Augustus Octavius Bacon
Encyclopedia
Augustus Octavius Bacon (October 20, 1839 February 14, 1914) was a U.S.
politician
. He served as a Democratic Party senator from Georgia
.
. He graduated in 1859 from the University of Georgia
(UGA) in Athens
, Georgia
, and from the University of Georgia School of Law
in its inaugural class of graduates in 1860. While at UGA, he was a member of the Phi Kappa Literary Society
.
He was a soldier in the army of the Confederate States of America
during the American Civil War
, and then, after Georgia returned to the United States, he served in the Georgia State House of Representatives from 1871 to 1886, for much of that time as House speaker.
Bacon was elected as one of Georgia's United States Senators
in 1894 and was re-elected to three subsequent terms. Bacon held several committee chairmanships (Committee on Engrossed Bills, Committee on Private Land Claims, Committee on Foreign Relations). He served as the President pro tempore of the United States Senate
from from 1911 to 1913
.
While in the Senate, Bacon was one of a number of members of Congress who tried to get "better" streets in Washington, D.C.
, named after their home states. Although most of these efforts failed, in 1908 Bacon succeeded in having Brightwood Avenue (or Brookeville Pike) renamed Georgia Avenue
. The old Georgia Avenue became Potomac Avenue.
Bacon died in Washington, D.C.
at the age of 74 and was buried at Rose Hill Cemetery
in Macon, Georgia
.
, the use of Bacon’s park was the subject of a Supreme Court
Case entitled Evans v. Newton which was decided in 1966. The Court held that the use of the park for “whites only” was invalid under the Fourteenth Amendment
Equal Protection Clause
. Because the park was held in trust by a public entity, the Court held that it could not exclude non-white persons. Although the city tried to maintain the segregationist intentions of Senator Bacon by transferring the trust to private trustees, Justice Douglas
’ majority opinion explained that a park is public in nature and may not exclude non-white persons from using the park for recreation.
The park was the subject of a subsequent Supreme Court case, Evans v. Abney, which was decided in 1970. After the Court held that Senator Bacon’s park was unable to perform a segregationist function, the state court held that “Senator Bacon’s intention to provide a park for whites only had become impossible to fulfill and that accordingly the trust had failed and the parkland and other trust property had reverted by operation of Georgia law to the heirs of the Senator.” The decision involved the doctrine of cy pres, and it was necessary for the court to determine Senator Bacon's probable intention in the matter. The Court concluded that, if Senator Bacon had been able to know that his objective was impossible or illegal, he would have preferred that the land revert to his heirs. The Supreme Court of the United States
affirmed the decision of the Supreme Court of Georgia, holding that refusing to apply the doctrine of cy pres did not violate the Fourteenth Amendment
to the United States Constitution
.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
politician
Politician
A politician, political leader, or political figure is an individual who is involved in influencing public policy and decision making...
. He served as a Democratic Party senator from Georgia
Georgia (U.S. state)
Georgia is a state located in the southeastern United States. It was established in 1732, the last of the original Thirteen Colonies. The state is named after King George II of Great Britain. Georgia was the fourth state to ratify the United States Constitution, on January 2, 1788...
.
Biography
Augustus Octavius Bacon was born in Bryan County, GeorgiaBryan County, Georgia
Bryan County is a county located in the U.S. state of Georgia. As of 2000, the population was 23,417. The 2007 Census Estimate shows a population of 30,132...
. He graduated in 1859 from the University of Georgia
University of Georgia
The University of Georgia is a public research university located in Athens, Georgia, United States. Founded in 1785, it is the oldest and largest of the state's institutions of higher learning and is one of multiple schools to claim the title of the oldest public university in the United States...
(UGA) in Athens
Athens, Georgia
Athens-Clarke County is a consolidated city–county in U.S. state of Georgia, in the northeastern part of the state, comprising the former City of Athens proper and Clarke County. The University of Georgia is located in this college town and is responsible for the initial growth of the city...
, Georgia
Georgia (U.S. state)
Georgia is a state located in the southeastern United States. It was established in 1732, the last of the original Thirteen Colonies. The state is named after King George II of Great Britain. Georgia was the fourth state to ratify the United States Constitution, on January 2, 1788...
