PROCEEDINGS AT THE BANQUET GIVEN BY THE RAR ASSOCIATION of WASHTENAW (QUNTY AT AN N ARE OR, MICH IGAN ON THE Evening of September 28, 1894 AT - COOPQ’S HOTEL IN HONOR OF Hull, Alph Bus FBlºh UPON THE ANNIVERSARY OF HIS NINETIETH BIRTHDAY After the cloth had been removed Hon. E. D. Kinme, the Presiding Judge of the Circuit Court, arose and addressed the audience as follows: GENTLEMEN: The Bar Association of Washtenaw county has assembled here to-night, in its unostentatious way, to do honor and reverence to one of its most cherished members upon this, the Ninetieth Anniversary of his birth. We extend a hearty, cordial greeting to all of our friends and guests, and especially to those who have come from a dis- tance, and who by their presence are so materially contributing to the pleasure and enjoyment of this occasion. We are to-night only repeating history. In all ages, I think, the nations of the earth have loved to recognize and commemorate the virtues of their heroes, and their men of distinguished character. The good and the great men of any age or of any nation are its first and chief glory. It has been said that great men constitute the State: certain it is that they are the proudest monuments of our civilization: more endur- ing than granite or bronze. The circumstances which have summoned us together to-night are auspicious and memorable. In the history of the human race, few men have sheathed the sword, and retired from the battlefield of human action richer in the lustre of good deeds than our brother, whom we now seek to honor. We look upon the long and brilliant panorama of his public career, and we behold a picture that reveals neither flaw or blemish. Whether in private life, or public or professional duty, he has ever worn upon his lapel the white rose of a pure and spotless life. I am sure that the horoscope that impended his nativity was a happy one; for true it is, that upon this green earth, to but few men is it given, thus to sow and thus to reap. - 7— shade of the evening of his days, that the skies above and around him are clear and mellow; that the murmuring winds are soft and balmy and ladened with song, and that the receding horizon reflects but the matchless beauty and splendor of an ideal twilight. We shall be glad now to hear something from our honored guest of the evening, Ex-Governor Alpheus Felch. GOVERNOR FELCH SPOKE AS FOLLOWS: MR. PRESIDENT AND GENTLEMEN: No words which I can command can adequately express my feelings on this occasion. I should be less than mortal if this testimonial of the partiality of my fellow citizens and the kind words which have here been spoken did not touch my heart. They are not the words of strangers but of friends, and they will pass into my memory as a treasure never to be forgotten. I can reciprocate only by the poor return of my warmest thanks. You have been so kind as to remember, which I of course could not forget, that ninety years of my life have already passed, and I enter to-day the last decade of the century. It is a longer period of life than is allotted to most men—long enough for the visionary anticipations of youth and the active, energetic, ambitious and useful years of middle life to have passed. At that age all that the man was to do is done. The little remnant of life is very brief, but I cannot look upon it as devoid of enjoyment or that there is any place for regret that others must do the work which it was his ambition to do. Every true man bids God speed to all workers in the good cause of truth and the prosperity of his fellow man. Old age is most usually regarded as a gloomy period of life when decrepitude has taken the place of physical energy and every source of pleasure is dried up. And this is not a mere modern speculation. A little more than eighteen hun- dred years ago, just before the beginning of the Christian era, Cicero wrote his beautiful treatise on Old Age, in which he enumerates the supposed evils of that period of human life —io— which challenges and commands the admiration of all. This, too, had its organization within this sixty years, and it has been my good fortune, as a looker-on from the first, to know the work it has done and the record it has made. We are so fortunate as to have with us to-night some of the members of that tribunal, and one who was at an early day one of the Judges of the Supreme Court, and who, for a long term of years, was one of its most efficient and eminent members. Although now retired from official position the love and respect of his fellow citizens follow him and rest upon him in his retirement. The printed decisions of this Court are received by other tribunals throughout the country as high authority, and its members have always been held in good repute as able expounders of the law and careful adminis- trators of justice. But courts are not isolated tribunals. They never listen with closed doors. They never decide on the rights of a party litigant without giving ear to what may be said in his behalf from his own lips or by his attorney; and this brings before the court that class of professional men whom we know as lawyers. I am happy to be classed as one of the profession. I have stood in its ranks (though not always in active service) since 1830, and three years later became a member of the Bar of Michigan. I remember well the members of the Michigan Bar at that early period. Their number was small, but among them were men of distinguished ability and fair professional acquirements. I have taxed my memory in vain to find a single individual now living who was a member of the Bar here when I came to Michigan in 1833. But the profession has increased