Augustus H. Garland: Difference between revisions

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[[Admission to the bar in the United States|Admitted to the bar]] in 1853, Garland started his law practice with his stepfather. Garland moved to [[Little Rock, Arkansas|Little Rock]] in June 1856, and became a law partner to Ebenezer Cummins, a former associate of [[Albert Pike]]. When Cummins died, Garland took over his extensive practice at age 25 and took on slightly younger attorney William Randolph by 1860, who lived with Garland's young family.<ref>1860 U.S. Federal Census for Little Rock, Pulaski County, Arkansas family No. 41, p. 7 of 75</ref>
 
Garland owned three enslaved females in the 1860 census (two 27 years old and an 11-year-old girl),<ref>U.S. Federal Census Slave Schedules for Little Rock, Pulaski County, Arkansas, p. 7 of 11</ref> and his elder brother [[Rufus King Garland Jr.|Rufus Garland Jr.]] owned 9 slaves in Hempstead County, Arkansas.<ref>1860 U.S. Federal Census Slave Schedules for Missouri Township, Hempstead County, Arkansas p 2 of 4</ref> Nonetheless, Augustus Garland represented the slave Abby Guy in two appeals to the Arkansas Supreme Court in 1857 and 1861, ultimately winning her freedom.<ref>Mahan, Russell L., Abby Guy: Race and Slavery on Trial in an 1855 Southern Court, Historical Enterprises, Santa Clara, Utah, 2017.</ref>
 
Garland owned three enslaved females in the 1860 census (two 27 years old and an 11-year-old girl),<ref>U.S. Federal Census Slave Schedules for Little Rock, Pulaski County, Arkansas, p. 7 of 11</ref> and his elder brother Rufus owned 9 slaves in Hempstead County, Arkansas.<ref>1860 U.S. Federal Census Slave Schedules for Missouri Township, Hempstead County, Arkansas p 2 of 4</ref> Nonetheless, Augustus Garland represented the slave Abby Guy in two appeals to the Arkansas Supreme Court in 1857 and 1861, ultimately winning her freedom.<ref>Mahan, Russell L., Abby Guy: Race and Slavery on Trial in an 1855 Southern Court, Historical Enterprises, Santa Clara, Utah, 2017.</ref>
 
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 with the assistance of [[Reverdy Johnson]].<ref>{{harvp|"Thompson"|1976|p= 137}}.</ref>
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==American Civil War==
The election of [[Republican Party (United States)|Republican]] [[Abraham Lincoln]] to the [[President of the United States|Presidency of the United States]] led to the secession of the Deep South states from the [[Union (American Civil War)|Union]]. Garland consistently opposed secession and advocated Arkansas's continued allegiance to the [[United States]]. His elder brother Rufus Garland (1830–1886) raised a Confederate infantry company (the "Hempstead Hornets") and accepted a captain's commission. Augustus Garland was selected to represent [[Pulaski County, Arkansas|Pulaski County]] at the 1861 [[Arkansas in the American Civil War#Arkansas Secession Convention|secession convention]] in Little Rock, where he voiced his opposition. After Lincoln called for 75,000 troops from Arkansas to help suppress the Confederate States, Garland reluctantly gave his support to secession.<ref>{{harvp|"Thompson"|1976|p= 137}}.</ref>
 
