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Malvina French Shanklin Harlan (1839–1916), informally known as "Mallie", was the wife of
U.S. Supreme Court Justice 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 of ...
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 ...
, the grandmother of 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 ...
, and the author of a 1915 memoir entitled ''Some Memories of a Long Life, 1854–1911''. Her memoir remained unpublished until 2001, when it was published at the instigation of Supreme Court Justice
Ruth Bader Ginsburg Joan Ruth Bader Ginsburg ( ; ; March 15, 1933September 18, 2020) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1993 until her death in 2020. She was nominated by President ...
.


Early life and marriage

Malvina French "Mallie" Shanklin was born in 1839 in
Indiana Indiana () is a U.S. state in the Midwestern United States. It is the 38th-largest by area and the 17th-most populous of the 50 States. Its capital and largest city is Indianapolis. Indiana was admitted to the United States as the 19th s ...
, raised in
Evansville Evansville is a city in, and the county seat of, Vanderburgh County, Indiana, United States. The population was 118,414 at the 2020 census, making it the state's third-most populous city after Indianapolis and Fort Wayne, the largest city in S ...
, and educated at girls' seminaries until she was 16. She was her family's only daughter, and had three brothers. She first met John Marshall Harlan (then of
Frankfort, Kentucky Frankfort is the capital city of the Commonwealth of Kentucky, United States, and the seat of Franklin County. It is a home rule-class city; the population was 28,602 at the 2020 census. Located along the Kentucky River, Frankfort is the prin ...
) at a dinner event held near her home that was hosted by Harlan's sister and her physician husband in 1854, when she was 16 (shortly after his admission to the bar to practice law), and they married on December 23, 1856, when she was 17 and he was 23. Her family held strongly anti-slavery views, and some members of her family were dismayed when they heard of her involvement with Harlan, as he and his family were slaveholders. She resolved to accept her husband's way of life, following the advice of her mother: "You love this man well enough to marry him. Remember, now, his home is YOUR home; his people, YOUR people; his interests, YOUR interests you must have no other." After a honeymoon at her parents' home, she moved with her husband to
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 ...
, and his family gave the couple a slave as a wedding gift. She would later remark on discovering "the close sympathy existing between the slaves and their Master or Mistress", and one of the family slaves was apparently a half-brother of her husband. She and her husband were both
Presbyterian Presbyterianism is a part of the Reformed tradition within Protestantism that broke from the Roman Catholic Church in Scotland by John Knox, who was a priest at St. Giles Cathedral (Church of Scotland). Presbyterian churches derive their nam ...
s. Despite being a supporter of slavery at the time, John Marshall Harlan remained a supporter of the
Union Union commonly refers to: * Trade union, an organization of workers * Union (set theory), in mathematics, a fundamental operation on sets Union may also refer to: Arts and entertainment Music * Union (band), an American rock group ** ''Un ...
when the
Civil War A civil war or intrastate war is a war between organized groups within the same state (or country). The aim of one side may be to take control of the country or a region, to achieve independence for a region, or to change government policies ...
approached a few years after their marriage, and he joined the
Union Army During the American Civil War, the Union Army, also known as the Federal Army and the Northern Army, referring to the United States Army, was the land force that fought to preserve the Union (American Civil War), Union of the collective U.S. st ...
in 1861. (With excerpts from Shanklin Harlan's memoir.) Although Harlan rose to prominence after the war as an opponent of the
Emancipation Proclamation The Emancipation Proclamation, officially Proclamation 95, was a presidential proclamation and executive order issued by United States President Abraham Lincoln on January 1, 1863, during the Civil War. The Proclamation changed the legal sta ...
and supporter of slavery, in his later life he would eventually become a staunch supporter of
civil right Civil and political rights are a class of rights that protect individuals' freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and political life o ...
s. He became known as "The Great Dissenter" due to his many dissents in Supreme Court cases that restricted
civil liberties Civil liberties are guarantees and freedoms that governments commit not to abridge, either by constitution, legislation, or judicial interpretation, without due process. Though the scope of the term differs between countries, civil liberties may ...
.


