Saturday, June 27, 2020

U.S. President #21: Chester A. Arthur (Part II)



Presidency 1881–1885


Arthur arrived in Washington, D.C. on September 21. On September 22, he re-took the oath of office, this time before Chief Justice Morrison R. Waite. Arthur took this step to ensure procedural compliance; there had been a lingering question about whether a state court judge (Brady) could administer a federal oath of office. He initially took up residence at the home of Senator John P. Jones, while a White House remodeling he had ordered was carried out, including addition of an elaborate fifty-foot glass screen by Louis Comfort Tiffany.


Arthur's sister, Mary Arthur McElroy, served as White House hostess for her widowed brother; Arthur became Washington's most eligible bachelor and his social life became the subject of rumors, though romantically, he remained singularly devoted to the memory of his late wife. His son, Chester Jr., was then a freshman at Princeton University and his daughter, Nell, stayed in New York with a governess until 1882; when she arrived, Arthur shielded her from the intrusive press as much as he could.


Arthur quickly came into conflict with Garfield's cabinet, most of whom represented his opposition within the party. He asked the cabinet members to remain until December, when Congress would reconvene, but Treasury Secretary William Windom submitted his resignation in October to enter a Senate race in his home state of Minnesota. Arthur then selected Charles J. Folger, his friend and fellow New York Stalwart as Windom's replacement. Attorney General Wayne MacVeagh was next to resign, believing that, as a reformer, he had no place in an Arthur cabinet. Despite Arthur's personal appeal to remain, MacVeagh resigned in December 1881 and Arthur replaced him with Benjamin H. Brewster, a Philadelphia lawyer and machine politician reputed to have reformist leanings. Blaine, nemesis of the Stalwart faction, remained Secretary of State until Congress reconvened, then departed immediately. Conkling expected Arthur to appoint him in Blaine's place, but the President chose Frederick T. Frelinghuysen of New Jersey, a Stalwart recommended by ex-President Grant. Frelinghuysen advised Arthur not to fill any future vacancies with Stalwarts, but when Postmaster General James resigned in January 1882, Arthur selected Timothy O. Howe, a Wisconsin Stalwart. Navy Secretary William H. Hunt was next to resign, in April 1882, and Arthur attempted a more balanced approach by appointing Half-Breed William E. Chandler to the post, on Blaine's recommendation. Finally, when Interior Secretary Samuel J. Kirkwood resigned that same month, Arthur appointed Henry M. Teller, a Colorado Stalwart to the office. Of the Cabinet members Arthur had inherited from Garfield, only Secretary of War Robert Todd Lincoln remained for the entirety of Arthur's term.


Civil service reform


In the 1870s, a scandal was exposed, in which contractors for star postal routes were greatly overpaid for their services with the connivance of government officials (including Second Assistant Postmaster General Thomas J. Brady and former Senator Stephen Wallace Dorsey). Reformers feared Arthur, as a former supporter of the spoils system, would not commit to continuing the investigation into the scandal. But Arthur's Attorney General, Brewster, did in fact continue the investigations begun by MacVeagh, and hired notable Democratic lawyers William W. Ker and Richard T. Merrick to strengthen the prosecution team and forestall the skeptics. Although Arthur had worked closely with Dorsey before his presidency, once in office he supported the investigation and forced the resignation of officials suspected in the scandal. An 1882 trial of the ringleaders resulted in convictions for two minor conspirators and a hung jury for the rest. After a juror came forward with allegations that the defendants attempted to bribe him, the judge set aside the guilty verdicts and granted a new trial. Before the second trial began, Arthur removed five federal office holders who were sympathetic with the defense, including a former senator. The second trial began in December 1882 and lasted until July 1883 and, again, did not result in a guilty verdict. Failure to obtain a conviction tarnished the administration's image, but Arthur did succeed in putting a stop to the fraud.


