Hangin’ with my Holmes

Catch a rare audience with the Great Dissenter this Saturday in Newport

By Gretchen Ammerman

Oregon Coast TODAY

The Supreme Court. For better or for worse, it’s the last word on the laws that shape the American landscape. And one of its most oft-quoted justices, the colorful and highly decorated American Civil War veteran, Oliver Wendell Holmes Jr., will soon visit Newport to share his tales of suffering during that conflict and his later role in crafting some of the most consequential decisions of the Supreme Court.

In response to a subpoena sent by Attorney William A. Barton, the justice will appear before his admirers at the Pacific Maritime Heritage Center this Saturday, May 13.

Prior to his visit, the Justice kindly agreed to get on the speaking telegraph and chat with me about his upcoming appearance.

OCT: I did my research and learned that you were not only on some of the most decisive battlefields of the Civil War, but received multiple injuries. Where do you rate dysentery on your list of the most painful aspects of the war?

OWH: Thank you for asking that question because nobody really talks about it — of the roughly 620,000 deaths in the war, more than 50,000 were killed by that. You’d get so weak you could hardly even lift your gun to fire and getting shot began to sound like a blessing.

OCT: I hear the weapons of the day were not, how should I say, up to snuff?

OWH: The powder we used was very poor, and the shots we used were musket balls. If you were to shoot at a series of boxes, it wouldn't even go through all of them. But the musket balls sure could cause some damage to the human body.

OCT: It also seems like your luck was as shifty as a wind vane in a storm.

OWH: The first time I was shot was in the Battle at Ball’s Bluff. The bullet hit my belt and the buckle deflected the bullet. But it still knocked me down and knocked the wind out of me. After my troops were finished marching over me, I stood up and was shot immediately in the chest. At Antietam, the bloodiest day in American history, I was shot in the neck and left for dead in a cornfield. I was dragged to a nearby church, and someone pinned my name on my uniform, luckily someone saw the name and ordered that I get treated immediately, which saved my life.

By the last time I was shot, the munitions had improved. They had the early Gatling guns. My leg got shot up and I almost lost it but they were able to save it. But by that point, I was almost wishing they hadn’t so I could go home.

OCT: Would you say the war changed you?

OWH:  I was fighting against some of my classmates, friends, even relatives. I went to war as the class poet and came home as an analytic skeptic. The wounds upon my body may have healed, but the wounds on my heart never did.

OCT: What would you say is your most lasting legacy?

I am best known for the Abrams Dissent of 1919. It focused on the intellectual marketplace of ideas. I am kind of the godfather of free speech.

OCT: You remain one of the longest sitting judges in the history of the Supreme Court.

OWH: My energy was phenomenal, but looking back, I probably overstayed my welcome by about three years. Finally, the chief justice came to me and quietly asked me to retire and I had to agree.

OCT: Well, Sir, even though you died of pneumonia many years ago, you still took the time to tell me some stories, which I sure do appreciate.

OWH: Well, I really do like to talk, and please let the people know that when I visit, I’ll be glad to answer any questions.

And with that, he was gone.

As Holmes’ corporeal host, Barton has performed around the country and before the Supreme Court. He has practiced law for 51 years, is routinely voted by his peers as one of Oregon’s top 10 lawyers and has been featured on the cover of Oregon Super Lawyers. He resides in Newport and is best known locally as JoAnn Barton’s driver.

Saturday’s presentation begins at 2:30 pm, following the annual membership meeting of the Lincoln County Historical Society at 2 pm. The performance is open to the public. Museum admission rates apply. The Pacific Maritime Heritage Center is located at 333 SE Bay Blvd. in Newport. For more information go to oregoncoasthistory.org or call 541-265-7509.