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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 VI…

pessimist and have great confidence in the ultimate good sense of the people. The acquittal of Lorimer will probably result in the election of senators by the people and a lowering of senatorial standards in favour of the man with the loud voice, full purse and empty head. But we can stand it.

Kind regards to Mrs. Kent, and hope she will find satisfactory quarters.

Your loyal friend,

H. B. BROWN.

WASHINGTON, D. C.,

October 5, '12.

My Dear Kent:

Apropos of our talk about woman suffrage in New Jersey, I send you a copy of my paper in which you will find a sentence on the subject on page 14.

It seems that in 1776 a constitution was adopted conferring the right to vote upon "all inhabitants" possessing certain property qualifications (very likely an inadvertence). At first women did not vote, but in 1797 a bill was passed in which the right to vote was given at the precinct in which "he or she" resided. Under this, seventy-five women voted for members of the Legislature at Elizabeth, at a close election, and at the presidential election in 1800 women voted generally through the State.

Finally, at a special election to locate a county seat in 1806, so many fraudulent female votes were cast that the Legislature in 1807 not only set aside the election, but passed an act declaring the true sense and meaning of the Constitution, to be that suffrage was confined "to free white male citizens." This was afterwards incorporated in the Constitution in 1844.

In defence of the 1807 Act, which would probably be treated now as unconstitutional, it may be said that Marbury vs. Madison had been only recently decided, and that it was still thought that the Legislature could interpret the Constitution as well as the Courts. Its action, however, does not interfere with your idea that the people never give up a power they have once possessed. But how does this tally with the short ballot, and the government of the cities by commissions, where all the executive officers are appointed.

My facts about suffrage are gathered from an elaborate "History of Woman's Suffrage," in two volumes, by Susan B. Anthony. Vol. 1, page 447.

If you want to learn what a set of corrupt scoundrels the Federal judges are, and have ever been, read Gustavus Myers' "History of the Supreme Court" from a socialist point of view. He has not a good word for one of us. He is universal and unsparing in his denunciations. It is really quite amusing, though he overshoots his mark.

On leaving the Samoset we brought up at the Gramatan at Bronxville, near New York and found it delightful and very reasonable in prices. We also spent a fortnight in Atlantic City before returning home. My health has been steadily improving and I am better than for a year past. Shall try Watkins again next summer if I live.

I heard Governor Wilson make a non-political speech at Atlantic City and was charmed with him. I have no fear of him as president, though my preference is still for Taft. Roosevelt's chances are steadily declining, if he ever had any.

I think Taft is clearly right in his construction of the Canal treaty, and the English papers are gradually, though most reluctantly, coming around to his view. It's an old principles of the common law that no one can squeal until he is hurt. 179 U.S. 405. As England can't engage in our coasting trade she has no right to complain.

With kind regards to Mrs. Kent, believe me,

Your older than ever friend,

H. B. BROWN.

WASHINGTON, D. C.,

January 4, 1913.

My Dear Kent:

I was very glad to receive your letter of December 27, though I really don't know on which side lay the obligation. I presume you are right, as I don't recollect writing you since the election, which I fancy was no surprise to either of us. I am myself quite content, as I think in a free government there ought to be occasionally a change of leadership.

We are intending to leave here January 12 for Miami, Florida, to stay until after inauguration. You see how completely I am getting "out of it," after being in a it for over twenty years. There is much humbug and much "climbing" in Washington society, but withal a substrata of solid good sense. People are generally taken for what they appear to be -- not for what they were at home. A good tailor accepts nobody's previous measurement. Of course, there is much bridge playing, etc. among the smart set, whose doings do not interest us.

Our mutual friend Addie Mitchell dined with us on Monday.

This leads me to congratulate you on the defeat of woman suffrage. This seems to me much more important than that the result of the election, as it would be impossible to disestablish it, once it became a political issue. I admired Senator Bailey's recent speech in denunciation of Oregonism, and even ore Senator Lodge's on the Constitution. On the whole we'll get along for another four years, and that's quite enough for me.

