USA > Georgia > The bench and bar of Georgia: memoirs and sketches. With an appendix, containing a court roll from 1790-1857, etc., volume II > Part 19
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* See Dawson's Compilation.
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class of readers for introducing the opinion of a virtuous citizen of Georgia who had served with Mr. Miller in the Senate. From ill health during the session of 1855-56, the gentleman* referred to had obtained leave of absence from the Senate to return home before the adjournment. On his way, he was asked by the author what men (naming three or four) took the lead in the Senate for ability and influence. The reply was, "The greatest man in the Senate is Andrew J. Miller. He is the best-informed and the wisest man I ever saw." Such was the testimony of a competent judge before the illness of Mr. Miller was known.
It is unnecessary to follow up the Journals of the Senate to show what bills, resolutions, reports, and other legislative action Mr. Miller originated or sustained. An abstract of these, credit- able to his industry and judgment, might be made, were other evi- dence not ample enough. All the measures of the day which had the welfare of the State in view found in him a ready champion. These are glanced at, more or less, in the articles published on the occasion of his death, included in this memoir. He was a hard worker, and derived happiness from what many others-indeed, the largest portion of mankind-consider vexations and hardships. He believed, with an English poet, t that
" Life's cares are comforts, such by Heaven design'd ; He that has none must make them, or be wretched. Cares are employments, and without employ The soul is on a rack,-the rack of rest, To souls most adverse,-action all their joy."
He lived to realize what the poet further describes :-
" The man who consecrates his hours By vigorous effort and an honest aim, At once he draws the sting of life and death ; He walks with Nature, and her paths are peace."
It is not within the province of the author to pronounce on the personal felicities or troubles of the men whose characters he may review in this work. He invades no domestic sanctuary to expose secret griefs, if there be any. But he ventures to remark, merely as an inference, that Mr. Miller must have enjoyed the domestic relations in a very placid degree, from his great mental activity. He had no time to brood over little things, petty cares, which
* Hugh Lawson, Esq., Senator from Houston county, who died May 20, 1856, whose father was a signer of the Constitution of Georgia, in 1789, and after whom the Hon. Hugh Lawson White, of Tennessee, was named.
¡ Young.
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annoy sluggish minds. He was ever on the stretch from sphere to sphere,-enlarged constantly, as his energies were evoked by heroic determinations. That he possessed great and varied capa- city is evident from the many offices and positions of trust which he held at the time of his death,-State Senator, President of the Medical College of Georgia, City Attorney of Augusta, Director of the Georgia Railroad and Banking Company, Director of the Union Bank, President of the Oglethorpe Infantry Loan Associa- tion, and Captain of the Oglethorpe Infantry. In 1853, he was appointed, by the Executive, Judge of the Superior Courts of the Middle circuit, which he accepted merely until an election could be had. He did not seek, nor did he desire, the office.
The author has no speech of Mr. Miller at hand to present as a specimen of his powers in debate. As a substitute, however, he gives a protest drawn up in 1850, which speaks for itself. It is taken from the Augusta Chronicle and Sentinel of January 25, preceded by editorial remarks :-
THE SENATORIAL BILL.
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We subjoin the minority-report on the Senatorial District bill. Against the predetermined course of a majority faction-resolute in the perpetra- ·tion of a deliberately-concocted scheme to attain party ends-no argu- ment, however able, could avail aught. Debate was stifled. They wanted no argument. None was permitted. It was a party scheme,-so avowed, conducted and consummated as such. While it exposes the unscrupulous character of our opponents, let it incite the Whigs of Georgia-those who have been thus virtually disfranchised especially-to redouble their exer- tions and at the proper time perfect their organization. If it shall teach the Whigs in future contests the necessity of thorough organization and harmony, it will have accomplished good where no benefit was intended ; and the harm sought to be entailed on the Whig party will recoil on its authors :-
The undersigned, members of the select committee to whom was re- ferred the bill to reorganize the Senatorial districts of this State, dissent- ing from the report of the majority of said committee in favor of said bill, (and which they have not seen prior to its presentation,) beg leave to state the ground of their opposition to it.
