Benjamin Franklin Butler (politician) - Postbellum Political Career

Postbellum Political Career

Butler was a Republican member of the United States House of Representatives from 1867 to 1875 and again in 1877 to 1879. Despite his pre-war allegiance as a Democrat, in Congress he was conspicuous as a Radical Republican in Reconstruction legislation, and wrote the initial version of the Civil Rights Act of 1871 (Ku Klux Klan Act). After Butler's bill was defeated, Rep. Samuel Shellabarger of Ohio, drafted another bill—only slightly less sweeping than Butler's—which successfully passed both houses and became law upon Grant's signature on April 20. Along with Republican Senator Charles Sumner, he proposed the Civil Rights Act of 1875, a seminal and far-reaching law banning racial discrimination in public accommodations. The Supreme Court of the United States declared the law unconstitutional in the Civil Rights Cases (1883). Racial minorities in the United States would have to wait nearly a century before the Civil Rights Act of 1964 would reenact and expand the provisions of the law Butler backed.

Butler was one of the managers selected by the House to conduct the unsuccessful trial of impeachment of President Johnson, before the Senate, opening the case and taking the most prominent part.

He exercised a marked influence over President Grant and was regarded as his spokesman in the House. He was one of the foremost advocates of the payment in greenbacks of the government bonds. During his time in the House, he served as chairman of the Committee on Revision of the Laws in the 42nd Congress and the Judiciary Committee in the 43rd Congress.

In 1872, Butler was among the several high-profile investors who were deceived by Philip Arnold in a famous diamond and gemstone hoax.

Butler ran unsuccessfully for governor of Massachusetts as an independent in 1878, and also, in 1879, when he ran on the Democratic and Greenback tickets, but, in 1882, he was elected by the Democrats, who won no other state offices. From 1883 to 1884, he was Governor of Massachusetts. As Governor, he appointed the first Irish-American judge, and the first African-American Judge—George Lewis Ruffin. He also appointed the first woman to executive office, Clara Barton, to head the Massachusetts Reformatory for Women. As presidential nominee of the Greenback and Anti-Monopoly parties, he polled 175,370 votes in the presidential election of 1884. He had bitterly opposed the nomination by the Democratic party of Grover Cleveland and tried to defeat him by throwing his own votes in Massachusetts and New York to the Republican candidate, James G. Blaine.

Butler's income as a lawyer was estimated at $100,000 per year shortly before his death. He was an able but erratic administrator, and a brilliant lawyer. As a politician, he excited bitter opposition, and was charged, apparently with justice, with corruption and venality in conniving at, and sharing, the profits of illicit trade with the Confederates carried on by his brother at New Orleans and by his brother-in-law in the Department of Virginia and North Carolina, while General Butler was in command.

Butler died while attending court in Washington, D.C.. He is buried in his wife's family cemetery, behind the main Hildreth Cemetery in Lowell, Massachusetts. His descendants include the famous scientist Adelbert Ames, Jr., suffragist and artist Blanche Ames Ames, Butler Ames, and George Plimpton.