Benjamin Bristow
Encyclopedia
Benjamin Helm Bristow was an American
lawyer and Republican Party
politician who served as the first Solicitor General of the United States and as a U.S. Treasury Secretary
. Fighting for the Union, Bristow served in the army during the American Civil War
and was promoted to Colonel
. As America's first Solicitor General, appointed by President Ulysses S. Grant
, Bristow forcefully prosecuted the Ku Klux Klan
and enforced and advocated African American citizenship rights given after the Civil War. Sol. Gen. Bristow advocated African American citizens in Kentucky be allowed to testify in a white man's court case. Upon his appointment as Secretary of Treasury by President Grant, Bristow prosecuted and shut down the Whiskey Ring
; a bribery conspiracy by liquor distillers and government agents to defraud the Treasury millions of dollars each year. In 1876, Bristow ran for President, however, he was unsuccessful at gaining the Republican nomination that went to Rutherford B. Hayes
.
, Bristow was the son of Francis Bristow
, a Whig
member of Congress
in 1854-1855 and 1859-1861. He graduated at Jefferson College, Washington, Pennsylvania
, in 1851, studied law under his father, and was admitted to the Kentucky bar in 1853.
, Kentucky
.
of the 25th Kentucky Infantry
. In April 1862, he was severely wounded by an exploding shell at the Battle of Shiloh
in Tennessee and temporarily forced to retire from field duty in order to recover from his injury. After his recuperation, Lt. Col. Bristow returned to field service during the summer of 1862 and helped recruit the 8th Kentucky Cavalry
. On September 8, 1862 Bristow was commissioned Lieutenant Colonel over the 8th Kentucky Cavalry. Lt. Col. Bristow assumed command of the 8th Kentucky Cavalry in January, 1863 after Col. James M. Shackleford, the previous commander, was promoted Brigadier General. On April 1, 1863 Lt. Col. Bristow was promoted to Colonel and continued his command over the 8th Kentucky Cavalry. In July, 1863 Col. Bristow and the Kentucky 8th Cavalry assisted in the capture of John Hunt Morgan
during his July 1863 raid through Indiana and Ohio
.
in 1864, and the passage of the Thirteenth Amendment
that outlawed slavery.
. In 1866, Bristow was appointed District Attorney for the Louisville, Kentucky district. As district attorney, he was renowned for his vigor in enforcing the 1866 U.S. Civil Rights Act
. Bristow served as District Attorney until 1870 and spent a few months practicing law in partnership with future United States Supreme Court Justice John Harlan
.
and served until 1872. Sol. Gen. Bristow and U.S. Attorney General Amos Akerman prosecuted thousands of Klan
's men that resulted in a brief two year quiet period during the turbulent Reconstruction Era in the South. In 1873 President Grant nominated him Attorney General of the United States in case then Attorney General George H. Williams
was confirmed as Chief Justice of the United States
, a contingency which did not arise.
civil rights. Bristow advocated that blacks be given the right to testify in juries. At this time Kentucky
law forbid the 225,000 black U.S. citizens from testifying in any civil or criminal case involving a white man. He stated the Kentucky law that denied African Americans the right to testify in a white man's case had roots in slavery and was a "monstrous and grievous wrong to both races." Sol. Gen. Bristow stated that the Ku Klux Klan Act
and the previous Civil Rights acts passed by the U.S. Congress were designed to protect the "humblest citizens" from lawbreakers. Bristow stated he would, "tax the rich man's property to educate his poor neighbor's child", and he would "tax the white man's property to educate the black man's child." Sol. Gen. Bristow advocated free universal education and all property in Kentucky be taxed to pay for schools.
after William A. Richardson
was removed in light of the Sanborn incident
. As Treasury Secretary, he initiated a much-needed internal reorganization of the Treasury Department, dismissing the Second-Comptroller for inefficiency, shaking up the detective force, and consolidating collection districts in the Customs and Internal Revenue Service
s.
