John Hemphill (senator)
Encyclopedia
John Hemphill was Chief Justice
of the Texas Supreme Court
, a United States Senator, and a veteran of wars with Native Americans
.
Hemphill's father, Rev. John Hemphill, emigrated to the United States from County Tyrone
, Ireland
, his mother, Jane Lind, was a native of Pennsylvania
. Hemphill was born in South Carolina
and educated at Jefferson College, graduating in 1825. Admitted to the bar in South Carolina
in 1829, he eventually moved his practice to Texas
in 1838.
Hemphill served as Chief Justice of the Texas Supreme Court for eighteen years while Texas was an independent republic
and in the period of statehood before the Civil War
. He was called the 'John Marshall
' of Texas for the role he played in the development of Texan law. He was also famous for having fought with Native American warriors who attacked him in his courtroom while court was in session. He was considered an expert on Spanish
and Mexican
law, and is remembered for expanding women's rights
and supporting homestead
rights. Hemphill replaced Sam Houston
as United States Senator from Texas when Houston did not support the right of states to secede from the United States
.
As Texas was one of the first seven states to secede, Hemphill was among fourteen United States Senators expelled
by 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
.
Hemphill County, Texas, and Hemphill, Texas
, are both named in his honor.
John Hemphill was a cousin of Charles Hare Hemphill, Lord Hemphill through his father the Rev. John Hemphill.
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
of the Texas Supreme Court
Texas Supreme Court
The Supreme Court of Texas is the court of last resort for non-criminal matters in the state of Texas. A different court, the Texas Court of Criminal Appeals, is the court of last resort for criminal matters.The Court is composed of a Chief Justice and eight Associate Justices...
, a United States Senator, and a veteran of wars with Native Americans
Native Americans in the United States
Native Americans in the United States are the indigenous peoples in North America within the boundaries of the present-day continental United States, parts of Alaska, and the island state of Hawaii. They are composed of numerous, distinct tribes, states, and ethnic groups, many of which survive as...
.
Hemphill's father, Rev. John Hemphill, emigrated to the United States from County Tyrone
County Tyrone
Historically Tyrone stretched as far north as Lough Foyle, and comprised part of modern day County Londonderry east of the River Foyle. The majority of County Londonderry was carved out of Tyrone between 1610-1620 when that land went to the Guilds of London to set up profit making schemes based on...
, Ireland
Ireland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...
, his mother, Jane Lind, was a native of Pennsylvania
Pennsylvania
The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...
. Hemphill was born in South Carolina
South Carolina
South Carolina is a state in the Deep South of the United States that borders Georgia to the south, North Carolina to the north, and the Atlantic Ocean to the east. Originally part of the Province of Carolina, the Province of South Carolina was one of the 13 colonies that declared independence...
and educated at Jefferson College, graduating in 1825. Admitted to the bar in South Carolina
South Carolina
South Carolina is a state in the Deep South of the United States that borders Georgia to the south, North Carolina to the north, and the Atlantic Ocean to the east. Originally part of the Province of Carolina, the Province of South Carolina was one of the 13 colonies that declared independence...
in 1829, he eventually moved his practice to Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
in 1838.
Hemphill served as Chief Justice of the Texas Supreme Court for eighteen years while Texas was an independent republic
Republic of Texas
The Republic of Texas was an independent nation in North America, bordering the United States and Mexico, that existed from 1836 to 1846.Formed as a break-away republic from Mexico by the Texas Revolution, the state claimed borders that encompassed an area that included all of the present U.S...
and in the period of statehood before the Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
. He was called the 'John Marshall
John Marshall
John Marshall was the Chief Justice of the United States whose court opinions helped lay the basis for American constitutional law and made the Supreme Court of the United States a coequal branch of government along with the legislative and executive branches...
' of Texas for the role he played in the development of Texan law. He was also famous for having fought with Native American warriors who attacked him in his courtroom while court was in session. He was considered an expert on Spanish
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
and Mexican
Mexico
The United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...
law, and is remembered for expanding women's rights
Women's rights
Women's rights are entitlements and freedoms claimed for women and girls of all ages in many societies.In some places these rights are institutionalized or supported by law, local custom, and behaviour, whereas in others they may be ignored or suppressed...
and supporting homestead
Homesteading
Broadly defined, homesteading is a lifestyle of simple self-sufficiency.-Current practice:The term may apply to anyone who follows the back-to-the-land movement by adopting a sustainable, self-sufficient lifestyle. While land is no longer freely available in most areas of the world, homesteading...
rights. Hemphill replaced Sam Houston
Sam Houston
Samuel Houston, known as Sam Houston , was a 19th-century American statesman, politician, and soldier. He was born in Timber Ridge in the Shenandoah Valley of Virginia, of Scots-Irish descent. Houston became a key figure in the history of Texas and was elected as the first and third President of...
as United States Senator from Texas when Houston did not support the right of states to secede from the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
.
As Texas was one of the first seven states to secede, Hemphill was among fourteen United States Senators expelled
Expulsion from the United States Congress
Expulsion is the most serious form of disciplinary action that can be taken against a Member of Congress. Article I, Section 5 of the United States Constitution provides that "Each House [of Congress] may determine the Rules of its proceedings, punish its members for disorderly behavior, and, with...
by resolution in 1861. He was subsequently chosen as a Texas delegate to the Provisional Confederate Congress
Provisional Confederate Congress
The Provisional Confederate Congress, for a time the legislative branch of the Confederate States of America, was the body which drafted the Confederate Constitution, elected Jefferson Davis President of the Confederacy, and designed the first Confederate flag...
, a position he held until his death in Richmond, Virginia
Richmond, Virginia
Richmond is the capital of the Commonwealth of Virginia, in the United States. It is an independent city and not part of any county. Richmond is the center of the Richmond Metropolitan Statistical Area and the Greater Richmond area...
.
Hemphill County, Texas, and Hemphill, Texas
Hemphill, Texas
Hemphill is a city in Sabine County, Texas, United States. The population was 1,106 at the 2000 census. It is the county seat of Sabine County. It is located on State Highway 87 at the junction of State Highway 184, and is surrounded by the Sabine National Forest and the Toledo Bend...
, are both named in his honor.
John Hemphill was a cousin of Charles Hare Hemphill, Lord Hemphill through his father the Rev. John Hemphill.
Further reading
- Timothy S. Huebner, The Southern Judicial Tradition: State Judges and Sectional Distinctiveness, 1790–1890 (1999).