Macon Bolling Allen, A Legal Pioneer
Allen is the First Known African American Lawyer
February 6, 2023
To celebrate and honor Black History Month, Jackson Kelly highlights Pillars and Pioneers of the Black Legal Community. These men and women distinguished themselves in a profession that was, at times, not even legal for them. We open with the first known African American lawyer, Macon Bolling Allen.
Born in 1816 in Indiana, Allen Macon Bolling changed his name to Macon Bolling Allen in 1844. He began studying the law in Portland, Maine under an attorney and local abolitionist, General Samuel Fessenden. The Portland District Court rejected Fessenden’s motion for admission to the bar citing Macon’s Massachusetts’s citizenship. Allen pursued admission by examination, proving his qualifications and earning his license to practice law in Maine on July 3, 1844.
Allen moved to Boston, Massachusetts in 1845. In October1845, Allen tried a contract dispute in front of a jury, becoming the first Black lawyer to argue in front of a jury.
Allen struggled to make a living as an attorney, wondering in a letter to John Jay, Jr. whether he would have an easier time finding clients in New York City with its larger Black population. Instead, Allen passed a rigorous qualifying exam for Justice of the Peace in Middlesex County, Massachusetts, becoming the second Black person to hold judicial position in the United States.
Following the Civil War, Allen moved to Charleston, South Carolina, opening a law office with William Whipper and Robert Elliott, creating the first Black law firm of Whipper, Elliott & Allen.
The state legislature elected Allen Judge of the Charleston County Criminal Court in 1873 and in 1876 he was elected as the Probate Judge in Charleston County. After Reconstruction, Allen moved to Washington, D.C., working as an attorney for the Land and Improvement Association. He practiced until his death in1894 at the age of 78. Following his death, the National Bar Association honored him for his lifetime of firsts and groundbreaking achievements.
We at Jackson Kelly want to honor him and to recognize his greatness and bravery. We are thankful for his path, and hope that his career serves as both a valuable history lesson and an inspiration to many, including those of us at Jackson Kelly.