," which was headquartered in St. Louis
, and which, beginning in 1870 or 1871, had defrauded the federal government
out of a large part of its rightful revenue from the distillation of whiskey. Distillers and revenue officers in St. Louis, Milwaukee, Cincinnati and other cities were implicated, and the illicit gains, which in St. Louis alone probably amounted to more than $2,500,000 in the six years (1870–1876) were divided between the distillers and the revenue officers, who levied assessments on distillers ostensibly for a Republican campaign fund to be used in furthering Ulysses S. Grant's re-election. Prominent among the ring's alleged accomplices at Washington, D.C.
was Orville E. Babcock
, private secretary to President Grant, whose personal friendship for Babcock led him to indiscreet interference in the prosecution. Through Bristow's efforts more than 200 men were indicted, a number of whom were convicted, but after some months' imprisonment were pardoned. Largely owing to friction between himself and the president, Bristow resigned his portfolio in June 1876; as Secretary of the Treasury he advocated the resumption of specie
payments and at least a partial retirement of "greenback
s"; and he was also an advocate of civil service
reform.
having received the nomination. During the 1876 Republican Presidential Convention, Stalwart members of the Republican party, friends of President Grant, believed Bristow had been disloyal to Grant during the Whiskey Ring prosecutions, by going after Babcock. Rumor spread that Bristow had prosecuted the Whiskey Ring in an attempt to gain the 1876 Presidential Republican nomination. Bristow, however, proved to be a loyal statesman
and had desired to keep President Grant and the nation from scandal. When Sec. Bristow testified in front of a congressional committee on the Whiskey Ring, he would not give any specific information regarding his conversations with President Grant, having claimed executive privilege
.
Bristow was upset over not winning the Republican presidential nomination and over the rumor he had been disloyal to President Grant. Bristow retired from politics, never again to run for political office. After 1878 he practiced law in New York City
and on October 16 he established the law partnership of Bristow, Peet, Burnett, & Opdyke. Bristow was a prominent leader of the Eastern bar and was elected the second President of the American Bar Association in 1879. Having remained an advocate of Civil Service reform, Bristow was vice President of the Civil Service Reform Association. Bristow often ably argued in front of the U.S. Supreme Court. In 1896, Bristow suffered appendicitis
and died at his home on June 22, 1896.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
lawyer and Republican Party
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
politician who served as the first Solicitor General of the United States and as a U.S. Treasury Secretary
United States Secretary of the Treasury
The Secretary of the Treasury of the United States is the head of the United States Department of the Treasury, which is concerned with financial and monetary matters, and, until 2003, also with some issues of national security and defense. This position in the Federal Government of the United...
. Fighting for the Union, Bristow served in the army during the American Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
and was promoted to Colonel
Colonel (United States)
In the United States Army, Air Force, and Marine Corps, colonel is a senior field grade military officer rank just above the rank of lieutenant colonel and just below the rank of brigadier general...
. As America's first Solicitor General, appointed by President Ulysses S. Grant
Ulysses S. Grant
Ulysses S. Grant was the 18th President of the United States as well as military commander during the Civil War and post-war Reconstruction periods. Under Grant's command, the Union Army defeated the Confederate military and ended the Confederate States of America...
, Bristow forcefully prosecuted the Ku Klux Klan
Ku Klux Klan
Ku Klux Klan, often abbreviated KKK and informally known as the Klan, is the name of three distinct past and present far-right organizations in the United States, which have advocated extremist reactionary currents such as white supremacy, white nationalism, and anti-immigration, historically...
and enforced and advocated African American citizenship rights given after the Civil War. Sol. Gen. Bristow advocated African American citizens in Kentucky be allowed to testify in a white man's court case. Upon his appointment as Secretary of Treasury by President Grant, Bristow prosecuted and shut down the Whiskey Ring
Whiskey Ring
In the United States, the Whiskey Ring was a scandal, exposed in 1875, involving diversion of tax revenues in a conspiracy among government agents, politicians, whiskey distillers, and distributors. The Whiskey Ring began in St...
