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June 2015

The Lone Star Republic’s Supreme Court Wove the Fabric of Law from the Threads of Three The Lone Star Republic’s Supreme Court Wove Competing Legal Traditions Part 3: The Scotch-Irish, Born Fighting the Fabric of Texas Law from the Threads of By Da v i d A. Fu r l o w Three Competing Legal Traditions Page 7 SPOTLIGHT ON AN EL PASO LAWYER Leila Safi Hobson By Cl i n t o n F. Cr o s s Page 16

Surprise – Who is Tracking You (Besides NSA)? And How to Stop It By Da v i d J. Fe r r e l l Page 18

June 2015 El Paso Bar Association Labor & Employment Section Brown Bag Luncheon Seminar The Latest Developments In Labor and Employment Law Thursday, June 4, 2015, 12:30 – 2:30 p.m. Ceremonial Courtroom, 12th Floor, El Paso County Courthouse FREE, approved for 2.0 hours of MCLE

Topics: •Top 10 Most Interesting and Useful Employment Cases in the Last Year. Gerald Howard, Kemp Smith •To “tweet” or Not to “tweet”: Implications of Social Media in the Workplace. Diana Macias Valdez, Law Office of Diana Macias Valdez, PLLC •Same Sex Marriage and Emerging LGBT Issues in the Work- place. John Collins and Blake Downey, ScottHulse, P.C. •Plaintiffs’ Panel: Best Trial Practices, Including Pre-trial and Post-trial •John Wenke, Law Offices of John Wenke •Lynn Coyle, Law Office of Lynn Coyle, PLLC •Lisa Elizondo, The Law Office of Lisa Elizondo, PLLC

If you would like to pre-register, contact Nancy at ngallego. [email protected]

Fe d e r a l Co u r t Pr a c t i c e Se m i n a r Wednesday, June 10, 2015 Albert Armendariz, Sr. U.S. Courthouse Jury Assembly Room, 2nd Floor 12:00 – 5:00 p.m. Approved for 4.0 hours of MCLE, including 1.0 hour of Ethics

$115 for current FBA Members $215 for non-FBA Members

RSVP by Monday, June 8th to Kristin Kimmelman at 534-6525 or at [email protected]

June 2015 3

Pr e s i d e n t ’s Pa g e

State Bar of Texas Awards Award of Merit Star of Achievement Outstanding Partnership Award have been privileged to highlight some of the best lawyers Outstanding Newsletter in El Paso through this President’s Page. Highlighting one Publication Achievement Award or two of our most talented lawyers each month means NABE LexisNexis Awards I Community & Education Outreach Award there are many that have gone without mention. -2007, 2010 & 2012 This month I would like to talk about our business and Excellence in Web Design – 2007 transactional lawyers who handle real estate transactions, create Excellence in Special Publications – 2008 business entities and resolve conflicts between parties when Laura Enriquez, President disputes and complex issues arise. Much of this work involves Myer Lipson, President-Elect substantive knowledge of business and administrative law that Christopher Antcliff, Vice President most trial lawyers do not even begin to understand. Mark Dore, Treasurer Jennifer Vandenbosch, Secretary I highlight these lawyers in part to introduce Myer Lipson, the new President Randolph Grambling, Immediate Past of the El Paso Bar Association. Myer is joined by many other very competent El President Paso lawyers practicing in this area, such as Mike and Frank Ainsa, Steve Anderson, 2014-2015 Board Members David Bernard, Joyhn Birkelbach, Bernanrd Felsen, Robert Feuille, Guy Fields, Brock Benjamin Robert Gibson, Risher Gilbert, Michael Ginnings, Allan Goldfarb, Merton Goldman, Ouisa Davis Soraya Hanshew Patrick Gordon, Tim Johnson, Jay Kerr, Rodolfo Mata, Hector Phillips, Clyde Pine, Rene Ordonez Ernesto Pineda and Patrick Wolf. Jeff Ray I personally want to recognize and thank John Boomer, General Counsel for El Melissa Baeza Daniel Hernandez Paso Electric. He is a brilliant lawyer. I also appreciate him as a human being since Judge Miguel Torres he also saved me last year from being mugged in downtown El Paso. Felix Valenzuela Sean White Back to Myer Lipson. Myer has spent the last four years on the executive Kristina Voorhies Legan committee of the El Paso Bar Association. He has been an excellent member of the Aldo Lopez executive team—participating in the business of the Association and working on David Mirazo Janet Monteros policies and organizational matters—and he has also supported the various activities Philip Mullin of the organization including the Access to Justice Clinic and the Veteran’s Clinic. Ex-Officios Myer is an excellent business and transactional law attorney who epitomizes the SBOT Director, District 17, EPYLA, talent within our bar, but he will also be a great bar president. We are fortunate MABA, EPWBA, ABOTA, FBA, EPBF, EPFLBA, EPPBA, EPALP to have Myer serving the Bar Association and becoming its leader next year. Our Executive Director community is profoundly better because of the expertise and experience Myer and Nancy Gallego other business lawyers share with their clients in and around El Paso. Editorial Staff Clinton Cross, Judge Maria Salas- I chose to move to El Paso to practice law even though I had offers to practice Mendoza, Nancy L. Gallego in other cities at the time of my law school graduation. I was motivated to accept & Ballard C. Shapleigh employment in El Paso because of the caliber of lawyers I had dealt with in El Paso as a law clerk, attending hearings, taking or defending depositions or working on The El Paso Bar Journal is a bi-monthly publication of the El Paso Bar Association. Articles, notices, suggestions trials. I believe that many of the gems in our profession live and reside in El Paso. and/or comments should be sent to the attention of Nancy I will always be proud to be a member of the El Paso Bar Association. I will always Gallego. All submissions must be received by the Bar office on or before the 10th day of the month preceding be grateful for the opportunity that I have had to lead this organization. I thank publication. Calendar listings, classified ads, display everyone for a great bar year. ads, and feature articles should not be considered an And remember, for all of your legal needs, hire the best, hire an El Paso endorsement of any service, product, program, seminar or event. Please contact the Bar office for ad rates. Ar- lawyer. ticles published in the Bar Journal do not necessarily La u r a En r i q u e z , reflect the opinions of the El Paso Bar Association, its Officers, or the Board of Directors. The El Paso President Bar Association does not endorse candidates for political office. An article in the Bar Journal is not, and should never be construed to be, an endorsement of a person for political office.

