Jacob M. Howard

Jacob M. Howard
United States Senator from Michigan
In office January 17, 1862 – March 4, 1871
Preceded by	Kinsley S. Bingham
Succeeded by	Thomas W. Ferry
Attorney General of Michigan
In office 1855–1860
Governor	Kinsley S. Bingham Moses Wisner
Preceded by	William Hale
Succeeded by	Charles Upson
Member of the U.S. House of Representatives from Michigan's 1st district
In office March 4, 1841 – March 4, 1843
Preceded by	Isaac E. Crary
Succeeded by	Robert McClelland
Personal details
Born	Jacob Merritt Howard (1805-07-10)July 10, 1805 Shaftsbury, Vermont
Died	April 2, 1871(1871-04-02) (aged 65) Detroit, Michigan
Political party	Republican
Other political affiliations	Whig

Mr. Howard

Jacob Merritt Howard (July 10, 1805 – April 2, 1871) was a U.S. Representative and U.S. Senator from the state of Michigan during and after the American Civil War.

Early life

Howard was born in Shaftsbury, Vermont, and attended the district schools and the academies of Bennington and Brattleboro. He graduated from Williams College in Massachusetts in 1830 and then studied law. He moved to Detroit, Michigan in 1832 and was admitted to the bar in 1833 and commenced practice in Detroit. He was city attorney of Detroit in 1834 and a member of the Michigan State House of Representatives in 1838.

Congressional service

Howard was elected as a Whig to the United States House of Representatives for the Twenty-seventh Congress, serving March 4, 1841–March 4, 1843. He was not a candidate for renomination in 1842. He helped draw up the platform of the first Republican Party convention held in Jackson, Michigan, in 1854. He was Michigan Attorney General from 1855-1861.

Howard was elected as a Republican to the United States Senate in 1861 to fill the vacancy caused by the death of Kinsley S. Bingham. He was reelected in 1865 and in total served from January 1862, to March 1871. He was chairman of the Committee on Pacific Railroads in the Thirty-eighth through Forty-first Congresses.

As a Senator, he was the chief sponsor of the False Claims Act, a.k.a. "The Lincoln Law", that permitted whistle blowers to file qui tam lawsuits against government contractors for fraud, with the incentive of receiving a monetary reward based on the recovery made by the federal government. Howard justified giving rewards to whistle blowers, many of whom had engaged in unethical activities themselves, saying:

I have based the [qui tam provision] upon the old-fashioned idea of holding out a temptation, and ‘setting a rogue to catch a rogue,’ which is the safest and most expeditious way I have ever discovered of bringing rogues to justice.^[1]

Howard is credited with working closely with Abraham Lincoln in drafting and passing the Thirteenth Amendment to the United States Constitution, which abolished slavery. In the Senate, he also served on the Joint Committee on Reconstruction, which drafted the Fourteenth Amendment to the United States Constitution.

During debate over the first clause of the Fourteenth Amendment, he argued for including the phrase and subject to the jurisdiction thereof. Howard said:

[The 14th amendment] will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the government of the United States, but will include every other class of person.^[2]

Howard died in Detroit and is interred in Elmwood Cemetery.

Bibliography

• Maltz, Earl M., “Radical Politics and Constitutional Theory: Senator Jacob M. Howard of Michigan and the Problem of Reconstruction,” Michigan Historical Review, 32 (Spring 2006), 19–32.
• American National Biography
• Dictionary of American Biography

Notes

1. ↑ "When Bad Things Happen to Good Rogues". Pacific Standard. Retrieved 29 August 2013. 
2. ↑ A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774 - 1875 Congressional Globe, Senate, 39th Congress, 1st Session Page 2890 of 3840

External links

• Jacob M. Howard at the Biographical Directory of the United States Congress. Includes Guide to Research Collections where his papers are located.
• The Political Graveyard
• Howard's handwritten draft of speech to the Senate introducing the Fourteenth Amendment (via TIFIS.org).

