Matthew H. Carpenter
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Matthew Hale Carpenter (born Decatur Merritt Hammond Carpenter; – ) was an American lawyer, politician, and
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pioneer. He represented Wisconsin for eight years as a
United States senator The United States Senate consists of 100 members, two from each of the 50 states. This list includes all senators serving in the 119th United States Congress. Party affiliation Independent Senators Angus King of Maine and Bernie Sanders of ...
, from 1869 to 1875 and again from 1879 until his death in 1881. He was recognized as an authority on
constitutional law Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in ...
, and made some of the most important legal arguments of 19th-century America, presenting several cases before the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on question ...
involving such matters as
states' rights In United States, American politics of the United States, political discourse, states' rights are political powers held for the state governments of the United States, state governments rather than the federal government of the United States, ...
and regulation of
corporations A corporation or body corporate is an individual or a group of people, such as an association or company, that has been authorized by the State (polity), state to act as a single entity (a legal entity recognized by private and public law as ...
; during the
American Civil War The American Civil War (April 12, 1861May 26, 1865; also known by Names of the American Civil War, other names) was a civil war in the United States between the Union (American Civil War), Union ("the North") and the Confederate States of A ...
, he argued many important cases establishing the legal framework for President
Abraham Lincoln Abraham Lincoln (February 12, 1809 – April 15, 1865) was the 16th president of the United States, serving from 1861 until Assassination of Abraham Lincoln, his assassination in 1865. He led the United States through the American Civil War ...
's war powers and the postwar
Reconstruction Acts The Reconstruction Acts, or the Military Reconstruction Acts, sometimes referred to collectively as the Reconstruction Act of 1867, were four landmark U.S. federal statutes enacted by the 39th and 40th United States Congresses over the veto ...
. Originally a
Democrat Democrat, Democrats, or Democratic may refer to: Politics *A proponent of democracy, or democratic government; a form of government involving rule by the people. *A member of a Democratic Party: **Democratic Party (Cyprus) (DCY) **Democratic Part ...
, he evolved into a Republican during the Civil War, and helped perpetuate the party's political machinery in Wisconsin. His sustained support for President
Ulysses S. Grant Ulysses S. Grant (born Hiram Ulysses Grant; April 27, 1822July 23, 1885) was the 18th president of the United States, serving from 1869 to 1877. In 1865, as Commanding General of the United States Army, commanding general, Grant led the Uni ...
's administration despite allegations of corruption lost him the backing of reformers, and his legal arguments in favor of Democratic candidate Samuel J. Tilden in the disputed presidential election of 1876 outraged many Republicans. A gifted orator, he was dubbed "the Webster of the West."