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They consider it inexpedient, because, the precedent of change being once set, constant changes will be made to suit the caprice or increase the influence of the political party that may for the time be in power ; and there will not be that stability of representation in the Senate so much to be desired, and which has not yet been attained under the present organi- zation. Moreover, it is, and is avowed to be, a mere party measure, to strengthen the present dominant party, when it cannot be denied that, considering the near equality of parties in strength, the present arrange- ment is as close an approach to what is due to each as can well be made. It is not pretended that the public interest calls for the passage of the bill.
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But, passing from these considerations, which only address themselves to the sound discretion of Senators, the undersigned present an objection which they believe to be insurmountable, one in relation to which there is no division,-namely, the unconstitutionality of the proposed act. If they be right, (and they have no doubt of being so, ) this party attempt ought to be frustrated by the interposition of the constitutional shield. The Con- stitution (as amended in 1842 and 1843) declares that the "Senate shall consist of forty-seven members, and shall be composed of one member from each district, which district shall be composed of two contiguous counties, not including the county with the largest representative population, which shall constitute a separate district, which districts shall be arranged and organized by the General Assembly at the session when this (amendment) shall be adopted; and if any new county shall be hereafter formed, it shall be annexed to one of the districts from which it may be taken." This is the whole authority to the General Assembly in relation to the Senato- rial districts. It was executed by the General Assembly of 1843, which adopted the amendment to the Constitution. Like any other power limited as to time and persons executing, it was then spent, and it cannot by any rule of construction be held to be a continuing power to any body by the same name subsequently convening. That this position is correct is shown by referring to the same amendment of the Constitution in relation to organization of the House of Representatives. After limiting the number of members to one hundred and thirty, allowing two Representatives each to the thirty-seven counties having the greatest population, and one to each of the other counties, it declares that " the said apportionment" (of Representatives) "shall be made by the General Assembly, at the ses- sion by which this section shall be adopted as an alteration of the Consti- tution, by an act to be introduced after the adoption thereof, and A NEW APPORTIONMENT SHALL BE MADE AT THE SESSION NEXT AFTER EACH FU- TURE ENUMERATION OF THE INHABITANTS OF THIS STATE, MADE UNDER THE CONSTITUTION AND LAWS THEREOF, BUT AT NO OTHER TIME."
The grant of power relative to the Senate ceases with its execution by the General Assembly adopting the amendment of the Constitution. In the grant relative to the House of Representatives, the power authorized to be used by the General Assembly of 1843, in the apportionment of members, is required to be exercised again at each septennial enumera- tion of the people. Can two cases be found more in contrast with each other than these now are ? Is not the expression of authority in the one a clear exclusion of it in the other? And, if the exercise of the express power be limited to one time in seven years, how can the silence of the Constitution authorize a change of the Senatorial districts at any time the General Assembly may deem expedient ?
It may be urged against the position taken that the fact of the county having the largest representative population being required by the Con- stitution to be made a separate district authorizes a change of the Sena- torial districts,-because it may be ascertained at some future enumera- tion that the greatest representative population is in some other county than that which now forms a district of itself, and that such county must be disconnected from the one with which it is now associated, and Chatham connected with one of the counties contiguous to it.
The answer is that, at the time the Constitution was amended, Chatham was known, from the last enumeration, to have the largest representative population ; and, if the framers and enactors of the amendment could have
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overlooked the importance to that county (considering the diversified in- terests therein) of separate representation in the Senate, they cannot be considered as guilty of the folly of requiring the breaking up and re- organizing of a large number of the districts, after every enumeration, for the purpose of providing for one county. It is not so expressed, and such folly is not to be presumed. Moreover, even if it be so, Chatham yet has the largest representative population ; and there can be no ground for the change of districts proposed until some other county have outstripped her in population and this be shown by septennial enumeration ; and whatever changes may be made in other districts should only be such as are necessarily connected with the transfer of Senatorial influence from Chatham to the more fortunate county. But the bill does not propose to interfere with Chatham, and therefore is without even the flimsy support upon which it may be supposed to rest.
