Friday, September 11, 2009

Alan Cranston: a beating from Keating

Image from bioguide.congress.gov

The lifelong mission of Alan MacGregor Cranston was putting an end to the arms race. These efforts may have been the legacy of the Democratic Senator from California, and to some extent they are. Unfortunately for Cranston, his involvement in a scandal in the waning days of his government days would forever associate his name with a savings and loan scandal.

Cranston was born in Palo Alto, California, in 1914. After attending Pomona College and the University of New Mexico, he graduated from Stanford University in 1936. While at the university, Cranston became a noted track athlete and would keep up with the sport throughout his life. In 1969, the same year he began serving in the United States Senate, he set a world record in the 100-yard dash for 55-year-olds with a time of 12.6 seconds.

Following his graduation, Cranston joined the International News Service, the precursor to United Press International. In a later interview, Cranston claimed to be the first non-fascist journalist allowed into Germany under the Nazi regime. He only worked with the news service from 1937 to 1938, but it was a busy period in which he covered prewar occurrences in England, Germany, Italy, and Ethiopia. He later said that he left journalism because, "I didn't want to spend my life writing about such evil people and their terrible deeds; I'd rather be involved in the action."

Cranston got his chance in 1939, a matter of months before Germany invaded Poland. Having returned to the United States, Cranston spotted a copy of Adolf Hitler's Mein Kampf in a Macy's bookstore in New York City. Noticing that it was slimmer than the copies he had seen in Austria, Cranston was shocked to find that the English language version of the German dictator's memoir had been whitewashed to eradicate any mention of anti-Semitism or militarism. Moreover, every sale of the three-dollar book sent about 40 cents in royalties to Hitler.

Cranston responded by producing his own, unexpurgated take on Mein Kampf. Working from the original German version and two translations, Cranston produced a 32-page pamphlet in eight days. Released through a William Randolph Hearst publisher, the pamphlet made no secret of its intentions. The sections that had been cut out of the English translation were highlighted, and it included editorial commentary exposing Hitler's lies and deceptions. The cover showed Hitler carving up the planet against a red background, and boasted, "Not 1 cent of royalty to Hitler." Instead, the proceeds would go toward helping refugees from Europe.

The publication didn't last long. Houghton-Mifflin, the U.S. publisher for Mein Kampf, sued for copyright infringement. In a Connecticut court, Cranston's lawyer argued that the book's copyright had been secured in Austria, and had ceased to be valid once Germany annexed the country. The judge didn't go for it, and ordered a halt to production of the pamphlet. In the 10 days the pamphlet had been out, it had sold about 500,000 copies for a dime a piece.

Prior to the U.S. entry into World War II, Cranston worked for the Common Council for American Unity, an organization that helped European immigrants adjust to American life. From 1940 to 1944, he became chief of the foreign language division of the Office of War Information. The duties included explaining the rationale behind the war to German, Italian, and Japanese immigrants, as well as how price controls worked. In 1944, he declined a deferment and enlisted in the U.S. Army. Though he served until the end of the war, Cranston was soon taken out of the infantry to return to journalism in the field, which included writing up the war aims for soldiers. He was discharged as a sergeant.

In 1946, Cranston published The Killing of Peace, a book he had been working on during his service in the war. It focused on the failure of the United States to join the League of Nations after World War I, and encouraged the country to join the United Nations, the other world organization then coming into being. The New York Times named the work one of the top 10 books of the year.

Cranston's first noted work with demilitarization came when he became the national president of the United World Federalists in 1949. The organization called for strengthening the UN, including giving it "the power of law to control all weapons and prevent aggression," to make a more effective world federation. The first step would be the hardest, however. While speaking in support of a congressional disarmament proposal in 1950, Cranston said that the U.S. should not disarm "until all countries disarm under an effective control system." Meanwhile, the idea of creating a world federation was radical enough that Cranston had to fend off charges that the organization was linked to Communism, and it was revealed in 2003 that the Federal Bureau of Investigation began monitoring Cranston after World War II and continued doing so during his political career. Cranston remained president of the United World Federalists until 1952.

Cranston moved on to found the California Democratic Council and serve as its president from 1953 to 1958. He won his first political victory in 1958, when he was elected comptroller of the state. He served until 1967, leaving office after losing a re-election attempt, and spent the next few years in land investment and home construction, serving as president of Homes for a Better America and vice-president of Carlsberg Financial Corporation.

In the midst of these activities, Cranston launched another campaign: a bid for the Democratic nomination for U.S. Senator in the race to replace ailing incumbent Claire Engle. Though Cranston enjoyed the support of Governor Edmund "Jerry" Brown, the race became contentious when former JFK speechwriter Pierre Salinger entered the race as another popular candidate. Salinger was backed by Jesse Unruh, the speaker of the state assembly, who knew that his perception as something of a political boss would hurt Salinger if he ever publicly declared support. Cranston declared that Unruh would "take violent sides in a Little League game if he thought he could own the winner."

In the first attack on his fundraising methods, a former state inheritance tax appraiser accused Cranston of selling lucrative posts in exchange for campaign contributions as comptroller. When the Salinger campaign took up the charges, Cranston responded by filing a $2 million libel suit against them. Salinger maintained the accusations, saying the people appointed by Cranston only kept their jobs due to contributions. The ugly race finally ended with Salinger winning the nomination, though losing the general election.

Cranston met with more success in the 1968 Senate race. He was matched up against Max Rafferty, the Republican state superintendent of public instruction. Though Crafferty blasted Cranston for his support of halting bombing in Vietnam and association with left-wing groups such as the California Democratic Council, Rafferty's own image was tarnished after news reports implicated him as a draft-dodger. Cranston won the election with 52 percent of the vote.

Cranston would go on to win another three terms, and served as the Democratic whip from 1977 to 1991. He chaired the Committee on Veterans' Affairs from 1977 to 1981, and again from 1987 to 1993, and ultimately held positions on the Foreign Relations, Intelligence, Banking, Housing, and Urban Affairs committees. He supported the Strategic Arms Limitation Talks and Anti-Ballistic Missile Treaty, threw his weight behind bills on environmental protection and civil rights, and was a strong supporter of Israel. Cranston introduced the California Desert Protection Act and a bill to allow journalists to keep their sources confidential. He also co-sponsored a bill in 1977 seeking to decriminalize the possession and non-profit sale of small amounts of marijuana and the Cranston-Gonzales National Affordable Housing Act.

For the early part of his career, Cranston's potential for embarassment came not from his actions, but from his family. His son, Robin, was accused of drugging his girlfriend, who was also a former Playboy Bunny. Robin was cleared of the charges in February of 1973 due to lack of evidence. However, he was arrested again six years later, this time on suspicion of trying to murder a different ex-girlfriend by strangulation and setting fire to her house. Robin's attempted murder and arson charges did not stay in the headlines for long, so it is unclear what happened with the case. In May of 1980, he died after he was struck by a van.

Cranston was also humbled some years later, when he sought the Democratic nomination for President. He became the first Democrat to announce his candidacy, in February of 1983, and based his platform entirely around nuclear disarmament. "There can be no cure for growing unemployment, decreasing productivity, the diminishing opportunity for individual Americans to enhance their well-being, if we continue to pour a mounting portion of our national resources - our money, our technological skills, the energies of our people and our government - into an arms race," he declared. His plan was to gain a foothold in the campaign through solidarity with voters who felt strongly on the nuclear issue, then begin building on the other issues.

In June of 1983, the New Republic reported that Cranston had spent $4,000 of surplus campaign funds from his 1980 re-election on voice lessons, speechwriting services, and travel and lodging expenses for his wife. He denied any wrongdoing, saying he had consulted with the Internal Revenue Service and Senate Ethics Committee on the matter. His senior assistant, Roy Greenaway, admitted that the funds were used for Cranston's wife for events "in which there was a role for her," while the other expenses aimed at making Cranston a better public speaker. It apparently wasn't enough. Though Cranston performed well in some non-binding votes, including a straw poll in Wisconsin, he dropped out of the race in February of 1984 after finishing seventh with only three percent of the vote in the New Hampshire primary. A Cranston campaign worker named Bernard Rapoport later attributed the failure to Cranston's lack of charisma, dry manner of speech, and poor appearance on television. "He was one of the most intelligent senators I have ever known," said Rapoport, "but he did not generate any excitement on the campaign trail."

Campaign violations continued to pile up on and around Cranston, although most were minor. The marketing director for a failed bank pleaded guilty in 1986 to having the bank make and hide an illegal contribution to Cranston's presidential campaign, although Cranston was found to be unaware of the impropriety. In 1988, Cranston was fined $1,500 for violations of the campaign laws in his 1986 re-election. There, it was found that his re-election committee did not report approximately $225,000 borrowed from 13 lenders within 60 days, and also that it accepted about $7,000 from contributors who exceeded the $1,000-per-individual limit. Four men were charged with illegally channeling funds exceeding the limit to a third-party candidate in an attempt to split the Republican vote. Finally, in June of 1989, Cranston was fined $50,000 by the Federal Election Commission for violations in his presidential campaign, including that he accepted too much money from his sister and several businessmen.