June 2015 4

E l Pa s o Ba r Ass o c i a t i o n June Bar Luncheon State Bar Tuesday, June 9, 2015 of Texas Awards l El Paso Club 201 E. Main, 18th Floor, The El Paso Bar Association will receive the Chase Bank - cost $20 per person, 12:00 Noon Award of Merit at the State Bar of Texas Annual Election and Swearing In of 2015-2016 Meeting on June 18, 2015 in , Texas. Officers and Directors The award will be presented during the Bar Officers: Leaders Recognition Luncheon. Myer Lipson – President Chris Antcliff – President-Elect Mark Dore – Vice President Jennifer Vandenbosch – Treasurer Daniel Hernandez – Secretary Board of Directors (1 year term) El Paso Bar Association Danny Razo Board of Directors (3 year term) 2015-2016 Jessica Kludt Membership Dues Statements Charles Ruhmann have been mailed out and should be returned Jed Unterker to our office by July 1, 2015. Bill Hicks Judge Laura Strathman Door prizes will be given out Please make your reservations by Monday, June 8, 2015 at 1:00 p.m. at [email protected] or [email protected] Upcoming Holidays: Please make sure you RSVP. Friday, June 19, 2015 – Juneteenth Day Saturday, July 4, 2015 – Independence Day

CALENDAR OF EVENTS June, 2015

Tuesday, June 2 Tuesday, June 9 Thursday, June 18 EPBA BOD Meeting EPBA Monthly LuncheonElection EPPA Monthly Luncheon Thursday, June 4 and Swearing In Of Officers/Directors for Friday, June 19 Labor & Employment 2015-2016 Bar Year Juneteenth Day – EPBA Office Closed Law Seminar. FREE Wednesday, June 10 EPCLSA Monthly Meeting Have a great summer!!!!

Articles published in the Bar Journal do not necessarily reflect the opinions of the El Paso Bar Association, its Officers, or the Board of Directors. The El Paso Bar Association does not endorse candidates for political office. An article in the Bar Journal is not, and should never be construed to be, an endorsement of a person for political office.

