continued
from Part II
sketched in his autobiography. In the year 1859 he heard
Wendell Phillips twice and was much impressed with his
power as a speaker, but was shocked by some of his views.
He thinks him a demagogue.
During
this year he suffered much from his eyes. November 8
he started for the West, gong by way of New York, Philadelphia
and Pittsburgh. At the latter place he called on Judge
Andrews, to whom he had a letter of introduction. The
judge gave him two letters to Detroit, but no hopes
of entering into business with him. From there he went
to Marshall, where he had an uncle on his mother's side.
He stayed in Marshall until December 6, when he
went to Detroit. There he was quite homesick for a time.
On December 19 he says: "How homesick I am.
Seeking a decent protest to go East." He soon got
pleasant friends in Detroit and was more cheerful. He
joined a literary club and went into society a good
deal. At the end of the year he makes the following
review:
Reflections
at the end of 1859: "The last six months of the
year have been greatly embittered by the failure of
my eyes. I have been forced entirely to relinquish reading
after sunset and thus am deprived of all opportunity
of cultivating literary tastes, to which I devoted my
evenings the first half of the year and in which I made
considerable progress. I attribute the disease either
to the strong gas light I used in the Cambridge library,
or to salve E. M. Brockway gave me to take the redness
from my lids. The occasion, I am afraid, was my anxiety
to succeed in that unfortunate prize affair in New Haven.
My eyes, since the relapse I suffered at Gorham on November 28,
by sitting two hours in front of a shining light, are
slowing improving, though I fear the improvement is
but temporary. Probably shall not be able to read much
evenings until next winter, if then. God grant I may
never be blind. Aside from this, the year has been well
spent, although my departure from New Haven was characterised
by one or two unpleasant incidents. My career in Cambridge
was a decided success. I gained all the honours I could
compete for, and stood well in the esteem of my fellow
students. My spring and summer vacations were, on the
whole, pleasantly spent. It is yet somewhat uncertain
whether I shall remain permanently in Detroit or not,
and it will depend mostly upon whether I get an opportunity
of entering into partnership with an established lawyer
or not. I like the place, am reading in the largest
office and boarding at the best hotel. The people are
extremely hospitable and receive me freely into their
society. My prejudices are still in some respects in
favour of the East."
The
diary of 1860 shows continued interest in society, and
taking par as a Republican in politics. He attended
lectures of eminent men and gives his criticism. On
Sundays he usually attended church, but at many different
places until he took a pew in the Fort Street Presbyterian.
His eyes still trouble him very much. He delivered a
Fourth of July oration at Marshall to his satisfaction
and that of the audience. July 13 is the entry: "Have
concluded to go East. Query. Shall I stay? I don't feel
at home in Detroit." July 25 he started for
the East. August 25 he was in Providence and was
there offered a seat in a lawyer's office, which he
accepted August 28. August 29 he enters: "Have
I got to return to Detroit?" August 30, he
writes: "Have nearly made up my mind it is my destiny
to return to Detroit. Would remain here were it not
for a rule requiring students to study six months."
September 20 he started back to Detroit. Thereafter
he does not appear to have thought of change. October 10
he says: "Hard up for cash, in short completely
drained." October 22 he says: "Emphatically
hard up for cash and creditors pressing." October 26
he writes: "My long expected remittance arrived.
Purchased $142 worth of law books and paid a few debts.
Took my first attorney's fee of $5.00. November 6,
voted for Lincoln, but bolted congressmen and some inferior
offices." Reflections at the end of 1860: "A
great disgust which I conceived for Detroit at the beginning
of the year, and which came near driving me to Providence
last summer, has not entirely disappeared. The truth
is, I am not more than half reconciled to the West,
and were it not for the proximity of my uncle's family,
I think it extremely doubtful if I remained here. I
am sometimes half sorry I did not stay in Providence.
