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John Hemphill (senator)

John Hemphill (December 18, 1803 – January 4, 1862) was an American politician and jurist who served as Chief Justice of the Supreme Court of the Republic of Texas from 1841 to 1846 and of the Supreme Court of Texas until 1858, and a United States senator from Texas from 1859 to 1861. A member of the Democratic Party, he was one of the signatories of the Confederate States Constitution.

John Hemphill
Member of the Provisional Congress of the Confederate States
from Texas
In office
February 4, 1861 – January 4, 1862
Preceded byConstituency established
Succeeded byConstituency abolished
United States Senator
from Texas
In office
March 4, 1859 – July 11, 1861
Preceded bySam Houston
Succeeded byMorgan Hamilton (1870)
Personal details
Born(1803-12-18)December 18, 1803
Chester District, South Carolina, U.S.
DiedJanuary 4, 1862(1862-01-04) (aged 58)
Richmond, Virginia, C.S.
Political partyDemocratic
EducationJefferson College (BA)
Signature

Early life edit

Hemphill's father was a Presbyterian minister, The Reverend John Hemphill, who emigrated to the United States from County Londonderry, Ireland.[1] His mother, Jane Lind, was also Scots-Irish but was born in Pennsylvania, where they met and married. John Hemphill the younger was born in South Carolina. He was educated at Jefferson College, graduating in 1825. He studied or "read the law" with David McCloud and was admitted to the bar in South Carolina in 1829. Several years later, in 1838 Hemphill moved his practice to Texas after it became an independent republic. Realizing that it was strongly influenced by Spanish law, he learned Spanish and studied its laws in order to be successful in this new environment.[2]

Career edit

A friend of Sam Houston, Hemphill was appointed and served as chief justice of the Supreme Court of the Republic of Texas from 1841 to 1846 and of the Supreme Court of Texas from 1846 to 1858, serving as the top jurist in the Republic of Texas and then in the State of Texas.[3] During this period, Texas was an independent republic and then a state in the United States before the Civil War.

He was called the "John Marshall of Texas" for the role he played in the development of Texan law from the republic's early years, "laying the foundation of its judiciary system".[1][2] The challenges were far beyond the law; Hemphill became known for an incident in which he fought Indian warriors who had attacked him in a courtroom while his court was in session.

Hemphill was considered an expert on Spanish and Mexican law, and he considered Spanish civil law to be superior to common law in many areas, especially in relation to the property. He is remembered for expanding women's rights so that women could inherit equally. He also supported homestead rights in adoption of principles of Spanish civil law.[2] Hemphill was elected in 1858 to replace Sam Houston as United States senator from Texas when Houston would not support the assertion that states have a right to secede from the United States. He served from 1859 to 1861.

As Texas was one of the first seven states to secede from the Union, Hemphill was among the fourteen United States senators expelled by Congressional resolution in 1861. He was subsequently chosen as a Texas delegate to the Provisional Confederate Congress, a position he held until his death in Richmond, Virginia.

Personal life edit

Hemphill never married.[4] He lived with his slave Sabina for more than a decade and had two daughters with her. He arranged for their education, sending them in the late 1850s to the newly founded Wilberforce College in Ohio, considered a "training ground" for abolitionists before the Civil War.[3] John Hemphill was a cousin of Charles Hare Hemphill, Lord Hemphill through his father, The Reverend John Hemphill.

Legacy edit

The city of Hemphill, Texas, and Hemphill County, Texas, are named after him.

See also edit

References edit

  1. ^ a b "John Hemphill", Gale Encyclopedia of Biography, at answers.com
  2. ^ a b c Hart, James P. "John Hemphill - Chief Justice of Texas." Southwestern Law Journal 3 (fall 1949): pp. 395-415
  3. ^ a b Gary Nash, "Forbidden Love" (excerpted from his book, Forbidden Love: The Hidden History of Mixed-Race America, (1999), at Frontline: Jefferson's Blood/Mixed-Race America, PBS, 2000, accessed 24 September 2014
  4. ^ John Hemphill from the Handbook of Texas Online

Further reading edit

  • Timothy S. Huebner, The Southern Judicial Tradition: State Judges and Sectional Distinctiveness, 1790–1890 (1999).