Background and education

Carpenter was born in
Moretown, Vermont Moretown is a New England town, town in Washington County, Vermont, Washington County, Vermont, United States. The population was 1,753 at the 2020 United States Census, 2020 census. History In 1913, 125 acres were purchased in North Moretown and ...
, in the Mad River Valley of the
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range. His pioneering forebears were English, and came to America soon after the Pilgrims. His grandfather Cephas Carpenter (1770–1860) helped establish Moretown, owned a store, served as a colonel in the militia and took part in the
War of 1812 The War of 1812 was fought by the United States and its allies against the United Kingdom of Great Britain and Ireland, United Kingdom and its allies in North America. It began when the United States United States declaration of war on the Uni ...
. Cephas Carpenter served in local office including justice of the peace, and though not a member of the bar, possessed wisdom and eloquence that led to a career as an advocate in the local courts. His son Ira Carpenter (1798–1862) was chiefly a farmer, but he also gained prominence through positions such as justice of the peace, postmaster and state legislator. Grandson Merritt displayed intelligence and oratorical talents at an early age, impressing people with his abilities to recite
Cicero Marcus Tullius Cicero ( ; ; 3 January 106 BC – 7 December 43 BC) was a Roman statesman, lawyer, scholar, philosopher, orator, writer and Academic skeptic, who tried to uphold optimate principles during the political crises tha ...
and exhort at religious revivals. He also displayed an aversion to physical work. After an explosive argument with a schoolmaster, the 13-year-old Carpenter was expelled from school. He was dissatisfied with the limits of Moretown, and left home to live and study law under the tutelage of family friend (and future Vermont governor)
Paul Dillingham Paul Dillingham Jr. (August 10, 1799 – July 26, 1891) was an American lawyer and politician. He served as a U.S. Representative from Vermont, the 24th lieutenant governor of Vermont from 1862 to 1865, and the 29th governor of Vermont from 1 ...
in nearby
Waterbury Waterbury is a city in the U.S. state of Connecticut. Waterbury had a population of 114,403 as of the 2020 United States census, 2020 Census. The city is southwest of Hartford, Connecticut, Hartford and northeast of New York City. Waterbury i ...
. For four years Carpenter attended the local grade school while absorbing Dillingham's law library. Having received an appointment to the
United States Military Academy The United States Military Academy (USMA), commonly known as West Point, is a United States service academies, United States service academy in West Point, New York that educates cadets for service as Officer_(armed_forces)#United_States, comm ...
through Vermont Congressman John Mattocks, Carpenter continued his studies, but he disliked military life and resigned in August 1845, citing poor health. He returned to live in Dillingham's home and managed his law office while Dillingham was then a congressman in Washington, D.C. Upon Carpenter's admission to the Vermont bar in November 1847 Dillingham offered to make him his law partner, but Carpenter declined so he could further his law studies under
Rufus Choate Rufus Choate () (October 1, 1799July 13, 1859) was an American lawyer, orator, and Senator who represented Massachusetts as a member of the Whig Party. He is regarded as one of the greatest American lawyers of the 19th century, arguing over a ...
of
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. Choate was also impressed with Carpenter, and after a few months he too offered him a partnership, but Carpenter sought to make a name and career for himself in the West.


Wisconsin attorney

After reading that the territory of Wisconsin had passed its constitution and was soon to become a state, Carpenter chose to migrate west and begin his career as a lawyer in Beloit on the endorsement of that spot by the New England Emigrating Society's Dr. Horace C. White. Arriving in June 1848, Carpenter quickly established a reputation as a successful and affordable attorney, attracting much acclaim from the local community. His practice was interrupted by a painful inflammation of his eyes which rendered him blind. After traveling to New York to seek treatment, his sight gradually recovered after a year as he convalesced in the Waterbury home of his mentor Dillingham. Before returning to Wisconsin he became engaged to Dillingham's daughter Catherine, and they married five years later. In 1850 Carpenter returned to resume his law practice in Beloit using a new name, Matthew (Matt) Hale Carpenter, after
Sir Matthew Hale Sir Matthew Hale (1 November 1609 – 25 December 1676) was an influential English barrister, judge and jurist most noted for his treatise ''Historia Placitorum Coronæ'', or ''The History of the Pleas of the Crown''. Born to a barrister and ...
, the noted English jurist of the 17th century. Despite an earlier warning from Choate to steer clear of politics, Carpenter successfully ran for Rock County district attorney, serving from 1850 to 1852 and 1854 to 1856. He was a Democrat in the tradition of
Thomas Jefferson Thomas Jefferson (, 1743July 4, 1826) was an American Founding Fathers of the United States, Founding Father and the third president of the United States from 1801 to 1809. He was the primary author of the United States Declaration of Indepe ...
and
Andrew Jackson Andrew Jackson (March 15, 1767 – June 8, 1845) was the seventh president of the United States from 1829 to 1837. Before Presidency of Andrew Jackson, his presidency, he rose to fame as a general in the U.S. Army and served in both houses ...
, but he disdained the party's pro-slavery platform while also rejecting Whig Party notions of opposing slavery based on "higher law"—the idea that individual belief of right and wrong permitted an individual to violate objectionable statutes and ordinances. After appearing to lose a close election for another term as Rock County district attorney in 1854, Carpenter successfully argued that courts could look beyond election board certifications and re-examine voter returns, resulting in the election being overturned.