immensely since that time in numbers, acquire- ments and influence. My associations with the members of the profession have always been of the most pleasant and cordial character and from them I have constantly received tokens of their kind consid- eration and regard. This pleasant meeting, called by your kind invitation, my brothers of the legal profession, and your hearty and cordial greeting are incidents never to be forgotten by me, and I beg you to accept my warmest acknowledgment and most hearty thanks. —I2— Michigan; and Hon. Morgan L. Martin, of Green Bay. I was elected over those distinguished men. All three of them after- wards became members of congress. W. W. Woodbridge was afterwards elected United States senator from the state of Michigan and in 1840 was elected governor. Mr. Doty was afterwards elected as a member of the house of representatives from Wisconsin, and Mr. Martin followed him. I came to this city on your invitation to do honor to my noble friend with whom I served in the Senate of the United States from 1848 to 1853, when our mutual friend, President Pierce, appointed him commissioner to settle the Spanish and Mexican claims in California. Gov. Felch was chairman of the committee on public lands in the United States senate, and the faithful and able manner in which he discharged the duties of his office, for the grant reached more than half way from the Missouri to the Mississippi river, nearly 1,500 miles, has been the cause of raising Iowa from an inferior territory to now the first agricultural state in the world. Statistics prove that Iowa has raised more corn than even Illinois which has from 20,000 to 30,000 more square miles of territory than she. s Fellow Citizens—I can call you such because you be- stowed the first honors upon me as your delegate in congress —I strove with your two senators to procure the admission of your state into the Union. I at the same time used my influence to have the territory of Wisconsin established. I had the pleasure of seeing my bill to establish the territory of Wisconsin passed on July 4, 1836. Before Michigan was declared a state the southern members of congress were opposed to the admission of Michigan because they disliked to create another abolition state, as they then called it, but the bill passed, and with the addition of the large section of country west of Lake Michigan which was attached to make amends for the small piece of territory taken from the south- ern portion and given to the state of Ohio. Gen. Jackson was then president, while I was delegate in congress from the ter- ritory of Michigan. I had been sergeant of the body-guard of Gen. Jackson at Lexington, Ky., as he passed through with his family from Tennessee through Kentucky to take his seat in the presidential chair. The next spring I was sergeant of —13– the body-guard of Lafayette, the French general, who fought for the independence of the United States of America. Gen. Jackson was president of the United States when I was intro- duced to him the last Sunday before the first Monday in December, 1835, by Senator Lane, of Missouri, the colleague of Col. Benton. When I was introduced to him he scruti- nized me and said, “My young friend, if you are from Mis- souri, I would think I had seen you before; I was honored at Lexington, Ky., by a young man that looks very much like you, except that he had no mustache on.” I then wore a black mustache. Says I, “Mr. President, I am the same young man.” “Are you Stockley's college mate?” “Yes, I am.” “Give me your hand,” he said, “God Almighty bless you for what you have done. If I can ever help you here I will do so with a great deal of pleasure.” My bill for the establishment of Wisconsin territory and the division of Michigan was passed. I asked my two colleagues, the delegates in congress, one of whom was one of the most distinguished lawyers who ever appeared before the Supreme Court, what I could do to get the officers created by my bill appointed by the president. Both said, “You cannot get one, no delegate is known to secure the appointment of any man to fill an office in his ter- ritory.” Well, says I, “But Gen. Jackson is a friend of mine, he has said he would help me and I am sure he will do it now.” Said they, “You cannot do it.” Sevier White said, “It is no use to try it, you will not get those offices.” I sat down and wrote to Gen. Jackson a strong letter arguing against the propriety and justice of giving officers from the states to the young territories. I said to him that we have as pure patriots and eminent, able men as are to be found in Ken- tucky or anywhere. I claim those offices. The next day his private secretary came to my seat and said, “The General wants to see you.” “What general?” said I. “Gen. Jack- son,” said he, “the President of the United States.” That astonished me. I said, “What does he want to see me for?” He answered, “Didn't you write him a rather saucy and threatening letter last night?” “No,” I said, “I hope not.” Well, he said, “By the gods, young sir, you have got Old Hickory now foming at the mouth, he says, “Donaldson, tell that Col. Jones to come and see me, I want to see if he can —15– Buchanan, then senator from Pennsylvania, stopped me and said, “Colonel, I want to speak a word to you.” I stopped, he called to one or two others and said, “I want to tell you some- thing. This morning I went over to see Gen. Jackson to ask him to appoint a friend of mine, Mr. Fraser, a judge in this young gentleman's territory, I don't know its name, and what do you think Gen. Jackson told me? He says, “Mr. Buchanan, if you want your friend appointed judge of the Supreme Court of