Professor Norman D. Brown: A Grad Student's Appreciation after Four Decades

DR. NORMAN D. BROWN: A GRAD STUDENT’S APPRECIATION AFTER FOUR DECADES

Norman D. Brown (1936-2015; Ph.D., history, UNC; Professor of History in the Department of History, University of Texas at Austin for 48 years) was my mentor as a graduate student in the History Department of the University of Texas at Austin from 1973 to 1975. While I then moved on to the University’s law school, without finishing my M.A. thesis, I stayed in touch with Norman. He inspired me to continue to pursue history . . . and to complete my thesis, which I did, finally, in 1986, on the topic of Governor Dan Moody’s legislative program in the late twenties, which figures into the story his final scholarship tells.

During my time in the History Department, I saw Norman from two vantage points. First, I graded papers for his "Old South" and "New South" classes. Norman was an exemplary teacher of undergraduates, low key, well organized, and plain spoken. I recall students saying, “He makes it so easy to take notes!” He required them to write papers and to answer essay questions in exams so as to demonstrate that s/he had read the material, had listened to his lectures, and could logically put facts together with broad themes—a valuable skill for their lifetimes.

Second, in a graduate seminar, “Texas in the 1920s and 1930s,” I learned from him the fundamental role of archival research in the historical enterprise. Norman wanted us to dig, as deeply as we could in a semester, into the raw, source materials from which to build and argue claims about topics such as the “Red River Bridge War” between Texas and Oklahoma in 1931, the non-sequential and corrupt administrations of Governor Miriam A. Ferguson, and, for me, Governor Moody. Two of his insistent points were: first, that the archival correspondence of relevant actors furnishes insights about what was really happening; and, second that political history requires also pertinent social, cultural, economic, and other considerations. At semester’s end, Norman presided over the students’ critiquing of each other’s work; his probings fostered the most rewarding historical dialogs in which I’ve ever participated.
  
Norman was not the only excellent professor I encountered in the History Department of the University of Texas at Austin. But he was my mentor during key years of my life, and, while I did not become a professional historian, his splendid teaching undergirded my four decades of law practice and today inspires me in retirement as I try to pick up with history where I left off in 1975.

"We do not have Obama judges or Trump judges, Bush judges or Clinton judges...."


I understand that many of the words issued daily by 45 are bluster; but I am, I acknowledge, troubled by 45's attack today on the judiciary of the nation, specifically the Ninth Circuit Court of Appeals. And I am heartened that John Roberts leapt to defend that Court of Appeals and all federal jurists, stating: "We do not have Obama judges or Trump judges, Bush judges or Clinton judges. What we have is an extraordinary group of dedicated judges doing their level best to do equal right to those appearing before them." He added, on Thanksgiving Eve, that an "independent judiciary is something we should all be thankful for." I wholeheartedly agree.

What most Americans may not know is that John Roberts is not "Chief Justice of the Supreme Court." Rather he is "CHIEF JUSTICE OF THE UNITED STATES." My first published article (1983 - and I believe I was the first to really write about this, thanks to a great law librarian who was at UT Law School back then, Bob Bering, who posed it to me as a question: "Warren Burger is not Chief Justice of the Supreme Court. Explain.") covers this topic, and, long story short, it was 150 years ago that Congress established the title of the office as "Chief Justice of the United States." (My article appears at page 109 of the 1983 issue of the Supreme Court Historical Society's Yearbook at page 109:  http://supremecourthistory.org/assets/pub_journal_1983.pdf.)

The Chief Justice of the United States not only presides over the other eight justices of the U.S. Supreme Court; he is the administrative and functional head of the entire federal judiciary, including the Supreme Court, all Courts of Appeals, all District Courts, all Bankruptcy Judges, and all Magistrate Judges.

As I concluded in 1983--and nothing has changed just because 45 was elected in 2016--the "title [of this office, "Chief Justice of the United States"] accurately signifies its dignity and importance." The "independence of the Judicial Branch" (about which I has spoken) is absolutely essential to our republican form of government as guaranteed by our Constitution.

So when John Roberts rebukes 45, pay attention: it is a big deal. 45 has improperly stepped over a line here.


Happy Thanksgiving everybody....

