John Mason Brown, 1837-1890 - The Filson Historical Society

THE FILSON CLUB
HISTORY QUARTERLY
Vol. 13 LOUISVILLE, KENTUCKY, JULY, 1939 No. 3
JOHN MASON BROWN, 1837-1890
ONE OF THE .FOUNDERS OF THE FILSON CLUB
BY PRESTON BROWN
Vineyard Haven, Martha's Vineyard, Massachusetts
John Mason Brown was born April 26, 1837, at Frankfort,
Kentucky, in the house, Liberty Hall, built by his grandfather,
John Brown, in 1792. He died at his residence in Louisville,
Kentucky, January 29, 1899.
He was the great-grandson of the Reverend John Brown who
was born in County Derry, Ireland, in 1728 and who emigrated
to America with his sister Janet Brown (Mrs. Archibald Stuart)
in 1735; the grandson of John Brown [and wife, Margaret,
daughter of John Mason], a member of the Continental Congress
and the first United States Senator from the Commonwealth of
Kentucky; and the son of the Hon. Mason Brown [and wife,
Judith A. Bledsoe], for some time Secretary of State of Kentucky
and for many years a judge on its bench.
His youth was passed in Frankfort, at the home of his father.
It differed in no way from that of the average American boy--the
son of a professional man in moderate circumstances--brought up
in a small town. There was a comfortable home, an excellent
library, and a decidedly religious atmosphere: Frankfort was
filled with cultivated and agreeable people who formed a society
in which hfe went along in a very pleasant way. The young
boys were the friends of their parents' friends; had every recreation
that one could desire, and did not worry about the morrow.
When nine years of age, young Brown had his right leg badly
crushed while playing with other boys in an old grist mill. This
accident, from which he recovered after about a year's confinement
in bed and room, was a decisive factor in his life. Deprived
of outdoor hfe, his energies, backed by natural inclination,
turned to his studies and to books. Under his father's super-

126 The Filson Club History Quarterly [Vol. 13
vision his studies were directed toward a thorough preparation
for college, and a carefully selected course of reading. Enforced
retirement therefore gave him a scholastic advancement beyond
many others of equal age.
With return to physical fitness he was entered as a pupil in
the celebrated school conducted by Dr. B. B. Sayre. Doctor
Sayre was of Scotch-Irish descent and reflected all the determined
characteristics of that race. He was a fine scholar, a man of
great character, and a stern disciplinarian. His course of instruction
was based upon a thorough training in the classics and
mathematics--implemented by the birch when deemed advisable.
The roll of that school is graced by the names of many young
Kentuckians who notably distinguished themselves in after life,
and who lived to hold Dr. Sayre's name in grateful memory.
In 1854 young Brown, having satisfied the requirements of
Dr. Sayre, entered'Yale. His excellent preparation enabled him
to pass into the junior class easily. During the ensuing two
years he maintained a high standard of scholarship, wrote many
articles for, and became one of the editors of, the Yale Literary
Magazine. With his classmates he was very popular, and many
friendships were formed that endured to the end. Among his
intimate friends were Timothy Dwight, afterward to become
President of Yale; David Brewer and Henry Brown, to become
Justices of the Supreme Court; Chauncey Depew, in later years
Senator from New York, and Benjamin Magruder, a future Chief
Justice of Illinois. Brown never forgot Yale and was its loyal
son to the day of his death.
After graduation at Yale in the class of 1856 he returned to
Frankfort. During part of 1857-58 he taught at Dr. Sayre's
School. In 1858 he was employed on the State Geological
Survey. He then took up the study of law under Thomas N.
Lindsay, Esq., and was admitted to the bar July 13, 1859. In
April, 1860, he moved to St. Louis and there entered upon the
practice of law. His half brother, Benjamin Gratz Brown,
had settled in St. Louis some years before and was a leading
attorney there. This situation continued until May, 1861.
During his residence in St. Louis he made many friends, and
laid the foundation for a successful career at the bar. He was
on exceptionally good terms with the higher officials of the
American Fur Company, which had large interests in the territory
bordering the upper reaches of the Missouri River, and with

