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memoir of henry billings brown

 
I. pp. 1-10 II. pp. 21-40 III. pp. 41-60 IV. pp. 61-80 V. pp. 81-100 VI. pp. 101-120 VII. end


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



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