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Kensey Johns (judge)

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Kensey Johns Sr.
Supreme Court Chief Justice of Delaware
Chief Justice of Delaware Supreme Court
In office
1798–1830
Preceded byRichard H. Bayard
Succeeded bySamuel M. Harrington
Chancellor of Delaware
In office
1830–1832
Preceded byNicholas Ridgely
Succeeded byKensey Johns Jr.
Personal details
Born(1759-06-14)June 14, 1759
Sudley, Anne Arundel County, Maryland
DiedDecember 21, 1848(1848-12-21) (aged 89)
New Castle, Delaware
Resting placeImmanuel Church, New Castle, Delaware
SpouseNancy Ann Van Dyke
ChildrenKensey Johns Jr., John Johns

Kensey Johns (June 14, 1759 – December 21, 1848) was a lawyer, politician, jurist and plantation owner from Delaware.

Early life and family

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Johns was born at Sudley Plantation in Anne Arundel County, Maryland, on June 14, 1759.[1][2] In his early years, he participated as a minuteman in the American Revolution and studied law with Samuel Chase and George Read.

In 1784, Johns married Ann Van Dyke, the daughter of Nicholas Van Dyke, the Governor of Delaware. George Washington was a guest at the wedding, and the home in which they were wed is preserved as a museum house in New Castle. Their children included Ann Johns (1787–1874), Susannah Johns Stewart (1789–1862), Kensey Johns Jr. (1791–1857), Rt.Rev. John Johns (1796–1876) and Rev. Henry Van Dyke Johns (1803–1859).

Career

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He was admitted to the Delaware bar and practiced law for over a decade before being appointed an associate judge of the Delaware Court of Appeals (which later became the Delaware Supreme Court. In 1792, he was a member of the Delaware Constitutional Convention.

Senate appointment and rejection

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On September 18, 1793, Read resigned his seat in the United States Senate. 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.

Later judicial career

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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 Delaware. He held that post until the 1832 Constitution of Delaware became operative, at which point he was succeeded by his son, Kensey Johns Jr.

Death and legacy

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Johns died in New Castle, Delaware, on December 21, 1848,[3] and his son Kensey Johns Jr. would also die before the American Civil War, and be buried in the family plot at Immanuel Episcopal Church on the Green in New Castle, Delaware. His son John Johns, the elder of the two sons who became Episcopal priests (whereas Kensey Jr. was a Presbyterian), would become a bishop in Virginia and supporter of the Confederate States of America. The Johns family lost their slaves after the war ended, but Delaware did not secede from the Union. Their ancestral home, Sudley, was listed on the National Register of Historic Places in 1973.

Almanac

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Public offices
Office Type Location Began office Ended office Notes
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

See also

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References

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  1. ^ Holcomb, Thomas (1890). Sketch of Early Ecclesiastical Affairs in New Castle, Delaware, and History of Immanuel Church. Delaware Print. Company. p. 254.
  2. ^ Papers of the Historical Society of Delaware. The Society. 1897. p. 65.
  3. ^ Hunt, William (1849). American Biographical Panorama. J. Munsell. p. 320.