1939] John Mason Brown, 1837-1890 127
a great Jesuit priest, Father DeSmet. DeSmet's knowledge
of the Northwest Territory and its Indian inhabitants was
profound, his missionary work among them and his observations
on the country they inhabited gave him a high place in the history
of the West. Conversations with these gentlemen, particularly
with Father DeSmet, and a natural love of adventure, inherent
in every young man, determined him to make a trip to the
Northwest.
In May, 1861, Brown took passage on the steamboat Spread
Eagle for Fort Benton (Montana), situated at the head of navigation
of the Missouri. Ample equipment was carried and the
necessary financial credentials secured. Father DeSmet had
given letters of introduction that assured the hospitality and
assistance of all missionaries in the Territory. The hunting of
big game was of course the principal objective, but it was coupled
with a desire to see the country of which he had heard so much,
and to make such a study as circumstances would permit of the
Indians who inhabited it. During this trip a journal was kept.
It records the daily life on the steamer, the passengers met,
comparison of the country passed through, with maps and descriptions
of Lewis and Clark--always with a tribute to their accuracy-and
comments on the friendly Indians met at the various
landings. While on the Spread Eagle Brown studied and became
reasonably familiar with the Indian sign language, which was
indispensable for inter-tribal communication, and to one not
familiar with the dialects required. Fifty days after leaving
St. Louis, and at Fort Union, Brown transferred to a smaller
steamer, the Chippeway, for the final stage. The next day the
steamer caught fire and blew up, and a good part of his equipment
was lost. Joining a small party of his fellow passengers
Brown marched overland with them to Fort Benton, a distance of
approximately 350 miles. It was his first experience of that
kind, quite a trying one, and the best possible preparation for
what was to come later, not only in the Northwest but in the
field during the Civil War.
After reaching Fort Benton, some time was spent in the
general vicinity of the Fort hunting and obtaining information
and advice as to the next stage of the journey. There then began
a dailytrek toward the Rocky Mountains, which were to be
crossed, and the Coeur D'Alenc region entered. This was
accomplished in easy stages. Stops were made to enable big

128 The Filson Club History Quarterly [Vol. 13
game hunting, fishing or exploration. Many visits were paid to
the Jesuit missions, where the Indian dialects, habits, and tribal
customs were very thoroughly inquired into. During this time
Brown had improved in the use of the sign language, acquired a
fairly good working knowledge of the Blackfoot dialect, and had
begun the compilation of a simple dictionary. It was a most
pleasant and instructive experience. From the Coeur d' Alene
he proceeded to Walla Walla, thence to and down the Columbia
by boat to Portland, where land transportation by stage was
taken for San Francisco. From San Francisco the overland
route was taken through Sacramento, Salt Lake City, Laramie
and Atchison to St. Louis, where he arrived in November.
In the following May (1862) Brown returned to the Northwest.
High water in the Missouri enabled the Spread Eagle to
proceed direct to Fort Benton and without incident. His journal
records about the same detail of the voyage as the preceding
journal did. After arrival at Fort Benton, Brown and his companions,
Dawson and a French Canadian voyageur named Longtemps,
had "rockers" built and, equipping a train, set out for the
country around Chief Mountain Lake in British America, about
300 miles northwest of Fort Benton, to prospect for gold. There
was trouble among some of the Indian tribes, which rendered
cautious progress necessary. They soon fell in with bands of the
Blackfoot tribe and Brown's knowledge of the sign langnage and
the dialect was of great value. The little expedition traveled
with the Blackfeet, did a good deal of hunting, and reached the
lake. Prospecting produced no results and turned the expedition
into an exploring one. In August, Brown was adopted as a
"Blood Brother" by En-es-tayp-c-ka, a Blackfoot chief, and
presents were exchanged. There was much inquiry into the
Blackfoot tradition and some progress was made on the dictionary.
This continued until about the 1st of September, when news
was received of conditions in Kentucky. Brown returned immediately
to Fort Benton, had a boat built and with a few companions
floated and rowed down the Missouri to Yankton, where
he was able to get land transportation to Sioux City and thence
to St. Louis, where he arrived about October 15th. The last
entry in the journal is at St. Joseph, Missouri, October 12, 1862.
The experience gained in these two trips to the Northwest
was of inestimable value to Brown as a commander of Union
troops in the Civil War. He had learned to care for himself and

1939] John Mason Brown, 18S7-1890 129
the men under his command in the field. Self-reliance in difficult
situations had been developed and greatest of all he had been
under hostile rifle fire. It was an ideal training for the volunteer
soldier. He had, while awaiting transportation at Walia Walla,
been the guest of the officers of the Dragoon Squadron stationed
there, and had given special attention to the drill and discipline of
mounted troops of the Regular Army. It is worth noting that
the officer who was especially solicitous in giving him the benefit
of long experience was Reno, who was afterwards with Custer in
that officer's last engagement.
Immediately on arrival at St. Louis he settled his affairs and
left for Kentucky. In a state and community divided by Civil
War he followed his convictions, embraced the Union cause and
was immediately commissioned a major in the 10th Kentucky
Cavalry. He served with this regiment in all the duties involving
the cavalry arm operating against enemy cavalry--John H.
Morgan's Confederate Cavalry in particular--and in suppressing
the guerilla organizations harassing the Union armies in Kentucky
and West Virginia. On December 17, 1863, he was promoted to
the colonelcy of the 45th Kentucky Mounted Infantry. Seniority
gave him command of the Second Brigade, Fifth Division,
Twenty-third Army Corps. In an enlarged sphere of action he
continued the class of operations in which the 10th Kentucky
Cavalry had been engaged. Noteworthy in his military service
is the march of his brigade to the battle of Mount Sterling, Kentacky.
The brigade of cavalry marched ninety miles in thirty
hours and went into a successful action, one of the record performances
of mounted troops.
Upon the close of the Civil War Colonel Brown returned to
Frankfort and began anew the practice of law. In this profession,
as will be later described, he was eminently successful, but the
writer is certain, from boyhood recollection, that the spirit of
adventure which led him to the Northwest, and his service in the
Union Army, always made him turn a wistful eye to the life of a
soldier.
On November 25, 1869, he married his cousin Mary Owen
Preston, daughter of General William Preston, C. S. A., and
Margaret Howard Wickliffe Preston, of Lexington, Kentucky.
]They had four children: Preston, John Mason, Mary Mason
and Margaret Wiekliffe Brown. ]

