continued from Part III …

for circuit judge by the Republicans. September 21: He notes that his wife reduced to writing an opinion he had formed. October 1: "Spent the afternoon in a meeting of the county committee looking over prospects of election." October 30: "Sick and disgusted with political business. Had to lock the doors of my office to keep out political beggars." He made considerable effort to get elected -- printing slips. On election day, November 3, he drove around to every poll in the city. "Kept slips in the hands of all my friends." November 4: "Woke up to find myself whipped, as I expected. Busied myself during the day figuring up majorities which I estimated at about three hundred and fifty. Ran five hundred and twenty ahead in the city." Judge Brown was defeated by a candidate far inferior, simply because the Democrats were in a majority in this county. He continued to be judge until November 21, and soon after became a partner in the firm of Newberry, Pond & Brown. This was a most important step in his professional progress, and soon gave him business of more importance than he had before had. Still for some time thereafter he continued to try justice and criminal cases.

1869, February 10: He attended a Republican convention for the nomination of regents as a delegate, and was appointed chairman of the committee on resolutions. March 1: He writes: "Learn that Russell is a candidate for the district judgeship, which lays me low. Felt blue." March 2: "Thirty-third birthday, no grey hairs, but growing bald." 31st: He delivered an address to the graduating law class at Ann Arbor and dined at Judge Cooley's. April 3: "Friend Larned is backing me for the district judgeship." This refers to the time when Judge Wilkins was about to retire: 9th: "Argued and submitted Foster case in Superior Court this morning. Ought to win, but my usual luck will probably follow me." May 29: "Invited to deliver a short address at the Medical Commencement June 8." 31st: "Very much pressed with business. Commencing new suits all of the time." June 18: "Have formed the habit of taking an hour's nap after dinner and like it hugely."

July 1: He notes that he won a verdict of not guilty in a criminal case, but adds: "The old cuss is guilty, I believe."

July 5: He went East with a large family party. He reached home July 11 and says: "Concluded the great pleasure of travelling was in getting home."

The 20th he makes this observation: "Passed an anxious, miserable day. Divided the human race into two classes -- those who are born to speculate and those who are not. I am not. Few who labour with their brains are." 21st: "Won disgracefully a little case in the justice's court. The justice of the peace's partiality so marked I was ashamed of him and myself." 24th: "Closed a bargain for a Jefferson Avenue lot for $9000.00. Now for a struggle to raise the money. For the first time in my life am obliged to borrow, accursed word." 28th: "Making very little money." August 11: "No money, awful hard up." 27th: "Made blue hearing of Harvard's defeat in Oxford boat race." October 4: "Three decisions in my favour in Wayne Circuit to-day. Patchin [his successful opponent] not such a bad judge after all." November 9: "bad news from Ionia; case went against me, cuss the judge." November 28, Thanksgiving Day: "Dined gorgeously at the Pitts and got very mellow on champagne." 30th: "Defended some boys for robbery and got whaled. Judge Wilkins sent 'em up cruelly for thirteen years. I trust this may be his last official act in which I may be interested." December 9: "Spent most of P.M. at a Bar meeting to celebrate Judge Wilkins' retirement." Judge Wilkins was succeeded by Judge Longyear. 1870, January 11: He goes to Toledo to try a case and says: "Find Waite [afterwards Chief Justice of the Supreme Court] the nearest my beau ideal of a lawyer I ever say." 28th: "Very blue day; lots of bills and no money; heaps of regrets and few prospects." February 9: "Felt blue and full of disappointments." May 11: He notes the delivery of his opening lecture on Medical Jurisprudence. May 23 and 24 he notes that he is very blue. Sunday, June 12 he says: "Attended church and became sort of disaffected. Think I'll not go any more." He did not adhere to his resolution. September 18: Sunday, he attended St. Paul's in A.M. and Christ's Church in the eve. October 24, he writes: "Blockhead Patchin decided a case against me this morning."

October 30, Sunday: "Spent pleasant evening with Carry reading poetry." November 1: "Made a political speech to a ward meeting, not a happy effort."

November 17: "Resolved that under no circumstances will I ever employ counsel in a case involving less than $1000.00 or call one in the midst of a case."

