Joseph Hopkinson
Encyclopedia
Joseph Hopkinson was a member of the U.S. House of Representatives from Pennsylvania
, and later a United States federal judge
.
) was born in Philadelphia, Pennsylvania
. He received an A.B.
from the University of Pennsylvania
at Philadelphia in 1786, and read law to be admitted to the bar in Philadelphia in 1791. He practiced his profession there until 1814, except for the period of one year at Easton, Pennsylvania
. He served as secretary of the board of trustees of the University of Pennsylvania in 1790 and 1791. In 1798, he wrote lyrics to the anthem "Hail, Columbia
" (music by Philip Phile
), and was associated with Daniel Webster
in the Dartmouth College
case. He served as counsel for Justice Samuel Chase
in his impeachment
trial before the United States Senate
in 1804 and 1805. He became a trustee on the board of trustees of the University of Pennsylvania in 1806, holding that position for much of his life, from 1806 to 1819 and again from 1822 to 1842.
to the Fourteenth
Congress, in 1816. He was reelected to the succeeding Fifteenth
Congress. He was not a candidate for reelection in 1818
.
On February 22–27, 1819, he argued before the United States Supreme Court in the McCulloch v. Maryland
case as part of the defense counsel. In this case he argued against Daniel Webster, speaking directly after him, and specifically his idea of equating taxation with the power to destroy. He argued strongly for States' rights
: claiming a United States Bank Branch
was unconstitutional based on the prohibition of congress to delegate power, a co-equal tax
ation power between the federal and state governments, the enumerated nature of the federal government and the reserved powers of the states (declared in the 10th amendment
).
He moved to Bordentown, New Jersey
, in 1820, and served as a member of the New Jersey House of Assembly
from 1821 to 1822.
On October 23, 1828, Hopkinson received a recess appointment
from John Quincy Adams to a seat on the United States District Court for the Eastern District of Pennsylvania
vacated by the death of Richard Peters
. Formally nominated on December 11, 1828, Hopkinson was confirmed by the United States Senate
on February 23, 1829, and received his commission the same day. During his service on the court, he also served as chairman of the State constitutional convention in 1837. He served on the court until his death, in Philadelphia, in 1842, and was interred in the old Borden-Hopkinson Burial Ground in Bordentown, New Jersey
.
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...
, and later a United States federal judge
United States federal judge
In the United States, the title of federal judge usually means a judge appointed by the President of the United States and confirmed by the United States Senate in accordance with Article II of the United States Constitution....
.
Early life, education, and career
Joseph Hopkinson (son of Francis HopkinsonFrancis Hopkinson
Francis Hopkinson , an American author, was one of the signers of the Declaration of Independence as a delegate from New Jersey. He later served as a federal judge in Pennsylvania...
) was born in Philadelphia, Pennsylvania
Philadelphia, Pennsylvania
Philadelphia is the largest city in the Commonwealth of Pennsylvania and the county seat of Philadelphia County, with which it is coterminous. The city is located in the Northeastern United States along the Delaware and Schuylkill rivers. It is the fifth-most-populous city in the United States,...
. He received an A.B.
Bachelor's degree
A bachelor's degree is usually an academic degree awarded for an undergraduate course or major that generally lasts for three or four years, but can range anywhere from two to six years depending on the region of the world...
from the University of Pennsylvania
University of Pennsylvania
The University of Pennsylvania is a private, Ivy League university located in Philadelphia, Pennsylvania, United States. Penn is the fourth-oldest institution of higher education in the United States,Penn is the fourth-oldest using the founding dates claimed by each institution...
at Philadelphia in 1786, and read law to be admitted to the bar in Philadelphia in 1791. He practiced his profession there until 1814, except for the period of one year at Easton, Pennsylvania
Easton, Pennsylvania
Easton is a city in Northampton County, Pennsylvania, United States. The population was 26,800 as of the 2010 census. It is the county seat of Northampton County....
. He served as secretary of the board of trustees of the University of Pennsylvania in 1790 and 1791. In 1798, he wrote lyrics to the anthem "Hail, Columbia
Hail, Columbia
"Hail, Columbia" is an American patriotic song. It was considered, with several other songs, one of the unofficial national anthems of the United States until 1931, when "The Star-Spangled Banner" was officially named the national anthem...
" (music by Philip Phile
Philip Phile
Philip Phile was an American composer and violinist. His year of birth is uncertain, but believed to be approximately 1734. His works include a lost Violin Concerto , but he is best known for " The President's March", written and performed at the inauguration of President George Washington.He died...
), and was associated with Daniel Webster
Daniel Webster
Daniel Webster was a leading American statesman and senator from Massachusetts during the period leading up to the Civil War. He first rose to regional prominence through his defense of New England shipping interests...
in the Dartmouth College
Dartmouth College
Dartmouth College is a private, Ivy League university in Hanover, New Hampshire, United States. The institution comprises a liberal arts college, Dartmouth Medical School, Thayer School of Engineering, and the Tuck School of Business, as well as 19 graduate programs in the arts and sciences...
case. He served as counsel for Justice Samuel Chase
Samuel Chase
Samuel Chase was an Associate Justice of the United States Supreme Court and earlier was a signatory to the United States Declaration of Independence as a representative of Maryland. Early in life, Chase was a "firebrand" states-righter and revolutionary...
in his impeachment
Impeachment
Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment....
trial before the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
in 1804 and 1805. He became a trustee on the board of trustees of the University of Pennsylvania in 1806, holding that position for much of his life, from 1806 to 1819 and again from 1822 to 1842.