June 2015 5 Magna Carta and the Surprising Survival of Jury Trial Part III

By Jo s h u a Ta t e

ike the constitutional protection for civil answer is that the ordeals were supervised by Western Europe. How would defendants be jury trials, the right to a jury in criminal priests who sought divine intervention to ensure tried in criminal cases, when God’s blessing Lcases traces its origin to an important that the guilty were punished and the innocent could not be sought for the ordeals? The development in 1215. In the case of criminal were spared. Medieval Englishmen believed in English courts were not sure what to do, but trials, however, the protection came about not the power of the priests to invoke God’s blessing, a practice developed of asking the defendant because of Magna Carta, but because of the and they believed in miracles. If a defendant how he wished to be tried. If he responded, “By Fourth Lateran Council. subjected to the ordeal of hot iron was innocent, God and the Country,” be pressed with heavy Unlike disputes over land and rights of they believed God would perform a miracle and weights until he relented or was killed. This patronage, which involved some of the most preserve his hand from infection. was referred to as “peine forte et dure.” Some important barons in the realm, criminal cases Another ordeal was called the ordeal of defendants actually agreed to this torture in generally involved men and women on the cold water. It involved dunking the defendant order to preserve their land from being forfeit lowest rung of society. The king wanted to into a river, lake, or other body of water. If he to the state. However, the vast majority of make sure that criminals were punished, usually sank, that meant the water was receiving him defendants agreed to be tried by a jury. by execution or exile. However, it was not with God’s blessing and he was innocent. If he In conclusion, trial by jury became the worth expending much effort or resources to try floated, he was guilty. It does not take a rocket default mechanism for resolving criminal criminal defendants. Prior to 1215, therefore, scientist to figure out that whether a body floats cases thanks to a change in canon law. As we the default mechanism of resolving criminal or sinks in water is not a matter of conscience. have previously seen, however, civil jury trial cases was through the ordeals. Nevertheless, the priestly blessing legitimized is a legacy of Magna Carta. The historical An example of a typical medieval ordeal the procedure. association of trial by jury with the rule of was the so-called ordeal of hot iron. The hand The system of criminal justice based on law helps to explain its place in the U.S. of the defendant was burned and bandaged. A the ordeals was suddenly rendered useless Constitution. Whether jury trial is good or bad few days later, the hand would be inspected in 1215, when Pope Innocent III pronounced is not a question that can easily be answered. to determine whether the wound had become at the Fourth Lateran Council that priests In order to understand the institution of jury infected. If the wound was infected, the accused would no longer be allowed to participate in trial, however, it is essential to understand the person would be declared guilty. If not, the the ordeals. The early thirteenth century was history, which all begins with Magna Carta accused was declared innocent, and his life a time when the great universities of Europe and the story of a bad king who was forced to would be spared, although he would still be were rediscovering Greek philosophy and other accept the rule of law. exiled from the realm. branches of ancient knowledge. The ordeals Medieval people were not stupid. Although seemed to be a leftover from a more barbaric JOSHUA C. TATE Is an Associate Professor of Law they did not have our knowledge of biology age, not suited to the learning of the age. at Southern Methodist University Dedman School and the causes of infection, they knew that Accordingly, the church disassociated itself of Law. He is a graduate of Pomona College, the robbers and thieves were no more likely to from the ordeals. University of Cambridge, and Yale University. He suffer infection when their hands were burned. The Fourth Lateran Council presented an is Honorary Secretary and Treasurer of the Seldon Why did they accept these ordeals as valid? The urgent and massive practical problem all over Society in America .

Have a great SAVE THE DATE!!!! summer 20th Annual Civil If you are traveling out of town, Trial Practice Seminar be safe and have fun!!! February 11, 12 & 13, 2016 Nancy Gallego Mirage Hotel & Resort Ex ec u t i v e Di r ec t o r Las Vegas, Nevada El Pa s o Ba r As s o c i a t i o n

June 2015 6

The Lone Star Republic’s Supreme Court Wove the Fabric of Texas Lawfrom the Threads of Three Competing Legal Traditions Part 3: The Scotch-Irish, Born Fighting

Republished with permission from the Winter, 2014 issue of the Journal of the Texas Supreme Court Historical Society.