''Gardner v. Tisdale''

In 1855 Carpenter discovered that many Beloit residents did not hold legal title to their land because it was sold to them by someone who had pre-empted the land but had not received official title from the government (
Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
had previously outlawed the pre-emption of non-agricultural land). Carpenter put forth the theory that the original pre-emptor was still technically the owner of the property. After several complicated transactions, some of which included Paul Dillingham selling new titles to the landowners, and appeals as far as the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on question ...
, which included participation by Dillingham, Rufus Choate,
Abraham Lincoln Abraham Lincoln (February 12, 1809 – April 15, 1865) was the 16th president of the United States, serving from 1861 until Assassination of Abraham Lincoln, his assassination in 1865. He led the United States through the American Civil War ...
and other prominent attorneys, Carpenter's legal theory was rejected in a similar case, so the Wisconsin case was withdrawn.


Barstow-Bashford election dispute

Wisconsin's gubernatorial election of 1855 was thrown into doubt when incumbent Democratic governor William A. Barstow was ruled the 157-vote victor over Republican Coles Bashford by a board of canvassers friendly to Barstow. Discrepancies were discovered in the election returns and political tensions rose as both parties claimed the office and swore in their candidates. Hired by Barstow, Carpenter stalled by repeatedly postponing the case before the
state supreme court In the United States, a state supreme court (known by other names in some states) is the highest court in the state judiciary of a U.S. state. On matters of state law, the judgment of a state supreme court is considered final and binding in ...
. He claimed that they held no
jurisdiction Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple level ...
because elections were matters of the
executive branch The executive branch is the part of government which executes or enforces the law. Function The scope of executive power varies greatly depending on the political context in which it emerges, and it can change over time in a given country. In ...
, which had ruled Barstow the winner. Nevertheless, the court did claim jurisdiction and the ability to examine election tallies (as Carpenter had previously argued for his own election for district attorney). Barstow then resigned, elevating Lieutenant Governor
Arthur MacArthur Arthur MacArthur is the name of: *Arthur MacArthur Sr. (1815–1896), lieutenant governor of Wisconsin and acting governor for four days; United States federal judge *Arthur MacArthur Jr. (1845–1912), his son, general in the United States Army an ...
to the governorship. After the court ruled that Bashford was the rightful governor, MacArthur gave up the office. Barstow subsequently refused to pay Carpenter his fee. Despite his defeat Carpenter had demonstrated his legal prowess to the state. A high volume of his cases required his presence in federal court in
Milwaukee Milwaukee is the List of cities in Wisconsin, most populous city in the U.S. state of Wisconsin. Located on the western shore of Lake Michigan, it is the List of United States cities by population, 31st-most populous city in the United States ...
, leading to him locating his practice there in 1858. He was also coaxed there by Democratic party boss Josiah Noonan, who arranged a law partnership between Carpenter and Edward G. Ryan, another highly regarded attorney and a force in the state Democratic Party. Despite their excellent credentials, they proved to be temperamentally incompatible, and ended their partnership the next year. Among the prospective attorneys who studied law under Carpenter in Milwaukee was Lyman W. Redington. By the time Carpenter moved to Milwaukee he had become adept in the area of railroad litigation and sued many railroads on behalf of investors left holding bonds made worthless by fraudulent manipulation. His debut before the U.S. Supreme Court resulted in his winning a judgment against the La Crosse and Milwaukee Railroad Company. He was also successful as part of a team of lawyers defending abolitionist
Sherman Booth Sherman Miller Booth (September 25, 1812August 10, 1904) was an American abolitionist activist, newspaper editor, and politician in Wisconsin. He was instrumental in forming the Liberty Party in 1840, the Free Soil Party in 1848, and finally the ...
from a charge of rape.