The undersigned have spoken briefly and plainly, because they desire to be understood when they oppose a measure which they consider violative of the Constitution.
ANDREW J. MILLER, BLOUNT C. FERRELL, PETER E. LOVE.
His course in the Presidential canvass of 1852 is shown by the following correspondence :-
ELBERTON, October 6, 1852.
HON. A. J. MILLER :-
DEAR SIR :- Some of your friends in Elbert, hearing it is your intention to support the independent Union ticket for Pierce and King, recommended by the people of Cass county, desire that you would appoint some day convenient to yourself to address them on the Presidential elec- tion.
Very respectfully, THOS. W. THOMAS.
AUGUSTA, October 13, 1852.
THOMAS W. THOMAS, Esq :-
DEAR SIR :- I very much regret that it is not in my power to comply with the request of my friends in Elbert county, made known to me in your favor of the 6th inst. It would afford me much pleasure to see and to talk with those with whom I have for so many years been politically associated, and who have always been found gallantly and successfully contending at home, even though we were defeated in other parts of the battle-field.
It is known to them that in the present Presidential contest I am not a supporter of Gen. Scott. I dislike exceedingly the influence which occasioned his nomination over Mr. Fillmore and Mr. Webster, and am unwilling to extend that influence in the administration of the Govern- ment by him.
It is also known that I am not a supporter of Mr. Webster. He is no candidate. He cannot be, when he has been before the nominating-con- vention, and has been beaten without any unfairness being practised toward him. I say he cannot be a candidate under such circumstances, because I speak of DANIEL WEBSTER.
Then for whom am I? In the exercise of a preference, I am in favor of Mr. Pierce. Why ? Because I am a Union man upon the Compromise measures, and believe him to be so too. I expect, and believe in, his full VOL. II .- 11
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enforcement of them so far as it is the duty of the Executive. Why do I expect and believe this? Because, from my own notice of his course in Congress, and the report of political opponents of his in this State, occupying positions favorable to correct observation, he presents in his past Congressional and public life " as fair a record" upon the questions connected with the institution of slavery "as any man north of Mason and Dixon's line." Moreover, while we Union men of Georgia were standing upon and defending the Compromise measures, he was taking and successfully maintaining the same position at the North. As Georgians, then, men loving and desiring to perpetuate our National Union, can we not lay aside our prejudices-our old party issues-for the time, and mani- fest our proper and just appreciation of a New Hampshire patriot who has the same desire that actuates us ? I certainly will, for one.
By what instrumentality shall I do this ? is the question ; and upon it is engrafted another :-- Why should not all the friends of Franklin Pierce unite in the support of the "regularly-nominated Democratic ticket" of Electors ? It is said you are not voting for the men composing it, but simply appointing them, by your votes, to vote for Pierce and King. With me there is always to be desired a fitness in things,-an agent appreciating and sympathizing with the views of the constituent. Then how can I, a Union man, (desiring to vote for Mr. Pierce only on the principles of the Union party,) constitute Southern-Rights men, (with one exception,) now calling themselves Democrats, my agents, to give my vote ?. They don't believe as I do upon the questions which control my vote : the very convention that nominated them dodged the Compromise; and they themselves have not, so far as I am informed, since their nomi- nation, signified publicly their determination to abide by and insist upon the adjustment made by Congress.