My accidental seat in Walker & Russell's office
was a lucky hit in that it gave me Whispering Smith's
depositions, a job which rescued me from a tremendous
financial precipice and gave me several valuable acquaintances,
one of whom, Miller of Grand Rapids, has given me nearly
all the civil business I have had. My eyes (may the
Lord in his mercy be thanked) have been strong enough
since October to permit of my reading evenings
by the light of a coal oil lamp with a porcelain shade,
the only light soft enough for them to endure. The first
nine months they were entirely useless after sundown
so far as reading was concerned, and were a great source
of annoyance and discouragement. As far as my business
goes my situation is not peculiarly encouraging. I have
done but little because I could get but little to do,
and it is not in my nature to drum business as most
Western lawyers do, but a young lawyer must not expect
much. I do not despair. I hoped to have had an opportunity
of delivering a lecture this winter,
but none has occurred as yet. The Young Men's Society
here is a humbug. I am not entirely destitute of friends,
I hope.
"The
situation of the country is dreadful and civil war appears
almost inevitable. Anything but disunion; God help us."
March 12,
1861, he writes: "Eyes feeling uncomfortable again.
Have I another year of blindness and misery? Oh, God,
I hope not." March 14: "But little to
do now. General decay of business."
April 10:
"Called on Colonel Dickey at Michigan Exchange
at eve. Applied through him for the office of United
States Deputy Marshal. Mizner competes with me, and
will probably get it."
April 11:
"Got the appointment and moved into new office
in the Federal Building."
April 14
is this entry: "Fall of Sumter. Beginning of a
long war of which no man can see the end."
Other
entries show his interest in the war and devotion to
the North.
April 18:
He hears he has been appointed Assistant United States
District Attorney and writes: "Oh, Lord, ain't
it good."
July
2: "Received invitation to deliver Fourth of July
oration at Flat Rock, and went vigorously to work patching
up my last year's effort, adapting it to the times."
July 4: "Went down to Flat Rock to relieve myself
of speech. Found that most of them knew nothing about
a celebration. Spoke in church to fifty auditors. Was
presented with $1.63 for my effort."
September 3:
He joined a military company, called the Holt Guards,
and thereafter drilled with them from time to time.
On
the last of the year he makes the entry: "the past
year has been one of universal prosperity. Its chief
event -- my appointment as Deputy Marshal and Assistant
United States District Attorney -- was upon the whole,
I think a very fortunate one. While it has the effect
of withdrawing me to a certain extent from the fellowship
of the profession, and of making me less ardent in the
pursuit of business than I should be, if I have nothing
else to depend upon for my support, yet I think its
tendency will be to introduce me into an acquaintance
with the leading men of the State and throw in my way
some professional business.
"Indeed
I have already had quite a number of admiralty case
(for which I have a particular partiality), brought
to me through my connection with the marshal's office.
It has also brought me one or two excellent clients.
My professional business is much greater than it was
a year ago, and long may it live and grow. My health
is superb and socially everything is going on swimmingly,
although I have not found the right one yet.
"The
country, my greatest source of anxiety at present, is
in a dreadful state. We have entered upon a war to which
I can see no possible end, during the present administration
As I see its inevitable consequences in the loss of
life and property, in the vast issues of paper money
and consequent high prices, and depreciation of the
currency, and in the breaking up of the whole social
system, it absolutely makes me shudder. What its end
will be no man can tell, but all can safely prophesy
that it will work immense injury to both sections."
1862
-- January 4 -- is the entry: "Commenced making
up a most vexatious account for Washington, Moses, how
I dread it." January 13: "Took part in
Young Men's Society debate on Emancipation Question.
Was obliged to advocate it. Oh!"
January 25
he notes the purchase of "Alison's Europe."
In
May of this year he appears to have had a love
affair which was unsuccessful and made him unhappy for
a time.
May 30
he argued his first case in the Supreme Court of Michigan.
May 31 he finished his argument and is beaten,
and enters: "Verily there is little certainty in
the law." June 7 and following he takes lessons
in elocution
of a well-known teacher -- Professor Taverner.
June
9 he began writing a Fourth of July oration, though
had no invitation to speak. July 4 he writes: "Spent
A.M. practising my speech. Orated in P.M. at Michigan
State Retreat grounds to an audience mostly Catholics."
