William Sampson (attorney)
Encyclopedia
William Sampson was an Irish Protestant lawyer
known for his defense of religious liberty in Ireland
and America
.
, Ireland
to an affluent Protestant family. He studied law in London
. In his twenties, he briefly visited an uncle in North Carolina
. In 1790 he married Grace Clark; they had two sons, William and John, and a daughter, Catherine Anne.
Admitted to the Irish Bar, Sampson became Junior Counsel to John Philpot Curran
, and helped him provide legal defenses for many members of the Society of United Irishmen. Although a member of the Church of Ireland, Sampson appears to have been disturbed by anti-Catholic violence and contributed writings to the Society's newspapers. He was arrested at the time of the Irish Rebellion of 1798
, imprisoned, and compelled to leave Ireland for exile in Europe. Shipwrecked at Pwllheli
(he spelt it "Pulhelly") in Wales
, he made his way to exile in Oporto, where he was again arrested, imprisoned in Lisbon
, and then expelled. After living some years in France
, and then Hamburg
, he fled the approach of Napoleon's armies to England where he was re-arrested. After unsuccessfully petitioning for a return to Ireland, he arrived in New York
on 4 July 1806.
Sampson's most important case in America was in 1813 and is referred to as "The Catholic Question in America". Police investigating the misdemeanor
of receiving stolen goods questioned the suspects' priest, the Reverend Mr. Kohlman; he declined to given any information that he had heard in confession. The priest was called to testify at the trial trial in the Court of General Sessions in the City of New-York; he again declined. The issue whether to compel the testimony was fully briefed and carefully argued on both sides, with a detailed examination of the common law
; in the end, the confessional privilege
was accepted for the first time in a court of the United States.
He died in 1836 and was buried in the Riker Family graveyard on Long Island in what is now East Elmhurst, Queens, New York . He was later reinterred in Green-Wood Cemetery
in Brooklyn, New York, where he is now buried in the same plot as Matilda Witherington Tone and William Theobald Wolfe Tone, the wife and son of the Irish revolutionary Wolfe Tone, and his daughter Catherine, the wife of William Theobald Wolfe Tone .
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
known for his defense of religious liberty in 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...
and America
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
.
Early life
Sampson was born in DerryDerry
Derry or Londonderry is the second-biggest city in Northern Ireland and the fourth-biggest city on the island of Ireland. The name Derry is an anglicisation of the Irish name Doire or Doire Cholmcille meaning "oak-wood of Colmcille"...
, 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...
to an affluent Protestant family. He studied law in London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
. In his twenties, he briefly visited an uncle in North Carolina
North Carolina
North Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte...
. In 1790 he married Grace Clark; they had two sons, William and John, and a daughter, Catherine Anne.
Admitted to the Irish Bar, Sampson became Junior Counsel to John Philpot Curran
John Philpot Curran
John Philpot Curran was an Irish orator, politician and wit, born in Newmarket, County Cork. He was the son of James and Sarah Curran.-Career:...
, and helped him provide legal defenses for many members of the Society of United Irishmen. Although a member of the Church of Ireland, Sampson appears to have been disturbed by anti-Catholic violence and contributed writings to the Society's newspapers. He was arrested at the time of the Irish Rebellion of 1798
Irish Rebellion of 1798
The Irish Rebellion of 1798 , also known as the United Irishmen Rebellion , was an uprising in 1798, lasting several months, against British rule in Ireland...
, imprisoned, and compelled to leave Ireland for exile in Europe. Shipwrecked at Pwllheli
Pwllheli
Pwllheli is a community and the main market town of the Llŷn Peninsula in Gwynedd, north-western Wales. It has a population of 3,861, of which a large proportion, 81 per cent, are Welsh speaking. Pwllheli is the place where Plaid Cymru was founded. It is the birthplace of Albert Evans-Jones -...
