Kentucky has not been wanting in distinguished sons who have honored the State by attaining to the Supreme Court of the United States. The list of those who have thus served is as follows: John McLean, John Catron, John McKinley, Samuel F. Miller, Thomas Todd, Robert Trimble and John M. Harlan. Of these Justice Miller was at first a physician but subsequently studied law and was appointed to the Supreme bench by Mr. Lincoln in 1862 and attained high distinction as a just and learned jurist.

The senior Justice of that high tribunal, at this time, both in age and years of service, is Justice John M. Harlan who has thirty-four useful years on the Supreme bench to his credit. No apology is due for the extended sketch of the man and his service which follows:

John Marshall Harlan was born in what is now Boyle county, Kentucky, June 1, 1833. Before the Revolution, two Harlan brothersJames and Silas-living in Chester county, Pennsylvania, changed their residence to what is now Berkley county, West Virginia. A descendant of one was James Harlan (the grandfather of John Marshall Harlan) who with his brother Silas and about thirty other young men, all living on or near the headwaters of the Potomac and Monongahela rivers in Berkley county, conceived the idea of settling in Kentucky, then a wilderness inhabited by Indians. They went down the Ohio river in small boats,

arriving in Kentucky in 1774, two years before the adoption of the Declaration of Independence. James and Silas settled on Clark's run of Salt river, about seven miles from where Harrodsburg now stands. James Harlan (the second), the father of John, was born and reared there, as were all his children. He represented the Boyle District in Congress, 18351839. In the latter year, he removed with his family from his farm in Boyle county to Harrodsburg to practice law. In 1840, he was requested by Governor Letcher to become Secretary of State; he accepted the position, and changed his residence to Frankfort, the capital, when John was in his seventh year. Here the boy attended the celebrated private school of B. B. Sayre until he was fifteen. While in that school there arose one of those peculiar situations which so vitally affect the destinies of men. Sayre, the teacher, earnestly besought the father of this lad to have him trained for mercantile pursuits, urging that three of John's brothers were lawyers, and that was quite enough for one family. Now James Harlan was a Whig; he had steadily opposed the theories and policies of the Democratic party as founded by Jefferson and the principles of constitutional law maintained by him. He was a devoted follower and the confidential friend and admirer of Clay; was a great admirer of Webster, whose views as to the nature of the National and State governments were in entire accord with his own.

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struggle was on. Harlan was for the Union "at all hazards." During May, June, July and August, 1861, he made speeches in every part of Louisville, earnestly urging the people to stand by the Union, and warning them against the dangers of every kind which would beset Kentucky if her people took sides against the Union and induced the State Government to support the cause of Secession. At his side, during all that time, stood James Speed, the Attorney-General of Lincoln. No two men did more than Speed and Harlan to prevent political managers in Kentucky from carrying that state into the Southern Confederacy. Kentucky was a doubtful state, and it is not too much to say that had Harlan and Speed exerted the same influence to take Kentucky out of the Union which they exerted to keep her in the Union, the verdict and judgment of the Civil war might have gone the other way. As an evidence of his zeal, in July, 1861, Harlan accepted the appointment of captain of a company of Union Home Guards. It was well known as the Crittenden Union Zouaves. In the fall of 1861 he established a camp at Lebanon, Kentucky, raised and organized the 10th Kentucky Infantry and became its colonel. His regiment became a part of the original division of Gen. George H. Thomas. In 1863, President Lincoln sent Harlan's name to the senate as brigadier general; but, on his own request to Senator Crittenden, based on his purpose to return to civil life on account of the death of his father, his nomination was not acted upon.

In 1863 the Hon. James Harlan, who had been twice elected Attorney General of the state, suddenly died, leaving a large practice, representing considerable money to clients and to his family. He left no other estate, and as upon its proper management much depended, Col. Harlan returned to civil life to take charge of his father's affairs. Major General Rosecrans, commanding the Army Corps to which Col. Harlan's regiment then belonged, advised

him to do this, and his resignation was accepted with much regret by his superior officers. His letter of resignation, addressed to Brigadier-General James A. Garfield, then on the staff of General Rosecrans, is self-explanatory and speaks the real purpose of this man's life. In all the debates and state documents of history, there is none clearer in its language or stronger in its terms. There is no marvel that this man with these sentiments in his soul in later years became a great judge. It reads:

"I deeply regret that I am compelled, at this time, to return to civil life. It was my fixed purpose to remain in the Federal army until it had effectually suppressed the existing armed rebellion, and restored the authority of the National Government over every part of the Nation. No ordinary consideration would have induced me to depart from this purpose. Even the private interests to which I have alluded would be regarded as nothing, in my estimation, if I felt that my continuance in or retirement from the service would, to any material extent, affect the great struggle through which the country is now passing.