Garfield's assassination by a deranged office seeker amplified the public demand for civil service reform. Both Democratic and Republican leaders realized that they could attract the votes of reformers by turning against the spoils system and, by 1882, a bipartisan effort began in favor of reform. In 1880, Democratic Senator George H. Pendleton of Ohio introduced legislation that required selection of civil servants based on merit as determined by an examination. This legislation greatly expanded similar civil service reforms attempted by President Franklin Pierce 30 years earlier. In his first annual presidential address to Congress in 1881, Arthur requested civil service reform legislation and Pendleton again introduced his bill, but Congress did not pass it. Republicans lost seats in the 1882 congressional elections, in which Democrats campaigned on the reform issue. As a result, the lame-duck session of Congress was more amenable to civil service reform; the Senate approved Pendleton's bill 38–5 and the House soon concurred by a vote of 155–47. Arthur signed the Pendleton Civil Service Reform Act into law on January 16, 1883. In just two years' time, an unrepentant Stalwart had become the president who ushered in long-awaited civil service reform.


At first, the act applied only to 10% of federal jobs and, without proper implementation by the president, it could have gone no further. Even after he signed the act into law, its proponents doubted Arthur's commitment to reform. To their surprise, he acted quickly to appoint the members of the Civil Service Commission that the law created, naming reformers Dorman Bridgman Eaton, John Milton Gregory, and Leroy D. Thoman as commissioners. The chief examiner, Silas W. Burt, was a long-time reformer who had been Arthur's opponent when the two men worked at the New York Custom House. The commission issued its first rules in May 1883; by 1884, half of all postal officials and three-quarters of the Customs Service jobs were to be awarded by merit. That year, Arthur expressed satisfaction with the new system, praising its effectiveness "in securing competent and faithful public servants and in protecting the appointing officers of the Government from the pressure of personal importunity and from the labor of examining the claims and pretensions of rival candidates for public employment."


Surplus and the tariff


With high revenue held over from wartime taxes, the federal government had collected more than it spent since 1866; by 1882 the surplus reached $145 million. Opinions varied on how to balance the budget; the Democrats wished to lower tariffs, in order to reduce revenues and the cost of imported goods, while Republicans believed that high tariffs ensured high wages in manufacturing and mining. They preferred the government spend more on internal improvements and reduce excise taxes. Arthur agreed with his party, and in 1882 called for the abolition of excise taxes on everything except liquor, as well as a simplification of the complex tariff structure. In May of that year, Representative William D. Kelley of Pennsylvania introduced a bill to establish a tariff commission; the bill passed and Arthur signed it into law but appointed mostly protectionists to the committee. Republicans were pleased with the committee's make-up but were surprised when, in December 1882, they submitted a report to Congress calling for tariff cuts averaging between 20 and 25%. The commission's recommendations were ignored, however, as the House Ways and Means Committee, dominated by protectionists, provided a 10% reduction. After conference with the Senate, the bill that emerged only reduced tariffs by an average of 1.47%. The bill passed both houses narrowly on March 3, 1883, the last full day of the 47th Congress; Arthur signed the measure into law, with no effect on the surplus.


Congress attempted to balance the budget from the other side of the ledger, with increased spending on the 1882 Rivers and Harbors Act in the unprecedented amount of $19 million. While Arthur was not opposed to internal improvements, the scale of the bill disturbed him, as did its narrow focus on "particular localities," rather than projects that benefited a larger part of the nation. On August 1, 1882, Arthur vetoed the bill to widespread popular acclaim; in his veto message, his principal objection was that it appropriated funds for purposes "not for the common defense or general welfare, and which do not promote commerce among the States." Congress overrode his veto the next day and the new law reduced the surplus by $19 million. Republicans considered the law a success at the time, but later concluded that it contributed to their loss of seats in the elections of 1882.


