ench; and at the same
time I referred to the fact that he had written more than seven
hundred opinions, covering nearly every branch of the law, the
opinions on Constitutional questions being unusually large. I
added:
"In many respects Justice Harlan resembles his namesake, John
Marshall. Like John Marshall, he received his early training for
the bench in the active practice at the Bar. Like John Marshall,
he enlisted and fought for his country. Like John Marshall, while
still a young man, he was appointed a Justice of the Supreme Court,
and has for more than a quarter of a century occupied that position.
And like John Marshall, his great work on the bench has been in
cases involving the construction and application of the Constitution.
He has been especially assigned by the Court to the writing of
opinions on Constitutional Law. In my opinion he stands to-day as
the greatest living Constitutional lawyer.
"If the Court please, I desire to refer to one more phase of Justice
Harlan's character. He is a religious man. He does not parade
his belief before the world, yet he possesses deep and devout
convictions and has given deep study to church questions. And it
may be said that the great men of the world from the earliest dawn
of civilization, with but few exceptions, have believed that the
life of the soul does not end with the death of the body. Cicero,
long before the birth of the Saviour, said:
'When I consider the wonderful activity of the mind, so great a
memory of what has passed, and such a capacity of penetrating into
the future; when I behold such a number of arts and sciences, and
such a multitude of discoveries thence arising, I believe and am
firmly persuaded that a nature which contains so many things within
itself can not be mortal.'
"Centuries later the famous Dr. Johnson well said: 'How gloomy
would be the mansions of the dead to him who did not know that he
should never die; that what now acts shall continue its agency,
and what now thinks shall think on for ever.'
"Justice Harlan is a firm and devout believer in the immortality
of the soul.
"He is now approaching the age when under the law he may retire
from the bench, yet he is in the vigor of health and is perhaps
the greater judge to-day than at any time in his past career. I
am sure I voice the general desire of the Bar of the whole country
that he shall, so long as his health and strength continue, remain
an active member
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