the territory of Wisconsin you must go to the delegate from the territory.’” Slayton says, “No, Colonel, you and I have played together, you and I are particular friends, I have noth- ing to do with these damned loco focos, but Fraser whom my friend wishes to have me recommend to you is one of the dis- tinguished members of the Bar, I have practiced law with him twenty years, he would do honor to the Supreme Court of the United States, if you recommend him he will do you honor.” I said, “Write to your friend to come down here and see me so I can tell my constituents I know the man who is appointed and I can recommend him.” He says, “I will go and write to him.” In a few days Mr. Buchanan wrote to Mr. Fraser to call upon me at my lodgings and he was introduced to me. He was a splendid looking gentleman with a white cravat, a little gray in his hair. I was delighted with him. I said, “Mr. Buchanan, cannot you and your friend Fraserdine with me?” Mr. Buchanan could not, but Mr. Fraser said, “Colonel, I will dine with you with pleasure.” I said, “We will dine at 6 o'clock.” At 6 o'clock he came. There were 30 or 40 at the table includ- ing Gov. Felch and myself. After taking soup champagne was handed around and Mr. Fraser who sat next to me would not take any, or claret; he said, “I have not tasted anything like this for 20 years.” That delighted me. After dinner says I, “Mr. Fraser, to-night I will recommend you to Gen. Jackson for Judge in my territory.” That night I recommended him and the next day he was confirmed. I said, “You will stop at the house of the sister of Gov. Dodge when you reach Wiscon- sin,” and a senator to whom you have been introduced to-night wrote a letter of introduction. He took my letter and departed. When he reached his destination the lady to whose house he had been sent welcomed him cordially, saying that a friend had written to her all about him. “How have you enjoyed your —I7— refers to-night to the American Lawyer of whom we, in Michi- gan, have so long been proud. - The American Lawyer is expected to be a man of learn- ing and of good sense, and withal, modest, and who will leave boastfulness to those who perhaps in other realms might incline to separate the office itself from the beneficial results which are reasonably to be expected from it, and to make the title itself the subject of boast. You will hear nothing from me that expresses a pride in a mere name of office; but I shall take pleasure in speaking to the worth of the American Law- yer, and to the large part he bears in the administration of free institutions in the western world. Nowhere among the nations is the office of Attorney and Counsellor at Law so important as an assistant in the building up of free institu- tions, and in their steady and safe administration, as in the United States. But to-night I am to speak of the American Lawyer, with a particular representative, whom we all delight to honor before us, and to express, in my feeble way, my ap- preciation of his work and his services. Alpheus Felch was the first judge I ever saw upon the bench, and he fairly captified my imagination. I remember to-day as vividly as the night of my first seeing him how charmed I was with his presence, with his ease of deportment, with his mastery of the English language, never excessively ornate, but always clear, always to the point, always expressing exactly what the occasion called for, and doing it in such a way as to the young practitioner could not fail to be charm- ing. Those charges of his to juries seemed to me perfect. There was not a word too many or too few, or that was be- gotten of mere display; not a word that the simplest man on the jury could not perfectly comprehend, and not a statement of a legal principle that did not bear on its face full justifica- tion for its utterance and a complete presentation of the view intended to be imparted. This completeness was always mani- fest whether what was said concerned the law or the facts. There was to me something of an education in this. Its effect never passed from my mind, and when I contrasted it with what I soon had occasion to hear from others occupying a position equally high, and who seemed to delight in the use of great words, strong phrases, dogmatic utterences that were 2 —20— you will believe it. There is no living witness to the fact that I know of. I did not distinguish myself here and do not think there is any local tradition of my residence or professional achievements. But what I say is true and I wish to be recog- nized, not perhaps as being, but as having been one of you. JUDGE KINNE. The State of Michigan has been specially fortunate in the selection of its chief executives, although I think the first governor of Michigan was an infant in years, but a man in heart and mind. I regret to say that we have not with us to-night the present executive of the state, but we have with us one of the ex-governors, who left behind him as pure, clean and strong an administration as his own personal character, and I call upon Ex-governor David H. Jerome to respond to “The Governors of Michigan.” GOVERNOR JEROME. MR. CHAIRMAN, Gentlemen of the Bar of Washtenaw County and Fellow Citizens. I find myself somewhat embarrassed in speaking for another man when I prefer to speak for myself, and lest I should forget what I would be glad to say for myself I will say it now. When I received the invitation to come down here I saw that it was to be a guest of the Bar of Washtenaw County, and to partake of the banquet to be furnished by the Bar of Wash- tenaw County, and this was so unique a performance for the members of that profession that I said I should