So while Cranston was well-known for his ability to raise funds for his campaigns, it often came at a price. The scandal that would most affect Cranston first appeared in a small story in the Los Angeles Times in June of 1988. According to the newspaper, public records showed that Republican businessman Charles H. Keating, Jr. of Arizona contributed $85,000 to the California Democratic Party and raised $40,000 for Cranston's 1986 re-election campaign. It was also noted that Cranston, a member of the Senate Banking Committee, and four other Senators met with federal regulators in April of 1987 to ask that they ease up on their investigation into the Keating-owned Lincoln Federal Savings and Loan Association in Irvine, California. Greenaway, again speaking on behalf of Cranston, said that the Senators were seeking to put a halt to over-regulation on the government's part. It would be another 10 months before the incident blossomed into the scandal involving the "Keating Five."

Keating, a businessman with interests in several states, acquired Lincoln in 1984. He proceeded to shift most of the institution's assets into riskier real estate investments, foreign transactions, and other speculative ventures. Lincoln's practices also involved the sale of "junk bonds" and deceptive accounting that recorded the trading of empty lots as a profitable undertaking. Keating found himself under fire from state and federal regulators, who suspected him of failing to abide by federal disclosure and government accountability rules.

Lincoln collapsed in April of 1989, leaving 23,000 mostly elderly depositors devoid of their savings. The federal government took over the institution at a cost of about $2.6 billion to taxpayers. It was one of the larger blows of a growing savings and loan meltdown that cost the government hundreds of billions of dollars to bail out. With the fall of the institution, the meeting involving Cranston and the other Senators came under more scrutiny.

Aside from Cranston, the Keating Five included Democrats James DeConcini of Arizona, John Glenn of Ohio, and Donald Riegle of Michigan, as well as Republican John McCain of Arizona. All of the Senators except Riegle, who helped arrange the meeting, came together in DeConcini's office in April of 1987 to meet with Keating. Edwin Gray, a member of the Federal Home Loan Bank Board and President Ronald Reagan's chief regulator of savings and loan institutions, said Keating offered to return Lincoln to more traditional home loans if the Senators pushed to get rid of the direct investment rule. The promise would have rung rather hollow, considering the rule limited the amount of money that could be invested in high-risk ventures. The Senators all denied that the offer even took place.

In another meeting a week later with regulators in San Francisco, all of the Senators pressed for more deregulation against Lincoln. While the Senators said they were concerned that too much pressure was being placed on Lincoln, most backed off once it was revealed that the regulators were looking into possible criminal action against Keating. Cranston and DeConcini, however, continued to meet with regulators to advocate on behalf of Keating. Cranston met with regulators six times in a two-month period to keep abreast of the possible sale of the institution.

The Senate Ethics Committee received a request to investigate Glenn in September of 1989, and then another one seeking an inquiry into the entire group in October of 1989. Cranston intially kept quiet about the scandal, postponing his marriage to his third wife so the ceremony would not be waylaid by reporters. Then in January of 1990, he came out swinging against Gray, calling him a "political hack" and accusing him of seeking scapegoats because the savings and loan crisis happened on his watch. He also said Gray treated the federal bank board to extended lines of credit and lavish junkets. Cranston also showed no signs of being significantly rattled in a May 1990 interview. "It's a big nuisance," he said. "I think you're fair game when you're in public life for whoever wants to take you on." He also lamented that he would have to raise money for both a legal defense fund and re-election campaign for the 1992 contest, and that some would see his image as a reformer compromised by his acceptance of campaign funds from a conservative Republican. "My words and deeds show that I am a reformer on many fronts," he said. "Then this thing blows up and it doesn't matter what I did."

The Ethics Committee began its hearings in November of 1990 and continued them until January of 1991. Shortly before they began, Cranston announced that he would not seek re-election in 1992. He had recently been diagnosed with prostate cancer.

During the hearings, it was found that Keating had donated $1.3 million to the five senators. Cranston, whose constituencies included Lincoln, received a disproportionately large share: close to a million dollars. Some of the funds went toward his campaigns, but the majority of that money went toward voter registration groups supported by Cranston, though there was some question of whether the groups (one of which was headed by another son) were actively seeking to recruit more Democrats than Republicans. In November of 1990, Cranston testified that it was "politically unwise and stupid" to meet with Keating in the way he and the other senators did, but insisted that he had done nothing wrong. The unfortunate truth of politics, he said, was that those who contributed money had easier access to politicians, and it was only natural that they would seek some return on their investment.

In February of 1991, the committee released its initial findings. The chief counsel, Robert S. Bennett, charged Cranston with soliciting or taking donations from Keating on four occasions that correlated with political actions that favored Keating. Among the findings were a hint from Cranston's chief fundraiser in January of 1987 that contributors, including Keating, would "rightfully expect some kind of resolution" on Lincoln's problems; a call to the regulatory board of the savings and loan institutions shortly after Keating's aides delivered $250,000 to his campaign in November of 1987; and, in an incident Cranston denied, a dinner in Los Angeles in January in 1988 in which Cranston came up to Keating, patted him on the back, and said, "Ah, the mutual aid society."

The committee declared that Cranston acted improperly, and that there was "substantial credible evidence" of his official activity being influenced by Keating campaign funds. The other four Senators got off with written rebukes, while Cranston's case entered a long period of bipartisan stalemate over how to proceed on the matter. In August of 1991, Republican Senator Jesse Helms of North Carolina, a member of the committee, leaked Bennett's recommendation: censure for Cranston.

The case was finally resolved in November of 1991, when Cranston accepted a reprimand from the committee for "improper and repugnant conduct." The action avoided a formal floor vote, and was motivated at least in part by Cranston's illness and decision not to run again. Although his punishment was not much more severe than the other four senators in the Keating Five, Cranston was incensed and let the Senate know. He said the rest of the chamber would be unable to look clean after the scrutiny he had gone through, and that his actions were normal for the Senate. "You are in jeopardy if you ever do anything at any time to help a contributor -- no matter how worthy the cause, no matter how proper the need for help and no matter how proper the help you render," he said. "I stand before you as an illustration of that jeopardy." At the same time, Cranston urged that money be removed as a factor from campaigns. He said he had narrowly won his last election after spending $11 million, and that such contests made politicians more concerned with getting money than with serving the people. "There is only one way to get out: get money out of politics," he said. "Enact public financing and enact it now."

The speech drew some angry outcry from other Senators. Republican Warren Rudman of New Hampshire called it a smear on the Senate, and said testily, "Everybody does not do it." Republican Trent Lott of Mississippi also criticized Cranston. "The accused, who frankly was getting off quite lightly, in effect became the accuser," he said. Keating would go to prison after being convicted of racketeering and fraud charges, but his 12-year sentence was overturned in 1996 after it was determined that the jury was biased by the savings and loan crisis and did not have enough evidence to convict him. In the 1992 election, Democrat Barbara Boxer was elected to Cranston's seat.

After returning to Palo Alto, Cranston joined the U.S.-Kyrgyz Business Council and also served as senior international adviser to the Schooner Capital Corporation. In 1996, he partnered with former Soviet President Mikhail Gorbachev to chair the Gorbachev Foundation/USA, an organization advocating nuclear disarmament. In 1999, he founded his own organization with the same goal in mind, the Global Security Institute. The next year, he co-founded the Nuclear Threat Reduction Campaign. While the Keating scandal never came up in the 2000 interview, which took place at UC Berkeley, he again called for the removal of money as a factor in campaigns, echoing his argument from nine years before: "[U]ntil we get money out of politics, money is going to affect every issue that comes along, often adversely to the interests of the public." On New Year's Eve of that year, Cranston died of natural causes unrelated to his cancer diagnosis.

