He was a Radical Republican taking a harsh line toward the defeated South, He was active in framing and pushing through Congress the Reconstruction legislation, and was instrumental in the passage of the second Civil Rights Act in 1875.
In the Republican National Convention at Cincinnati in 1876, Conkling first appeared as a presidential candidate, initially receiving 93 votes. His votes would later be thrown behind Rutherford B. Hayes in order to prevent the ascension of James G. Blaine. This marked the beginning of Conkling’s animosity toward Hayes.
He was one of the framers of the bill creating the Electoral Commission to decide the disputed election of 1876.
Early in 1880, Senator Conkling became the leader of the movement for the nomination of General Grant for a third term in the presidency.
After resigning from the Senate in 1881, he became a lawyer. As one of the original drafters of the Fourteenth Amendment, he claimed before the Supreme Court in San Mateo County v. Southern Pacific Railroad Company in 1882 that the phrase "nor deny to any person within its jurisdiction the equal protection of the laws" meant the drafters wanted corporations to be included, because they used the word "person" and cited his personal diary from the period. Howard Jay Graham, a Stanford historian and considered the pre-eminent scholar on the Fourteenth Amendment, named this case the "conspiracy theory" and concluded that Conkling probably perjured himself for the benefit of his railroad friends. This line of reasoning helped to solidify the concept of corporate personhood. Swindler (1983). This "conspiracy theory" is not yet clear.
Relationship with Chester Arthur
Conkling, a machine Republican, was the leader of the Stalwart (pro-Grant) faction of the GOP, in opposition to the "Half-Breeds" led by James G. Blaine. Conkling served as a mentor to Chester A. Arthur, beginning in the late 1860's. Arthur received from Conkling a tax commission post (along with a salary of $10,000), and was later put in charge of the New York City Custom House. However, In 1878 Conkling lost a key battle against Rutherford B. Hayes’s civil service reform. Hayes bypassed any vote on Arthur’s removal from office by simply promoting Merritt from surveyor to collector of the port of New York which ousted Arthur. Conkling and Arthur were so intimately associated that it was feared, after President James Garfield was assassinated, that the killing had been done at Conkling's behest in order to install Arthur as president (although this speculation was totally unfounded). Arthur later offered Conkling an appointment to the U.S. Supreme Court, although it was thought the gesture was merely "complimentary," that Conkling was too partisan to make a good Justice, and that Arthur was paying back his patron with the honor of nomination, even though it was expected Conkling would refuse.
In fact, Arthur's and Conkling's relationship was destroyed by the former's accession to the presidency. The Stalwarts faction that Conkling led was opposed to civil service reform, instead advocating the old patronage system of political appointments. Conkling had been unable to influence Garfield (a member of the rival Republican faction, the Half-Breeds) in the appointment of William H. Robertson for New York's port collector; it was Garfield's selections that prompted Conkling's resignation from Congress. When Arthur became president upon Garfield's death, Conkling attempted to sway his protégé into changing the appointment. Arthur, who would become an avid champion of civil service reform, refused. The two men never repaired the breach. Without Conkling's leadership, his Stalwart faction dissolved.
Burlingame, Sara Lee. "The Making of a Spoilsman: The Life and Career of Roscoe Conkling from 1829 to 1873." PhD dissertation Johns Hopkins U. 1974. 419 pp.
Eidson, William G. "Who Were the Stalwarts?" Mid-America 1970 52(4): 235-261. Issn: 0026-2927
Graham, Howard Jay. “The ‘Conspiracy Theory’ of the Fourteenth Amendment”. The Yale Law Journal. Vol. 47, No. 3. (Jan., 1938), pp. 371-403.
David M Jordan. Roscoe Conkling of New York: voice in the Senate, (1971) (ISBN 0801406250) the standard scholarly biography
Peskin, Allan. "Who Were the Stalwarts? Who Were Their Rivals? Republican Factions in the Gilded Age." Political Science Quarterly 1984-1985 99(4): 703-716. Issn: 0032-3195 Fulltext: online in Jstor
Reeves, Thomas C. “Chester A. Arthur and the Campaign of 1880”. Political Science Quarterly. Vol. 84, No. 4. (Dec., 1969), pp. 628-637.
Shores, Venila Lovina. The Hayes-Conkling Controversy, 1877-1879 (Smith College Studies in History, Vol. IV, No. 4, July, 1919), Northampton, MA, 1919. In The Spoils System in New York. Edited by James MacGregor Burns and William E. Leuchtenburg. New York: Arno Press, Inc. 1974.
Swindler, William F. "Roscoe Conkling and the Fourteenth Amendment." Supreme Court Historical Society Yearbook 1983: 46-52. Issn: 0362-5249
Eaton, Dorman B., The Spoils System and Civil Service Reform in the Custom-House and Post-Office at New York (Publications of the Civil Service Reform Association, No. 3), New York, 1881. In The Spoils System in New York. Edited by James MacGregor Burns and William E. Leuchtenburg. New York: Arno Press, Inc. 1974.