Nicholas Emery (September 4, 1776 – August 24, 1861) was an American lawyer, politician, and judge who served as an associate justice of the

Maine Supreme Judicial Court The Maine Supreme Judicial Court is the highest court in the state of Maine's judicial system. It is composed of seven justices, who are appointed by the governor and confirmed by the Maine Senate. Between 1820 and 1839, justices served lifetime ...

from October 22, 1834, to October 21, 1841.

Early life and education

Emery was born in

Exeter, New Hampshire Exeter is a New England town, town in Rockingham County, New Hampshire, United States. Its population was 16,049 at the 2020 United States census, 2020 census, up from 14,306 at the 2010 census. Exeter was the county seat until 1997, when county ...

, the third child of Noah Emery and Jane Hale. He attended

Phillips Exeter Academy Phillips Exeter Academy (often called Exeter or PEA) is an Independent school, independent, co-educational, college-preparatory school in Exeter, New Hampshire. Established in 1781, it is America's sixth-oldest boarding school and educates an es ...

starting at the age of twelve in 1788 and in 1795 graduated from

Dartmouth College Dartmouth College ( ) is a Private university, private Ivy League research university in Hanover, New Hampshire, United States. Established in 1769 by Eleazar Wheelock, Dartmouth is one of the nine colonial colleges chartered before the America ...

. He

read law Reading law was the primary method used in common law countries, particularly the United States, for people to prepare for and enter the legal profession before the advent of law schools. It consisted of an extended internship or apprenticeship un ...

with Edward St. Loe Livermore to gain admission to the bar.

Career

Emery taught at Phillips Exeter for a year in 1797, with

Daniel Webster Daniel Webster (January 18, 1782 – October 24, 1852) was an American lawyer and statesman who represented New Hampshire and Massachusetts in the U.S. Congress and served as the 14th and 19th United States Secretary of State, U.S. secretary o ...

being one of his students, before beginning his legal practice in

Parsonsfield, Maine Parsonsfield is a town in York County, Maine, United States. The population was 1,791 at the 2020 census. Parsonsfield includes the villages of Kezar Falls, Parsonsfield, and North, East and South Parsonsfield. It is part of the Portland-South ...

. In 1807, he moved to

Portland Portland most commonly refers to: *Portland, Oregon, the most populous city in the U.S. state of Oregon *Portland, Maine, the most populous city in the U.S. state of Maine *Isle of Portland, a tied island in the English Channel Portland may also r ...

. In 1816, Emery attended the Brunswick Convention that voted to separate the state of Maine from

Massachusetts Massachusetts ( ; ), officially the Commonwealth of Massachusetts, is a U.S. state, state in the New England region of the Northeastern United States. It borders the Atlantic Ocean and the Gulf of Maine to its east, Connecticut and Rhode ...

; three years later he would serve as a delegate to the 1819 Maine Constitutional Convention for

Cumberland County Cumberland County may refer to: Australia * Cumberland County, New South Wales * the former name of Cumberland Land District, Tasmania, Australia Canada *Cumberland County, Nova Scotia United Kingdom * Cumberland, historic county *Cumberl ...

, though he did not sign the constitution. He represented Portland in the newly created

Maine House of Representatives The Maine House of Representatives is the lower house of the Maine Legislature. The House consists of 151 voting members and three nonvoting members. The voting members represent an equal number of districts across the state and are elected via ...

for three years starting in 1820. During a border dispute that would lead to the

Aroostook War The Aroostook War (sometimes called the Pork and Beans WarLe Duc, Thomas (1947). The Maine Frontier and the Northeastern Boundary Controversy. ''The American Historical Review'' Vol. 53, No. 1 (Oct., 1947), pp. 30–41), or the Madawaska War, w ...

between the United States and the United Kingdom, Emery played a role in the arbitrations. King

William I of the Netherlands William I (Willem Frederik; 24 August 1772 – 12 December 1843) was King of the Netherlands and List of monarchs of Luxembourg, Grand Duke of Luxembourg from 1815 until his abdication in 1840. Born as the son of William V, Prince of Orange, ...

had, as a neutral arbiter, drawn a border line between the two countries. In order to ease negotiations between the two countries, the government of Maine proposed to yield all territory north of the Saint John River and east of

Saint Francis River The St. Francis River is a tributary of the Mississippi River, about long, in southeastern Missouri and northeastern Arkansas in the United States. The river drains a mostly rural area and forms part of the Missouri-Arkansas state line along th ...

to the federal government, in return for one million acres (4,000 km²) of land in the

Michigan Territory The Territory of Michigan was an organized incorporated territory of the United States that existed from June 30, 1805, until January 26, 1837, when the final extent of the territory was admitted to the Union as the State of Michigan. Detroit ...

. Emery, along with Judge

William Pitt Preble William Pitt Preble (November 27, 1783 – October 11, 1857) was an American lawyer, judge, diplomat and businessman. He was one of the first Justices of the Maine Supreme Court and U.S. Minister to the Netherlands. Biography William Pitt P ...

and Maine Legislator

Reuel Williams Reuel Williams (June 2, 1783July 25, 1862) was an American lawyer and politician who served one term as a U.S. Senator from Maine from 1837 to 1843. Early life and career Born in Hallowell, Massachusetts to Seth Williams and Zilpha Ingraham, ...

, was sent as a delegate to negotiate the deal with the federal government, though the plan was ultimately rejected. On October 22, 1834, Governor

Robert P. Dunlap Robert Pinckney Dunlap (August 17, 1794 – October 20, 1859) was the 11th governor of Maine and a U.S. Representative from Maine. Biography Born in Brunswick (in modern-day Maine, then a part of Massachusetts), Dunlap was educated by private ...

appointed him as an associate justice of the Maine Supreme Judicial Court to replace

Nathan Weston Nathan Weston (July 1782 – 1872) was an American judge who was justice of the Maine Supreme Judicial Court from July 1, 1820, to October 21, 1841, serving as chief justice from October 22, 1834, to October 21, 1841. Biography Born in Augusta ...

, who was being elevated to the position of Chief Justice, and he served until October 21, 1841. He was succeeded by John S. Tenney.

Personal life

Emery married the daughter of New Hampshire Governor

John Taylor Gilman John Taylor Gilman (December 19, 1753September 1, 1828) was a farmer, shipbuilder and statesman from Exeter, New Hampshire. He represented New Hampshire in the Continental Congress in 1782–1783 and was the fifth governor of New Hampshire for ne ...

, Nancy Taylor, with whom he had six children. He died on August 24, 1861.

References

{{DEFAULTSORT:Emery, Nicholas Dartmouth College alumni Justices of the Maine Supreme Judicial Court Phillips Exeter Academy alumni Phillips Exeter Academy faculty People from Parsonsfield, Maine People from Exeter, New Hampshire Politicians from Portland, Maine Maine lawyers 1776 births 1861 deaths Members of the Maine House of Representatives 19th-century American lawyers 19th-century members of the Maine Legislature