Foreign affairs and immigration


During the Garfield administration, Secretary of State James G. Blaine attempted to invigorate United States diplomacy in Latin America, urging reciprocal trade agreements and offering to mediate disputes among the Latin American nations. Blaine, venturing a greater involvement in affairs south of the Rio Grande, proposed a Pan-American conference in 1882 to discuss trade and an end to the War of the Pacific being fought by Bolivia, Chile, and Peru. Blaine did not remain in office long enough to see the effort through, and when Frederick T. Frelinghuysen replaced him at the end of 1881, the conference efforts lapsed. Frelinghuysen also discontinued Blaine's peace efforts in the War of the Pacific, fearing that the United States might be drawn into the conflict. Arthur and Frelinghuysen continued Blaine's efforts to encourage trade among the nations of the Western Hemisphere; a treaty with Mexico providing for reciprocal tariff reductions was signed in 1882 and approved by the Senate in 1884. Legislation required to bring the treaty into force failed in the House, however, rendering it a dead letter. Similar efforts at reciprocal trade treaties with Santo Domingo and Spain's American colonies were defeated by February 1885, and an existing reciprocity treaty with the Kingdom of Hawaii was allowed to lapse.


The 47th Congress spent a great deal of time on immigration, and at times was in accord with Arthur. In July 1882 Congress easily passed a bill regulating steamships that carried immigrants to the United States. To their surprise, Arthur vetoed it and requested revisions, which they made and Arthur then approved. He also signed in August of that year the Immigration Act of 1882, which levied a 50-cent tax on immigrants to the United States, and excluded from entry the mentally ill, the intellectually disabled, criminals, or any other person potentially dependent upon public assistance.


A more contentious debate materialized over the status of Chinese immigrants; in January 1868, the Senate had ratified the Burlingame Treaty with China, allowing an unrestricted flow of Chinese into the country. As the economy soured after the Panic of 1873, Chinese immigrants were blamed for depressing workmen's wages; in reaction Congress in 1879 attempted to abrogate the 1868 treaty by passing the Chinese Exclusion Act, but President Hayes vetoed it. Three years later, after China had agreed to treaty revisions, Congress tried again to exclude working class Chinese laborers ; Senator John F. Miller of California introduced another Chinese Exclusion Act that blocked entry of Chinese laborers for a twenty-year period. The bill passed the Senate and House by overwhelming margins, but this as well was vetoed by Arthur, who concluded the 20-year ban to be a breach of the renegotiated treaty of 1880. That treaty allowed only a "reasonable" suspension of immigration. Eastern newspapers praised the veto, while it was condemned in the Western states. Congress was unable to override the veto, but passed a new bill reducing the immigration ban to ten years. Although he still objected to this denial of entry to Chinese laborers, Arthur acceded to the compromise measure, signing the Chinese Exclusion Act into law on May 6, 1882. The Chinese Exclusion Act attempted to stop all Chinese immigration into the United States for ten years, with exceptions for diplomats, teachers, students, merchants, and travelers. It was widely evaded.


Naval reform


In the years following the Civil War, American naval power declined precipitously, shrinking from nearly 700 vessels to just 52, most of which were obsolete. The nation's military focus over the fifteen years before Garfield and Arthur's election had been on the Indian wars in the West, rather than the high seas, but as the region was increasingly pacified, many in Congress grew concerned at the poor state of the Navy. Garfield's Secretary of the Navy, William H. Hunt, advocated reform of the Navy and his successor, William E. Chandler, appointed an advisory board to prepare a report on modernization. Based on the suggestions in the report, Congress appropriated funds for the construction of three steel protected cruisers (Atlanta, Boston, and Chicago) and an armed dispatch-steamer (Dolphin), collectively known as the ABCD Ships or the Squadron of Evolution. Congress also approved funds to rebuild four monitors (Puritan, Amphitrite, Monadnock, and Terror), which had lain uncompleted since 1877. The contracts to build the ABCD ships were all awarded to the low bidder, John Roach & Sons of Chester, Pennsylvania, even though Roach once employed Secretary Chandler as a lobbyist. Democrats turned against the "New Navy" projects and, when they won control of the 48th Congress, refused to appropriate funds for seven more steel warships. Even without the additional ships, the state of the Navy improved when, after several construction delays, the last of the new ships entered service in 1889.


