SCM-MISC-0034-2022

RECEIVED El
MAR 312023

SpencerFane"

CLERK
GREGORY HILTON.
NDMARYLAOF
SUPREME COURT

JOHN BROWNmc

DIRECT DIAL: 972-324-0320
jbrowning@spencerfane.com

March 27, 2023
Gregory Hilton, Clerk
The Supreme Court of Maryland
Robert C. Murphy Courts of Appeal Building
361 Rowe Blvd., Fourth Floor
Annapolis; MD'21401
greg.hilton@mdcourts.gov

VlA REGULAR MAIL AND EMAlLRE:

Petition for the Posthumous Admission to the Bar of Maryland of Edward Garrison Draper

Dear Mr. Hilton:

Please ﬁnd attached (and enclosed) the following documents:ooPetition for Posthumous Bar Admission of Edward Garrison Draper to the Bar of Maryland;
Motion for Special Admission of John G. Browning;

Proposed Order Admitting John G. Browning

Pursuant to Chief Justice Fader's correspondence of February 27, 2023, my co-counsel,
Domonique A. Flowers, and are submitting the enclosed Petition for the posthumous admission of
Edward Garrison Draper to the Bar of Maryland, together with Mr. Flowers' Motion for my special
admission to practice before the Court for this limited purpose, and a proposed Order granting same. As
you are aware, we are submitting this Petition at the invitation of the Court. lf there is anything else that isrequired for the Court's consideration, please feel free to contact Mr. Flowers and myself. Thank you foryour attention to and assistance in this matter.
|

Very truly yours,/s/ John G. Browning
Justice (ret.) John G. Browning0

ELL/9W

Domonique A.

SPENCER FANE LLP

5700 GRANITE PARKWAY SUITE 650, PLANO. TX 75024»6620

1

972.324.0300|

FAX 972.324.0301

lowers|spencerfane.com

No.

IN THE
SUPREME COURT OF MARYLAND
In re Petition for Posthumous Bar Admission of Edward Garrison Draper

NOW COME, John G. Browning, Domonique Flowers, and Jose Anderson, Petitioners,
and respectfully request that this Court posthumously admit Edward Garrison Draper to the Bar of

Maryland, and in support of this request would show the following:I.

INTRODUCTIONOn October 29, 1857, a young man named Edward Garrison Draper presented himself for
examination before Baltimore Superior Court Judge Zachaeus Collins Lee, in accordance with therequirements then in effect for those seeking admission to practice law in Maryland. Drapersatisﬁed or exceeded Virtually every criteria for becoming a Maryland lawyer. Born in Baltimore
on January 1, 1834, as the son of a successful tobacconist, Draper was a free citizen of Maryland,

over the age of twenty-one, who had studied law for at least two years. His good character, anotherrequired element, was attested to by the Baltimore lawyer under whom he had studied, Charles

Gilman. As a graduate of Dartmouth, Draper had something most aspiring attorneys of the timelackeda college education. Judge Lee was impressed by Mr. Draper, ﬁnding the young man tobe "most intelligent and well informed in his answers to the questions propounded by Inc." In fact,

Judge Lee found Edward Draper to be "qualiﬁed in all respects to be admitted to the Bar in

Maryland," except for one thing: he was not white. Edward Garrison Draper was thus denied
admission to practice in Maryland, for no reason other than the color of his skin. By granting thisPetition, the Court has the opportunity to right a historic wrong and join in a growing line of sistercourts around the country who have taken steps to address the racial injustices of the past.

II.

DRAPER SATISFIED ALL CRITERIA FOR ADMISSION BUT THE RACIAL ONE
Until passage of its bar admission statute in 1832, no formal standards existed for becoming
a lawyer in Maryland.' Before the Civil War, there were only a handful of law schools in the UnitedStates, none of which were in Maryland.2 Most lawyers in the United States received their training

by "reading the law" under the tutelage of an older practitioner or judge.3 Even late in the 19m
century, college degrees were not common; as late as 1883, less than half of the students at theﬂedgling University of Maryland School 0f Law had bachelor's degrees.4

With the 1832 statute, Maryland spelled out that an applicant for admission must be a freemale citizen of Maryland over twenty-one years of age who had been "a student of the law in any
part of the United States, for at least two years previous to said application."5 In addition, thestatute speciﬁed that an applicant had to be white.6 Applicants could make their petition in open

court, at any of the county courts, "courts of equity or courts of appeals . . ."7 The statute called

for the courts "to examine the applicant upon the same day during the regular session [of the court],

touching his qualiﬁcations for admission . . . and they shall also require and receive evidence ofhis probity and general character . . ."8 Upon a satisfactory examination, the newly admitted
attorney was entitled t0 practice in all courts of the state.9

David S. Bogen, The First Integration of the Universizjl ofMaryland School ofLaw, 84 MD. HIST. MAG. 39 (1989).
David S. Bogen, The Transformation of the Fourteenth Amendment Reﬂectionsﬁ'om the Admission ofMaryland isFirst Black Lawyers, 44 MD. L. REV. 939, 98182 (1995).
3
See generalbi MAXWELL BLOOMFIELD, AMERICAN LAWYERS INA CHANGING SOCIETY, 17761876 (Cambridge:
Harv. U. Press 1976).
4
ROSCOE POUND, THE LAWYER FROM ANTIQUITY To MODERN TIMES, 17787 (1953).
5
Act 0f March 10, 1832, ch. 286, 1831 Md. Laws.
1

2

6

Id. § 1.
Id. § 2.
8Id.
9Id. § 3.
7

Edward Garrison Draper led a relatively comfortable life. His parents, tobacconist Garrison
Draper and his wife Charlotte Draper, were freelike roughly half of Maryland's Black
population. And, as of the census of 1860, nearly three-quarters of the free Black population wereliterate. But Edward Draper received a better education than nearly all of his contemporaries. Hisparents sent him to a school for Black children in Philadelphia, and this preparatory education

enabled him to pass Dartmouth's entrance examination in 1851. Draper excelled at Dartmouth,

graduating in 1855.10 Still, despite his exceptional educational achievements, Draper's decision to
pursue a legal career was ambitious. As of 1857, only a handful of Black men had become lawyers:

Macon Bolling Allen, admitted in 1844 in Maine and in Massachusetts in 1845; Robert Morris,
admitted in Massachusetts in 1847; George Boyer Vachon, admitted in New York in 1848 (after

being denied admission in Pennsylvania the previous year); John Mercer Langston, admitted in

Ohio in 1854; and Aaron Alpeoria Bradley, admitted in Massachusetts in 1856."
However, Edward Garrison Draper was a determined young man who was keenly awareof the prejudices and disparity in equal rights faced by even ﬁee Black people. Aware of the workof the Maryland Colonization Society, which promoted emigration of free Black men and womento Liberia, Draper envisioned going to Liberia as an educated and licensed attorney. Between 1855

and 1857, he "read the law" under the tutelage of Baltimore attorney Charles Gilman (who would

later sponsor Draper for admission). '2 Desiring practical knowledge of trial practice, Draper spent
several months with the Boston ofﬁce of prominent abolitionist attorney Charles W. Storey, who

1°

For a more detailed chronicle of Mr. Draper's background and upbringing, see John G. Browning, To Fight theBattle, First You Need Warriors.' Edward Garrison Draper; Everett Waring, and the Questﬁ)r Maryland Is First
Black Lawyer, 53 U. BALT. L. FORUM 1 (Fall 2022).