July 24 he writes: "Must I go into the army?"
During this month he went East to commencement at New
Haven, thence to his father's, thence to New York, Philadelphia,
Baltimore and Washington, thence to Winchester and Martinsburgh,
seeing something of war matters, thence home, arriving
at Detroit August 30. September 1 he writes:
"Civil life is getting stale. Shall I go into the
army? The only profession in this country is grim visage
war."
September 12
he writes: "Was woefully disappointed to-day in
not being elected lieutenant of my ward. Thwarted by
malignity of an enemy whom I never harmed. Revenge!"
September 18:
"Attended ward caucus this eve, and being only
Yankee there, was overcome with honours. Delegate to
county convention, president of meeting, chairman of
ward committee!!!" October 11: "Commenced
studying German once more." November 6: He
went hunting. He often this fall attended Republican
political meetings. November 21: He notes his first
acquaintance with the Pitts family, and on the 24th
that
he attended a Gottschalk concert with Caroline Pitts,
"a lovely damsel," who became his wife. There
are many subsequent entries this year as to his courtship
with Miss Pitts.
At
the end of 1862 he makes this entry: "this has
been a prosperous year for me. My connection with the
Marshal's office, I think is proving an advantage to
me in making me acquainted with the leading men of the
State and introducing me gradually, though slowly, into
business. After the 1st of July I ceased to act as the
regular office deputy of the Marshal, which place Charley
Dickey stepped into. I still hold my seat in the office,
retained a very pleasant sinecure out of it. My Eastern
collections latterly have diminished, owing to the business
put into my hands by the Graydons being completed. My
eyes, thank God, trouble me no more.
"Twice
I thought very seriously of participating in the terrible
Civil War which has raged the entire year, but circumstances
which I now regard as fortunate prevented my entering
the service. In my position as Assistant District Attorney,
for the last six months, merely a nominal office, I
was superseded in April by Mr. Russell, now District
Attorney, appointing his brother George. Such is the
ingratitude of republics. The close of the year finds
me again filling my old place as Assistant. Mr. Russell
having gone to Washington and George
having too much to do. Last winter I confined myself
much to my room evenings. This winter I go more into
society, partly as a matter of policy.
"Am
not married yet; I believe, though, subject to my old
distractions. My experiences this year have been more
than usually touching. Ah! I may not even commit to
this paper my emotions, disappointment in the bewitching
--. Weather has been wet and warm and not a day of skating
yet. My proximity to Marshal and the Don (a cousin)
is delightful, particularly as I have a pass on the
Central. Everything now wears the couleur de rose.
I dare not believe things will always remain thus. .
. . Admiralty business quite a source of revenue last
year, very poor this summer. Times were too good, vessels
paid too well. My other law business gradually increases.
Oh, for more cheek to fight for it! The condition of
the country could hardly be worse, and we are on the
verge of a general dissolution. Even politicians are
almost silent. We are holding our breath awaiting what
may come. President weak, cabinet divided and paralysed.
Generals in conflict, armies defeated, we all hope for
some great change. Pray God it may result in our permanent
good. All hope of extinguishing the rebellion must be
laid aside. The people have done more than nobly though.
Of general literature I have time to read but little
now. I have ecommenced
the study of German, though, and mean to master the
language sooner or later. Health excellent."
1863:
There are many entries showing his attention to Miss
Pitts, and his engagement some time in July. He regrets
greatly the division of Michigan into the Eastern and
Western Federal Courts, apparently because of its effect
on his business as Assistant District Attorney. February
14: "Attended meetings of Union Club at eve and
was appointed delegate to the National Convention at
Cincinnati." He delivered a Fourth of July oration
at Plymouth to an audience apparently attentive, though
not enthusiastic. He notes with joy the great victories
at Gettysburg and Vicksburgh. There is this entry at
the end of the year: "the past year has been to
me one of unlimited prosperity, although owing to the
general and unlimited falling off of collection business,
my professional emoluments have perhaps been equalled,
if not exceeded by that of the previous year, yet I
think there has been a slow though steady increase in
other classes of cases, keeping pace with a corresponding
growth of influence and acquaintances. Indeed I am closing
the year with a fair little docket of admiralty cases,
and that too in mid-winter. If a bankrupt law is passed,
I shall make extraordinary exertion to reach a new class
of cases growing out of it. I do not expect collection
business to revive much until the close of the war and
hard times come on, when the lawyers will begin to thrive
again. How said it is to think that our prosperity generally
grows fat upon the miseries of the rest of the world.