Again, who is made prominent and powerful by the election of the " regu- lar" ticket ? The Southern-Rights men and their adherents; and this, too, without any disclaimer of the opinions they have held and endeavored to carry out during the last two years! Can I do this? Is there any fit- ness in it ? Can I aid in the promotion of a man who desires, (as one of that ticket is reported to desire,) " when his spirit is wafted to heaven on angels' wings, to look back on the broken fragments of the American Union" ? I will not. If a ticket had been made at Atlanta, composed of Union and Southern-Rights Democrats, I would vote for it, regarding such an arrangement as evidence of the willingness of the Southern-Rights men to acquiesce in the Compromise measures. It was not done; and the Union Democrats are required to submit to and support men to whom, with one exception, they have been opposed upon a vital question far above all former tests, to surrender themselves as prisoners, and follow in the procession that will grace the triumph of those whom they have heretofore beaten. Will you do it, old Democrats as you are? Never, never ! And there are thousands of your old Democratic friends that will not. You will vote, as I and other Whigs will, for what some in derision call the "Tugalo ticket." Take the name and keep it; bear it forward, as I know you will, with honor. It may yet cast the vote of the State, and thus (like our own " Yankee Doodle" in Revolutionary and national history) a name may come to you from your enemies which in after-years will be magnified and honored because of the energy, spirit, and success of those who received it. This ticket may, and I hope will, be an event in the history of Georgia. Be not deterred by the idea of the expense
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occasioned by the convention of the Legislature. That is small in com- parison with the good that, in my view, will come. And, moreover, it will be the fault of the Southern-Rights Democrats if that expense should occur. Why did they not make a ticket at Atlanta, and thus prevent such a result ?
My friends in Elbert have, in the foregoing lines hurriedly written, my views. I know their sterling integrity of character ; and, if they think differently from me, the loss is mine, not theirs.
Very truly, your obedient servant, ANDREW J. MILLER.
After the session of the Legislature in 1853-54 had closed, Mr. Miller announced his intention to withdraw from further service of the kind. His card is subjoined, with an editorial caption from one of the Augusta papers :-
RETIREMENT OF MR. MILLER.
The numerous friends of the Hon. A. J. MILLER, not only in this county, but throughout the State, will learn with regret his determination to retire from the Legislature. He has long been a faithful public servant, and has served his constituents and the State with marked ability. .
To the People of Richmond County.
The last trust reposed by you in me has been discharged,-whether to the extent of your expectations, you alone can determine. I can only say that on all occasions you have had my best services, and that no opportu- nity has been lost to make a proper effort in your behalf, where your interests were involved.
For nearly eighteen years, at each session of the Legislature, I have represented you ; and, although I know that my services have not been valueless, I never can forget your confidence and support. For these I tender you my heart-warm acknowledgments.
From many considerations, it is necessary that I should retire from your service ; and I give you this notice of my determination to do so in order that you may in time look for a successor,-one who, I trust, will better and more ably represent you, and in and of whom your confidence and support will be as steadfast as they have been in relation to myself.
I cannot close this communication without another acknowledgment. I refer to the people of Columbia county, who, as well as yourselves, were represented by me during the continuance of the Senatorial District sys- tem, and to whom I owe the honor of being the only Senator who was consecutively returned. Columbia previously had claims upon me of an interesting and binding character, apart from any political association with her ; and the wishes of her people would at any time have terminated my Senatorial candidacy. They, however, nominated me repeatedly in their county meetings, and without the slightest opposition. I shall ever feel sensibly and grateful for their confidence, which, I trust, has not been disappointed ; and the recollection of the honor conferred will be among the last of life's remembrances.
Very respectfully, your fellow-citizen,
ANDREW J. MILLER.
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He was prevailed on by his constituents to go back once more ' to the Senate. It was his last! Returning home a few days to attend court, he was taken ill, and died in the arms of his family, February 3, 1856, at the age of fifty years,-too soon for his country, but ripe enough for fame. The event took the public by surprise. A wail of grief sounded through the land : a public benefactor had fallen ! A number of newspaper-articles, the pro- ceedings of the Legislature, and other manifestations of respect for his memory, are submitted :-
(From the Chronicle and Sentinel, February 5, 1856.)
DEATH OF THE HON. A. J. MILLER.