" Id. at 3.

12

Id. at 1011.

also served as clerk of Suﬂ'olk County (Massachusetts) Superior Court. Draper was able to witness

trial proceedings in person.
So, when he presented himself for examination by Judge Lee on October 29, 1857, Edward
Garrison Draper likely felt as prepared as a candidate for the bar could feel. But Judge Leea ﬁrst
cousin to Robert E. Lee and a slaveowner himselfwould adhere to Maryland's racially restrictive
bar admission statute. Even though he acknowledged that Mr. Draper's examination andcredentials made him "qualiﬁed in all respects to be admitted to the Bar," Judge Lee hastened toadd, "if he was a ﬁee white citizen of this State?" In an effort to salvage something ﬁom his two

year-long quest to become a lawyer, Draper informed Judge Lee of his intent to emigrate to Liberia
and his desire to begin a legal career there. Judge Lee then issued Draper a certiﬁcate that statedas follows:

STATE OF MARYLAND
City of Baltimore
October 29, 1857

Upon the application of Charles Gilman, Esq. of the Baltimore Bar, I haveexamined Edward G. Draper, a young man of color, who has been reading law
under the direction of Mr. Gilman, with the View of pursuing its practice in Liberia,
Aﬁ'ica. And I have found him most intelligent and well informed in his answers to
the questions propounded by me, and qualiﬁed in all respects to be admitted to the
Bar of Maryland, if he was a free white citizen of this State. Mr. Gilman, in whom
I have the highest conﬁdence, has also testiﬁed to his good moral character.

This Certiﬁcate is therefore furnished to him by me, and with a View to promote his
establishment and success in Liberia at the Bar there.

Z. Collins Lee
Judge of the Superior Court, Baltimore, Maryland"'3
Id. at 12.
'4 While theoriginal certiﬁcate was presumably taken with Draper to Liberia and its current whereabouts are
unknown, a copy of it appears in the Journal of the Maryland Colonization Society, which supported and touted
Draper's accomplishments and trip to Liberia. See Z. Collins Lee, Certiﬁcate Attesting that Edward G. Draper is Fit
to Practice Law (Oct. 29, 1857), in 9 MD. COLONIZATION J. 89 (1857) (emphasis added).

Armed with this certiﬁcate, the newly married Edward Garrison Draper and his wife, Jane
Rebecca Jordan, set sail ﬁom Baltimore to Liberia six days later. Tragically, Draper died within ayear after his arrival in Liberia of tuberculosis, on December 18, l858only two weeks before
his 25th birthday. '5

IH.

THIS COURT HAS THE AUTHORITSK, AND PRECEDENT EXISTS, FOR EDWARD
DRAPER'S POSTHUMOUS BAR ADMISSIONAs the highest court in Maryland, this Court is the ﬁnal arbiter regarding admission to thepractice of law in this state. Furthermore, as has been demonstrated, Edward Garrison Drapersatisﬁed or exceeded all requirements then in effect for admission to the Maryland bar, but for thecolor of his skin. Despite the fact that every other former slaveholding state began admitting Blacklawyers to the profession between 1866 and 1878,

16

Maryland resisted legal challenges to its

racially restrictive admission statute until well aﬁer the ratiﬁcation of the Fourteenth
Amendment. l7 A Black man would not be admitted to practice before Maryland's state courts until

Everett J. Waring in 1885; the statute itself was not formally repealed until 1888. '8

A growing body of precedent has emerged as the highest courts in multiple states have
granted posthumous bar admission on behalf of minority aspiring attorneys ﬁom the late 19m andearly 20th centuries who were rejected by the bar on racial grounds." In 2001, the Washington
Supreme Court granted posthumous bar admission to Takuji Yamashita, a Japanese American andnaturalized citizen who had graduated ﬁ'om the University of Washington School of Law and'5

Browning, supra note 10, at 13.

'6 Id. at

1415.
In re Taylor, 48 Md. 28 (1877) (rejecting Charles S. Taylor's lawsuit on Fourteenth Amendment grounds); see also
Admitted to the Bar, BALT. SUN, Mar. 20, 1885, at 1, col. 4.
'8Browning, supra note 10, at 2025.
'9 Seegeneralb) John G. Browning, Righting Past Wrongs.' Posthumous BarAdmissions and the Questfor Racial
Justice, 21 BERKELEY J. AER. AM. L. & POL'Y 1 (2021).
17

passed the bar examonly to be denied admission by the Washington Supreme Court in 1902.20

On March 1, 2001, in response to a petition by the University of Washington Law School, theWashington State Bar Association, and the Asian Bar Association, the Washington Supreme Court
posthumously admitted Mr. Yamashita."

In 2010, the Pennsylvania Supreme Court posthumously admitted George Boyer Vachon.

Vachon, the ﬁrst Black graduate of Oberlin College, would go on to become the ﬁrst Black lawyer
admitted in New York (1848) and in the District of Columbia (1868), but only after Allegheny

County, Pennsylvania denied his admission there in 1847 on racial grounds. In granting a petitionﬁled by one of Vachon's descendants, the Pennsylvania Supreme Court posthumously admitted
Mr. Vachon, calling the discrimination he faced "intolerable?"

In 2015, a law professor at the U.C. Davis School of Law led a petition effort on behalf ofHong Yen Chang. Mr. Chang, a Chinese American, had attended Yale, received a law degree ﬁ'om
Columbia, became a naturalized citizen, passed the New York bar, and been admitted to practicein New York in 1888. But when he sought admission in California in 1890, the California Supreme
Court denied his application, citing the Chinese Exclusion Act." More than a century later, thecourt righted this injustice and posthumously admitted Mr. Chang, calling the "discriminatory

exclusion of Chang ﬁom the State Bar of California" a "grievous wrong?" Two years later, theCalifornia Supreme Court posthumously admitted Sei Fuj ii, a Japanese American who graduatedﬁom the University of Southern California School of Law in 1911, but who was similarly

2°

In re Takuji Yamashita, 30 Wash. 234 (Wash. 1902).
Steven Goldsmith, Takuji Yamashita.' State 3' Leaders Honor a Man Once Rejected Because ofHis Race, U. WASH.
NEWS (Feb. 12, 2001), https://www.washington.edu/news/2001/02/l2/takujiyamashitastates-leaders-honor-a-man2'oncerejected-because-of-his-race/.
Order, In re Vachon, Case No. SWM-2010 (Pa. May 4, 2010) (per curium).
23
In re Hong Yen Chang, 24 P. 156 (Cal. 1890).
24
In re Hong Yen Chang, 344 P.3d 288 (Cal. 2015).
22

prohibited from practicing law on racial grounds." Fujii being barred ﬁ'om obtaining a license
was, as the Supreme Court put it, "an injustice that we repudiate today."26

