Thursday, July 22, 2010

William W. Rose: beer bandit

Image from kckpl.lib.ks.us

History has been kind to William Warren Rose. Though his decision to flaunt a court order may not have put him in the best light, his expulsion from office was a politically-tinged affair resulting in his refusal to uphold an unenforceable law.

Rose was born in Oyster Bay, New York in March of 1864. As a child, he moved to Ogdensburg and later spent time in New York City apprenticing in architecture with G.A. Schellinger. Rose left to start an independent practice in Birmingham, Alabama and partnered with Charles E. Reid. The business was a successful one, and received contracts for several public buildings including a hospital, college, and church. Rose then moved again, settling down in Kansas City, Missouri in 1886 to partner with James Oliver Hogg. Their business extended to the city of the same name in Kansas, and Rose relocated there in 1896. He ran for mayor almost immediately, appearing in the 1897 contest as a fusion candidate.

Rose did not win in that year, but succeeded in the race almost a decade later; it was the first of several times in a two-year span when he appeared as a candidate. In April of 1905, he was elected on a Democratic ticket after establishing a platform urging public rather than private ownership of municipal infrastructure such as the water company and the electric grid. After the election, Rose found that buying out the Metropolitan Water Company was more complicated than he expected due to tax methods and limited debt allowed for the city. He settled for an ordinance allowing a buyout for cost of construction with franchise value excluded. The measure was debated for 10 months, but the city finally purchased the company. William Elsey Connelley wrote in his history of Kansas that Rose had "shown a practical energy and a common sense attitude towards public affairs which have won him a large and loyal following and has made him a leader properly credited with much of the material advancement of Kansas City." However, Rose also got on the bad side of businesses such as packing houses and railroads controlled by Republican political bosses who had managed to avoid their fair share of taxes, by firing the tax assessor. Rose's allies blamed these foes when the mayor was targeted for his involvement in a rather common practice.

A nationwide prohibition on the consumption of alcohol was still several years away, but Kansas already had a law on the books making it a dry state. The prohibition wasn't very strictly enforced, however, and Rose even announced during his campaign that he had no intention of upholding this particular law. In Kansas City alone, some 150 saloons kept the liquor flowing. Varying practices existed in the state to ensure that the saloons paid de facto liquor licenses in exchange for continued operation, such as arresting a barkeep, collecting bail, and keeping it when the person didn't bother to show up in court. Such bartering could easily lead to money going into private hands, but Rose tried to ensure that it would go to the municipal coffers.

When Kansas City was targeted for stricter enforcement, Rose was one of the louder protesters. He argued that prohibition would have little effect on actually stopping the liquor traffic, and that those who fancied a drink would simply take their money to Missouri. By his calculations, the city would lose lose over $100,000 a year in indirect liquor license fees with stricter enforcement. As saloon crackdowns made this financial squeeze a reality, diminished property values and the city's inability to push the tax rate past an established limit forced Rose to slash the budget. He cut about half the police budget and two engine crews in fire department, suspended street cleaning operations, laid off several city engineers, and asked higher-paid city employees to accept voluntary salary reductions.

Worse still for the mayor, the Kansas Supreme Court took him to task for his failure to enforce the prohibition. The court accused him of collecting $50 monthly contributions from the violators without ever informing the county attorney of the infractions. The justices said he had failed to enforce anti-gambling laws as well. A lawsuit seeking his ouster was filed against Rose in September of 1905, and in January of 1906 the court approved the action. In April of 1906, liquor issues proved a major point in the aldermen elections and the officials brought in were opposed to Rose. Three days before the court injunction was to go into effect, Rose and police chief Vernon J. Rose resigned.

With a special election set for May, Rose once again ran for mayor to fill the vacancy caused by his own resignation. Republican councilman Edward E. Venard was named acting mayor and served about a month before becoming his party's mayoral candidate. Council president Joseph C. Laughlin became acting mayor for all of four days before the election. Rose's name wasn't even on the ballot due to the court's ouster decision. Nonetheless, he earned a plurality of 1,600 votes over Venard and Socialist candidate David Harris. In the midst of the year, which was quite a tumultuous one for Rose, the Democratic state convention nominated him for a House of Representatives seat by one vote; Rose opted not to accept.

The Kansas Supreme Court was none too pleased with Rose's victory. The mayor said that his resignation nullified the ouster, and that even if it remained in effect he was serving in the capacity of his latest election rather than the one in 1905 . He had been duly elected, Rose argued, and the court had no right to take him out of office. The court did not agree, and in July it fined him $1,000 for contempt for holding office despite the ouster. Rose needed to pay the fine within 20 days or else face jail. His defense attorneys successfully filed a writ of error, staying the judgment and allowing him to continue his duties as mayor. In September, however, both Mayor Rose and Police Chief Rose resigned, along with police captain John F. Kelly, in exchange for the court dropping its contempt investigations against the trio. One month later, the U.S. Supreme Court declined to take up the matter, leaving the Kansas Supreme Court's ruling in effect.

Laughlin once again took over the office, this time holding it from September until a special election in December. Rose was debarred from holding the mayor's office until after the term he was elected to expired. Instead, he backed Democratic candidate M.J. Phelan. Victory in the December election went to Dr. George M. Gray.

Rose returned to architectural work after his time in office, starting work with David P. Peterson in 1909. The partners won contracts for several more public buildings, including schools, libraries, and hospitals. He remained involved in politics to some degree, serving as a member of the Government War Labor Board during World War I. He made an unsuccessful bid for the state senate in 1916, and was a delegate to the Democratic National Convention in 1920.

Rose died in May of 1931. Writing in the Kansas City Kansan, A.E. Neal declared, "W. W. Rose was perhaps the boldest and most original political thinker that has attracted attention in Wyandotte County."

Sources: The Political Graveyard, The Kansas Collection at the Kansas City Public Library, "Results Of Prohibition" in the Feilding Star on Jan. 27 1906, "A Temperance Defeat" in the New York Times on Apr. 4 1906, "Ex-Mayor Rose Of Kansas City Re-Elected" in the Deseret News on May 9 1906, "Jail Threat For A Mayor" in the New York Times on Jul. 6 1906, "Rose Gets A Writ" in the Deseret News on Jul. 12 1906, "Mayor Rose To Quit" in the New York Times on Sep. 7 1906, "Mayor Must Pay $1,000 Fine" in the New York Times on Oct. 23 1906, A Standard History of Kansas and Kansans, Volume 4 by William Elsey Connelley, The Public Vol. 9 edited by Louis Freeland Post and Alice Thatcher Post and Stoughton Cooley, The Lawyers Report Annotated Book 6 edited by Burdett A. Rich and Henry P. Farnham

Friday, July 9, 2010

Harry S. Dent: the bad footnote

Image from washingtonpost.com

Were it not for a driver who accidentally struck and killed the beloved family dog of Harry Shuler Dent, Richard Nixon may not have become President. 

To be sure, Nixon was already trying to think of a way to court Southern votes as the 1968 election approached. The death of the dog provided an opportunity for him to get his foot in the door and make a gesture to Dent, then serving as a top assistant to ultraconservative and segregationist Senator Strom Thurmond, a Republican from South Carolina. Nixon sent the Dent family a new dog, and it won him a meeting. Dent told Nixon that the way to prevent a segregationist third party bid from siphoning off Republican votes was to win Thurmond's loyalty.  The very next day, he had the opportunity to do so. When a reporter asked him if he was embarrassed to share a party with Thurmond, Nixon replied, "Strom is no racist. Strom is a man of courage and integrity." 

It paid off for Nixon. During the 1968 primaries, Dent was initially supportive of then Governor Ronald Reagan of California, but swung his support to Nixon at Thurmond's urging. Thurmond himself led Nixon's campaign in the South, covering quite a bit of ground in the final months of the campaign to stump for him. Dent stayed in the background to some degree. In 1967, South Carolina Democratic executive director Donald Fowler accused Dent of "impugning the honesty of the Democratic Party" and demanded an apology. Dent responded by saying Fowler "should develop a tougher hide if he wants to survive in politics." 

Yet in the next year, Dent was himself demanding an apology from Democrats after black baseball legend Jackie Robinson accused Thurmond and Nixon of being racist and commented, "We might as well die in the streets fighting for our dignity as men as fight in Vietnam for freedoms we don't have for everybody at home." Dent responded, "The Democratic Party owes the people an apology. They are responsible for what Robinson said." 

Dent did have some role in organizing support for Nixon's nomination. Nixon won support easily in the South, as Reagan was ambivalent about running for the nomination and Governor Nelson A. Rockefeller of New York was seen as a more liberal supporter of civil rights. 

Dent was born in St. Matthews, South Carolina, in February of 1930. He graduated from Presbyterian College in Clinton, South Carolina, in 1951 and went on to serve in the Army during the Korean War. For a time following his service, he worked as the Washington correspondent for several Southern newspapers and radio stations. He attended school at night, earning degrees from both George Washington University and Georgetown University Law School in 1959. 

Dent spent a decade with Thurmond, starting a few years after Thurmond's 1948 bid for President on a segregation plank. He played a major role in getting Thurmond to switch parties from Democratic to Republican, and also helped the senator in his record-breaking filibuster against a civil rights bill in 1957. Dent's actions then included keeping a pitcher of orange juice offered by a senator away from Thurmond so he wouldn't have to use the bathroom, and waiting outside the Senate chamber with a pail just in case Thurmond couldn't make it to a toilet following the day-long harangue. 

Dent's political strategy for the South had its roots in 1964, when he campaigned for Republican candidate Barry Goldwater. The election marked a shift away from traditional Republican stances, as Goldwater opposed civil rights and spoke out in favor of states' rights. Goldwater lost the election, but carried five states in the Deep South. The next year, Dent became the chairman of the South Carolina Republican Party and remained there until 1968. One notable action during his chairmanship was his opposition to a legislative bill which would allow a stock car race to take place in Darlington on a Sunday. Dent argued that the bill "violates our traditional observance for the Sabbath day at a time when too many other important American traditions are being extinguished for the purpose of expediency and obvious personal gain." 