My own health is fair, though I am feeling the weakness of age and the probability of losing my sight, but my spirits are unbroken, and I hope not to die a-whimpering at my fate.

How wise in Taft (God bless him) to take the Yale professorship! It leaves all possibilities before him, and little chance to make enemies.

Continue to address me here, as your letters, always welcome, will be forwarded. I will at least send you a card from Miami on arriving.

Well, good-bye, old boy. With the best of luck, as long a life as you can enjoy, and my respectful salutations to Mrs. Kent.

Your old pal,

H. B. B.

Sunday.

I think a great whole-souled man spoke in Taft's speech advocating the arbitration of the Canal question last night.

MIAMI, FLORIDA,

January 18, 1913.

My Dear Kent:

Here we are in our winter quarters, for a month at least -- possibly more. A delightful spot -- temperature seventy to eighty -- summer clothing -- excellent hotel -- nice people -- pleasant driving and boating -- a really Northern town in the most tropical of Southern States. Fresh ripe, untravelled strawberries grown in the suburbs of the city -- none of your berries picked green and ripened by 1000 miles of carriage in refrigerator cars -- but the real thing, and never a suspicion of unripeness. Can't I make your mouth water?

Bound to say prices are high. A hundred and five dollars per week for two people and bath, but the season is very short -- not over six weeks -- and prices must be high to get a return. City has 13,000 people and is a paradise. Guests largely young men of our age and a sprinkling of old tabbies. Men look very comfortable, but not fashionable, like Palm Beach.

I think the action of the Senate in the Archbald case was most fortunate. I know little of the merits, but the result shows that impeachment is still a live remedy, and that it will be administered without fear or favour. It disposed of the objection that it had become obsolete, or too cumbersome for practical purposes. It is valuable too as showing that almost anything that shows a voluntary judicial unfitness may be treated as an impeachable "misdemeanour." I consider the precedent as of great value to the public, and to the judiciary. It will probably put a stop to judges "dickering" with cases pending before them. I look for a big row in the Democratic camp pretty soon after assembling of Congress. The chiefs will try to overawe Wilson, and will find they have their match. It promises to be an interesting session. I want to see the Democratic vote on a bill to abolish the tariff on cotton, tobacco, and citrus fruits.

Suppose you must be leaving home pretty soon. Where shall you bring up? This will be delightful for the next month. Hope you will try it. I'm wearing a white flannel suit to dinner. Geo. L. Burrows of Saginaw is the only Michigan man.

MIAMI, FLORIDA,

February 13, 1913.

My Dear Kent:

I think the post office must be up to its old tricks, as your letter must have crossed a newspaper clipping I sent you last Sunday to show you that I am on deck still, though somewhat the worse for wear. Truth is, I have picked up quite a little in this delightful climate, where one can sit outdoors till midnight in white flannels and then go to bed with nothing but a sheet over you. Thermometer has gauged from 701 to 821 almost every day. Burrows of Saginaw is here, and the B airs of Detroit.

I am so well myself that I am almost superstitious about confessing it, for fear of a disaster. But I agree with you that March would probably be too warm here and that St. Augustine would be safer. We are going up to Palm Beach next Monday, the 16th for a fortnight, and if you could be at St. Augustine as early as the 5th or 6th. I would meet you there at your hotel and spend a day or two before going on to Jekyl Island, where we are thinking of making a short stay before going home.

This old hotel is full of old men doing exactly what I am doing -- not a blessed thing, and getting all the comfort out of life we can, with the help of the most delicious grape fruit and strawberries ever tasted, while we hear of zero weather in Michigan and men being frozen to death. I do hope you will visit Miami some time. Southern Florida is a piece of the tropics which the good Lord has kindly injected into our territory. I regard as tropical any place to which the palm is indigenous.

Glad Mrs. Kent is taking a hand among the antis. They must bestir themselves or the suffragettes will sweep the weak-kneed off their feet. I regard it as a serious matter, but fire must be fought with fire. I have been offered $100 for my Scot. Dillon, but I make the Frenchman's reply to all: "If it's worth that to you, it's worth as much to me." I'll neither buy nor sell.