By Da v i d A. Fu r l o w

In two previous parts of this article, published Tierra restaurant, you can toss back shots of on the Internet in the Fall 2013 and Summer Monte Alban Agave Mezcal con Gusano, order Cultures encompass more than food, drink, 2014 issues of the Journal of the Texas Supreme chiles rellenos and tres leches, gaze on fading music, and architecture, however. They include Court Historical Society (and republished photos of Pancho Villa, and hear Feliz Navidad ways of creating order, attitudes toward with permission in the last two issues of this play every Christmas season. authority, and ideas about liberty and restraint. Journal), we examined the first two of the Go to the Williamsburg Inn’s Regency Reproduced through child-rearing, religious three competing legal traditions that shaped Room in Virginia’s former capital and you’ll institutions, education, work, rules, regulations, Texas law during the Republic—the Castilian breakfast on steak and eggs, snack on stuffed and codes, every society creates a legal culture influence that came to Texas through Spain Chesapeake crabs, listen to a spirited rendition and passes it down the generations.5 and Mexico1 and the planter-elite culture that of The World Turned Upside Down (the tune To understand how cultures shape Stephen F. Austin and his colonists brought Lord Cornwallis’s drum and fife corps played expectations, foster institutions, and administer from the Tidewater South.2 when they surrendered at Yorktown), and drink justice, Malcolm Gladwell states that “you have This final installment analyzes a third mint juleps beneath Neoclassical columns. to go back into the past—and not just one or two influence on the constitution and case law Stop by the Loveless Café in Nashville and generations…[but] two or three hundred years, of early Texas—the fiercely independent, you’ll enjoy a Country Western experience. to a country on the other side of the ocean, and frequently violent, and usually clannish Scotch- After a day watching NASCAR races, you may look closely at what exactly the people in a very Irish culture.3 They introduced ideas of natural sip Jack Daniel’s No. 7 Whiskey on specific geographic area…did for a living.” 6 liberty, low taxes, severely limited government, a dog-trot porch, dine on fried catfish, pass the and pro-debtor legislation to Texas. We’ll cornbread, and listen to the Grand Ole Opry A mass migration of the Scotch-Irish examine several men of Scotch-Irish background before retiring to a featherbed. travelled to America in the seventeenth and who wove the contending, competing traditions Transmitted from parent to child, lover to eighteenth centuries. of Castilian/Tejano, Tidewater Chesapeake, and lover, spouse to spouse, and teacher to student In 1773, Dr. Samuel Johnson noted how Southern Back Country culture into the fabric over the generations, foodways, music, and emigrants to America retained their traditional of Texas jurisprudence. The cultural origins architecture are social inheritances as long- folkways: of the Republic’s lawmakers help explain the lasting as regional accents. As New Yorker mindset, constitutional ideals, and decisions staff journalist and author Malcolm Gladwell Whole [Border Country] neighborhoods of Sam , Thomas Jefferson Rusk, and observed, formed parties for removal; so that John Hemphill. departure from their native country Cultural legacies are powerful forces. is no longer exile. He that goes thus Scotch-Irish legal traditions blended with They have deep roots and long lives. accompanied, sits down in a better climate, other legal traditions to create a unique They persist, generation after generation, surrounded by his kindred and friends; Texas culture. virtually intact, even as the economic and they carry with them their language, their social and demographic conditions that popular songs, and hereditary merriment: America preserves a variety of contending spawned them have vanished, and they they change nothing but the place of their cultures. If you want to see the way cultures play such a role in directing attitudes and abode. 7 shape societies and frame choices, go out for behavior that we cannot make sense of the a meal. If you sit down in San Antonio’s Mi world without them.4 As they moved their families from the

June 2015 7

Atlantic seaboard to the Appalachians, the northern end of Alabama and — by death.”22 Texas’s Scotch-Irish immigrants emigrants’ Border Country ways turned into the were settled overwhelmingly by immigrants shared a shoot-nowand-ask-questions-later American South’s Back Country traditions.8 from one of the world’s most ferocious veneration of violence with their Border Country cultures of honor. They were “Scotch- forbears and Back Country ancestors. This Scotch-Irish traditions of honor, violence, Irish”…from the lowlands of Scotland, the tradition reflected an Anglo-American culture and vengeance infused Britain’s Border northern counties of England, and Ulster in distinctly different from the Virginia Tidewater Country, America’s Southern Back Country, Northern Ireland.12 ideals of a chivalric, aristocratic “Southern and Texas. The [British Border Country consisted Gentleman” society that arrived in 1820s Texas of]…remote and lawless territories … when Stephen F. Austin settled Texas with Where crops grow poorly, people are fought over