Loyal Democrat during the Civil War

Carpenter supported Democrat Stephen Douglas in the 1860 presidential election, viewing Republican Abraham Lincoln as an honest but incompetent sectional candidate. Yet, he warned those in his party that he saw secession as treason, and he would be "the first man to raise a musket" in defense of the Constitution. Following the Confederates' attack on Fort Sumter in 1861, Carpenter did not enlist but became a rousing speaker in support of the Union cause. While he saw that many federal actions would be unconstitutional in peacetime, he reasoned that arbitrary arrests and suspensions of ''
habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a legal procedure invoking the jurisdiction of a court to review the unlawful detention or imprisonment of an individual, and request the individual's custodian (usually a prison official) to ...
'' were acts of self-preservation during wartime and thereby permitted. He also became an early advocate for emancipation, but only as a war measure rather than an act of humanity. Excluded from meetings of the Democratic leadership, Carpenter joined other like-minded party members of the "Loyal Democracy" in considering a third party in Wisconsin, but nothing came of it. Personal letters he had written saying Lincoln was "idiotic" found their way into newspapers, but Carpenter supported him for re-election in 1864 by making numerous pro-Union and pro-Lincoln speeches.


Defining the Reconstruction Acts

Carpenter was the key attorney in a series of landmark cases before the U.S. Supreme Court which helped define states' rights by determining the legality of the
Reconstruction acts The Reconstruction Acts, or the Military Reconstruction Acts, sometimes referred to collectively as the Reconstruction Act of 1867, were four landmark U.S. federal statutes enacted by the 39th and 40th United States Congresses over the veto ...
passed by Congress. ''
Ex parte Garland ''Ex parte Garland'', 71 U.S. (4 Wall.) 333 (1867), was an important United States Supreme Court case involving the disbarment of former Confederate officials. Background In January 1865, the US Congress passed a law that effectively disbarred ...
'' dealt with the disbarment from federal courts of Southern lawyers who refused to take an oath swearing they had not taken up arms or assisted the Confederacy. Carpenter argued that the act passed on January 24, 1865, was '' ex post facto'' (the war had since ended) and a
bill of attainder A bill of attainder (also known as an act of attainder, writ of attainder, or bill of pains and penalties) is an act of a legislature declaring a person, or a group of people, guilty of some crime, and providing for a punishment, often without a ...
(it punished without a trial). In December 1865 the court upheld his argument with the majority opinion employing phrases from Carpenter's brief. '' Ex parte McCardle'' concerned the legal authority of the occupying Union Army. Confederate Colonel William H. McCardle, the editor of the '' Vicksburg Times'', was charged with defying military authority by inciting rebellion, libeling federal officials, and intimidating voters. After the circuit court denied him a writ of ''
habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a legal procedure invoking the jurisdiction of a court to review the unlawful detention or imprisonment of an individual, and request the individual's custodian (usually a prison official) to ...
'', McCardle appealed to the
Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over Stat ...
. Carpenter argued that the court lacked jurisdiction over a president's official acts, as in a similar case of his, ''Georgia vs. Grant''. Rather than claiming the Union's "
right of conquest The right of conquest was historically a right of ownership to land after immediate possession via force of arms. It was recognized as a principle of international law that gradually deteriorated in significance until its proscription in the af ...
," Carpenter said the Southern states had surrendered their constitutional protections when they had seceded, essentially reverting to territories. After he concluded his eloquent arguments, Secretary of War