Criminal business I have not looked at during the past
year. My reputation is not sufficiently established
to have it come to me, and I consider a search for it
as too degrading for any respectable lawyer. My official
duties have been increased by my reappointment as Assistant
District Attorney, about the first of October last.
This has reduced my leisure hours to almost nothing
and left hardly time to read the daily newspapers, much
less enter upon any extensive literary undertaking.
I have been endeavouring for the past six months to
find time to write a political paper, but thus far have
made very little progress. My annual Fourth of July
oration is all I can accomplish. During the summer,
however, I rose half an hour before breakfast and read
a few lines of Cicero, a practice I intend to adhere
to in the future. I am making another spasmodic effort
to learn German, and have commenced a course of lessons
under a lady teacher. I really intend to acquire that
language, although it may take years to do it. My health
could not be better than it has been the past year,
and I do not now recall a single sick day. The beginning
of the New Year finds me a perfectly healthy man and
not exempt from draft. Perhaps the most important episode
of the year is my engagement to Carry Pitts. I see in
her now almost all that I could hope for or desire in
a wife, and I trust during the coming year to throw
the white veil over her shoulders. Well, I believe on
the whole I am pretty lucky fellow, and I cannot see
that I have anything to complain about."
July
13 1864, Mr. Brown was married to Caroline Pitts. Her
father was of an old and distinguished New England family.
He was a graduate of Harvard College. He was an intellectual,
cultivated and capable gentleman. He studied and practised
law for a time. Afterwards he was engaged in the lumber
business and became a man of wealth. The family has
a high social position. There were three daughters besides
Mrs. Brown and one son. Mrs. Brown was fine looking,
well educated, intellectual, and sympathetic with all
her husband's ambitions. The marriage was a very happy
one. There were no children. She suffered much from
ill health. After his marriage his society was largely
with her friends and relations, but their acquaintance
extended to the most cultured and wealthy people of
the city.
The
happy couple had a wedding tour down the St. Lawrence,
Montreal and Quebec, and visiting old friends and relatives
in New England. On their return they boarded first at
the Russell House and afterwards with Mr. Pitts, changing
apparently because of the enormous price demanded by
the former. The last of August he bought a substitute
for the war and paid him $850.
September
20 he writes of the excitement produced by the rebel
raid on Lake Erie. On the 29th he attended the draft
proceedings, though he had no personal interest, because
he had furnished a substitute. November 28 and December
16 and 17 he criticises the strongest language the conduct
of the judge before whom he was practising. December
14 he writes: "tried a weak case against -----
and convicted him. Tried a very strong case of smuggling
in P.M. and jury stood nine for acquittal and three
for conviction. Such are our boasted privileges of trial
by jury."
At
the end of 1864 he writes: "The great overshadowing
event of the year 1864 is undoubtedly matrimony, and
for this the year becomes memorable in my private annals.
I don't know that a man with a good wife has any reason
to grumble that he has lost his attraction among the
fair sex. Business continues with increasing prosperity,
although I have not that firm hold in the profession
that enables me to look lightly upon the possible loss
of official emoluments. My income, though larger by
nearly $300.00 than ever before, was, for
the first time, insufficient to meet my expense; this,
however, is attributed not to extravagance or the luxury
of a wife, but to the necessity of procuring a substitute.
This was a loss of $675, for which I had nothing to
show. My situation now is peculiarly pleasant, a good
home, a devoted wife, a prosperous business, greenbacks
enough; in short, have I not more reasons to be grateful
than any man in the State? My position as Assistant
District Attorney has thrown me into some important
cases, where I seem to have acquitted myself to the
satisfaction of my friends at least. I short, I am all
right, barring a slight shuddering at the thought of
my health."
