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.

“MY DEAR CHASE,--Please read the inclosed letter, and let

me know what I shall do with regard to it.

“Mr. Rock is an estimable colored lawyer, who, as you will

see, is cordially recommended by Governor Andrew and

others in the public service. He is one of several colored

lawyers in Massachusetts, who practise in all our courts,

and are always received with courtesy.

“Before I came into the Senate, now several years ago, I

was counsel in a case before our Massachusetts Supreme

Court,[62] where one of these colored lawyers was my

associate, and I remember well the very great kindness and

attention with which he was received by Chief Justice Shaw

and all the bench.

“I mention these things that you may see something of Mr.

Rock’s title to admission to the Supreme Court of the

United States.

“I know not how far the Dred Scott decision may stand in

the way.

“Of course, the admission of a colored lawyer to the bar

of the Supreme Court would make it difficult for any

restriction on account of color to be maintained anywhere.

Street cars would be open afterwards.[63]

“Ever yours,

“CHARLES SUMNER.”

The following note, written in pencil, and sent to Mr. Sumner

at his seat in the Senate, was the prompt answer:--

“SUPREME COURT ROOM, December 21, 1864.

“DEAR SUMNER,--I will confer with the Judges on Saturday,

which is consultation day. It is not likely that any, or

any serious, objection will be made.

“Yours faithfully,

“S. P. CHASE.”

Not hearing from the Chief Justice, Mr. Sumner sent the

following reminder:--

“_In re_ John S. Rock, Counsellor at Law, Massachusetts.

“What say you?

“C. S.”

“Senate Chamber, Thursday, 15th January, 1865.”

This was returned with the following reply, written in pencil

on the same paper:--

“Nothing at present,--except not forgotten.

“S. P. C.”

Another note, written also in pencil, opened the door.

“January 23, 1865.

“DEAR SUMNER,--You can make your motion for Mr. Rock’s

admission at any time which suits your convenience.

“Yours ever,

“S. P. CHASE.”

Mr. Rock, who was waiting in Boston, appeared February 1st,

and was at once presented by Mr. Sumner. The few formal words

which passed on this occasion are not without interest.

* * * * *

As soon as the judges had taken their seats, Mr. Sumner rose,

and, with Mr. Rock standing by his side, said:--

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