Civil rights


Like his Republican predecessors, Arthur struggled with the question of how his party was to challenge the Democrats in the South and how, if at all, to protect the civil rights of black southerners. Since the end of Reconstruction, conservative white Democrats (or "Bourbon Democrats") had regained power in the South, and the Republican party dwindled rapidly as their primary supporters in the region, blacks, were disenfranchised. One crack in the solidly Democratic South emerged with the growth of a new party, the Readjusters, in Virginia. Having won an election in that state on a platform of more education funding (for black and white schools alike) and abolition of the poll tax and the whipping post, many northern Republicans saw the Readjusters as a more viable ally in the South than the moribund southern Republican party. Arthur agreed, and directed the federal patronage in Virginia through the Readjusters rather than the Republicans. He followed the same pattern in other Southern states, forging coalitions with independents and Greenback Party members. Some black Republicans felt betrayed by the pragmatic gambit, but others (including Frederick Douglass and ex-Senator Blanche K. Bruce) endorsed the administration's actions, as the Southern independents had more liberal racial policies than the Democrats. Arthur's coalition policy was only successful in Virginia, however, and by 1885 the Readjuster movement began to collapse with the election of a Democratic president.


Other federal action on behalf of blacks was equally ineffective: when the Supreme Court struck down the Civil Rights Act of 1875 in the Civil Rights Cases (1883), Arthur expressed his disagreement with the decision in a message to Congress, but was unable to persuade Congress to pass any new legislation in its place. Arthur did, however, effectively intervene to overturn a court-martial ruling against a black West Point cadet, Johnson Whittaker, after the Judge Advocate General of the Army, David G. Swaim, found the prosecution's case against Whittaker to be illegal and based on racial bias. The administration faced a different challenge in the West, where the LDS Church was under government pressure to stop the practice of polygamy in Utah Territory. Garfield had believed polygamy was criminal behavior and was morally detrimental to family values, and Arthur's views were, for once, in line with his predecessor's. In 1882, he signed the Edmunds Act into law; the legislation made polygamy a federal crime, barring polygamists both from public office and the right to vote.


Native American policy


The Arthur administration was challenged by changing relations with western Native American tribes.   The American Indian Wars were winding down, and public sentiment was shifting toward more favorable treatment of Native Americans. Arthur urged Congress to increase funding for Native American education, which it did in 1884, although not to the extent he wished. He also favored a move to the allotment system, under which individual Native Americans, rather than tribes, would own land. Arthur was unable to convince Congress to adopt the idea during his administration but, in 1887, the Dawes Act changed the law to favor such a system. The allotment system was favored by liberal reformers at the time, but eventually proved detrimental to Native Americans as most of their land was resold at low prices to white speculators. During Arthur's presidency, settlers and cattle ranchers continued to encroach on Native American territory. Arthur initially resisted their efforts, but after Secretary of the Interior Henry M. Teller, an opponent of allotment, assured him that the lands were not protected, Arthur opened up the Crow Creek Reservation in the Dakota Territory to settlers by executive order in 1885. Arthur's successor, Grover Cleveland, finding that title belonged to the Native Americans, revoked Arthur's order a few months later.


Health, travel, and 1884 election


Shortly after becoming president, Arthur was diagnosed with Bright's disease, a kidney ailment now referred to as nephritis. He attempted to keep his condition private, but by 1883 rumors of his illness began to circulate; he had become thinner and more aged in appearance, and struggled to keep the pace of the presidency. To rejuvenate his health outside the confines of Washington, Arthur and some political friends traveled to Florida in April 1883. The vacation had the opposite effect, and Arthur suffered from intense pain before returning to Washington. Later that year, on the advice of Missouri Senator George Graham Vest, he visited Yellowstone National Park.  Reporters accompanied the presidential party, helping to publicize the new National Park system. The Yellowstone trip was more beneficial to Arthur's health than his Florida excursion, and he returned to Washington refreshed after two months of travel.


