CHAPTER I

THE LIFE OF

JOHN WORTH KERN

[Illustration: JOHN WORTH KERN--1913]

THE LIFE

_of_

JOHN WORTH KERN

_By_

CLAUDE G. BOWERS

INDIANAPOLIS

THE HOLLENBECK PRESS

1918

COPYRIGHT NINETEEN HUNDRED EIGHTEEN

BY CLAUDE G. BOWERS

FORT WAYNE, IND

DEDICATED

TO

JOHN WORTH KERN, JR.

AND

WILLIAM COOPER KERN

“_It is fine to feel that one’s boy may become a great man; but I would

rather that my boys should be good without being great, than to be great

without being good._”--SENATOR KERN.

ACKNOWLEDGMENTS

In the preparation of this biography, in the midst of the duties of an

exacting profession, I wish to acknowledge my indebtedness to

Vice-President Marshall, Secretary of the Treasury William G. McAdoo,

Secretary William B. Wilson, William Jennings Bryan, Judge Alton B.

Parker of New York, Senator Saulsbury of Delaware, Senator Kenyon of

Iowa, Senator Lea of Tennessee, Senator Thomas of Colorado, Senator

O’Gorman of New York, Senator Taggart of Indiana, Leon O. Bailey of New

York, “Mother” Jones, Andrew Furseth the Emancipator of the Seamen,

Jackson Morrow of Kokomo, Indiana, John Callan O’Laughlin of Chicago,

Louis Ludlow of Washington, D. C., Thomas Shipp of Washington, D. C., W.

H. Blodgett and Kin Hubbard of the _Indianapolis News_, for data,

verifications and reminiscences.

And I am under the deepest obligations to Robert E. Springsteen of

Indianapolis, and Howard Roosa, editor of the Evansville Courier, for

services too numerous to mention.

C. G. B.

INTRODUCTION

VICE-PRESIDENT’S CHAMBER,

WASHINGTON, D. C.

Because carping Pilot asked “What is truth” and did not stay for an

answer, the world has thought that question to be the one unsolved

riddle. Yet there are many other attributes to which answers have been

given that are almost, if not altogether, as great riddles.

What constitutes greatness has received as many answers as there have

been men to express them. It all depends upon the mental process of a

man as to whether his fellow man has attained unto greatness. The

paladin of finance would consider it a joke to be told that an

Egyptologist was a great man; the doer of deeds can never think of

greatness as an attribute to the dreamer of dreams; and thus it is that

the estimate by one man of another will only pass current with those of

like mind.

For me, it has been needful that brain and heart should work in unison

in the life of a man in order to render his story worthy of being

embalmed in a biography. Mere intellect is not sufficient; mere emotion

unsatisfactory. For thirty years I knew all about and I also knew John

Worth Kern. Heaven molded him with a clear and analytic mind--a mind

capable of grasping and elucidating the great problems of state--and

then Heaven further endowed him with a tender and loving heart, so that

much as he believed in the principles for which he stood and the faith

which he avowed, he had that large-hearted and generous judgment of his

fellow men which mark, to my mind, true greatness.

It is the measure of a little man to be cocksure, to be eternally and

everlastingly right, to be quite certain that Jehovah gave into his

hands all knowledge, all goodness and all power. It is the measure of a

really great man to walk with certainty and yet to walk humbly in his

public life, granting to other men the right to think, to speak, to act

freely.

This was the grade of man John Worth Kern was. He showed it in his

brilliant services at the bar, in his forceful presentation of his

party’s principles on the stump and in that kindly, loveable leadership

which, when he left the Senate of the United States, made it the supreme

desire of political friend and foe alike to do something for him as the

shadows of night began to gather around his head. To my mind he was one

of Indiana’s great and illustrious citizens whose life, when read by the

schoolboy of to-day, will help to sweeten, glorify and adorn the public

service of to-morrow.

It were impious here to speak of his beautiful home life. He was great

in the counsels of his party but in his home he transcended the common

mortal and became a demigod of love and good will. The Indianian will

know him and love him even more, if possible, when this biography is

read and it is remembered that it is the free-will offering of a man who

saw our dear, dead statesman and citizen in his hours of exultation, in

his moments of depression, when his soul was bare to the inspection of a

man who knew when he saw what he saw.

THOMAS R. MARSHALL.

CONTENTS

CONTENTS

I--CHILDHOOD AND EARLY YOUTH 1

The wilderness physician--Alto--Birth of Kern--Playing

doctor--Life in Iowa--The partisan of 1860--Kokomo

Academy--The equestrian orator--The pedagogue--Alto

society--A temperance speech--The actor in “The Demon

of the Glass”--The boy orator--Ann Arbor days--Letters

to Morrow--Visit to Canada--The slate-maker of 1868--Views

on Indiana politics--Hears Gough, Philips and

Whipple--Work in the Douglas Society--His reconstruction

views--Hears Zack Chandler--His thesis--Graduation--Taken

for a maniac.

II--KOKOMO DAYS--LAWYER AND CITIZEN 27

“Tipton no place for a LL. D.”--Opens office in Kokomo--Anna

Hazzard calls--Prospects--Office loafers--The

“boys”--His popularity--Considered a genius--C. C. Shirley’s

recollections--Eloquence before juries--Pranks in

court--Buys a $30 cake--Marriage--Takes first rank as

criminal lawyer--Battle with Hendricks and Gordon--Hendricks

predicts brilliant future--The Hawkins case--Court

battle with Voorhees--Voorhees’ tribute--The Kokomo

of the seventies--The community orator.

