John McLean ALS and Newspaper with Opinion of Landmark Dred Scott Case

A pair of items relating to John McLean and his involvement in the Dred-Scott case, including an issue of the "New York Tribune" and an autograph letter signed. The newspaper, Vol. XII, No. 1230, is dated March 10, 1857 and contains McLean's Opinion made on the Dred Scott Case. The letter, dated March 20, 1829, is signed "John McLean" and addressed to the President of Branch Bank U.S. McLean submits his resignation from the bank due to him being out of town for an extended period of time. Both the letter and newspaper have flattened folds with uneven toning, soiling, and foxing. The letter is boldly signed. The top of the newspaper has been signed by a prior owner, Dr. Burton. Overall the pair are in very good condition.

Further information about each piece:
1. "New York Tribune" Issue Vol. XII, No. 1230. 8pp, measuring 16.25" x 22", New York, dated March 10, 1857. McLean's Opinion reads in part: "…In the argument it was said that a colored citizen would not be an agreeable member of society. This is more a matter of taste than of law. Several of the States have admitted persons of color to the rights of suffrage, and in this view have recognized them as citizens; and this have been done in the Slave as well as the Free States…The Supreme Court of Missouri refused to notice the act of Congress, or the Constitution of Illinois, under which Dred Scott, his wife and children, claimed that they are entitled to freedom…The Missouri Court disregards the express provision of an act of Congress, and the Constitution of a sovereign State, both of which laws for twenty-eight years it had not only regarded but carried into effect. If a State Court may do this, on a question involving the liberty of a human being, what protection do the laws afford. So far from this being a Missouri question, it is a question within the 25th section of the Judiciary act, where a right to Freedom being set up under the act of Congress and the decision being against such right, it may be brought for revision before this Court from the Supreme Court of Missouri. I think the judgment of the Court below should be reversed."

2. Autograph Letter Signed "John McLean." 1p, measuring 7.75" x 9.5", Washington, D.C., dated March 20, 1829. Addressed to Samuel H. Smith Esq., President of the Branch Bank of the United States. Reading in full: "As I shall leave this city in a few days for the Western Country and shall not return until January next, it may be proper to tender my resignation, as a Director of the Branch Bank at this place. If, however, the Principal Directors shall prefer my continuance, under the above circumstances, until next winter. I have no objection to do so."

John McLean (1785-1861) held two prominent positions in two branches of government during his career: U.S. Postmaster General between 1823-1829; and Associate Justice of the U.S. Supreme Court from 1829 until his death in early April 1861. McLean became known for his anti-slavery beliefs and was the sole dissenter in the fugitive slave case of Prigg v. Pennsylvania and one of only two justices to dissent in the landmark Dred Scott case.

This item comes with a Certificate from John Reznikoff, a premier authenticator for both major 3rd party authentication services, PSA and JSA (James Spence Authentications), as well as numerous auction houses.

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