November 29: "Spent the entire morning trying the last small justice case I shall ever dabble with." November 30: "Came down after dinner to a woman's suffrage convention and heard some viragoes talk. Returned disgusted." December 16: "went to hear the divine Neilson. She charges high, but she ravishes. The most adorable singing ever heard." January 4, 1871: "was sick with a terrible headache and went to bed at four o'clock." January 14: "Great financial disaster of N. P. & B." May 13: "Attended a citizens' meeting to see about opening the new city hall. Russell chosen orator, somewhat to my chagrin." 22nd: "Gave fourth lecture to medix." 31st: "Bar supper. Spoke among others." June 8: "A black day, blue black day of mortifications." 19th: "Last lecture at the medical school, perhaps for aye." 23rd: "Went as one of a committee to select a minister. Selected and got Rev. Geo. D. Baker and was pleased with him." 1872, January 2: "Park meeting this evening a sell. Got off a little speech and was interrupted before finishing. Much labour lost. Distrust prepared speeches. Better extempore." 15th: "attended first political meeting of the campaign at postmaster's room."

February 2: "Terrific headache. Worst of the season. Too sick to argue motion in the United States Court." He was subject to many headaches at this time. 29th: While at Buffalo, New York, on law business, he was sued, much to his annoyance, but on what grounds does not appear.

April 4: "For the first time in many years begin to feel that I would like more law business than I have got." 6th: "Elected President of tenth ward Republican Club." June 3: "Commenced at $25.00 per week to Carry, she to pay all provision bills, including women servants' wages, taking care of yard and other odd jobs about the house." May 14: "Find my name on the slate for Congress." July 10: "Attended meeting of Republican Club and made a short and very unsatisfactory speech. Something must be done or I must give up ex tempore speaking." At this time he became a candidate for the Republican nomination for Congress. Moses W. Field was his successful opponent. Mr. Brown made an active canvass. August 2 he writes: "Drove down into ninth ward to `fix things' for caucus to-night. walker up after tea and settled my last night's bills, a good round sum too. Expensive business, carrying the tenth." August 6: "Made final preparations for the convention to-morrow. Called canvass of friends. Drove out to Greenfield after tea to see a delegate. I can truly say I have done nothing and left nothing undone which I regret, and yet I care not a fig for the nomination."

August 7, he writes, the day of his defeat in his race or the Republican nomination for Congress: "Went in and got scooped out, very little to my sorrow, a victim of bad advice. Mustered but twenty-eight votes out of ninety; a good compliment, but not enough to elect. Resumed the practice of law at four o'clock, a wiser, but not a sadder, man." September 2: "Find I must give up coffee and ought to give up smoking."

November 1: "Satisfied myself that Field would be elected and began to grieve that I did not get the nomination." November 7: "Sorry I was not nominated."

November 16: "Defended chap for receiving stolen goods and got beat, as I deserved." November 19. "Very busy, lots of work, but poor pay." December 3: "To-day the firm of Newberry, Pond & Brown ceases to exist, and to-morrow the firm of Pond & Brown commences business."

At the end of 1872 there is this entry: "The year 1872, full of public calamities, disasters by fires, floods and moving accidents, has not been particularly eventful to me personally. Barring my unfortunate Congressional candidature, the current of my life ran smoothly. I have made large additions to my law library. My business becomes steadily more profitable, and I think I can safely say I am not failing in influence. One resolve I make at the close of the year -- to devote one month of every year hereafter to recreation. I mean that nothing shall interfere with that."

1873, January 9: "Encountered an awful excoriating in the Sunnyside case. Judge intimated he should beat me so strongly that 'tother side said nothing." January 17: "getting up an article on judicial salaries."

February 23: He notes that he began work on a volume of reports. This became "Brown's Admiralty Reports," which is well known among admiralty lawyers. March 11: "Went down to Common Council to log roll a little." January 21: "Engaged passage on steamer Republic for Liverpool." March 31: "Great excitement through the town on the judicial question. Bar held a meeting in the evening and nominated Pond." April 1: "Poor Pond in a peck of trouble, almost in tears. Begged hard to get out of it." 2nd: "Pond and his friends beg me to let my name be used before the committee. I finally consented, although I know it will be useless. 3rd: "Convention met to-day and committee did not nominate me, but Jennison." The nomination was for the Superior Court. Cochrane was nominated by the Democrats and elected April 28; Mr. Brown was beaten in a case against him personally in Buffalo, New York, and a verdict rendered of $1616.00. He was much disgusted.