III--AS DEMOCRATIC LEADER IN HOWARD, 1870-1884 47

County convention of 1870--Kern writes resolutions--Nominated

at twenty for legislature--Brilliant campaign--Pays

election bet--Helps establish Democratic paper--Writes

for papers--Democratic convention of 1872--Establishes

a Greeley paper--Rides in political processions--Makes

reform fight in 1874--The McGill machine--Active

in ’76--His keynote--Addresses “hack drivers on Indiana

avenue”--Phillipic against Worden--His regrets--Opposed

to Tilden’s nomination--“I’m a liar”--Attacked in

the press--A Scurrilous story--Campaign of ’82--His

views on money in elections--The faith of his followers.

IV--REPORTER OF THE SUPREME COURT, 1884-1889 68

Seeks nomination for reporter of Supreme Court--The

great convention of ’84--Nominated--A spirited campaign--Wins

state reputation--Challenges Holstein to debate--Considered

gubernatorial timber--Recollections of his

campaign of ’84--His retorts--Evenings with ballads--Work

as reporter--Joke on Judge Niblack--Extends acquaintance--A

day of conviviality--Defeated in 1888--Marriage

to Miss Cooper--The Indianapolis lawyer.

V--LEADER IN THE INDIANA SENATE, ’93 AND ’95 88

Elected to state senate--Conceded leadership--His appearance--Nominated

Turpie--Espouses an unpopular cause--Relations

with labor organizations--Leads fight to legalize

unions--His speech for Deery bill--Attracts national

notice--Unpopularity of labor--Leads senate fight for employers’

liability law--Dramatic incidents--A signal triumph--Fights

for child labor law--Leads minority in 1895--Fights

Republican gerrymander--Excoriates Republican legislative

record--The Nicholson law--Kern’s part--Estimate of

colleague.

VI--EUROPE AND THE CAMPAIGN OF ’96 114

Rest in Europe--Meets Alton B. Parker--General Collins--Paris

days with Morss--The silver pre-convention debate--The

English opera house meeting--Kern’s speech--The

convention--Kern enters campaign--Effect of developments

on him.

VII--GUBERNATORIAL BATTLES 126

Political conditions in 1900--Kern declines to run for governor--The

Morss dinner--Accepts at midnight--Frank

B. Burke--Kern nominated--The campaign--Defeat--Speech

at Bryan birthday dinner--Recognized as Bryan’s

Indiana lieutenant--Keynote speech in 1902--The battle of

1904--Kern supports Parker--Refuses nomination for governor--Consents

on plea of Parker--Parker’s verification--Defeat.

VIII--EUROPE AND ASHEVILLE: AN INTERLUDE 144

Europe for rest--Green Smith--Incongruous tourists--Joke

on Smith--Catches cold in campaign of 1906--Forced

to Asheville--Life there--Letters to John, Jr.--Recovers.

IX--RUNNING WITH BRYAN 156

Kern and the vice-presidency--Pleads poverty--Bryan offers

room in White House--Letter to _Indianapolis News_--En

route to Denver--With Bryan at Lincoln--Vice-presidency

not discussed--Discussed in Denver--Boom dinner

at the Savoy--Kern’s silence--Indiana delegation organizes

to push him--His only words to delegation--Selected by

the leaders--Marshall’s nominating speech--Nominated--Hero

of the hour--Stops at Lincoln--Town “Kern-mad”--Meets

with Bryan and the committee--Publicity of contributions

before elections--Embarrassment in the enemy’s

camp--Reaches home--Non-partisan reception--Kern’s

speech--Tribute of Kokomo--At Bryan notification meeting--Kern

notified--His southern tour--Meets Sherman at

Chicago--John, Jr., stricken--Kern’s eastern tour--John,

Jr., worse--Cancels dates--Indiana tour--Election night--Kern’s

affection for Sherman.

X--BATTLE FOR THE SENATE 188

Kern announces candidacy for senate--Opposed by the

breweries--The other candidates--Lamb’s warning against

secret ballot--Scenes at the Denison--At the state house--Analysis

of vote--Defeated--Alibis--The famous Morrow

interview--Convention of 1910--“The Governor’s

Plan”--The fight--Kern’s attempt to refuse the nomination--Meredith

Nicholson’s comment--Nominated--Beveridge’s

position--Kern’s keynote--Views on the speech--Fight

for progressive Democrat votes--Kern’s attacks--“Mary

of the vine-clad cottage”--Roosevelt, Bryan and

Parker--Victory.

XI--KERN’S FIRST CONGRESS 209

Demoralization of Republicans in congress--New Democratic

senators--Their progressive trend--They rally about

Kern--Kern leads fight for reorganization--Nominates

Shively for leader--Named on Steering committee--On

Finance committee--Favors Shively for the place--Relations

with Shively--A famous pension speech--Canadian

reciprocity--The “Farmer’s lobby”--The Lawrence strike--Position

in Stephenson case--The Archibald impeachment.

XII--KERN’S FIGHT AGAINST LORIMERISM 226

The Lorimer election--His vindication--A new investigation--Kern

on committee--Scenes at the hearings--The

sinister atmosphere--The committee division--Lea and

Kenyon--Affectionate relations of the three--Kern’s base

of operations--Scurrilous letters--Kern’s cross-examination--The

Blumenberg incident--The girl telegrapher--Attempts

to postpone committee report--Kern’s insistence--The

committee fight--The minority report--Kern the dominating

figure--Kenyon’s estimate--Lea’s--John Callan

O’Loughlin--Kern’s speech--Challenges Lorimer’s supporters--Lorimer

attacks Kern--Why Kern did not reply--Lorimer

expelled.

XIII--KERN’S POSITION AT THE BALTIMORE CONVENTION 252

Kern hears of fight on Parker--His embarrassment--Refuses

temporary chairmanship--Bryan’s reasons for not

being a candidate--Bryan decides on Kern--Efforts to dissuade

Bryan--Bryan’s testimony on the subject--A sleepless

night--Kern plans his appeal to Parker--Tells Mrs.

