The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1911-02-25
WHEN FUTURE JUSTICES
MET IN THE CIVIL WAR

James B, Morrow tells the story in the
New York Tribune, the weapon used
by young Harlan was nothing less than
q cannon, and at the first shot young
Lurton made for a place of safety at
full speed. Both we're Kentuckians,
Harlan a colonel in the Union army,
and Lurton a Confederate trooper. AS
Mr., Morrow tells t.;
A cannon was on a blum, half a mile
away from the banks of the Cumber.
land. II was trained upon wagon in
the middle of the river.
John Marshall Harlan, now associate
justice of the United States Supreme
Court, then colonel Of the 10th Ken.
lucky Infantry, was in command of
the gun. He was long-legged, blue
eyed, big-nosed, and distinguished.
looking man even then.
In the water, on horseback, Just be.
hind the wagon, rode Horace Harmon
Lurton, private in the Sd Kentucky
Cavalry now also an associate Justice
Iof the United States Supreme Court.
His eyes were gray and his chin was
almost as wide as his head
The 10th Infantry was Federal. The
Sd Cavalry was Confederate Colonel
Harlan was trying to hit Trooper Luz.
ton with cannon ball. The shells
splashed so near that the drivers cut
the tugs and fed with their mules,
leaving the wagon in the water. Pri-
vate Lurton, rear guardsman, followed
as quickly as he could.
So began, at long range, the pecul.
lar acquaintance of two great KentucK.
fans. Forty-seven years after Harlan
attempted to kill Lurton with cannon
ball they sat in black robes, also in
friendship and forgetfulness, on the
bench of the nations highest court.
In Frankfort, one Sunday morning,
James Harlan and his son, John Mar
shall Harlan, were on their way TO
church, Fifty negro men and boys,
chained in pairs at the wrists came
shutting down the street. Sold away
from their wives and mothers, they
were to be shipped to the cotton fields
Of the South. An armed slave-driver
marched in front. James Harlan halt
ed. When the slave-driver came
abreast James Harlan walked into the
street He was tall man, like his
son, and could look very fierce. Stick.
, ing his index finger almost into the
face of the slave-driver, he roared
you are a damned scoundrel! Good
morning, SIR"
Whereupon the Harlans went to
church. Judge Harlan is a Presbyter'
Ian elder. THAT was the only time,
he said when telling me of the Incl
dent, 81 ever heard my father swear
The emphasis he gave to his fathers
remarks seemed to indicate that pro
family. in his opinion, was excusable
and even theological, under the circum
stances.
Generically, therefore, John May
shall Harlan was Union man. Hc
raised the 10th Kentucky Infantry ant
became colonel Of the regiment al
though he was a lawyer and not a sol
der by profession. Shooting at Lur
ton, therefore, was a praiseworthy per
Torrance.
The elder Lurton was Lycurgus L.
a physician. When the war broke GU
he put his family into carriage ant
started South. He had lived at New
port, on the Ohio River, not far iron
Cincinnati. There Horace Harmon
his son, was born. From Newport tn
Lurtons moved to Louisville, ant
thence to Clarksville, in Northern Ten
nessee.
II wanted to enter the army, tn
Confederate army" Mr. Justice Luz
ton said to me, putting considerable
stress on the word Confederate, " bu
my father stopped me temporarily b.
his vigorous opposition. He thought
was only a small boy, but / was seV
, GHiGOh ytdlo Olu anu udu DtBuu bOih
with the girls. When ! received
hoopskirt or two, gentle hints fror
somebody that my duty was at tn
front, felt that / should be disgrace
forever If didn't fight. While we wer
in a carriage on our way toward tn
Confederate lines, during the fall G
1861, we came upon body of soldier
and so jumped out. Efforts wer
= made to get me back, but l rename
where was and Joined the Fifth Ter
nessee Infantry as a private.
Late in January, 1862. was sen
home sick. General Grant started 1
invest Fort Donelson on February II
Fort Donelson was in the county ives
of GAINESVILLE, where my parents lived
I though that GpnaraIs Flovd pi1loU