As the 1884 presidential election approached, James G. Blaine was considered the favorite for the Republican nomination, but Arthur, too, contemplated a run for a full term as president. In the months leading up to the 1884 Republican National Convention, however, Arthur began to realize that neither faction of the Republican party was prepared to give him their full support: the Half-Breeds were again solidly behind Blaine, while Stalwarts were undecided; some backed Arthur, with others considering Senator John A. Logan of Illinois. Reform-minded Republicans, friendlier to Arthur after he endorsed civil service reform, were still not certain enough of his reform credentials to back him over Senator George F. Edmunds of Vermont, who had long favored their cause. Business leaders supported him, as did Southern Republicans who owed their jobs to his control of the patronage, but by the time they began to rally around him, Arthur had decided against a serious campaign for the nomination. He kept up a token effort, believing that to drop out would cast doubt on his actions in office and raise questions about his health, but by the time the convention began in June, his defeat was assured. Blaine led on the first ballot, and by the fourth ballot he had a majority. Arthur telegraphed his congratulations to Blaine and accepted his defeat with equanimity. He played no role in the 1884 campaign, which Blaine would later blame for his loss that November to the Democratic nominee, Grover Cleveland.


Administration and cabinet

Judicial appointments


Arthur made appointments to fill two vacancies on the United States Supreme Court. The first vacancy arose in July 1881 with the death of Associate Justice Nathan Clifford, a Democrat who had been a member of the Court since before the Civil War. Arthur nominated Horace Gray, a distinguished jurist from the Massachusetts Supreme Judicial Court to replace him, and the nomination was easily confirmed. The second vacancy occurred when Associate Justice Ward Hunt retired in January 1882. Arthur first nominated his old political boss, Roscoe Conkling; he doubted that Conkling would accept, but felt obligated to offer a high office to his former patron. The Senate confirmed the nomination but, as expected, Conkling declined it, the last time a confirmed nominee declined an appointment. Senator George Edmunds was Arthur's next choice, but he declined to be considered. Instead, Arthur nominated Samuel Blatchford, who had been a judge on the Second Circuit Court of Appeals for the prior four years. Blatchford accepted, and his nomination was approved by the Senate within two weeks. Blatchford served on the Court until his death in 1893.


Later years


Arthur left office in 1885 and returned to his New York City home. Two months before the end of his term, several New York Stalwarts approached him to request that he run for United States Senate, but he declined, preferring to return to his old law practice at Arthur, Knevals & Ransom. His health limited his activity with the firm, and Arthur served only of counsel. He took on few assignments with the firm and was often too ill to leave his house. He managed a few public appearances, until the end of 1885.


After spending the summer of 1886 in New London, Connecticut, he returned home where he became seriously ill, and on November 16, ordered nearly all of his papers, both personal and official, burned. The next morning, Arthur suffered a cerebral hemorrhage and never regained consciousness; he died the following day, November 18, at the age of 57. On November 22, a private funeral was held at the Church of the Heavenly Rest in New York City, attended by President Cleveland and ex-President Hayes, among other notables. Arthur was buried with his family members and ancestors in the Albany Rural Cemetery in Menands, New York. He was laid beside his wife in a sarcophagus on a large corner of the plot. In 1889, a monument was placed on Arthur's burial plot by sculptor Ephraim Keyser of New York, consisting of a giant bronze female angel figure placing a bronze palm leaf on a granite sarcophagus.


Arthur's post-presidency was the second shortest of all presidents who lived past their presidency, after James K. Polk's brief three-month retirement before he died.


Legacy


Several Grand Army of the Republic posts were named for Arthur, including Goff, Kansas, Lawrence, Nebraska, Medford, Oregon, and Ogdensburg, Wisconsin. On April 5, 1882, Arthur was elected to the District of Columbia Commandery of the Military Order of the Loyal Legion of the United States (MOLLUS) as a Third Class Companion (insignia number 02430), the honorary membership category for militia officers and civilians who made significant contributions to the war effort.


Union College awarded Arthur the honorary degree of LL.D. in 1883.


In 1898, the Arthur memorial statue—a fifteen-foot (4.6 m), bronze figure of Arthur standing on a Barre Granite pedestal—was created by sculptor George Edwin Bissell and installed at Madison Square, in New York City. The statue was dedicated in 1899 and unveiled by Arthur's sister, Mary Arthur McElroy. At the dedication, Secretary of War Elihu Root described Arthur as, "...wise in statesmanship and firm and effective in administration," while acknowledging that Arthur was isolated in office and unloved by his own party.