William Herbert Johnson was Syracuse University Law School's ﬁrst Black graduate in
1903, and the valedictorian of his class. Although he passed the bar exam, no local white lawyers

would vouch for his character and ﬁtness to practice, and so Johnson was never licensed.
Syracuse's Black Alumni Collective and surviving descendants of Mr. Johnson petitioned for his
posthumous admission to the New York bar. Over 116 years after his historic graduation, on

October l8, 2019, the Appellate Division, Fourth Department of New York posthumously admitted

Mr. Johnson. 27 Presiding Justice Gerald Whalen stated that the court's ruling "will correct a historicwrong," and he further noted that "While in this case the just result may have been delayed, justicewas not, in the end, denied."28

The most recent posthumous bar admission was in 2020. J .H. Williams, a Black man and"colored disciple of Blackstone," arrived in Dallas, Texas seeking admission to the bar roughly
two years after the city's ﬁrst and only Black lawyer had leﬁ within six months because of the
prejudice he encountered. In keeping with local practice, the presiding judge appointed a four-man

examining committee comprised of local attorneys. But when two members of the panel (including
the president of the Dallas Bar Association) voted their conscience and pronounced Williams

qualiﬁed, the committee deadlocked 22. Inﬁiriated, the judge handpicked a second committeethat wasted no time in reaching the desired result, ﬁnding Mr. Williams "not qualiﬁed" the same

day they were selected. In 2020, thenJustice John Browning researched and drafted a petition to25

26

Admin. Order 2017-05-17 (8239690), 394 P.3d 488 (Cal. 2017).

Id.
Press Release, Fourth Department Schedules Special Posthumous Bar Admission Ceremony for First AfricanAmerican Graduate of the Syracuse University College of Law, Sup. Ct. of the State of New York (Sept. 30, 2019),
https://ad4.nycourts.gov/press/notices/5d93 8081053 795 6554 1 55 7e5.
28
Id.
27

the Supreme Court of Texas calling for Mr. Williams' posthumous bar admission, citing the raciallycharged circumstances behind the original denial. On October 19, 2020, the Supreme Court ofTexas unanimously granted the petition and posthumously admitted J .H. Williams to the Texas

bar."
IV.

CONCLUSION AND PRAYER FOR RELIEF
The cynical among us may question the value in granting the relief sought andposthumously admitting Edward Garrison Draper to the Maryland bar. But such admissions arefor more than mere symbolic coda. They are an important step in acknowledging the racial

injustices of the past that still resonate in the present. As the California Supreme Court observedin posthumously admitting Sei Fujii, the discriminatory exclusion he suffered was not only "a blow
to [those who] aspired to become a lawyer only to have their dream deferred on account of theirrace, alienage, or nationality," but it was also "a loss to our communities and to society as a whole,which denied itself the full talents of its people and the important beneﬁts of a diverse legal

profession?" Although posthumous bar admission on racial grounds has occurred only six times
in U.S. legal history, each occasion marks an important step in addressing the past racial injusticethat has contributed to the lack of diversity from which the legal profession still suffers.

Dr. Martm Luther King, Jr. famously said, "The time is always right to do what is right."

More recently, in explaining his 2022 posthumous pardon of Homer Plessy, Louisiana Governor

John Bel Edwards observed that "justice has no expiration date." Edward Garrison Draper met or
exceeded all lawful requirements for admission to the Maryland bar in 1857, proving the lie ofIn re Application for Posthumous Bar Admission of J .H. Williams, Misc. Docket No. 20-9121 (Tex. S. Ct. Oct. l9,2020).
3°
Admin. Order 201705-17 (Cal. 2017) (quoting In re Hon Yen Chang, 60 Cal. 4th 1169, 1175 (2015)).
29

Chief Justice Roger Taney's infamous characterization earlier that same year of Black men andwomen as "beings of inferior order" with "no rights which the white man was bound to respect?"

This Court has the authority to posthumously admit Edward Garrison Draper to the
Maryland bar. Petitioners urge the Court to follow in the footsteps of their counterparts on thehighest courts in Washington, Pennsylvania, California, New York, and Texas in granting theposthumous admission. As further support for this request, Petitioners have attached an Appendix

consisting of letters of support ﬁom prominent stakeholders in the community. These letters are as

follows:
Appendix Ex. 1

March 1, 2023 letter to the Court from Philip J. Hanlon, President of

Dartmouth College;

Appendix Ex. 2

March 1, 2023 letter to the Court from the current and incoming

presidents of the Black Alumni of Dartmouth Association, Maryland attorney KarinMarshall and Dr. Maria Cole;

Appendix Ex. 3

March ll, 2023 letter to the Court ﬁom the Alliance of Black Women

Attorneys of Maryland, Inc.;

Appendix Ex. 4 March 16, 2023 letter to the Court ﬁom the Monumental Bar Association;
Appendix Ex. 5

March 24, 2023 letter to the Court ﬁom the National President of theAmerican Board of Trial Advocates.

Appendix Ex. 6~March 26, 2023 letter to the Court from Chief Judge (ret.) Wanda Keyes

Heard.

These letters represent just a sampling of the support that this cause enjoys in thecommunity. Maryland, sadly, was not in the foreﬁont of welcoming Black attorneys to the legal

3'

Dred Scott v. Sandford, 60 U.S. 393 (1856).

profession. But by granting posthumous bar admission to Edward Garrison Draper, this Court canplace Maryland in the vanguard of restorative justice and demonstrate conclusively that justice
delayed need not be justice denied.

Respectfully submitted,

Domonique A. Flowers
Maryland Atty ID #0906160046
U.S. District Court of Maryland Bar No. 17713
Pro Bono Resource Center of Maryland
1500 Union Avenue, Suite 2400

Baltimore, MD 21211-1986
dﬂowers@probonomd. org
Tel.: (301) 455-3247/s/ Jose' Felipé Anderson

José F elipé Anderson, Esq.