In June, Mr. Brown sailed for Europe and was gone about two months. He was in Edinburgh, London, Paris and Brussels, and at the latter place bought $2000 worth of pictures. August 28: On return voyage he writes: "Fell violently in love with a girl from Ogdensburgh." In October he went to Washington to try his first case in the Supreme Court and writes this: "Found Judge Parker at the Arlington, who moved my admission to the Supreme Court. Swell Court, big dignity." That day and the next he called on most of the justices. November 20 and 21 he enters that he was "blue, blue, blue." November 28 he enters: "Overburdened with work." December 17: "Annual meeting and sociable of First Protestant Society. Of course put on a committee. Vowed almost I'd never go to another public meeting." December 31 he enters: "the year just closed has not been remarkably prosperous. My income has not been as great and a number of disagreeable things have happened. Its chief pleasurable feature is my trip to Europe. Sickness in Pond's family made serious inroads on business and diminished largely our receipts. My own share had been as large as usual. On the whole, glad it's gone."

1874, January 1: He made many New Year calls as usual. 2nd: "Turned over a new leaf and resolved among other things to make clients pay." 9th: "Office crowded with clients, more than I can possibly attend to."

13th: Has a telegram announcing success in a case in Supreme Court. March 9: Has another telegram from Washington announcing his defeat in an attempt to mandamus Judge Emmons. 21st: He attended to a "little matter at police court." April 28: He took preliminary steps for foundation of Social Science Association. May 14: "Spent P.M. at police court prosecuting a chap for assault and battery. Convicted him." 18th: "Persuaded to go to New York to-morrow as delegate to Social Science Association." 22nd: "Made a little speech in Social Science Association. Read a paper of Brockway's on Prison Reform."

June 15: "Argued case of City of Buffalo on appeal before Swayne, and beaten. A judicial outrage; I never want to see him again."

October 5: "Pestered by applicants to go to the Legislature. Hesitated somewhat, but finally made up my mind to refuse."

October 19: "A very annoying day. Lost Rosenfield case under very exasperating circumstances. Overwhelmed with business." 24th: "Expect to be called to Washington." November 1: "I desire here to note that the month of October was the most beautiful I have ever seen in any season or in any climate."

November 8: "Started to Washington to argue case." November 12: "went immediately to work upon another Washington brief." December 27: "Much pleased with `Lewis' History of Germany,' a new work just out."

1875, January 1: "Made about fifty calls." 6th: "Dreadfully overrun with work." 11th: "Re-elected director of a street railway company." (Fort Street.) January 12: "attended stockholders' meeting of American Plate Glass Co. The last year's business in the Pitts' lumber business shows a loss of $50,000.00.' 24th: "Drank my last drop of sparkling wine for many a long day. Am satisfied there is headache in it, and I renounce it." 25th: "Better satisfied than ever of the effects of champagne -- a tearing headache all day." 29th: "Smitten with an exquisite ballad -- Douglas, Douglas, tender and true."

February 8 and 9: He had a chill. February 10: He sent for a doctor. He writes: "first day's absence from office for sickness since I have been at the Bar." He did not return to his office until the 17th.

March 12 he writes: "Judge Longyear dead. Oh, God, how horrible! Attended Bar meeting in P.M. Completely paralysed, not a stroke of work done. Already plenty of talk of his successor. Offers of friendship sent and freely made."

Judge Longyear died very suddenly in the prime of life, and his death had a most marked effect on Mr. Brown's future. He at once entered on an active canvass for the position of United States District Judge. I remember well when he came to my office, and after asking if I wished the office and receiving a negative answer, asked me to support him. This I earnestly did. I do not remember that there were other candidates. The salary of a district judge was then but $3500.00 per annum, an amount too small to attract competent lawyers, who were dependent on their earnings.