130 The Filson Club History Quarterly [Vol. 13
In 1870 he removed to Lexington to become a junior partner
in the legal firm of Major Madison C. Johnson, a distinguished
lawyer in that community. The association was invaluable, it
was the vehicle of an introduction to a most desirable clientele
and a close personal contact with a profound legal scholar.
Major Johnson was a directive influence and example to the
beginner never to be forgotten.
In 1873 Colonel Brown removed to Louisville and formed a
partnership with his brother-in-law, William F. Barrett, under
the style of Barrett and Brown. This association determined
the field of his life's work. During the nine years that this
partnership continued there was an ever-increasing practice and
an enlargement of Colonel Brown's field of work and the secure
establishment of his position at the bar.
In 1882 the firm of Barrett and Brown was dissolved and
Colonel Brown formed a partnership with George M. Davie.
Mr. Davie had married Mrs. Brown's sister and had been for
some years in practice with Judge Martin Bijur. The story of
the new firm paralleled previous relationships: the scope and extent
of their practice constantly increased. In 1885 Judge
Alexander P. Humphrey joined the firm, which then became
Brown, Humphrey and Davie. This arrangement continued
until Colonel Brown's death. The firm prospered and soon took
its place among the leaders of the Kentucky bar, having in its
charge many of the most important cases of that period.
To his chosen profession Colonel Brown brought sound academic
training--great industry and the mind of a scholar. He
delighted in the study of the history of the law and its evolution
from a system of simple justice adapted to the needs of early
medieval communities to a carefully balanced system of juriso
prudence adjusting the human and property relationships of the
highly industrialized state. To him the law was not a mere cold
definition of rights and procedure. It was a living, breathing
document designed through centuries of experience to assure
justice to man. To the preparation and presentation of his ease
he gave meticulous care. Not only was the case at hand carefully
analyzed but the various decisions and authorities for or against
it subjected to the same process. Rarely was the occasion when
a point was raised that had not been foreseen and a method of
attack or defense provided. An able and adroit speaker, his
arguments are models of lucid expression. An excellent ad-

o o

I
J

1939] John Mason Brown, 1887-1890 131
ministrator, his advice and counsel in the legal questions involving
the organization and management of large corporations and the
settlement of estates was in constant demand, Only on a very
few occasions did he appear in a criminal case; then it was an act
of friendship extended to one in misfortune. In a short but
brilliant career much was accomplished. The affection he gained
and the good he did were his reward.
While Colonel Brown was always interested in the broad
political questions which affected state or national policy, he
had little taste or inclination for those of purely local character.
On many occasions he advocated--in a strictly non-partisan
manner--measures that manifestly were for the public advantage,
but sought no office or preferment. A lifelong Republican born
and living in a State that was overwhelmingly committed to a
contrary political belief he most willingly left the quest of honors
and office to others. Professionally he concentrated on the law.
For relaxation he turned to his library. In a broad sense he
was essentially a man of letters. The foundation in Greek and
Latin acquired under Dr. Sayre was never laid aside. He read
Greek and Latin easily and was able to converse quite fluently in
Latin. The classics he read and reread with keen appreciation.
French he read and spoke fluently. In later life he acquired a
thorough working knowledge of Spanish, and translated many of
the Spanish dispatches relating to the early history of Kentucky.
Interested in the Mayan civilization of Yucatan he became able to
interpret inscriptions on the ancient archeologieal ruins of the
prehistoric inhabitants. Thence he turned to mathematics and
the history of that science as influenced by the Arabs. In doing
this he studied Arabic with some success.
Most congenial to him, however, was the study of history,
particularly that of his native State, in which his forbears had
taken an active part. As a boy he had heard almost at first
hand the story of the settlement of Kentucky and the struggles
and privations of the early pioneers. To him the tale of the
stockaded fort, the attacks by Indians and the unflinching
defense was a great epic in the building of the nation. It was
the story of the flint lock rifle, and a determined race facing
successfully great odds--the real survival of the fittest. He
lived to see a great nation, its frontiers extending from Sandy
Hook to the westernmost island of the Aleutian Archipelago
built on these foundations.

