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FROM the first settlement of the old Province, afterwards District, and now STATE OF MAINE, until the year 1760, it formed only one county, viz. York ;-for the very short period, when the terrritory granted to Sir Ferdinando Gorges had the name of New Somerset-shire, cannot come under notice here. There are records of Judicial Courts in Maine as ancient as 1636, and these suppose others, perhaps a year or two older, which are, probably, forever lost.

The compiler of the above table, having recently had occasion to examine these antiquities of York county, has ascertained, as he believes, the names of all the oldest lawyers, who practised in Maine, which the records disclose. He has therefore given them their chronological places in the table, with all the particulars concerning them, which he has been able to glean. This may save some labor to the gentleman who may furnish statistics of the York Bar, to which indeed these names, six in number, more properly belong. They are inserted here, because it may be found useful in preparing a table for the latter county.

In 1760 the legislature of Massachusetts, of which Maine then constituted a part, erected two new counties, thereby dividing Maine into the counties of York, Cumberland, and Lincoln. Since which period, no names, except of those members of the profession who have resided in Cumberland, are inserted. Many others have been admitted to the practice in this county, who have never resided in it;-such are considered as belonging to the counties where they are respectively located.

Much time and labor have been devoted to the object of rendering this table as perfect as possible ;-that it is entirely correct would be too much to hope. It is believed, however, that it will not be found to contain many errors of importance.

Offices of honor, and important trust, have been held, and ably sustained, by many members of the Cumberland Bar; but the table will not admit a designation of any, except those which are allied to the legal profession.

At the earnest request of the editors, the compiler has added a very few brief biographical notices of deceased members of the Cumberland Bar, from such materials as came immediately to hand. He regrets that they must be written in much baste, and much he fears that he shall not be able to do justice to the subject, even in his own opinion.

THOMAS GORGES, the first lawyer in Maine, to whom the community seem to have been much indebted for his efforts to enlighten the ignorance of early times, came from England, where he was educated, and was of the Inns of Court, in 1640. Tradition speaks very favorably of him. He returned to England in 1642 or 1643. He was the first mayor of the city of Gorgiana, formerly called Agamenticus, and afterwards York. NOAH EMERY, of Kittery, is the next lawyer mentioned in our ancient records. He was the great grandfather of Hon. Nicholas Emery, now an Associate Justice of the Supreme Judicial Court of Maine. Mr. Emery was a cooper, and followed that employment until excessive corpulency rendered him unable to pursue it. He entered upon the study of law, but under whose superintendence tradition has not informed us. Aged persons state that his legal acquirements were very respectable. His last will and testament, probably drawn up by himself, bears the stamp of professional ability, and shows him to have been a man of competent estate in his time. He died in 1762. The place of his birth has not been ascertained, but he is generally considered as having belonged to Kittery. It is supposed that he was between 60 and 70 years old at his death.

CALEB EMERY, supposed to be a cousin of the next preceding, also lived in Kittery, where probably he was born. He seems to have succeeded to the professional business of his relative. Under whom, or in what manner, he was qualified for the Bar, is not ascertained. The earliest notice of him in the York Records appears to be in 1761, when he was appointed Attorney for the King, at October Term of the Inferior Court. Mr. Emery was a man of plain manners, principally engaged in agricultural pursuits. He discouraged litigation among his neighbors, as much as he could, and sought to effect a compromise of their differences. He seems not to have been much employed as an advocate; that part of the professional duties of his time being probably performed by able speakers from abroad, who occasionally attended the courts. Mr. Emery gradually withdrew himself from the practice to devote his attention to the calm retirement of his favorite pursuit of agriculture.

WILLIAM CUSHING, LL. D., was born in Scituate, Ms., in March, 1732, graduated at Harvard College in 1751, and studied law with Jeremiah Gridley. He settled at Pownalborough, now Dresden, where he practised with great success. He was the first Judge of Probate in Lincoln county. He was appointed Chief Justice of Massachusetts in 1777, and transferred to the Supreme Court of the United States in 1789, which office he held until his death in 1810. He was Vice President of the Convention of Massachusetts, which ratified the Federal Constitution, and presided in it during a great part of its session. His long life was spent in the public service, and was marked by great industry, and integrity, for which, it has been said, that he was even more distinguished, than he was for brilliancy of talents. He was remarkable for great simplicity and purity of

manners.