Edwin Stanton Edwin McMasters Stanton (December 19, 1814December 24, 1869) was an American lawyer and politician who served as U.S. Secretary of War, U.S. secretary of war under the Lincoln Administration during most of the American Civil War. Stanton's manag ...
hugged him, declaring "Carpenter, you have saved us!" Even McCardle's attorney
Jeremiah S. Black Jeremiah Sullivan Black (January 10, 1810 – August 19, 1883) was an American statesman and lawyer. He served as a justice on the Supreme Court of Pennsylvania (1851–1857) and as the Court's Chief Justice (1851–1854). He also served in the ...
lauded him as "the first Constitutional lawyer in the country." However,
Radical Republicans The Radical Republicans were a political faction within the Republican Party originating from the party's founding in 1854—some six years before the Civil War—until the Compromise of 1877, which effectively ended Reconstruction. They ca ...
in Congress feared that the reconstruction acts would be ruled unconstitutional, so they quickly pushed through a law repealing the Habeas Corpus Act of 1867, barring jurisdiction in pending cases and preventing a clear decision from being rendered by the court. In the ''
Slaughter-house cases The ''Slaughter-House Cases'', 83 U.S. (16 Wall.) 36 (1873), was a landmark U.S. Supreme Court decision which ruled that the Privileges or Immunities Clause of the Fourteenth Amendment to the U.S. Constitution only protects the legal rights t ...
'' Carpenter represented the Crescent City Livestock Landing and Slaughterhouse Company, which had been granted a monopoly on all slaughterhouse business in
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by the
carpetbag A carpet bag is a top-opening travelling bag made of carpet, commonly from an oriental rug. It was a popular form of luggage in the United States and Europe in the 19th century, featuring simple handles and only an upper frame, which serve ...
state legislature of
Louisiana Louisiana ( ; ; ) is a state in the Deep South and South Central regions of the United States. It borders Texas to the west, Arkansas to the north, and Mississippi to the east. Of the 50 U.S. states, it ranks 31st in area and 25 ...
in 1869. Butchers and cattle dealers thrown out of work by the law obtained an injunction from a district court, claiming they had been denied
equal protection The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "nor shall any State... deny to any person within its jurisdiction the equal pr ...
under the Fourteenth Amendment and deprived of property under the due process clause. Making a plea for states' rights, Carpenter contended that the amendment had been intended solely to elevate African Americans and had no bearing on economic statutes passed by a state. He also warned of too many powers being centralized in the federal government. The court concurred in Carpenter's narrowing of the scope of the Fourteenth Amendment. In '' Bradwell vs. Illinois'', Carpenter sought to broaden the amendment's protections in the case of the editor of the
Chicago Chicago is the List of municipalities in Illinois, most populous city in the U.S. state of Illinois and in the Midwestern United States. With a population of 2,746,388, as of the 2020 United States census, 2020 census, it is the List of Unite ...
''Legal News'', Myra Bradwell, who had been denied admission to the bar of the
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because she was a woman. Representing Bradwell, Carpenter argued that no class of people could be excluded from practicing the legal profession. The federal court disagreed, questioning the propriety of ruling on a state's qualifications for admission to the bar. These cases brought Carpenter handsome fees, national acclaim, and much derision from the losing factions. He'd also won the support of Stanton and President
Ulysses S. Grant Ulysses S. Grant (born Hiram Ulysses Grant; April 27, 1822July 23, 1885) was the 18th president of the United States, serving from 1869 to 1877. In 1865, as Commanding General of the United States Army, commanding general, Grant led the Uni ...
, who both urged him to run as a Republican for the U.S. Senate.