Memoir

Shanklin Harlan's memoir, completed in 1915 (the year before her death), remained unpublished until 2001, when it was published in the ''Journal of Supreme Court History'' at the instigation of Supreme Court Justice
Ruth Bader Ginsburg Joan Ruth Bader Ginsburg ( ; ; March 15, 1933September 18, 2020) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1993 until her death in 2020. She was nominated by President ...
. Ginsburg had encountered the 200-page typed manuscript of the memoir among the John Marshall Harlan papers collected by the
Library of Congress The Library of Congress (LOC) is the research library that officially serves the United States Congress and is the ''de facto'' national library of the United States. It is the oldest federal cultural institution in the country. The library is ...
while doing research for a lecture on the wives of Supreme Court justices for the
Supreme Court Historical Society The Supreme Court Historical Society (SCHS) is a Washington, D.C.-based private, nonprofit organization dedicated to preserving and communicating the history of the U.S. Supreme Court. The Society was founded in 1974 by U.S. Chief Justice Warren E ...
. Ginsburg and the Historical Society first approached various commercial, academic, and university press publishers without finding any that were interested in publishing the manuscript, before finally deciding to publish it in its entirety in a special issue of the Historical Society's journal, a publication with only 6,000 subscribers. The publication in the journal included 207 footnote annotations and an introduction by Linda Przybyszewski, a professor of history at the
University of Cincinnati The University of Cincinnati (UC or Cincinnati) is a public research university in Cincinnati, Ohio. Founded in 1819 as Cincinnati College, it is the oldest institution of higher education in Cincinnati and has an annual enrollment of over 44,00 ...
who had written a biography of John Marshall Harlan in 1999. Upon its publication by the journal, the memoir was reviewed in an article in ''
The New York Times ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
'' by
Linda Greenhouse Linda Joyce Greenhouse (born January 9, 1947) is an American legal journalist who is the Knight Distinguished Journalist in Residence and Joseph M. Goldstein Lecturer in Law at Yale Law School. She is a Pulitzer Prize-winning reporter who covered ...
, a reporter who covered Supreme Court issues for the newspaper. Greenhouse said the memoir was "the deeply personal story of a girl's transformation from a 17-year-old bride to a confident woman, a mother of six, who offered food and drink to the 200 to 300 visitors who thronged the Harlan residence every Monday afternoon, when the wives of Supreme Court justices were expected to be 'at home' to Washington society". The coverage by the ''Times'' increased interest in the memoir among the public and led to offers from several publishers to publish the manuscript as a book. It was then published by
Random House Random House is an American book publisher and the largest general-interest paperback publisher in the world. The company has several independently managed subsidiaries around the world. It is part of Penguin Random House, which is owned by Germ ...
with a
foreword A foreword is a (usually short) piece of writing, sometimes placed at the beginning of a book or other piece of literature. Typically written by someone other than the primary author of the work, it often tells of some interaction between the ...
by Ruth Bader Ginsburg, annotations and an
afterword An afterword is a literary device that is often found at the end of a piece of literature. It generally covers the story of how the book came into being, or of how the idea for the book was developed. An afterword may be written by someone other ...
by Linda Przybyszewski, and an
epilogue An epilogue or epilog (from Greek ἐπίλογος ''epílogos'', "conclusion" from ἐπί ''epi'', "in addition" and λόγος ''logos'', "word") is a piece of writing at the end of a work of literature, usually used to bring closure to the w ...
on the Harlan legacy by Amelia Newcomb, a great-great-granddaughter of the Harlans and editor for ''
The Christian Science Monitor ''The Christian Science Monitor'' (''CSM''), commonly known as ''The Monitor'', is a nonprofit news organization that publishes daily articles in electronic format as well as a weekly print edition. It was founded in 1908 as a daily newspaper ...
''. (Written in 1915.) The range of dates that Shanklin Harlan used in the title of her memoir (1854–1911) was the period of her time with John Marshall Harlan from when she met him when she was 16 until his death in 1911.


Descendants

The Harlans had six children – three sons and three daughters. Their eldest son, Richard, became a Presbyterian minister and educator who served as president of
Lake Forest College Lake Forest College is a private liberal arts college in Lake Forest, Illinois. Founded in 1857 as Lind University by a group of Presbyterian ministers, the college has been coeducational since 1876 and an undergraduate-focused liberal arts inst ...
from 1901 until 1906. Their second son, James S. Harlan, practiced in
Chicago (''City in a Garden''); I Will , image_map = , map_caption = Interactive Map of Chicago , coordinates = , coordinates_footnotes = , subdivision_type = Country , subdivision_name ...
and served as
Attorney General of Puerto Rico The secretary of justice of Puerto Rico ( es, Secretario de Justicia de Puerto Rico) (known as the attorney general of Puerto Rico prior to the Constitution of Puerto Rico in 1952) is the chief legal officer and the attorney general of the gove ...
before being appointed to the
Interstate Commerce Commission The Interstate Commerce Commission (ICC) was a regulatory agency in the United States created by the Interstate Commerce Act of 1887. The agency's original purpose was to regulate railroads (and later trucking) to ensure fair rates, to eliminat ...
in 1906 and becoming that body's chairman in 1914. Their youngest son, John Maynard, also practiced in Chicago and served as an
alderman An alderman is a member of a Municipal government, municipal assembly or council in many Jurisdiction, jurisdictions founded upon English law. The term may be titular, denoting a high-ranking member of a borough or county council, a council membe ...
before running unsuccessfully for
mayor In many countries, a mayor is the highest-ranking official in a municipal government such as that of a city or a town. Worldwide, there is a wide variance in local laws and customs regarding the powers and responsibilities of a mayor as well a ...
several times; John Maynard's son,
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 ...
, served as an Associate Justice of the U.S. Supreme Court from 1955 to 1971. Their oldest daughter, Edith, died shortly after she married and bore a child.


Further reading

*


References

{{DEFAULTSORT:Harlan, Malvina Shanklin 1839 births 1916 deaths Writers from Indiana People from Vanderburgh County, Indiana 20th-century American women writers American women non-fiction writers 20th-century American memoirists Harlan family