Dean Joseph Curtis Professor of Law
University of Baltimore School of Law
1420 North Charles Street
Baltimore, MD 21201
Tel.: (410) 837-4398
janderson@ubalt.edu_/g/ John G. Browning
John G. Browning
Texas Bar No. 0323050
Oklahoma Bar No. 22466
Maryland Pro Hac Vice Admission pending
Spencer Fane, LLP
5700 Granite Parkway, Suite 650
Plano, TX 75024
jbrowning@spencerfane.com
Tel.: (214) 454-6563

APPENDIXAPPENDIX

EXHIBIT 1

DA RTMOUTH

Hanover. New Hampshi

3755

The President

March 1, 2023

Chief Justice Matthew]. Pader
Supreme Court of Maryland
361 Rowe Boulevard
Annapolis, MD 214.01
Dear Chief Justice Pader and Justices of the Supreme Court of Maryland,

It is my honor and privilege to write in support of a petition, submitted to the Maryland State
Board of Law Examiners by the Black Alumni of Dartmouth Association, to posthumously admit
Edward Garrison Draper to the Maryland Bar.
Mr. Draper, a man of color and graduate of Dartmouth College in 1855, was admitted to thisCollegeby President Nathan Lord. Notwithstanding President Lord's controversial views on slavery, hebelieved it was this college's mission to educate men like Draper. According to one observer,"when other Colleges closed their doors, President Lord threw the portals of Dartmouth wide
open
to the colored race."T

We now have in hand the well-documented evidence that Mr. Draper took fulladvantage of hisandtoconvince
talent,training,
Judge Zaccheus C. Lee of the Maryland Superior Court of his
fitness to serve on the Maryland Bar. That he was denied this privilege remains a stain on the fabricof this society that must be expunged. Mr. Draper lives in the memory of thisCollege. I strongly
to
honor
and
his
life
and legacy.
urge you recognize

Sincerely,/:>/«~/~/-"

ﬁLv/'aPhilip J. Hanlon

TCrosby, A. B. (1872). A Eulogy Commemorative of the Life and Character of Nathan Lord,
President of Dartmouth College. USA: J. B. Parker.

APPENDIX

EXHIBIT 2

""611BADA

March 1, 2023

Supreme Court of Maryland
Robert C. Murphy Courts of Appeal Building
361 Rowe Blvd.
Annapolis, MD 21401
Dear Justices of the Court:

For centuries, Black Americans and other people of color have been prevented fromenjoying the fruits of their labor and ability simply because they were not white. One
example is the countless Black Americans denied admission to colleges and universities,
professional schools, and in the case of Edward Garrison Draper, admission to the bar of theState of Maryland. The Maryland Supreme Court must now take the opportunity to right thiswrong.
We, the current and incoming Presidents of the Black Alumni of Dartmouth
Association (BADA) on behalf of our membership write in support of the Petition filed by
Justice (ret.] Iohn G. Browning seeking posthumous admission of Edward Garrison Draper tothe Maryland Bar. Unlike the practice of law today, there was no bar exam that qualified men
in 1857 to practice law. One studied under an attorney as an apprentice to qualify forlicensure. This is exactly what Mr. Draper did and his record of achievement clearly
demonstrates that he was imminently qualified to practice law. Despite his qualifications,however, he was denied this privilege based solely on the color of his skin.

As the historical record demonstrates, the fact that authorities in the State of
Maryland barred Black citizens like Edward Garrison Draper and others from becoming
lawyers for so long is a stain on the legal profession and justice system of this State. Granting
Mr. Draper (and others similarly situated) posthumous bar admission is not merely asymbolic gesture but a long-overdue acknowledgment of the accomplishments of Black
Americans and an important step toward racial justice. Additionally, the posthumous bar
admission we seek is supported by precedent from the highest courts in multiple otherstates.

Petition for Posthumous Admission of E. G. Draperof Dartmouth College to the Maryland Bar: Page 2

Edward Draper of Baltimore, Maryland and Graduate of Dartrnouth College (1855)
Edward Garrison Draper was born in 1834 in Baltimore, Maryland, to an educated,
free Black family.1 His father, Garrison Draper, a well-regarded F ell's Point tobacconist, andmother, Charlotte Gilburg Draper, a devout Presbyterian, carefully prepared their only childto gain the virtues and rewards of a Christian education. At age eleven, they sent the young
Draper north to a co-educational seminary in Harmorton Village, Chester, PA, founded byabolition-leaning Quakers who had opened their doors to young men and women of all races.
After three years, he next completed pre-college preparation at Whitesboro Seminary,another abolitionist-run academy in Oneida, NY. His mother wrote that at these seminaries,
her son "so conducted himself as to gain the esteem and respect of both sexes. They said welove him for his intelligence and self-respect."
Mr. Draper matriculated at Dartmouth College in 1851, only the sixth Black student
to do so at that point. Dartmouth was the only college among those later forming the Ivy
League to admit and graduate Black men or women in the antebellum era.3 While atDartmouth, Mr. Draper progressed academically without interruption. His mother wrote,"He had a social and political standing as a Whig in the young Whig association" andperformed well academically, maintaining "a very respectable standing, socially, and in hisclass." At graduation in 1855, Mr. Draper penned with tongue in cheek a note to hisclassmates,"Though we would both give three groans for, and bury in oblivion that insignificant
body of weak-minded men, called the Faculty of Dart. COIL yet do not forget the classand especialbl your frientl, Edward G. Draper. "4

The abolitionist press took notice of the unusual instance of a colored man
successfully completing a college course:
A Colored Graduate.
Among the graduates at Dartmouth College, at the latecommencement, was Mr. E. G. Draper of Baltimore, who spoke well and was muchapplauded. Now Dartmouth opens her doors to colored students, giving them the place
due to their talents and character. Who will say that a colored College is needed, when
our most popular institutions of learning, one after another, are evincing a willingness
to receive students, without regard to complexional distinction.5-

Following his Dartmouth graduation, Mr. Draper was realistic in assessing his career
options. Only a handful of Black Americans had become lawyers, first in 1844 with Macon
Chapman, George T. 1867. Sketches of theAIumni of Dartmouth College: From the First Graduation in 1 771 to
the Present Time, with a Brief History of the Institution. Cambridge, MA: Riverside Press, p. 414.
2
Draper, Charlotte Gilburg. (1860). Sacred to the Memory of Edward Garrison Draper. In For the Presbyterian
Female of Color's Enterprising Society in Baltimore:A Free Will Oﬁ'ering (pp. 78-94). Baltimore, Md.: Frederick
A. Hanzsche.
3
Lee, Forrester A. and Pringle, Iames S (2018). A Noble and Independent Course: the Life of the Reverend
Edward Mitchell. Hanover, NH, Dartmouth College Press.
1

4
5

Edward Draper Alumni File. Rauner Special Collections Library, Dartmouth College.
A Colored Graduate (1855), The National Era, Washington, D.C. Sept 6.