After Nixon was elected in 1968, he appointed Dent was a special counsel and political adviser. He and Nixon immediately had to deny that the appointment was a reward for Thurmond's help in getting Nixon elected, and moderate Republicans worried that Dent would prove as much of a right-wing ideologue as Thurmond. Dent sought to assuage such fears, insisting that he answered to Nixon and not Thurmond. "I recognize that this country is bigger than the South and that the President has to have a stance that's national," he said in a 1969 interview with Time. "The thing that would do me the most harm would be if I took up the South's cause, waved the Confederate flag, and ran all through the White House yelling and being parochial." 

Contemporary accounts suggested that Dent was proving true to his word, and that he was able to mesh well with Nixon without going too far to the right. In 1971, he even tried unsuccessfully to get the South Carolina Republican executive committee to name a party chairman who would be more moderate on racial politics. 

However, the stances masked a more racially charged "Southern strategy" concocted by Dent. Nixon would deny that there was any ulterior motive to this strategy, declaring that "this Administration has no Southern strategy but rather a national strategy which, for the first time in modern times, includes the South rather than excludes the South." Dent worked as a liaison between the White House and various Republican groups around the country. He blamed Democrats for creating social programs that put a drain on middle class, and said that under the party's leadership the country was "filled with radical dissenters, cities were literally burning down, crime seemed uncontrollable." 

Though the "Southern strategy" never overtly identified itself with racial politics, it essentially sought to capitalize on Southern disillusionment with the Democratic Party. The Democrats traditionally attracted Southerners, but support waned following President Lyndon B. Johnson's civil rights efforts such as the Civil Rights Act of 1964 and Voting Rights Act of 1965. A key component in winning over the South was an effort to assure Southerners that the White House would not overtly pursue civil rights issues, that it would appear to be supportive but not follow through on such matters. Edward Morgan, an assistant to Dent, summed it up in a memo to Nixon: "If we can keep the liberal writers convinced that we are doing what the Court requires, and our conservative Southern friends convinced that we are not doing any more than the Court requires, I think we can walk this tightrope until November, 1972." 

Dent urged Nixon to make conservative, pro-segregation appointments to the Supreme Court, including Clement F. Haynsworth, Jr. and G. Harrold Carswell. He also suggested to White House department heads that appointing white Southerners should be a top priority. The racial component of the strategy did not exactly go unnoticed at the time. Clarence Mitchell, a lobbyist with the National Association for the Advancement of Colored People, complained in late 1969 that Dent and other Nixon aides were hostile to the organization. Dent was not well-liked by liberals and moderates, and a 1969 Time article said people of those political persuasions considered him a "Southern-fried Rasputin in the White House." 

Dent's official title went through a few changes over the years, as he went from a special counsel to a deputy counsel and received a promotion to "chief political troubleshooter" in May of 1969. In 1970, he had to handle a minor flap involving his own actions when it was found that he wrote letters on White House stationary to blacks approached by his brother's home construction business. Dent denied that the letters were meant to help his brother's business, but rather to show that the Nixon Administration was fully supportive of federal programs for low-cost housing. Most of his brother's homes were financed through such programs, and though Dent denied that his brother requested that he send the letters he did say that his sibling complained that Democrats were getting most of the credit for such programs. Dent said he sent the letters because he "was interested in laying to rest any question as to where Richard Nixon stood on this program." 

At the close of 1972, following Nixon's re-election, Dent left his post to return to his law practice in Columbia, South Carolina, despite a request by Nixon to stay on in a promoted capacity. He announced that he was doing so because his key goal had been to help Nixon into a second term, he wanted to be closer to his family, and he wanted to distance himself from politics. Despite this last point, he said he would help Nixon or South Carolina Republican candidates if asked and often had to deny rumors that he would fill one of the numerous posts vacated in the wake of the Watergate scandal, or that he would run for governor or the Senate. 

In one odd advocacy move, Dent urged Fred B. Dent, who was no relation to Harry but had been named Secretary of Commerce after Nixon's re-election, to run for governor of South Carolina. Before long, Dent was serving as general counsel for the Republican National Committee. 

In 1974, the year rumors had him aiming for political office, Dent was caught in the expanding Watergate imbroglio. One of the practices uncovered in the investigation was Operation Townhouse, an illegal effort that raised $3 million for GOP candidates in 1970. The operation, so named because it ran from the basement of a private townhouse, essentially provided a slush fund with the goal of blackmailing recipient politicians if it ever came to it. The scheme was a violation of the Corrupt Practices Act, which forbid unregistered campaign groups from providing money in two or more states without first filing financial reports. 

Operation Townhouse was established by Nixon aide H.R. Haldeman, with Nixon calling the shots on who would receive funding. Dent admitted that he helped select which candidates would receive money, but did not know where the money was coming from. 

Dent was given the choice of going to trial on a felony charge of pleading guilty to a misdemeanor. He chose the latter in December of 1974, admitting to a violation of federal campaign finance laws. He was sentenced to one month of unsupervised probation. He resigned from his post in the Republican National Committee as a result of the conviction. The court also netted Nixon's personal attorney, Herbert W. Kalbach, and another aide, Jack A. Gleason. 

Contemporaries were rather sympathetic to Dent. Political columnist Jack Anderson said Dent's role in the scandal was minimal and "like his mentor [Thurmond], is personally regarded as honest, even by his enemies." Anderson alleged that Dent had even privately denounced the "dirty tricks" in the White House and that such corruption spurred his departure from his post there. Judge George L. Hart, Jr. commented, "It does appear to be as if Mr. Dent were more of an innocent victim than a perpetrator." Dent thanked Hart for the light sentence, but also bemoaned that he would be associated with Watergate and said, "I'm destined for the history books as a bad footnote." 

Dent said he initially wanted to fight the charge, but was advised against it by his attorneys. He explained his reasoning in racially tinged terms, declaring, "I realized that if I went to trial in Washington, D.C., this old boy with the Southern accent wouldn't have a chance before an all-black jury."  

Dent's guilty plea was followed by a probe to see if he would be disbarred, but nothing came of it. He worked for the presidential campaigns of Gerald Ford and George H.W. Bush. Dent also helped cripple John B. Connally's bid for the 1980 Republican nomination by associating him with blacks and gays; Connally grumbled that Dent was the "original dirty trickster." 

Dent turned his focus to religion, closing his law practice in 1981 and going into the Southern Baptist ministry. Following the fall of Nicole Ceausescu, Communist leader of Romania, Dent made several mission trips there to establish churches and orphanages. He helped to organize the first Senate prayer breakfast in 1989. 

Dent ultimately wrote five books. In one, he claimed the Southern strategy was meant to fight bias against the South, but when he started his ministry he admitted that he helped exploit racism to benefit Nixon. "When I look back, my biggest regret now is anything that stood in the rights of black people," he said. "Or any people" 

Dent died in Columbia in September of 2007 due to complications from Alzheimer's disease. 

Sources: "Dent: Kill Raceway Bill" in the Sumter Daily Item on Feb. 15 1966, "Apology Asked Of Harry Dent" in the Herald-Tribune on Sep. 7 1967, "Thurmond To Head Nixon Campaign" in the Rock Hill Herald on Sep. 10 1968, "Dent Asking An Apology For Robinson" in the Rock Hill Herald on Oct. 23 1968, "Dent Says New Post No Reward To Strom" in the Sumter Daily Item on Dec. 4 1968, "Thurmond Aid Is Nixon Troubleshooter" in the Toledo Blade on Jun. 14 1969, "Nation: Up At Harry's Place" in Time on Jul. 11 1969 "Black Leader Calls Nixon Aides Hostile" in the Milwaukee Journal on Dec. 28 1969, "Dent Sends Double-Barreled Letters" in the St. Petersburg Times on Jun. 27 1970, "New Moderates Seem To Be Raising Their 'Ugly' Heads" in the Tuscaloosa News on Jan. 24 1971, "A Who's Who Of Prominent Republicans" in the Miami News on Aug. 21 1972, "Harry Dent Says He's Returning To S.C. Law Firm" in the Herald-Journal on Dec. 3 1972, "Harry Dent: President Won't Name Candidate" in the Herald-Journal on Dec. 3 1972, "Dent Says He's Leaving Post In Administration" in the Rock Hill Herald on Dec. 4 1972, "Dent Mentioned For Governor" in the Herald-Journal on Feb. 11 1973, "Harry Dent Thinks He's Not Considered" in the Herald-Journal on May 2 1973, "Washington Merry Go Round" in the Bangor Daily News on Nov. 22 1974, "Former Nixon Aide, Dent, Gets One Month Probation" in the Lewiston Daily Sun on Dec. 12 1974, "Ex-Nixon Aide Pleads Guilty" in the Reading Eagle on Dec. 12 1974, "Dent Faces Probe" in the Times-News on Jan. 10 1975, "Nixon Strategist To Seek Ford Votes" in the Sumter Daily Item on Jun. 12 1976, "Harry Dent" in the Herald-Journal on Nov. 8 1988, "Dent Set Stage For Political Upheaval" in The State on Jan. 21 2005, "Harry Dent, An Architect Of Nixon 'Southern Strategy,' Dies At 77" in the New York Times on Oct. 2 2007, "Harry Dent; Advised Key Republicans" in the Washington Post on Oct. 3 2007, "The Lives They Lived" in the New York Times on Dec. 30 2007, Nixon's Civil Rights: Politics, Principle, and Policy by Dean J. Kotlowski, From George Wallace to Newt Gingrich: Race in the Conservative Counterrevolution 1963-1994 by Dan T. Carter, President Nixon: Alone in the White House by Richard Reeves, Nixonland: The Rise of a President by Rick Perlstein

Tuesday, June 22, 2010

Benjamin G. Harris: two dollar treason

Image from findagrave.com

When several Southern states broke off from the Union following Abraham Lincoln's election as President, a sizable portion of people in the North were fine with letting them go. Their demands for peace grew louder as the war to preserve the Union grew longer and deadlier. Though government officials were largely behind the war effort, some demanded peace on the floor of Congress. One such representative, Democrat Alexander Long of Ohio, made such a speech on April 8, 1864, advocating recognition of the Confederacy. He accused Lincoln of scheming to start the war by provisioning Fort Sumter in South Carolina, leading to a Southern attack on the outpost and the subsequent start of the war. Long also opined that after three years of conflict, the only options left for the country were complete subjugation and extermination of the South or recognition of the Confederate States of America as an independent nation. Such talk was not well-received, and the House of Representatives took up discussion the next day on whether to expel Long for treasonable utterances.