Kern--The convention scene--Bryan nominates Kern--Kern’s

dramatic appeal--The effect on the public--A surprise

to Bryan--Bryan’s delight--His description of Kern’s

speech--Kern chairman Platform committee--Kern the

dark horse--His pre-convention attitude--Bryan’s knowledge

of his embarrassment--“Testing sentiment for Kern”--“Wilson

or Kern”--Luke Lea--Kern loyal to Marshall--Important

states ready to go to Kern--If Kern had given

consent--Reasons for refusal--Bryan’s attitude--Kern’s

influence on result.

XIV--ELECTION TO LEADERSHIP OF THE SENATE 282

A Democratic senate--The grave responsibility--Ugly memories--New

Democratic senators--Reorganization movement--Kern

absent from conferences--A telegram--Conferences

at Luke Lea’s home--Kern chosen by progressives

for leader--His special qualifications--Elected unanimously--His

conciliatory policy--Revolution in committees--Changes

in rules--The country’s interpretation of

the revolution.

XV--KERN’S FIGHT AGAINST FEUDALISM IN WEST

VIRGINIA 296

Feudalism in West Virginia coal fields--The system--The

horrors of Cabin Creek--Reign of the gun-men--War of

1912--Unionism outlawed--Ernest Gaujot the King Guard--Outrages

on women and children--“I don’t hear my

baby calling me now”--Battle of Mucklow--Mother

Jones--Leads miners to governor--Gun-men must go--Mother

Jones organizes men--Governor appoints investigating

committee--Its report--Armored train shoots up miner’s

camp--Murder of Estep--Martial law--Mother Jones arrested--System

enforces silence--The public wonders--Mrs.

Freemont Older--Magazine exposes--Constitutional

rights denied--Civil courts ignored--Mockery of trials--Kern

presents resolution--Powerful interests alarmed--Pressure

on Kern--Sinister fight on resolution--Kern

hears from people--Mrs. Older sees him--“Will see you in

hell first”--Bitter attack on Kern--Mother Jones smuggles

telegram to him--A dramatic incident--Effect of telegram--Mother

Jones released--Goes to Washington--Her work

there--Kern’s first speech--Demands light--Kern’s second

speech--Warns of social injustice--States rights--Wins the

fight--Result of investigation.

XVI--SENATORIAL BATTLES FOR SOCIAL JUSTICE 328

Industrial Relations Commission--Kern’s interest--Attempt

to cut its appropriation--Kern’s successful protest--The

Seamen’s bill--Slavery of the sea--Andrew Furseth--His

appeal to Kern--Kern’s attitude--Accompanies Furseth

to the president--Furseth’s anniversary letter to Kern--The

Kern Workman’s Compensation Act--The Child

Labor Bill--Kern’s part--His fight in caucus--Vardaman

drops the curtain--Kern leads fight in senate--Excoriates

a preacher--His effective use of President Eliot’s letter.

XVII--IN THE ROLE OF SENATE LEADER 349

Responsibility of leadership--On guard--Conciliation--The

absentees--A jocular rebuke--Threatens slacker with

denunciation--Summer of 1914--Temper of congress--Work

in caucus and conferences--The one revolt--Smokes

Penrose out--The president’s program--Kern’s tact and

temper--Why he did not speak--Relations with the president--Opinion

of him--Night conference in capitol basement--Strike

conference in Kern’s room--Letter to Mrs.

Kern--Concern over international situation--White House

conference on Germany--Relations with Bryan, McAdoo,

Daniels and Wilson--Opinion of Lane--Estimates of Senators

Thomas, O’Gorman and Saulsbury--Relations with

Republicans.

XVIII--THE LAST BATTLE 377

Indiana campaign of 1916--Comedy and tragedy--Blunders

of national leaders--Lack of money and organization--Speakers

refused--Kern’s advice ignored--His plan--His

illness--Handicaps of campaign--Mother Jones reports--Last

campaign speech--Philosophical in defeat.

XIX--THE CLOSING OF A CAREER 389

Last session--Retains leadership--Failing health--Shadows

of war--Kern’s distress--The President’s senate speech--Kern

delighted--On arming merchant ships--Kern’s valedictorian--Henry

Cabot Lodge’s response--Hoke

Smith’s--Watson’s--Stone’s--Thomas’--Testimonial of Democratic

senators--Vice-president’s note.

XX--THE REAL KERN: A COMPOSITE PORTRAIT 403

The Kern of the closet--Solving problems in solitude--Powers

of concentration--Patience--Patience under attack--Tireless

letter writer--Art of his letters--Manner of

preparing speeches--Religious nature--Rebukes a minister--Letter

on death of a child--Personal appearance--The

companion--Reminiscences and stories of Henry Barnhart,

Ludlow and Blodgett--Leon Bailey’s picture.

XXI--AT KERNCLIFFE 453

Kerncliffe--Mrs. Strauss on “The House that Araminta

Built”--Kern’s hope for rest--Failing health--At Asheville--Lecture

tour--Breakdown--Ordered back to Asheville--Letters

to sons--Last days--Death--The burial at Kerncliffe--Memorial

meeting at Indianapolis--Senate action--Secretary

of Labor Wilson’s tribute.

LIFE OF JOHN W. KERN

CHAPTER I

CHILDHOOD AND EARLY YOUTH

I

In the forties the constant stream of sturdy pioneers pouring into

Indiana from the eastern and southern states began the work of redeeming

the state from the wilderness. These early settlers were a hardy folk,

adventurous, inured to toil, and strong of character. In 1840 the first

white man settled in Harrison township in Howard county, albeit the

locality had been a paradise for trappers for several years before a

permanent settlement was made. It was a country of rich soil, but

heavily wooded with primeval forests, and many years of assiduous labor

were to intervene before the stumps could be cleared from the fields or

the highways be made at all passable in bad weather. Almost immediately

after the first white man established a permanent home in the township a

water mill was built, and about it a settlement sprang up which took the

name of Alto. Soon the village boasted--and the word is used

advisedly--three stores, three cabinet shops, a blacksmith shop, a boot

and shoe shop, and during the first two years of its existence it did

as much business as Kokomo, a few miles distant. Here was constructed

the first church in the township, a large one built of logs, which was

to serve as a place of worship for many years. And in the middle of the

first decade of the existence of this settlement in the wilderness Dr.

