Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1921-01-13

had just been closed, turned their faces
and their steps toward the duties of
another century and the dawn of an
other day.
A CENTURY OF. THE BAR OF
Namely Hon. John f. Sprague
OF Dover. delivered at the morning
exercises at the court house.
"Mr. President and Gentlemen of
the Maine Bar Association: Your
co:nmittee urged me into what seemed
to me great and almost impossible
undertaking. Its magnitude was dis
couraging. Having had faint Wis
ion of what ought to be done in this
regard in the interest of historical ac-
curacy and realizing how rudimenta-
ry my efforts must necessarily be.
my fear. perhaps, has been accen-
tuated and my ardor dampened. At
least l feel an embarrassment about
it. For it is obvious that if one were
to write an accurate historical sketch
of the Bar of Maine for the past CEN
fury, such one would have produced
history not only of the bar, but of
the State as well. This is automatic
because the life and duties of the
lawyer have ever been indissolubly
interviewer with the entire civic and
industrial development of Maine as
province. district and State"
In 1886 Sir Ferdinando Gorges
sent over his nephew, Capt William
his province and to establish his au-
thority there. The deputy held his
first court at Saco on March q OF
that year. This was the first legal
| tribunal constituted by authority
that was held in Gorges' territory.
His cousin. Thomas Gorges, was APP
pointed Deputy Governor and arrived
at his province in 1910. Up to this
time there is no record of any lawyer
in Maine. The forms of procedure
were of the simplest character and
the absence of lawyers is verified by
the court records being entirely free
from all technicalities in both plead
! ings and verdicts.
I'm the early days Of the Pilgrim
and Puritan the minister was the
counselor in nearly all temporal as
well as spiritual matters and the
his domination. There was no period
in the early history of Maine prior to
i, 1900 when the lawyer seemed to take
his proper place, as has since been
the case in community affairs and
social development. In those times
many of the judges were laymen.
Perhaps the most notable instance of
this was that of Sir William Pep
/ PERIL who in 1880 was appointed
Chief Justice of the Court of Com
mon Pleas for the Massachusetts
colony. He was not lawyer and
had received only an ordinary educa-
ton. His success as a judge may be
measured by the fact that he con-
tinucd to hold the office of Chief Jus
tice until, his death in 1859 And yet
the history IF that period discloses
! the fact that the members of the pro-
fession before and during the Revo-
luton aided greatly in preserving law
! and order in the District of Maine.
During the last part of the 18th
century, commencing about 1860
| lawyers occasionally appeared in the
larger towns and settlements along
the Maine coast. The most illus
trious one was James Sullivan who
was born in Berwick and practiced
in Biddeford for long time His
law office on Sullivan street in that
city is still standing. Over in the
town OF Dresden, formerly part OF
the ancient pownalboro, one may
now see the venerable court house
erected when Pownalboro was the
/ county sea of Lincoln. Within its
walls have been heard the eloquent
voices of James Otis, John Adams
the Quincys, tho Sewalls and other
famous lawyers of those days. The
lawyer who succeeded James Sulli.
van in practice in Biddeford was
George TEACHER who later became an
overseer of Bow 1oin college. He was
elected a member OF the old Congress
! from the District Of Maine and was
it's first representative in the new
Congress. Another lawyer of the
early days who was quite a remark
able character and man of note
was John Gardiner, the oldest son ot
Names famous loyalist, DIR. Sylvester
| Gardiner. i'll whose honor the city of
Gardiner was named. He was born
! in 1871. He settled in Pownalboro
i'll 1856. He had been educated in
England and had practiced law be-
fore Lord Mansfield
After returning to America and
| before going to Pownalboro he had
! been successful lawyer in Boston
For several years he was one of the
District Of Maine representatives to
the Massachusetts Legislature from
Pownalboro. During his service in
that body he engaged in some noted
debates with Samuel SewaIl, Mas
sachusetts member. who was after
wards Chief Justice of the Mas
sachusetts Supreme Judicial Court
Judge Sewall died suddenly at Wis
casset. Maine, while holding q nisj
prisps term there and monumen,
to his memory was erected by the
! members of the bar.
This monument was sadly neglect
ed for many years. and two years
ago. through the efforts of Chief JUS
tice Cornish of Maine and Chief JUS
tce Rugg of Massachusetts, meas
ures were taken to restore and pre-
serve it.
Mr. Sewall was type Of the
ultra conservative class of thinkers
while Mr.. Gardiner was liberal and
was viewed as dangerous radical
and became known as law reform
err
"As both men were able lawyers
and brilliant public speakers. their