Sources: The Biographical Directory of the United States Congress, "Justice Douglas A Vice President Of Federalists" in the Evening Independent on Feb. 18 1950, "World Federalists Deny Communist Tie" in the New York Times on Feb. 25 1950, "Group Supports Call To Disarm" in the Toledo Blade on Jun. 22 1950, "Salinger-Cranston Senate Race Absorbs California" in the Toledo Blade on May 4 1964, "Cranston Sold Jobs, Ex-Appraiser Claims" in the Los Angeles Times on May 21 1964, "The Difficulty of Selling Soap" in Time on May 29 1964, "Salinger Issues Reply To Cranston Libel Suit" in the Los Angeles Times on May 30 1964, "Salinger Defeats Cranston" in the Eugene Register-Guard on Jun. 3 1964, "Who's New In The Senate" in Time on Nov. 15 1968, Copyright's Paradox by Neil Netanel, "Jury Clears Senator's Son" in the Eugene Register-Guard on Feb. 10 1973, "Cranston Backs 'Pot' Decriminalization" in the Los Angeles Times on Feb. 4 1977, "Senator's Son A Suspect" in the Spokesman-Review on Feb. 19 1979, "Didn't Leave Will" in The Bulletin on May 21 1980, "Cranston Starts Longshot Run For Presidency" in The Ledger on Feb. 3 1983, "Cranston Used Funds For Voice Lessons" in the Gainesville Sun on Jun. 5 1983, "First To Enter, Cranston Becomes First To Exit" in The Ledger on Mar. 1 1984, "Ex-Bank Aide In Guilty Plea" in the New York Times on Jun. 7 1986, "Sen. Cranston Went To Bat For Big Contributor" in the St. Petersburg Times on Jun. 14 1987, "Cranston Fined For 1986 Campaign Law Violations" in the Los Angeles Times on Jun. 7 1988, "Cranston To Pay Penalty For Campaign Violations" in the Los Angeles Times on Jun. 30 1989, "4 Men Are Accused of Election Fraud" in the New York Times on Dec. 15 1988, "Cranston Inquiry Widens To Include Signups of Voters" in the New York Times on Dec. 6 1989, "Cranston Decides To Fight In Effort To Overcome Image In Savings And Loan Failure" in the New York Times on Jan. 21 1990, "Washington At Work; Cranston, A Picture Of Calm In The Eye Of A Political Storm" in the New York Times on May 18 1990, "Citing Cancer Of Prostate, Cranston Rules Out '92 Bid" in the New York Times on Nov. 9 1990, "Cranston Accused Of Helping Keating For Contributions" in the Deseret News on Nov. 16 1990, "You Sold Your Office" in Time on Nov. 26 1990, "Cranston Says He Was 'Unwise' In Dealings With S&L" in the New York Times on Nov. 30 1990, "Ethics Committee Singles Out Cranston" in the New York Times on Feb. 28 1991, "Cranston Censure Urged By Counsel" in the New York Times on Aug. 5 1991, "Cranston Rebuked By Ethics Panel" in the New York Times on Nov. 21 1991, "Senate Panel Reprimands Cranston" in the St. Petersburg Times on Nov. 21 1991, "Reprimanded Cranston Rails At Fellow Senators" in the Pittsburgh Post-Gazette on Nov. 21 1991, "FBI Watched Cranston For Years, Paper Says" in the Los Angeles Times on Aug. 27 2003, The Sovereignty Revolution by Alan MacGregor Cranston et al., Being Rapoport: Capitalist with a Conscience by Bernard Rapoport, Senate Elections by Alan I. Abramowitz and Jeffrey Allan Segal, Ethics In Congress: From Individual to Institutional Corruption by Dennis Frank Thompson, Encyclopedia of White-Collar and Corporate Crime, Vol. 2 by Lawrence M. Salinger, In the Ring: Trials of a Washington Lawyer by Robert S. Bennett, "Conversation with Alan Cranston" in UC Berkeley's Conversations with History series (available at http://globetrotter.berkeley.edu/people/Cranston/cranston-con0.html), "In Memoriam: Alan MacGregor Cranston" at gsinstitute.org

Thursday, August 27, 2009

James H. Lane: soldier of misfortune

Image from bioguide.congress.gov

Like William Hull, James Henry Lane could be considered as much or more of a military man than a politician. Though he had considerably more political experience than Hull, Lane nevertheless spent much of his time in the field. Ultimately, it was a mix of both political and military issues that led to Lane's downfall.

Lane was born in Lawrenceburg, Indiana, in 1814. After attending school and studying law, he was admitted to the bar in 1840 and opened up a practice in his hometown. While there, he became a member of the city council and speaker of the Indiana house of representatives. Six years after opening his practice, Lane left to join the Third Indiana Volunteers. Ultimately, he became a colonel and served in the Mexican War, leading a brigade at the Battle of Buena Vista. Upon returning home, Lane raised the Fifth Indiana Volunteers and served as Lieutenant Governor from 1849 to 1853.

Lane left this position after being elected as a Democrat to the House of Representatives in 1852. He served one term, during which his most noted vote was one in favor of the Kansas-Nebraska Bill and the repeal of the Missouri Compromise, an act that led to the "bleeding Kansas" struggles between pro- and anti-slavery settlers in the territory. Not one to shy away from trouble, Lane moved to the Kansas Territory after his term in the House and joined the anti-slavery "free state" faction.

In 1855, Lane became the chairman of the executive committee of the Topeka constitutional convention, which formed the first state government. He was also elected major-general of the Free State Troops, and organized the defense of Lawrence during the conflict in late 1855 known as the "Wakarusa War." The key feature of the defense was a network of rifle pits throughout the settlement's streets, ensuring that any attacking pro-slavery army would pay a high price. In a speech after Lawrence's successful defense from Missouri raiders, Lane declared, "That beloved Union, for the safety of which we trembled, will not again, we trust, be imperiled by a foreign force from a sister state invading our Territory. They must and will see the impropriety and injustice of meddling in our affairs until they become our fellow citizens."

Lane was known for such speeches in his efforts to encourage anti-slavery settlers to come to Kansas and in his general denunciation of slavery. In an 1856 speech, Lane blamed Franklin Pierce for the bloodshed, since the territory had been rejected for statehood, and arraigned the President as a murderer. The accusation referred to the government's decision that year to not recognize a memorial presented to Congress requesting statehood. Senator Stephen A. Douglas of Illinois accused Lane of perpetrating fraud, since the memorial was plagued with added sentences and several signatures that appeared to be in the same handwriting. An incensed Lane challenged Douglas to a duel, but Douglas refused to accept, saying Lane was not a Senator and therefore not his equal. The rebuke was especially cutting because the Topeka government had appointed Lane to sit in the Senate if statehood was granted. According to John Speer, a compatriot and biographer of Lane, Douglas and Lane eventually became friends due to the approaching Civil War, and Lane mourned Douglas when he died a few months after the conflict began.

Lane continued his activities against pro-slavery men in Kansas, earning him the nickname "The Grim Chieftain." When raiders sacked Lawrence in May of 1856, Lane gathered troops from Iowa and Nebraska and entered Kansas to bolster the anti-slavery forces and drive out raiders. During the same month, Lane was indicted for high treason. The New York Times, in Lane's obituary, reported that Douglas County handed down the indictment for Lane's support for the Topeka government, while historian Donald L. Gilmore says the indictment was handed down by a U.S. district court chief justice who charged Lane and a number of other anti-slavery leaders with resisting territorial laws.

The indictment led Lane to keep out of sight more than usual, but by the next year he was back on the scene, assisting with efforts to remove raiders from Bourbon and Lion counties. He served as president of the Leavenworth constitutional convention, and was elected major-general of the Kansas troops by the territorial legislature. Lane also corresponded with John Brown during 1857, appointing him a brigadier-general and encouraging him to come to the territory to fight. Brown declined, as he was making preparations for his famed 1859 raid against Harper's Ferry in Virginia.

Lane's first serious trouble came in June of 1858, when he shot and killed fellow free state leader Gaius Jenkins as Jenkins came onto land that both men claimed in order to get water from a well. According to Lane's account, Jenkins was accompanied by three other armed men, and he did not open fire himself until three shots had been leveled at him, including one that struck him in the knee. Lane was charged with homicide, but ultimately released on the grounds of self-defense. The incident haunted Lane for at least another year, when a public resolution called him a coward and murderer and said the incident "adds one more infamous page to a life of treason, stratagem, and spoils." In a response published in the Lawrence Republican in March of 1859, Lane declared that he had not expected to kill Jenkins. "It is true that Mr. Jenkins fell by my hand," he wrote. "But no one has more deeply felt or grievously mourned that misfortune than myself."

After Kansas was admitted to the Union as a state in early 1861, the legislature elected Lane to the U.S. Senate with 55 votes, a slight majority over Samuel C. Pomeroy, the other man appointed. By this time, Lane had fallen in with the Radical Republicans, who not only opposed slavery but supported civil rights for African-Americans. He had also fallen on poor times. Speer said that when Lane was elected, he was so poor that he "was refused credit for a loaf of bread in Lawrence."

With the Civil War underway, one of Lane's most notable actions was commanding the Frontier Guard. Made up of Kansas troops, the Guard was raised for the defense of Washington, D.C. in the early part of the war. They were even camped in the East Room of the White House for a time, according to the New York Tribune. Lane also sent the men on a few offensive actions, including an attempt to capture Confederate general Robert E. Lee. While this failed, they did manage to capture the first rebel flag of the war from the homestead of a secessionist.