Jacob Harrison Kern moved to the village, built a home and opened an

office.

Doctor Kern’s great grandfather, Adam Kern, had emigrated from Germany

about the middle of the eighteenth century, with ten children, seven of

whom were boys, and settled in Frederick county, Virginia. One of his

sons, the grandfather of Doctor Kern, had made his home at Kernstown,

Virginia, about four miles south of Winchester, where six sons were

born, the eldest, Nicholas, and the father of the future medical adviser

of Alto, having first looked out upon the world on the third anniversary

of the signing of the Declaration of Independence, and in the midst of

the revolutionary war. He was the father of ten children, the sixth of

whom, born in December, 1813, was christened Jacob Harrison. In 1838 Dr.

Kern, accompanied by three of his brothers, moved to Shelby county,

Indiana, bringing with them an old negro woman known as “Aunt Giny,”

whom they set free. A little later the doctor, who appears to have been

a victim of the wanderlust after leaving his Virginia home until his

ultimate return, moved to Warren county, Ohio, where he began the

practice of medicine. Here he met and married a Nancy Ligget, who is

remembered by her daughter as “a comely woman, tall, rather slender and

with black hair and eyes.” Here the first child, Sally, was born in

1845, and soon after this event the little family moved to Alto.

Doctor Kern was a rather stern, grimly serious man, of exceptional

professional capacity, and strong mentality, and his reputation as a

physician spread through the surrounding country, resulting in an

extensive practice for miles about. He was what is popularly known as a

“strong character,” possessed of little of the sense of humor with which

his more celebrated son was so abundantly gifted. Asked for a

description or characterization of him, the few, now living, who

remember him almost invariably hesitate and begin with the comment,

“Well, it is rather difficult to describe him. He was an unusual

man--different from most men. He had a fine mind and a fine character.”

His son remembered him with an affection in which admiration

predominated. He was cast in the Puritanic mould, abhorring indolence

and vice, preaching and practicing frugality and toil.

At the edge of the village he built a home which was considered a

pretentious structure for the time and place, although it consisted of

but two rooms. The fact that instead of being a rough log hut it was

weatherboarded and had “two front doors” was enough to stamp it in the

wilderness as the abode of the patrician of the community.

Here on December 20, 1849, just nine years after the first white man

settled in the township, John Worth Kern was born.

II

The first five years of his life were spent in the house with the “two

front doors” and differed in no wise from the early childhood of the

other children of the wilderness community except that he had more of

the comforts than fell to the lot of many others. The only picture of

the future senator of that period that is preserved is in the memory of

the venerable sister--a picture of the boy in his favorite amusement,

sitting astride an old discarded saddle on a carpenter horse with a pair

of saddle bags filled with powders and bottles, going to visit an

imaginary patient, and solemnly giving instructions to “give him one

powder every hour till Monday, and if he ’plains of it give it to him

agin.”

In 1854 Doctor Kern moved with his family to Warren county, Iowa, where

the next nine years were spent near Indianola in pleasant surroundings,

with congenial neighbors, and in the midst of plenty. Here we get our

first glimpse of the future partisan in an incident connected with the

Lincoln-Douglas campaign of 1860. From his earliest boyhood he knew he

was a Democrat and he took no pains to conceal the fact. During the

dramatic campaign of 1860 he frequently drove to Indianola with a load

of wood, and on these expeditions he attracted attention by his

vociferous yelling for Douglas. On going to town after the election, he

was accosted by a friend of his father’s with the query as to how he

felt over the result.

“Like Lazarus,” snapped the eleven-year-old partisan.

“Why, how is that?” he was asked.

“Like I’d been licked by the dogs,” was the quick retort.

After the death of Mrs. Kern the doctor soon lost his taste for far

western life and in 1865 he returned with his two children to Alto,

which was to remain the home of the family until after the only son

commenced his professional career.

At the time young John returned to the house of his nativity, a tall,

lightly built youth of fifteen, he immediately was accorded a position

of leadership among the boys and girls of his own age. The social

activities of the community were of a simple nature and revolved about

the church. The young people met at the Sunday school services in the

old log Methodist church, and at the Cobb church a mile distant from the

village, for gossip and flirtations, and it was in connection with the

Sunday school that the future statesman first attracted attention to

his precocious ability. I am indebted to Mr. Jackson Morrow, a life-long

friend, for a description of this event. “John was then an active member

of the Alto Methodist Sunday school,” he writes. “In that day the annual

Sunday school celebration was the great social event of the community.

In the community were numerous country churches and each maintaining its

Sunday school. It was during the summer of 1865 that there was held in a

beautiful grove adjoining Alto a celebration of rather more than

ordinary merit. It was an all-day affair. The forenoon was devoted to

singing by the various schools in attendance and an address by a local

celebrity. Then followed the picnic dinner--a sumptuous affair requiring

an hour and a half for its disposal. The afternoon was largely given

over to recitations and the reading of original papers by selected

members of the several schools. John Kern represented the Alto school

with a paper. His theme was Temperance. He attacked the saloon and

drunkenness in a vigorous manner. It was really an able paper and read

in his clear, incisive and earnest manner captured the large audience.

From every quarter the comment was heard that if a mere boy could make

such an address much could be expected of him when he became a man. The

paper was singled out for publication in the county paper.”

