Kensey Johns (jurist)
Encyclopedia
Kensey Johns was a jurist from Delaware and father of Kensey Johns, Jr.
and John Johns
.
. His ancestral home, Sudley
, was listed on the National Register of Historic Places
in 1973. In his early years, he participated as a minuteman in the American Revolution
and studied law with Samuel Chase
and George Read
. After being a lawyer in private practice for over a decade, he was appointed an associate judge of the supreme court of Delaware. In 1792, he was a member of the Delaware Constitutional Convention.
. The Delaware General Assembly
deadlocked on the appointment of a replacement. Finally, with the state legislature still in session but still deadlocked, Governor Joshua Clayton
appointed Johns to fill the seat on March 19, 1794. He presented his credentials to Congress on March 24, 1794. Less than a month before, the Republicans
in the Senate had seen one of their favorites, Albert Gallatin
, unseated as failing to meet the minimum nine years citizenship constitutionally required of a U.S. senator, and they took the opportunity for revenge. Johns's credentials were immediately questioned and referred to committee. The United States Constitution permitted a state governor to fill a vacancy, but only when the state legislature was in recess. Since this was not the case, the committee reported back two days later that Johns was not qualified to take a seat in the Senate, and two days after that, the full Senate agreed and denied Johns a seat.
. He held that post until the 1832 Constitution of Delaware became operative, at which point he was succeeded by his son, Kensey Junior.
Johns died in New Castle, Delaware
in 1848.
{|class=wikitable style="width: 94%" style="text-align: center;" align="center"
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! Office
! Type
! Location
! Began office
! Ended office
! notes
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|Chief Justice
|Judiciary
|Dover
|January 3, 1799
|June 21, 1830
|State Supreme Court
|-
|Chancellor
|Judiciary
|Dover
|June 21, 1830
|June 18, 1832
|State Chancery Court
Kensey Johns, Jr.
Kensey Johns, Jr. was an American lawyer and politician from New Castle, in New Castle County, Delaware. He was a member of the Federalist and Whig Parties who served as U.S. Representative from Delaware....
and John Johns
John Johns
John Johns was the fourth Episcopal bishop of Virginia.-Early life and education:Born into a prominent political family in New Castle, Delaware, John Johns was born in 1796. He was the son of Chief Justice Kensey Johns III, and grandson of Governor Nicholas Van Dyke of Delaware.In 1815, Johns...
.
Early life
Johns was born in MarylandMaryland
Maryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east...
. His ancestral home, Sudley
Sudley (Deale, Maryland)
Sudley is a historic home at Deale, Anne Arundel County, Maryland. It is a -story frame house with shorter perpendicular wings added. It is a grand hall-chamber house of the 1720–1730 period and retains a great deal of early finish...
, was listed on the National Register of Historic Places
National Register of Historic Places
The National Register of Historic Places is the United States government's official list of districts, sites, buildings, structures, and objects deemed worthy of preservation...
in 1973. In his early years, he participated as a minuteman in the American Revolution
American Revolution
The American Revolution was the political upheaval during the last half of the 18th century in which thirteen colonies in North America joined together to break free from the British Empire, combining to become the United States of America...
and studied law with 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...
and George Read
George Read (signer)
George Read was an American lawyer and politician from New Castle in New Castle County, Delaware. He was a signer of the Declaration of Independence, a Continental Congressman from Delaware, a delegate to the U.S. Constitutional Convention of 1787, President of Delaware, and a member of the...
. After being a lawyer in private practice for over a decade, he was appointed an associate judge of the supreme court of Delaware. In 1792, he was a member of the Delaware Constitutional Convention.
Senate appointment
On September 18, 1793, Read resigned his seat in the United States SenateUnited 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...