External links edit

  • United States Congress. "John Hemphill (id: H000468)". Biographical Directory of the United States Congress.
  • John Hemphill from the Handbook of Texas Online

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For other people with the same name see John Hemphill John Hemphill December 18 1803 January 4 1862 was an American politician and jurist who served as Chief Justice of the Supreme Court of the Republic of Texas from 1841 to 1846 and of the Supreme Court of Texas until 1858 and a United States senator from Texas from 1859 to 1861 A member of the Democratic Party he was one of the signatories of the Confederate States Constitution John HemphillMember of the Provisional Congress of the Confederate Statesfrom TexasIn office February 4 1861 January 4 1862Preceded byConstituency establishedSucceeded byConstituency abolishedUnited States Senatorfrom TexasIn office March 4 1859 July 11 1861Preceded bySam HoustonSucceeded byMorgan Hamilton 1870 Personal detailsBorn 1803 12 18 December 18 1803Chester District South Carolina U S DiedJanuary 4 1862 1862 01 04 aged 58 Richmond Virginia C S Political partyDemocraticEducationJefferson College BA Signature Contents 1 Early life 2 Career 3 Personal life 4 Legacy 5 See also 6 References 7 Further reading 8 External linksEarly life editHemphill s father was a Presbyterian minister The Reverend John Hemphill who emigrated to the United States from County Londonderry Ireland 1 His mother Jane Lind was also Scots Irish but was born in Pennsylvania where they met and married John Hemphill the younger was born in South Carolina He was educated at Jefferson College graduating in 1825 He studied or read the law with David McCloud and was admitted to the bar in South Carolina in 1829 Several years later in 1838 Hemphill moved his practice to Texas after it became an independent republic Realizing that it was strongly influenced by Spanish law he learned Spanish and studied its laws in order to be successful in this new environment 2 Career editA friend of Sam Houston Hemphill was appointed and served as chief justice of the Supreme Court of the Republic of Texas from 1841 to 1846 and of the Supreme Court of Texas from 1846 to 1858 serving as the top jurist in the Republic of Texas and then in the State of Texas 3 During this period Texas was an independent republic and then a state in the United States before the Civil War He was called the John Marshall of Texas for the role he played in the development of Texan law from the republic s early years laying the foundation of its judiciary system 1 2 The challenges were far beyond the law Hemphill became known for an incident in which he fought Indian warriors who had attacked him in a courtroom while his court was in session Hemphill was considered an expert on Spanish and Mexican law and he considered Spanish civil law to be superior to common law in many areas especially in relation to the property He is remembered for expanding women s rights so that women could inherit equally He also supported homestead rights in adoption of principles of Spanish civil law 2 Hemphill was elected in 1858 to replace Sam Houston as United States senator from Texas when Houston would not support the assertion that states have a right to secede from the United States He served from 1859 to 1861 As Texas was one of the first seven states to secede from the Union Hemphill was among the fourteen United States senators expelled by Congressional resolution in 1861 He was subsequently chosen as a Texas delegate to the Provisional Confederate Congress a position he held until his death in Richmond Virginia Personal life editHemphill never married 4 He lived with his slave Sabina for more than a decade and had two daughters with her He arranged for their education sending them in the late 1850s to the newly founded Wilberforce College in Ohio considered a training ground for abolitionists before the Civil War 3 John Hemphill was a cousin of Charles Hare Hemphill Lord Hemphill through his father The Reverend John Hemphill Legacy editThe city of Hemphill Texas and Hemphill County Texas are named after him See also editList of United States senators from Texas List of United States senators expelled or censuredReferences edit a b John Hemphill Gale Encyclopedia of Biography at answers com a b c Hart James P John Hemphill Chief Justice of Texas Southwestern Law Journal 3 fall 1949 pp 395 415 a b Gary Nash Forbidden Love excerpted from his book Forbidden Love The Hidden History of Mixed Race America 1999 at Frontline Jefferson s Blood Mixed Race America PBS 2000 accessed 24 September 2014 John Hemphill from the Handbook of Texas OnlineFurther reading editTimothy S Huebner The Southern Judicial Tradition State Judges and Sectional Distinctiveness 1790 1890 1999 External links editUnited States Congress John Hemphill id H000468 Biographical Directory of the United States Congress John Hemphill from the Handbook of Texas Online Portals nbsp American Civil War nbsp Biography nbsp Politics nbsp Texas Retrieved from https en wikipedia org w index php title John Hemphill senator amp oldid 1176030463, wikipedia, wiki, book, books, library,

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