Petition for Posthumous Admission of E. G. Draperof Dartmouth College to the Maryland Bar: Page 3

Bolling Allen of Maine. Like most states in that era, Maryland did not require a college degree
or law school education for admission to the bar, and there was no formal bar examination.
An aspiring lawyer merely had to be over 21 years of age, a citizen of Maryland of good moral
character and had to have engaged in the study of law for at least two years usually by"reading the law" under the tutelage of an older lawyer or judge. Judges were empowered to
examine a candidate themselves; in later years, they would appoint an examining committee
comprised of local bar members. Fully aware of the obstacles, Mr. Draper returned toBaltimore to pursue training for a legal career. With aid from the Maryland Colonization
Society, he secured legal training from John Joseph Gilman, a Baltimore lawyer and fellow
Dartmouth graduate (1838). After two years of reading law with Mr. Gilman, Mr. Drapercompleted training by observing courtroom proceedings in Boston with the prominent
attorney Charles W. Storey, a friend of Boston's antislavery community. Prepared by thisan oralsignificant experience and ability, Mr. Draper was ready for the next step
examination before a Maryland court justice.6At his examination in November 1857, Maryland Superior Court Judge Zaccheus
Collins Lee found Mr. Draper competent in the law but unable to practice in the State bycustom and law.
I have examined Edward G. Draper, a young man of color, who has been reading law
under the direction of Mr. Gilman, with the view of pursuing its practice in Liberia,
Africa. And I have found him most intelligent and well informed in his answers t0 thequestions propounded by me, and qualiﬁed in all respects t0 be admitted to the bar in
Maryland, if he was a ﬁee white citizen of this State. Mr. Gilman, in whom l have thehighest conﬁdence, has also testified to his good moral character. This Certificate istherefore furnished to him by me, with a View to promote his establishment and successin Liberia at the bar there. Z. Collins Lee, judge of Superior Court, Balt., Md., Oct 29,
1857.7

Thus, Judge Lee denied Mr. Draper admission based solely on the only criteria he
could never meet because he was not a white man. Although disappointed, Mr. Draper
understood the judge's logic and accepted its certainty. With eyes now fixed beyond
America's shoreline, he cast his fate to the African colonization movement with hopes of
becoming Liberia's first college-educated lawyer and finalized plans to emigrate to Liberia
with his wife, Jane Rebecca Jordan of Baltimore. The couple set sail on November 2, 1857,
aboard the Mary Caroline Stevens for Liberia,3 where his arrival was much anticipated. The
Maryland Colonization Society wrote:
We consider the settlement of Mr. Draper in the Republic as an event of no little
importance. True, there are many very intelligent, well-informed men now in thepractice of law in Liberia, but they have not been educated to the profession. To our

6

Bogen, David S. (1985). The Transformation of the Fourteenth Amendment: Reﬂections from the Admissionof Maryland's First Black Lawyers. Maryland Law Review, 44(4), 939-1046.
7
A Lawyer for Liberia (1857). Maryland Colonization journal, 9(6), 89.
8
Third Departure of the Mary Caroline Stevens (1857). The African Repository, 33(12), 23.

Petition for Posthumous Admission of E. G. Draperof Dartmouth College to the Maryland Bar: Page 4

Liberia friends we commend him as a well-educated, intelligent man, ofgood habits andprinciples; one in whom they may place the fullest conﬁdence.9
Upon reaching the port of Monrovia in December 1857 with a college diploma and bar examcertificate in hand, Mr. Draper's future success seemed assured. Soon after arriving in
Liberia, however, he became ill with African fever, a common illness arriving colonists
suffered. He recovered but a year later succumbed to consumption (pulmonary tuberculosis)
and died in Cape Palmas on December 18, 1858. His mother wrote and published aremarkable bound memorial volume in her son's name, "Sacred to the Memory of Edward
Garrison Draper," elevating Mr. Draper to reside in the heavens among Liberia's mostglorious sons."

Posthumous Admission to the Maryland Bar to Right a Historic Injustice
After the Civil War, other Black Americans applied for admission to the Maryland bar,including attorneys already licensed in other states. These applicants were uniformly denied

admission, which resulted in legal challenges such as Massachusetts -licensed Charles
Taylor's 1877 lawsuit seeking his admission to practice in Maryland. The Maryland Court ofAppeals denied his petition.
Maryland's racially restrictive bar admission statute withstood such legal challenges
until 1885, when Everett]. Waring was admitted to practice law, and Maryland became thelast former slave state to acknowledge that the 14th Amendment provided equal protection
to Black Americans' rights to pursue legal careers. We respectfully request that this Court
grant the Petition for posthumous bar admission brought on behalf of Edward Garrison
Draper, a loyal son of Dartmouth, and that it consider similar acknowledgement for Charles
Wilson and other Black lawyers who were denied admission to practice in Maryland solely
on the basis of race.

We have seen evidence that the indefensible bias and prejudices of this bygone erathat resulted in injustices to Black Americans, other people of color and women are being
displaced with more enlightened thought. The highest courts in other jurisdictions haveestablished precedent for the posthumous bar admission we seek, and BADA brings the
below examples to the Court's attention:

I

I
I

9

In 1902, the State of Washington denied bar admission to Iapanese American
Takuji Yamashita, a University of Washington Law School graduate, even after
passing the bar exam. Recognizing the injustice, in 2001, the Washington Supreme
Court posthumously admitted Mr. Takuji.
In 2010, the Pennsylvania Supreme Court posthumously admitted George Vashon,a Black American who had been denied bar admission in 1847.
In 1890, the State of California denied Hong Yen Chang, a Chinese American,
admission to the bar. He had attended Yale College, graduated from Columbia Law
School, and already passed the New York State bar exam when he was admitted.

A Lawyer for Liberia (1858). In The African Repository and Colonial journal, vol 2, 1858.
Draper, C.G. op. cit.

1°Petition for Posthumous Admission of E. G. Draperof Dartmouth College to the Maryland Bar: Page 5

I
I

Further, the California Supreme Court took appropriate action in 2013 byposthumously admitting Mr. Vashon to the California bar. In 2017, the California
Supreme Court also granted posthumous bar admission to Japanese American Sei
F ujii, a 1911 USC Law School graduate.
In 2019, the New York Court of Appeals granted posthumous bar admission to
William Herbert Johnson, Syracuse University Law School's first Black graduate in
1903, who was denied bar admission at the time.
In 2020, the Supreme Court of Texas granted posthumous bar admission to ].H.
Williams, a Black man wrongfully denied admission to the Texas bar in 1882.

The State of Maryland has come a long way since denying Mr. Draper admission to
the bar. Maryland can now boast that it has Black American members of the bar serving inall capacities throughout the State, including on the Maryland Supreme Court. While the legal
profession has made significant progress in addressing its historical prejudices, it continues
to grapple with a lack of diversity and inclusion. Although many barriers to a legal career forBlack Americans have been removed, some remain. Granting the Petition for Edward
Garrison Draper's posthumous admission to the Maryland Bar would further serve todemonstrate the progress that has been made as well as serve as a reminder that justice
delayed need not necessarily be justice denied. The Black Alumni of Dartmouth Associationurges this Court to right a historic injustice by granting this Petition.

Respectfully yours,
mun-any:Lain 9. "MW, 68w
577366180665425

Karim D. Marshall, Esq. (MD Bar# 0812170243)
Dartmouth Class of 2003
BADA President (2018-2023)

MSW":
Maria. Col),CW.
SOAFHOGBGVMM...

Dr. Maria Cole
Dartmouth Class of 1984
BADA President (2 02 3-2025)

APPENDIX

EXHIBIT 3

$CE OF_....__

Alliance of Black Women Attorneys of Maryland, Inc.
Post Ofﬁce Box 23784 0 Baltimore, Maryland 21203\i

1

March 11, 2023

ATT
Justices of the Supreme Court of Maryland
Supreme Court of Maryland
361 ROWE Boulevard
Annapolis, MD 21401

2022-2023 OFFICERS

Durriyyali Hollimon, Esq.
President

Kimberly Rothwell, Esq.

