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:--