In June of 1861, President Abraham Lincoln nominated Lane to be brigadier-general of the volunteers. Lane accepted, and for four months commanded the Kansas Brigade, made up of three volunteer units. Following the retreat of Union troops at Wilson's Creek and threats of further violence by pro-slavery raiders, Lane gathered troops and fought skirmishes at Dry Wood and Papinsville. He then led the men on to sack Osceola, Missouri.

Lane's military activities back in the West weren't exactly conducive to his duties as a U.S. Senator. Following his nomination to be brigadier-general, the Judiciary Committee determined that he "virtually resigned his seat." Governor Charles Robinson appointed Frederick P. Stanton, a former governor of the Kansas Territory, to fill the vacancy. Robinson was not very fond of Lane, resentful of his influence and troop-raising activities, which were not strictly within his authority. Though the Senate considered the question of whether Lane was "not entitled to a seat in this body," the seat remained Lane's when the question was amended in January of 1862 to remove the word "not" and accepted.

Though Lane's hope was to raise an expedition of Kansas troops, Native Americans, cavalry, and artillery to invade the southwestern portion of Confederacy, the idea was abandoned due to impracticality. Nevertheless, Lane continued to see action in the West during the Civil War. In July of 1862, he was named commissioner to superintend the recruitment of volunteers.

One noted result of Lane's recruiting efforts was the First Kansas Colored Volunteers, the first black regiment created in the Union army. He sent agents throughout the Union to raise troops, but ultimately the War Department asked that it be put to a stop after receiving complaints that it was hindering efforts to recruit white men. Undeterred, Lane continued to muster troops without federal or state backing. He even hired black recruiting agents, promising pay equal to their white counterparts. Eventually, the regiment received federal authorization.

Already an enemy of pro-slavery forces in Kansas, Lane's activities and declarations (including one that overthrowing slavery would destroy the Confederacy) did nothing to endear him to them. One goal of William Quantrill's 1863 raid on Lawrence was to find and kill Lane. Though his house was one of some 185 buildings torched, Lane was not among the approximately 150 casualties of the massacre. He had managed to escape through a window and nearby cornfield. Enraged by the attack, he called for western Missouri to be converted into "a desert waste." He also pressured a local brigadier-general to pass an order calling for the inhabitants in four Missouri counties to evacuate if they were not loyal to the Union and relocate to a military post if they were. In October of 1864, Lane was named volunteer aide-de-camp when martial law was proclaimed in Kansas.

Lane managed to find some time in these adventures to do work in the Senate. He chaired the Committee on Agriculture during 1864, and also helped to get the Union Pacific Railroad moved three miles to access Lawrence and Topeka. When the railroad requested $300,000 to counteract the loss of funds the diversion would cause, Lane responded, "Before you get a dollar out of that burned and murdered town, you will take up every stump, and every old log you have buried in your grade to save money, and stone-ballast every rod to Lawrence; and even then, when you get your first subsidies, let Jim Lane know!"

When the war concluded, the Chicago Tribune published an account suggesting that a U.S. Senator was personally receiving $20,000 in a deal involving Indian Bureau transactions and military contracts. Though the newspaper didn't name anyone, the Boston Commonwealth suggested it could be Lane. He denied any involvement in such a deal, and was supported by the Senators from Indiana, who declared him innocent after looking the matter over.

Though he was exonerated on the accusations, the incident only further stressed Lane, who had been returned to the Senate in 1865. He lost favor among the Radical Republicans when he opted to support President Andrew Johnson's watered-down approach to the Reconstruction, including Johnson's opposition to the Freedmen's Bureau and veto of the Civil Rights Bill. In July of 1866, Lane visited his brother-in-law, a Captain McCall, and the two rode out from Fort Leavenworth. When McCall opened the carriage door for him at a stop, Lane stepped out, said, "Goodbye, Mac," and shot himself in the head. He died 10 days later.

In pondering the incident, contemporary sources often turned to mental illness as a way to explain the suicide. Speer, declaring Lane overworked and deranged, said, "There is nothing strange about such a man becoming insane." The New York Times obituary stated, "Mr. Lane's present term in the Senate was unmarked by ought that was peculiar or out of the ordinary routine. He was eminently social, kind-hearted, and just faithful ever to his friends, relentless ever to his foes." Initially referring to his condition as "temporary insanity," the newspaper declared four days later that a doctor had determined that the suicide was "attributed solely to mental aberration, induced by extreme prostration and derangement of the nervous system, and aggravated by anxiety."

Sources: The Biographical Directory of the United States Congress, The Kansas Historical Society, Territorial Kansas Online, "Obituary: James H. Lane, United States Senator From Kansas" in the New York Times on Jul. 4 1866, "Gen. James H. Lane; His Conduct Previous To The Attempt To Commit Suicide" in the New York Times on Jul. 8 1866, Life of General James H. Lane, "The Liberator of Kansas" by John Speer, Jim Lane: Scoundrel, Statesman, Kansan by Robert Collins, Rebel Invasion of Missouri and Kansas by Richard Josiah Hinton, Compilation of Senate Election Cases from 1789 to 1913, The Black Military Experience by Joseph Patrick Reidy, Kansas edited by Frank W. Blackmar, John Brown, Abolitionist by David S. Reynolds, The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies Vol. 3, Encyclopedia of the American Civil War edited by David S. and Jeanne T. Heidler, John M. Schofield and the Politics of Generalship by Donald B. Connelly, Twenty Years of Congress: From Lincoln to Garfield by James Gillespie Blaine, Civil War on the Missouri-Kansas Border by Donald L. Gilmore, "New Perspectives On The West" at pbs.org

Tuesday, August 11, 2009

Matthew Lyon: pomp and consequence

Depiction of Lyon brawling with congressman Roger Griswold. (Source)

Matthew Lyon's first infraction as a politician was essentially a failed delivery. A member of the Vermont state house of representatives and clerk of the Court of Confiscation, he was impeached in 1785 for refusing to bring records to the Council of Censors. The request had been made by a Tory contingent in the house, which was seeking compensation for lands seized during the American Revolution. In addition to the impeachment, Lyon was reprimanded and fined 500 pounds for never showing up for the trial. Once these penalties had been imposed, Lyon requested a new trial, and one was granted. Whatever happened next is lost to history, but events worked out in Lyon's favor. The trial never occurred, but the impeachment was rescinded, the fine remitted, and the reprimand withdrawn. It wasn't the first time that Lyon had managed to escape trouble unscathed, and it wouldn't be the last.

Lyon was born in 1749 in County Wicklow, near Dublin, in Ireland. There, he attended school and began training to be a printer. In 1765, when he was 15, Lyon took a ship for the British colonies in America. A biography by James McLaughlin says that Lyon was supposed to receive free passage because he worked as a cabin boy during the journey, but was betrayed by the captain upon his arrival and sold into indentured servitude to pay for his passage. He worked on a farm in Woodbury, Connecticut, before his master traded him for a pair of bulls. Until the end of his life, one of Lyon's favorite sayings was, "By the bulls that redeemed me."

After fulfilling his debt, Lyon remained in Connecticut for a time and in 1774 moved to Wallingford in the New Hampshire Grants, which would later become the state of Vermont. When the Revolution began in 1775, he joined the Green Mountain Boys militia and took part in the capture of Fort Ticonderoga. Later in the year, he became an adjutant with Col. Seth Warner's regiment in Canada, and was commissioned a second lieutenant in July of 1776. In an incident that would later be of great consequence on the floor of the House, Lyon was court-martialed for cowardice and cashiered after his company abandoned a fort on Lake Champlain due to the threat of Indian attack.

Lyon was eventually reinstated and promoted to a captain. He also helped guide a retreat from Fort Ticonderoga to safety after realizing that the troops were in danger of running right into a British force and possible capture. In 1777, Lyon moved to Arlington, Vermont and resigned from the army the next year.

Upon his retirement from the military, Lyon turned to administrative duties and took part in the convention that established the state constitution. He also served as assistant judge of Rutland County and deputy secretary to Governor Thomas Chittenden, meeting and later marrying Chittenden's daughter along the way. He was a member of the state house of representatives from 1779 to 1783 and for 10 of the years between 1783 to 1796. His other accomplishments included founding the town of Fair Haven in 1783 and building and operating several mills for iron casting, paper production, and timber sawing.

Lyon, a stout anti-Federalist and member of the Democratic-Republican Party, made three unsuccessful bids for the House of Representatives between 1790 and 1794. In 1793, he established a printing office to start cranking out the Farmers' Library, which would later become the Fair Haven Gazette. Essentially, Lyon's reason for starting up the newspaper was to introduce more political opinion into the Vermont press, which was dominated by Federalist publications from surrounding areas.

In 1796, Lyon was successful in winning a seat in Congress, then based in Philadelphia. Not one to spare words, he directly accused Alexander Hamilton, the Federalist leader, of "screwing the hard-earnings out of the poor people's pockets" so the government would be able to "vie with European Courts in frivolous gaudy appearances." One of Lyon's main targets was a ceremony borrowed from the British Parliament, in which the House sent a committee to formally request the President to address Congress.

