John Hemphill stands as a pivotal figure in 19th-century American history, particularly within the narrative of Texas. Born on December 18, 1803, in Blackstock, South Carolina, John Hemphill’s journey took him from the legal circles of South Carolina to the forefront of Texas jurisprudence and ultimately to the tumultuous landscape of the Confederate Congress. His life, marked by intellectual rigor and a firm belief in states’ rights, left an indelible mark on the legal and political fabric of Texas and the nation.
Early Life and Legal Foundations in South Carolina
The son of Presbyterian minister John Hemphill and Jane (Lind) Hemphill, young John Hemphill benefited from an environment that valued education. He pursued higher learning at Jefferson College (now Washington and Jefferson College) in Pennsylvania, showcasing his academic prowess by graduating second in his class in 1825. Following graduation, Hemphill dedicated himself to education, working as a schoolteacher in South Carolina. However, his ambition led him towards the legal profession. In 1829, he commenced his legal studies under the tutelage of David J. McCord in Columbia, a prominent legal figure. By November 1829, John Hemphill was admitted to practice in the Court of Common Pleas, and in 1831, he further expanded his legal capabilities by gaining admission to practice in the Court of Chancery. He established his legal practice in Sumter District, South Carolina, quickly becoming known for his sharp legal mind.
During the early 1830s, John Hemphill’s commitment to states’ rights became evident. He took on the role of editor for a nullification newspaper in Sumter from 1832 to 1833. This period was marked by the Nullification Crisis, where South Carolina declared federal tariffs unconstitutional, asserting states’ rights against federal overreach. Hemphill’s involvement underscores his early alignment with the principles of states’ sovereignty. His sense of duty extended beyond the courtroom and the press; in 1836, he volunteered for service in the Seminole War, achieving the rank of second lieutenant, demonstrating his commitment to practical action alongside his legal and political convictions.
Transition to Texas and Ascendancy to Chief Justice
In the summer of 1838, seeking new opportunities and perhaps a landscape more aligned with his political views, John Hemphill immigrated to the Republic of Texas. He established a legal practice in Washington-on-the-Brazos, quickly integrating himself into the burgeoning legal community of the Republic. His legal acumen was soon recognized at the highest levels. In early 1840, the Congress of the Republic of Texas elected him as judge of the Fourth Judicial District. This election automatically elevated him to associate justice of the Republic Supreme Court, confirmed on January 20, 1840. This rapid ascent speaks volumes about Hemphill’s reputation and abilities within the Texan legal fraternity.
Hemphill’s early years in Texas were not confined to the courtroom. He participated in the Council House Fight in San Antonio on March 19, 1840, an event that highlighted the volatile relations between Texans and Comanche Native Americans. Furthermore, between 1840 and 1841, he joined campaigns against the Comanches, and in 1842–43, he served as adjutant general of the Somervell expedition, during a period when the Supreme Court was not in session. These experiences reveal a man actively involved in the civic and military life of the young republic, beyond his judicial duties.
A significant turning point in John Hemphill’s career came on December 5, 1840, when the Congress elected him Chief Justice of the Supreme Court. This prestigious position, which he held until 1858, solidified his role as a cornerstone of Texas jurisprudence. As Texas moved towards annexation into the United States, Hemphill was elected as a delegate from Washington County to the Convention of 1845, casting his vote in favor of statehood. Following annexation, Governor James Pinckney Henderson appointed Hemphill to a six-year term as Chief Justice, confirmed on March 2, 1846. Later, after the selection of Supreme Court justices became the purview of voters, Hemphill was elected Chief Justice in 1851 and again in 1856, demonstrating continued public confidence in his leadership and judicial philosophy.
Shaping Texas Jurisprudence: The John Marshall of Texas
John Hemphill’s legacy as Chief Justice is profound. He earned the moniker “the John Marshall of Texas” due to his significant and formative influence on the development of Texas law. His judicial approach was marked by a deep engagement with Spanish and Mexican law, a necessity given Texas’s historical context and legal heritage. He dedicated himself to understanding these legal systems, which heavily influenced his decisions, particularly in cases concerning marital rights, divorce, and homestead and other exemptions.
Hemphill was particularly noted for his “liberal construction” of married women’s rights and his strong advocacy for homestead rights. His rulings significantly shaped the “form and content” of community property and homestead exemption law in Texas. He regretted the adoption of common law by the Texas Congress in 1840, believing it less suited to the Texan context than civil law traditions. Through his written opinions, John Hemphill skillfully preserved “something of the liberal spirit of the civil law,” injecting principles of equity and community considerations into the evolving Texas legal framework. His decisions were instrumental in defining and protecting the rights of families and individuals within the unique Texan socio-legal environment.
From Jurist to Confederate Statesman
Despite his long and distinguished judicial career, John Hemphill transitioned to the political arena in the late 1850s. In November 1857, dissatisfied Democrats nominated him to succeed Sam Houston in the U.S. Senate. Hemphill was elected by the Texas Senate and assumed office on March 4, 1859. His senatorial tenure coincided with the escalating national crisis leading to the Civil War.
As a senator, John Hemphill voiced his firm belief in states’ rights and the right of states to secede. In January 1861, he delivered an address articulating his secessionist views, and on January 6, 1861, he joined thirteen other senators in recommending the immediate secession of Southern states. When Texas seceded, Hemphill aligned himself with the Confederacy. On February 4, 1861, the Secession Convention elected him as one of seven Texas delegates to the convention of Southern states in Montgomery, Alabama, which formed the Provisional Confederate Congress. This marked his formal departure from the U.S. Senate, culminating in his expulsion by resolution on July 11, 1861.
Within the Provisional Confederate Congress, John Hemphill served on several key committees, including Commercial and Financial Independence, Finance, and Judiciary, and a special committee focused on adapting U.S. laws for Confederate purposes. He dedicated his efforts to establishing a legal framework for the nascent Confederacy, drawing upon his extensive legal expertise. In November 1861, he ran for a seat in the First Regular Congress but was narrowly defeated by Williamson S. Oldham. Tragically, his service to the Confederacy was cut short. Before the Provisional Congress concluded, Judge John Hemphill died in Richmond, Virginia, on January 4, 1862. His body was returned to Austin and laid to rest in the State Cemetery.
Legacy and Remembrance
John Hemphill never married and was remembered as a private and reserved man, yet also as generous and dedicated to public service. His contributions to Texas law are enduring, shaping the state’s legal system in its formative years. Hemphill County, established on August 21, 1876, stands as a lasting tribute to his impactful life and career, ensuring that the name John Hemphill remains synonymous with the development of Texas jurisprudence and his complex navigation of a nation grappling with division. His life story provides a valuable lens through which to understand the legal, political, and social complexities of 19th-century America and, specifically, the evolution of Texas.