Republican senator

Following the Civil War Carpenter's transformation from a Jeffersonian Democrat into a Republican was complete. Despite reports that he backed President Andrew Johnson's policies, he made speeches supporting the Radical congress. He called for the enfranchisement of African-American men and invited members of the Loyal Democracy to join the Republicans, as he himself did in the summer of 1867 with his support for Governor Lucius Fairchild's re-election. With high-profile backing Carpenter ran successfully for the senate seat occupied by
James R. Doolittle James Rood Doolittle Sr. (January 3, 1815July 27, 1897) was an American lawyer, politician, and Wisconsin pioneer. He represented Wisconsin for 12 years as a United States senator, from March 4, 1857, to March 4, 1869. During h ...
, a "Johnsonized" Republican who had fallen out of favor with his party. With his victory he solidified his status with the "Madison Regency," a Republican group that included former governor and Johnson's Postmaster General Alexander Randall, Madison postmaster Elisha W. Keyes and ''
Wisconsin State Journal The ''Wisconsin State Journal'' is a daily newspaper published in Madison, Wisconsin by Lee Enterprises. The newspaper, the second largest in Wisconsin, is primarily distributed in a 19 county region in south-central Wisconsin. As of Septembe ...
'' editor and Republican state central committee chairman Horace Rublee. After Rublee was appointed minister to
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by President Grant, Keyes became party chairman and closely coordinated with Carpenter to distribute federal patronage jobs to political allies. Once in the Senate, Carpenter moderated his views to the degree that he became one of the spokesmen of the emerging Stalwart Republicans. He opposed any "fundamental conditions" placed on states wishing to be readmitted to the Union, and favored blanket amnesty for former Confederates. Carpenter was known as one of the staunchest supporters of the Grant administration. In the Senate he presented an unabashed defense of political patronage, mocking the idea of civil service reform. Carpenter would garner a reputation for his oratory skills as a member of the Senate, including with a return to Beloit in 1869. At
Beloit College Beloit College is a private liberal arts college in Beloit, Wisconsin, United States. Founded in 1846 when Wisconsin was still a territory, it is the state's oldest continuously operated college. It has an enrollment of roughly 1,000 undergradua ...
, he gave a foreign policy speech that has been deemed particularly historically significant. He also feuded with Liberal Republican senators
Charles Sumner Charles Sumner (January 6, 1811March 11, 1874) was an American lawyer and statesman who represented Massachusetts in the United States Senate from 1851 until his death in 1874. Before and during the American Civil War, he was a leading American ...
and
Carl Schurz Carl Christian Schurz (; March 2, 1829 – May 14, 1906) was a German-American revolutionary and an American statesman, journalist, and reformer. He migrated to the United States after the German revolutions of 1848–1849 and became a prominent ...
over many issues. He delivered a sarcastic denunciation of Sumner's wide-reaching civil rights amendment to the Confederate amnesty bill. As the chair of an investigating committee he also debunked Sumner and Schurz's claim that the War Department had broken its neutrality when it sold outmoded rifles to
France France, officially the French Republic, is a country located primarily in Western Europe. Overseas France, Its overseas regions and territories include French Guiana in South America, Saint Pierre and Miquelon in the Atlantic Ocean#North Atlan ...
during the
Franco-Prussian War The Franco-Prussian War or Franco-German War, often referred to in France as the War of 1870, was a conflict between the Second French Empire and the North German Confederation led by the Kingdom of Prussia. Lasting from 19 July 1870 to 28 Janua ...
. Despite such skirmishes Carpenter was a respected figure in the senate, being elected president pro tempore by his colleagues in 1871. He also served as chairman of the Committee on Enrolled Bills ( 42nd Congress) and the committee to Audit and Control the Contingent Expense (42nd and 43rd Congresses). As part of another committee inquiry, Carpenter went to
Louisiana Louisiana ( ; ; ) is a state in the Deep South and South Central regions of the United States. It borders Texas to the west, Arkansas to the north, and Mississippi to the east. Of the 50 U.S. states, it ranks 31st in area and 25 ...
to investigate election claims in order to determine the rightful governor of the contested state. His report was highly critical of both factions, but he urged the recognition of Republican governor William P. Kellogg. Years later Carpenter's impartiality was called into question when personal letters revealed a close relationship between the two, including a "desperately short" Carpenter asking Kellogg for a $1,000 loan.


Drawing fire from press and party

As Carpenter's influence grew within the Grant administration, so did the condemnations from the press. One of his Senate investigations resulted in two journalists being jailed for not divulging the source of a leaked treaty. Opposition newspapers like the ''
New York Tribune The ''New-York Tribune'' (from 1914: ''New York Tribune'') was an American newspaper founded in 1841 by editor Horace Greeley. It bore the moniker ''New-York Daily Tribune'' from 1842 to 1866 before returning to its original name. From the 1840s ...
'' responded by not only criticizing Carpenter's methods, but by also condemning his moral character by bringing his private life into question. Later in his term editors accused Carpenter of trying to effectively "gag" newspapers by advancing a bill that would allow judicial process to be served upon the agents (i.e. interviewers) of persons involved in civil suits. In 1873 Carpenter angered many in his own party by taking positions that ran counter to the stalwart doctrine. In a spirit of reform he boldly owned up to administration excesses such as the Credit Mobilier and the "Salary Grab," defending them in a speech in Janesville. In a speech at
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he denounced the railroads, insisting they were public highways paid for with government land grants. He also stated his belief that the government has a right as well as a duty to regulate corporations. Wishing to make the ''
Milwaukee Sentinel The ''Milwaukee Journal Sentinel'' is a daily morning broadsheet printed in Milwaukee, Wisconsin, where it is the primary newspaper and also the largest newspaper in the state of Wisconsin, where it is widely read. It was purchased by the ...
'' into a more reliable organ for the state Republican party, Carpenter and other backers bought the paper and forced out editor Alexander M. Thomson, who had been instrumental in getting Carpenter elected senator. Thomson was now deemed too critical of the party machine. His ousting made him a lifelong enemy of Carpenter. The ''Sentinel'' soon was seen as Carpenter's personal mouthpiece. Despite the incessant criticism, Carpenter was seen as being easily re-elected in 1875. Nevertheless, a surprise bolt by disgruntled Republicans combined with votes by calculating Democrats resulted in the election of Angus Cameron, a
La Crosse La Crosse ( ) is a city in La Crosse County, Wisconsin, United States, and its county seat. Positioned alongside the Mississippi River, La Crosse is the largest city on Wisconsin's western border. La Crosse's population was 52,680 as of the 20 ...
Republican.