; a bribery conspiracy by liquor distillers and government agents to defraud the Treasury millions of dollars each year. In 1876, Bristow ran for President, however, he was unsuccessful at gaining the Republican nomination that went to Rutherford B. Hayes
Rutherford B. Hayes
Rutherford Birchard Hayes was the 19th President of the United States . As president, he oversaw the end of Reconstruction and the United States' entry into the Second Industrial Revolution...
.
Early life
Born in Elkton, KentuckyElkton, Kentucky
Elkton is a city in and the county seat of Todd County, Kentucky, United States. The population was 1,984 at the 2000 census. The city was founded by Major John Gray...
, Bristow was the son of Francis Bristow
Francis Bristow
Francis Marion Bristow was a United States Representative from Kentucky. He was born in Clark County, Kentucky. He pursued preparatory studies and studied law. He was admitted to the bar and commenced practice in Elkton, Kentucky.Bristow was a member of the Kentucky House of Representatives...
, a Whig
Whig Party (United States)
The Whig Party was a political party of the United States during the era of Jacksonian democracy. Considered integral to the Second Party System and operating from the early 1830s to the mid-1850s, the party was formed in opposition to the policies of President Andrew Jackson and his Democratic...
member of Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
in 1854-1855 and 1859-1861. He graduated at Jefferson College, Washington, Pennsylvania
Washington, Pennsylvania
Washington is a city in and the county seat of Washington County, Pennsylvania, United States, within the Pittsburgh Metro Area in the southwestern part of the state...
, in 1851, studied law under his father, and was admitted to the Kentucky bar in 1853.
Marriage and Kentucky law practice
On November 21, 1854, Bristow married Abbie S. Briscoe. In 1858, Bristow moved to and practiced law in HopkinsvilleHopkinsville, Kentucky
Hopkinsville is a city in Christian County, Kentucky, United States. The population was 31,577 at the 2010 census. It is the county seat of Christian County.- History :...
, Kentucky
Kentucky
The Commonwealth of Kentucky is a state located in the East Central United States of America. As classified by the United States Census Bureau, Kentucky is a Southern state, more specifically in the East South Central region. Kentucky is one of four U.S. states constituted as a commonwealth...
.
American Civil War
At the beginning of the Civil War in 1861, Bristow joined the Union Army. On September 21, 1861 he was appointed lieutenant colonelLieutenant Colonel (United States)
In the United States Army, United States Air Force, and United States Marine Corps, a lieutenant colonel is a field grade military officer rank just above the rank of major and just below the rank of colonel. It is equivalent to the naval rank of commander in the other uniformed services.The pay...
of the 25th Kentucky Infantry
25th Regiment Kentucky Volunteer Infantry
The 25th Kentucky Volunteer Infantry Regiment was an infantry regiment that served in the Union Army during the American Civil War.-Service:The 25th Kentucky Infantry was organized at Camp Joe Anderson near Hopkinsville, Kentucky and mustered in for a three year enlistment on January 1, 1862.The...
. In April 1862, he was severely wounded by an exploding shell at the Battle of Shiloh
Battle of Shiloh
The Battle of Shiloh, also known as the Battle of Pittsburg Landing, was a major battle in the Western Theater of the American Civil War, fought April 6–7, 1862, in southwestern Tennessee. A Union army under Maj. Gen. Ulysses S. Grant had moved via the Tennessee River deep into Tennessee and...
in Tennessee and temporarily forced to retire from field duty in order to recover from his injury. After his recuperation, Lt. Col. Bristow returned to field service during the summer of 1862 and helped recruit the 8th Kentucky Cavalry
8th Regiment Kentucky Volunteer Cavalry
The 8th Kentucky Volunteer Cavalry Regiment was a cavalry regiment that served in the Union Army during the American Civil War.-Service:The 8th Kentucky Cavalry was organized at Russellville, Kentucky and mustered in for one year on August 13, 1862...