Congressional service and later political activities
Hopkinson was elected as a FederalistFederalist
The term federalist describes several political beliefs around the world. Also, it may refer to the concept of federalism or the type of government called a federation...
to the Fourteenth
14th United States Congress
- Senate :* President: Vacant* President pro tempore: John Gaillard of South Carolina, first elected December 4, 1815- House of Representatives :* Speaker: Henry Clay of Kentucky-Members:This list is arranged by chamber, then by state...
Congress, in 1816. He was reelected to the succeeding Fifteenth
15th United States Congress
-Leadership:- Senate :* President: Daniel D. Tompkins * President pro tempore:** John Gaillard , elected March 4, 1817** James Barbour , elected February 15, 1819- House of Representatives :*Speaker: Henry Clay -Members:...
Congress. He was not a candidate for reelection in 1818
United States House election, 1818
The U.S. House election, 1818 was an election for the United States House of Representatives to the Sixteenth United States Congress. Voting in the various states was held between April 1818 and September 1819...
.
On February 22–27, 1819, he argued before the United States Supreme Court in the McCulloch v. Maryland
McCulloch v. Maryland
McCulloch v. Maryland, , was a landmark decision by the Supreme Court of the United States. The state of Maryland had attempted to impede operation of a branch of the Second Bank of the United States by imposing a tax on all notes of banks not chartered in Maryland...
case as part of the defense counsel. In this case he argued against Daniel Webster, speaking directly after him, and specifically his idea of equating taxation with the power to destroy. He argued strongly for States' rights
States' rights
States' rights in U.S. politics refers to political powers reserved for the U.S. state governments rather than the federal government. It is often considered a loaded term because of its use in opposition to federally mandated racial desegregation...
: claiming a United States Bank Branch
Second Bank of the United States
The Second Bank of the United States was chartered in 1816, five years after the First Bank of the United States lost its own charter. The Second Bank of the United States was initially headquartered in Carpenters' Hall, Philadelphia, the same as the First Bank, and had branches throughout the...
was unconstitutional based on the prohibition of congress to delegate power, a co-equal tax
Tax
To tax is to impose a financial charge or other levy upon a taxpayer by a state or the functional equivalent of a state such that failure to pay is punishable by law. Taxes are also imposed by many subnational entities...
ation power between the federal and state governments, the enumerated nature of the federal government and the reserved powers of the states (declared in the 10th amendment
Tenth Amendment to the United States Constitution
The Tenth Amendment to the United States Constitution, which is part of the Bill of Rights, was ratified on December 15, 1791...
).
He moved to Bordentown, New Jersey
Bordentown, New Jersey
Bordentown City is in Burlington County, New Jersey, United States. As of the 2010 United States Census, the city population was 3,924. Bordentown is located at the confluence of the Delaware River, Blacks Creek and Crosswicks Creek...
, in 1820, and served as a member of the New Jersey House of Assembly
New Jersey General Assembly
The New Jersey General Assembly is the lower house of the New Jersey Legislature.Since the election of 1967 , the Assembly has consisted of 80 members. Two members are elected from each of New Jersey's 40 legislative districts for a term of two years, each representing districts with average...
from 1821 to 1822.
Federal judicial service
Hopkinson returned to Philadelphia in 1823, resuming his private practice there until 1828.On October 23, 1828, Hopkinson received a recess appointment
Recess appointment
A recess appointment is the appointment, by the President of the United States, of a senior federal official while the U.S. Senate is in recess. The U.S. Constitution requires that the most senior federal officers must be confirmed by the Senate before assuming office, but while the Senate is in...
from John Quincy Adams to a seat on the United States District Court for the Eastern District of Pennsylvania
United States District Court for the Eastern District of Pennsylvania
The United States District Court for the Eastern District of Pennsylvania is one of the original 13 federal judiciary districts created by the Judiciary Act of 1789...
vacated by the death of Richard Peters
Richard Peters (Continental Congress)
Richard Peters sometimes Richard Peters, Jr., to distinguish from his uncle, though this can also mean his son Richard), was an American lawyer, jurist, and politician from Philadelphia, Pennsylvania. He was a delegate for Pennsylvania to the Continental Congress in 1782 and 1783...
. Formally nominated on December 11, 1828, Hopkinson was confirmed by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
on February 23, 1829, and received his commission the same day. During his service on the court, he also served as chairman of the State constitutional convention in 1837. He served on the court until his death, in Philadelphia, in 1842, and was interred in the old Borden-Hopkinson Burial Ground in Bordentown, New Jersey
Bordentown, New Jersey
Bordentown City is in Burlington County, New Jersey, United States. As of the 2010 United States Census, the city population was 3,924. Bordentown is located at the confluence of the Delaware River, Blacks Creek and Crosswicks Creek...
.
Sources
- The Political Graveyard
- Biography and portrait at the University of PennsylvaniaUniversity of PennsylvaniaThe University of Pennsylvania is a private, Ivy League university located in Philadelphia, Pennsylvania, United States. Penn is the fourth-oldest institution of higher education in the United States,Penn is the fourth-oldest using the founding dates claimed by each institution...
External links
- The Hopkinson Family Papers, including correspondence, documents and printed materials relating to Joseph Hopkinson and other family members, are available for research use at the Historical Society of PennsylvaniaHistorical Society of PennsylvaniaThe Historical Society of Pennsylvania is a historical society founded in 1824 and based in Philadelphia. The Society's building, designed by Addison Hutton and listed on Philadelphia's Register of Historical Places, houses some 600,000 printed items and over 19 million manuscript and graphic items...
.