Lyon quickly became one of the main enemies of the Federalists. He was derisively called "the roaring Lyon of Vermont" and other nicknames, and openly mocked as he traveled through strong Federalist areas between Vermont and Philadelphia. After unsuccessfully trying to amend the practice of requesting the audience of the President so that any members who didn't wish to participate weren't compelled to do so, Lyon questioned whether he alone could be exempted; another member suggested that Lyon was insane and should be locked up while the rest of the congressmen visited the President. In one of his better-known speeches, Lyon said that it did not matter how well-born one was, but only how well they served the country. He said one of the reasons he did not support the ceremony was because he did not trace his ancestry to "the couriers of Oliver Cromwell, nor those who hanged witches, or punished their horses for working on Sundays."

Among the Federalist attacks on Lyon was the story, almost certainly apocryphal, that he had been forced to wear a wooden sword as punishment after being cashiered from the army. Though Lyon could hold his own against the attacks on him, the slander on his military record proved a sore spot. In one incident in January of 1798, he was talking with the Speaker of the House during an off time in the deliberations and criticizing the Connecticut congressmen, saying their actions in the House were contrary to the desires of their constituents. Boasting loudly enough for the nearby Connecticut delegation to hear, Lyon said he would be able to foment a revolution of political opinion within six months if he were to go into the state with a printing press. Upon hearing this, Federalist congressman Roger Griswold of Connecticut asked Lyon if he would be wearing his wooden sword when he went there. After Griswold pressed the question, Lyon spat in his face.

The incident was referred to the Committee on Privileges, making Lyon the first congressman to have an ethics complaint lodged against him. The committee determined that he should be expelled for "a violent attack and gross indecency." The House debated for two weeks the question of whether Lyon should be allowed to remain in Congress, with one member saying the nation would dissolve into civil war if that were allowed. The majority favored expulsion in a 52-44 vote, but did not carry enough support to make the two-thirds majority necessary to remove Lyon. Some congressmen suggested that a censure would be more appropriate, but ultimately no action was taken on that recommendation.

The feud with Griswold was far from over, however. Seeking to take his own revenge, Griswold entered the House a couple of weeks after the vote and attacked Lyon with a hickory cane as the Vermont representative was seated at his desk. After sustaining a few blows to the head and face, Lyon managed to escape and get ahold of a set of fire tongs near the House fireplace. Most accounts say Lyon and Griswold both lost their weapons soon after, grappled for awhile, and then took a breather. The fight resumed when an ally of Lyon armed him with a hickory stick of his own, and Lyon got in at least one strike against Griswold as he stood near the a water table. Friends of Griswold moved to get the congressman his own weapon back, but the fight was finally broken up when the Speaker called for order to be restored.

Newspapers on both sides went berserk. Anti-Federalists said Griswold had refused a duel challenge from Lyon and that it was a sign of Federalist cowardice. A Federalist paper in Connecticut threatened Lyon with tarring and feathering if he ever tried to enter the state. In the House, some exasperated congressmen said that both Lyon and Griswold should be thrown out. Though the Committee on Privileges supported the recommendation, neither side was very supportive. Federalists did not want to lose Griswold; Anti-Federalists argued that Lyon was an innocent victim in the brawl, and that it had not disrupted Congress because the House hadn't been in session at the time (an argument also employed in the first debate over Lyon's expulsion). A vote to expel the two members failed 73-21, and though a resolution to reprimand the two congressmen was immediately introduced the House narrowly decided against accepting the question, 48-47.

1798 was shaping up to be quite the banner year for Lyon. In the midst of increasing tension between the United States and France in that year, the Sedition Act passed. The law established penalties for encouraging riots or uprisings, or for forming groups to oppose government measures. The most controversial aspect made it illegal to publish any false or scandalous works intended to defame the government. Opponents of the law saw it as a transparent attempt to cut down on opposition pieces criticizing President John Adams or other government officials. Lyon predicted that he would be the first person arrested under the Sedition Act due to his unpopularity with the Federalists.

In the summer of 1798, Lyon ensured he would meet his prophecy by publishing a letter in Spooner's Vermont Journal explaining why he rejected the idea of "Presidential infallibility." He criticized Adams' fast day proclamation, saying it used "the sacred name of religion as a state engine to make mankind hate and persecute one another," and that "every consideration of the public welfare was swallowed up in a continual grasp for power, and unbounded thirst for ridiculous pomp, foolish adulation, and selfish avarice." The letter also said decent men were turned out of office for independence of thought while yes-men were sheltered.

Lyon also printed a letter from Joel Barlow, an expatriate in France, in response to a speech by Adams on the United States' relationship with France. Barlow wondered why the response to Adams' speech, which declared France's religion and morality at an end and suggested that the United States remain perpetually armed against the country, had not been "an order to send [Adams] to a madhouse." In addition to the two letters, Lyon launched a magazine entitled Scourge of Aristocracy and Repository of Important Political Truths, which declared its aim to be telling the truth and opposing the lies of the Federalist Party.

Lyon was indicted in October of 1798 by a federal circuit court in Vermont, the first person prosecuted under the Sedition Act. The trial took place the same month in Vergennes, Vermont. The charges against Lyon were attempt to stir up sedition and bring Adams and the government into contempt; malicious publication of Barlow's letter; and assisting and abetting the publication of Barlow's letter. The prosecutors essentially let the publications stand on their own, but also showed that Lyon had been using the writings at public meetings in Vermont and in his political campaign for re-election to the House in the 1798 election.

Lyon served as his own defense during the trial. He argued that the court did not have jurisdiction in the matter because the Sedition Act was illegal; that the publication was innocent; and that the contents spoke the truth. On the last contention, he asked the presiding judge, William Patterson, whether he had not "dined with the President, and observed his ridiculous pomp and parade." Patterson said he hadn't, and that the dinners were simple affairs. When Lyon asked him whether the President had more servants and pomp than the tavern at Rutland, Patterson apparently remembered his role as a judge and kept quiet.

Oddly enough, the Chief Justice of Vermont at the time was Israel Smith, who had served in Congress for eight years before being unseated by Lyon. At the trial, Smith appeared as counsel for Lyon in the closing arguments, but declined to make a reply. Lyon ended up taking up the task himself, stressing the unconstitutionality of the Sedition Act. Patterson told the jury that they weren't to consider constitutionality and that the Sedition Act was law until it was declared null and void. After an hour, the jury returned a guilty verdict.

Patterson told Lyon that he had no business violating the Sedition Act, considering he was a lawmaker and expected to remain within its boundaries. He considered "the reduced condition of [Lyon's] estate" a mitigating factor after Lyon claimed that he could only contribute $200 toward a fine because the depression of 1798 had seriously affected him. Patterson then surprised Lyon by unexpectedly including four months of jail time in the sentence, along with a $1,000 fine and payment of the prosecution costs. Patterson also warned that Lyon could spend more time in jail if the difference of the fine was not raised by the time the sentence expired.

Federalist papers rejoiced in the conviction, declaring it a victory over "the unbridled spirit of opposition to the government" and the end of "the vile career of the beast of the mountain." Vice-President Thomas Jefferson, an anti-Federalist serving under Adams due to a quirk in the original electoral system, criticized the decision, saying it made federal judges "objects of national fear."

Friends of Lyon quickly came to his aid, with some upstarts even vowing to break him out of jail. From his cell window, Lyon encouraged them to show their support at the polls instead; he was still a congressional candidate, after all. With the help of his son, Lyon began distributing letters from the jail to keep his campaign going, adding some criticism of his condition as well. In one letter, he complained of being thrown into a cramped and smelly cell usually reserved as a "common receptacle for horse-thieves, money-makers, runaway-negroes, or other types of felons." While still in jail, Lyon prevailed in the 1798 election with almost twice as many votes as his opponent. One year later, Vermont printer Anthony Haswell was charged with violation of the Sedition Act for accusing the Federalist marshal in charge of Lyon of cruel punishment and saying the government had appointed Tories who had been opposed to independence to government positions. Haswell was sentenced to two months in jail and a $200 fine.

The remainder of the fine proved to be no issue. Lyon's constituents raised money to help pay it off, and Lyon also raffled off his property to raise money. Another fund was started in Virginia, and included contributions from future Presidents Jefferson, James Madison, and James Monroe. More than twice the amount necessary was collected in the course of these fundraising efforts, so Vermont and Virginia supporters each paid half the fine.

Lyon was released from jail in February, in time to make it back to Congress to resume his newly elected term. He was warned that there might be efforts to prosecute him for sedition based on the letters he sent from the cell, but he claimed immunity from arrest as a congressmen en route to the capital. There, he was met with yet another expulsion attempt based on the conviction, as defenders argued that he had been unjustly prosecuted. The vote broke along party lines, with the 49-45 majority once again not meeting the necessary two-thirds majority. A Federalist paper angrily declared, "happy must the nation be where it is but a single step from the dungeon to the Legislature!"

