ADMISSION OF A COLORED LAWYER TO THE BAR OF THE SUPREME COURT OF THE UNITED STATES.
Motion in the Supreme Court, February 1, 1865.
John S. Rock, Esq., was a colored lawyer in Boston, who, after studying medicine, accomplished himself in the law, and visited Europe. In the hope of advancing his race and of overturning an obnoxious precedent, he formed the idea of being admitted to the bar of the Supreme Court of the United States, even during the life of Chief Justice Taney; but Mr. Sumner, to whom he applied, could not encourage him, while the author of the Dred Scott decision presided over the Court. With Mr. Chase as Chief Justice it was otherwise. Before presenting him, Mr. Sumner communicated with the Chief Justice, who undertook to sound his brethren and smooth the way. After some delay he let Mr. Sumner know that the motion might be made. It seems, that, by usage of the Court, the Chief Justice acted on the admission of counsellors without consulting the rest of the bench, and it was understood that the usage would be recognized in this case.
As only a citizen could be a counsellor of the Supreme Court, and, according to the Dred Scott decision, a colored person was not a citizen, the admission of Mr. Rock was regarded by the country as tantamount to a reversal of that decision.
An informal and intimate correspondence between Mr. Sumner and the Chief Justice belongs to the history of this case.
On the receipt of a letter from Mr. Rock, saying, “We now have a great and good man for our Chief Justice, and with him I think my color will not be a bar to my admission,” Mr. Sumner wrote to the Chief Justice, inclosing the letter.
“Senate Chamber, 21st December, 1864.