Benjamin Gwinn Harris, a Democratic representative from Maryland, came to Long's defense during discussions the next day. He declared that he had long been the only member of the House favoring peace with the South via recognition, and welcomed Long as "another soul saved." Harris also announced his support for slavery and said he had owned slaves until Union general Benjamin Butler seized them. He said the Bible sanctioned slavery, and that the argument of abolitionists that slavery was an odious practice transferred the label onto "honest and upright men" who owned slaves, such as himself and his deceased father. "You may consider it a sin as between you and your God," he said, "but you shall not use insulting language upon such a subject as that without being called to account."

The congressional record shows that Harris's speech was met with quite a bit of derisive laughter, particularly when he said his peace stance made him more pro-Union than the other men in the chamber. "I am not here for war, and will not be here for war, so long as I have a heart humane and Christian, when war is carried on upon such principles. No, sir, war never did and never will bring your Union together in such a manner as to be worth one cent," he said. "I am for peace, and I am for Union too. I am as good a Union man as any of you. I am a better Union man than any of you." What truly got Harris in trouble, though, was his remark that the Confederacy "asked you to let them go in peace. But no; you said you would bring them into subjection. That is not done yet, and God Almighty grant that it never may be. I hope that you will never subjugate the South."

While the rest of his speech only earned him contempt, this portion led to a call for Harris to be expelled. Democrat Fernando Wood of New York declared during the ensuing tumult that the House should throw him out as well, since he fully endorsed Long. Though Elihu Washburne, a Republican from Illinois who supported the expulsion measures, promised to put Wood out as well, no vote was ever taken on that representative.

The vote to expel Harris narrowly missed the two-thirds majority needed to do so. Eighty-four were in favor of the action, while 58 were opposed. The House then took up a particularly strongly worded resolution to censure him. Declaring that he had made treasonable statements and committed a "gross disrespect to this House," the action sought to have him "very severely censured" and declared "an unworthy member of this House." The action carried 98 to 20, after an unsuccessful attempt to table the resolution and two failed efforts to adjourn. Long was also censured in a resolution declaring him an "unworthy member of this House" in an 80-70 vote on April 14.

The incident was the first time that Harris, an unabashed secessionist, got in trouble in the House for his actions. Born in Leonardtown, Maryland in December of 1805, he attended Yale University in Connecticut and the Cambridge Law School in Massachusetts. He wasn't admitted to the bar until 1840, and by that time he had already been a member of the Maryland house of delegates in 1833 and 1836. He was elected to the House of Representatives in 1862, and the censure didn't stop him from returning at the 1864 election.

Harris got in even more hot water when the war ended in Confederate defeat exactly one year after his censure. On April 26, 1865, former Confederate soldiers Richard Chapman and William Read visited Harris at his home. The two paroled soldiers asked Harris to stay at his residence, since they were going to another location on a pass but had grown tired. Harris was reluctant to accept the soldiers, given his position in the government and the Union suspicions his sympathies to the Confederacy had earned him. Instead, Harris gave the men a dollar each for lodging. They stayed at a place about a mile and a half away, using the money for the evening's shelter and a meal.

Harris was surprised when in May he was arrested on a charge of harboring the Confederate soldiers. The real motivation for the arrest, however, lay in the discussion he had with the soldiers at his doorstep. He was charged with not just giving the soldiers money for a roof over their head, but advising them to keep up the fight for the Confederacy. The penalty for such disloyalty could be as severe as death.

Harris was quickly court-martialed by the War Department and tried in a military court in Washington, D.C. In addition to relieving the two Confederate soldiers with money, the court charged, Harris was charged with "advising and inciting them to continue in said army, and to make war against the United States, and emphatically declaring his sympathy with the enemy, and his opposition to the Government of the United States in its efforts to suppress the rebellion." Harris protested that a court-martial was not appropriate, since he was in no way connected with the U.S. armed forces. He admitted that he gave the soldiers the money to pay for lodging so he wouldn't get into trouble with the authorities. He also said it had already been proven that the soldiers were not lodged where they said they had bunked down for the evening.

Chapman confirmed that Harris had been reluctant to lodge them due to scrutiny by federal authorities. A native of Baltimore, Chapman left the loyal state of Maryland to join the Confederate Army. As per the surrender arrangements, soldiers who had deserted the United States to fight for the South needed to take an oath of allegiance to the United States before they were allowed to go home. Chapman, who lost five brothers to the war, said he would go home to Baltimore if he could take the oath. Harris said that Chapman could go wherever he wanted since he was on parole, and Chapman replied that he'd seen a notice saying the oath was a requirement. Harris bitterly responded that paroled soldiers ought to be able to go home anyway and that Union general Ulysses S. Grant was a "damned rascal" if he didn't allow it.

Chapman said Harris got much more expressive on the state of affairs in the nation, praising the cause of the Confederacy as just and Confederate president Jefferson Davis as a great leader and true Southern gentleman. He suggested that Chapman not take the oath, since he was sure many other soldiers would refuse it, but instead be exchanged to keep up the fight for the South. Perhaps worst of all, during a discussion of Republican President Abraham Lincoln's assassination Harris commented that the death had come too late to do the rebels any good. Read also recalled that Harris was reluctant to lodge the men but urged them to keep fighting for the Confederacy. A Union sergeant who arrested Harris said that the congressman had admitted to giving the soldiers money. Though he hadn't admitted that he urged the men to keep fighting, he did complain that the abolitionists were interfering too much with post-war affairs.

Harris was swiftly found guilty of violating the 56th article of war and sentenced to three years in prison. Though this conviction forever disqualified from holding any office in the United States government, a reprieve came within weeks. President Andrew Johnson, Lincoln's Republican successor, issued an executive order on May 31 approving, confirming, and then remitting the sentence. Johnson said the order to remit was due to "additional evidence and affidavits...bearing upon this case and favorable to the accused, having been presented to and considered by me, since the sentence aforesaid."

Harris was released and allowed to return to Congress. At the commencement of a session in December, Republican Representative John F. Farnsworth asked the Committee on Elections to look into Harris's qualifications for the seat. He cited the court-martial, sentence disqualifying him from office (which he argued had been confirmed by Johnson but not remitted), and the statements about Lincoln's assassination as being inconsistent with the oath of office. The committee never reported back, and the House never took a vote.

At the expiration of his term in March of 1867, Harris left Congress for private life. However, he periodically made public statements on the dead cause of slavery. In September of that year, he strongly opposed a new state constitution for Maryland on the argument that it conceded too much to liberal Republicans by abolishing slavery and conforming to the Civil Rights Bill, which declared "that no person shall be incompetent as a witness on account of race or color, unless hereafter so declared by act of the General Assembly." The constitution, he said, was an "abomination" and would "place us on an inclined plane which leads directly and irresistibly to the foul slough of radicalism." That same year, the New York Times described him as "the representative man of the old pro-slavery Democrats yet alive in the state."

In 1874, Harris unsuccessfully sought the Democratic nomination for his district's House race. Here, he focused on the Fourteenth Amendment (which included citizenship for any person born in the United States, enforcement of civil rights, and prohibitions against elected officials who took an oath of office and joined the Confederacy) and the Fifteenth Amendment, which gave voting rights to former slaves. Both amendments, Harris said, were "utterly void."

In 1892, at the age of 86, he was still beating the same drum. In that year, he sent a petition to Congress on behalf of himself and other residents in Maryland asking to be compensated for slaves who had been freed by state or federal law.

Harris died on his Leonardtown estate in April of 1895.

Sources: The Biographical Directory of the United States Congress, "A Member Of Congress In Trouble" in the London Evening Advertiser on May 3 1865, "Treason At Home" in the New York Times on May 5 1865, "Treason At Home" in the New York Times on May 7 1865, "Treason At Home" in the New York Times on May 13 1865, "The Case Of Benj. G. Harris" in the New York Times on Jun. 5 1865, "Hon. Benjamin Harris On The New Maryland Constitution" in the New York Times on Sep. 12 1867, "Maryland" in the New York Times on Oct. 26 1867, "General Notes" in the New York Times on Jun. 14 1874, "Contested Election" in the Deseret News on Jun. 27 1874, "Wednesday In Washington" in the New York Times on Mar. 24 1892, Reports of the Committees for the House of Representatives for the First Session of the Forty-Third Congress, On the Resolution to Expel Mr. Long speech by Benjamin G. Harris, The Dark Intrigue: The True Story of a Civil War Conspiracy by Frank Van Der Linden, The Great Conspiracy: Its Origin and History by John Alexander Logan, The House: The History of the House of Representatives by Robert Vincent Remini, The Political History of the United States During the Great Rebellion by Edward McPherson

Friday, June 11, 2010

Jim West: surfing wipeout

Image from nytimes.com

Some eight years before voters kicked him out of office for ethical issues, James West weathered a criminal charge to keep serving in the Washington state senate. In 1998, the Building Industry Association of Washington ran in ad in a local newspaper suggesting that West wasn't supportive of education. In response, West phoned up the lobbying group's leader, Tom McCabe, and left a message seething, "McCabe, you son of a bitch, you better get me 'cause if you don't you're dead."

When the message was made public, West tried to argue that he meant McCabe would be politically deceased, not physically killed. McCabe brought a criminal harassment complaint against the legislator, and West ended up paying $500 to an Olympia charity. He also paid $250 in court costs, served nine months of probation, and apologized to McCabe and the Spokane community in general. It wasn't the first time West's temper got the better of him. In 1995, he swore at fellow senator John Moyer and his staff after Moyer implied that West didn't support a $2 million appropriation for Spokane's Cheney Cowles Museum. West kicked Moyer's office door during the outburst, and apologized for that incident as well.