I'm glad they passed the income tax amendment, though I don't believe it was necessary, as the Court would now dispose of the Pollock case in short order. Bryan seemed much pleased at my allusion to it -- not so much so at my denunciation of the recall of judges.

I am inclined to think the popular election of senators will result in an increase of rich men instead of a diminution, because they own or control the papers, and the papers own us. Most of 'em are purchaseable. I don't fear the democratization of the Senate so long as they have dollars to jingle in their pockets. I agree most people are fools.

With kind regards and cheers for Mrs. Kent, believe me still,

Your venerable old pal,

H. B. B.

WASHINGTON, D. C.,

April 17, '13.

My Dear Kent:

In the first place I want to congratulate you and Mrs. Kent upon the stunning blow you administered to the suffragettes at the last election -- a blow which ought to keep them quiet for a year or two at least. I fancy the antis of the Pankhurst crowd in England are not only disgusted with the people here, but "queered" the cause here.

I was a little afraid of the result, but the size of the majority staggered me. The suffragettes here, who had come to besiege Congress, were so confident that they had engaged guns and rockets, and, of course, there is much wailing and lamentation. Sorry to see most of the D. A. R. delegates from Detroit are suffragettes. While I am still opposed to suffrage, I have ceased to fear it. Though it has accomplished nothing, it has really done no harm. The difficulty is that when woman wants anything, she wants it very badly -- she wants it right off, and she will stand at nothing short of murder to get it -- but when obtained she begins to lose all interest in it. This has been the history of suffrage, both here and abroad. Apropos of this I send you one or two clippings which you need not return.

If they should succeed in winning suffrage, I should fear that ultimately they might attack our domestic life, and go in for trial marriages, divorces at will, and perhaps free love, though at present they would repudiate it.

I have been much amused, and somewhat alarmed at the first fruits of the popular election of senators, viz.: a conspiracy to get Root, confessedly our ablest senator, defeated, and Hearst installed in his place. Hearst has the support of Jno. R. McLean (another of the same ilk and worth more than Hearst), who publishes laudatory editorials in the Post, and sets up his paper as the Hearst organ. As I wrote you, this amendment is bound to create conspiracies between the bosses and the newspaper to bamboozle the public, who are very gullible. This is reform with a vengeance! From the earliest times the people have been used as tools to establish the worst of despotisms.

I have taken quite a fancy to President Wilson, who certainly means well, and made quite a popular hit in delivering his message orally. But he has a world of trouble ahead to get his tariff through. . . .

I don't altogether sympathise with this howl against the Vice-President, as I have always believed that the State had the inherent right to regulate the descent of property, and that in certain very rare cases of multi-millionaires it should exercise this right, to prevent too great absorption of wealth by a few.

While we have doubtless troublous times ahead of us, I am still optimistic, and believe the country is in much less danger than it was in 1861, when I was inclined to pessimism. We have a happy way of getting into the right spots, and then getting out of them. Witness the greenback and free silver crazes, and the late tendency to short ballots and municipal commission.

But enough of this. Where did you finally go last winter, and where shall you bring up next summer? I escaped my Florida with nothing worse than a slight cold, though I am conscious of the fact that I am a little older, a little thinner, a little weaker, a little clumsier, and a little nearer the outer door than I was a year ago. But I am perfectly contented with my lot I am hesitating now whether I will accept an invitation to deliver the annual address to the Indiana Bar Association next summer. There are pros and there are cons.

With kind regards to Mrs. Kent, and the hope of hearing from you at your convenience, I am,

Your ancient crony,

H. B. B.

WASHINGTON, D. C.,

May 26, '13.

My Dear Kent:

Have just read your article upon dissatisfaction with our judges, which, as you indicate, always has existed, and which I say always will exist so long as there are (1) unfit judges, and (2) litigants to be dissatisfied with decisions against them. There is absolutely no remedy for it; the public opinion in the end will always stand by an intelligent and incorruptible judiciary.

