[Memorial address presented to the State Historical Society of Wisconsin, Jan. 2, 1890.]
The real history of a man's life is the history of his character
as revealed in is [his] daily domestic relations and his attitude toward
humanity. It is in this capacity that I am enabled to speak of Judge
Arthur B. Braley perhaps more understandingly than can any other of his
many friends and admirers. He was the agent from whom my father rented
the house in which I was born, and it was from his well-filled library
that I gained my first knowledge of books. His editorial pen gave
some of my earliest local literary efforts encouragement, and during a
period of fully twenty years I was a frequent guest in his home.
It was my hand which held that of his dying wife, whom I had for months
nursed and cared for, while he was led, crushed with grief, from the room,
and it was my pleasant duty to open the house of mourning to the sunlight
of new joy when he brough home the young wife who made his last years the
happiest of his life.
The history of Judge Braley's early life has been made familiar
to me by his personal relation of it and by the accounts published in connection
with his public career. He was born in Perry, Wyoming county, New
York, February 11, 1824. An only son, he lost his father at an early
age, and at fifteen the support of his mother fell practically upon his
young but stalwart shoulders. In the spring of 1843, he started for
the then far West, spending a few weeks in Erie, Cleveland, Columbus and
Cincinnati; and in southern Ohio he was tutor in the family of a wealthy
gentleman. Later he proceeded to the blue grass region in Kentucky,
and became a tutor in a southern home, where he remained a year and a half.
At this time the man we knew as Judge Braley was a strikingly
handsome youth of twenty, who stood six feet in his stockings, straight
as an arrow and broad-shouldered as a young Hercules. A portrait
of him, taken about that time, represents his features as classical and
his eyes and mouth remarkable for their beauty. His hair was a soft
chestnut, and his eyes a deep gray.
Returning to New York State for a visit during the succeeding
year, the young man's next move was to take charge of a district school
in the Wyoming (Pennsylvania) valley. His efforts as a teacher, which
began in this simple manner, ended in his becoming principal of an academy.
In 1846 he came to Wisconsin and settled in Delavan, and there pursued
his already begun law studies, while he busied himself also as a real estate
agent in the adjacent towns.
In 1848 he first visited Madison, and was admitted to the bar
that year, but did not finally settle there until 1852. In 1855 he
married Miss Philinda Stevens; and in 1856, when the village of Madison
became an organized city, he was elected police justice, and held that
office for three successive terms, or until the close of 1861, when he
resumed the practice of law. From 1864 to 1867 he was a city alderman.
During the presidential campaign of 1864 he edited The Wisconsin Daily
Patriot, resigning the position after the election. During the campaign
of 1868 he was political editor of The Madison Democrat. As a political
writer he took a high rank, and his articles were greatly admired and often
quoted for their vigor and power. In 1868 he was elected city attorney,
and in 1869 he moved to Waukesha, returning to Madison after the crushing
blow of his life,--the death of his son, in 1870. In 1872 he was
again elected police justice and without opposition, and this court was
then enlarged and converted into the municipal court for the city and county.
In 1874, again without opposition, he was elected for a term of six years,
and was re-elected in 1880 and 1886.
For twenty-three years he sat upon the same bench,--almost
a quarter of a century passed in judging the sins and frailties of humankind.
Though full of sympathy for the unfortunate, to him the law was supreme.
Swayed by neither fear nor favor, he sought to make his judgments just
and right. That he succeeded in so doing we may well believe, from
the fact that in every instance in which his decisions were contested the
supreme court sustained him.
One of the most brilliant lawyers of the West, and a life-long
friend of Judge Braley, has said of him: "While he was profoundly learned
in the law, Judge Braley had two conspicuous advantages for his position,
which did not call, in his administration of criminal law, for intricate
learning. These advantages were, that what he had learned had been
well and correctly learned, and understood, and the relations of different
principles mastered. He was chief in the field which he had studied,
and his mind was strengthened, not cumbered, by study. The range
of his reading was abundant for all the occasions of his jurisdiction,
rendering him well equipped for the office. But there was another
quality which made him a most excellent yokefellow to his judicial knowledge,
his well-balanced common sense. He had not, as sometimes happens,
allowed legal study to mystify his common sense to the impairment of the
usefulness of both. And it is just to add another faculty, the value
of which is best known to those whose lives have made them witness the
palterings of timidity in the guise of judicial opinion. The judge
was fearless in intellectual processes and fearless in conclusions, both
in forming, in uttering, and in enforcing them. Herein lay his great
value to society in the judicial station he occupied for so many years.