March 15: "Went to funeral services at Judge Longyear's house. Collecting letters, etc., preparatory to going to Washington." March 16: "Everything in readiness. Took Maynard (then United States District Attorney) and left by evening train, hoping strong and for me tolerably confident." He reached Washington on the 18th, and found his name had already been sent to the Senate. His confirmation followed on the 19th. He took his seat on the Bench soon, and thereafter his diaries were discontinued.

At the time Mr. Brown became District Judge, he had, in conjunction with Mr. Pond, a large and growing practice. He was a successful lawyer, but I do not think that either he or his best friends thought him more deserving of judicial honours than some others. His great distinction was that he had a great ambition to be a judge, and was able to accept the position with the small salary then paid.

The daily social life of Justice Brown after he went on the District Bench probably did not change much. I have no record to mark its incidents.

In 1884 he removed the wooden house in which he had been living to another part of Jefferson Avenue, and built on the old site a new and fine brick house which is still standing and is No. 712.

One event, well authenticated, shows his courage. Soon after they moved into the brick house on Jefferson Avenue, Mr. and Mrs. Brown were awakened by a masked man standing by Mrs. Brown with a pistol pointed at Mr. Brown and telling them to keep quiet while he proceeded to look for valuables. There chanced to be a pistol in the commode loaded and left there by a young naval officer who had been a visitor. Irritated by the burglar's seizure of a watch, Brown jumped from the bed and took the pistol and fired at the burglar. The fire was returned, but neither one hit, but the burglar speedily fled.

In 1876, Judge Brown published "Brown's Admiralty Reports," which is still in use and is regarded by admiralty lawyers practising on the Great Lakes as an excellent treatise. It contains but one of his opinions. The admiralty business greatly increased in Detroit after Justice Brown went on the Bench. It is said that it was second only to that of New York. He was very prompt in his decisions and was seldom reversed. He displayed a practical acquaintance with details of navigation and methods of business. His Court not only had the business which naturally belonged in Detroit, but also absorbed considerable from other ports. Cases were frequently brought from other places by consent in order to have the trial before him.

Judge Brown was popular in all the other branches of the law. He presided with dignity and dispatch in jury trials. He charged a jury in language they could understand. If they disobeyed his directions he did not hesitate to overrule their verdict. I do not think Detroit has had a better trial judge. Perhaps his greatest fault was an ambition to understand a case and express his opinion too early in the argument. But against this he had no pride of opinion. He would listen to an argument against his decisions with the greatest patience, and was ready to reverse himself if convinced that he had erred. In this respect I never knew his superior and seldom his equal. Not all of Justice Brown's opinions as District Judge were published. Some prior to 1880 are in the Federal cases. From 1880 many were published in the Federal Reporter. They are all written in good English. They exhibit a careful study of the authorities, and a judicial mind. He was not so pressed with business but that he could give full consideration in every case. He had the power of deciding after sufficient study. He could make up his mind and adhere to his determination unless influenced by new considerations. He was very conservative, adhering always to the law where he found it settled. He had no ambition to attract attention by new or extravagant views. He was a patient listener, where a lawyer had anything to say, but was impatient of mere declamation. Though he never hesitated to express his views frankly, he was very affable to all who had business in court, and indeed to all with whom he came in contact.

Justice Brown's appointment to the Supreme Bench was not obtained without considerable effort on his part. One quite formidable opponent was Alfred Russell, the former United States District Attorney, when Brown was his assistant, who had the warm support of one of the then United States senators from Michigan, Mr. McMillan, and of many lawyers in Detroit and in the East. I have heard that one considerable ground for Justice Brown's appointment was his reputation as an admiralty judge and the lack in the Supreme Court of men specially familiar with this branch of the law. In seeking a position on the Supreme Bench, as in other matters, Justice Brown did not hesitate to use all honourable means to attain the object of his ambition.