West was born in March of 1951 in Salem, Oregon, and attended school in Spokane. After going to the University of Nevada and its Reserve Officer Training Corps, he served in the Army as a paratrooper with the 82nd Airborne Division. He moved to North Carolina to work as an assistant manager in a retail scuba diving store, returning to Spokane in 1974 to pursue a career in law enforcement. He joined the Medical Lake Police Department as a patrolman in 1975, transferring to the Spokane County Sheriff's Office at the end of the year. He opened his own scuba shop in 1977, graduating from Gonzaga University the next year with a bachelor's degree in criminal justice. He was later sued for wrongful death when a student on a dive he was supervising died, but the case was thrown out since the student had signed a consent form.

In 1979, West became the sergeant-at-arms for the Washington house of representatives. The next year, he went into politics himself, becoming the youngest member of the Spokane City Council at age 28. He won an election to fill a vacancy in the house of representatives in 1982, and four years later he moved over to the senate. He spent 20 years in the state legislature, but made a few efforts to get out. He ran unsuccessfully for lieutenant governor in 1996 and mayor of Spokane in 2000. West gained a good deal of influence in the legislature. He successfully proposed extending the state's motorcycle helmet law to all riders, not just juveniles, and helped to create the state's Department of Health. Earning more mockery was a 1990 suggestion that teenage sex be criminalized. One prosecutor jokingly suggested that a bill preventing legislators from procreating with each other would be more beneficial.

In 2003, West was elected mayor of Spokane over Democratic candidate and journalist Tom Grant. In April, West had announced that he had colon cancer. After his victory, he was frequently absent due to surgical procedures. While in office, he managed to pull together support for a $117 million bond issue to repair the city's streets, despite a recent defeat of a similar measure. He also helped get the city out of a failed venture to create a parking garage, advocated a downtown wireless network, worked to prevent the closure of Fairchild Air Force Base, and cut down on city jobs to trim the budget.

Two years after his election, the Spokane Spokesman-Review assessed the mayor as having a fairly successful political record; it also had him on the ropes, fighting calls to resign. An 18-year-old man told the paper that he met the mayor through Gay.com, a homosexual online dating site. His date confided that he was the mayor of Spokane and, after a dinner date, the two had consensual sex. To test the claim, the Spokesman-Review hired a forensic computer expert to set up a sting. Using a profile to pose as an 18-year-old man, reporters chatted with the mayor online, where he identified himself as Cobra82nd and RightBi-Guy. “Remember, I’m very closeted. No one knows I like guys. Except the few guys I’ve been with and highly trusted,” West said in recorded instant message conversations. He offered the nonexistent teen a few perks to try to get him to city hall, including an internship, trips to sporting events, and autographed sports memorabilia.

On May 5, 2005, the newspaper published a major report detailing their findings. Prominently featured were accusations by two men who said West molested them when he was a sheriff's deputy and they were boys. They accused another man, David Hahn, of the same conduct. Hahn also served as a deputy, but didn't have anything to say for himself; similar accusations had already come up over two decades before the scandal, and Hahn had committed suicide with his service weapon in 1981. West knew he was caught, and admitted to reporters that he had been looking for men on Gay.com for a year. "I can't tell you why I go there, to tell you the truth...curiosity, confused, whatever, I don't know," he said of his online dating. Though he did not admit that he was gay, West didn't shy away from a suggestion that he was bisexual. He firmly denied that he ever abused any children, and the accusers' claims were compromised somewhat by the fact that they were both convicted felons and drug addicts.

Within a couple of days, two more men came forward with allegations that West sexually abused or made passes at them in 1980 and 2001. Some politicians said that West's sexuality was something of an open secret, with his proposal to a woman on the floor of the legislature and subsequent five-year marriage working as a ruse to combat such allegations. Past opponents had never used the issue for political fodder, feeling it didn't relate to the political issues at hand. The publicized charges crossed into ethical territory, however; a city councilwoman said that West had admitted to her that he used city computers for the chat rooms and masturbated to them in his City Hall office. When the Spokesman-Review printed this charge, West called them up to deny her account. "I'm being destroyed because I am a gay man, which is fine. I've been in public life, I can accept that. Because I am a gay man, because of this double life, it has been hell," he said. "It's OK to destroy me, but stop destroying this city." The mayor also complained that the newspaper had "brutally outed" him.

West's plight didn't earn him much sympathy in the gay community, as the scandal also exposed him as something of a hypocrite. While in the legislature, he was a conservative Republican well-known for his focus on moral issues. Besides his proposal to criminalize teen sex, he was also opposed to the distribution of information packets on AIDS and was strongly against any measure related to gay rights. He co-sponsored an unsuccessful bill in 1986 to bar homosexuals from employment in schools, day care centers, and some state agencies; the bill was a retaliatory measure against a gubernatorial Christmas order in 1985 prohibiting such discriminatory practices in state hiring. He supported the Defense of Marriage Act to ban gay marriage, and in 1998 Washington became the 27th state to adopt the measure. West explained that he wasn't necessarily opposed to gay rights, but didn't want to create "special classes" for any minority.

One of the more immediate effects of the scandal was West's removal from affiliation with the Boy Scouts of America. He had been volunteering for the organization for over 30 years, but chose to resign from the Inland Northwest Council of the Boy Scouts and the board of directors for Morning Star Boys Ranch, which serves 18-year-olds from troubled backgrounds. One official with the Boy Scouts bluntly said that West would have been kicked off the council if he hadn't resigned, due to the organization's stance against homosexuality and immediate revocation of such offices if there are allegations of sexual abuse. West announced that he would take a leave of absence to prepare a defense, and left deputy mayor Jack Lynch in charge. "Finally, I hope that you and the people will reserve judgment on me until the newspaper is done persecuting me and allow me to have the fair opportunity to respond to each of the allegations in due time," he concluded as he left office. By the end of the month, however, West was back in City Hall. Meanwhile, the Federal Bureau of Investigation began looking into his computer records.

West's colleagues weren't exactly happy to see him return, and the calls for his resignation increased. Business leaders said such an action would limit any potential damage to tourism and the city's image. The city council tied 3-3 in a vote to ask him to take administrative leave, failing only because the members opposed wanted a stronger motion. Not long after, in June, the council voted unanimously to recommend his resignation, a first step toward possible impeachment. A few days later, West made an apology but vowed to stay in office. He said former Democratic President Bill Clinton and former Democratic Washington Governor Mike Lowry both survived sex scandals. "I did things in my private life that I should have known if they became public would cause embarrassment…everyone makes mistakes. I do, too," he said, adding that the ordeal "has been an embarrassing, humiliating and painful experience. But it doesn't need to distract this city." The Lowry example only gave more ammunition to those who saw West as a hypocrite. Investigators found insufficient evidence to prosecute Lowry after a female aide accused him of sexual harassment, but the governor chose not to run for re-election in 1996; at the time, West sent a letter to the speaker of the state house of representatives demanding a swift impeachment process. There was some speculation that West was reluctant to give up the office due to its lucrative $136,000-a-year salary, and even more so for the health benefits covering his cancer treatments.

West also fought an ongoing recall effort against him, which charged that the offers made to the phony 18-year-old represented "an improper exercise of an official duty." His lawyers argued that the recall lacked legal justification and that the judge who first heard the case got personally involved by rewriting the recall proposition. The state supreme court upheld the recall effort, saying the recall process could proceed if it gathered enough signatures. It eventually collected 17,121, a healthy margin greater than the minimum amount at 12,567. A recall election was scheduled for December.

Two months prior to the election, it was determined that West used city computers to browse gay profiles for men in Philadelphia and Washington, D.C., when he went to the cities on business. Ironically, one of the people he met in D.C. was Larry Craig, the Idaho senator who would get caught up in his own gay sex scandal in 2007. Around the same month, West said he was contemplating filing suit against the Spokesman-Review based on allegations that they broke federal and state laws regarding privacy issues and computer trespass. "Basically, the reason I'm bringing a lawsuit is, nobody, public or private, should go through what the Spokesman-Review has done to me as far as invading my privacy," he said. The suit never materialized.

In late November, a private investigator hired by the city council reported that West broke the law by hiring a man for the city's Human Rights Commission and then pursuing him sexually, and broke city policy as well by browsing online for gay men. As the countdown to the recall proceeded, West fought to keep his computer records private. He argued that some of the images from Gay.com were automatically downloaded to his computer's browser cache. Only a few days before the recall election, the findings were publicized. They showed that in three months, West spent hours on the site; 6,626 images were downloaded from Gay.com, and some of them were explicit.

Sixty-five percent of the voters agreed to kick West out of office. Dennis Hession, the city council president, took over the mayor's duties. "There have been a lot of lessons out of this, to tell you the truth," West said. "It's helped me straighten out my personal life." Curiously, West said that he stood by his previous anti-homosexual stances, with the exception of the one to prevent homosexuals from working in schools and other institutions involving children. Gay and lesbian groups saw the scandal a different way, saying it had the effect of encouraging openness rather than closeted lives. West said he was resigned to the vote, but the next day he sniped, "I think there are people in this community that could do a better job [as mayor] than anyone on the city council."

In February of 2006, the FBI wrapped up their probe and concluded that there was insufficient evidence to file any charges against West. Their investigation looked only into fraud related to whether he offered jobs or internships in exchange for sex. State charges remained an option, with the city's investigation alleging a violation of a state law that officials could not use municipal computers for personal use. Local prosecution got bogged down, with the county prosecutor having a conflict of interest due to a past $50 contribution to West's campaign, the local police unwilling to proceed, and the city officials not keen on pressing the issue. West ultimately ended up getting a job selling advertisements for a Seattle magazine, and chatted with a radio station about a possible talk show.

West said he wasn't ruling out another bid for office, but his recall came when he had less than a year to live. His cancer spread to his liver while in office, and he died in July of 2006 after complications from surgery.