Lyon's survival in the House may well have affected the course of history. Though Lyon did not run in the 1800 election, the contest of note in that year was the Presidential race. When electors tied in their votes for Adams or Jefferson, the matter went to the House. It once again deadlocked there, with eight states in favor of Jefferson, six in favor of Adams, and two states, including Vermont, contested. The other representative from Vermont was a Federalist, but eventually absented himself from the deliberations at his uncle's request. Lyon promptly cast Vermont for Jefferson, giving him the majority necessary to become President.

In early March, the terms of Lyon, Adams, and the Sedition Act all came to a close. Lyon immediately took advantage of the expiration of the law that had convicted him, sending a long, critical letter to Adams. Lyon declared that he was heading west, "where I have fixed for myself an asylum from the persecutions of a party the most base, cruel, assuming, and faithless that ever disgraced the councils of any nation." He berated Adams, saying he had not fulfilled promises, "expected a crown," bullied France and sought to involve the nation in war, and supported unconstitutional laws. "I hope and pray that your fate may be a warning to all usurpers and tyrants and that you may, before you leave this world, become a true and sincere penitent, and be forgiven all your manifold sins in the next," Lyon concluded.

Lyon kept his word about moving west, heading to Caldwell County, Kentucky in 1801 and founding the town of Eddyville. He also started a newspaper and shipyard there, and was a member of the state house of representatives a year after arriving. Jefferson offered him a commisaryship in the Western Army, but he declined. In 1803, he was once again sent to the House and served there for eight years. He lost the 1810 election over his opposition to going to war with England, which would occur in 1812. Despite his opposition to war, Lyon nevertheless became involved with gunboat manufacturing to assist in the military efforts.

Lyon's later life is somewhat unknown. He was appointed a U.S. agent to the Cherokee Nation in the Arkansas Territory, but sources differ as to whether it was in 1817 or 1820. He also ran to be a delegate to Congress from the territory, but sources also differ as to whether or not he was successful. Some say James W. Bates won that election, while others say that Lyon prevailed but died before he could take office. In 1822, Lyon died in Spadra Bluff, Arkansas; in 1833, he was re-interred in Eddyville, whose county was renamed Lyon County after Lyon's son, Chittenden Lyon.

Five years after Lyon's death, Chittenden Lyon began serving in the House of Representatives and stayed there until 1835. In 1840, Congress ordered that the fine Lyon paid after his conviction be refunded to his heirs, with interest; four years later, they made the same provision for Haswell, the printer who had defended him. In 2001, Senator Jim Jeffords of Vermont invoked Lyon in a speech discussing his decision to leave the Republican Party and become an Independent. Vermont people had always been independent thinkers, said Jeffords, and "proudly elected Matthew Lyon to Congress, notwithstanding his flouting of the Sedition Act."

Sources: The Biographical Directory of the United States Congress, "Matthew Lyon, Redemptioner" in The Journal of the American-Irish Historical Society, "The American Pym" in New England Magazine, Volume 31, "Jeffords: Independence Is The Vermont Way" in the Los Angeles Times on May 25 2001, Matthew Lyon, the Hampden of Congress by James Fairfax McLaughlin, American State Trials by John D. Lawson, Perilous Times: Free Speech in Wartime from the Sedition Act of 1798 to the War on Terrorism by Geoffrey R. Stone, A History of the People of the United States From the Revolution to the Civil War by John Bach McMaster, The Federalist System, 1789-1801 by John Spencer Bassett, A Speaking Aristocracy: Transforming Public Discourse in Eighteenth Century Connecticut by Christopher Grasso, The Early American Republic by Sean Patrick Adams, Censures: Webster's Quotations, Facts, and Phrases by Icon Group International, Lyon Memorial by Albert Brown Lyons and George William Amos Lyon and Eugene Fairfield McPike, Abridgment of the Debates of Congress from 1789 to 1856, Collections of the Vermont Historical Society, The Kentucky Encyclopedia by John E. Kleber

Wednesday, July 29, 2009

James J. Walker: will they still love him?

Walker on the cover of Time. Image from coverbrowser.com.

Despite being targeted by an investigative commission that had been uncovering corruption in New York City for years, mayor James J. Walker was nonplussed when he was finally called to court to give some answers in 1932. There were even flowers spread on his path into the courthouse, certainly an unusual display for a public official accused of graft. A roaring '20s dandy, Walker is a prime example of personality trumping political competence.

James John Joseph Walker was born in Greenwich Village, New York in 1881. He entered the New York Law School in 1902, but left three years later. Walker aspired to be a songwriter, and met with some success. In 1908, he wrote the lyrics for the hit song "Will You Love Me in December As You Do In May." When he failed to produce additional hits, Walker returned to law and was admitted to the bar in 1912.

Prior to that, in 1910, Walker was elected as a Democrat to the New York state assembly, with backing from the Democratic Party machine Tammany Hall. He served until 1914, and the next year he was elected to the state senate. He became the minority leader in 1921. As a state politician, Walker certainly solidified his popularity with the electorate by supporting measures to ease restrictions on sports and entertainment, including allowing movies and baseball games to take place on Sundays.

Most notably, he fathered a bill in 1920 to legalize professional boxing in New York. The legislation called for the major players in the sports, such as the fighters and referees, to be licensed. A state board of commissioners would have the power to revoke licenses if necessary. The sportswriter W.O. McGeehan encouraged passage of the bill, using something of an unfortunate example when he told Governor Al Smith that the sport was "conducted as honestly as American politics and I venture to say more honestly than the stock market." The bill was signed into law in May of 1920.

In 1925, Tammany and Smith backed Walker as their candidate for the mayor of New York City. The only catch was that a Democrat, John F. Hylan, had already been in office for two four-year terms. Not willing to go quietly, the introduction of Walker led to what Smith referred to as "a little family quarrel" but what was in fact quite a nasty bout of mudslinging. Smith said Hylan had a "blind subservience to a super-boss" and also accused him of secretly meeting with members of the Ku Klux Klan during the 1924 Democratic National Convention. Hylan shot back that Walker would allow thieves and prostitutes to run rampant in the Big Apple; he also described the party as a family, if something of a dysfunctional one. "The Governor has walked deliberately into our city and made trouble in a happy family," he declared. "A few grafting politicians, Wall Street, and the traction gang have tried to get your mayor by the throat, but I have stood like the Rock of Gibraltar running the city for the interests of all the people."

Hylan dropped out of the race in September, leaving Walker to face off against Republican candidate and fountain pen manufacturer Frank D. Waterman. Walker's platform included the advocacy of new highways, expansion of subway system, and maintenance of the subway's five-cent fare; Smith also stumped for him, touting Walker's work for housing, child welfare, soldier bonuses, and other issues. Perhaps more influential, Walker's support of entertainment initiatives earned him plaudits from movie stars, musicians, and sports fans. Irving Berlin wrote him a campaign song which featured the lyric "Win with Walker, he's a corker."

The campaign was also not without its dirty tricks, including one that left Waterman fending off accusations of anti-Semitism. Staffers sought to make a reservation at a hotel Waterman owned in Florida using the false name of Robinowitz. The hotel sent a written reply explaining, "Our clientele is such that the patronage of persons of Hebrew persuasion is not solicited." Walker easily won the general election.

Walker's inauguration in 1926 was notable for a few reasons. In the first of several incidents of tardiness that would earn him the nickname "The Late Mayor," Walker was one and a half hours late for the event. He was also the first mayor to have his inauguration speech broadcast by radio. When he abandoned the microphone to help a woman who had fainted in the crowd, many New Yorkers worried that the dead air signified that he had been assassinated.

Walker's tenure in office was marked by a lackadaisical attitude toward schedules and duties, and historians have offered the opinion that his legislative experience did not adequately prepare him for the administrative tasks of the mayor's office. He also earned the nickname "The Night Mayor" for his propensity to hit the night life, including a well-known but generally ignored affair with a showgirl named Betty Compton. In one incident, Walker is said to have been with Compton in a Montauk casino when the joint was raided by police, and managed to escape by running into the kitchen and disguising himself with a cook's outfit.

The two nicknames directly corresponded with one another. Time reported that Walker "seldom appears before noon, if at all." Sometimes he arrived hung over, and, suddenly a stickler for punctuality, would be short with visitors if they spent more than their allotted five minutes proposing a measure for the city. Needing a break from whatever work he did manage to do, Walker took seven vacations totaling 143 days during his first two years in office. In 1927, he traveled to Italy and personally met the country's dictator, Benito Mussolini.