RE: Support for Petition for Posthumous Admission of Edward Garrison Draper

President-Electt0 the Mary'and Bar

Beatrice c_ Thomas, Esq_
Treasurer

Dear Justices of the Supreme Court of Maryland:

Jasmine England-Caesar, Esq.

Rm'dmg seam"

The Alliance of Black Women Attorneys of Maryland, Inc. writes this letter in support of
the Petition to posthumously admit Edward Garrison Draper to the Bar of Maryland. In
1857, Edward Garrison Draper sought admission to the Maryland Bar and was only denied
admission because of the color of his skin. Mr. Draper met all other requirements tobecome a licensed attorney in the State of Maryland at the time he sought admission.

Ashley Ward, Esq.

C°""Sp°"d"'g swam
Cherie King, Esq.

Membe"""L"ge

T l s tt E .
Mangerco.Large.

PAST PRESIDENTS
Jeanne Hitchcock
Donna Jacobs
Donna Hi" Staten
lllona Sheﬂ'ey Rawlings
Joyce Hanks Knox

(19891990)

Zaki Mahasa(19904991)( 19911992

B-Hmieﬁe Taylor

Sm:a Holmes(1985-1987)(19874988)(1988-1989)(19921993)(19931994)

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In 1857, an aspiring lawyer had to be a free, white male citizen of Maryland, over 21.
years of age who had been a student of the law for at least two years prior to theirto the bar of Maryland. Applicants could petition any of the county courts forapplication
.
.
.
. .
adm1ss1on. Judges were empowered to exannne a candidate the day of their petition,
on his qualiﬁcations of admission...and they should require and receive"touching.
.
.
ev1dence of his probity and general character." There was no requirement of formal.

(19954996)(1996-1997)( 1997-1998 )(1998 1999)(1999-2000)(2000-2001)(2001 2002)(20022003)(2003-2004)(20042005)(20052006)(2006-2007)(2007-2008)(20084009)

MonifaB- Coaxum

Tara Bamss(19791935).

It 18 never too late to administer Justice, and the Petition before the Court seeks to do Just
that. The Petition before the Court is not purely a symbolic gesture. The Petition helps to.
.
build the foundation of recognizing the contributions and accomplishments of Black'''
Americans that have been ignored and erased from the legal history of this State. Granting
the Petition is an important step in achieVing rac1a1 Justice.

(2009-2010)(2010-2011)(201 1-2012)(2012-2013)(2013-2014)(20142015)(2015-2016)

ﬁﬁgg'f'fiii'ﬁd'mwgfg'}76:22:11,3)
Hon. Shirley M. Watts(2018-2019)$33,211:: alt-"£13?"
Lem Duson(20192020)(2020-202 )(2021-2022)
1

ed'uc aﬁOIL

On January 1, 1834, Edward Garrison Draper, was born in Baltimore, MD. to Charlotte
Gilburg Draper and Garrison Draper, a successful tobacconist and cigar-maker. As achild, Edward Garrison Draper attended public school for Black children in Philadelphia
and went on to graduate from Dartmouth College in 1855. Following his formal
education, Edward Garrison Draper studied under the well-respected Baltimore attorney,
Charles Gilman. Mr. Draper then continued his "reading" of the law in Boston Withprominent attorney, Charles Story. Attorney Charles Gilman attested to Edward Garrison
Draper's good and moral character. In 185 7, at the age of twenty-four, Edward Garrison
Draper sought admission to the Maryland Bar. Baltimore City Superior Court Judge
Zacheus Collins Lee administered the examination of Edward Garrison Draper. Judge Lee
found Mr. Draper to be "most intelligent and well informed in his answers to the questions
proposed by me, and qualiﬁed in all respect to be adm1tted to the bar in Maryland, if he
was acitizen ofstate." Despite Judge Lee's confidence in Edward Garrison
free'white
this.
Draper ability to practice law in the State of Maryland, he denied Mr. Draper's adm1s510n
to the bar. The denial was solely because Mr. Draper was Black.

The denial of admission to Edward Garrison Draper was not an isolated incident. Maryland
continued to deny admission to Black Americans who sought admission to the Maryland Bar. Even
though qualiﬁed Black candidates continued to petition for admission to the Bar of Maryland, it was
not until 1885 that the ﬁrst Black American was admitted to the bar. On October 10, 1885, Everett
J. Waring became the ﬁrst Black attorney admitted to practice in the courts of Maryland.
The time is always right to do what is right."

Dr. Martin Luther King Jr.

The Petition before the Court presents an opportunity to begin to remedy the years of injustice anddiscrimination Black attorneys are still facing today. The Alliance of Black Women Attorneys of
Maryland, Inc. respectﬁilly requests this Court grant the Petition to posthumously admit Edward
Garrison Draper to the Bar of Maryland. Such acknowledgement is not foreign, as several states
have already set the precedent for posthumous bar admissions.
Edward Garrison Draper's admission to the Bar of Maryland is long overdue.

Sincerely,

Durriyyah Hollimon
President

Alliance of Black Women Attorneys of Maryland, IncAPPENDIX

EXHIBIT 4

(AQ

Monumental City Bar
Association
822 Guilford Avenue, #425
Baltimore, Maryland 21202
Executive Board
President
Renita L. Collins Esquire
President Elect
Kendrick McLeod, Esquire

Secretary
Treasurer
Matthew Bradford, Esquire
Members-atLarge
Derrick Milburn, Esquire
Bryan Upshur, Esquire

NBA Representatives
Judge Lydie Glenn
Bryan Upshur, Esquire
Immediate Past President
Sakinah Tillman, EsquireCommittee Chairs
Judicial Nominations Committee
Renita L. Collins, E uire
Aaron DeGraﬂ'enreid , Esquire

Membershi
Renita L. &)llins, Esqu1re_Techno/0

Kendrick/Communicat_ions
cLeod, Esquu'eMarch 16, 2023
Supreme Court of Maryland
Robert C. Murphy Courts of Appeal Building
361 Rowe Boulevard, Fourth Floor
Annapolis, Maryland. 21401

Re: Support for Petition for Posthumous Admission of Edward
Garrison Draper to the Maryland Bar
Dear Supreme Court of Maryland,
I am writing on behalf of the executive board and membership of theMonumental City Bar Association in support of the Petition ﬁled by
Justice (ret.) John G. Browning seeking the posthumous admission of
Edward Garrison Draper to the Maryland Bar. As you may know, theMonumental City Bar Association was founded by pioneering
Maryland attorneys future Supreme Court Justice Thurgood Marshall,
Warner McQuinn, and W. Ashbie Hawkins in 1935. Since that time,
our membership has grown to include the country's most prominent
attorneys and judges. The mission of our founders and continuing to
the present time was and is to form a coalition of black lawyers
promoting justice for all people.