Sources: "Senator Settles Charge Filed By Lobbyist" in the Moscow-Pullman Daily News on Nov. 10 1998, "Race To Lead Spokane" in the Spokesman-Review on Oct. 19 2003, "West Tied To Sex Abuse In '70s, Using Office To Lure Young Men" in the Spokesman-Review on May 5 2005, "West's Public Policy Conflicts With Private Life" in the Spokesman-Review on May 5 2005, "Online Relationships" in the Spokesman-Review on May 5 2005, "West Has Brought New Tone, New Success To City Hall" in the Spokesman-Review on May 5 2005, "After Spokane Childhood, West Leads Life Of Service" in the Spokesman-Review on May 5 2005, "Spokane Mayor's Accusers Are Felons" in the Ellensburg Daily Record on May 6 2005, "West Resigns From Scout Post, Boys Ranch Board" in the Spokesman-Review on May 6 2005, "West Faces New Allegations" in the Spokesman-Review on May 7 2005, "Rodgers: West Used City Office" in the Spokesman-Review on May 8 2005, "West Denies Having Online Sex In Office" in the Spokesman-Review on May 8 2005, "Mayor Says Sex Act Happened At Home" in the Spokesman-Review on May 9 2005, "Mayor To Take Leave" in the Spokesman-Review on May 10 2005, "Spokane Mayor Urged To Resign" in the Eugene Register-Guard on May 15 2005, "Council Split On West" in the Spokesman-Review on May 16 2005, "It's 'Awkward' With Mayor Back At City Hall" in the Spokesman-Review on May 20 2005, "Spokane Finds It Tough To Get Rid Of Mayor" in the Ellensburg Daily Record on May 28 2005, "Council Wants West Out" in the Spokesman-Review on Jun. 1 2005, "'Everyone Makes Mistakes'" in the Spokesman-Review on Jun. 4 2005, "West Urged Quick Justice In Lowry Sex Scandal" in the Spokesman-Review on Jul. 14 2005, "West Recall Advances" in the Spokesman-Review on Aug. 25 2005, "17,121 Urge West Recall Vote" in the Spokesman-Review on Sep. 22 2005, "West Accessed Sex Sites On Trips" in the Spokesman-Review on Oct. 15 2005, "Spokane Mayor May Sue Paper For Privacy Invasion" in the Seattle Post-Intelligencer on Oct. 22 2005, "West Says Downloads Automatic" in the Spokesman-Review on Nov. 16 2005, "Spokane Mayor's Offer Broke Law, Report Says" in the Seattle Times on Nov. 21 2005, "West Spent Hours Online At Gay.com" in the Spokesman-Review on Dec. 3 2005, "Voters Recall West" in the Spokesman-Review on Dec. 7 2005, "Spokane Mayor, Caught In Gay Sex Sting, Is Ousted In Vote That May Advance Gay Rights" in the New York Times on Dec. 8 2005, "West Challenges Successor" in the Spokesman-Review on Dec. 8 2005, "No Federal Charges" in the Spokesman-Review on Feb. 17 2006, "No Charges After Investigation Of Ex-Mayor's Online Scandal" in the New York Times on Feb. 17 2006, "Prosecution Of Former Spokane Mayor Appears Unlikely" in the Seattle Times on Mar. 22 2006, "Former Spokane Mayor Jim West Dies" in the Seattle Times on Jul. 22 2006

Monday, May 31, 2010

Charles A. Hayes: bounced out

Image from bioguide.congress.gov

Before he came to the House of Representatives as an elected member, Charles Arthur Hayes appeared in Congress to defend himself against accusations of Communism. In 1959, 57-year-old Joseph Poskonka told the House Un-American Activities Committee that he had endured insults and beatings for 16 years as a member of the Communist Party. The reason he did so was not out of a strong devotion to the party's ideals, he testified, but because he was an informant for the Federal Bureau of Investigation assigned to infiltrate the United Packinghouse Workers of America union and report on any Communist activities there. He told the committee that the union was rife with such subversion, and that Communists were trying to take over areas of American industry related to food production in order to tamper with it should the country go to war with the Soviet Union.

Poskonka identified Hayes as one of several union leaders in the Communists' pocket. Hayes, then serving as district director of the United Packinghouse Workers of America and vice president of the Illinois state AFL-CIO, was summoned to Washington to testify before the committee as part of a three-day hearing focusing on the UPWA. He invoked his Fifth Amendment right against self-incrimination eight times when questioned on any past involvement with the Communists. He did choose to denounce the movement and say he was not a Communist at that time. The Fifth Amendment declaration unnerved AFL-CIO officials enough that they asked Hayes to step down from his state position, but he refused. Congress did not press Hayes on his activities, and the matter faded away.

Hayes was involved with union activities for most of his life. Born in Cairo, Illinois in February of 1918, he graduated from high school in 1935 and went to work as a railroad section hand. From there, he went to work with a flooring company and organized a successful strike in 1938. Following this victory, he formed a union of black carpenters and joiners and served as its president from 1940 to 1942. The union later opened up to white workers as well.

Hayes transferred his union activities to the meatpacking industry after leaving the flooring company to become a fresh pork worker. He joined the grievance committee of the United Packinghouse Workers of America union in 1943, became a field representative for it in 1949, and served as district director from 1954 to 1968. He later served as vice president of the Amalgamated Meat Cutters and Butcher Workmen of North America union, and held the same post in the United Food and Commercial Workers Union. This latter organization was the largest one included in the AFL-CIO, and he remained there from 1979 until his retirement in 1983.

Though Hayes pushed for the traditional goals such as improved working conditions and better wages and benefits, he was also active in civil rights. He fought for desegregation in the dressing rooms and cafeterias of the meatpacking industry, as well as improved advancement opportunities for black workers. He sought to get women and blacks to serve as leaders in labor unions, and in 1972 he joined other black labor leaders in a Miami Beach conference to form a coalition in support of Democratic presidential candidate George McGovern to counter opposition by some white labor leaders. He organized rallies in support of the Montgomery bus boycott and provided financial support and manpower for events organized by civil rights leader Martin Luther King, Jr.

In April of 1983, two-term congressman Harold Washington was elected the first black mayor of Chicago. He resigned his seat in the House of Representatives, and a special election was scheduled for August to fill the vacancy. Thirteen candidates threw their hats in the ring for the Democratic nomination in July, but Hayes had a special advantage. He supported Washington in his 1977 attempt at the mayor's office, as well as the successful 1983 campaign. In return, Washington threw his support behind Hayes. This angered many of the other candidates, who charged Washington with using machine tactics such as intimidation to ensure a Hayes victory, but they conceded that they would support Hayes if he won the nomination. Hayes came away with the Democratic nod after securing 45 percent of the vote. This election essentially guaranteed his entry into the House; the district was mostly black and strongly Democratic, and in August he got 94 percent of the vote after running against Republican candidate and newspaper columnist Diane Preacely.

It was the first of five consecutive victories in the House elections. After the 1983 election, Hayes announced that he was serving notice on Republican President Ronald Reagan. Saying that Reagan's cuts to anti-poverty programs had left one-third of the nation's blacks under the poverty line, he declared, "We must replace him with a chief executive who is committed to solving the problems of poor people. We've got to put America back on the track of greatness." His other goals upon entering office included a reduction in unemployment, which was especially burdensome in his district; a bilateral freeze on nuclear weapons; a national health service; and shifting funds from military budget to aid domestic programs. He authored the Dropout Prevention and Reentry Act to provide $500 million in federal funds to state and local governments to cut down on the dropout rate, which was also especially high in Chicago. He got in another jab at Reagan along the way, saying the President's cuts to education were “a callous disregard for the dreams and aspirations of millions of poor and disadvantaged children and young adults.” Hayes also sponsored numerous bills to try to decrease unemployment rates and provide relief for workers laid off in massive plant closings in Chicago. One of these bills, the Income and Jobs Action Act of 1985, sought to boost the provisions of 1978 Humphrey Hawkins Full Employment and Balanced Growth Act to increase employment opportunities with the growth of productivity.

In his continuing advocacy of civil rights, Hayes ran up against the law soon after his re-election in November of 1984. He had introduced legislation to impose economic and diplomatic sanctions against South Africa to get that country to end the discriminatory practice of apartheid. The Reagan Administration disagreed with taking a harsher stance, feeling that change could be achieved through diplomatic efforts. As a result, Hayes and several others took part in large-scale protests at the South African Embassy at the end of the month to protest apartheid, seek the release of several black labor unionists jailed in that country, and pressure the White House into changing the diplomatic stance and putting sanctions into place. Numerous people were arrested due to violations of a city code forbidding protesters from being within 500 feet of an embassy. Secret Service agents arrested Hayes inside the embassy itself after he entered along with Reverend Joseph Lowery, the head of the Southern Christian Leadership Conference. Immediately before the arrest, Hayes told reporters that he could not sit idly by while racist policies stood and that he was hoping to end "the atrocious situation in South Africa." He was released immediately after the police booked him on a charge of misdemeanor unlawful entry. Numerous other high-profile people were arrested in the protests, including several Democratic congressmen and Yolanda King, the daughter of Martin Luther King, Jr. Within days of his arrest, the charges against Hayes and 10 others were dropped.

Shortly before Hayes' bid for the Democratic nomination in 1992, he was named in a wide-ranging scandal in the House. The Sergeant at Arms provided an informal banking service, and dozens of representatives had written bad checks on insufficient funds in the bank; the New York Times said the practice "effectively resulted in interest-free loans." Some representatives had only written a few checks in this way, but others had overdrawn hundreds. Hayes was among the worst offenders, with the House Ethics Committee reporting that he wrote 716 bad checks in a 39-month period. The news broke in March, in the last week of the primary campaign. Hayes said it wasn't much of an issue, since he had not broken the law or cost the taxpayers any money. "I want it clearly understood: I'm not a criminal, and I don't want to be treated like this," he said. Hayes' main opponent, Chicago alderman and former Black Panther Bobby Rush, had been arguing that Hayes had not achieved any significant legislative victories while in Congress and used the banking scandal to further support the argument. "Charlie Hayes' record in Congress is like his record of 700 overdrawn checks: insufficient ideas, insufficient commitment, insufficient action, insufficient funds," he said.

