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 The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and powe ...

from

Texas Texas (, ; Spanish: ''Texas'', ''Tejas'') is a state in the South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2020, it is the second-largest U.S. state by ...

from 1859 to 1861. A member of the

Democratic Party Democratic Party most often refers to: *Democratic Party (United States) Democratic Party and similar terms may also refer to: Active parties Africa *Botswana Democratic Party *Democratic Party of Equatorial Guinea *Gabonese Democratic Party *Demo ...

, he was one of the signatories of the Confederate States Constitution.

Early life

Hemphill's father was a Presbyterian minister, The Reverend John Hemphill, who emigrated to the United States from County Londonderry, northern Ireland. His mother, Jane Lind, was also Scots-Irish but was born in

Pennsylvania Pennsylvania (; ( Pennsylvania Dutch: )), officially the Commonwealth of Pennsylvania, is a state spanning the Mid-Atlantic, Northeastern, Appalachian, and Great Lakes regions of the United States. It borders Delaware to its southeast, ...

, where they met and married. John Hemphill the younger was born in

South Carolina )'' Animis opibusque parati'' ( for, , Latin, Prepared in mind and resources, links=no) , anthem = " Carolina";" South Carolina On My Mind" , Former = Province of South Carolina , seat = Columbia , LargestCity = Charleston , LargestMetro = ...

. 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

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.Hart, James P. "John Hemphill - Chief Justice of Texas." ''Southwestern Law Journal'' 3 (fall 1949): pp. 395-415

Career

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. During this period, Texas was an independent republic and then a state in the United States before the

Civil War A civil war or intrastate war is a war between organized groups within the same state (or country). The aim of one side may be to take control of the country or a region, to achieve independence for a region, or to change government policies ...

. 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.""John Hemphill"
''Gale Encyclopedia of Biography'', at answers.com The challenges were far beyond the law; Hemphill became known for an incident in which he fought

Indian Indian or Indians may refer to: Peoples South Asia * Indian people, people of Indian nationality, or people who have an Indian ancestor ** Non-resident Indian, a citizen of India who has temporarily emigrated to another country * South Asia ...

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 Women's rights are the rights and entitlements claimed for women and girls worldwide. They formed the basis for the women's rights movement in the 19th century and the feminist movements during the 20th and 21st centuries. In some countries, ...

so that women could inherit equally. He also supported

homestead Homestead may refer to: *Homestead (buildings), a farmhouse and its adjacent outbuildings; by extension, it can mean any small cluster of houses * Homestead (unit), a unit of measurement equal to 160 acres *Homestead principle, a legal concept t ...

rights in adoption of principles of Spanish civil law. Hemphill was elected in 1858 to replace Sam Houston as United States senator from Texas when Houston would not support the right of states 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 The Provisional Congress of the Confederate States, also known as the Provisional Congress of the Confederate States of America, was a congress of deputies and delegates called together from the Southern States which became the governing body ...

, a position he held until his death in Richmond, Virginia.

Personal life

Hemphill never married. 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 Wilberforce College is a further education Sixth Form College in Hull, England England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies nort ...

in Ohio, considered a "training ground" for

abolitionists Abolitionism, or the abolitionist movement, is the movement to end slavery. In Western Europe and the Americas, abolitionism was a historic movement that sought to end the Atlantic slave trade and liberate the enslaved people. The Britis ...

before the Civil War. John Hemphill was a cousin of Charles Hare Hemphill, Lord Hemphill through his father, The Reverend John Hemphill.

Legacy

Hemphill and Hemphill County, Texas, are named after him.

References

External links

* * {{DEFAULTSORT:Hemphill, John 1803 births 1862 deaths 19th-century American politicians American people of Scotch-Irish descent Burials at Texas State Cemetery Chief Justices of the Republic of Texas Supreme Court Democratic Party United States senators from Texas Deputies and delegates to the Provisional Congress of the Confederate States Expelled United States senators Hemphill County, Texas People from Chester County, South Carolina People of Texas in the American Civil War Signers of the Confederate States Constitution Signers of the Provisional Constitution of the Confederate States Texas Democrats Washington & Jefferson College alumni