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

Early life and family

Anne Arundel County Anne Arundel County (; ), also notated as AA or A.A. County, is located in the U.S. state of Maryland. As of the 2020 United States census, its population was 588,261, an increase of just under 10% since 2010. Its county seat is Annapolis, wh ...

Maryland Maryland ( ) is a U.S. state, state in the Mid-Atlantic (United States), Mid-Atlantic region of the United States. It shares borders with Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; ...

. In his early years, he participated as a

minuteman Minutemen were members of the organized New England colonial militia companies trained in weaponry, tactics, and military strategies during the American Revolutionary War. They were known for being ready at a minute's notice, hence the name. Mi ...

in the

American Revolution The American Revolution was an ideological and political revolution that occurred in British America between 1765 and 1791. The Americans in the Thirteen Colonies formed independent states that defeated the British in the American Revolu ...

and studied law with

Samuel Chase Samuel Chase (April 17, 1741 – June 19, 1811) was a Founding Father of the United States, a signatory to the Continental Association and United States Declaration of Independence as a representative of Maryland, and an Associate Justice of th ...

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. Kensey Johns Jr. (December 10, 1791 – March 28, 1857) was an American lawyer and politician from Delaware. He was a member of the Federalist Party and later the Whig Party who served as U.S. Representative from Delaware. Early life and ed ...

(1791-1857), Rt.Rev.

John Johns John Johns (July 10, 1796 – April 5, 1876) was the fourth Episcopal bishop of Virginia. He led his diocese into secession and during the American Civil War and later tried to heal it through the Reconstruction Era. Johns also served as Presi ...

(1796-1876) and Rev. Henry Van Dyke Johns (1803–1859).

Career

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 The Delaware Supreme Court is the sole appellate court in the United States state of Delaware. Because Delaware is a popular haven for corporations, the Court has developed a worldwide reputation as a respected source of corporate law decisio ...

. In 1792, he was a member of the Delaware Constitutional Convention.

Senate appointment and rejection

On September 18, 1793, Read resigned his seat in the

United States Senate 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 ...

. The

Delaware General Assembly The Delaware General Assembly is the legislature of the U.S. state of Delaware. It is a bicameral legislature composed of the Delaware Senate with 21 senators and the Delaware House of Representatives with 41 representatives. It meets at Legi ...

deadlocked on the appointment of a replacement. Finally, with the state legislature still in session but still deadlocked,

Governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...

Joshua Clayton Dr. Joshua Clayton (July 20, 1744 – August 11, 1798) was an American physician and politician from Mt. Pleasant in Pencader Hundred, New Castle County, Delaware. He was an officer of the Continental Army in the American Revolution, and a me ...

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 Abraham Alfonse Albert Gallatin (January 29, 1761 – August 12, 1849) was a Genevan– American politician, diplomat, ethnologist and linguist. Often described as "America's Swiss Founding Father", he was a leading figure in the early year ...

, 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

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 The Delaware Court of Chancery is a court of equity in the American state of Delaware. It is one of Delaware's three constitutional courts, along with the Supreme Court and Superior Court. Since 2018, the court consists of seven judges. The chi ...

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

Death and legacy

Johns died in

New Castle, Delaware New Castle is a city in New Castle County, Delaware, United States. The city is located six miles (10 km) south of Wilmington and is situated on the Delaware River. As of the 2010 census, the city's population was 5,285. History New Cast ...

in 1848, and his son Kensey Johns Jr. would also die before the

American Civil War The American Civil War (April 12, 1861 – May 26, 1865; also known by other names) was a civil war in the United States. It was fought between the Union ("the North") and the Confederacy ("the South"), the latter formed by state ...

, and be buried in the family plot at

Immanuel Episcopal Church on the Green Immanuel on the Green (Episcopal) is an historic church in New Castle, Delaware, listed as a contributing property in the New Castle Historic District. The church is situated near the center of New Castle at the northeast end of the Green, or ...

. His son

, the elder of the two sons who became Episcopal priests (whereas Kensey Jr. was a Presbyterian), would become a bishop in

Virginia Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the East Coast of the United States, Atlantic Coast and the Appalachian Mountains. The geography an ...

and supporter of the

Confederate States of America The Confederate States of America (CSA), commonly referred to as the Confederate States or the Confederacy was an unrecognized breakaway republic in the Southern United States that existed from February 8, 1861, to May 9, 1865. The Confede ...

. 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 The National Register of Historic Places (NRHP) is the United States federal government's official list of districts, sites, buildings, structures and objects deemed worthy of preservation for their historical significance or "great artist ...

in 1973.

Almanac

References

* {{DEFAULTSORT:Johns, Kensey (jurist) 1759 births 1848 deaths People from Anne Arundel County, Maryland Chief Justices of Delaware Chancellors of Delaware Delaware lawyers People from New Castle, Delaware People of colonial Maryland 19th-century American lawyers