Augustus Summerfield Merrimon was an American jurist.
Background
Augustus Summerfield Merrimon was born on September 15, 1830, at Cherryfields, in Buncombe (now in Transylvania) County, North Carolina. His father, Branch H. Merrimon, a Methodist minister and farmer, was a native of Virginia; his mother was Mary Paxton of North Carolina.
Education
Merrimon's boyhood, spent in Haywood County, was one of hard labor on the farm and in a sawmill, with limited educational opportunity; but he "studied between the plow handles, " and was able later to have more than a year at school in Asheville, serving part of the time as a junior teacher. He then began to study law.
Career
Receiving his license in 1853, Merrimon began practice at Asheville and was soon made a county attorney. In May 1861 he was commissioned captain in the commissary department and was stationed successively at several posts in the state, but when later in that year he was appointed a solicitor of a western district he accepted and served until 1865. The position was no sinecure during those years of war, with lawlessness flagrant and sedition common, and the performance of its duties took, perhaps, more courage than those of the field. He filled it with much credit and staunchly upheld the civil authority as superior to military power or to mob rule. Merrimon was instrumental in securing the candidacy of Vance for governor in 1862 and supported his administration loyally. In 1865 he was defeated for the "Johnson" convention, but the legislature elected him judge of the superior court. Here his task was perhaps as difficult as during the war, but he again proved his courage, decision, and initiative. He chafed under the interference of the army in judicial matters, and in 1867, when he was ordered to disregard the law and enforce military orders, he resigned, and moving to Raleigh began again the practice of law. For a short time, he was chairman of its executive committee and was offered the nomination for governor in 1868, but declined and instead accepted one for associate justice of the supreme court. Defeated, he was quietly active in politics during the next four years. In 1871 he was one of the counsel of the board of managers in the impeachment trial of Gov. William Woods Holden and had charge of the examination of witnesses. The following year he was nominated for governor and covered the entire state in his campaign. North Carolina had the first state election that year and both national parties made a determined effort to win, sending their leading men to participate in the contest. Against Merrimon was employed the whole power of the Grant administration as well as that of the state, and, while he drove his opponent from the stump, he was defeated by a small majority. He was promised by political leaders election to the Senate, but Vance was a candidate and secured the caucus nomination, which some of Merrimon's supporters in the legislature disregarded. After a deadlock, both withdrew, but the caucus again nominated Vance, and the Republicans voted with Merrimon's supporters and elected Merrimon. He served until 1879 when he was defeated by Vance, who had, in the meantime, been elected governor. In 1883 Governor Jarvis appointed Merrimon associate justice of the supreme court, and he filled the place until 1889, when he was appointed the chief justice. He served in this capacity until his death.
Achievements
Merrimon was an excellent trial judge and was highly regarded as an appellate judge, although he was in no sense a great one. He was a member of the North Carolina state legislature from 1860 until 1861 when the Civil War began.
Politics
In 1860, Merrimon went to the House of Commons and, as a Union Whig, opposed the secession movement, voting against submitting the question of a convention to the people and against all military preparation. After Lincoln's call for troops, however, he voted for calling the secession convention and at once enlisted. He vigorously opposed congressional reconstruction, cooperating with the Conservative party.
Membership
a member of the North Carolina state legislature
Personality
Merrimon was a straightforward, forceful, and magnetic man, a good speaker, and a warmly human person.
Connections
In 1852, Merrimon married Margaret J. Baird, the daughter of Israel Baird of Buncombe County.