Little did we imagine, when we penned the paragraph, Saturday even- ing, announcing his extreme illness, that we should be so soon required to perform the melancholy duty of announcing the death of the Hon. ANDREW J. MILLER. Yet it is true,-a sad, oppressive truth. He died about eight o'clock, Sunday morning. The loss of such a man, so uni- versally beloved and esteemed, and of such great usefulness in all the relations of life, public and private, is a great calamity to the city of Augusta and the State at large. But we have not time to say more now. At our request, a gentleman whose distinguished ability, and whose long and intimate acquaintance with and devoted friendship for the deceased, eminently fit him for the melancholy task, has prepared a more extended and much more appropriate notice of our honored fellow-citizen and friend, which we append :-
The drapery in which our paper goes out this morning is faintly typical of the feeling which pervades our population. Augusta mourns. One of her ablest, best, best-beloved citizens has fallen,-fallen in her service,- a victim to that service. ANDREW J. MILLER is no more! Although sorrow for the honored dead will be most intense in the city of his late residence, we are all aware it will not be confined to her limits. This announcement will go laden with heavy grief to every portion of our State,-even to her farthest borders. It will spread the pall of gloom over our Capitol, and sadden the hearts of Senators and Representatives now there sitting in General Assembly. How sadly will they realize that one of their wisest, purest, most trusted associates will mingle no more forever in their counsels ! How mournfully will they gaze upon that vacant chair, so long graced by the occupancy of the SENATOR from RICHMOND! In attempting a brief sketch of a life surpassingly useful and honorable, we aspire not to present a merited eulogy; we but seek relief from over- whelming sorrow through the channels in which our feelings are wont to flow out.
The deceased was born and reared in the county of Camden, in this State, where his worthy parents lived long and have recently died lamented. His academic education was completed at West Point, where, whilst his mind was stored with useful knowledge and his character set in the mould of firm consistency, he acquired a taste for and familiarity with military tactics which won him distinction among our citizen-soldiery,
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and afforded pleasant recreation throughout a life of severe and well- directed toil.
His professional studies, preparatory to admission to the bar, were com- menced in St. Mary's and completed in this city, where, in the year 1825, before attaining the age of manhood, under a special act of the Legisla- ture, he was licensed to practise law. His professional career opened with no flourish of trumpets, no extravagant predictions of future renown, (often put out to aid in accomplishing the end foretold ;) nor was it sig- nalized by the efficient support of active influential friends His prospects were such as intrinsic merit opened to him, his destiny just what he would make for himself. This he well knew ; and with noiseless step, but with firm purpose, and untiring industry, and perfect integrity, he entered the lists with competitors already known to fame.
How he succeeded let the records of our courts, let his numerous faithfully-served and grateful clients, let his professional brethren, who honored and loved whilst they wrestled with him, let the judges whose administrations have been illumined by his forensic efforts,-let these testify.
Gradually this professional advancement developed traits of character and of mind to be limited to no mere routine-course of life, to be confined to no single pursuit.
Attracting the attention and winning the confidence of all who held intercourse with him, the counsellor-at-law became the adviser-general of the community. In the administration of estates, in municipal affairs, in financial operations, in enterprises to advance commerce and extend internal improvements, in legislation and in politics, his personal co-operation, and often his leading action, were largely demanded by an appreciating public, and freely and efficiently yielded by this self-sacrificing man. In the year 1836, he was literally pressed into the service of Richmond county, as a Representative in the popular branch of the State Legislature. The year following, without solicitation or effort on his part, he was promoted to the Senate, in which body he has from that time to the present continu- ously represented the same devoted and grateful constituency. What ANDREW J. MILLER was in the community of Augusta he soon became in the Legislature of Georgia,-a man of all work, efficient in all things, trusted and deferred to by all men of all parties.
Twice elected President of the Senate, he discharged the delicate and difficult duties of that prominent position with signal dignity and ability. We hazard nothing in saying that, in the history of our State, no man has for a period of twenty years wielded an influence so large and benefi- cent over the Legislature of Georgia. Posterity will find his footprints in legislation for educational, financial, judicial, and internal-improvement purposes,-nay, wheresoever they trace progress in reform or advance in true civilization. Higher stations were within his reach, and, had he lived, would probably have been forced upon his acceptance; but these could have conferred no higher honor than he enjoyed.
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