Walker had made no promises to end the graft and proliferation of speakeasies that were thriving in Prohibition-era New York, the latter thanks in part to police officers willing to take payoffs to turn a blind eye to the establishments. The citizens of New York, if not the nation, seemed to take a similar attitude toward Walker's laziness and affair with Compton. When he went to Philadelphia in November of 1926 as part of a New York City delegation to the Sesquicentennial Exposition, crowds there declared him "our next President."

Walker was known for having an easygoing charm that was able to boost the adulations. His sayings included, "A reformer is a guy who rides through a sewer in a glass-bottomed boat" and "I'd rather be a lamppost in New York than mayor of Chicago." When the Republican candidate Fiorello La Guardia challenged him in 1929, he made the accusation that the city's judges were corrupt and the District Attorney, Thomas Crain, was a dolt. He also criticized the mayor's decision earlier that same year to boost his salary from $25,000 to $40,000. "That's cheap!" Walker responded. "Think what it would cost if I worked full time!" Walker won re-election.

Walker's turn in court was still several years away, but the events that would lead to that event began a month after the election. Then, magistrate Albert Vitale was honored at a dinner attended by judges, city officials, and mobsters. The event did nothing to help Vitale, as he had already admitted to taking a $19,500 loan from mobster Arnold Rothstein, who was murdered in November of 1928. It helped spur the formation of an investigative committee, headed by Samuel Seabury, an anti-Tammany Democrat and unsuccessful candidate for the 1916 gubernatorial election.

The investigation focused on the legitimacy of 50 magistrates in Manhattan and the Bronx under the committee's jurisdiction. Seabury assembled a team of young lawyers who he felt would not be corrupted by Tammany Hall, and the commission heard from over 1,000 witnesses in 1930. Magistrates were questioned in private, and many resigned when asked if they would repeat their testimony publicly. One, George Ewald, paid Tammany $10,000 to get his seat. Others had been appointed in exchange for favors. "This evidence presents a situation which is a scandal and a disgrace, as well as a menace, to the City of New York," said Seabury. The investigation also targeted Crain for his practice of letting people charged with serious crimes plead to misdemeanors. The commission determined that Crain was merely incompetent, not corrupt.

Reverend John Haynes Holmes and Rabbi Stephen S. Wise, acting on behalf of the City Affairs Committee, charged Walker with ignoring corruption, appointing incompetent officials, and poor administration of the city government. Walker's own response to the assessment was that the City Affairs Committee was subject to Socialist influences. Governor Franklin D. Roosevelt, hoping to secure Tammany backing for his own political ambitions, was at first reluctant to take on corruption in the city and declared that there wasn't enough evidence to remove Walker. However, when the Republican-controlled legislature called for an investigation into the city administration in March of 1931, Roosevelt approved $250,000 for a committee. Seabury joined the effort again as counsel.

The most disturbing aspect of the city government uncovered by the investigation was the outright framing of innocent people by the police department's vice squad. Most of the victims were women accused of prostitution. It was made clear to them that their options were to go to jail or fork over enough cash for their freedom. Other officials were found to have amassed much more money than they should have. Sheriff Tom Farley resigned after it was found that he had accumulated $400,000 after six years in an $8,000-a-year job. Russell T. Sherwood, a financial agent who shared a lockbox with the mayor, fled the city after he was subpoenaed to explain how he had made $700,000 after serving five years with a $10,000 annual salary.

When Seabury looked into the mayors financial records, he declared Walker's letters of credit "the fatal blow to Tammany Hall." He discovered that politicians and businessmen in the city had maintained a slush fund for Walker in exchange for favors, and that the club kept Walker's name off the record by referring to him as the "boyfriend." On one occasion, publisher Paul Block opened a Wall Street brokerage account with Walker, earning the mayor $246,692.72 even though the mayor never invested any money in it. On another, he received $26,535 in bonds from a stock broker interested in taxicab securities. John A. Hastings, a Democratic state senator and one organizer of the Equitable Coach Company, paid for one of Walker's vacations while aiming to gain control of the city's bus routes. Walker was also found to have accepted other gifts, such as the renovation of his childhood home on St. Luke's Place and a railroad car.

When Walker was summoned to court to answer questions about the finances, his popularity was still going strong. Time opined that his admirers "really would not care if it were proved that 'Jimmy' had stolen the Brooklyn Bridge." Walker's charm might have kept the galleries wooed, but it didn't work on Seabury; in fact, he had been warned against looking directly into Walker's eyes to help escape whatever wiles the mayor would employ. Seabury resolutely kept up the questions about the shady financial dealings in the city, and Walker's confidence slipped. Not long after the proceedings, he was booed at a baseball game at Yankee Stadium.

Seabury recommended to Roosevelt, by now the Democratic nominee for the 1932 Presidential election, that Walker was unfit for office. Walker sent his own defense to Roosevelt in the form of a 27,000 word letter in which he said the prosecution was politically motivated. "I have lived my life in the open. Whatever shortcomings I have are known to everyone--but disloyalty to my native city, official dishonesty or corruption, form no part of these short-comings," he said. It was also reported that Walker would seek the Democratic nomination for Governor if he were to be ousted. Ultimately, Walker unsuccessfully tried to get a court injunction in his favor and resigned from office on September 1, 1932, with a single sentence: "I hereby resign as Mayor of the City of New York, said resignation to take effect immediately."

Not long after his resignation, Walker took off for Europe with Betty Compton, whom he would later marry. Another Tammany man, John P. O'Brien, took his place, but the Seabury commission essentially marked the death blow for the political machine. In 1934, La Guardia was elected mayor with backing from Roosevelt, and the city slipped from Tammany's grasp. Roosevelt's New Deal program further weakened the institution, making people less dependent on Tammany for jobs. The machine had something of a recovery in the 1950s, but ultimately faded out of existence in the 1960s.

Walker's flight was a handy way of taking another European expedition while letting the controversy and his own tax status return to manageable levels. He returned to New York in 1935, doing law work and hosting a short-lived radio program. In 1937, he got a job as an attorney with the city's Transit Commission to prosecute grade crossing infractions. Seabury also happened to be on the commission as a judge, and suggested that Walker be on the payroll for 60 days before claiming a pension, saying it was not to be used as a "refuge from disgrace."

The next year, Walker visited FDR in the White House. In 1940, La Guardia named him labor arbitrator of the Manhattan garment industry. He continued his devotion to boxing by regularly speaking at the annual dinners of the Boxing Writers Association; he received the Edward J. Neil Memorial Award for Outstanding Contributions to Boxing, and in 1940 received another award for his years of service to the sport. Following his death, the award would be named after him.

Walker also briefly returned to the musical world, becoming president of Majestic Records in 1945. The next year, he died of a cerebral hemorrhage. Ultimately, he remained a popular figure. A movie about his life starring Bob Hope was produced, and in 1992 he was inducted into the International Boxing Hall of Fame.

Sources: The New York State Supreme Court Appellate Division, The National Parks Service, The Political Graveyard, "Paints Hylan Klan Servant" in the Evening Independent on Aug. 28 1925, "Word Battle Grows Hotter" in the Evening Independent on Aug. 31 1925, "Hylan May Run On Independent Ticket" in the Evening Independent on Sept. 16 1925, "Hylan Won't Run" in the New York Times on Sept. 30 1925, "Hail Mayor Walker As 'Next President'" in the New York Times on Nov. 13 1926, "Again, Walker" in Time on Mar. 5 1928, "Subway Jam" in Time on May 14 1928, "His Honor's Honor" in Time on Jun. 6 1932, "New York's Mayor Assails Accusers" in the Evening Independent on Jul. 29 1932, "Walker, If Removed, To Run For Governor" in the New York Times on Aug. 1 1932, "Walker Again" in Time on Aug. 30 1937, "Jimmy Walker, Tsar" in Time on Sept. 16 1940, "Former Mayor To Head Majestic Records" in the Christian Science Monitor on Feb. 16 1945, "The Late Mayor" in Time on Nov. 25 1946, A Flame of Pure Fire: Jack Dempsey and the Roaring '20s by Roger Kahn, The Boxing Register: International Boxing Hall of Fame Official Record Book by James B. Roberts and Alexander G. Skutt, New World Coming: the 1920s and the Making of Modern America by Nathan Miller, Big Town, Big Time: A New York Epic edited by Jay Maeder, The Epic of New York City: A Narrative History by Edward Robb Ellis, Franklin Delano Roosevelt: Champion of Freedom by Conrad Black, Mackerals in the Moonlight: Four Corrupt American Mayors by Gerald Leinwand

Tuesday, July 14, 2009

John W. Dawson: shovel-ready governor

Image from saltlakemagazine.com

As John W. Dawson told it, his stagecoach was at its first stop on a cross-country journey on New Year's Eve of 1861 when he found that several items of clothing had been taken. While waiting in the coach for the return of his physician, the driver made insulting remarks to him and Dawson chose to take his leave. As he was walking to a nearby house, the former Governor of the Utah Territory was attacked and beaten by the driver and other ruffians, an incident that punctuated Dawson's disgraced exit from the land.