There is a large class of people in our country who love change for the sake of change, or who think they may profit by it individually. These ideas are a perpetual source of trouble, but, of course, all wrong. There are always a few in the District who are clamouring for a change to a popular government, but the phantom of negro suffrage stands inexorably in their path. No suffrage without nigger -- no suffrage, no nigger.

I fancy you are leaning more and more toward short, pithy sentences. Good thing. I always liked them -- sometimes use them. The tone is right. It is inconceivable that we can live without a judiciary. Shall it be composed of an educated class, or the mob? But one answer is possible.

Where are you minded to spend the summer? It is not altogether easy to choose. My own health is becoming so uncertain I do not dare to plan. We may choose Watkins again and may remain at home. Main object is not to fall into innocuous desuetude. But, after all, what's a few months more or less? I wrote you quite a long screed about the time you returned from the South, and have little to add. Old age is not so bad, if it only comes in the natural way.

Later, May 28.

Hello! Just as I was finishing your letter up, yours of the 26th has dropped down upon me. We seem to have spent a week or two in Florida dodging each other quite successfully. We were at Sea Breeze, adjoining Daytona, from February 26 to March 12, and drove up to Hotel Ormond to call on Judges Shiras and Reilly the first week in March. We spent a day at Jacksonville, but did not halt at Savannah, which is much finer. You seem to have had plenty to occupy, though not so much to amuse you.

I certainly envy your ability to walk as you do. My own health has been very bad, and I can do nothing until afternoon. Don't know whether it is "spring depression" aggravated by old age, or old age with a spring depression annex -- the last is much the worst. The doctor speaks more encouragingly than I feel. He may be right. If so, I may be good for another year.

We intend spending six weeks at Watkins -- then, anywhere but Miami is too cold for my old bones.

I rather like Wilson's methods so far as heard from.

I notice you have changed your office, or is it a mere change of name? You must have been Moffat's oldest inhabitant.

Well, good-bye,

H. B. B.

Good luck for the summer.

THE NEW OCEAN HOUSE,

SWAMPSCOTT, MASSACHUSETTS,

July 30, 1913.

My Dear Kent:

I received your letter of the 10th a few days before leaving Watkins, and thought I'd postpone a reply till I settled in my next place. I went to Watkins feeling very weak and miserable, but left there after a six weeks' "cure" comparatively quite well, though not strong (never shall be), and weighing only a hundred and fifty-six pounds. You'd believe it if you saw my "shrunk shanks." In fifteen years I have lost fifty pounds, and am fairly entered upon the "lean and slippered pantaloon" age. But, thank God! I haven't lost my spirits, and when I came away a little "circle" of story tellers addressed me a farewell poem. True, it was the purest doggarel, but as an evidence that I was not a bore I quite prize it. Detroit still contributes the largest contingent to Watkins.

Next, here -- a pleasant village and an excellent hotel, though guests all strangers. But it is a fire trap, and you may next hear of us -- gone up in smoke. Drove over to Nahant yesterday. Alas! Alas! Nahant has lost its glory! No longer the famous resort of fifty years ago, when I ran over from Cambridge to visit it -- but down at the heels and out at the elbows and knees. Plenty of fine houses, but an indescribable something which betokens that fashion has fled to Mount Desert and Cape Ann. It has gone the way of Long Beach and Saratoga.

The Mexican situation is in such a muddle I don't know what to say. While de facto governments are entitled to recognition, ought they not to five some evidence of perpetuity, or at least of the general acquiescence of their subjects? Ought we to recognise Huerta, who seems to be on the brink of a precipice? I don't think we ought to throw our influence one way or the other, but let them fight it out. There is but one way in which the Spanish-American people are united. They all have us -- always have, and always will, and the ore we do for them the more bitter their hatred. I dislike the idea of intervention, but we may be driven to it yet.

With kind regards to Mrs. Kent, believe me.

Your loyal friend,

H. B. B.

I fear that Bryan has the sucra Fames which has been the undoing of many public men.


THE END



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