. The Delaware General Assembly
Delaware General Assembly
The Delaware General Assembly is the legislature of the U.S. state of Delaware. It is a bicameral legislature composed of the Delaware Senate with 21 Senators and the Delaware House of Representatives with 41 Representatives...
deadlocked on the appointment of a replacement. Finally, with the state legislature still in session but still deadlocked, Governor Joshua Clayton
Joshua Clayton
Dr. Joshua Clayton was an American physician and politician from Mt. Pleasant in Pencader Hundred, New Castle County, Delaware. He was an officer of the Continental Army in the American Revolution, and a member of the Federalist Party, who served in the Delaware General Assembly, as Governor of...
appointed Johns to fill the seat on March 19, 1794. He presented his credentials to Congress on March 24, 1794. Less than a month before, the Republicans
Democratic-Republican Party (United States)
The Democratic-Republican Party or Republican Party was an American political party founded in the early 1790s by Thomas Jefferson and James Madison. Political scientists use the former name, while historians prefer the latter one; contemporaries generally called the party the "Republicans", along...
in the Senate had seen one of their favorites, Albert Gallatin
Albert Gallatin
Abraham Alfonse Albert Gallatin was a Swiss-American ethnologist, linguist, politician, diplomat, congressman, and the longest-serving United States Secretary of the Treasury. In 1831, he founded the University of the City of New York...
, unseated as failing to meet the minimum nine years citizenship constitutionally required of a U.S. senator, and they took the opportunity for revenge. Johns's credentials were immediately questioned and referred to committee. The United States Constitution permitted a state governor to fill a vacancy, but only when the state legislature was in recess. Since this was not the case, the committee reported back two days later that Johns was not qualified to take a seat in the Senate, and two days after that, the full Senate agreed and denied Johns a seat.
Later career
When Read died in 1798, Johns succeeded him as chief justice of Delaware. He held that office until 1828 or 1830, when he became chancellor of DelawareDelaware Court of Chancery
The Delaware Court of Chancery is a court of equity in the American state of Delaware. It is one of Delaware's three constitutional courts, along with the Supreme Court and Superior Court.-Jurisdiction:...
. He held that post until the 1832 Constitution of Delaware became operative, at which point he was succeeded by his son, Kensey Junior.
Johns died in New Castle, Delaware
New Castle, Delaware
New Castle is a city in New Castle County, Delaware, six miles south of Wilmington, situated on the Delaware River. In 1900, 3,380 people lived here; in 1910, 3,351...
in 1848.
Almanac
{|class=wikitable style="width: 94%" style="text-align: center;" align="center"
|-bgcolor=#cccccc
!colspan=7 style="background: #ccccff;" |Public Offices
|-
! Office
! Type
! Location
! Began office
! Ended office
! notes
|-
|Chief Justice
Delaware Superior Court
The Delaware Superior Court is the state trial court of general jurisdiction in the state of Delaware. It has original jurisdiction over most criminal and civil cases...
|Judiciary
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
|Dover
Dover, Delaware
The city of Dover is the capital and second largest city in the U.S. state of Delaware. It is also the county seat of Kent County, and the principal city of the Dover, Delaware Metropolitan Statistical Area, which encompasses all of Kent County. It is located on the St. Jones River in the Delaware...
|January 3, 1799
|June 21, 1830
|State Supreme Court
Delaware Superior Court
The Delaware Superior Court is the state trial court of general jurisdiction in the state of Delaware. It has original jurisdiction over most criminal and civil cases...
|-
|Chancellor
Delaware Court of Chancery
The Delaware Court of Chancery is a court of equity in the American state of Delaware. It is one of Delaware's three constitutional courts, along with the Supreme Court and Superior Court.-Jurisdiction:...
|Judiciary
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
|Dover
Dover, Delaware
The city of Dover is the capital and second largest city in the U.S. state of Delaware. It is also the county seat of Kent County, and the principal city of the Dover, Delaware Metropolitan Statistical Area, which encompasses all of Kent County. It is located on the St. Jones River in the Delaware...
|June 21, 1830
|June 18, 1832
|State Chancery Court
Delaware Court of Chancery
The Delaware Court of Chancery is a court of equity in the American state of Delaware. It is one of Delaware's three constitutional courts, along with the Supreme Court and Superior Court.-Jurisdiction:...