"If, therefore, I am permitted to retire from the army, I beg the Commanding General to feel assured that it is from no want of confidence either in the justice or ultimate triumph of the Union cause. That cause will always have the warmest sympathies of my heart, for there are no conditions upon which I will consent to a dissolution of the Union. Nor are there any concessions, consistent with a republican form of government, which I am not prepared to make in order to maintain and perpetuate that Union."

Col. Harlan returned to Kentucky immediately. Although still under thirty, the Union party of that state would not hear a refusal that he should go upon its ticket as the candidate for Attorney General of the state. He was elected and discharged his official duties at Frankfort in connection with the continuation of the practice left by his father and that

which he also acquired. At the conclusion of his term in the fall of 1867, he returned to Louisville and resumed the practice of his profession. In 1868, he identified himself with the Republican party and voted for Grant and Colfax. In 1871, the Republican party called him as its candidate for Governor, and he made a thorough canvass of the state. In 1875, his party again called him as its candidate for Governor. He was prevailed upon to yield and again canvassed the state. During the campaigns of 1871 and 1875, he spoke in every county in the state except one. He was unsuccessful in both contests, as the majority of voters were Democrats. No one had before No one had before received as many votes as he did (nearly 90,ooo) and been defeated.

In 1876, the Republican State Convention recommended Harlan for the Vice-presidency. He was chairman of the Kentucky Delegation in the National Republican Convention of 1876, which nominated Hayes. In 1877, while the Hayes-Tilden controversy was pending at Washington, Hayes determined that, if declared elected, he would appoint Harlan his AttorneyGeneral. But when Hayes arrived in Washington to take the oath of office as President, political complications of a peculiar character arose which compelled him to forego this determination. In the summer of 1877, President Hayes appointed Harlan a member of what is known as the Louisiana Commission, which was charged with settling certain disputes that threatened to disturb the peace of that state. The work of the commission-composed of Hon. Charles B. Lawrence, Hon. Joseph R. Hawley, Hon. John C. Brown, Hon. Wayne MacVeagh and Col. Harlan-accomplished great good for the country. About this time President Hayes offered to Colonel Harlan any mission abroad which he might select. In the fall of 1877, President Hayes tendered to Colonel Harlan the office he now holds. It was not known to him that any one had presented, or would present, his name to the President.

His ambitions had not been towards the judicial life. But he accepted, was confirmed, and was installed as Associate Justice of the Supreme Court of the United States on December 10, 1877.

For nearly thirty-four years he has devoted himself to the discharge of his judicial duties. He is the only survivor of those who were members of the court when he joined it-Chief Justice Waite, Justices Clifford, Swayne, Miller, Field, Strong, Bradley, Hunt, Woods. And he has survived many who were appointed after him-Chief Justice Fuller, Justices Matthews, Gray, Blatchford, Lamar, Brewer, Jackson, Peckham. Three other members also appointed after him-Shiras, Brown and Moody-are now in private life.

His term exceeds in number of years that of any member of the court since its organization, except Marshall, who served 34 years, 5 months and 5 days; Story, who served 33 years, 9 months and 22 days; and Field, who served 34 years, 6 months and 10 days. If Harlan should remain on the bench until June 11, 1912, he will have served longer than any other member of the Supreme Court in all its history. On June 1, 1911, he will be 78 years of age; he is now discharging his judicial duties with great vigor and without any sign of failing health. His opinions of today are equal to any he has ever written. The reports, commencing with 95 U. S., contain more than one thousand opinions written by him, in nearly seven hundred and fifty of which he spoke for the court. The remainder were concurring and dissenting opinions. He has written more opinions in cases involving questions of constitutional law than any other American judge. He has also written more dissenting opinions than any other Justice, and is often referred to as the Great Dissenter. There does not appear to be a case in which the questions were of vital importance and he disagreed with the majority that he did not express his dissent. Being asked why he dissented so much, he answered