The Washington herald., 1911-01-08
By JAMES b. MORROW.

A cannon was on a bluff. half a
mile away from the banks of the
Cumberland. 1t was trained upon a
wagon in the middle Of the river.
John Marshall Harlan, now associate
justice of the United States Supreme
Court, then colonel of the Tenth Ken
lucky Infantry. was in command of the
gun. He was a long-legged. blue-eyed.
big -nosed, and distinguished looking man
even then. In the water, on horseback.
just behind the wagon. rode Horace Har-
mon Lurton. private in the Third Ken
justice in the United States Supreme
Court. His eyes were gray and his chin
was almost as wide as his head.
The Tenth Infantry was Federal. The
Third Cavalry was Confederate. Col.
Harlan was trying hard to hit Trooper
Lurton with a cannon ball. The shells
splaShed so near that the drivers cut the
tugs and fled with their mules, leaving
the wagon in the water. Private Lur-
ton, rear guardsman. followed as quickly
as he could.
So began, at long range, the peculiar
acquaintance of two great kentuckians.
Forty-seven years after Harlan attempt
ed to kill Lurton with a cannon ball,
they sat in black robes. also in friend
ship and forgetfulneSS, on the bench OF
the nations highest court.
In Frankfort. one Sunday morning.
James Harlan and his son, John Marshall
Harlan, We're on their way to church.
Fifty negro men and boys, chained in
pairs at the wrists, came shuffiing down
the street. Sold away from their
wives and mothers, they were bound for
the river. where they were to be shipped
to the cotton fields Of the South. An
armed slave driver marched in front
James Harlan halted. When the slave
driver came abreast, James Harlan walk
ed into the street. He was a tall man
like his son, ahd could look very fierce.
Sticking 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 Presbyterian
elder. ''That was the only time" he
said. when telling me Of the incident,
Il ever heard my father swear The
emphasis nc gave to his fathers remarks
seemed to indicate that profanity. in
his opinion. was eXcuSable and even the
illogical. usder the circumstances.
Harlan Was a Union Man.
Generically. therefore, John Marshall
Harlan was Union man. He raised
the Tenth Kentucky Infantry and be-
came colonel Of the regiment, although
he was 2 lawyer and not a soldier by
profession. Shooting at Lurton, there
fore. was a praiseworthy performance.
The elder Lurton was Lycurgus L.,
physician. Whep the war broke out he
put his family into a carriage and
started South. He had lived at New
port, in Kentucky. on the Ohio River.
81, "a
Harmon, his son, was born. From New
port, the Lurtons moved to Louisville
and thence to ClarkSville, in Northern
Tennessee.
II wanted to enter the army. the Con-
federate army" MIR. Justice Lurton said
to me, putting considerable stress on the
word Confederate, but my father
stopped me temporarily by his vigorous
opposition. He thought 1 was only a
small boy, but l was seventeen years
Did and had begun going with the girls.
When l received a hoopskirt or two.
gentle hints from somebody that my
duty was at the front, / felt that 1
should be disgraced forever if 1 didn't
fight While We were in a carriage on
our way toward the Confederate lines,
during the fall of 1861. We came upon a
body of soldiers. and so 1 jumped out
Efforts We're made to get me back, but
remained where 1 was and Joined the
Fifth Tennessee Infantry as a private
Late in January, 1862, I was sent home
sick. Gen. Grant started to invest Fort
Donelson on February T. Fort Donelson
was in the county west Of Clarksville. |
where my parents lived. 1 thought that
Gems. Floyd, Pillow, and Buckner, who |
were in command of the Confederate |
forces, would whip Grant, and end the |
war on the spot. There was to be a big |
battle, I felt sure, and my place was in
the ranks with a musket. I was not en- !