===Confederate States Congress===
Four days after approving the secession ordinance, the convention delegates appointed Garland to the [[Provisional Confederate Congress]],<ref>{{cite book |title=Annals of Arkansas |year=1947 |last= Herndon |first= Dallas T. |volume=1-4 |p=174 |publisher=The Historical Record Association |location=Hopkinsville, Kentucky |isbn=978-1-56546-450-6 |lccn=48002456 |oclc=3920841 |ref={{harvid|"Annals"|1947}} }}</ref> where he was the youngest member of the body.<ref>{{ cite book |editor1-last= Donovan |editor1-first=Timothy Paul |editor2-first= Willard B. |editor2-last= Gatewood |editor3-first= Jeannie M. |editor3-last= Whayne |title= The Governors of Arkansas: Essays in Political Biography |publisher= [[University of Arkansas Press]] |edition= 2 |year= 1995 |p=64 |ref={{harvid|"Governors"|1995}} }}</ref> Garland was elected to the [[Congress of the Confederate States|Confederate House of Representatives]] over Jilson P. Johnson in the [[1st Confederate States Congress]] in 1861,<ref>{{harvp|"Governors"|1995|p= 64}}.</ref> where he was a member of the Committees on Public Lands, Commerce and Financial Independence, and the Judiciary. In 1862, Garland was narrowly defeated by [[Robert Ward Johnson|Robert W. Johnson]], who had been the incumbent in the [[United States Senate]], for a seat in the [[Congress of the Confederate States|Confederate States Senate]], with the twelfth ballot going 46-42.<ref>{{harvp|"Thompson"|1976|p= 138}}.</ref>
Garland was appointed to the [[Provisional Confederate Congress]] and was elected to the [[Congress of the Confederate States|Confederate House of Representatives]] in the [[1st Confederate States 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 [[Congress of the Confederate States|Confederate States Senate]] to fill the vacancy caused by the death of [[Charles B. Mitchel]]. As a Congressman, he made efforts to establish a [[Supreme court|Supreme Court]] of the [[Confederate States of America|Confederate States]] and supported [[President of the Confederate States of America|President]] [[Jefferson Davis]], with the exception of Davis' aside suspending the [[writ]] of ''[[habeas corpus]]'' for the duration of the war (as had Lincoln in the North). He returned to Arkansas in February 1865, when it was clear the Confederacy was about to lose so that he could help facilitate the return of his state to the Union.
 
GarlandHe was appointedreelected to the [[Provisional Confederate Congress]] and was elected to the [[Congress of the Confederate States|Confederate House of Representatives]] in the [[1st Confederate States Congress]] in 18611863, where he was anow memberserving ofalongside thehis Committeesbrother onRufus.<ref>{{harvp|"Thompson"|1976|p= Public Lands, Commerce and Financial Independence, and the Judiciary138}}.</ref> He was reelected in 1863, and inIn 1864 was appointed to the [[Congress of the Confederate States|Confederate States Senate]] to fill the vacancy caused by the death of [[Charles B. Mitchel]] in a close vote against Albert Pike.<ref>{{harvp|"Thompson"|1976|p= 138}}.</ref> As a Congressman, he made efforts to establish a [[Supreme court|Supreme Court]] of the [[Confederate States of America|Confederate States]] and supported [[President of the Confederate States of America|President]] [[Jefferson Davis]], with the exception of Davis' aside suspending the [[writ]] of ''[[habeas corpus]]'' for the duration of the war (as had Lincoln in the North). He returned to Arkansas in February 1865, when it was clear the Confederacy was about to lose so that he could help facilitate the transition of power from exiled Confederate governor [[Harris Flanagin]] to [[Isaac Murphy]] with General [[Joseph J. Reynolds]], and the return of his state to the Union.<ref>{{harvp|"Governors"|1995|p= 65}}.</ref><ref>{{harvp|"Thompson"|1976|p= 138}}.</ref>
 
==Postwar==
 
===''Ex parte Garland''===
Not long after the [[American Civil War|Civil War]] ended, [[President of the United States|President]] [[Andrew Johnson]] pardoned Garland on July 15, 1865. He was nonetheless forbidden to resume his legal practice without taking the [[Ironclad Oath]], which the [[United States Congress]] had required of all [[Confederate States of America|Confederate]] government or military officials, per a law passed on January 24, 1865. In ''[[Ex parte Garland]]'', Garland argued that the law was unconstitutional and ''[[Ex post facto law|ex post facto]]''. On January 14, 1867, by a vote of five to four, the U.S. Supreme Court agreed.<ref>{{harvp|"Governors"|1995|p= 65}}.</ref> The ruling caused considerable uproar in the north, but former Confederates hoped that the judicial system could be used to prevent the implementation of [[Congressional Reconstruction]]. Garland then pushed the Supreme Court to hear the case of ''[[Mississippi v. Johnson]]'' which challenged the constitutionality of those acts; however, the Court refused.
 
