In honor of Black History Month, the VTLA Diversity and Inclusion Alliance shares the story of the first African American attorney in the United States, Macon Bolling Allen.
MACON BOLLING ALLEN 1816-1894
Macon Bolling Allen, born Allen Macon Bolling, was born in 1816 in Indiana, and grew up as a free man. He taught himself to read and write, and initially held his first job as a teacher. At that time, Indiana was not a place for African Americans. Article 13 of the Indiana Constitution, ratified in 1851, provided “No Negro or Mulatto shall come into, or settle in, the State, after the adoption of this Constitution.” The legislature further decreed in 1843 that “colored students” could not attend public schools. Allen knew that there was no way for him to be successful with these limits, so in the early 1840s (when he was around 28 years old) he moved from Indiana to Portland, Maine. There he met General Samuel Fessenden, a Caucasian lawyer, and they became great friends. General Fessenden was a lawyer in Portland, a Massachusetts state legislator, and one of the founders of the Portland Anti-Slavery Society. He had a law practice, and Allen became his apprentice/law clerk. Fessenden knew that Allen had what it took to become an attorney, and he petitioned the Portland District Court for his admission. The Court refused his petition on the grounds that he did not meet the citizenship requirement, although anyone of good moral character could be admitted to the bar. Allen decided to obtain admission by examination, which did not require citizenship. This examination process was before an examination committee. Fessenden was convinced the committee did not want Allen to be admitted, as he withstood a hostile examination process. Allen’s qualifications could not be denied, and on July 3, 1844 he was granted a license to practice law in Maine, making him the first African America lawyer.
Allen married his wife Hannah in Boston, Massachusetts and had five children. They all became school teachers.
It was difficult for Allen to find work in Maine, as there were few black residents there that were able to hire him, and most whites were unwilling to have an African American man represent them in court. He moved to Boston, Massachusetts in 1845 and joined the Suffolk County bar. There, he reached another milestone by becoming the first African American lawyer to conduct a jury trial. It was a contract case where Allen represented the defendant. The jury found for the plaintiff; however, they awarded less damages than the plaintiff requested which in many cases can be seen as a small victory. He opened the first black law office in the United States along with Robert Morris, Jr. another African American attorney.
Clearly, all of those accomplishments were not enough, and Allen decided to set his sights higher. He passed another rigorous exam to become the first African American Justice of the Peace for Middlesex County, Massachusetts. He is believed to be the first African American to hold a judiciary position.
He later moved to Charleston, SC after the Civil War to open another legal practice with two other African American lawyers. The firm was called Whipper, Elliott and Allen and is the first known African American law firm in South Carolina. In 1873 Allen was appointed Judge in the Inferior Court of Charleston Criminal Court. A year later he was elected as a probate judge for Charleston County defeating the white incumbent.
After Reconstruction, Allen moved again to Washington, DC where he worked as the attorney for the Land and Improvement Association. He continued to practice until he passed at 78 years old. He was survived by his wife and one son.
Allen has been honored by the National Bar Association for 50 years of legal service, and a Civil Rights clinic in Boston is named after him.
The story of Macon Bolling Allen encourages us to strive to greatness no matter the obstacles. We too, can have a seat at the table, or on the bench, or even in the White House. It is a welcoming reminder of the tenacity and grit that we all must have in order to reach our goals. Because he did, we can.
- Written by VTLA DIA committee member, Trenita Stewart.
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