About this time he entered the Old Kokomo Normal, an educational

institution much superior to most of the Indiana schools of that period.

The building, a commodious one, had been erected several years before by

the people of Kokomo and the surrounding country with the view to giving

their children the advantage of training in the elements of higher

learning and to fit them for teaching in the public schools. The head of

the school at the time was Prof. E. N. Fay, a college graduate and a man

of scholarly attainments, and he had surrounded himself with a competent

corps of assistants. While attending the Normal young Kern lived at his

home in Alto, riding his horse to Kokomo in the morning and returning in

the evening. For the sake of economy he took his lunch with him. The

six-mile stretch of mud road between his home and the county seat was

impassable during much of the winter except on horseback. In zero

weather the ambitious youth suffered severely, but having developed the

habit of declaiming his lessons, and making speeches to his nag during

these trips, he managed to neutralize the effect of the weather by

vigorous gesticulation and an unsparing exercise of his lungs.

At the Normal young Kern is described by Mr. Morrow as “a brilliant

scholar but not a plodder.” He seemed to absorb the matter of the

textbooks without effort. “In the study of English Grammar he

particularly excelled,” writes Morrow. “He studied language not to get

its dull formulas, but to know how most forcibly and clearly to express

his thoughts.”

It was during his Normal days that Kern determined definitely upon the

study of law.

While Doctor Kern would have defrayed the expenses of his son’s legal

education, the latter was of an independent nature and preferred to pay

his own way. With the view to making the money required for a course of

legal instructions in a university, he took the examination for a

teacher’s license before he was sixteen, and while the examination was

conducted by Rawson Vaile, a graduate of Amherst College and a stickler

for thoroughness, he made a very high grade and was granted a

twenty-four months’ license, which was the highest permissible by the

county examiner. Here enters the pedagogue.

III

The young teacher took charge of his first school at the age of fifteen,

and taught two terms, but in different schools, as he never failed to

observe in later years in an attempt to belittle his professional

ability. His first experience as a teacher was in the home school at

Alto, and in the winter of ’66-7 he taught in what is still popularly

known as “the old Dyar school house,” about three miles east of Alto,

in the country. The John Kern of this period is described by one of the

students as “tall, straight, boyish in appearance, not particular in his

personal appearance, usually having his trousers over a boot strap.”

Those still living who knew the future senator as a country school

teacher take issue with his own estimate of his success. His methods of

instruction were those of an original thinker, and ignoring the hard and

fast rules, he succeeded in creating an interest among the students with

gratifying results. I am indebted to Albert B. Kirkpatrick, one of his

students who was in later years to cross swords with him at the bar, for

some interesting recollections which reflect light on the character of

the youthful pedagogue:

“The school (Dyar) was large for a country school, about sixty,

some boys and girls larger than the teacher. On the playgrounds

Kern was one of the boys, and you would scarcely know from his

conduct that he was a teacher. One day he ordered a large boy to

stand upon the floor and on his refusal Kern told him he could do

that or take a whipping. After school he kept the stubborn rebel,

together with two other boys as witnesses, and proceeded to

administer the castigation which, according to report, was quite

severe. One day a dispute arose as to the ownership of a rabbit

some boy had caught. Kern acted as presiding judge and found that

the boy in possession of the rabbit was not the rightful owner,

and fixed as his punishment the restoration of the rabbit and the

infliction of lashes, which he proceeded to lay on.

“Kern was good in the common school branches, and he especially

delighted to read in McGuffey’s Sixth Reader from Patrick Henry and

other oratorical notables. He was fine in the school house debates

and generally covered about half the school house in his orations,

gesticulating wildly and speaking at the top of his voice.

“He was not methodical in his teaching, but original, and the

students seemed to learn rapidly. They liked him, as a rule,

although he did not then possess those remarkable social qualities

that characterized him in after years.”

The “school house debates” referred to were features of the Dyar school

literary and debating society, which owed its existence to Kern’s

initiative and bore the pretentious name of the Platonian. It was during

the period when the country was torn over the problems of

reconstruction, and these furnished the topics for the debates. The

sixteen-year-old teacher invariably took part, and his chief competitor

was usually Jesse Yager, described as “a solid, substantial citizen of

the community and a man of great ability.” In these discussions Kern

invariably took a positive stand in favor of a liberal policy toward the

white people of the southern states who had returned to their

allegiance, and the carpet bagger usually came in for an unmerciful

scoring. One who often heard him in those days, Jackson Morrow, in

recalling the earnestness and vigor of the boy orator, expresses the

opinion that these speeches “would have reflected credit upon the best

statesmen of the period.” Such views as were held and advocated by the

young school teacher were bold indeed for the time and place. Passions

still ran high, and Howard county was extreme in its republicanism of

the Thad Stevens variety. Strangely enough, the boldness of the

pedagogue in no wise detracted from his personal popularity and served

to enhance his reputation. Many years afterward, when Kern, soon after

his nomination for vice-president, returned to Kokomo to meet his old

friends and neighbors in a great non-partisan reception, Jesse Yager,

his polemic adversary of the Platonian days, then a very old man,

occupied a place on the platform.

It was during the summer of 1866 that the pedagogue, a member of the

“Alto Dramatic Society,” made his first and only appearance “on any

stage” as an actor in “The Demons of the Glass.” Mr. Morrow gives an

interesting description of the occasion.

“The entertainment,” he writes, “was held on a delightful summer evening

in a grove not far from the village of Alto. The stage was built of

rough lumber and lighted by kerosene lamps, but a full moon flooding

the landscape with a mellow light, and the great spreading tops of

centuries-old forest trees gave this primitive stage a beauty and

dignity hard to surpass. The show was free and the people came en masse

from far and near, and when the curtain rose on the entertainment a very

large audience was waiting. Kern was easily the star of the evening. So

realistic was his acting of the husband and father becoming a drunkard

and bringing poverty and ruin on a happy home, that an unpleasant

sadness stole over the audience and a strong temperance lesson was

impressed upon the people present. As a boy John Kern was an

enthusiastic ‘dry.’”