Dawson was born in 1820 in Cambridge, Indiana. He worked as an office clerk and studied at Wabash College and Transylvania College. Further working as a lawyer and farmer, he eventually settled into the position of editor of the Fort Wayne Times and Union. Through the newspaper, Dawson supported public schools and temperance and criticized Catholics and abolitionists. He was especially vehement in this latter attitude when the Civil War broke out, saying the abolitionist movement only gave advocates of the Confederacy arguments to use in support of secession. Dawson's basic argument was that the preservation of the Union was a more important goal than the abolition of slavery. He asked if William Lloyd Garrison, a New England newspaper editor and prominent abolitionist, if he would admit "that this war is not a Godsend war for the abolition of negro slavery, but to maintain the supremacy of the Union and the Constitution, and that you will henceforth be silent on the wrongs of the slave and the atrocities of slaveholders, until throughout all the land the federal laws are freely obeyed?"

Like his working career, Dawson dabbled in a variety of political parties in a series of unsuccessful bids for public office. In 1854, he ran for the state house of representatives on the People's Party ticket. Two years later, he was back on the ballot running for Indiana secretary of state. This time, he was on a fusion ticket supported by the Republican and Know-Nothing parties. In 1858, he ran for the House of Representatives as a Democrat. In the election of 1860, however, he backed Abraham Lincoln, the Republican candidate, in his paper.

Given his relative lack of political experience, it is unclear how Dawson got the nod to be Governor of the Utah Territory. Some have suggested that he was a man of loose morals and an embarrassment to the Republican leaders in Indiana, and the distant desert territory seemed to be a proper point of exile. The post was also not the most popular one up for grabs, and Dawson's willingness to serve probably played in his favor. After Governor Alfred Cummings chose not to seek re-appointment, Lincoln appointed Dawson as the third Governor of the Utah Territory on October 3, 1861.

Dawson did not arrive in the territory until December 7, and took the oath of office on the 10th. It didn't take long for him to irk the predominantly Mormon population. In his first address to the territorial legislature, he urged them to pay a $26,982 annual tax to support Union war efforts. Doing so, he explained, would show that the Mormons were supportive of the country, not disloyal as had been alleged.

On December 17 and 18, the legislature passed a bill calling for a convention of delegates to create a constitution and organize a state government. Territorial secretary Frank Fuller of New Hampshire, who had served as acting Governor while waiting for Dawson to arrive, had already given his support for the measure. Dawson, however, vetoed it. He said the proposed date of the convention (January 6, 1862) was too close to submit the bill to Congress or notify the people of the territory. He also said the bill sought to fix the state's boundaries, which Congress would have to do. The rejection of the bill again did nothing to endear Dawson to the population.

On New Year's Eve, having served less than a month, Dawson suddenly packed up and began a journey back east. He left Fuller to take over the Governor's duties. A variety of reasons were given for Dawson's departure. Fuller said he had received a note saying Dawson was leaving for health reasons. The Deseret News said Dawson was leaving "under circumstances somewhat novel and puzzling," and alleged that the Governor had gone "distressingly insane."

The newspaper also mentioned the more prevalent theory behind Dawson's hasty retreat. He was accused of making indecent proposals to Albina Williams, his housekeeper and a Mormon widow in Salt Lake City. As the story went, Williams was so offended that she chased Dawson out of her house with a fireplace shovel. Dawson was also accused of trying to pay Williams $3,000 to keep quiet about the incident, and threatening to shoot Mormon newspaper editor Thomas B.H. Stenhouse if he published anything on the matter.

Stenhouse may have been sufficiently intimidated, though he also later left the church; in an account published in 1873, he said Dawson "was almost immediately a victim of misplaced confidence, and fell into a snare laid for his feet by some of his brother-officials." Catherine Van Valkenburg Waite, writing in 1867, also took this point of view. She argued that the incident was entirely fabricated as a way of expelling Dawson, since he was not as lenient toward Mormon leader Brigham Young as his predecessor. John Hanson Beadle, editor of the Salt Lake Reporter, also implied that the charges may have been false but clearly had no sympathy for Dawson. In an anti-Mormon book he wrote in 1870, Beadle said Dawson's later beating was "richly deserved for his cowardice, and, if the charge above be true, for his detestably bad taste."

Whatever the case, Dawson was fearful enough of assault that he took a hired guard to accompany him out of the territory. According to a statement Dawson later wrote for the Deseret News, he was told by Ephraim Hanks, station master at the first mail stop on the route, that some people might intend to rob or assault him. Dawson asked Hanks to accompany him, but Hanks said he was unable to and sent a man named Moroni Clawson to act as protection. Dawson said he gave Clawson five dollars for his troubles.

After the stagecoach stopped at Hanks' mail station at Mountain Dell, Dawson said, the crowd at the stopping point had supper and proceeded to get drunk and rowdy. When he checked on the coach, he found that it had been relieved of several blankets and "an elegant beaver robe." It was after this discovery that Dawson said the driver, apparently a relative of the scorned woman, began insulting him. Dawson insisted he had not provoked the men who attacked him after he exited the coach. In the statement to the Deseret News, he identified seven men who attacked him, including Clawson ("the traitor") and other men who had been hired to protect him.

According to one account, Dawson's injuries were "nearly emasculating," leading to rumors that he had been castrated as well as beaten. Dawson was quick to use the attack to characterize the Mormons as a lawless and detestable bunch. In a letter to Lincoln, he accused the population of disloyalty and said their push for statehood was only an effort to remove federal authorities from the territory and give polygamy "sovereign protection." He added, "The horrid crimes that have been committed in this territory & which have gone unpunished, have no parallel among civilized nations." Young, meanwhile, continued to push for statehood, saying the goal was "to no more endure the imposition of such men as...Governor Dawson." Though the convention seeking to create the state of Deseret went forward, Utah would not be admitted as a state until 1896.

Though they were no fans of Dawson, the Mormons did not want the attack to further inflame public opinion against them. Of the seven identified by Dawson, three were shot dead while trying to escape from police. Lot Huntington was killed on January 16, 1862. Clawson and a man named John P. Smith were killed the next day. The other attackers were captured and brought to justice.

In an interesting side note, the attack on Dawson indirectly led to the capture of an infamous grave robber. After Clawson was killed, he was buried in a Salt Lake City cemetery after his body was not initially claimed. When his family asked that Clawson be exhumed to be relocated to a family cemetery, they found that Clawson had been stripped of his clothes. The investigation found that a gravedigger, John Baptiste, had collected clothes, shoes, and personal effects from some 300 grave robberies. Baptiste was ultimately isolated on Fremont Island on the Great Salt Lake, but disappeared later in 1862, never to be seen again.

Dawson returned to find that the Senate had ultimately rejected his appointment, apparently based on the allegations that had come up against him. The incident also made Dawson quite unpopular in his home state, if he had ever garnered much favor to begin with. "He is a poor, despised, and hated ruffian, without a solitary friend of any influence on earth, outside of his own printing office," one letter to the People's Press of Bluffton, Indiana, declared. "This is not the first time that the community has been sickened and disgusted with the infamy and crime of John Dawson."

Not much is known of Dawson's post-gubernatorial activities. Most notably, he helped elevate the legend of Johnny Appleseed by writing the first accounts about him in 1871. Dawson had met the John Chapman, the person the legend is based on, when he was younger. In 1877, Dawson passed away in Indiana.

Sources: Utah History To Go, "The Governor of Utah Territory: A Significant Sign" in The Democratic Watchman on Nov. 21 1861, "Executive Communications" in the Deseret News on Dec. 25 1861, "Governor Dawson's Statement" in the Deseret News on Jan. 22 1862, "What The Public Journals Say About John W. Dawson" in the Deseret News on Feb. 26 1862, "Scandals, Shame, & Skeletons In The Closet" in Salt Lake Magazine in April 2009, It Happened In Utah by Gayen and Tom Wharton, Church Chronology: A Record Pertaining to the History of the Church of Jesus Christ of Latter-day Saints by Andrew Jenson, Improvement Era edited by Joseph F. Smith and Edward H. Anderson, Popular History of Utah by Orson F. Whitney, Abraham Lincoln and the Western Territories edited by Ralph Y. McGinnis and Calvin N. Smith, The Story of the Mormons: From the Date of their Origin to the Year 1901 by William Alexander Linn, The Rocky Mountain Saints: A Full and Complete History of the Mormons by Thomas B.H. Stenhouse, Life in Utah; or, The Mysteries and Crimes of Mormonism by John Hanson Beadle, The Saints and the Union: Utah Territory during the Civil War by Everette Beach Long, The Mormon Prophet and His Harem by Catherine Van Valkenburg Waite