for hundreds of years. The Tidewater plantation owners.23 impoverished, and property is threatened, people of the region were steeped in codes of honor that embrace strength, violence, violence. They were herdsmen, scraping Scotch-Irish politicians and judges shaped and vengeance often arise. Malcolm Gladwell out a living on rocky and infertile land. Texas’s legal culture. offers a valuable insight: They were clannish, responding to the harshness and turmoil of their environment Sometimes disparaged in Britain as “the If you live on some rocky mountainside, by forming tight family bonds and placing Scum of the Earth,” “Rednecks,” and—in the explanation goes, you can’t farm. You loyalty to blood above else. And when they America—as “Hillbillies,” “White Trash probably raise goats or sheep, and the kind immigrated to North America, they moved (in modern times, “Trailer Park Trash”) of culture that grows up around being a into the American interior, to remote, and “Crackers,” a wave of rough and ready herdsman is very different from the culture lawless, and marginally fertile places... Scotch-Irish settlers overflowed into Texas in that grows up around growing crops. that allowed them to reproduce in the New the 1820s, 1830s, and 1840s.24 They were the The survival of a farmer depends on the World the culture of honor they had created last phase of a decades spanning migration cooperation of others in the community. But in the Old World.13 of a quarter million largely poor farmers and a herdsman is off by himself. Farmers also laborers from the British Border Country that don’t have to worry that their livelihood Sociological studies show that America’s began in the seventeenth century and ended will be stolen in the night, because crops Scotch-Irish immigrants exulted honor, violence, in the eighteenth.25 As Texas historian T. R. can’t be easily stolen unless…a thief wants and vengeance far more than their English, Fehrenbach observed, to…harvest[] an entire field on his own. German, Dutch, and Scandinavian neighbors.14 But a herdsman…[is] under constant threat This immigration into Texas was part of ruin through the loss of his animals. The pugnacious, self-reliant Scotch-Irish of the expansion of the South itself; it So he has to be aggressive: he has to… settlers who came to Texas recognized an was not an expansion out of the adjacent be willing to fight in response to even the informal system of retributive justice in states of Louisiana or Arkansas, but by slightest challenge to his honor—and that’s which each individual acted as an armed families who leapfrogged from Alabama or what a “culture of honor” means…. 9 guard of his financial, familial, and other Tennessee. One-half the white population interests.15 They continued feuding and came from these two states, Alabama and Carrying Border Country cattle-ranching and seeking retributive justice, lex talionis, that Tennessee. cattle-reeving folkways with them, Scotch-Irish started in Britain’s Border Country, and These settlers largely came from the hill settlers brought cows from England, Scotland, continued in America. The feud between the and forest regions, not from the plantation and Northern Ireland, including “Celtic,” Hatfields and McCoys, for example, began south; they were “red-necks” or yeoman long-horned Kerry cattle, and took them to as a dispute over two razorback hogs but farmers who went entirely into the prairie Appalachia, Alabama, and Arkansas.10 In Texas, resulted in twenty deaths.16 Similar feuds, and post-oak regions far up the Texas they bred their cows with the native Spanish including the chaotic Regulator-Moderator rivers. They wanted to get away from the stock to produce Longhorns and to recreate a War, erupted in during the slave plantations, with which they could culture of honor among the vaqueros, cowboys, Republic.17 Texas’s first appointed chief not compete; they could most easily ranchers, rustlers, and Rangers of the Lone Star justice, Scotch-Irish acquire land on the far edge of settlement, Republic.11 challenged , the Republic’s last and there was, noticeably, in these people How did a culture of honor arise in Texas, president, to “fight with pistols at ten steps,” an urge toward the far frontier ….26 as it had in the British Border Country and in but settled the dispute after Jones agreed to America’s Southern Highland (Appalachian) battle it out.18 Lumping together early nineteenth century Back Country? white settlers as “Anglos” ignores the conflicting Judges who acted in accord with Scotch-Irish cultural traditions that gave rise to two very It was because of where the original tradition placed more emphasis on punishing different legal cultures. inhabitants of that region came from. The crimes against property than crimes of violence.19 so-called American [B]ack [C]ountry That pattern has persisted for two centuries in Border Country dialects carried Scotch- states—from the Pennsylvania border Texas,20 where “the criminal codes of the state Irish culture into Southern Back Country south and west through Virginia and West of Texas regarded casual killing as a relatively speech and Texas talk. Virginia, Kentucky and Tennessee, North minor crime, drawing two to twenty years,”21 Carolina and South Carolina, and the while “horse theft logically had to be punished As Malcolm Gladwell notes, “[w]hatever