It was toward the close of his last term of teaching that he became an

active member of the Methodist church, the occasion of his conversion

being a revival meeting held at Albright’s chapel. For a time he became

deeply religious, taking his church duties with a seriousness that

attracted attention. This ostentatious spirit of worship soon passed.

During these teaching days, when the young pedagogue was preaching

temperance, damning the radicalism of the Thad Stevens, protesting

against carpetbag government in the southern states, practicing his

embryo eloquence upon debating societies in the woods, and experiencing

a spiritual awakening, he was attracting attention throughout the

community

[Illustration:

JOHN W. KERN

DR. JACOB H. KERN NANCY KERN

At the University of Michigan

KERN’S BIRTHPLACE AS IT APPEARED IN 1908

]

and county as a youth of precocious ability and rare gifts. This did not

affect his natural modesty or his relations with young people of his own

age. The society of Alto and the neighborhood could scarcely be

described as “fashionable,” but its members were genuine and its

friendships real. Writing of his boyish characteristics, Mr. Morrow

says: “His friendship was steady and faithful. I never knew him to cut a

friend as the mood or occasion might suggest. He appeared to always meet

his friend with a smile and a friendly handclasp that impressed one as

real, and he manifested his interest in helpful ways. He had been

trained to know the value of a dollar, taught that it represented real

value and should not be squandered, but if he met a friend in need and

he had a dollar in his pocket that dollar was his friend’s at once. He

had large sympathies and in a sense he was his brother’s keeper. His

general character never changed.”

During these pedagogue days he was giving careful attention to the

selection of a college in which to prepare himself for the law, and his

choice fell on the University of Michigan at Ann Arbor, then the great

school of the west, with Cooley at the head of the lecture corps. He had

not accumulated so much that he did not have to carefully consider the

expense without drawing liberally upon his father, and this he had

determined not to do. The living expenses at Ann Arbor presented an

attractive prospect as well as the faculty, and in September, 1867, he

set out for the university determined to make the most of his

opportunities.

IV

In the latter part of the sixties the university at Ann Arbor ranked

easily as the first educational institution of the middle west. The

faculty of the law department, with Thomas M. Cooley at the head, was in

no wise inferior to that of Harvard and Yale. The student body was drawn

from the entire Mississippi valley and beyond. The town of Ann Arbor at

the time possessed the charm one likes to associate with a college town,

with its pleasant homes, wide lawns, and fine old forest trees lining

the streets. At the time of his matriculation young Kern, student of

law, had not yet reached the age of eighteen, and here he was to spend

two profitable years and receive his degree before reaching his

twentieth birthday. During the two years he was compelled to economize

in every possible way. In the telling of the story of his Ann Arbor days

I am deeply indebted to Jackson Morrow, a boyhood friend, with whom he

corresponded during the period and who has carefully preserved most of

the letters written him by Kern from the university. These rather

suggest a youth possessed of considerable assurance, and limited

experience, inspired by much ambition, and prone to “act up” to the

rôle of the embryo lawyer. In his first letter November 3, 1867, he

describes his impressions of the university.

“I got here early on Saturday morning and proceeded at once to the

university, where I relieved myself of thirty-five dollars, and

received a paper which entitles the bearer to a full course of law

lectures in the University of Michigan. With a light heart and a

materially lightened pocketbook, I then sought a boarding house,

which we found at Mrs. Cramptons, in the east part of the city,

where we now are paying $4.12½ per week, or, as the people here

would term it, four dollars with a shillin’. We have a good

boarding house, good rooms, good fires, good appetites, etc.

“Well, the Monday following I wended my way to the Law building,

where I listened to my first lecture by Hon. Thomas M. Cooley.

Since then I have attended two each day, sometimes delivered by

Cooley, and sometimes by one of the other professors of

law--Campbell, Walker and Pond. The number of students here this

winter is hardly so great as last, owing, no doubt, to the hard

times, as the number of students in all the colleges of the country

has materially decreased since last year. Their general library

here, which is free to all, contains over 30,000 volumes and is the

best place for reading I was ever in.

“I received a letter from Sturgis the other day. He is, as usual,

in all his glory. A short time ago he wrote me giving his views

politically, and, as they did not just suit me, I sat down and gave

the gentleman the benefit of sixteen pages of foolscap containing

some sound old Democratic doctrine which I guess he profited by, as

he has held his peace ever since.”

It will be noted that the Kern, the law student in his teens, was quite

as partisan as in his earlier boyhood, and nothing in these letters to

Morrow is more interesting than the sidelights they throw upon his

political views.

In his next letter, written three weeks later, he describes the method

of instruction in the law department, and gives his correspondent, who

had succeeded him as teacher in the Dyar school, some sound advice as to

handling the obstreperous “scholars.”

“I was glad to learn that you had become teacher in Dist. No. 8,

Taylor township, and wish you the greatest success in your

undertaking. I think before spring you will appreciate some of my

last winter’s trials. The scholars, however, are generally well

disposed and are not naturally vicious. My advice is not to spare

the rod, but crack the whip under their bellies whenever they

deserve it.... I sympathize deeply with every school teacher,

knowing as I do the responsibility resting upon them. I think I

have done my last teaching unless I ignobly fail in the study of

law. I am well pleased with the study so far--as the mode of

instruction here makes very pleasant what would otherwise appear

intricate and difficult. We here not only get a theoretical but a

practical knowledge of the law, for we have club courts, so that

every student may have ample opportunity of displaying his legal

knowledge. I have been an attorney in four cases and have another

in the Indiana Club court next Saturday. Prof. Moses Coit Tyler,

professor of rhetoric and elocution in the literary department,

lectures to us twice a week on elocution. This is a great advantage

to us.... Our little winter that we had some days ago has vanished

and we are now having a delightful Indian summer--warm and smoky.

