Wirt required the questions to be written out in proper form
before he could answer them. Mr. Grice employed Tyson, who drew up a
series of questions, based upon the Constitution of the United States,
and relating to the rights and citizenship of the free black. He
carried the questions to Mr. Wirt, who, glancing over them, said,
"Really, sir, my position as an officer under the government renders
it a delicate matter for me to answer these questions as they should
be answered, but I'll tell you what to do: they should be answered,
and by the best legal talent in the land; do you go to Philadelphia,
and present my name to Horace Binney, and he will give you an answer
satisfactory to you, and which will command the greatest respect
throughout the land." Mr. Grice went to Philadelphia, and presented
the questions and request to Horace Binney. This gentleman pleaded age
and poor eyesight, but told Mr. Grice that if he would call on John
Sargent he would get answers of requisite character and weight. He
called on John Sargent, who promptly agreed to answer the questions if
Mr. Binney would allow his name to be associated as an authority in
the replies. Mr. Binney again declined, and so the matter fell
through. This is what Mr. Grice terms his "Dred Scott case" and so it
was.
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