. On September 8, 1862 Bristow was commissioned Lieutenant Colonel over the 8th Kentucky Cavalry. Lt. Col. Bristow assumed command of the 8th Kentucky Cavalry in January, 1863 after Col. James M. Shackleford, the previous commander, was promoted Brigadier General. On April 1, 1863 Lt. Col. Bristow was promoted to Colonel and continued his command over the 8th Kentucky Cavalry. In July, 1863 Col. Bristow and the Kentucky 8th Cavalry assisted in the capture of John Hunt Morgan
John Hunt Morgan
John Hunt Morgan was a Confederate general and cavalry officer in the American Civil War.Morgan is best known for Morgan's Raid when, in 1863, he and his men rode over 1,000 miles covering a region from Tennessee, up through Kentucky, into Indiana and on to southern Ohio...
during his July 1863 raid through Indiana and Ohio
Morgan's Raid
Morgan's Raid was a highly publicized incursion by Confederate cavalry into the Northern states of Indiana and Ohio during the American Civil War. The raid took place from June 11–July 26, 1863, and is named for the commander of the Confederates, Brig. Gen...
.
Kentucky state senator
On September 23, 1863 Col. Bristow, was honorably discharged from service in the Union Army; having been elected Kentucky State Senator by Christian County. Bristow had not known he had been elected and served one term as State Senator until 1865, having resigned office. Senator Bristow supported all Union war effort legislation, the Presidential election of Abraham LincolnAbraham Lincoln
Abraham Lincoln was the 16th President of the United States, serving from March 1861 until his assassination in April 1865. He successfully led his country through a great constitutional, military and moral crisis – the American Civil War – preserving the Union, while ending slavery, and...
in 1864, and the passage of the Thirteenth Amendment
Thirteenth Amendment to the United States Constitution
The Thirteenth Amendment to the United States Constitution officially abolished and continues to prohibit slavery and involuntary servitude, except as punishment for a crime. It was passed by the Senate on April 8, 1864, passed by the House on January 31, 1865, and adopted on December 6, 1865. On...
that outlawed slavery.
Postbellum
In 1865, Bristow was appointed assistant to the United States AttorneyUnited States Attorney
United States Attorneys represent the United States federal government in United States district court and United States court of appeals. There are 93 U.S. Attorneys stationed throughout the United States, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands...
. In 1866, Bristow was appointed District Attorney for the Louisville, Kentucky district. As district attorney, he was renowned for his vigor in enforcing the 1866 U.S. Civil Rights Act
Civil Rights Act of 1866
The Civil Rights Act of 1866, , enacted April 9, 1866, is a federal law in the United States that was mainly intended to protect the civil rights of African-Americans, in the wake of the American Civil War...
. Bristow served as District Attorney until 1870 and spent a few months practicing law in partnership with future United States Supreme Court Justice John Harlan
John Harlan
John Harlan may refer to:*John Marshall Harlan US Supreme Court Justice, 1877–1911*John Marshall Harlan II , his grandson, US Supreme Court Justice, 1955–1971*John Harlan , American television announcer-See also:...
.
Prosecuted Ku Klux Klan
In 1870, Bristow was appointed the first U.S. Solicitor GeneralUnited States Solicitor General
The United States Solicitor General is the person appointed to represent the federal government of the United States before the Supreme Court of the United States. The current Solicitor General, Donald B. Verrilli, Jr. was confirmed by the United States Senate on June 6, 2011 and sworn in on June...
and served until 1872. Sol. Gen. Bristow and U.S. Attorney General Amos Akerman prosecuted thousands of Klan
Ku Klux Klan
Ku Klux Klan, often abbreviated KKK and informally known as the Klan, is the name of three distinct past and present far-right organizations in the United States, which have advocated extremist reactionary currents such as white supremacy, white nationalism, and anti-immigration, historically...
's men that resulted in a brief two year quiet period during the turbulent Reconstruction Era in the South. In 1873 President Grant nominated him Attorney General of the United States in case then Attorney General George H. Williams
George Henry Williams
George Henry Williams was an American judge and politician. He served as Chief Justice of the Oregon Supreme Court, was the 32nd Attorney General of the United States, and served one term in the United States Senate...
was confirmed as Chief Justice of the United States
Chief Justice of the United States
The Chief Justice of the United States is the head of the United States federal court system and the chief judge of the Supreme Court of the United States. The Chief Justice is one of nine Supreme Court justices; the other eight are the Associate Justices of the Supreme Court of the United States...