===Political career===
[[File:Augustus Hill Garland.jpg|thumb|right|200px|Augustus H. Garland (c. 1870)]]
Arkansas legislators elected him to the [[United States Senate]] for a term beginning in 1867 but was not allowed to take the seat because Arkansas had not yet been readmitted to the [[United States|Union]]. Garland in 1869 helped foundknew the [[Southernelection Historicalwas Society]]a and"a gathereddoubtful, papersif ofnot Arkansasan Confederateempty veteransoffer". AsWhile hein resumedWashington hisDC legalattempting practice,to Garlandbe observedseated politics from a distance. In 1872, within the [[Republican Party (United States)|Republican Party]] split into three factionsSenate, [[Democratic Party of Arkansas|Arkansas Democrats]] sought Garland toworked help elect Democrats intobehind the [[Arkansasscenes Generalto Assembly|state legislature]] and had been considered forpush the DemocraticSupreme nominationCourt forto the U.S. Senate. Duringhear the conflictcase known as theof ''[[Brooks-BaxterMississippi War]],v. Garland became a primary strategist for [[List of Governors of Arkansas|GovernorJohnson]]'' [[Elishawhich Baxter]]challenged andthe served as deputy secretaryconstitutionality of state. He was an advisor and constitutional scholar at the next [[Constitutional convention (political meeting)|state constitutionalReconstruction conventionActs]]; andhowever, with strong support from the DemocraticCourt Party, was elected [[List of Governors of Arkansasrefused.<ref>{{harvp|Governor"Thompson"|1976|p= of Arkansas]]140}}.</ref>
 
Garland had established himself as a key player in Arkansas politics, a strong conservative capable of working with the federal government, and widely recognized as a sharp legal mind. However, Garland was most noted by contemporaries for strong advantages he held in the political sphere: pragmatic, plain-spoken, and informal, yet brilliant and well-networked with national political figures from around the country. In the immediate aftermath of the Civil War, Garland recognized the changing political winds and withdrew from public participation in politics during early Reconstruction.<ref>{{harvp|"Thompson"|1976|p= 142-143}}.</ref> As he resumed his legal practice, Garland observed politics from a distance and used his influence behind the scenes, only rising to speak against the [[1868 Arkansas Constitution]]. Following ratification of the new constitution in April 1868, Democrats were faced with the choice to take a "voter's oath" or be ineligible for state office. Garland and other state Democrats made the choice to take the oath and fight the Republicans at the ballot box in November 1868.<ref>{{harvp|"Thompson"|1976|p= 143-144}}.</ref> Garland in 1869 helped found the [[Southern Historical Society]] and gathered papers of Arkansas Confederate veterans.
 
In 1872, with the [[Republican Party (United States)|Republican Party]] split into three factions, [[Democratic Party of Arkansas|Arkansas Democrats]] sought Garland to help elect Democrats into the [[Arkansas General Assembly|state legislature]] and had been considered for the Democratic nomination for the U.S. Senate. During the conflict known as the [[Brooks-Baxter War]], Garland became a primary strategist for [[List of Governors of Arkansas|Governor]] [[Elisha Baxter]] and served as deputy secretary of state. He was an advisor and constitutional scholar at the next [[Constitutional convention (political meeting)|state constitutional convention]] and, with strong support from the Democratic Party, was elected [[List of Governors of Arkansas|Governor of Arkansas]].
 
===Governor of Arkansas===