DAVID SEWALL, LL.D. was born in York, 1735, graduated at Harvard College in1 755, and pursued his legal studies with Judge Parker, at Portsmouth, N. H. He commenced practice about 1759, in his native town, and pursued it with success, until he was appointed an Associate Justice of the Superior Court in 1777. In 1789 he was appointed Judge of the United States Court for the District of Maine. This Court was clothed with the powers incident to Circuit Courts, so that capital cases were cognizable before Judge SEWALL. There was a trial and conviction for murder and piracy in his court, and he pronounced sentence of death on the convict, which was executed. Probably this was the first capital conviction in any court of the United States. The character of Judge Sewall is marked by numerous instances of active benevolence. His unassuming deportment, social disposition, and amiable manners, are proverbially remembered; and many probably are now living, who once felt the hard pressure of poverty, and have reason to associate the name of Sewall with grateful feelings, and to bless the memory of a generous benefactor. He died Oct. 22, 1825, aged 90.

JOSEPH STOCKBRIDGE was born in August, 1737, (the memorial does not state where,) graduated at Harvard College in 1755. It is not known where he pursued his legal studies. It appears by the only memorial I find of him, that he practised law in Maine, (probably in North Yarmouth or Falmouth,) in 1760, and part of 1761. He had little opportunity to exhibit his talents, or acquirements, for he died within a year after he commenced the practice. Mr. Stockbridge was the first Register of Probate in Cumberland County.

THEOPHILUS BRADBURY of Newbury, Ms., graduated at Harvard College in 1757. He was admitted to the Bar at the first term of the Inferior Court in Cumberland, in 1761, and immediately entered into practice in Falmouth, now Portland. Mr. Bradbury instructed a school while he was a student-hence, it is supposed, that he studied law in Maine-perhaps, under the direction of William Cushing. Mr. Bradbury soon became eminent, both as a counsellor, and as an advocate. In the time of the American Revolution he removed to Newburyport, where his reputation followed him, and he was eminently successful. In 1763, he was appointed a collector of the excise, and discharged the duties of that office several years in Falmouth. In 1796, he was elected a member of Congress in Essex County, Ms.; and in 1797 he was appointed an Associate Justice of the Supreme Judicial Court of Massachusetts. He died in 1803, aged 64.

DAVID WYER was born in Charlestown, Ms., was the son of a ship-master. He graduated at Harvard College in 1758, where he studied law has not been ascertained; but as he instructed a school in Falmouth before his admission to the practice, it may, perhaps, be presumed, that his legal studies were directed by some gentleman in Maine. Some have supposed that he pursued his studies under the direction of James Otis. He was admitted to the practice of law at October term of the Inferior Court in Cumberland, 1762.

THEOPHILUS PARSONS, LL. D. was born at Newbury, Ms., Feb. 24, 1750, graduated at Harvard College 1768, was a student of Theophilus Bradbury, and instructed a school in Falmouth, then Portland, while he pursued his legal studies. It is said, that he employed every moment of his leisure to qualify himself for that unrivalled excellence to which he was destined to arrive, and which distinguished him, among all his contemporaries, by the appellation of the Giant of the Bar. He was admitted to practice in 1774 in Cumberland county, and practised, first in Falmouth, now Portland, but in the latter part of 1776, he removed to Newburyport, Massachusetts, but still continued to practise in the courts in Falmouth, where he was often employed to oppose his legal preceptor. He was one of the Committee of Safety in 1775, at the age of 24, in conjunction with others, all of whom were several years his seniors. In 1777, he was one of the delegates of the County of Essex to consider the constitution formed by the Legislature, and he drew up the celebrated report called the Essex Result. In 1780, he was a member of the Convention, which formed the Constitution of Massachusetts, which was afterwards adopted, and he was one of the most efficient members of that body. He was also one of the Convention, which accepted the Constitution of the United States, and exerted a