His learning was abundant to keep his judgments legally right, his common
sense made them wise in application, and his simple courage made his preceptions
his expressed decisions. He was, therefore, just in his convictions,
but when the criminal was brought to light, the judge had no hesitation
in imposing the measure of his guilt in his punishment. His court
was a great security to the community. The criminal classes dreaded
it, because justice was done there. No weakness, no timidity, no
relaxation, and no access to any other influence in favor of the criminal,
than proof or presumption of innocence, and such appeals to mercy as wisdom
and strength can justly admit. There is nothing so terrible to the
criminal classes as sure justice, and they got it from Judge Braley.
"In years gone by, I have tried many cases before him, and I
can recall none, not one, in which my sense of justice and right ever received
a shock. I cannot say the same of much higher tribunals; and although
appellate authority is needful and well exercised in general, I believe
Judge Braley, in the range of his judicial cognizance, decided right in
as large a proportion of instances as teh supreme court has within its
wider range. From these facts one can readily see how it was that
the judge was re-elected continuously. Whenever the question came
home to the electors, however open were the judge's political views, good
citizens delivered themselves of party bonds, and the poll came out always
in his favor, a simple expression of society's sense of comfortable safety
in his fearless good sense and judicial qualities."
Added to Judge Braley's judicial qualities, he possessed
marked literary tastes and abilities. His knowledge of Shakespeare
and his published commentaries and essays upon the subject gave him the
reputation of being one of the best Shakespearian scholars in the Northwest.
To him, Shakespeare was a god. He reverence, appreciated and understood
him, as only one who had devoted the spare hours of a lifetime to the study
and comprehension of this master mind could have done. The judge
had an apt Shakespearian quotation for every occasion, and was never so
happy as when talking or writing of his beloved bard. Besides his
excellent essays upon this subject (which should be published in book form
for the use of students of Shakespeare), Judge Braley wrote a number of
stories and historical romances, some of which were published. During
the years of his great sorrows, in the loss of three lovely children and
the invalidism of his wife, his pen was a great source of consolation to
him; in fact, his one resource.
Naturally of a social and domestic nature, the almost
constant shadow of death and sickness in his home for long-continued years,
almost transformed the genial man into a recluse and a pessimist.
A tender-hearted husband, and a devoted father, he found himself deprived
of the children he adored and the wife who had been his companion for twenty-four
years. No kinder husband ever lived nor one who was better capable
of retaining the hearts he had won.
During the long years of his domestic bereavements and sorrows
he wrote almost constantly, essays, book reviews, stories and political
articles, which were widely copied. His pen was always graceful,
often eloquent, and his prose was flowery and poetic to a marked degree.
Like every nature which is generous in giving praise, he was fond of appreciation
and was extremely sensitive to censure. This renders his fearless
administration of justice all the more remarkable, as the severest censure
he received from the local public was often because of his adherence to
law.
He was generous to a fault, and the impulse which led
him as a boy to take off his only coat and give it to a poor beggar, led
him as a man to the free bestowal of his wordly goods upon those whom he
loved or deemed needy; this, with naturally luxurious tastes, prevented
him from accumulating the fortune to which his gifts and position would
have entitled him. He was never so happy as when bestowing benefits
upon those less fortunately situated.
After his second marriage, the cobwebs of gloom, which
had so long clouded his heart, seemed wholly swept away by the hand of
love, and the last nine years of his life were full of happiness. His rather
dark and pessimistic views of the world now gave place to cheerfulness
and content, and paternal affection and pride again found full vent in
the two beautiful children who brightened his last years with their presence,
one of whom so soon followed him to that mysterious world beyond that we
might almost be led to believe that he was lonely in heaven without her.
A just judge, a useful citizen, a graceful writer, an omniverous
reader, a loyal and unselfish friend, a devoted son, husband and father,
Judge Braley's life was more than ordinarily useful to the world, and in
his death society has sustained a loss only second to that of this bereaved
woman who can truly with the poet say:
"I weep a loss forever new,
A void where heart on heart reposed;
And where warm hands have pressed and closed
Silence, till I be silent too."I weep the comrade of my choice,
An awful thought, a life removed,
The human-hearted man I loved,
A spirit, not a breathing voice."