(he spelt it "Pulhelly") in Wales
Wales
Wales is a country that is part of the United Kingdom and the island of Great Britain, bordered by England to its east and the Atlantic Ocean and Irish Sea to its west. It has a population of three million, and a total area of 20,779 km²...
, he made his way to exile in Oporto, where he was again arrested, imprisoned in Lisbon
Lisbon
Lisbon is the capital city and largest city of Portugal with a population of 545,245 within its administrative limits on a land area of . The urban area of Lisbon extends beyond the administrative city limits with a population of 3 million on an area of , making it the 9th most populous urban...
, and then expelled. After living some years in France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
, and then Hamburg
Hamburg
-History:The first historic name for the city was, according to Claudius Ptolemy's reports, Treva.But the city takes its modern name, Hamburg, from the first permanent building on the site, a castle whose construction was ordered by the Emperor Charlemagne in AD 808...
, he fled the approach of Napoleon's armies to England where he was re-arrested. After unsuccessfully petitioning for a return to Ireland, he arrived in New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
on 4 July 1806.
The Catholic Question In America
In America, Sampson successfully continued his career in the law, eventually sending for his family. He pursued cases such as the defense a Navy Lieutenant prosecuted for dueling. The authorities in Ireland disbarred Sampson, which caused him some bitter amusement, as it didn't affect his work in the United States.Sampson's most important case in America was in 1813 and is referred to as "The Catholic Question in America". Police investigating the misdemeanor
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
of receiving stolen goods questioned the suspects' priest, the Reverend Mr. Kohlman; he declined to given any information that he had heard in confession. The priest was called to testify at the trial trial in the Court of General Sessions in the City of New-York; he again declined. The issue whether to compel the testimony was fully briefed and carefully argued on both sides, with a detailed examination of the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
; in the end, the confessional privilege
Confessional Privilege (United States)
In United States law, confessional privilege is a rule of evidence that forbids the inquiry into the content or even existence of certain communications between clergy and communicants....
was accepted for the first time in a court of the United States.
He died in 1836 and was buried in the Riker Family graveyard on Long Island in what is now East Elmhurst, Queens, New York . He was later reinterred in Green-Wood Cemetery
Green-Wood Cemetery
Green-Wood Cemetery was founded in 1838 as a rural cemetery in Brooklyn, Kings County , New York. It was granted National Historic Landmark status in 2006 by the U.S. Department of the Interior.-History:...
in Brooklyn, New York, where he is now buried in the same plot as Matilda Witherington Tone and William Theobald Wolfe Tone, the wife and son of the Irish revolutionary Wolfe Tone, and his daughter Catherine, the wife of William Theobald Wolfe Tone .
Miscellaneous writings
- A faithful report of the trial of Hurdy-Gurdy, tried and convicted of a seditious libel in the court of King's Bench, on the testimony of French Horn
- Trial of Capt. Henry Whitby, for the murder of John Pierce, with his dying declaration: Also, the trial of Capt. George Crimp, for piracyPiracyPiracy is an act of robbery or criminal violence at sea. The term can include acts committed on land, in the air, or in other major bodies of water or on a shore. It does not normally include crimes committed against persons traveling on the same vessel as the perpetrator...
and manstealing - The case of George W. Niven, Esq., attorney and counsellor at law, charged with mal-practices and suspended by order of the court of common pleas
- Mr. Sampson's reply, on the trial of James Cheetham for a libel on Mrs. Margaret Brazier Bonneville
See also
- Theobald Wolfe ToneTheobald Wolfe ToneTheobald Wolfe Tone or Wolfe Tone , was a leading Irish revolutionary figure and one of the founding members of the United Irishmen and is regarded as the father of Irish Republicanism. He was captured by British forces at Lough Swilly in Donegal and taken prisoner...
- Thomas Addis EmmetThomas Addis EmmetThomas Addis Emmet was an Irish and American lawyer and politician. He was a senior member of the revolutionary republican group United Irishmen in the 1790s and New York State Attorney General 1812–1813.-Background:...