Out of office and under scrutiny

In 1875 Carpenter was implicated in the
Whiskey Ring The Whiskey Ring took place from 1871 to 1876 centering in St. Louis during the presidency of Ulysses S. Grant. The ring was an American scandal, broken in May 1875, involving the diversion of tax revenues in a conspiracy among government agent ...
scandal that funneled federal liquor tax revenues to some states' Republican parties. Although he was close to key participants in the Milwaukee ring, no evidence emerged to prove his involvement. During this time Carpenter, along with
Jeremiah S. Black Jeremiah Sullivan Black (January 10, 1810 – August 19, 1883) was an American statesman and lawyer. He served as a justice on the Supreme Court of Pennsylvania (1851–1857) and as the Court's Chief Justice (1851–1854). He also served in the ...
and
Montgomery Blair Montgomery Blair (May 10, 1813 – July 27, 1883) was an American politician and lawyer from Maryland. He served in the Lincoln administration cabinet as Postmaster-General from 1861 to 1864, during the Civil War. He was the son of Francis Pr ...
, was also defending Grant's Secretary of War
William W. Belknap William Worth Belknap (September 22, 1829 – October 12, 1890) was a lawyer, Union Army officer, government administrator in Iowa, and the 30th United States secretary of war, serving under President Ulysses S. Grant. Belknap was impeached o ...
against charges that he had accepted money in exchange for the appointment of a post trader.Poore, Ben. Perley, ''Perley's Reminiscences of Sixty Years in the National Metropolis'', Vol.2, pp.310-311 (1886)
Despite Belknap's immediate resignation outraged House Democrats proceeded with his impeachment. Carpenter portrayed Belknap as the hapless victim of a social-climbing wife, but his legal victory relied on his assertion that jurisdiction over Belknap ended with his resignation. Also in 1875 Carpenter was defense counsel for officials of the Miners’ National Association (MNA) in an important labor case that sought to apply the legal concept of conspiracy to union picketing and organization efforts. The case grew out of a coal miners' strike in
Clearfield County, Pennsylvania Clearfield County is a county in the Commonwealth of Pennsylvania. As of the 2020 census, the population was 80,562. The county seat is Clearfield, and the largest city is DuBois. The county was created in 1804 and later organized in 1822. ...
, which was supported by the MNA, then numerically one of the largest American trade unions. First over fifty of the striking workers were tried upon a charge of criminal conspiracy and thirty-six of them were convicted with some sentenced to jail, although they appeared to have been guilty of no more than peaceful picketing. Then
John Siney John is a common English name and surname: * John (given name) * John (surname) John may also refer to: New Testament Works * Gospel of John, a title often shortened to John * First Epistle of John, often shortened to 1 John * Second Ep ...
, the president of the MNA, and Xingo Parks, one of the union's best organizers, were tried on the same charge. Siney was acquitted, but Parks convicted, although pardoned shortly thereafter. Following the disputed presidential election of 1876, Carpenter was hired by supporters of the Democratic candidate Samuel J. Tilden to examine Louisiana's vote counts and argue for victory over Republican
Rutherford B. Hayes Rutherford Birchard Hayes (; October 4, 1822 – January 17, 1893) was the 19th president of the United States, serving from 1877 to 1881. Hayes served as Cincinnati's city solicitor from 1858 to 1861. He was a staunch Abolitionism in the Un ...
. Carpenter's first-hand accounts of the corrupt Republican state administration gave the Democrats some reason for hope, but ultimately the partisan make-up of the special electoral commission (7 Republicans, 6 Democrats) and its refusal to look behind the certified counts made many of their rulings a forgone conclusive win for Hayes.


