Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-10-14
NEOlNSTG

ALL HARLAN.
the Supreme Court.
and the south, and history relates how
dlncuit was 1t for the state to make its
decision for or against the Union, when
its sympathies were seemingly SO evenly
divided. John Marshall Harlan received
his fathers sword and heard his mothers
command to use IT either for the north
or the south, though she urged that he
espouse the flag for which his father
fought. x
But 1t required no persuasion to in
crease the ardor of his support of the ma
t'onal government. His lofty patriotism
and avowed purpose to do everything in
his power to preserve the Union Induced
him to enter the military service as
colonel Of the 10th Kentucky Infantry,
which was placed in the division COM
manded by Gen. George H. Thomas. Col
Harlan remained In active duty in the
field until the death OF his father. Feb
| ruary 49, 1863. when he resigned and re-
turned home with the rank Of brigad er
general. The same year he was made
until 1867.
Twice Nominated for Governor. .
Following his term as attorney general
OF Kentucky he returned to the active
practice Of law in Louisville, and by his
work in the political field he attained a
prominent and influential position in the
republican party, so much SO that he was
unanimously nominated for governor. and
became the standard-bearer of his party. 5
He was defeated, nut so wide was the
effect of his campaign that he materially
reduced the majority, Of the opposition.
His name was presented to the. national
republican convention in 1872 for the
Office Of Vice President, and once more.
in 1876, he was the nominee of his party
for Governor of Kentucky. He again
went down to defeat, though his vigorous
vote
Caused Nomination of Hayes.
He headed the Kentucky delegation to
the republican national convention in
1875. That was the turning point in
Harlan's career. for at an opportune
moment he, switched his delegation from
Bristow- to Hayes, causing the latter
nomination and election. to the presi-
dency. President Hayes placed the Ken
tuckian upon the Supreme bench, where
he passed the remaining years OF his
life. But before his final Judgment there
Harlan had rendered further service to
his party as a member OF the famous
Louisiana commission, which dealt with
the presidential contest between Hayes
and ridden.
Prior to his elevation to the Supreme
bench Harlan had declined an offer of
a foreign mission under the Hayes adj
ministration, preferring not to hold any
office not connected with his profession.
Appointment to Supreme Court.
Justice Harlan was forty four years Of
age when appointed to the Supreme
Court. and in the history Of the court
only seven other Justices were appointed
at SO early an age. Jay and Mclean
were of the same age: Curtis. Campbell
and Todd. forty-two: Iredell thirty-nine;
Bushrod Washington, thirty-six; William
Johnson. thirty-three. and Story, thirty
two
Justice Harlan was in the prime Of
mental and physical manhood at the
time of his elevation to the Supreme
bench. He was commissioned member
of the court November 20, 1877, and took
his seat December 10 of the same year.
His training and success at the bar
eminently fitted him for the high posi-
ton. He bent all of his energies to
the work. with the result that his
judicial reputation grew steadily. He
was a careful student of the science Of
government and the history and growth
of free institutions. His writings ever
displayed force and strength Of style.
and great accuracy in the use of words.
Justice Harlan was often acclaimed
the greatest constitutional authority OF
his day. 1t was the late Associate JUS
ttce Brewer who said OF him: Il be-
lfeve he retires at night with one hand
on the Constitution and the other on
the Bible. safe and happy in perfect
faith in justice and Righteousness"
Many anecdotes were told of Justice
Harlan, illustrative OF his kindness or
heart and astuteness OF intellect, with a
| strange mixture Of observation-disclosures
Opinions in Civil Rights Cases.
| His dissenting opinions on the civil
| rights cases were notable expressions OF
his views. his position being that 1.-THE
deprivation Of the rights Involved was an
incident Of slavery. and that power was
given to Congress under the thirteenth
amendment to the Constitution by appro.
pirate legislation to secure all citizens
| against such deprivation on account OF the
previous condition of servitude." He further
| declared that 1.-THE second and third claus.
| es Of the fourteenth amendment We're. tr
form. prohibitory against actions by the
| state which might operate as denial oil
equal right immunities and privileges te
any citizens Of the United States. Yet
the first class did not refer solely tC
action by the states, but directly secured
| such rights to black citizens and thu
empowered Congress to pass laws acting
directly upon and in favor OF such
Icitizens."
/ Being ardently in favor OF freedom ant
free institutions, Mr.. Justice Harlan al
ways aimed, in deciding questions OF pr
vate right. to remove obstacles which
stood in the way of the administration O.
justice.
| Dissenting Opinions Noted.
On constitutional questions he adhered
to the opinions OF the distinguished Chic
Justice Marshall In support OF nationa
authority. some Of his most vigorous
opinions having been dissents from tn,
majority Of the court on the thirteenth
1 fourteenth and fifteenth amendments t,
the Constitution. Justice Harlan's opin
ions always were delivered with grea
force.
AS q matter Of fact, Justice Harlan hal