June 2015 8 mechanism passes on speech patterns probably intensely negrophobic and antisemitic. In passes on behavioral and emotional patterns our own time they are furiously hostile as well.”27 Many Southerners who came to to both communists and capitalists. The Texas in the nineteenth century shared a people of the southern highlands have distinctive regional dialect known as “Scotch- been remarkably even-handed in their Irish speech.” Still heard in the Appalachians antipathies—which they have applied to all and Ozarks, the lower Mississippi Valley, and strangers without regard to race, religion the Southern Plains to this day, this Southern or nationality.32 dialect connected the Southern Highland Back Country Scotch-Irish with their Border Country In the Border Country, the Back Country, , as a ancestors.28 and Texas, fear of the “Other” was always Official White House U.S. Senator Southern Back Country speech used whar great. portrait by Ralph for where, thar for there, hard for hired as in E.W. Earl (1835) hard hand, critter for creature, deef instead Distrust of banks, creditors, and big of deaf (the name of the San Jacinto Scout government characterized Scotch-Irish brought the Republic to near bankruptcy.37 is pronounced Deef Smith rather than Deaf culture in the Border Country, Back Country, When Scotch-Irish, Southern Back Country Smith), pizen for poison, nekkid for naked, and Texas. settlers came to Texas in the nineteenth widder for widow, and young-uns for young century, they followed rough-hewn leaders and ones.29 The Border Country’s cadenced lilt and As a rule, individuals who exemplified the chose judges eager to fight for their political, Appalachia’s rough Back Country accents echo British Border Country, Southern Back Country, economic, and religious interests. Their elected in the Country Western sound of Clint Black and Republic Texas opposed governing officials and their judges played the same social and Reba McEntire, the humor of Larry the authority not when it was close, e.g., inside their role as the thanes (war chieftains) in the British Cable Guy, the violence in Clint Eastwood’s clan or a local justice court. But they chafed Border Country: The Outlaw Josie Wales, and the exuberance of when governments raised taxes, loomed large, Slim Pickens’s character Major “King” Kong or governed from a distance, whether the capitol The Calhouns, Polks, Jacksons, Henrys, in Dr. Strangelove. was in London, Williamsburg, Washington, , Bells, Grahams and Bankheads D.C., City, Saltillo, or Austin.33 were typical of the [B]ack [C]ountry elite. Hostility toward “foreigners” President Andrew Jackson, for example, shut The founders of these families in America characterized Border Country, Back down Nicholas Biddle’s Second Bank of the had all been people of substance in North Country, and Texas attitudes. for the same reasons his Border Britain …. These elite families firmly Country ancestors would have shuttered the established their hegemony in the [B]ack To Border Country immigrants and their Bank of England.34 [C]ountry before the American War of Scotch-Irish elite descendants in America Independence ….38 (the “Ascendancy” in nineteenth century Scotch-Irish military and political leaders parlance),30 “the word foreigner…[was] used shaped Southern Back Country and the Southern Back Country notions of natural …in its Elizabethan sense of someone who ’s legal culture. law, lex taliensis rough justice, fearlessness in is the same nationality as the speaker, but not battle, and fanatical commitment to individual from the speaker’s immediate area.”31 The Like their ancestors in the violent, British liberty dominated Texas during the Republic. result was a xenophobic outlook hostile to the Border Country and their forefathers in feud- The most prominent national leader “Other” throughout American history: first and riven Appalachia, Texas’ Scotch-Irish settlers of the Scotch-Irish in America, President foremost toward Native Americans; then to of the 1820s, 1830s, and 1840s recreated a Andrew Jackson, supported Texas’s drive for Virginia and Massachusetts economic elites; traditional culture of honor. They zealously independence and annexation to the United then to Parliament, and King George III; later, defended their honor, punished property crimes States.39 Like Andrew Jackson, Sam Houston to Spaniards, Mexicans, and Tejanos; later more heavily than crimes of passion, waged favored greater constitutional guarantees than still, to Africans, freed slaves, Yankees, Jews, relentless war on Indians (with a few exceptions those in the U.S. Bill of Rights. Most of the and northern intellectuals—none of whom such as Sam Houston), prayed fervently Scotch-Irish settlers who came to Texas seeking were cultural “kith and kin” with Scotch-Irish in Calvinist churches, viewed “foreigners” free or cheap land were Jacksonian Democrats, settlers: with hostility or suspicion (except for John who fervently sought to defend their newfound Hemphill), and refused to accept restrictions liberties because they had not fully participated The people of the southern highlands on the natural liberty their war-chieftain leaders in East Coast political institutions.40 Houston would become famous in the nineteenth espoused.35 and Jackson remained close personal friends century for the intensity of their xenophobia, The Scotch-Irish joined with Austin’s planter through decades of war, peace, and politics.41 and also for the violence of its expression. slavocracy to oppose the entry of “soulless Houston shaped the Jacksonian nature of the In the early nineteenth century, they tended corporations” into Texas, required a two-thirds Republic’s 1836 constitution and courts. He led to detest great planters and abolitionists vote of the House of Representatives to create the fiftynine delegates who issued the Texas in equal measure. During the Civil war any corporation, and flatly barred banks from Declaration of Independence and promulgated some fought against both sides. In the incorporating.36 The opposition of poor Scotch- its constitution at the March 1–2, 1836 early twentieth century they would become Irish settlers and Austin’s slavocracy to taxes Convention at Washington-on-the-Brazos.42 His