powerful, and beneficial influence to procure its adoption. In 1800, he removed to Boston, where, among many able and distinguished lawyers, he held the first rank. In 1806, he was appointed Chief Justice of Massachusetts, and continued in that office until his death, in September, 1813, in the 63d year of his age. To state that Mr. Parsons's legal learning and talents were unrivalled among those who were of distinguished eminence in the profession, is but to point out one trait of his character. He was a universal scholar, and eminent in most branches of learning. It is remarked of him, that when in company with men of science, he always conversed upon the particular science to which each had principally directed his attention. To the learned divine he always appeared to have a deep and profound knowledge of theology. With the professor of mathematics, he could at once enter upon the most abstruse branches of that science, and manifest to his astonished auditor a depth of learning to which many professors never arrive. Few metaphysicians would dare to enter the list of controversy with him. If the subject of conversation were anatomy, medicine, chemistry, natural philosophy, or natural history, Mr. Parsons was always at home, always profound. He appeared to be acquainted with all the minutiae of mechanical employments; and nothing useful, which passed under his notice, escaped the critical examination of a mind, which, as if by intuition, seemed at once to penetrate all its principles, and all its ramifications. This is but a very imperfect delineation of Theophilus Parsons-to do full justice to his character demands an abler hand.

JOHN FROTHINGHAM was born in Charlestown, Ms., graduated at Harvard College in 1771, pursued his legal studies under Theophilus Bradbury, and was a fellow student with Mr. Parsons. Mr. Frothingham was admitted to the practice at the Inferior Court, in Cumberland, March term, 1779. There was so little practice at that period, that Mr. Frothingham united with his professional employment the duties of a schoolmaster in Falmouth during several years. He was appointed Inspector of Excise for Maine District. He pursued his legal employment with the confidence of his clients several years. In 1804, he was appointed a Justice of the Court of Common Pleas, which office he held eight or nine years, until the late Circuit Court of Common Pleas was organized. He held several other offices, and faithfully discharged their duties, and it is an unequivocal proof of the confidence, which those who best knew Mr. Frothingham reposed in him, than he held the office of Town Clerk more than thirty years. He was a repre

sentative of Portland in the Legislature of Massachusetts in 1786. He was Register of Probate for Cumberland County ten or twelve years. During several of his last years he was blind. Mr. Frothingham ever sustained the character of an amiable, and an honest man; and he deserved it.

SALMON CHASE was born in Sutton, Ms. July 14, 1761, and removed with his father to Cornish, N. H. in 1765, graduated at Dartmouth College in 1785, and pursued his legal studies with Judge Sherburne, Portsmouth, N. H. He came to Portland in 1789, and was admitted to the Bar at October term of the Cumberland Court of Common Pleas in that year. He commenced his practice at Portland, and continued there until his death, Aug. 10, 1806, at the age of 45. Mr. Chase was not only an able lawyer; he was also well versed in all the branches of solid learning. He was not distinguished as a belles lettres scholar; but in legal science, and in mathematical and metaphysical learning, he had few superiors. He rose to high rank in his profession; but he was much more distinguished as a learned and safe counsellor, than as an advocate. In the social circle, few were able to cope with Mr. Chase in argument, upon the various subjects of his learning; but he was not equally successful, when he exercised his talents as an advocate at the bar. But he was held, by all his cotemporaries, in very high respect as a lawyer; and was by many familiarly called "the great gun " of the Cumberland Bar. Mr. Chase always enjoyed the unbounded confidence of his clients; and his death was much lamented by the community. He was one of the United States Commissioners of Bankruptcy, in Maine.

SAMUEL COOPER JOHON NOT was born in Boston, graduated at Harvard College in 1783, after which he spent some considerable time in Europe. He pursued his legal studies in the office of the late Governor James Sullivan, in Boston, was admitted in Suffolk County, Ms.; and, according to the record, was also admitted in Portland, the same year, viz. 1789. Mr. Johonnot possessed great wit and vivacity, with much literary talent. His satirical powers rendered him dangerous to those, who fell under his censure or his displeasure, and ultimately proved injurious to himself; for, entering into a newspaper controversy upon the subject of a political election, his satire bore very severely upon several of the most considerable persons in Portland; and their resentment rendered his longer stay so perilous, that he found it necessary to make a hasty removal. His talents promised much in his favor as an advocate. What he might have become as a lawyer, he had not sufficient opportunity to prove, for he resided in Portland only about two years. Mr. Johonnot afterwards removed to Havanna, where he was appointed American Consul, and accumulated a handsome estate in commercial pursuits.

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