From all appearances the climate here is not so disagreeable as

that of Indiana in the winter season....”

Two weeks later he had changed his opinion of the charms of a Michigan

winter and was suffering with a cold, which did not prevent him,

however, from giving Morrow the advantage of his eighteen years’

experience in the world on the proper method of maintaining discipline

in a country school. His reference to the girls about Alto and Kokomo

indicates that he was not entirely immune to the charms of the sex.

“The present juncture finds me very unwell, suffering from a

miserably bad cold and a very severe sore throat.... We now are

enjoying (?) the stern realities of a northern winter--chief among

which are overcoats, overshoes, comforters, cold feet, frosted

ears, etc. The ground is covered with snow to the depth of two or

three inches and skating is the chief amusement. They have a

skating park here, and it is thronged every evening.

“I was glad to hear that you and the school were progressing

finely--I would advise you to show a bold front--use the hickory

and beech when needed, and you will succeed, for the students

generally are well disposed.

“You have my very best wishes in the reorganization of the

Platonian. I would like to be with you a while and excrete a ‘few

gas.’ You may tell Mr. Madison Jackson that my days of sleigh

riding are over for the present, but were I in Indiana I should

very much enjoy such a tear as we had that night. You may also tell

Em--that ‘sparking’ is old and has played out, especially sparking

in the rain. When I get home I may do some little of it and she had

better look out....”

In his next letter dated after the first of the year 1868 he refers to

his holiday dissipation at Detroit and at Windsor in Canada, and the

reader will probably smile at the nineteen-year-old globe trotter’s

careful explanation of the location and character of Detroit:

“We have had on the whole a very pleasant vacation--though rather

dull at times--and our lectures commence again to-morrow, and I’m

very glad of it. We have a good sleighing snow now, and as I write

I hear the sleigh bells jingling as merrily as can be. I don’t

indulge in the luxury of sleighing this winter, as it is really a

dear luxury--only $1.50 per hour.

“Well, on the 31st of December, the last day of the old year, I got

aboard the 8 A. M. train east and went down to the metropolis of

Michigan, i. e., Detroit, which is pleasantly situated thirty-eight

miles east of here on the Detroit river. It is a city of about one

hundred thousand inhabitants--and is improving very rapidly....

After we had explored Detroit very thoroughly we went across the

river into Queen Vic’s dominions and landed in a town of about two

or three thousand inhabitants called Windsor--noted as being the

stopping place of C. L. Vallandigham. Canada is a stinking

place--two-thirds of the people in Windsor are Americans of African

descent, while the rest are full-blooded Britishers who in point of

cleanliness are in no way superior to the “cullid” folks. I got

enough of Canada in a short time and recrossed into Uncle Sam’s

domain, took the 4 o’clock train for Ann Arbor, where I arrived at

6, being satisfied to remain there till the 28th March, when I will

make my exit for Alto, the city on the hill....”

The next of the Morrow letters, written in January, 1868, is especially

interesting, in that it discloses the budding politician and slate maker

engaged in the determination of the personnel of the national Democratic

ticket for the campaign of that year. In the upper left-hand corner of

the envelope he had neatly printed his ticket:

FOR PRESIDENT

GEO. H. PENDLETON

FOR VICE PRES.

CHAS. O’CONNOR

OF N. Y.

In this letter he grows enthusiastic over the action of the Indiana

Democracy in nominating Thomas A. Hendricks for governor.

“Since receiving your letter I had a little sick spell, had a

doctor to see me, who very kindly cured me and relieved me of six

shillin’s. We are now having splendid winter weather--just snow

enough to make good sleighing and just cool enough to make one

cooly comfortable without an overcoat. Time is flying by very--very

rapidly. The four and a half months that I have remained here have

glided by so rapidly and so merrily that I can but look back upon

them with surprise and wish that they were here again. I have only

about nine weeks to stay here, when I shall take my departure for

Alto to realize the comforts of sweet, sweet home.... I see that

the Democracy of Indiana have nominated a strong ticket with

Hendricks as standard bearer. I think in the present or coming

campaign we can vanquish the Radicals, defeat their candidate for

governor, place T. A. Hendricks in the gubernatorial chair, send

Dan Voorhees to the senate and Judge Lindsay to congress--restore

the constitution and laws to their proper place, elect George H.

Pendleton president of the United States, and then throw out the

sails and the old ship of state will move on more smoothly than it

has done since the Democratic party surrendered the country to the

Radicals to be worked over.”

Less than three weeks later, February 12, 1868, the young slate maker

had found it well to remove Chas. O’Connor from the national ticket as

a candidate for the vice-presidency and on the envelope of his next

letter we find with Pendleton the name of John P. Stockton of New

Jersey. We are left in doubt as to how O’Connor had lost the support of

the embryo politician or the reasons for the new partiality for

Stockton. In this letter we get an inkling of some of the advantages Ann

Arbor offered to a young man of Kern’s ambitions and tastes. It was

about this time that he had the opportunity of hearing Gough’s lecture

on oratory, of listening to Wendell Phillips lecture on “The Lost Arts”

and of hearing E. P. Whipple. In this letter, too, we have the sole

reference to Kern’s participation in the work of the debating societies.

It is not surprising to find that this uncompromising Democrat should

have joined the “Douglas Society.”

“We are now having splendid weather--good sleighing, fine skating,

nice walking--in fact, everything that nature has anything to do

with is conducive to a fellow’s happiness.

