Draft:William King Atkinson

William King Atkinson (January 6, 1765 – September 29, 1820) was a justice of the New Hampshire Supreme Court from 1803 to 1805.

Born in Portsmouth, New Hampshire, Atkinson graduated from Harvard College in 1783, and studied law with Judge John Pickering in Portsmouth.

...whose daughter he married September 3, 1788, and settled in Dover, which became his permanent home. He took the surname of Atkinson under his uncle's will, who bequeathed him a valuable estate upon the condition of his taking the surname of Atkinson, which he did and had the adoption sanctioned by an act of the legislature, (he being the son of William King and named after his father). About this time he was appointed register of probate for Stratham county, and the next year was appointed first solicitor for Stratham county. In the year 1803 ^e was appointed a justice of the Superior Court of Judicature, and served about two and a half years, when he resigned his commission under the following circumstances: He had continued to exercise the duties of the office of register of probate after his coming upon the bench, and had not resigned his appointment of county solicitor, although it is not plain that he ever assumed to act as such while he was judge, and his retaining these offices was severely criticised by the attorney general, Mr. Mason, and by others. In June, 1805, the legislature had increased the salary of the chief justice from $1000 to $1500 a year, because the Hon. Jeremiah Smith had declared that he could not afford to hold the appointment of chief justice for a less salary. Judge Atkinson memorialized the legislature in the autumn of that year, stating that his salary of $800 was inadequate, and asking that it be enlarged, intimating that he could not retain the position at the then present salary. The legislature adjourned without granting his request, and he resigned. In February, 1807, he was appointed, by the governor, attorney general of the state, which he held for about five years. After the expiration of the term as attorney general he resumed his practice at the bar, continuing to exercise the duties of the office of register of probate until about a year before his death. He died September 29, 1820.

Son of William and Mary (Wendell) King ; born, Portsmouth, January 6, 1765 ; Harvard College, 1783 ; practiced, Dover ; died there, September 29, 1820.

Young King, which name he bore until he was about twentyfive years of age, received good preliminary instruction in the schools of Portsmouth, and under a private teacher, so that he was admitted to college at the age of fifteen. He was a fair scholar, and good in mathematics, insomuch that he was subsequently an aspirant for the appointment of professor in that department. Shortly after his graduation he began the study of the law in the office of John Pickering in Portsmouth, and combined therewith the quite as agreeable study of making himself acceptable to Mr. Pickering's daughter. After being admitted an attorney, he set up an office in Berwick, Maine, for a year, and then removed in 1787 to Dover, his permanent home.

In the February preceding, his uncle, George Atkinson, died, through whom a large, valuable estate passed to him upon the condition of his taking the surname of Atkinson, which he accordingly did, and had the adoption sanctioned by an act of the legislature. He also about the same time received the appointment of register of Probate for Strafford County, as successor to John Wentworth, Jr. The next year a law was enacted providing for the appointment of a solicitor in each county to conduct the criminal business in the absence of the Attorney-General, and Mr. Atkinson was designated as the first solicitor in his county.

The offices which he held were not lucrative, but they brought him in some pecuniary returns, and contributed to extend his acquaintance and his professional engagements. He was industrious and attentive to business, an excellent collecting lawyer, and prudent in his own concerns; and the road seemed open to him to fame and fortune. He had some literary pretensions, also, and wrote wittily. In 1791 he was selected to deliver the Fourth of July oration at Dover, which was thought worthy of publication.

In the year 1803 Mr. Atkinson was appointed a Justice of the Superior Court of Judicature. He sat upon the bench about two years and a half, when he resigned his commission without reluctance. On accepting the office, he still retained the place of register of Probate and continued to perform its duties, notwithstanding the provision of the state Constitution which forbade judges to hold any other office than that of justice of the peace. Moreover, he did not resign his appointment of county solicitor, though he never assumed to act as such, it is believed, while he was Judge. But his apparent clinging to offices which were clearly incompatible with the proper performance of his judicial functions was the occasion of much animadversion. Mr. Mason, in particular, excepted in court, where Judge Atkinson was present, to the admission of certain records from the Probate office certified by W. K. Atkinson, Register, on the ground that the register had by accepting the judgeship vacated the other place. Mr. Mason, who was also Attorney-General at the time, threatened to absent himself from the court when the criminal business came on, that Judge Atkinson might descend from the bench and perform the duties of solicitor. In June, 1805, the legislature increased the salary of the Chief Justice from one thousand to fifteen hundred dollars a year, still leaving that of the associate Justices at eight hundred dollars each. The object was to secure the continuance upon the bench of Chief Justice Jeremiah Smith, who had declared that he could not afford to hold the appointment for a less salary. Thereupon Judge Atkinson presented a memorial to the legislature at their autumn session, stating that his salary was inadequate, and praying that it might be enlarged, with an intimation that he could not continue to hold the position in case his wishes were not complied with. The legislature having adjourned without granting his request, he resigned. In February, 1807, he received from the Executive of the State the appointment of Attorney-General, the duties of which he discharged for about five years. All this time he had been a pluralist, for he had retained, and acted in, the office of register of Probate also. But the tenure of two or more public positions, even if incongruous, was not without example in the early history of the State ; and it is not alleged that it led, in the case of Judge Atkinson, to any injurious results.

After the expiration of his term as Attorney-General he resumed his practice at the bar, but held no public station, except that of register of Probate, which he resigned about a year before his decease. Judge Atkinson was unquestionably a man of uncommon talents. For many years he managed with skill and

. success an extensive law business, and was selected by successive state administrations for duties of importance and responsibility.

Towards the close of his life he is said to have fallen into habits of inebriety, so that there were times when he was unfitted for business, and his own affairs were neglected, and suffered in consequence.

He was united in marriage, September 3, 1788, to Abigail, daughter of Judge John Pickering of Portsmouth. His daughter Frances married Asa Freeman, a counselor at law.

References

Category:1765 births Category:1820 deaths Category:Justices of the New Hampshire Supreme Court

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