, a contingency which did not arise.
Kentucky civil rights and education speech
In 1871, Sol. Gen. Bristow traveled to his native Kentucky state and in a speech advocated African AmericanAfrican American
African Americans are citizens or residents of the United States who have at least partial ancestry from any of the native populations of Sub-Saharan Africa and are the direct descendants of enslaved Africans within the boundaries of the present United States...
civil rights. Bristow advocated that blacks be given the right to testify in juries. At this time Kentucky
Kentucky
The Commonwealth of Kentucky is a state located in the East Central United States of America. As classified by the United States Census Bureau, Kentucky is a Southern state, more specifically in the East South Central region. Kentucky is one of four U.S. states constituted as a commonwealth...
law forbid the 225,000 black U.S. citizens from testifying in any civil or criminal case involving a white man. He stated the Kentucky law that denied African Americans the right to testify in a white man's case had roots in slavery and was a "monstrous and grievous wrong to both races." Sol. Gen. Bristow stated that the Ku Klux Klan Act
Force Acts
Force Acts can refer to several groups of acts passed by the United States Congress. The term usually refers to the events after the American Civil War.-Andrew Jackson's Tariff Enforcement :The Force Bill, 4 Stat...
and the previous Civil Rights acts passed by the U.S. Congress were designed to protect the "humblest citizens" from lawbreakers. Bristow stated he would, "tax the rich man's property to educate his poor neighbor's child", and he would "tax the white man's property to educate the black man's child." Sol. Gen. Bristow advocated free universal education and all property in Kentucky be taxed to pay for schools.
Internal reforms made
Grant later appointed him Secretary of the TreasuryUnited States Secretary of the Treasury
The Secretary of the Treasury of the United States is the head of the United States Department of the Treasury, which is concerned with financial and monetary matters, and, until 2003, also with some issues of national security and defense. This position in the Federal Government of the United...
after William A. Richardson
William Adams Richardson
William Adams Richardson was an American judge and politician.Born in Tyngsborough, Massachusetts, he graduated from Pinkerton Academy, Lawrence Academy at Groton, and attended Harvard University, graduating in 1843....
was removed in light of the Sanborn incident
Sanborn Incident
The Sanborn incident or Sanborn contract was an American political scandal which occurred in 1874.William Adams Richardson, Ulysses S. Grant’s Secretary of the Treasury, hired a private citizen, John D. Sanborn, to collect $427,000 in unpaid taxes. Richardson agreed Sanborn could keep half of what...
. As Treasury Secretary, he initiated a much-needed internal reorganization of the Treasury Department, dismissing the Second-Comptroller for inefficiency, shaking up the detective force, and consolidating collection districts in the Customs and Internal Revenue Service
Internal Revenue Service
The Internal Revenue Service is the revenue service of the United States federal government. The agency is a bureau of the Department of the Treasury, and is under the immediate direction of the Commissioner of Internal Revenue...
s.
Prosecuted Whiskey Ring corruption
He prosecuted the so-called "Whiskey RingWhiskey Ring
In the United States, the Whiskey Ring was a scandal, exposed in 1875, involving diversion of tax revenues in a conspiracy among government agents, politicians, whiskey distillers, and distributors. The Whiskey Ring began in St...
," which was headquartered in St. Louis
St. Louis, Missouri
St. Louis is an independent city on the eastern border of Missouri, United States. With a population of 319,294, it was the 58th-largest U.S. city at the 2010 U.S. Census. The Greater St...