1865:
February 13 and for some weeks thereafter he suffered
much pain from what he terms a "local trouble"
which prevented him from walking, but did not keep him
from his business. April 3 he writes: "Oh, Lord,
that I should live to see this day -- Richmond taken
-- end of the war. Great jubilee, stores and offices
close. Wandered around the city till late at night like
one demented. Nothing but ringing of bells, hoisting
of flags, enthusiasm and cheers."
July
23 he accepted an invitation to deliver a Fourth of
July address at St. John's. September 28 he writes of
going to see his farm. October 7 he writes: "Called
on Dr. Noyes to have my eyes attended to. They
are troubling me much again." October 23 he
writes: "Attended
Bar meeting at Biddle House. To my astonishment was
called upon the second one to respond to a regular toast.
Made a bad bull of it, spoiled my evening." November 1
he notes that he had a bad job in collecting a note
from the Chief Justice of the State. November 28
he notes an attendance on a new literary club where
the eight-hour movement was talked over.
December 22
and 24 he was writing an article on the Alabama claims
to be read at a club. December 31 he notes: "Sat
up pursuant to custom to see the New Year."
1866,
January 8, he writes: "retained in an elegant
murder case, where a gentleman chopped his sister in
pieces with an axe."
February 8
he writes: "general Sherman in town to-day. Got
an introduction to him by a masterly piece of strategy."
February 23: "Commenced writing an essay on
Jeff Davis for the Club." Sunday, March 18,
he writes: "Was forced to go down to law library
a few minutes much against my will." April 9:
"Indications now that I shall build this summer."
May 10: After a defeat in a criminal case, when
he was defeated by the jury, he writes: "Monstrous
poor luck I have had in trying cases. Guess I am not
much of a lawyer." May 16 he writes: "Elegant
murder case comes down from Port Huron." July 17
to August 14 he was absent
from Detroit, going to New Haven and Watch Hill. September 21
he writes thus: "Put not your trust in princes,
alas for the uncertainty of human glory. The axe has
fallen, and Dickey's head has tumbled into the basket.
Notice of Colonel Parhurst's appointment received this
A.M. `Sic transit gloria Mundi.'" On the
22nd he attended a Republican war caucus and on the
29th he changes his office because of the new marshal.
October 15
he writes: "got the first bid on my house to-day,
and was dreadfully discouraged to find it $6822.00,
exclusive of the lumber. Horrible! Lost all heart for
the thing." Still, October 26 he enters into
a contract for building the house. It was built on Jefferson
Avenue next to that of his wife's parents. It was of
wood. He resided there until much later. This house
was moved and a far more expensive one was built of
brick on the same ground, where he lived until his removal
to Washington. November 6, election day, he spent
two hours at the polls. November 7 he writes: "Glorious
victory all around. Democracy utterly prostrate. Thank
heaven for that." December 21 and 22 he was
so sick as to call a doctor. After his marriage he went
with his wife's family to the church of Dr. Duffield,
an old-school Presbyterian clergyman, able but very
orthodox. Sunday, December 30, is the entry: "Heard
Dr.
Duffield for the last time this winter. Gave us a solid
hour and a half of bigotry and nonsense. Can't stand
it any longer. Am going to commence the New Year with
the good resolution not to go again."
1867:
January 1 he made New Year's calls as usual with
two friends. He spent the day and achieved the number
of eighty. January 20 he writes: "Eyes not
strong enough to use much by candlelight." February 2
he writes: "Tried a justice case this morning and
to my thorough disgust and chagrin got beaten, although
I was for plaintiff and had a perfectly good case."
February 15
and 16 he was sick enough to send for a doctor. March 20:
"Attended a ward caucus and got elected a delegate
to the county convention. 21st: Spent most of the day
in Republican county convention to nominate delegates
to the Congressional convention. As chairman of the
committee had the virtual designation of delegates myself."