come at once. My experience in life so far has been that wherever there was something to be furnished and the Bar had anything to do with it they were very apt to have it at the expense of some- body else. That was not all that I came here for either, to satisfy my curiosity in that line; but I did come here because I have lived in Michigan more years than the venerable guest of this occa- sion, and from my infancy up I have been taught by those whose advice I have usually followed that among the great men of Michigan was Alpheus Felch; and I congratulate Governor Felch upon the kindly spirit that pervades the whole —21– people of Michigan, for him. I also congratulate him that he has passed through all these years of public life, and the earlier part of it when he needed encouragement was at a time when the public took careful thought of how their public servants were discharging their duties, for I believe that an official is encouraged or discouraged largely by the assurance that he receives that his acts are known by his constituents and are weighed for what they are worth, and he will be discouraged if they go for naught and they receive no criticism and no com- mendation. It is a good deal like a person coming before the foot lights in the theater when all he may do or say does not elicit any response. If I had any advice to give the people of the State it is that the responsibility as to the character of their officials rests upon them. It is their duty to scrutinize their officials, be familiar with their doings, commend them for doing well when they do well and chastise them if they do wrong. I want to add my voice and everything that is within me that I may express in proper words and add to the good feel- ing that has been extended to Governor Felch. I honor him as a man, as an official, and it has been one of the green spots of my life to come down here and say it for myself. I see before me a good many young men and I can define, I believe, some things that are running through their minds. Governor Felch has been described here very truly as a man who has held all the distinguished offices that the people of Michigan can bestow, and he received all of them without solicitation and continued right on without a break. Governor Felch, I think there is a great deal of curiosity to know just how that thing is brought about. I think there are over Ioo men in this room who can tell how they have not accomplished that. I speak somewhat feelingly on the subject. What I have to say for Governor Rich is that he is about his State's business, and he is trying his utmost that he knows how to continue in office, and I think I may safely say that heretofore he has had considerable success, and it would be the highest wish of his life to follow in the footsteps of our guest and continue on until he is 90 years old. I hope that our distinguished guest will live to be Ioo years old, and if he should and you should extend another banquet to him I hope I shall be one of the invited. —32— tracted trial, in which I find by the records, almost the entire Bar of Washtenaw County was either for or against the pros- ecution, the jury came back into court, and upon their oaths did say that the defendant was guilty in manner and form as charged in the indictment, and that the sum of money actually lost was twenty-five cents. The usual motions for a new trial, and for arrest of judgment were made, and overruled, and then Judge Witherall pronounced sentence upon the poor Ypsilan- tian, and fined him $1.25. The most remarkable part of this record is yet to be stated, that is, that at the bottom of the record the clerk who made the entry charges up the fees of the county clerk for making this record at ninety cents. From that day to this, Mr. President, the Bar of Washtenaw County has gone on in this good work, and I want to say to you that the records, and the early history of that case discloses that this lawyer, who had disclosed this talent for gambling, by reason of the outraged moral sentiment of the Bar of Washtenaw County, was driven out of this county to one of the neighbor- ing counties, where he could ply his vocation with greater profit and less danger. And from that day to this the moral sentiment of Washtenaw County Bar has been such, that as soon as any member of the Bar developed any propensity for gambling, his losses became so great that he found it to his advantage to join a Bar where competition was not quite so sharp as in Washtenaw. One of the earliest recollections of my professional life was of entering the court room just at the close of a hotly contested trial, while Judge Cooley was, in a few beautiful sentences, closing the argument for the plaintiff in the case. I had never met his Honor before, but from that instant I have recognized him as a profound lawyer and skilled in his pro- fession. But it was my good pleasure, and greatly to my profit, for a number of years of my early professional life, to have before me (if I could but distantly follow it) the example of Alpheus Felch; and I want to say, in a tone of voice that I wish might reach him, and yet possibly it ought not, that no man ever crossed the vista of my life who had so great an influence upon me as the example of Alpheus Felch in the trial of a lawsuit. Impetuous as I am, I found in him a counter part, and what I believe to be the greatest example I have ever your homes and business and journey to us and join with us in these festivities. The following are letters and extracts therefrom which were read at the banquet: AUGUSTA, Maine, September, 1894. Hon. B. M. Thompson, Secretary. DEAR SIR: I have the honor to