Therefore, in keeping with our history and mission, it is our honor to
support Justice Browning's petition. Edward Garrison Draper wasborn in Baltimore, Maryland to a ﬁee Black business owner and hiswife in 1834. He received his degree from Dartmouth College in
1855, 10 years before to the 13th Amendment abolished chattel slavery
in the United States. Although Mr. Draper's academic achievements
were vast, when Mr. Draper sought admission to the bar in 1855
Maryland did not require a college degree or law school education foradmission to the bar. Instead, Maryland only required that the person
seeking admission be 21, a citizen of Maryland, of good moral
character, and have engaged in a course of study of law for at least
two years. At the time Mr. Draper sought admission to the Maryland
bar he easily exceeded those qualiﬁcations. In addition to his
Dartmouth education, Mr. Draper was 24 years old, he had
apprenticed and studied for more than two years under respectedﬂMonumental City Bar
Association
822 Guilford Avenue, #425
Baltimore, Maryland 21202

Baltimore attorney Charles Gilman, and spent several months in Boston observing court
proceedings with prominent attorney Charles Storey. Mr. Draper's moral character was nevercalled into question. In fact, Superior Court of Baltimore City Judge Zachaeus Collins Lee
conducted Mr. Draper's oral examination and issued him a certiﬁcate establishing his
qualiﬁcations so that he could practice somewhere other than Maryland. The only noted
qualiﬁcation that Mr. Draper did not meet was his race. Mr. Draper was denied admission simply
because he was Black. In denying his application, Judge Lee found Mr. Draper "most intelligent
and well informed for his answers to the questions posed by me, qualiﬁed in all respects to be
admitted to the bar in Maryland, if he was a free white citizen of this state." Tragically, Mr. Draper
passed away in 1858 in Liberia.
It was not until 1885, when Everett J. Waring was admitted to practice in this state that Maryland's
racially restrictive bar admission policy was successfully challenged and Black Americans could
pursue legal careers in Maryland. The ﬁght continued on, in 1936 our co-founder, Thurgood
Marshall, successfully argued the case of Pearson, et al. v. Murray, 169 Md. 478, 182 A.2d 590(1936) before this Court and ended the University of Maryland School of Law's racially restrictive
admissions policy. The ﬁght to provide justice for our legal community and those we serve
continues to this day in a number of avenues, including Justice Browning's petition.

Therefore, we respectﬁilly request that this Court grant the Petition for Posthumous Bar Admissionbought on behalf of Edward Garrison Draper. His admission would right a historic wrong and islong overdue.

Respectfully,

f

61W)

h!

Renita L. Collins
Monumental City Bar Association President 2022-2023
822 Guilford Avenue, #425
Baltimore, Maryland 21202
renitalcollins@gmail.com

APPENDIX

EXHIBIT 5

mAmerican Boardof Trial Advocates
ABOTA National Ofﬁce

March 24, 2023

2001 Bryan Street
Suite 3000
Dallas, TX 75201(214) 871-7523

OFFICERS
President
Steven W. Quattlebaum

President-Elect
Andrea La'Verne Edney

Vice President

Chief Justice Matthew J. Fader
Supreme Court of Maryland

361 Rowe Boulevard
Annapolis, MD 21401

Justices of the Supreme Court of Maryland
Supreme Court of Maryland
361 Rowe Boulevard
Annapolis, MD 21401

RE: ABOTA supports Posthumous Admission ofEdward Garrison Draper tothe Maryland Bar

Jennifer H. Doan

Dear Chief Justice Fader and the Justices of the Supreme Court of Maryland:
Treasurer
S. Lester Tate, Ill

Secretary

On behalf of the American Board of Trial Advocates, I am contacting you
regarding the Petition ﬁled by Justice John G. Browning (Ret.) seeking
posthumous admission of Edward Garrison Draper to the Maryland Bar.

Corinne C. Hodak

ABOTA is an invitation-only national association of experienced trial

Executive Director
Brian W. Tyson

Associate Executive Director
Sarah N. Wahlert

lawyers and judges dedicated to the preservation and promotion of theSeventh Amendment to the U.S. Constitution, which guarantees the right tocivil jury trials. The Maryland Chapter of ABOTA has a long history of
supporting America's judicial system and the rule of law throughout thestate. ABOTA's primary goal is to educate the American public about thehistory and value of the right to trial by jury. The organization is dedicatedto elevating the standards of integrity, honor and courtesy in the legal
profession. Founded in 1958 with a membership of more than
7,300 experienced attorneys representing both the plaintiff and defense bars
in civil cases, ABOTA is uniquely qualiﬁed to speak to the necessity ofpreserving and protecting our constitutionallymandated jury system as theprotector of the rights of persons and property. The ABOTA Foundation wasestablished in 1991 to provide education to the American public about theright to trial by jury and to promote the professional education of trial
attorneys.

A vibrant and ever-evolving democracy demands collaboration by people
with diverse experiences and perspectives. ABOTA is committed toincreasing equity and promoting persons who have been historicallyunderrepresented in the profession of law and the participation in civil jury
trials. We support a diverse and inclusive civil justice system throughinitiatives on education, promoting the right to trial by jury, judicial
independence, and the rule of law.
ABOTA strongly believes that Mr. Draper is long overdue for admission into
the Maryland Bar. The fact that Mr. Draper, an Ivy League-educated Blackman in 1857 who met the requirements for admission to practice law inMaryland but for the color of his skin, was denied entry to the legal
profession remains a historic wrong that needs to be righted. Granting Mr.
Draper posthumous bar admission is supported by precedent ﬁ'om the highest
couIts in multiple other states.

Mr. Draper, the only child of a ﬁee Black business owner in Baltimore andhis wife, graduated from Dartmouth in 1855. At this juncture in American
history, only a handful of Black Americans had become lawyers, beginningwith Macon Bolling Allen in 1844. In those days, Maryland (like moststates) did not require a college degree or law school education for admission
to the bar, and there was no formal bar examination. An aspiring lawyer
merely had to be over 21 years of age, a citizen of Maryland, of good moral
character, and had to have engaged in the study of law for at least two years,
usually by "reading the law" under the tutelage of an older lawyer or judge.
Judges were empowered to exarnine a candidate themselves; in later years,
they would appoint an examining committee comprised of members of thelocal bar.
Mr. Draper met all of the requirements: he was 24 years old; had studied formore than two years under the tutelage of a well-respected Baltimore lawyer,
Charles Gilman (who also attested to Draper's good moral character); andhad even spent several months in Boston with prominent attorney Charles
Storey observing courtroom proceedings. The examining judge, Judge
Zacheus Collins Lee of the Superior Court of Baltimore City, found Mr.
Draper "most intelligent and well informed in his answers to the questions
proposed by me, and qualiﬁed in all respect to be admitted to the bar in
Maryland, if he was a free white citizen of this state." Judge Lee denied Mr.
Draper admission, solely because he was not white.