, and from the University of Georgia School of Law
University of Georgia School of Law
The University of Georgia School of Law is a graduate school of the University of Georgia. Founded in 1859 and located in Athens, Georgia, USA, Georgia Law was formerly known as the Lumpkin School of Law. The Law School is the second oldest of the University's schools and colleges. The University...
in its inaugural class of graduates in 1860. While at UGA, he was a member of the Phi Kappa Literary Society
Phi Kappa Literary Society
The Phi Kappa Literary Society is a college literary society, located at the University of Georgia in Athens, Georgia.The Society was founded in 1820 by Joseph Henry Lumpkin, later to become the first Chief Justice of the Supreme Court of Georgia and eponym for the , and by William Crabbe, Edwin...
.
He was a soldier in the army of the Confederate States of America
Confederate States of America
The Confederate States of America was a government set up from 1861 to 1865 by 11 Southern slave states of the United States of America that had declared their secession from the U.S...
during the American Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
, and then, after Georgia returned to the United States, he served in the Georgia State House of Representatives from 1871 to 1886, for much of that time as House speaker.
Bacon was elected as one of Georgia's United States Senators
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
in 1894 and was re-elected to three subsequent terms. Bacon held several committee chairmanships (Committee on Engrossed Bills, Committee on Private Land Claims, Committee on Foreign Relations). He served as the President pro tempore of the United States Senate
President pro tempore of the United States Senate
The President pro tempore is the second-highest-ranking official of the United States Senate. The United States Constitution states that the Vice President of the United States is the President of the Senate and the highest-ranking official of the Senate despite not being a member of the body...
from from 1911 to 1913
Presidents pro tempore of the United States Senate, 1911-1913
From August 14, 1911 to March 3, 1913, the office of President pro tempore of the United States Senate for the 62nd Congress rotated among five individuals. The sitting Senate President pro tempore William P. Frye resigned due to ill health on April 27, 1911. The Senate at that time was split...
.
While in the Senate, Bacon was one of a number of members of Congress who tried to get "better" streets in Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
, named after their home states. Although most of these efforts failed, in 1908 Bacon succeeded in having Brightwood Avenue (or Brookeville Pike) renamed Georgia Avenue
Georgia Avenue
Georgia Avenue is a major north-south artery in Northwest Washington, D.C. and Montgomery County, Maryland. Within the District of Columbia and a short distance in Silver Spring, Maryland, Georgia Avenue is also U.S. Route 29...
. The old Georgia Avenue became Potomac Avenue.
Bacon died in Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
at the age of 74 and was buried at Rose Hill Cemetery
Rose Hill Cemetery (Georgia)
Rose Hill Cemetery is in Macon, Georgia, U.S. The cemetery opened in 1840. It was a hangout and artistic inspiration for the Allman Brothers Band during their early years...
in Macon, Georgia
Macon, Georgia
Macon is a city located in central Georgia, US. Founded at the fall line of the Ocmulgee River, it is part of the Macon metropolitan area, and the county seat of Bibb County. A small portion of the city extends into Jones County. Macon is the biggest city in central Georgia...
.
Legacy
After his death, Senator Bacon’s 1911 will established a “whites only” park in Macon which was to be held in trust by the city. During the Civil Rights MovementCivil rights movement
The civil rights movement was a worldwide political movement for equality before the law occurring between approximately 1950 and 1980. In many situations it took the form of campaigns of civil resistance aimed at achieving change by nonviolent forms of resistance. In some situations it was...
, the use of Bacon’s park was the subject of a Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
Case entitled Evans v. Newton which was decided in 1966. The Court held that the use of the park for “whites only” was invalid under the Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
Equal Protection Clause
Equal Protection Clause
The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws"...
. Because the park was held in trust by a public entity, the Court held that it could not exclude non-white persons. Although the city tried to maintain the segregationist intentions of Senator Bacon by transferring the trust to private trustees, Justice Douglas
William O. Douglas
William Orville Douglas was an Associate Justice of the United States Supreme Court. With a term lasting 36 years and 209 days, he is the longest-serving justice in the history of the Supreme Court...
’ majority opinion explained that a park is public in nature and may not exclude non-white persons from using the park for recreation.
The park was the subject of a subsequent Supreme Court case, Evans v. Abney, which was decided in 1970. After the Court held that Senator Bacon’s park was unable to perform a segregationist function, the state court held that “Senator Bacon’s intention to provide a park for whites only had become impossible to fulfill and that accordingly the trust had failed and the parkland and other trust property had reverted by operation of Georgia law to the heirs of the Senator.” The decision involved the doctrine of cy pres, and it was necessary for the court to determine Senator Bacon's probable intention in the matter. The Court concluded that, if Senator Bacon had been able to know that his objective was impossible or illegal, he would have preferred that the land revert to his heirs. The Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
affirmed the decision of the Supreme Court of Georgia, holding that refusing to apply the doctrine of cy pres did not violate the Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
to the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
.