, and which, beginning in 1870 or 1871, had defrauded the federal government
Federal government of the United States
The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...
out of a large part of its rightful revenue from the distillation of whiskey. Distillers and revenue officers in St. Louis, Milwaukee, Cincinnati and other cities were implicated, and the illicit gains, which in St. Louis alone probably amounted to more than $2,500,000 in the six years (1870–1876) were divided between the distillers and the revenue officers, who levied assessments on distillers ostensibly for a Republican campaign fund to be used in furthering Ulysses S. Grant's re-election. Prominent among the ring's alleged accomplices at Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
was Orville E. Babcock
Orville E. Babcock
Orville Elias Babcock was an American Civil War General in the Union Army. Immediately upon graduating third in his class as United States Military Academy in 1861, Babcock would go onto serve efficiently in the Corps of Engineers throughout the Civil War and was promoted to Brevet Brigadier...
, private secretary to President Grant, whose personal friendship for Babcock led him to indiscreet interference in the prosecution. Through Bristow's efforts more than 200 men were indicted, a number of whom were convicted, but after some months' imprisonment were pardoned. Largely owing to friction between himself and the president, Bristow resigned his portfolio in June 1876; as Secretary of the Treasury he advocated the resumption of specie
Money
Money is any object or record that is generally accepted as payment for goods and services and repayment of debts in a given country or socio-economic context. The main functions of money are distinguished as: a medium of exchange; a unit of account; a store of value; and, occasionally in the past,...
payments and at least a partial retirement of "greenback
Greenback
Greenback may refer to:In currency:* Greenback , a fiat currency issued during the American Civil War**United States Note**Demand Note, issued in 1861–62* A modern United States Federal Reserve Note...
s"; and he was also an advocate of civil service
Civil service
The term civil service has two distinct meanings:* A branch of governmental service in which individuals are employed on the basis of professional merit as proven by competitive examinations....
reform.
Presidential run, New York attorney, and death
Bristow was a prominent reforming candidate for the Republican presidential nomination in 1876 (see U.S. presidential election, 1876). He was defeated at the Republican convention; Rutherford B. HayesRutherford B. Hayes
Rutherford Birchard Hayes was the 19th President of the United States . As president, he oversaw the end of Reconstruction and the United States' entry into the Second Industrial Revolution...
having received the nomination. During the 1876 Republican Presidential Convention, Stalwart members of the Republican party, friends of President Grant, believed Bristow had been disloyal to Grant during the Whiskey Ring prosecutions, by going after Babcock. Rumor spread that Bristow had prosecuted the Whiskey Ring in an attempt to gain the 1876 Presidential Republican nomination. Bristow, however, proved to be a loyal statesman
Statesman
A statesman is usually a politician or other notable public figure who has had a long and respected career in politics or government at the national and international level. As a term of respect, it is usually left to supporters or commentators to use the term...
and had desired to keep President Grant and the nation from scandal. When Sec. Bristow testified in front of a congressional committee on the Whiskey Ring, he would not give any specific information regarding his conversations with President Grant, having claimed executive privilege
Executive privilege
In the United States government, executive privilege is the power claimed by the President of the United States and other members of the executive branch to resist certain subpoenas and other interventions by the legislative and judicial branches of government...
.
Bristow was upset over not winning the Republican presidential nomination and over the rumor he had been disloyal to President Grant. Bristow retired from politics, never again to run for political office. After 1878 he practiced law in New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
and on October 16 he established the law partnership of Bristow, Peet, Burnett, & Opdyke. Bristow was a prominent leader of the Eastern bar and was elected the second President of the American Bar Association in 1879. Having remained an advocate of Civil Service reform, Bristow was vice President of the Civil Service Reform Association. Bristow often ably argued in front of the U.S. Supreme Court. In 1896, Bristow suffered appendicitis
Appendicitis
Appendicitis is a condition characterized by inflammation of the appendix. It is classified as a medical emergency and many cases require removal of the inflamed appendix, either by laparotomy or laparoscopy. Untreated, mortality is high, mainly because of the risk of rupture leading to...
and died at his home on June 22, 1896.
Further reading
- Webb, Ross A., Benjamin Helm Bristow, border state politician, University Press of Kentucky (1969).