The Law, Before Belonging
- Feb 17
- 2 min read
Before Black Americans were widely recognized as citizens, Macon Bolling Allen pursued the law in a nation that questioned his right to practice it at all.
Macon Bolling Allen, born Allen Macon Bolling, came of age in the early nineteenth century when legal authority was largely inaccessible to Black Americans. His pursuit of the law unfolded within a profession that challenged not only his qualifications, but his standing to belong.
Allen moved to Portland, Maine, where he studied law while working for abolitionist attorney Samuel Fessenden. Fessenden petitioned for Allen’s admission to the bar, but the request was rejected. Allen was not denied for lack of preparation; he was denied because Black Americans were not widely recognized as citizens eligible to practice law.
Allen sought admission again by examination. The process was hostile, and he did not pass. Undeterred, he petitioned once more and, in 1844, was granted a license to practice law in Maine, becoming the first African American lawyer in the United States. Even then, racial prejudice made it difficult for him to secure clients or sustain a legal practice.
In 1845, Allen relocated to Boston and was admitted to the Massachusetts bar. That same year, he became the first African American known to argue a case before a jury, handling a contract dispute. Despite this milestone, professional opportunity remained limited, and legal success did not ensure economic stability.
After passing a rigorous examination in Middlesex County, Massachusetts, Allen was appointed justice of the peace, becoming only the second African American to hold a judicial position in the United States. His authority, however, remained constrained by the racial boundaries of the era.
Following the Civil War, Allen moved south during Reconstruction and opened a law firm in South Carolina with two other Black attorneys, forming the first African American law firm in the country. In 1873, he was elected judge of the Charleston County criminal court, and in 1876, he was elected probate judge for Charleston County, defeating a white incumbent. He later relocated to Washington, D.C., as Reconstruction gave way to retrenchment.
Allen’s legal career unfolded before citizenship, professional security, or judicial protection were guaranteed, laying early groundwork for Black authority within American law.
