James Harlan (June 22, 1800 – February 18, 1863) was an attorney and politician, a

U.S. Representative The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the lower chamber of the United States Congress, with the Senate being the upper chamber. Together they c ...

from

Kentucky Kentucky ( , ), officially the Commonwealth of Kentucky, is a state in the Southeastern region of the United States and one of the states of the Upper South. It borders Illinois, Indiana, and Ohio to the north; West Virginia and Virginia to ...

. He also served as US Attorney for Kentucky and, prior to that, as Kentucky Secretary of State and Attorney General, the first to be elected to the latter office statewide.

Early life and career

Born in

Mercer County, Kentucky Mercer County is a county located in the U.S. Commonwealth of Kentucky. As of the 2020 census, the population was 23,772. Its county seat is Harrodsburg. The county was formed from Lincoln County, Virginia in 1785 and is named for Revolutionar ...

, Harlan descended from George Harlan (1651–1714) of

County Durham County Durham ( ), officially simply Durham,UK General Acts 1997 c. 23Lieutenancies Act 1997 Schedule 1(3). From legislation.gov.uk, retrieved 6 April 2022. is a ceremonial county in North East England.North East Assembly �About North East E ...

England England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe b ...

and Elizabeth Duck (1660–1712) of

County Armagh County Armagh (, named after its county town, Armagh) is one of the six counties of Northern Ireland and one of the traditional thirty-two counties of Ireland. Adjoined to the southern shore of Lough Neagh, the county covers an area of and ha ...

Ireland Ireland ( ; ga, Éire ; Ulster Scots dialect, Ulster-Scots: ) is an island in the Atlantic Ocean, North Atlantic Ocean, in Northwestern Europe, north-western Europe. It is separated from Great Britain to its east by the North Channel (Grea ...

, who were married in a

Quaker Quakers are people who belong to a historically Protestant Christian set of Christian denomination, denominations known formally as the Religious Society of Friends. Members of these movements ("theFriends") are generally united by a belie ...

ceremony in 1678 in

County Down County Down () is one of the six counties of Northern Ireland, one of the nine counties of Ulster and one of the traditional thirty-two counties of Ireland. It covers an area of and has a population of 531,665. It borders County Antrim to the ...

. Harlan attended school before working as a clerk in a

dry goods Dry goods is a historic term describing the type of product line a store carries, which differs by region. The term comes from the textile trade, and the shops appear to have spread with the mercantile trade across the British Empire (and forme ...

store from 1817 to 1821. Deciding to embark upon a legal career, he

read law Reading law was the method used in common law countries, particularly the United States, for people to prepare for and enter the legal profession before the advent of law schools. It consisted of an extended internship or apprenticeship under the ...

under the guidance of a local judge before gaining

admission to the bar An admission to practice law is acquired when a lawyer receives a license to practice law. In jurisdictions with two types of lawyer, as with barristers and solicitors, barristers must gain admission to the bar whereas for solicitors there are dist ...

in 1823. Harlan commenced practice in

Harrodsburg, Kentucky Harrodsburg is a home rule-class city in Mercer County, Kentucky, United States. It is the seat of its county. The population was 9,064 at the 2020 census. Although Harrodsburg was formally established by the House of Burgesses after Boonesbo ...

and enjoyed a busy but not especially-remunerative legal career. He served as a

Commonwealth's Attorney In the United States, a district attorney (DA), county attorney, state's attorney, prosecuting attorney, commonwealth's attorney, or state attorney is the chief prosecutor and/or chief law enforcement officer representing a U.S. state in a loc ...

from 1829 to 1835.

Political career

A follower of

Henry Clay Henry Clay Sr. (April 12, 1777June 29, 1852) was an American attorney and statesman who represented Kentucky in both the U.S. Senate and House of Representatives. He was the seventh House speaker as well as the ninth secretary of state, al ...

, Harlan was soon involved in local and state politics. In 1833, he managed the reelection campaign of Congressman

Robert P. Letcher Robert Perkins Letcher (February 10, 1788 – January 24, 1861) was a politician and lawyer from the US state of Kentucky. He served as a U.S. Representative, Minister to Mexico, and the 15th Governor of Kentucky. He also served in the Kentuc ...

