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Historic Ruling 166 Years After Denial Based on Race
In a significant and long-overdue development, the Maryland Supreme Court posthumously admitted Edward Garrison Draper to the Maryland State Bar on Thursday. This landmark decision comes 166 years after Draper was unjustly denied due to his race. This article provides an overview of the case and its historical significance.
A Long Overdue Justice
Edward Garrison Draper, an 1855 graduate of Dartmouth College, made history as the “earliest known individual” to be denied admission to the Maryland Bar solely because of his race. In 1857, a Baltimore judge stated that Draper would have been “qualified in all respects” to join the bar if he were a “free white citizen of this state.” This denial represented a grave injustice.
The Pursuit of Equality
Justice Angela Eaves of the Maryland Supreme Court emphasized the timelessness of justice during a special session of the high court. She noted, “There is no expiration to do the right thing, even when more than a century and a half has passed.” This ruling signifies the state’s commitment to rectifying past wrongs.
Distinguished Attendees
Several prominent figures attended the historic session, including Governor Wes Moore, Maryland’s first Black governor, and State Attorney General Anthony Brown, the first Black individual to hold this role. Their presence underscored the significance of this event in Maryland’s history.
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Champions of Justice
The posthumous admission of Edward Garrison Draper was made possible through the dedication and advocacy of several individuals. John Browning, a former Texas appellate judge and current partner at Spencer Fane, was instrumental in bringing Draper’s case to light. Domonique Flowers, a lawyer with the Maryland State Bar Association’s pro bono arm, and Jose Anderson, a law professor at the University of Baltimore, played pivotal roles in pursuing justice.
The Liberian Dream
Edward Garrison Draper’s journey toward becoming a lawyer was marked by resilience and determination. In 1832, an oppressive state law prevented anyone but white men from practicing law in Maryland. Nevertheless, Draper presented himself for examination before Baltimore Superior Court Judge Zaccheus Collins Lee in the hopes of becoming a lawyer in Liberia.
Although Lee ultimately denied Draper admission to the Maryland bar, he issued a certificate to Draper on October 29, 1857, with the intent to “promote his establishment and success in Liberia at the bar there.” Draper and his wife sailed to Liberia six days later. Tragically, he contracted tuberculosis and passed away on December 18, 1858, just two weeks before his 25th birthday. Regrettably, little is known about Draper’s legal career in Liberia.
A Historic Milestone
This ruling is a pivotal moment in Maryland’s legal history, and it rectifies an unjust denial that occurred more than a century and a half ago. Notably, the first Black lawyer to be admitted to Maryland’s state bar was Everett Waring in 1885, making Draper’s case a vital milestone in the ongoing struggle for racial equality in the legal profession.
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