June 2015 9 victory at San Jacinto transformed the dream because the Cherokees adopted him into their of Texas independence into reality.43 He won tribe.62 Great men of Scotch-Irish descent election as the Republic’s first president in 1836 responded to the tradition of kith and kin and won again in 1842, then served the Lone family loyalty depending on their own life- Star State as a U.S. senator and governor.44 experiences. Born into a wealthy, prominent family Rusk was elected Chief Justice of the in the Valley of Virginia on March 2, 1793, Republic’s supreme court in December 1838, Sam Houston was proud of his Scotch-Irish but did not learn of his election until late ancestry.45 His ancestor John Houston was a January of 1839, after the scheduled session border baronet, a Border County chieftain.46 Two Texas Supreme Court Chief Justices had been cancelled due to lack of a quorum. He left the British Isles in 1730 with his family with a Scotch-Irish, Southern Back Country District Judges Anthony Shelby, W.J. Jones, to sail to America carrying a chest of gold background: Thomas Jefferson Rusk (left), John T. Mills, and John Hemphill served with sovereigns.47 When the ship’s captain tried to and John Hemphill at the age of 47 (right, Rusk on the first session of the court, which steal that gold, John organized a mutiny, seized a copy of the portrait in the Historic Texas Rusk convened on January 13, 1840 in the the ship, and took its passengers to build a new Supreme Courtroom in the Texas State home of Major Asa Brigham, the Treasurer life in America. In Virginia, John Houston Capitol) of the Republic and, later, Mayor of Austin.63 served as a judge, purchased vast tracts of fertile Chief Justice Rusk wrote five opinions.64 farming land in the Valley of Virginia, and won Jefferson Rusk taught himself law.55 Rusk’s In fulfillment of an agreement entered into a prominent place for his descendants in North father, John Rusk, was a Presbyterian born with President Mirabeau B. Lamar before America.48 between 1750 and 1760 in Northern Ireland, his appointment, Rusk resigned the chief Sam’s family moved him from Virginia’s where Covenanter Scotch-Irish settlers justiceship in May 1840.65 hilly back country to Tennessee’s mountains remained in continuous conflict with native Rusk presided over the Convention of 1845 in 1807. After nearly losing his life (and Irish Catholics for centuries.56 Arriving in South to draft Texas’s state constitution, during which winning Andrew Jackson’s life-long respect) Carolina in 1791, John Rusk settled at Fort Hill he successfully opposed the popular election of in the Creek War, Houston began reading law Plantation in the Old Pendleton District, later judges.66 Following annexation, Texas voters in Nashville, opened a law firm and, with the home of John C. Calhoun and now of Clemson elected Rusk to the U.S. Senate. support of Andrew Jackson, won appointment College. John founded the Old Stone Church, a After his beloved wife’s death and his as Attorney General and election as Tennessee’s Presbyterian ministry, where he is buried.57 discovery that he was suffering from a rapidly governor.49 After being admitted to the bar in Georgia growing tumor, Rusk committed suicide in When his first marriage dissolved, Sam in 1825, Rusk moved to Clarkesville, Georgia, Nacogdoches on June 29, 1857, at the age of Houston resigned the governorship and where he practiced law. He also invested in a fifty-three.67 exiled himself from Tennessee.50 He rejoined gold mine, hoping to use its profits to take care the Cherokee, and after three years, went to of his wife and seven children. After the men Chief Justice Hemphill overcame his Texas with President Jackson’s support.51 As managing the gold mine absconded with the Scotch-Irish xenophobia to blend Anglo- a modern-day Scotch-Irish warrior-chieftain company’s money in 1834, Rusk pursued them American common law, Castilian civil who rarely took counsel, his victory at San to Nacogdoches, Texas. But he soon learned jurisprudence, and Tidewater Chesapeake Jacinto proved his valor and military skill to the that the embezzlers had gambled away the gold constitutionalism into the Republic’s largely Back Country soldiers he commanded.52 mine’s money.58 jurisprudence. Houston exercised a profound influence on Sam Houston befriended Rusk in Texas and American history as a protégé of Nacogdoches and convinced him that Texas The Texas Supreme Court Historical Society Andrew Jackson, another self-made man of was a land of opportunity. When Rusk became honors its fourth chief justice at its annual Scotch-Irish descent.53 a citizen of Mexico to continue living in Texas, banquet because no chief justice before or since Two exemplars of Scotch-Irish, Presbyterian Sam Houston served as a witness to Rusk’s oath has played a greater role in shaping the court’s Back Country culture had a profound influence of allegiance.59 Rusk won respect as Secretary jurisprudence. Many historians refer to him as on the Texas Supreme Court’s jurisprudence: of War during the Revolution and the Battle of the John Marshall of Texas.68 Thomas Jefferson Rusk was the first chief San Jacinto, where he commanded the army Hemphill was born into a Scotch-Irish justice to convene a session of the court, and after a musket ball severely wounded Sam family on December 18, 1803 in the hilly John Hemphill became the “John Marshall Houston.60 South Carolina Back Country near Chester.69 of Texas”—the court’s most important chief Adhering to the Scotch-Irish tradition of He descended from a long line of Calvinist justice. aggressive Indian-fighting, Rusk made war on Presbyterian ministers, and traced his lineage Texas’s Cherokee and Kickapoo Indians after back to Londonderry County in war-torn, Thomas Jefferson Rusk was the first Congress appointed him Secretary of War.61 Protestant Northern Ireland.70 Hemphill’s father, chief justice to preside over a session of the Rusk alienated Houston when he joined in the Reverend John Hemphill, emigrated from Republic’s Supreme Court. President Lamar’s campaign to relocate and County Tyrone, Ireland to the U.S. after the end remove Cherokees. Rusk viewed Indians with of the Revolutionary War.71 Reverend Hemphill Born in a family of Scotch-Irish descent54 the typical ScotchIrish xenophobia toward married Jane Lind, a woman of Scotch-Irish in Pendleton District in South Carolina’s “foreigners.” Houston, in contrast, regarded descent, daughter of a minister of the Associate Back Country on December 5, 1803, Thomas Native Americans as his own kith and kin Reformed Church in Pennsylvania, and

