition to the laws suspending the writ of habeas corpus. He returned to Arkansas in February 1865 to help facilitate the return of the state to the Union.
Ex parte Garland
At the end of the Civil War, Garland was pardoned by President Andrew Johnson on July 15, 1865. Despite this pardon, he was prohibited from practicing law due to a provision passed by the United States Congress on January 24, 1865, stripping the law licenses of all lawyers who worked with the Confederate government or military. Garland became the petitioner in the case of Ex parte Garland in which he made the argument that it was unconstitutional and a violation of ex post facto. On January 14, 1867, by a vote of five to four, the Court agreed. The ruling caused considerable uproar in the north, but gave hope that the judicial system could be used to prevent the implementation of the Reconstruction Act that had recently been passed by Congress. He then pushed the Supreme Court to hear the case of Mississippi v. Johnson which challenged the constitutionality of those acts, however the Court refused.
Post-war political career
Garland was elected to the United States Senate for a term beginning in 1867, but was not allowed to take the seat as Arkansas had not yet been readmitted to the Union. He continued practicing law and observing the political scene from a distance. In 1872, with the Republican Party split into three factions, Arkansas Democrats sought Garland to help elect Democrats into the state legislator and had been considered for the Democratic nomination for the U.S. Senate. During the conflict known as the Brooks-Baxter War, he sided with Governor Elisha Baxter and was a primary strategists for him. He was an advisor and constitutional scholar at the next state constitutional convention and, with strong support from the Democratic Party, was elected Governor of Arkansas.
Governor of Arkansas
Garland was faced with a number of problems after taking office as Governor including turmoil in the state over threatening groups like the Ku Klux Klan, an ongoing congressional investigation over the Brooks-Baxter confect and the state debt of $17,000,000. With help from the finance board, the debt was significantly lowered in two years time. Garland was a strong supporter of better education. He urged the legislator to establish schools for the blind and deaf, successfully advocated in appointing a new president for the Arkansas Industrial University, today the University of Arkansas, and helped founded the Branch Normal College, today the University of Arkansas at Pine Bluff, which made education more accessible for African-Americans. Under his administration, he also oversaw the creation of the Arkansas bureau of statistics and bureau of agriculture, mining and manufacturing.
United States Senate
Garland ran successfully for the United States Senate in 1876 and was reelected in 1883. In the Senate, he served as a member of the Committees on Public Lands, the Territories and the Judiciary, serving as chairman of the Territories Committee in the 46th Congress. As a Senator, he made efforts to bring about tariff reform, internal improvements such as the regulation of interstate commerce and a federal prison system, federal aid to education and civil service reform.
Attorney General
Garland resigned from the Senate in 1885 after accepting the appointment of Attorney General of the United States by newly elected President Grover Cleveland, becoming the first Arkansan to receive a cabinet post. Not long after taking office, he became embroiled in a political scandal. While serving in the Senate, Garland became a shareholder in and attorney for the Pan-Electric Telephone Company which was organized to form regional telephone companies using equipment developed by J. Harris Rogers. The Bell Telephone Company brought suit against Pan-Electric for patent infringement after it was discovered that their equipment was similar to that of Bell's. Garland was ordered to bring a suit in the name of the United States to invalidate the Bell patent, breaking their monopoly of telephone technology, but refused to do so. However, while Garland was on vacation in the summer, Solicitor General John Goode authorized the suit. A year long congressional investigation and constant public attention effected his work as Attorney General, however, despite having to serve under a cloud of suspicion, he was supported from President Cleveland. Garland was also the first, and to date only, United States cabinet secretary to be censured by Congress when, in 1886, Garland failed to provide documents about the firing of a United States Attorney.
Later life and death
President Cleveland lost reelection to Benjamin Harrison in the 1888 election and Garland left office at the end of Cleveland's term in 1889. He resumed practicing law in Washington, D.C. and published a number of books, including The Constitution As It Is (1880), Experience in the Supreme Court of the United States, with Some Reflections and Suggestions as to that Tribunal (1883), Third-Term Presidential (1896), Experience in the Supreme Court of the United States (1898) and Treatise on the Constitution and Jurisdiction of the United States Courts (1898). On January 26, 1899, while arguing a case before the Supreme Court, Garland suffered a stroke and died a few hours later in the Capitol. He was interned Mount Holly Cemetery in Little Rock, Arkansas.
Honors
- Garland County, Arkansas, Garland, Arkansas, and Garland, Texas, were named in his honor.
References
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This article includes a list of references, related reading or external links, but its sources remain unclear because it lacks inline citations. Please improve this article by introducing more precise citations where appropriate. (May 2009) |
- Augustus Hill Garland at the Biographical Directory of the United States Congress Retrieved on 2009-03-24.
- Augustus Hill Garland at the Encyclopedia of Arkansas History and Culture
- Augustus Hill Garland at the Old State House Museum
External links
- Augustus Hill Garland at Find a Grave Retrieved on 2009-03-24.
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