acknowledge the receipt of your letter in behalf of the members of your Bar inviting me to be present at the Banquet tendered to the Honorable Alpheus Felch on the interesting occasion of his attaining his ninetieth birthday, as an expression of their appreciation of his public services and his public and private virtues. It would give me so much pleasure to be present and unite with you in the expression of such appreciation that even at my age, although more than two years his senior, I would undertake the journey if the distance were less. He is my dear and oldest living friend. We commenced the study of Virgil together at Limerick Academy seventy-five years ago. We were at Bowdoin College together, though not in the same class; we commenced the practice of law about the same time: We entered the U. S. Senate together in 1847; and we are now the sole survivors of the Senators of that session of Congress. Only two more can be added to the list of survivors of the hundred members of that body during the six years of our service—they are Hon. Robert C. Winthrop, of Massachusetts, and General George W. Jones, of Iowa. After a brief period of practice of the law in Maine, Mr. Felch resolved to cast his lot with the opening West, and take the opportunity to grow up with it. He then moved to the Territory of Michigan, and he has been part and parcel of its development and growth until it now occupies the position of one of the leading States of the Union. I knew him best during his senatorial life; and it is no small commendation to be able to say of him that as a safe, wise and patriotic statesman, always true to his convictions, and true to the interest and honor of his State and the Union, –36– Long as have been his years we rejoice that they give promise of more. May they outrun the century, and still present to rising generations an inspiring model of the true Citizen, Statesman and Patriot. Very truly, etc., Geo. V. N. LATHRop. LANSING, Sept. 14, 1894. Hon. B. M. Thompson, Ann Arbor, Michigan. DEAR SIR: The career of Governor Felch has indeed been a notable one; a member of our first State Legislature almost sixty years ago, a governor when our state's population was less then that of Detroit at the present time, a United States Senator with men who now exist only in their country's history. In every position he served the people honestly and ably, and of him it can be said that the people honored them- selves in honoring him. Every citizen will join with you in extending good wishes to your distinguished guest and rejoicing that he has been spared a score of years beyond the allotted three score and ten. The love and veneration of those who knew him, the confidence and respect of his fellow citizens is the reward he has received for a well spent life, and none can say that it is not richly deserved. Sincerely yours, John T. Rich. DETRoit, Mich., September 26, 1894. DEAR SIR: Please to convey to Governor Felch my congratulations, not only for the honor done him by the mem- bers of the Washtenaw Bar on the occasion of this anniversary, but on account of his honorable as well as long life. Few men in the state have better served its interests or been more honored by its people. As a member of the Bar he was dis- tinguished; as a public man, Judge of the Supreme Court, Governor, Senator in Congress, alike, all along his life, honored by the people, and by his integrity and ability doing honor to the state. I regret that I may not, perhaps, be able to attend the banquet with which the Bar honors both him and itself on his coming ninetieth birthday. Yours truly, JAMEs F. Joy. DETROIT, Mich., Sept. 17, 1894. Prof. B. M. Thompson, - University of Michigan, Ann Arbor, Mich. MY DEAR SIR:—There is no good citizen of Michigan who will not be with you in spirit on that occasion. The learning and the ability of your distinguished guest, the purity of his long life, his patriotism, and his pride in and services to the state and nation, have endeared him to his fellow citizens, and have made a living lesson to young men of a life well lived. Very truly yours, DON M. DICKINSON. GRAND RAPIDS, Sept., 26, 1894. B. M. Thompson, Esq., Secretary. - MY DEAR SIR:—It would afford me extreme pleasure to respond in person, to contribute my mite, to an object so worthy of homage as that of the distinguished guest whose long and faithful service to his country in the various distinguished positions he has been called upon to fill with such consummate ability, fidelity and integrity, as legislator, judge, governor, and United States senator; as well as the important position of chairman of the commission appointed by the President and Senate of the United States to adjust and determine the validity of the various extensive and complicated grants of land made by the government of Mexico to its citizens in California, prior to its cession to the United States, as the result of the war with that republic; and retired from the discharge of the various duties thus imposed upon him, without the semblance of a blemish upon his integrity or his honor; nor do I speak as a partisan when I say that fidelity to his political principles and convictions alone, in conflict with those of the party that guided and directed the public affairs of Michigan for more than thirty years of his active life, naturally interposed, as against still further distinguished political honors. While in civil life his transcendant and unsullied virtues have not been overlooked—as a professor of law, in our superb University he added grace and dignity, without austentation, to the import- ant position in that exalted seat of learning; as well as presi-