Judge Aldrich was appointed to the Bench of the Superior Court of Massachusetts by Governor William B. Washburn after I left the practice of law for public life. I appeared before him in a very few cases and must take his judicial quality largely from the report of others. He was a very powerful and formidable advocate, especially in cases where moral principles or the family relations were concerned, or where any element of pathos enabled him to appeal to the jury. The most tedious hours of my life, I think, have been those when I was for the defendant and he for the plaintiff, and I had to sit and listen to his closing argument in reply to mine. He had a gift of simple eloquence; the influence with juries which comes from earnestness and the profound conviction of the righteousness of the cause he had advocated, and the weight of an unsullied personal character and unquestioned integrity.
Mr. Aldrich's appointment to the Bench came rather late in his life, so he was not promoted to the Supreme Court, which would undoubtedly have happened if he had been younger. He was an excellent magistrate and the author of one or two valuable law books. Although my chief memories of him are of the many occasions on which I have crossed swords with him, and of battles when our feelings and sympathy were profoundly stirred, still they are of the most affectionate character. He had a quick temper and was easily moved to anger in the trial of a case. But as an eminent western Judge is reported to have said in speaking of some offence that had been committed at the Bar, "This Court herself are naterally quick-tempered." So the sparks of our quarrels went out as quickly as they were kindled. I think of P. Emory Aldrich as a stanch and constant friend, from whom, so long as his life lasted, I received nothing but friendliest sympathy and constant and powerful support.
Judge Aldrich, as I just said, was a man of quick temper. He was ready to accept any challenge to a battle, especially one which seemed to have anything of a personal disrespect in it. I was present on one occasion when the ludicrous misspelling of a word, it is very likely, saved him from coming to blows with a very worthy and well-known citizen of Worcester County. Colonel Artemus Lee, of Templeton, one of the most estimable citizens of northern Worcester County, a man imperious and quick-tempered, who had been apt to have his own way in the region where he dwelt, and not very willing to give up to anybody, employed me once to bring suit for him against the Town of Templeton to recover taxes which he claimed had been illegally assessed and collected. He was a man whose spelling had been neglected in early youth. Aldrich was for the Town. All the facts showing the illegality of the assessment, of course, were upon the Town records. So we thought if the parties met with their counsel we could agree upon a statement of facts and submit the question of law to the court. We met in Judge Aldrich's office, Colonel Lee and myself and Judge Aldrich and some of the Town officers, to make up the statement. But Mr. Aldrich had not had time to look very deeply into the law of the case, and made some difficulties in agreeing upon the facts, which we thought rather unreasonable. We sat up to a late hour in a hot summer evening trying to get at a statement. At last Lee's patience gave out. He had had one or two hot passages at arms with Mr. Aldrich in the course of the discussion already. He rose to his feet and said in a very loud and angry tone—his voice was always something like that of a bull of Basham—"This is a farce." Aldrich rose from his seat and to the occasion and said very angrily, "What's that you say, Sir?" Lee clenched both fists by his side, thrust his own angry countenance close up to that of his antagonist, and said, "A farce, Sir—F-A-R-S- E, Farce." Aldrich caught my eye as I was sitting behind my client and noticed my look of infinite amusement. His anger yielded to the comedy of the occasion. He burst into a roar of laughter and peace was saved. If Lee had spelled the word farce with a "c," there would have been a battle royal.
CHAPTER XXXIX POLITICAL AND RELIGIOUS FAITH
I close this book with a statement of the political principles which I think define the duty of the American people in the near future, and from which I hope the Republic will not depart until time shall be no more; and of the simple religious faith in which I was bred, and to which I now hold.
They cannot to my mind be separated. One will be found in
some resolutions offered in the Senate December 20, 1899.
The other in what I said on taking the chair at the National
Unitarian Conference, at Washington, in October 1899.
"Mr. Hoar submitted the following resolution:
"WHEREAS the American people and the several States in the Union have in times past, at important periods in their history, especially when declaring their Independence, establishing their Constitutions, or undertaking new and great responsibilities, seen fit to declare the purposes for which the Nation or State was founded and the important objects the people intend to pursue in their political action; and
"WHEREAS the close of a great war, the liberation by the United States of the people of Cuba and Porto Rico in the Western Hemisphere and of the Philippine Islands in the far East, and the reduction of those peoples to a condition of practical dependence upon the United States, constitute an occasion which makes such a declaration proper; Therefore, be it
"Resolved, That this Republic adheres to the doctrines which were in the past set forth in the Declaration of Independence and in its National and State constitutions.