Other factors put Hayes' chances for re-nomination in jeopardy, namely a redrawing of congressional lines to change his constituency. However, the bounced checks received the bulk of the blame for his defeat. Even then, it was a fairly close contest. Rush received 42 percent of the vote, or 51,145 ballots, while Hayes came away with 39 percent, a total of 47,151 votes. Rush went on to win the general election, and has won every House contest in his district between 1992 and 2008. In 1993, the Justice Department cleared Hayes of any criminal wrongdoing in the banking scandal.

Hayes returned to work in labor and community matters in Chicago. He died of lung cancer in April of 1997. Two years later, the Charles A. Hayes Investment Center, a nonprofit technology center for underprivileged Chicago residents, opened in a building formerly used by the United Packinghouse Workers of America.

Sources: The Biographical Directory of the United States Congress, Black Americans in Congress at baic.house.gov, "Packer Union Leader Uses Fifth Eight Times" in the Chicago Tribune on May 7 1959, "Reds Run Union" in the Miami News on May 8 1959, "Hayes Asked To Quit AFL Post; Refuses" in the Chicago Tribune on May 20 1959, "Black Labor Group To Aid McGovern" in the Sarasota Herald-Tribune on Aug. 8 1972, "Union Urges Labor Dept. Rights Probe" in the Washington Afro-American on Feb. 13 1973, "Hayes Wins In Chicago" in the Pittsburgh Post-Gazette on Jul. 27 1983, "Chicago Primary Winner Tries To Ease Bitterness" in the Palm Beach Post on Jul. 28 1983, "Hayes Wins Special Election" in the Free Lance-Star on Aug. 24 1983, "Hayes Goes To Congress" in the Afro-American on Oct. 1 1983, "SCLC Head Arrested In Embassy Protest" in the Tuscaloosa News on Nov. 27 1984, "Two Congressmen Arrested In Protest Against South Africa" in the Ocala Star-Banner on Dec. 1 1984, "Arrests Continue In South African Protest" in The Telegraph on Dec. 1 1984, "Congressman Who Wrote Bad Checks Faces Voters Today" in The Dispatch on Mar. 16 1992, "Illinois Democrats Boot 5 Congress Incumbents" in the Pittsburgh Press on May. 18 1992, "Charles Hayes, 79, Former Chicago Lawmaker" in the New York Times on Apr. 13 1997, "Former U.S. Congressman Charles Hayes Dies at 79" in Jet on Apr. 28 1997

Saturday, May 22, 2010

Warren T. McCray: signing off

Image from in.gov

Before he entered state government, Warren Terry McCray was known by a royal nickname: the "Hereford Cattle King." A Standard History of Jasper and Newton Counties, Indiana deemed him "the greatest breeder of Hereford cattle in the world." In 1919, news of his exploits made it as far as New Zealand, where the Poverty Bay Herald said that the sale of a five-pound bull raised by McCray earned him the equivalent of 10,000 pounds. It shattered the previous world record for the highest bull sale, which formerly stood at 6,200 pounds. Even after he was elected to office, McCray continued to breed cattle on his 1,600-acre farm in Newton County and win prizes for them. The animals sometimes sold for up to $10,000 apiece.

The farm, coupled with other ventures, made McCray a very successful man. Born in Kentland, Indiana in February of 1865, he finished school at age 15. He went into business for himself after spending some time as a clerk in the Discount and Deposit Bank, which was run by his father. He expanded his interests to include grocery stores and grain elevators, and began community pursuits as well. He joined the board of trustees for the Northern Indiana Hospital for the Insane in 1904 and stayed there until 1912. In that year, he joined the Indiana Board of Agriculture and stayed there for four years. During World War I, he chaired the Food Conservation Committee of Indiana and for two years he served as a trustee of Purdue University.

In 1920, McCray won the Republican nomination for governor. He went on to win the general election, and was sworn into office in January of 1921. According to his National Governor's Association profile, 87 public buildings were launched during his term, along with a budget law affecting state and local finances, a reformatory at Pendleton, a budget law affecting state and local governments, and a two-cent gasoline tax to benefit road maintenance and highway construction.

Early in his term, McCray took an action that may well have placated the labor unions in the state. In October of 1921, he refused a requisition by Republican Governor Ephriam Franklin Morgan of West Virginia to send David Robb of Terre Haute to the state. Robb, an organizer for the United Mine Workers came to Indiana after he and several other union men were given the choice of leaving the state or going to jail due to their violation of Morgan's martial law proclamation. He was also indicted in West Virginia's Mingo County for conspiracy to commit a felonious assault in relation to the murder of a man that May. McCray refused the request on the basis of "disturbed conditions" in West Virginia and his belief that Robb wouldn't get a fair trial there; the United Mine Workers agreed, saying Robb's safety would be in jeopardy.

His reluctance to send a union man into hostile territory did not extend to support from the miners, however. He condemned United Mine Workers leader John L. Lewis as "disloyal," and denounced Socialist head Eugene V. Debs as traitor several times. In July of 1922, he publicly supported the idea of a government takeover of Indiana mines to break a strike and produce enough coal to meet the state's needs. After he followed through on the threat to declare martial law to guard the mines, 4,000 striking miners called a public meeting to demand his impeachment.

McCray's real woes began in 1923. In August, the Discount and Deposit State Bank threw him out as president of the institution. A month later, he admitted at a meeting of creditors that he owed them $2,652,000. They agreed to put his property into trust until he could meet his obligations, and took over holdings valued at $3,323,417.90. Former Republican Governor James P. Goodrich, who contested McCray in 1920, tried to help minimize the meltdown to mitigate any embarrassment to the party. He grew quite upset when McCray's chief political adviser, John Moorman, suggested that Goodrich and Republican President Calvin Coolidge were conspiring to ruin McCray."I spent nearly three months in trying to untangle the governor's affairs and finally raised $350,000 to save him and some of his associates from the most serious personal consequences as a result of his own acts," said Goodrich, "and I deeply resent the efforts of Mr. Moorman or the governor, or anyone else, to reflect upon the good faith of the men responsible for the conduct of the affairs of the party in this state." McCray said the matter was less serious than it seemed. "Boiled down to one fact, you find a farmer, a landowner, who is caught after three disastrous years in the farming business. I could not collect my bills and found myself unable to meet some of my obligations," he said. "I happen to be governor of Indiana, but this is a private matter that has happened to other farmers. The state has not suffered. I do not see that the public should be greatly interested."

In October, the bank collapsed after he was unable to take up $290,000 in notes with his signature. That same month, a grand jury began a probe into his financial transactions at the request of the First National Bank of Marion, which held $22,000 in McCray's notes and was one of 200 creditors backing him up. Three Fort Wayne banks initiated a bankruptcy hearing against him, and in November he admitted that some of the notes he pledged as collateral to the state board of agriculture had no value besides his endorsement. McCray had taken out the notes on the misguided belief that his signature would make the notes good enough for distribution. In the midst of these financial difficulties, the Republican State Committee indicated that he should resign, but he refused. Impeachment was also impossible, since the state legislature was not scheduled to meet again until January of 1925. By that time, McCray would be out of office, and he alone could call an emergency session of the legislature.

On the last day of November, the court walloped McCray with an indictment charging embezzlement, grand larceny, forgery, obtaining money under false pretenses, and issuing false checks. The charges accused him of involving $155,000 of misappropriated state funds in his own financial shortcomings. He refused to resign. "I feel sure that if I had been permitted to appear and present the facts I could have helped the jurors reach a just and correct conclusion," he said. "I ask the public to suspend judgment until I have been given an opportunity to tell my side of the story." A Marion County jury couldn't agree on a conviction in a trial in April of 1924, but two months before he had been federally indicted on 28 counts of mail fraud and violation of banking laws. He tried without success to get an abatement because women were not permitted to serve on the grand jury.

McCray's trial lasted for seven days. The prosecution showed that the governor passed some some $1 million in worthless notes on the banks in Indiana and other nearby states in an attempt to regain his standing. McCray denied any intent to defraud the government, but also testified that he used his political standing to get money from the state board of agriculture and designate banks as state depositories to get loans. It took the jury only 13 minutes to return a guilty verdict on 13 counts of mail fraud. McCray resigned from office on April 29, and Lieutenant Governor Emmett F. Branch took over. The judge told him that McCray was guilty of more felonies than anyone he'd seen in his experience on the bench, saying, "The circumstances are enormously bad and wicked. He has shown an utter disregard for the right. It is my duty to show this man that, no matter if he is governor of Indiana and no matter if he has broad acres, he cannot escape the penalty that is customarily given to every criminal of low estate in this court."

Twenty minutes after leaving office, McCray was sentenced to 10 years in prison and a $10,000 fine. He opted not to appeal, and began his time behind bars in an Atlanta penitentiary. Friends of the disgraced governor began looking for a pardon soon after, basing their effort on McCray's poor health, but they did not meet much support. President Coolidge said he would abide by the rule requiring a prisoner to serve at least a third of their sentence before they were eligible for commutation; the prosecutor and judge had to sign off on such a deal as well. In one curious offer, McCray's friend and former Republican Governor Chase Osborn of Michigan said in January of 1926 that he would be willing to serve the remainder of McCray's sentence in his stead. He offered his skills as a plate printer and remarked, "I have no dependents and I am used to more hardships than a prisoner entails."

McCray left prison in August of 1927 after meeting the one-third mark, having served three years in prison. The release didn't come with a pardon. His friends came to his aid once more, financing the repurchase of his Orchard Lake Farm, which he'd lost after his bankruptcy. He devoted his time to re-establishing his reputation as a famous Hereford breeder.