Mr. Draper moved to Liberia, hoping to put his legal training to good use,
but he died just over a year later, on December 18, 1858.
The denial of admission to Mr. Draper was not an isolated incident. After the
Civil War, other Black Americans applied for admission to the Maryland
Bar, including attorneys already licensed in other states, such as Charles
Taylor, an attorney licensed in Massachusetts who was denied admission inl 877 .

Maryland's racially-restrictive bar admission statute withstood legal
challenges until 1885 when Everett J. Waring was admitted to practice andMaryland became the last former slave state to acknowledge that the 14th
Amendment provided equal protection to Black Americans' rights to pursue
legal careers.

We respectﬁilly request that this Court grant the Petition for posthumous bar
admission brought on behalf of Mr. Draper, and that it consider similar
acknowledgement for Charles Wilson and other Black lawyers who weredenied admission to practice in Maryland solely on the basis of race. The
highest courts in other states have established precedent for such posthumous
bar admissions. Japanese American Takuji Yamashita, a University ofWashington Law School graduate who had passed the bar exam only to bedenied bar admission in 1902, was posthumously admitted by the
Washington Supreme Court in 2001. Black American George Vachon, who
was denied admission in Pennsylvania in 1847, was posthumously admitted
by the Pennsylvania Supreme Court in 2010. Chinese American Hong Yen
Chang, a Yale and Columbia Law School graduate who had passed the barand been licensed in New York but rejected by the California Bar in 1890,
was posthumously admitted by the California Supreme Court in 2013. In
2017, the California Supreme Court granted posthumous bar admission to
Japanese American Sei Fujii, a 1911 graduate of USC Law School. In 2019
New York's highest court granted posthumous bar admission to William
Herbert Johnson, who was Syracuse University Law School's ﬁrst Black
graduate in 1903 and yet was denied bar admission. And in 2020, theSupreme Court of Texas granted posthumous bar admission to J .H. Williams,
a Black man denied admission to the Texas Bar in 1882.

ABOTA is thoroughly supportive of the Petition. The Maryland Chapter andthe ABOTA Diversity of Membership Committee wholeheartedly

recommended support. The Spring 2023 issue of Voir Dire magazine, theﬂagship publication of ABOTA, is featuring the article, "Acknowledging theForgotten Firsts" by Justice Browning which describes many experiences ofthe earliest Black lawyers in this country.

Granting the Petition for Edward Garrison Draper's posthumous bar
admission would illustrate that justice delayed need not be justice denied. It
would right a historic wrong, and at a time in which the legal profession
continues to address its lack of diversity and inclusion it would represent
an important and overdue acknowledgement of the barriers that have beenplaced in the paths of aspiring attorneys of color. Please remedy this pastinjustice.
Respectﬁilly yours,

ﬁre amass
Steven W. Quattlebaum
National PresidentCC:

Justice John G. Browning (Ret)Alison D. Kennamer, Co-Chair, ABOTA Diversity of Membership
Committee

John Sweeney, Co-Chair, ABOTA Diversity of Membership
Committee
Gregory Hilton, Clerk, Supreme Court of Maryland
Thomas L. Kemp, President, ABOTA Maryland Chapter
Kevin McCarthy, National Board Representative, ABOTA Maryland
ChapterDavid G. Halpern, Co-Chair, Voir Dire Editorial Board
Lish Whitson, Co-Chair, Voir Dire Editorial Board
Brian W. Tyson, ABOTA Executive Director

APPENDIX

EXHIBIT 6

RE: Support for Petition for Posthumous Admission of Edward Garrison Draper to the
Maryland Bar

Dear Supreme Court of Maryland;

I am a retired judge of the Circuit Court of the Eighth Judicial Circuit of Maryland (Baltimore
City) and support the Petition which has been ﬁled by Justice (ret.) John G. Browning seeking
posthumous admission of Edward Garrison Draper to the Maryland State Bar.
I attended the University of Maryland School of Law (nka the University of Maryland King
Carey School) and in 2017, I became the ﬁrst woman Chief Judge of the Circuit Court for
Maryland, Eighth Judicial Circuit. After hundreds of discriminatory practices targeting blacks
and women and legal battles ﬁghting obstacles to the bench and legal profession, it wasn't until
2017 that a woman had served long enough in the Circuit Court for Baltimore City to be the mostsenior jurist and therefore, was honored with the title, Chief Judge. This would be the highlightof my legal career.

After being a member of the Maryland State Bar for 40 years and serving on the bench foralmost 21 years, I am outraged to ﬁnd that a highly credentialed individual like Edward Garrison
Draper was never admitted to the practice of law in Maryland but I am not surprised. Obstacles
existed for me as I pursued a law degree and served as a member of the judiciary ﬁom the 703
until present day. Mr. Draper was an Ivy League-educated man and met all of the requirements
for admission to practice law in Maryland but for the color of his skin. Mr. Draper pursued
admittance to the Bar in 1857, one hundred years before I was born. At that time, he was denied-

entry to the legal profession in Maryland Where I would later be admitted to practice in 1983 andbecome Chief Judge. Why was he denied admittance ? The sole reason was that Mr. Draper wasa Black man. This was an injustice that must be corrected by this Court if only posthumously.
-

There is a historical stairi on the legal profession in Maryland that needs to be removed. The
State of Maryland can and should grant Mr. Draper admission to the Bar of the State of
Maryland. At the time when Mr. Draper sought admission, many well known attorneys spoke of
his knowledge and legal skill. He had received an excellent education from top schools like
Dartmouth, an unusual occurrence for a Black man at that time. Judge Zacheus Collins Lee of
the Superior Court of Baltimore City, observed that Mr. Draper was a "most intelligent and wellinformed individual in his responses to questions proposed, and qualiﬁed in all respect to be
admitted to the bar in Maryland, if he was a free white citizen of this state." It is for that reason
only that Judge Lee denied Mr. Draper admission. The singular requirement Mr. Draper could
not meet, was that he was not white. The racially-restrictive statute stood as the singular obstacle
to Mr. Draper's admission and the admission of many others to the Maryland State Bar.
Unfortunately, Maryland's racially-restrictive bar admission statute withstood legal challenges
until 1885, when Everett J. Waring was admitted to practice in Maryland. Mr. Draper died in1858 in Liberia and would never see this admission occur. Maryland needs to make this"wrong" right.

I wholeheartedly support this Petition and respectfully request that this Court grant the Petition
for posthumous bar admission of Edward Garrison Draper. Further, I ask that the Court consider

similar acknowledgements of Charles Wilson and other Black lawyers who were denied
admission to practice in Maryland solely on the basis of race.

The time has come. Please, no further delay or excuse. Admit Edward Garrison Draper,
posthumously, to the practice of law in Maryland.

Respectﬁilly Submitted,
Wanda Keyes Heard

Chief Judge, Eighth Judicial Circuit of Maryland (retired)
807 Winans Way, Baltimore Maryland 21229 wkheard@gmail.com

f