History ETDs

Publication Date

6-15-1965

Abstract

Perhaps it can be said that the senatorial career or William Maxwell Evarts excludes his most notable accomplishments as a great constitutional lawyer. Such an observation would, indeed, have foundation, since Evarts goes down in history as the lawyer who defended President Johnson in 1867 and the Republican case before the Electoral Commission of 1876. Nevertheless, a study of Evarts' senatorial career is worthwhile for several reason .

First of all, the two major works on Evarts, Brainerd Dyer's The Public Career of Willie Maxwell Everts end Chester Barrow's William Evarts Lawyer, Diplomat, Statesman, treat Evarts' career in the Senate rather superficially end in a cursory fashion. Since these two works were intended to be more or less comprehensive studies or Evarts' public life, it can be said, in all fairness ta the authors, that such treatments of his career in the Senate ware justified within the context or hie overall career. Therefore, it is hoped that my study will throw some new light on a rather interesting aspect of the public career of an extremely able and successful Nineteenth Century lawyer.

Secondly, a study of Evarts’ career in the Senate seems worthwhile in view of the fact that during the period in which he was Senator, 1885 to 1891, a number of really important issues were presented to the Senate – issues involving the federal regulation of commerce, the granting of federal aid to the common schools in the states, presidential succession, the electoral count, reform of the federal Judiciary, the granting of the franchise to the Negro, silver and the tariff. Evarts, as a constitutional lawyer, was able to contribute certain valuable ideas to the resolution of several of these matters. It is my purpose, therefore, to throw some light on the application or a greet legal mind to the treatment of these problems, some of which are still with us today, notably the questions of granting the Negro the vote, presidential succession, and granting of federal aid to education in the states. My work, it is hoped, will enable the reader, not to mention the writer, to gain a certain amount or insight into the period covered by my study. Furthermore, perhaps a study or a famous lawyer and his ideas and views as applied to issues of his day will bequeath to the reader a comprehension of the legal and constitutional ramifications or certain problems that are still quite contemporary.

Finally, I have chosen to do a study or the senatorial career of William Maxwell Evarts because, as a descendent, I have bean for some time quite frankly interested in his political career. In view or the fact that I have been able to unearth a great deal or manuscript material from the Evart’s home in Windsor, Vermont, it seemed worthwhile to use some of this material in a study or Evarts’ senatorial career. It should be noted that a large part of the manuscript material uncovered within the last two years has not been thoroughly exploited. The vast bulk of these materials has mitigated against this writer's being able to make a thoroughgoing study of them. Nevertheless, I have been able to garner useful bits of information for my study from the Evarts papers. All this material will be donated to the Yale University Library this summer, where it ls hoped that it will serve, along with the rest of the Everts papers, the purpose of becoming the basis of a really thorough end definitive biographical study or Evarts by some able scholar.

Due to space end limitations, I have been unable to deal with all aspects or Evarts’ senatorial career. However, I have selected whet I consider to is most important contributions while in the Senate. It is hoped that my selection has not committed an injustice to Evarts' senator al career. l have chosen to exclude his views end activities in behalf of the Interstate Commerce Act, the prohibition of liquor traffic across state lines, Chinese immigration questions, copyright bills and number of other topics. Because Evarts played a very insignificant role in the handling of these topics before the Forty-ninth, Fiftieth and Fifty-first Congresses, such exclusions seem justified. I have decided to emphasize the part that Evarts played in foreign affairs, reconstruction matters, intellectual issues, partisan questions and judicial matters. In all of these areas, with possible exception of partisan questions, efforts contributed important and valuable ideas that assisted the Senate towards resolution of certain pressing problems of the day.

Level of Degree

Masters

Degree Name

History

Department Name

History

First Committee Member (Chair)

Gerald David Nash

Second Committee Member

Henry Jack Tobias

Third Committee Member

William Miner Dabney

Language

English

Document Type

Thesis

Comments

The UNMUL recognizes that due to its historical nature, this item may include racially and/or ethnically based language and content that may be biased, harmful, and oppressive.

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