At about the same time he was freed, the state was conducting another probe due to the accusations of D.C. Stephenson. The Grand Dragon of the state's Ku Klux Klan had been sentenced to life in prison for the murder of a woman, and chose to take down as much of the Indiana government as he could with revelations of just how deep the state's politicians were in the Klan's pockets. The largest target was Republican Governor Ed Jackson, who succeeded Branch and served as secretary of state under McCray. Stephenson charged that Jackson offered McCray $10,000 while he was in office to appoint James E. McDonald, a Klansman, as Marion County prosecutor. When McCray came under investigation for his own malfeasance, Jackson said he could sweeten the deal by offering him immunity from prosecution. McCray refused, instead appointing William H. Remy. "The whole affair teems with the vilest corruption that has come to light in years and will remain forever as a blot on the history of Indiana" the Sanford Herald opined in an editorial.

It wasn't the first time McCray had clashed with the Klan. The mine unions sought to ban participation in the Klan, but several members were still interested. After the Klan started up a membership drive, McCray wrote a letter to the editor of the organization's paper condemning their efforts to control the union. The Klan was unfazed, and Stephenson even made personal appearances at the mines to denounce "new immigrants" as inferior workers and call for immigration restriction.

McCray told reporters that he wanted to simply go back to his family and stay as far away from the Jackson scandal as possible. "I am out of politics for good and all," he declared. By that point, McCray's testimony wasn't really needed since the grand jury had concluded that portion of their proceedings. In September of 1927, Jackson and two associates (former law partner Robert I. Marsh and Marion County Republican boss George V. Coffin) were indicted on charges of bribery conspiracy. At trial, Stephenson confirmed the plot and said that he'd put aside $10,000 from one of his strongboxes if McCray agreed to the bribe. McCray was the star witness, testifying that Jackson had told him he would leave the money in the governor's office desk. As McCray had it, he replied, "Ed, I am amazed that you should make that kind of an offer to me. You evidently don't know me. It begins to look like I've lost my fortune that I've striven for for 35 years. My office is threatened, it looks as if they are threatening my liberty, but I'm not going to lose my self-respect."

Prosecutors also charged that McCray rebuffed a second attempt at a bribe, and that Jackson and Stephenson threatened to obstruct his parole if he gave them away. Jackson claimed that he had made the offer, but without bribery or coercion. In the end, judge Charles M. McCabe determined that since the state did not prove willful concealment of the bribe, there was no way to nullify the statute of limitations which expired two years before the indictment. McCabe was clearly disappointed that the case couldn't proceed, as he dismissed the matter by blasting the "slime and disgrace" of the KKK. Noting that the Klan used their power to threaten McCray in 1923, he said, "There is no more regrettable bit of history in Indiana than the organization and participation in politics of the Ku Klux Klan." Jackson refused widespread calls for his resignation, saying he wouldn't let the "malicious propaganda" affect his administration. He left office in disgrace in January of 1929.

The revelations significantly increased the sympathy for McCray. By appointing Remy, he had put a man in office who would take him to court on the embezzlement charges. Remy would also take on Jackson when those charges came up. In May of 1930, an odd case arose when McCray's former partner, grain broker William Simons, was found dead of a gunshot wound just below the heart and two more to the back of the head. The coroner ruled it a suicide, but family members demanded an investigation into the possibility of a homicide. Later in the year, just shy of Christmas, Republican President Herbert Hoover granted McCray a pardon.

In December of 1938, after about a year of poor health, McCray died of a heart attack at his Kentland home.

Sources: The National Governors Association, "Price For Bull Sets World Record" in the Poverty Bay Herald on May 3 1919, "Refuses Requisition For Mingo Mine Leader" in the New York Times on Oct. 6 1921, "Grand Prize To Missouri-Bred Hereford Bull" in the Nevada Daily Mail on Nov. 16 1921, "Indiana Threatens To Operate Mines" in the New York Times on Jul. 27 1922, "Unions Demand Impeachment Of Gov. McCray For Guarding Indiana Mine With Troops" in the New York Times on Aug. 10 1922, "McCray Estimates Debts At $2,652,000" in the New York Times on Sep. 1 1923, "Political Notes" in Time on Sep. 10 1923, "McCray's Creditors Accept Trust Plan" in the New York Times on Oct. 8 1923,"McCray Probe Still Secret" in the Southeast Missourian on Oct. 12 1923, "McCray Bank Shuts; Asserts Solvency" in the New York Times on Oct. 14 1923, "McCray's Name His Security To State, He Admits" in the Chicago Tribune on Nov. 21 1923, "Governor McCray Will Not Quit Office" in the Nevada Daily Mail on Dec. 1 1923, "Gov. McCray Is To Stay On The Job" in the Southeast Missourian on Dec. 1 1923, "Governor McCray Files Plea" in the Wall Street Journal on Feb. 6 1924, "U.S. Grand Jury Indicts McCray on 28 Counts" in the Chicago Tribune on Feb. 26 1924, "McCray Must Face Other Indictments" in the Christian Science Monitor on Apr. 12 1924, "Governor Of Indiana Put Behind Bars" in the Southeast Missourian on Apr. 29 1924, "10 Years For McCray" in the New York Times on May 1 1924, "McCray Pardon Movement Not Meeting Favor" in the Crawfordsville Review on Feb. 24 1925, "Offers To Serve Friend's Sentence" in the Times Daily on Jan. 5 1926, "McCray To Be Paroled From Penitentiary" in the Sarasota Herald on Aug. 31 1927, "McCray Out of Political Life" in the Sarasota Herald on Sep. 2 1927, "Political Notes: McCray Out" in Time on Sep. 12 1927, "Indiana Ex-Governor Permitted To Testify" in the Pittsburgh Press on Sep. 16 1927, "Problem Of Cleaning Politics" in the Miami News on Sep. 19 1927, "National Affairs: Indiana Scandals" in Time on Sep. 19 1927, "Trial Date Set" in the Pittsburgh Post-Gazette on Dec. 6 1927, "Jackson Trial Planned Feb. 7" in the Miami News on Dec. 6 1927, "Stevenson On Witness Stand" in the Southeast Missourian on Feb. 15 1928, "McCray Says $10,000 Was Jackson's Bait" in the New York Times on Feb. 16 1928, "Governor Jackson Acquitted" in the Sarasota Herald on Feb. 17 1928, "Corruption: In Indiana" in Time on Feb. 28 1928, "Ex-Governor Staging Comeback" in the Berkeley Daily Gazette on May 7 1929, "Gun Death Is Puzzle To Police" in the Times Daily on May 20 1930, "President Grants Pardon To McCray" in the Owosso Argus-Press on Dec. 24 1930, "Dies" in the St. Petersburg Times on Dec. 20 1938, Fragile Alliances: Labor and Politics in Evansville Indiana 1919-1955 by Samuel William White, James P. Goodrich: Indiana's "Governor Strangelove" by Benjamin D. Rhodes, A Standard History of Jasper and Newton Counties Indiana by Lewis H. Hamilton and William Darroch

Sunday, April 25, 2010

John W. Hunter: giving the lie

Image from National Magazine

The first scandal to put John Ward Hunter's name down in newsprint involved a much more serious charge than the blemish his brief congressional career would later receive. In 1864, he was charged with forging checks during his duties at the United States Custom House in New York City, where he had been employed for over 30 years. Upon looking through a bundle of checks received by the Custom House, an assistant auditor had caught a couple of suspicious ones, one for $4,200 and another for $5,600. Both checks had been presented to assistant treasurer John J. Cisco but not paid over; the checks also bore the signature of Hunter, then serving as assistant auditor.

The case went to trial in April. Cisco was the star witness for the prosecution, saying the handwriting on the checks was a perfect match for Hunter; he testified that the assistant auditor wrote with certain peculiarities that he had not seen replicated anywhere else. Hunter's bank accounts had also shown a recent increase through large cash deposits. "The defense might bring all the world here with speaking trumpets to swear that Hunter was an angel, but it would all turn finally upon the question of his signature," the New York Times summarized in an account of a cross-examination where Cisco was essentially asked if Hunter was a decent person. "It was agreed that the prosecution should concede that Mr. Hunter had always borne a good character."

The defense lawyer proved masterful enough that Hunter's character was not his primary argument in the case. Instead, he focused on Cisco's steadfast testimony that the signatures on the checks belonged to Hunter. A stockbroker and photography analyst both testified that the signatures themselves were forged. The latter witness was especially compelling, as he compared prints of a genuine signature and the ones on the checks. Under magnification, the characteristics on the check suggested that the signature had been constructed from multiple pen strokes rather than a natural flow. A bookkeeper in the Custom House was also able to forge an impressive copy of Cisco's signature; the imitation put the assistant treasurer's recognition skills into question, as he was forced to admit that the forgery looked identical to his own.

The prosecution's case crumbled under further arguments by the defense. The defense explained the cash deposits as a result of many years of savings on his wife's part, combined with Hunter's duties as the executor of an estate. They also questioned why investigators had not taken a serious look at other men in the Customs House who would have had access to Hunter's signature. Cisco was accused of putting pressure on District Attorney E.D. Smith to issue a warrant of arrest for Hunter, and Smith took the stand himself to confirm that he acted on urgent requests from Cisco. Hunter himself testified very briefly. When asked if he wrote the two signatures, he replied, "I never did, nor did I ever see them before the day of the discovery." He answered only one other question, saying he did not know who wrote the signatures.

Immediately after Hunter's testimony, Smith asked for Hunter to be found innocent. He asked for reparations to be paid to him "for the wrong that has been done to him." Cisco also softened in his opinion on the matter. Three months after the trial, he wrote an apology to Hunter and included a check covering the assistant auditor's legal expenses. "Not a doubt rests on my mind of your entire innocence, and I deeply regret the erroneous theory on which I acted," said Cisco. "It was a serious mistake, which I regret should have been made."

Hunter was born in Bedford (now part of Brooklyn) in New York in October of 1807. After his school days, he began working as a clerk in a wholesale grocery store in 1824. From there, he made the switch to banking work and his long career with the U.S. Custom House. He started out as a clerk in 1831, and five years later he was appointed assistant auditor. He only stayed on for about a year after his success in the trial, then resigned to take a position as treasurer of the Dime Savings Bank in Brooklyn.