Return to the senate

Despite ongoing press criticism and declining health, in 1878 Carpenter launched a bid for the senate seat occupied by Republican Timothy Howe. With the help of a strong lobby, he won over enough votes in the legislature to prevail over state party boss (and former friend) Elisha W. Keyes. Carpenter's second term as senator lacked the political drama of his Reconstruction years. He spoke in favor of President
Rutherford B. Hayes Rutherford Birchard Hayes (; October 4, 1822 – January 17, 1893) was the 19th president of the United States, serving from 1877 to 1881. Hayes served as Cincinnati's city solicitor from 1858 to 1861. He was a staunch Abolitionism in the Un ...
's maintenance of federal troops at southern polling places. He also vigorously opposed the Democrats' proposed pardoning of General Fitz-John Porter for ignoring General John Pope's orders at
Manassas Manassas (), formerly Manassas Junction, is an independent city in the Commonwealth of Virginia, United States. The population was 42,772 at the 2020 Census. It is the county seat of Prince William County, although the two are separate jurisdi ...
in 1863, arguing that the power of pardon resides solely with the president. Carpenter remained a loyal supporter of President Grant in his quest for a third term, igniting bitter debates between Carpenter and White House aspirant Senator
James G. Blaine James Gillespie Blaine (January 31, 1830January 27, 1893) was an American statesman and Republican politician who represented Maine in the United States House of Representatives from 1863 to 1876, serving as speaker of the U.S. House of Rep ...
of Maine.


Death

While Carpenter's evident declining health was attributed to his indulgent lifestyle, he also suffered from the lung congestion of
Bright's disease Bright's disease is a historical classification of kidney diseases that are described in modern medicine as acute or chronic nephritis. It was characterized by swelling and the presence of albumin in the urine. It was frequently accompanied ...
. After a cycle of relapses and recoveries he died on February 24, 1881, at his Washington, D.C., home surrounded by friends and family. He was buried at Forest Home Cemetery in Milwaukee.


Family

In 1855 Carpenter married Caroline Dillingham, the daughter of Paul Dillingham. They were the parents of four children. Daughters Ada and Annie were born and died in 1860. The other two lived to adulthood—a daughter named Lilian (1857–1942) and a son named Paul Dillingham Carpenter (1867–1932). Paul D. Carpenter was an attorney in Milwaukee and also served as judge of the county court.


See also

*
List of United States Congress members who died in office (1790–1899) The following is a list of United States United States Senate, senators and United States House of Representatives, representatives who died of natural or accidental causes, or who killed themselves, while serving their terms between 1790 and 18 ...


Notes


References

*


Further reading

* Flower, Frank A.
Life of Matthew Hale Carpenter
'. Madison, Wis.: David Atwood & Co., 1883. *
Memorial Addresses on the Life and Character of Matthew H. Carpenter, A Senator from Wisconsin
'. Washington, DC: U.S. Government Printing Office, 1882.


External links

* {{DEFAULTSORT:Carpenter, Matthew H. 1824 births 1881 deaths People from Moretown, Vermont American people of English descent Wisconsin Democrats Wisconsin Republicans Republican Party United States senators from Wisconsin Presidents pro tempore of the United States Senate Politicians from Beloit, Wisconsin Politicians from Milwaukee Massachusetts lawyers Vermont lawyers Wisconsin lawyers United States Military Academy alumni American militia officers People of Wisconsin in the American Civil War 19th-century American lawyers 19th-century United States senators