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- John Hemphill (1803-1862)
John Hemphill
Associate Justice, Supreme Court of the Republic of Texas, 1840
Chief Justice, Supreme Court of the Republic of Texas, 1841-1845
Chief Justice, Texas Supreme Court, 1845-1858
John Hemphill, the son of a Presbyterian minister, was born December 18, 1803 in Blackstock, South Carolina. He graduated second in his class at Jefferson College (now Washington and Jefferson) in Carmonsburg, Pennsylvania in 1825. He taught school briefly before undertaking the study of law. In 1829 he began a private legal practice in Sumter County, South Carolina. In 1836 he fought in the Second Seminole War, earning the rank of second lieutenant.
Hemphill relocated to Texas in 1838, practicing law in Washington-on-the-Brazos. Two years later, he was elected judge of the Fourth Judicial District by the Congress of the Republic, automatically making him an associate justice of the supreme court. On December 5, 1840, he was elected the Republic's fourth chief justice. He would hold this position both in the Republic and under statehood, until 1858. He was a member of the Congress of 1845, a proponent of statehood, and a framer of the 1845 Texas constitution.
Hemphill was present at the Council House Fight in San Antonio, where Texan-Comanche tensions erupted violently on March 19, 1840. Sixty-five Comanches, including twelve war chiefs, had gathered to negotiate a peace treaty with Texas. But the chiefs, who had failed to bring with them thirteen Anglo prisoners, were taken hostage on the condition that they release them. A fight ensued when they tried to escape, and thirty-three Comanches including women and children were killed in a bloody massacre. Thirty-two others, many of them wounded, were taken prisoner. The Comanches answered the atrocity with revenge raids, and Hemphill went on to fight in several subsequent campaigns against the Comanches. His military activities also included serving as adjutant general of the Republic and taking part in the Somervell expedition of 1842 to invade Mexico.
Hemphill was known for the literary quality of his written opinions during his eighteen years on the bench. He was fluent in Spanish and extremely knowledgeable in Spanish and Mexican law. Marital rights, divorce, and homestead and other exemptions were among his chief judicial interests, and he was considered a champion of children's and women's rights. He is credited with shaping Texas community property and homestead laws.
In 1858 Hemphill left the bench to become a U.S. Senator, filling the seat vacated by Sam Houston. There he gave a speech advocating the legality of secession, was one of fourteen senators recommending secession of the Southern states, became a member of the Provisional Confederate Congress, and was terminated from his senate seat. Never married, Hemphill died in Richmond, Virginia, on January 4, 1862, and his body was returned to Texas for burial in the State Cemetery in Austin.
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