“On Monday night John B. Gough lectured here on ‘Eloquence and

Oratory.’ He is a splendid lecturer and his lecture, which was two

hours and a quarter in length, was a success--all except the last

quarter of an hour, when he exhorted the young men of the

university to use all their eloquence in procuring for the

down-trodden African the election franchise. The applause from the

Rads was vociferous, while from my corner came a little puny hiss.

E. P. Whipple lectures here next Tuesday night, and on Saturday

night Wendell Phillips speaks on ‘The Lost Arts.’

“We have some good literary societies in connection with the Law

Department. I belong to the ‘Douglas.’ On last Saturday night we

discussed the question, ‘Resolved that the reconstruction policy of

congress is unwise and inexpedient.’”

In the debate on the reconstruction policy of congress young Kern led

the debate in opposition to the policy. His attitude toward negro

suffrage at this time was the position of his party, but the opposition

was not wholly confined to Democrats. It was a time when party feeling

ran high. Political discussions were bitter and frequently were followed

by blows. Kern in his teens was a radical Democrat and never mentioned

the Republicans as anything other than Radicals. In later life he was

friendly to the colored race, but fifty years before he had been an

extremist in his position on the proper political status of the negro.

His radicalism was not moderated by the tone of the Republican press and

speakers of the time. Many years later in speaking in the senate he

referred to the time he had heard Zack Chandler, the great Republican

leader of Michigan, making a political address in Ann Arbor, make the

statement:

“Democrats talk a good deal about their rights, I recognize the

fact that they have rights which they are entitled to enjoy, at

least two rights--one a constitutional and the other a divine

right--a constitutional right to be hung and a divine right to be

damned.”

It is not remarkable that with men of age and experience indulging in

language of this character that a nineteen-year-old partisan should have

found it provocative of retaliation.

In his last letter from Ann Arbor, January 1, 1869, we find him

preparing his thesis on “The Dissolution of Agency,” studying hard for

his examinations, seriously considering a location for the display of

his professional prowess, and instructing his friend Morrow as to the

most direct route to Ann Arbor and warning him against the “abominable

thieves” at Grand Trunk Junction--leaving one with the impression that

he may have had an unpleasant encounter with the tribe.

“Your letter was received a few days ago and on this, the first day

of the New Year, I seat myself to answer it. Eighteen hundred and

sixty-nine was ushered in by a snowstorm, which had the effect of

keeping the people off the streets and giving them quite a desolate

appearance. I have been very busy ever since I left Indiana and am

at present putting in all my time writing a thesis on ‘The

Dissolution of Agency,’ which calls into requisition all my legal

knowledge....

“We senior law students don’t have quite so fine a time as we did

last winter. Then all we had to do was to sit and listen to

lectures, but now we are quizzed each morning on the lectures of

the preceding day, and after holidays we will be examined every

afternoon on last winter’s lectures, to wind up with an examination

of five days at the close of the term. Rather a gloomy prospect,

isn’t it?

“I have no particular fears but that I shall get through all right

and come out a veritable LL. B. I have thought considerably in

regard to my future operations and have concluded to go into

business at Tipton, Indiana, for a while at least. It’s rather a

hard town, but as it is young and growing there are hopes for it. I

had intended to locate in Iowa until after the November elections.

That 30,000 majority in favor of negro suffrage staggered me.

“In coming out here you had better start on the afternoon train

from Kokomo, come to Peru, and then to Toledo, buy a ticket for

Grand Trunk Junction, which is three miles from Detroit. There you

will connect with the Michigan Central Road, and will probably be

at Ann Arbor on the 7 P. M. train. Write me the day you start and

the train you start on and I’ll be at the depot. At Grand Trunk

Junction keep a lookout for your watch and pocketbook, for there

are a set of abominable thieves there.

“Ann Arbor is all right, as is the university. Affairs are rather

dull just now owing to the fact that a large proportion of the

students have gone home to spend the holidays. Two of our law

students, in order to pass away the time the other day, engaged in

the luxury of a fight. The result was that one of them was badly

threshed. As they were both Democrats it was a rather unfortunate

affair....”

Fortunately for the biographer, when Kern received his degree and

returned to Howard county, his friend Morrow left Howard for Ann Arbor

and the correspondence was continued for a time. In a letter dated April

4th, 1869, he gives a “short sketch of his meanderings” after leaving

Ann Arbor, returning by way of Toledo and Peru, and finding “Howard

county literally capped with mud.” “Nobody,” he adds, “pretends to

travel with a wagon--such would be impossible. I never saw such a

stretch of muddy country in all my eventful career.” But

“notwithstanding the mud,” he found things “rather lively,” with many of

the young women of the neighborhood calling to inspect the new attorney

in their midst. “I have as yet made no definite arrangements as to

practicing,” he writes. “I am thinking of going in with Milton Bell or

Clark N. Pollard”--this probably being written in a spirit of fun, as

the two men mentioned were prominent members of the bar. In the next

sentences he adds--“If I don’t go in with them I will go into a firm

with John Worth Kern, LL. B.” He was not in the best of health at the

time of his graduation, and he writes Morrow: “My health is no better

than when I left. My cough doesn’t get much better. I have taken a whole

bottle of medicine since I have been here.”

Hardly had he reached his home when his neighbors arranged for a speech

from the neighborhood prodigy, and the young lawyer, having prepared it

with a care becoming the importance of the occasion, went out into the

woods near by, where he was practicing it with much vigor of

gesticulation and expenditure of lung power when a neighborhood girl,

passing the outskirts of the wood on her way to the house “with the two

front doors,” saw him without recognizing either the man or the

occasion. Rushing breathessly into the Kern home, she explained that she

had encountered “a crazy man” in the woods making all sorts of unearthly

noises.

“Oh, he’s not crazy,” said Sally Kern smiling, “that’s only John

practicing his speech.”

A little later the shingle of “John W. Kern--Attorney at Law” was hung

at Kokomo.

The life of John Worth Kern · 第 1 / 21 章