By some accounts, Hunter first entered the House of Representatives in 1864. However, these seem to be mistaken, as contemporary newspapers fail to mention such an election result. More likely, he first came to Congress following the death of Republican Representative James Humphrey in June of 1866. Successfully running as a Democrat to fill the vacancy, Hunter did not try to keep the seat in that year's regular election. He only served for a matter of months, from December of 1866 to March of 1867.

Hunter did not make much of a lasting impression during this service, but he did manage to earn a rebuke during a heated debate. On January 26 of 1867, Republican Representative Thaddeus Stevens of Pennsylvania said that he intended to press his Reconstruction bill to a vote on the 28th. By the New York Times account, Stevens didn't sound so enthusiastic about it, since he didn't think the proposition was ready and didn't expect to get much done; he also said only five minutes would be allowed for each congressman to speak on the matter. Other Republican congressmen also suggested that the bill was somewhat unsound, but that they would get behind it. Roscoe Conkling of New York criticized Stevens, claiming he was responsible for delays on the vote because the committee on Reconstruction that Stevens chaired had failed to assemble in time to be productive. James Mitchell Ashley of Ohio supported a final vote on the measure, but admitted that the GOP had not arrived at a conclusive policy. Ashley chaired the Committee on the Territories, and had previously backed a substitute plan they were working on as advocated by the Southern Republican Association; however, he said he figured recommitting the bill to committee would kill it. Stevens added that his measure had passed muster with his committee on Reconstruction, and that the House could vote it down if they so desired.

The discussion on the issue ended up devolving into a racially-charged war of words over the Civil War and the proposed reform measures for the South. Elijah Hise, a Kentucky Democrat, suggested that the Republican Party was in favor of disenfranchising the majority and only favored suffrage for those they deemed loyal, including "Negros and interlopers in the Southern states." John Winthrop Chanler, a Democrat from New York, asked Ashley whether he would recognize a state government if it were based solely on the black vote. After a back-and-forth exchange, in which Chanler suggested that Ashley was reluctant to answer, the Ohio congressman finally proclaimed, "If there is a single state of the American Union in which there is not a loyal man except black men, I would clothe them with the right of franchise and every other right under this government."

Under these provocations, Ashley launched an attack on the more conservative elements of the Republican Party as well as the Democrats in general. He raised the question of whether deposed Confederate president Jefferson Davis and other such rebels would be worthy of sitting in Congress, and accused Republican President Andrew Johnson of being a leader of a negative campaign that was just as injurious as the war. "The assumption, the brazen-faced assumption, of men here, who, during the entire war, were in secret alliance with the rebels, coming here now and joining hands with the apostate at the other end of the avenue [Johnson], who is their leader, the recognized leader of a counter-revolution or negative rebellion, as I said awhile ago, passes comprehension."

Charles Winfield, an outgoing Democratic representative from New York, demanded an explanation for the remark. Ashley clarified that it was something of a blanket denunciation, encompassing draft dodgers, conspirators against the North, and people who had been opposed to further funding or manpower for the war. When further pressed by Winfield, Ashley admitted that he could not indict specific members of the House with these accusations, but supposed by their votes that such people might be sitting in the chamber. "I do not propose to be tried on general reputation," Winfield shot back. "I desire to say for myself, and so far as I know for my associates on this floor of my own school of politics, that the insinuation that we are or ever have been in alliance with the rebels is utterly untrue, and if intended to apply to us it is a base and unfounded slander."

At that point, Hunter chimed in, "And I say that, so far as I am concerned, it is a base lie."

Schuyler Colfax, an Indiana Republican and Speaker of the House, chided Hunter for speaking out of order. Hunter was backed up by Samuel Jackson Randall, a Democrat from Pennsylvania, who also spoke out of turn to say that Hunter's statement was truthful even if it didn't abide by the House rules. Ralph Hill, an outgoing Indiana Republican, took a different opinion. He immediately made a motion to censure Hunter because he "transgressed the order of this body."

Most of the representatives didn't care about the squabble. A vote to table Hill's resolution failed with 75 opposed and 32 in favor, but 84 congressmen didn't even participate. The discussion on the censure resolution dissolved into another scene of bedlam. Francis Celeste Le Blond, an Ohio Democrat, suggested that Ashley's statements were far worse than Hunter's passing remark. "When you come down to the debate today in which my colleague participated, using the language which has been just read from the Speaker's desk, I ask the gentlemen what more offensive language could be used to any man who was an American citizen and willing to abide by the laws and the Constitution of his government," Le Blond concluded. The argument brought applause from the galleries, and Schuyler promptly scolded the spectators. When William Elias Niblack, an Indiana Democrat, muttered that the applause was on the Democratic side, Schuyler took offense. Apparently thinking that Niblack was hinting that he only tried to quell the applause supporting the Democrats, Schuyler said he had always asked the galleries to be decorous and threatened to have the spectators removed if they did not quiet down. Niblack apologized, saying the remark was meant to be private and that he did not mean to offend.

In response to Le Blond's suggestion, Hill said the House had allowed similar language to slide in recent debates and that he was getting tired of it. "I thought they had gone far enough; that when we had reached such a point that every day or two we must hear the epithets 'lie' and 'liar' bandied in this House it was time someone should interpose," he said. When Niblack asked if being labeled a traitor was also an example of offensive language, Hill replied that the term could be seen as a compliment depending on the circumstances. Being called a liar, by contrast, was offensive under any circumstances and he wanted the House to make an example to prevent further incidents.

The censure carried 84-34, with 81 congressmen not voting. The tally took place after one representative tried unsuccessfully to be excused, reasoning that he could support neither Hunter's outburst nor Ashley's insinuations. Schuyler delivered the brief punishment: "No deliberative body can preserve its self-respect, or command the respect of its constituents, which tolerates the use of offensive language, condemned by gentlemen everywhere, as well as by parliamentary law. For having transgressed the rules of the House it is resolved that you shall be censured by the Speaker. Having thus declared the censure of the House, you will resume your seat."

Hunter gave a similarly brief address, explaining that he meant no disrespect to the House and spoke in a "moment of irritation at a false charge." Hill was satisfied enough with his contrition that he asked for the censure proceedings to be stricken from the record, but other representatives objected. One was Ashley, who got in the last word by essentially reiterating his earlier argument and delivering his own rebuke to Hunter. He said that men often speak on the spur of the moment in a heated debate, but that he had not been called to order himself during any of his eight years in the House; Ashley added that he had not meant any offense either, but in clarifying his list of Union enemies he gave the same categories, complete with the Congress-encompassing qualifier "here or elsewhere."

The New York Times reported that Republicans "generally voted for the resolution, yet Hunter had the sympathy of many of them who considered the language of Mr. Ashley totally uncalled for, and though, according to the ruling of the chair heretofore, not strictly out of order, yet as great a violation of the dignity and the decency of the debate as was Mr. Hunter's impulsive remark." The newspaper added that the debate "furnished an unusual amount of interest to the galleries, which were well filled in anticipation of a debate on the Reconstruction question."

After leaving Congress, Hunter made an unsuccessful bid for state assembly and served on the Board of Education. He was nominated for the postmaster's position in Brooklyn, but not confirmed by the Senate. Then in 1873, Hunter won the race for Brooklyn mayor, serving from 1874 to 1875. He apparently lost this job after crossing Democratic party boss Hugh McLaughlin by refusing to appoint a certain water commissioner. The Bankers' Magazine reported that he was instrumental in supporting the construction of the Brooklyn Bridge while in office, and he became a stockholder in the endeavor. In 1886, former commissioner of the Brooklyn public works Thomas W. Adams sued Hunter for $10,000, saying Hunter had publicly accused him while mayor of allowing fraud and corrupt contracts; the outcome of the suit was not reported.

Hunter left politics in favor of a return to his work as treasurer of the Dime Savings Bank. National Magazine claimed that it is "to his financial skill and his reputation for unswerving integrity, much of the success of that bank is due." He became the bank's director as well as the director of a trust company and two insurance firms. In his spare time, Hunter was active in the Old Brooklynites and the Tree Planting and Fountain Society. He suffered a series of personal tragedies in 1881. Three of his children died over the course of a four-month period, including a naval lieutenant who died of poor health and a commission merchant who killed himself in a park in Fall River, Massachusetts. When Hunter died in Brooklyn in April of 1900, he was survived by only one child (a daughter) as well as five granddaughters.

Sources: The Biographical Directory of the United States Congress, "The Custom-House Forgeries Cross-Examination of John J. Cisco" in the New York Times on Apr. 12 1864, "The Custom-House Forgeries" in the New York Times on Apr. 14 1864, "The Sub-Treasury Forgeries" in the New York Times on Apr. 21 1864, "Conclusion Of The Hunter Case" in the New York Times on Apr. 24 1864, "Close Of The Hunter Case" in the New York Times on Apr. 25 1864, "Vindication Of Assistant Auditor J.W. Hunter" in the New York Times on Sep. 24 1864, "Excitement In The House" in the New York Times on Jan. 27 1867, "Thirty-Ninth Congress, Second Session" in the New York Times on Jan. 27 1867, "Review Of The Week" in the Lewiston Evening Journal on Jan. 30 1867, "Brooklyn City Government For 1874" in the New York Timeson Jan. 1 1874, "Suicide Of Mr. W.A. Hunter" in the New York Times on Mar. 25 1881, "Death Of Lieut. Hunter, U.S.N." in the New York Times on Jul. 19 1881, "Thinks His Character Defamed" in the New York Times on Mar. 4 1886, "John W. Hunter Dead" in the New York Times on Apr. 18 1900, National Magazine: A Monthly Journal of American History Volume 19, Bankers' Magazine Volume 60, The Great Bridge: The Epic Story of the Building of the Brooklyn Bridge by David G. McCullough, Record of an Examination Under a Warrant by Kenneth G. White, Journal of the House of Representatives of the United States Being the Session of the Thirty-Ninth Congress, Record of an Examination Under a Warrant by Kenneth G. White, The Congressional Globe Volume 58 Part 2