. When Letcher decided not to run for another term, Harlan ran successfully to replace him. Harlan was elected as an Anti-Jacksonian to the Twenty-fourth Congress and reelected as a Whig to the Twenty-fifth Congress (serving March 4, 1835 – March 3, 1839). In 1840, Letcher, who had won election as

governor of Kentucky The governor of the Commonwealth of Kentucky is the head of government of Kentucky. Sixty-two men and one woman have served as governor of Kentucky. The governor's term is four years in length; since 1992, incumbents have been able to seek re-el ...

, appointed Harlan as

Secretary of State of Kentucky The secretary of state of Kentucky is one of the constitutional officers of the U.S. state of Kentucky. It is now an elected office, but was an appointed office prior to 1891. The current secretary of state is Republican Michael Adams, who was ...

, an office he held for the duration of Letcher's term. In 1845, Harlan was elected to the

Kentucky House of Representatives The Kentucky House of Representatives is the lower house of the Kentucky General Assembly. It is composed of 100 Representatives elected from single-member districts throughout the Commonwealth. Not more than two counties can be joined to form ...

, serving three terms until 1851. He was elected

Attorney General of Kentucky The Attorney General of Kentucky is an office created by the Kentucky Constitution. (Ky.Const. § 91). Under Kentucky law, they serve several roles, including the state's chief prosecutor (KRS 15.700), the state's chief law enforcement officer (K ...

in 1850, the first man elected statewide as attorney general. He served until 1859 as the state's attorney general (during which time he wrote ''The Code of Practice in Civil and Criminal Cases''). Two years later, Harlan was appointed U.S. Attorney for Kentucky by President Abraham Lincoln, and he served in that capacity until his death in Frankfort on February 18, 1863.

Marriage and family

James Harlan married Eliza Shannon Davenport (1805–70) on December 23, 1822. The couple had six sons and three daughters. One of their sons,

John Marshall Harlan John Marshall Harlan (June 1, 1833 – October 14, 1911) was an American lawyer and politician who served as an associate justice of the U.S. Supreme Court from 1877 until his death in 1911. He is often called "The Great Dissenter" due to his ...

(1833–1911), followed his father into the law, becoming an attorney and a judge. Ultimately he was appointed as a justice of the

Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...

, where he dissented in the important ''

Plessy v. Ferguson ''Plessy v. Ferguson'', 163 U.S. 537 (1896), was a landmark U.S. Supreme Court decision in which the Court ruled that racial segregation laws did not violate the U.S. Constitution as long as the facilities for each race were equal in qualit ...

'' (1896) civil rights case, standing up for equal rights under the law. He was also a great-grandfather of another Supreme Court justice,

John Marshall Harlan II John Marshall Harlan (May 20, 1899 – December 29, 1971) was an American lawyer and jurist who served as an associate justice of the U.S. Supreme Court from 1955 to 1971. Harlan is usually called John Marshall Harlan II to distinguish him ...

(1899–1971). In addition, Harlan may have had a relationship with a mulatto slave and a son by her, Robert James Harlan, born in 1816. He raised the

mixed-race Mixed race people are people of more than one race or ethnicity. A variety of terms have been used both historically and presently for mixed race people in a variety of contexts, including ''multiethnic'', ''polyethnic'', occasionally ''bi-ethn ...

boy in his household, where Robert was tutored by two older half-brothers. After having a successful businesses in Harrodsburg and Lexington, Robert went to California during the

Gold Rush A gold rush or gold fever is a discovery of gold—sometimes accompanied by other precious metals and rare-earth minerals—that brings an onrush of miners seeking their fortune. Major gold rushes took place in the 19th century in Australia, New Z ...

and earned a fortune of $90,000. He returned to the Midwest, settling in

Cincinnati, Ohio Cincinnati ( ) is a city in the U.S. state of Ohio and the county seat of Hamilton County. Settled in 1788, the city is located at the northern side of the confluence of the Licking and Ohio rivers, the latter of which marks the state line wit ...

in 1851 and investing in real estate. He was elected as a state legislator in 1886.Rayford W. Logan and Michael R. Winston, eds., ''Dictionary of American Negro Biography'' (New York: W.W. Norton, 1982)

References

Biography of James Harlan at Kentucky Secretary of State website
* {{DEFAULTSORT:Harlan, James 1800 births 1863 deaths Members of the Kentucky House of Representatives Secretaries of State of Kentucky Kentucky Attorneys General Kentucky Whigs United States Attorneys for the District of Kentucky National Republican Party members of the United States House of Representatives from Kentucky Whig Party members of the United States House of Representatives 19th-century American politicians American lawyers admitted to the practice of law by reading law American people of Scotch-Irish descent Harlan family