Arthur's unpopularity in life carried over into his assessment by historians, and his reputation after leaving office disappeared. By 1935, historian George F. Howe said that Arthur had achieved "an obscurity in strange contrast to his significant part in American history." By 1975, however, Thomas C. Reeves would write that Arthur's "appointments, if unspectacular, were unusually sound; the corruption and scandal that dominated business and politics of the period did not tarnish his administration." As 2004 biographer Zachary Karabell wrote, although Arthur was "physically stretched and emotionally strained, he strove to do what was right for the country." Indeed, Howe had earlier surmised, "Arthur adopted [a code] for his own political behavior but subject to three restraints: he remained to everyone a man of his word; he kept scrupulously free from corrupt graft; he maintained a personal dignity, affable and genial though he might be. These restraints ... distinguished him sharply from the stereotype politician.”


Arthur's townhouse, the Chester A. Arthur Home, was sold to William Randolph Hearst. Since 1944 it has been the location of Kalustyan's Spice Emporium.


Notes


Arthur was Vice President under James A. Garfield and became President upon Garfield's death on September 19, 1881. This was prior to the adoption of the Twenty-Fifth Amendment in 1967, and a vacancy in the office of Vice President was not filled until the next election and inauguration.


Some older sources list the date as October 5, 1830, but biographer Thomas C. Reeves confirms that this is incorrect: Arthur claimed to be a year younger "out of simple vanity."


Arthur pronounced his middle name with the accent on the second syllable.


Even if he had been born in Canada, Arthur might have still claimed to be a "natural born citizen" based on his mother having been born in and recently resided in the United States.


The Twelfth Amendment to the United States Constitution applies that clause, which specifically restricts presidential eligibility, to would-be vice presidents: "No person constitutionally ineligible to the office of President shall be eligible to that of Vice-President."


Among the facts that argue against Hinman's theories are the entries for Chester A. Arthur in several U.S. Censuses from before he was politically prominent, which list his birthplace as Vermont, and the entry of his birth in the Arthur family Bible, which also indicates Vermont as his birthplace. In addition, contemporary newspaper articles, including the 1871 stories about his appointment as Collector of the Port of New York, all indicate that he was born in Vermont, though some incorrectly give his birthplace as Burlington. Hinman failed to explain why Arthur would have fabricated these records and the biographical information he provided to newspapers to conceal a Canadian birth when the only thing being born in Canada might possibly affect was Arthur's eligibility for the presidency, which no one at the time of his birth or in the years between his birth and his nomination for vice president in 1880 had any reason to think he would aspire to.


$10,000 in 1870 is equal to $202 thousand in present terms.


$50,000 in 1871 is equal to $1.07 million in present terms.


Charles K. Graham filled Merritt's former position.


Biographer George Howe takes this exchange at face value, but later biographers suspect it may be apocryphal.


Before the passage of the Seventeenth Amendment to the United States Constitution, Senators were elected by state legislatures.


Conkling and Pratt were ultimately denied re-election, being succeeded by Elbridge G. Lapham and Warner Miller, respectively.


One presidential oath was administered by a state court judge, also in New York City by a New York State judge: Robert Livingston, Chancellor of New York, administered the first presidential oath to George Washington at Federal Hall in 1789 (there were yet no federal judges). The only other presidential oath administered by someone other than a Federal justice or judge, the first swearing in of Calvin Coolidge in 1923 (by his father John Calvin Coolidge, Sr., a justice of the peace and notary public, in the family home), was also re-taken in Washington due to questions about the validity of the first oath. This second oath taking was done in secret, and did not become public knowledge until Harry M. Daugherty revealed it in 1932.


Arthur first offered the post to Edwin D. Morgan, who had been his patron in New York; Morgan was confirmed by the Senate, but declined on the grounds of age. He died in 1883.


The portion of the law denying citizenship to Chinese-American children born in the United States was later found unconstitutional in United States v. Wong Kim Ark in 1898.


A small number of Arthur's papers survived and passed to his grandson, Gavin Arthur (born Chester Alan Arthur III), who allowed Arthur's biographer, Thomas C. Reeves, to examine them in the 1970s.

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