March 23
he writes: "Absolutely nothing to do. Getting to
feel disheartened at lack of business." 27th: He
was nominated Vice-President of the Young Men's Society
and declined the nomination. April 7 and for some
days thereafter he suffered from a painful boil. 26th:
"Admiralty cases decided against me. Mad but can't
help it." Several days in April he notes that he
is working on his garden -- business dull. May 10:
"Very
busy in office all day." June 26 he notices
the sudden death of Judge Witherell and the resignation
of the Bar. He worked to secure the appointment of C.
I. Walker as Witherell's successor. July 11: "Argued
my first case before Judge Walker this morning. Ah,
how different from what we have been accustomed to.
The golden age is approaching. But one more death is
needed to bring it on." July 9 Mr. Pitts
is taken seriously sick. July 14: "Did not
go to church. Sunday hangs heavily unless a fellow goes
to church in the morning." August 3: "Was
requested to run for alderman, but declined." Sunday,
August 25, he enters: "Did not go out at all,
Carry wishing me to stay with her. Felt guilty though."
August 29: "Business driving. See lots ahead."
August 31: "Alarming sign of failing of my
eyes. Must I give it up?" Other subsequent entries
show a continuance of trouble with his eyes. September 10
he writes: "Have little to do in office. Took possession
of our new house after ten, and slept in our front chamber
at last. Presented with a beautiful set of furniture
and plate, with everything to make us happy; but Carry's
health. Did my first marketing." September 20:
Because of some act of the Federal Judge he writes:
"God, what a tyrant we have to rule over us!"
October 10: "Charles Sumner called on the
Pitts. I seized the opportunity to see him."
October 10: He heard an "elegant" lecture
from Charles Sumner and says: "He is not a very
accurate speaker, but is a man of truly noble presence
and magnificent bearing." October 19: "Attended
Republican caucus. Made a speech and elected delegate."
October 24: "Attended Bar supper. Resolved
not to be caught as I was last year. Prepared myself
and was not called on." November 20: "Overburdened
with work, scratched away until 10 P.M." 22nd:
"Work getting dreadfully behind hand."
1868,
January 1: "Made seventy-eight calls."
3rd: "Suffered a humiliating defeat in a justice
court to-day, caused by my own negligence. Felt too
chagrined to enjoy a family tea party at the Pitts."
March 7: "Tendered my resignation as Assistant
United States District Attorney, to take effect on the
first of May." March 10: "Attended Republican
caucus. Elected president and delegate to county convention."
12th: "Spoke afterward at county convention. Appointed
delegate to State convention. In April Judge Walker
announced his intention of resigning the circuit judgeship;
the salary of judge was then but $1500 per annum. Judge
Walker took the place, expecting the salary to be raised.
It was not, and he resigned."
Sunday,
April 26: "Did not go to church on account of alarming
attack of Mr. Pitts. Started, but was called back.
Grew worse until two, when death struggle commenced,
and ceased not until twelve, when he died."
Mrs.
Brown, as one of the heirs of her father, inherited
what was then a large fortune, and she, with the other
heirs, became partners in a lumber business. Mr. Pitts
was but fifty-eight. The Browns appear to have become
independent of his law business, and to this must be
attributed his subsequent pursuit of office. May 27:
He attended the convention which nominated General Grant.
May 28: "Spent good part of day preparing
speech for a Republican rally, but my heart, as usual,
failed me at the last moment, and though called on I
declined." June 25: He was appointed Judge of the
Wayne Circuit by the Governor in place of Judge Walker,
who had resigned. July 2: He took his seat on the
Bench and soon after he went East to Saratoga and elsewhere.
While East a doctor whom he consulted "communicated
the disastrous intelligence that my beloved wife must
go into the hospital in the fall. Had a good cry all
around." July 24: "Got home and attended
to his judicial duties." Sunday, July 19:
"Sorry to say I wrote considerably on opinions."
24th: "The servant ladies both notified me of their
intention to leave. Let 'em go, d___n 'em!" September 13:
Sorry to say I violated the Sabbath by writing opinions."
September 14: He was nominated
please proceed to Part
IV, pp. 61-80