Stolen Justice by Lawrence Goldstone

Author:Lawrence Goldstone [Goldstone, Lawrence]
Language: eng
Format: epub
Publisher: Scholastic Inc.
Published: 2019-01-17T16:00:00+00:00

John Marshall Harlan.

With the presidential nomination of Ulysses Grant, however, Harlan’s views changed once more. He had known Grant during the war and respected his toughness and commitment to the United States. Although the Democrats, who dominated Kentucky politics, were urging Harlan to join them and perhaps even to run for office, Harlan instead aligned himself with Grant and the Republicans.

Kentucky Republicans, thrilled to have attracted such a prominent convert, nominated Harlan for governor in 1871. The only chance he had to win in a heavily Democratic state was to attract a heavy turnout among African Americans—those who could still vote—and so, as in his soldiering days, he found himself getting to know people against whom he had previously been prejudiced. And, again showing his capacity for personal growth, Harlan totally changed his perspective on issues of equal rights.

“I rejoice,” announced the man who had opposed the Thirteenth Amendment late in the campaign, “that [slavery] is gone; I rejoice that the Sun of American Liberty does not this day shine upon a single human slave upon this continent; I rejoice that these human beings are now in possession of freedom, and that that freedom is secured to them in the fundamental law of the land, beyond the control of any state.” Then he added, noting his attitudes of the past, “Let it be said that I am right rather than consistent.”

Harlan lost the election, but he amassed more votes than any other Republican in Kentucky’s history. He was nominated again four years later. In this election, the Civil Rights Act of 1875 was a major issue. Of that law, Harlan said, “Under the law of Kentucky, any one of the colored men within the sound of my voice has the same right that any white man possesses to ride in one of your cars from here to the city of Louisville.” Harlan lost once more, by an even narrower margin, and, the following year, was instrumental in gaining the presidential nomination for Rutherford B. Hayes. On October 16, 1877, the president nominated him to be associate justice of the Supreme Court. On Thanksgiving Day, 1877, Harlan learned by telegram that he had been confirmed.

In early 1878, John Marshall Harlan took his seat on the high court, set on a collision course with Joseph P. Bradley.

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