By: Christopher Gazzio
The year was 1844, 16 years before the start of the Civil War. The fastest method of communication was a telegram and slavery was running rampant throughout the United States. That same year Macon Bolling Allen would become the first African American to receive his license to practice law in the United States. He would then go on to be the first African American to hold a judicial position as well as the first African American entrepreneur to open his own law practice. Post-Civil War Allen would go down to South Carolina where he would play a vital role in the reintegration of the Confederacy with the United States during the Reconstruction Period. Allen’s life can be used to demonstrate how individuals can alter the path of history at the grassroots level long before Congress or even the President have the desire or courage to do so.
Passing the bar
Macon Bolling Allen whose birth name was actually Allen Macon Bolling, was born in Indiana on August 4th, 1816. Although Indiana was a free state, they were not welcoming to African American individuals. In 1831, the state required the registration of all African Americans and required them to post bond asserting that they would not cause any mischief. In 1844 Allen made his way to Maine where he befriended a local abolitionist and attorney by the name of General Samuel Fessenden. Impressed with his intelligence, General Fessenden took Allen under his wing as an apprentice. Within four years Allen had become so proficient that General Fessenden praised Allen before the District Court and proposed that Allen be admitted to the Maine bar. Hopes were high because supposedly Maine law allowed anyone “of good moral character” to be admitted to the bar. Despite this, Allen was harshly rejected because as an African American, he was not considered a citizen of Maine. This didn’t deter him from pursuing his dreams and he requested to be admitted by examination. After he passed the exam, and alongside a glowing recommendation from his mentor, he was declared a citizen of Maine and admitted to practice law on July 3rd, 1844 at the age of 27.
With Allen’s admission to the Maine bar, African Americans were finally able to receive representation in court. Being able to assert claims on behalf of African Americans helped reform society in ways that would have likely been delayed without adequate representation. Although he was making a difference, Allen was still struggling financially. This is because many white Americans were unwilling to have an African American man represent them in court.
Life in Boston
This caused him to walk over 50 miles from Maine to Worcester, Massachusetts in order to take the Massachusetts bar exam. Once he was admitted to the bar in May of 1845. Allen settled in Boston where he attempted to procure enough legal work to sustain a living. While there, Allen partnered with Robert Morris Jr. and opened up the first African American law firm in the United States. During this process, he came to the realization that the community in Boston, Massachusetts was not all that different from the community in Portland, Maine.
Striving for more, Allen completed yet another strenuous exam and eventually was appointed Justice of the Peace in Middlesex County. During his tenure as a Justice of the Peace, he was in charge of simple court cases and managing local administrative applications within the county. Now he was not only the first African American Attorney in the United States, but he was also the first African American judicial official. In 1847, Allen was considered to serve as the first Attorney General of Liberia. Although he kindly stated that he was not interested, he vowed to do whatever was necessary to find an adequate candidate. Allen was passionate about his cause and believed he would have a greater impact in the United States.
taking a stand
In 1868, after the end of the Civil War, Allen moved to Charleston, South Carolina alongside fellow attorneys William J. Whipper and Robert Brown Elliot. Here the men established the first known African American Law Firm called Whipper, Elliot, & Allen. In 1872 Allen ran for Secretary of the State. Although he was unsuccessful, his campaign inspired many African Americans across the country to pursue a career in politics. While in Charleston, Allen was elected Judge of Charleston County Criminal Court in 1873 and later was elected as the Probate Judge in Charleston County in 1876. During this period in his life, the Confederacy was being reintegrated into the Union and they were struggling to establish the legal status of African Americans. Allen played a key role by taking a stand against corruption and heavily advocating for reform during the Reconstruction Period.
After the Reconstruction Period, Allen moved to Washington, D.C. where he began working for the Land and Improvement Association. He worked in this position for the remainder of his natural life until he passed on October 10th, 1894 at the age of 78. After his death, the National Bar Association honored him for his groundbreaking work as both the first African American attorney and the first African American to hold a judicial position as well.
conclusion/contributions
Macon Bolling Allen kick-started the movement for diversity within the legal community. Despite facing a plethora of racial prejudice early on in his career, he persevered and kept finding ways to prove himself in the field. Not only was he a devoted lawyer, but he was also extremely active in politics as well. With his skillset, Allen was able to aid in the abolition of slavery and was a key player advocating for reform during the Reconstruction Period following the Civil War. Allen noticed the social injustices, which were regular practice during the time, and forged his own path for a better future.
Chris Gazzio, at the time of this post, is a second-year JD/MBA student at Penn State Dickinson Law. He is from Hershey, Pennsylvania, and is a graduate of Wingate University (NC). Chris is interested in pursuing a career in tax and estate planning. He is also a Research Assistant to Professor Samantha Prince.
Sources
https://www.theadventboston.org/ABOUT-US/ADVENT-175/MACON-BOLLING-ALLEN-1816-1894/
Photo Sources
https://www.theadventboston.org/about-us/advent-175/macon-bolling-allen-1816-1894/
https://aaregistry.org/story/americas-first-black-lawyer-macon-b-allen/
https://blackartblog.blackartdepot.com/african-american-history/9-facts-macon-bolling-allen.html
https://www.mainememory.net/artifact/4153