132 The Filson Club History Quarterly [Vol. 13
In 1867 he published in the Galaxy Magazine of New York an
article on the Traditions of the Blackfoot Indians, with especial
reference to their theogony. The Blackfoot legend of the
creation of man and their Supreme Being is set forth with great
clarity and shows the critical study he made of that tribe during
his expeditions to the Northwest. Written most sympathetically
it shows how clearly he saw the eventual fate they must
face under circumstances much akin to those who had opposed
the Kentucky pioneers. The Blackfoot word used for the
Supreme Being is Na-pi-co. Its literal translation is "The Old
Man." Soldiers and sailors define their commanding officer as
"The Old Man."
The oration at the centennial celebration of the Battle of
the Blue Licks was delivered by him August 19, 1882. It is a
stirring account of Simon Girty's invasion of Kentucky, his
repulse at Bryant's Station, after a fine defense in which the
women and even the children showed surpassing courage, the
great rally of the settlers, the pursuit of Girty by Colonel Todd's
command and its disastrous defeat at the Blue Licks due to
McGary's insubordination.,
In the same year, on June 22, he read a paper before the Kentucky
Bar Association on "The Old and New Court," an exposition
of judicial history of marked excellence.
In 1886 he was selected to deliver the address at the centennial
of the founding of Frankfort. It was a notable exposition
of the history of the town, the circumstances attendingSt
and the men who achieved it. The stormy political conditions
arising from the intrigues of Wilkinson and Burr were surveyed
in detail. To Colonel Brown it was an occasion that moved
him greatly. The history of his family was part and parcel of
the history of the town. All his Brown ancestors in America
were buried on the hill which was within his sight. He ha2
been born in Frankfort, and fr( m there had gone to the Civil
Wax, parting, temporarily, with boyhood friends. His memories
were all of Frankfort and the names it recalled.,
Soon after establishing himself in Louisville, Colonel Brown
was fortunate in forming a lasting friendship with Colonel
1 An Oration Delivered on the Occasion of the Centennial Commemoration of the
Battle of the Blue Lisks,19th August, 1882, by John Mason Brown. Published
under the Auspices of the Kentucky Historical Society, Frankfort. 55 pages. 1882.
2 An Address Delivered on the Occasion of the Centennial Commemoration of the
Town of Frankfort, Kentucky, 6th October, 1886, by John Mason Brown. 38 pages.
Louisville, 1886.

1939] John Mason Brown, 1887-1890 133
Reuben T. Durrett. Colonel Durrett was a scholar of great
ability whose particular pleasure it was to collect "Kentuckians."
He was the outstanding authority on the history of Kentucky
and his library collection on that subject probably was, at that
time, the most complete in the possession of a private citizen.
These two gentlemen found everything in common and met very
frequently, practically every Sunday afternoon, in Colonel
Durrett's fibrary to exchange views, compare the results of their
researches and establish a documentation based on the results
of rigid criticism. During their meetings the need of some
suitable organization to collect and care for aU obtainable matter
bearing on the State's history became evident. As a result
The Filson Club was formed in 1884, on May 15th, Colonel
Brown being one of the ten charter members. It is not necessary
to say here how efficiently the Club has performed its task.
At the urgent request of Colonel Durrett, Colonel Brown
prepared a monograph entitled Political Beginnings of Kentucky.,
This manuscript was in the press at the time of his death. It
was the result of much search after documents hitherto unpublished,
and of the translation of many Spanish reports and correspondence
which had not up to that time been inquired into.
It is a most valuable factor in Kentucky's early history.
The best summation of Colonel Brown's life work was made
by a friend shortly after his death. He said:
"Colonel Brown was not only the learned lawyer, the able
advocate, the skilled practitioner; he was not only the courteous
gentleman, the erudite scholar, the public-spirited citizen; he
was an upright and honest man."
I The Political Beginnings of Kentucky--A Narrative of Public Events bearing on
the History of the State up to the Time of its Admission into the American Union,
b . John Mason Brown. The Filson Club Publications No. 6. 263 pages. Louisville,
1889.
EDITOR'S NOTE: It may be well to call attention to the fact that in addition to
the three hooks noted in the three foregoing footnotes John Mason Brown was the
writer of Memoranda of the Preston Family, a booklet of sixty-four pages printed
in 1870, in Frankfort, Kentucky, by S. l. M. Major. It presents well-arranged
genealogical, data on the descendants of the five children of John Preston and his
wife Elizabeth Patton, of Colonial Virginia.