United States Senators from Michigan Class 1 Lyon Porter Cass Fitzgerald Cass Chandler Christiancy Chandler Baldwin Conger Stockbridge Patton Burrows Townsend Ferris Vandenberg Moody Potter Hart Riegle Abraham Stabenow Class 2 Norvell Woodbridge Felch Stuart Bingham Howard Ferry Palmer McMillan Alger Smith Newberry Couzens Brown Ferguson McNamara Griffin Levin Peters

Members of the U.S. House of Representatives from Michigan Territory Woodbridge Sibley Richard Wing Biddle Wing Lyon Jones At-large Crary J. Howard Kelley Staebler 1st district McClelland Buel Penniman D. Stuart W. Howard Cooper W. Howard Granger Beaman Waldron Field A. S. Williams Newberry Lord Maybury J. L. Chipman Griffin Corliss Lucking Denby Doremus Codd Clancy Sosnowski Clancy Sadowski Tenerowicz Sadowski Machrowicz Nedzi Conyers Stupak Benishek 2nd district Lyon J. S. Chipman E. Bradley C. Stuart Sprague C. Stuart Noble Waldron Beaman Upson Stoughton Waldron Willits Eldredge Allen Gorman Spalding H. Smith Townsend Wedemeyer Beakes Bacon Beakes Michener Lehr Michener Meader Vivian Esch Pursell Hoekstra Huizenga 3rd district Hunt Bingham J. Conger Clark Walbridge Kellogg Longyear Blair Willard McGowan Lacey O'Donnell Burrows Milnes A. Todd Gardner J. Smith Frankhauser J. Smith A. B. Williams Hooper Kimball Main Shafer Johansen P. Todd G. Brown Wolpe Henry Ehlers Amash 4th district Stevens Peck Leach Trowbridge Kellogg Ferry Foster Burrows Potter Keightley Burrows Yaple Burrows Thomas Hamilton Ketcham Foulkes Hoffman Hutchinson Stockman Siljander Upton Camp Moolenaar 5th district Baldwin Trowbridge O. Conger Foster W. Williams Stone Webber Houseman Comstock M. Ford Belknap M. Ford Belknap Richardson W. Smith Diekema Sweet Mapes Jonkman G. Ford Vander Veen Sawyer Henry Barcia D. E. Kildee D. T. Kildee 6th district Driggs Strickland Sutherland Begole Durand Brewer Spaulding Winans Brewer Stout Aitken S. Smith Kelley Hudson Person Cady Blackney Transue Blackney Clardy Hayworth Chamberlain Carr Dunn Carr Upton 7th district O. Conger Rich Carleton Whiting Snover Weeks McMorran Cramton Wolcott McIntosh O'Hara Mackie Riegle D. E. Kildee N. Smith Schwarz Walberg Schauer Walberg 8th district N. Bradley Ellsworth Horr Tarsney Bliss Youmans Linton Brucker Fordney Vincent Hart Crawford Bentley Harvey Traxler Carr Chrysler Stabenow Rogers M. Bishop 9th district Hubbell Cutcheon H. Wheeler Moon R. Bishop McLaughlin Harry W. Musselwhite Engel Thompson Griffin Vander Jagt D. E. Kildee Knollenberg Peters Levin 10th district Hatch Fisher F. Wheeler Weadock Crump Aplin Loud Woodruff Loud Currie Woodruff Cederberg Albosta Schuette Camp Bonior Miller 11th district Breitung Moffatt Seymour Stephenson Avery Mesick Darragh Dodds Lindquist Scott Bohn P. Brown Luecke F. Bradley Potter Knox Clevenger Ruppe Davis Knollenberg McCotter Curson Bentivolio Trott 12th district Stephenson Shelden Young MacDonald James Hook Bennett Hook Bennett O'Hara Bonior Levin J. Dingell, Jr. D. Dingell 13th district Nichols McLeod Brennan McLeod O'Brien McLeod O'Brien Coffin O'Brien Diggs Crockett Collins W. Ford Rivers Kilpatrick Clarke Conyers 14th district Weideman Rabaut Youngblood Rabaut Ryan Nedzi Hertel Conyers Peters Lawrence 15th district J. Dingell, Sr. J. Dingell, Jr. W. Ford Collins Kilpatrick J. Dingell, Jr. 16th district Lesinski, Sr. Lesinski, Jr. J. Dingell, Jr. 17th district Dondero Oakman Griffiths Brodhead Levin 18th district Dondero Broomfield Huber Blanchard Broomfield 19th district Farnum McDonald Broomfield