Thanksgiving is a key national holiday and important moment in the year for all Americans to give thanks….a 2003 article explores the largely unknown history:
"MOST AMERICANS KNOW the story of the First Thanksgiving. The Pilgrims, who had been persecuted in England and were unhappy in Holland, sailed to the New World and established a colony in Plymouth, Massachusetts. With the assistance of local Native Americans, the Pilgrims hunted turkeys and planted corn. When their crops were harvested, they celebrated the First Thanksgiving, and Americans have been commemorating the day ever since. . . . While this may be the common understanding today, no one would be more surprised at these modern-day beliefs than the Pilgrims themselves. . . ."
Andrew F. Smith, The First Thanksgiving, 3 Gastronomica no. 3 at 79 (2003).
In this excellent article, the author shows that the Puritans had numerous days of thanksgiving and did not remember any special "First" one. The reason we have Thanksgiving today is because Sarah Josepha Hale devoted an entire chapter to a "thanksgiving feast" in her 1827 novel, Northwood: or a Tale of New England. She wrote:
"The roasted turkey took precedence on this occasion, being placed at the head of the table; and well did it become its lordly station, sending forth the rich odour of its savoury stuffing, and finely covered with the froth of the basting. At the foot of the board a sirloin of beef, flanked on either side by a leg of pork and loin of mutton, seemed placed as a bastion to defend innumerable bowls of gravy and plates of vegetables disposed in that quarter. A goose and pair of ducklings occupied side stations on the table, the middle being graced, as it always is on such occasions, by that rich burgomaster of the provisions, called a chicken pie. This pic, which is wholly formed of the choicest parts of fowls, enriched and seasoned with a profusion of butter and pepper, and covered with an excellent puff paste, is, like the celebrated pumpkin pie, an indispensable part of a good and true Yankee Thanksgiving; the size of the pie usually denoting the gratitude of the party who prepares the feast. . . . Plates of pickles, preserves, and butter, and all the necessaries for increasing the seasoning of the viands to the demand of each palate, filled the interstices on the table, leaving hardly sufficient room for the plates of the company, a wine glass and two tumblers for each, with a slice of wheat bread lying on one of the inverted tumblers. A side table was literally loaded with the preparations for the second course, placed there to obviate the necessity of leaving the apartment during the repast. Mr. Romelee keeping no domestic, the family were to wait on themselves, or each other. There was a huge plum pudding, custards and pies of every name and description ever known in Yankee land; yet the pumpkin pie occupied the most distinguished niche. There were also several kinds of rich cake, and a variety of sweetmeats and fruits. On the sideboard was ranged a goodly number of decanters and bottles; the former filled with currant wine, and the latter with excellent cider and ginger beer —a beverage Mrs. Romelee prided herself on preparing in perfection. There were no foreign wines or ardent spirits, Squire Romelee being a consistent moralist."
That sounds familiar 180 years later, doesn’t it!
After Hale became editor of the Godey's Lady Book magazine, in 1846, she launched a campaign lobbying Congress to create a Thanksgiving as a national holiday. Once the Civil War began, she urged President Lincoln directly. And after the Union victories at Vicksburg and Gettysburg in 1863, Lincoln declared the third Thursday of November to be the national Thanksgiving Day.
But not until 1865 did Hale associate the Pilgrims with Thanksgiving, and when she did so, many writers of fiction picked up that notion and ran with it. Andrew Smith then tells the rest of the story:
"The reasons for the rapid adoption of the First Thanksgiving myth had less to do with historical fact and more with the arrival of hundreds of thousands of immigrants to the United States. Previous immigrants had come mainly from the United Kingdom and Ireland, with a smattering from other western and northern European nations. In the 1880s this immigration pattern changed as southern and eastern Europeans flooded into the United States. The pace of immigration exploded in 1990, when nine million people arrived in American cities. As these immigrants came from many lands, the American public-education system's major task was to create a common American heritage, an easily understood history of America. The mythical Pilgrims were an ideal symbol for America's beginning, and so they became embedded in the nation's schools, as did their mythical First Thanksgiving feast.
"The Pilgrims and their proverbial First Thanksgiving are origin myths, tracing America to its beginnings. That Jamestown has a better historical claim is complicated by the fact that American slavery began at Jamestown, which made it unacceptable as the starting point for the nation. Since the origin myths did not become prominent until after the Civil War, the South was in no position to challenge the primacy of the mythical Pilgrims idealized by New Englanders. As a result, many southerners refused to celebrate Thanksgiving Day until long after the Civil War had ended.
"Although historians have long since debunked the myths surrounding the Pilgrims and the First Thanksgiving, illustrators, filmmakers, and television producers continue to generate new Thanksgiving images, and immigrant groups add new ingredients to the Thanksgiving table. Advocates for the poor and homeless gain visibility by serving dinner to the needy on Thanksgiving Day. Meanwhile, Native Americans have proclaimed Thanksgiving a national day of mourning, and vegetarians campaign against the consumption of turkey and other meats at Thanksgiving dinner. Yet despite these strong and varied responses, the First Thanksgiving myth has not faded, for it remains a basic building block of America's national identity."
Enjoy Thanksgiving with family and friends! 

-Josiah