The National tribune. [volume] (Washington, D.C.) 1877-1917, 1898-12-15
Hon. JOHN n. HARLAN,
The Senior Member of the
Supreme Court Of the United
States,

preme Court oil the Uniteu StatcS. Soi.
AS his old army friends, and those VIII
remember his services for the Union low
to call him John Marshall Harlan is
spleniid type of that true nobleman c
nature. a kentucky gentleman. OF tall
commanding presence, frank, genial ant
hearty in manner, with abilities of tn
highest order. and courage and integrit.
TO match them he has been notable
Fl -u-e i'm our public life since his yer.
boyheod, and filed many spheres OF use
fulnesS with great credit.
He comes from one of the old NhiI
families Of Kentucky, around which tht
best traditions OF the State gatheT-tta
slitions of craftsmanship, OF pohilca
leadership, of eminence at the bar, spot
}eSsness III official trusts, and galIantry
in wartime. His father was Hon James
Harlan, one OF the warm admirers and
lieutenants of Henry Clay, Representa-
Secretary Of State and Attorney-General
of Kentucky.
In 1892, when affairs in Kentucky were
in Il very critical condition, he accepted,
at the special request of President Lin
coin, the office of United States Attorney
for Kentucky, and held that position till
his death.
John NJ Harlan was born in Boyle
County, Ky.,-in the central part OF
the State.-June 1 1888: graduated from
benefit OF tuition from two of Kentucky
greatest Chief Justices-Robertson and
Marshall-and was admitted to the bar IN
1853
His entry into public life dates even
earlier, for in 1851 when he was but IL,
Gov. Helm appointed him Adiutant- Gen
eraI of Kentucky He was associated
with his father in practice until 1897,
when he was elected Judge OF the Frank
lin County Court The next year he was
taf- Inv no
available candidate to carry the ton
gressional District which had been repre-
scented by John C.. Breckenridge and Jas
3. Clay. and came within 67 votes OF Beng
elected In 1860 he was an Elector on the
Bell and Everett ticket, and 1861 trans
ferred his law Office to- Louisville hen-
lucky was then seething with the aglta-
tion of the impending war.
Judge Harlan had been from the first an
uncompromi ing, unconditional Union
man, and he threw all his weight and
4 1uence on that side. He did not step
with words and counseh, but lmmeol
ately set about raising a regiment from
among his friends and neiehbors. TINS
became the 10Th Ky, one OF the pest IN
the Army OF the Cumberland, and which
lost ~ men killed in battle, and 149 from
other causes. He was its Colonel and
commanded il until promoted to that OF a
bri~ade.
The death Of his father, in 1868, com
tire from the army, TO take charge OF the
paternal estate. Gen Thomas had just
recommended his promotion To BIlgadier-
General and the nomination was penang
before the Senate. In tenderlng MS
resignation he wrote an ardently -patrlotc
letter, regretting much that he was com
PEELED to take the step, and would not
have done so even at the Sacrlncc OF MS
private interests, but that he felt sure the
work would be carried on TO ultimate
- |. In. in ftna no
He WAS at once unanimously nominated
by the Unionists of Kentucky Tor At
torney General, and elected. When the
Republican party was formally organized
in Kentucky be became one OF Its leaders,
and i'm 1871, solely from a sense OF duty to
his party, he made the hopeless race for
Governor of Kentucky, and received an
unusually large vote. He did this again
in 1875. He was Chairman OF the Ken
lucky delegs ton al the National Con
vention which nornina ted Gen. H. 81
HAYES for the Presidency. President
Hayes offered him first-class mission,
which he declined, and then appointed
him on the Louisiana Commission. Nov
20, 1877, he nominated him for Associate
Justice OF the Supreme Court. He was
but IA years old when he took his seat,
and in the history Of the Court there have
been but seven younger JUST
Jnxtise Harlan entered upen his duties
with tss highest ideal as to tsaelr exalted
l13OFtLEre 10 tES country, btflb Oh
his eaeKclss to the atts inH.ent OF the
highest Plano Of judicial seterHInatlen.
Ia the oBiaisa Of the legal Prei&sslen he
has been very successful, and his repu-
tatiea has grswH with each year thSt he
has sat upoa the bench. He is fRee-
fatigahie In the study Of the cases coming
before the Supreme Court, ard in the
preparation of his eEirions. BIS style If
expre.sioa is lucid ard foreisie, and kis
conclusions iEreccshE logical. hatur-
tione, hIs NINE turns nsest FSs1liy 70 the
theory and fundeEe a tai principles OF our
G,serRxaeat, and IN the discussion OF
these he is without a superior. In this
he is the sta tesrlan as wen as the IuTlst.
IL is for this reason, possibly, that he has
had an unusual mum Der OF eases invelv-
ing grave Constitutional questions. he
has asserted strongly that the UHitsa
States, and the several States, have pow
ers of protecting their citizens against
corporations, r1onopslfes, etc, which they
cannot diVest themselves OF 10y any grant,
contract, franchise, or other means.
II would be impossible in the limits OF
such an article as this 10 give the barest
outlines OF the many notable opinions
which Justice Harlan has delivered
either as the spokesman for the whole
Court, or in dissenting from the judgment
Of the majority, in the II years he has sat
upon the Supreme Bench. Their bare
enumeration makes a long list, and they
tOi HI a HlcSl iifpoitdiii pdit vi lBt ludiIloi
history OF the country at a time when the
great questions raised by the war had t.
be determined, and others equally grave
raised by the development of new in
terests and relations.
One Of his most notable dissenting de-
cisions was that in Louisiana V. Jumel,
1e7 u. s. Ill, IN which he concluded:
That to refuse relief because Of the
command Of a State Ia it's officers to do
that which is forbidden and refrain from
doing that which is enjoined by the
supreme law Of the land or To give effect,
for any purpose, in the courts Of the
Union, TO orders Of the supreme, political
power of the State, made iii defiance Of
the Cons titution Of the United States, is,
practically, to announce that, so far as
judicial action is concerned, State may,
by multiplying provisions in its funda-
mental law, destroy rights OF contract the
obligation OF which the Constitution de-
claTes shall not be impaired by any State
law. To such a doctrine can never give
my assent"
The opinion I'm its discussion of the
the United States has been pronounced
by competent authority unsurpassed by
any OF the Constitutional Celiyerances of
the Supreme Court since the days OF
Marshall"
The dissenting opinion of Mr.. Justice
Harlan, however, which is best known,
and deservedly so, is that delivered by
him in the Civil Rights Cases, 100 u. S. 8.
The question in those cases was the
validity OF the first two sections Of the