While a Justice of the Supreme Court he delivered some hundreds of opinions. It is impossible to review them in any permissible space. Nor would such a review be of value. Each case stands on its own merits, and to review it would require one to study all the arguments on both sides, to do what hundreds, perhaps thousands, of lawyers have done at large expense to their clients, and my opinion, if given after exhaustive study, would be of no value. Justice Brown, as a member of the Supreme Court, gave many opinions in admiralty cases. He thought when he went on that Bench that his knowledge of admiralty law was considerable. But he has told me that his fellow judges often disagreed with him in this branch of the law. With his usual modesty, he said that the Court might be right when they rejected his opinions. Discussions of the law are usually of little interest save to lawyers, and to very few of them, save where they are seeking to win a case. There is no doubt that Justice Brown was thought by his associates on the Supreme Bench a good judge, fair-minded, open to conviction, willing to listen to argument, willing to be convinced if he thought he was wrong, affable, having no jealousy of his associates.

One of his associates, Justice Day, writes me thus: "It is hard to comply with your request to portray Judge Brown's weaknesses as well as his strength. In other words, to paint him as Cromwell would have his portrait, wrinkles and all. Judge Brown had very few wrinkles in his character. As a man you were better acquainted with him that I, and well knew his general characteristics. It always seemed to me that Judge Brown had an admirable judicial style, neither too dry nor too florid, and clearly expressing the thought he intended to convey.

"In the inner work of the Court, Judge Brown was one of the most agreeable of colleagues, and absolutely free from all jealousy and bitterness. He always came to the consultation room acquainted with the cases from careful attention to the arguments and full consideration of the records and briefs. He took a personal part in the discussions at the conference table at all times, earnest in the statement of his views, but at the same time good tempered and courteous in their expression. He was particularly helpful in the Court in patent and admiralty cases, in both of which branches of the law he had experience before coming to Washington. As you know, he wrote a number of leading cases in admiralty and patent law. Until his eyes became very poor towards the last of his service here, he did his full share in the work of the Court and in the writing of opinions, and always participated fully in the consultation of the Court, even after his eyesight was giving him a great deal of trouble. . . . There are some people so unusual and peculiar that one thinks of such characteristics upon the mention of their names. None such occur to me in connection with Judge Brown. He was a capital judge and a genial and lovable companion, free from littleness, rejoicing in the good fortune of his brethren, and at all times upholding the honour and dignity of the Court."

I have never talked with any lawyer on the Bench or in practice familiar with Justice Brown's opinions, who did not think him a good judge. Was he a great judge, superior to his associates on the Supreme Bench? I doubt it. I do not think he thought himself such. He had a deservedly high opinion of the position of a justice of that Court, and felicitated himself that he had attained it. He spoke to me with the utmost freedom about his associates, always in a kindly manner and generally with praise. He once said to me that, excepting about a dozen of Chief Justice Marshall's opinions, the Court was then doing as good work as did Marshall. I doubted the statement and said that in almost all of the great Chief Justice's opinions, even the least important, there was a power of analysis, a direct statement of the points at issue, and a clear announcement of principles which exceeded the best opinions now given. Justice Brown's opinions will be quoted, as are all those of respected judges, by every lawyer who thinks he can aid his case thereby. Whether they will be quoted by men who study the development of the law, as important landmarks in such development, I cannot say.

Soon after Justice Brown removed to Washington he built a new and fine residence, No. 1720 Sixteenth Street, and resided there until his death. While District Judge he was made an LL.D. by the University of Michigan, where for a time he lectured on Admiralty Law. The same honour was afterward conferred by his Alma Mater, Yale.

During the Court vacations he travelled a good deal, mainly in Europe. He notes that he went to Europe fourteen times, ten of them while he was on the Supreme Bench. As a traveller he was interested in everything tourists usually wish to see, and especially in becoming acquainted with distinguished men.

In 1901, while abroad and in Italy, Mrs. Brown died. A letter, dated August 2, 1901, gives his reflections on this event.

He was married again in 1904 to Mrs. Josephine Tyler, who was the widow of his cousin, Frederick Halsey Tyler, a young naval officer who died early. After his death, Mrs. Tyler lived much with the Browns, and both were very fond of her. The marriage was a very fortunate one. They lived with the same harmony which had characterised Justice Brown's first marriage. After his marriage Mrs. Brown never separated from her husband. Being much younger and in better health, she waited assiduously on every want. As his eyes failed she read to him. The portrait of the first Mrs. Brown was the most conspicuous object in the family parlour …

please proceed to Part V, pp. 81-100