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accepted the call to the ministry in Hopewell Seminole Indian uprising in northern Florida he waited for a steamboat to South Carolina. Church in Chester, South Carolina.72 Like most in 1836.85 He tried to raise a company of of the Scotch-Irish, the Hemphills were ardent militia volunteers in 1835, then joined the U.S. Gone to Texas Presbyterian Covenanters.73 Army in South Carolina and took a steamboat Hemphill attended a one-room school to the front lines at St. Augustine, Florida.86 Meanwhile, in 1836, tales of two other in Pennsylvania, enrolled in Monticello Hemphill served as a lieutenant under Brevet Spanish fortresses, the Alamo and Goliad, Academy, and then entered Jefferson College General Abraham Eustis as a second lieutenant along with a battlefield known asSan Jacinto, (now Washington and Jefferson College), in the U.S. Army during the Seminole War of filled the headlines of newspapers in Florida, a Presbyterian-sponsored, rural college in 1836–37 in northern Florida.87 Georgia, and Hemphill’s native South Carolina. Pennsylvania.74 After demonstrating “superior In Florida, Hemphill fell victim to malaria Hemphill’s thoughts must have turned westward scholarship” and a gift for learning languages, or Acute Infectious Hepatitis with Necrosis, at that time. Hemphill graduated second in his class.75 He leaving him with a severely impaired liver The 1836 migration to Texas of the related taught school in classical academies in South for the rest of his life.88 On April 12, 1836, he Scotch-Irish family of William and Lucretia Carolina for several years, but aspired to received an honorable discharge.89 Yet, while Hemphill and their children may have led John become a lawyer.76 In 1829, he began legal still in Florida or while convalescing in South Hemphill toward Texas. William’s accidental studies under David McCord, a prominent Carolina, Hemphill also learned how President death in Mina (now Bastrop) Texas may have attorney in Columbia, South Carolina.77 After Andrew Jackson’s commander in chief, U.S. enabled John Hemphill to assert a survivor’s graduating, he gained admission to Chancery Army General Thomas Jesup, conducted land grant under a colonization law of Coahuila Court and moved to Sumter, where he began a Indian warfare.90 On March 6, 1837, General y Texas.95 Meanwhile, the Bank Panic of 1837 private practice serving Back Country clients, Jesup compelled the leader of the Seminole led impoverished Southerners, many of Scotch- most of them Scotch-Irish.78 resistance, Micanopy, to surrender and migrate Irish descent, to leave home in search of richer In 1832 and 1833, Hemphill zealously west to Indian country, i.e., Oklahoma. When fields, forests, and pastures in the west. Those defended slavery’s legitimacy, the right of seven hundred Seminoles who had received settlers often notified the relatives, friends, and states to nullify federal law, and a state’s right Army food escaped on May 7, 1837, Jesup creditors they left behind that they had gone to to secede from the Union.79 He condemned waited until they were enfeebled by hunger, Texas by painting the initials “G.T.T.” on the Southern Whig editor Maynard Davis then invited their leaders to parley, break homes and barns they abandoned.96 Richardson as an “apostate traitor, the recreant bread, and drink with him. During the warrior In 1838, Hemphill left for Texas. Unlike the and faithless sentinel, the cringing parasite, Coacoochee’s parley under a flag of truce, G.T.T. settlers pouring into Texas, Hemphill the hollow-hearted, hypocritical advocate General Jesup’s men seized the young Indian first paid his creditors before leaving home.97 of Southern interests … who [] scattered and sent him to Castillo de San Marcos, Spain’s On September 10, 1838, Judge R. M. “Three- firebrands of destruction everywhere in the seventeenth century citadel in St. Augustine, Legged Willie” Williamson licensed Hemphill South,” merely because Richardson printed Florida.91 to practice law in Texas.98 Hemphill opened the record of the Virginia legislature’s 1832 On October 25, 1837, General Jesup met a law firm in Washington-on-the-Brazos that debates about slavery in the Inquirer.80 On with the Seminole Indian leader, Osceola, soon prospered.99 Family tradition holds that January 26, 1833, Hemphill swore a solemn under the Seminoles’ white flag of truce in Hemphill secluded himself to study Spanish oath to “obey, execute and enforce the [South northern Florida. Jesup and two hundred and and master the Castilian law that still governed Carolina] Ordinance to Nullify certain Acts of fifty of his soldiers then imprisoned Osceola, Texas.100 John Hemphill then moved to Bastrop, the Congress of the United States ….” 81 another seven warriors, six women, and four where his relative William Hemphill’s family On August 28, 1833, Hemphill challenged African-Americans fighting for their freedom.92 had settled.101 South Carolina merchant Mordechai Levy Osceola died in captivity several months later to a battle of smoothbore pistols.82 A month from an aggravated infection of the throat Congress elects Hemphill to serve as a later, at 5:30 PM on Friday, September 30, made worse by malaria. General Jesup treated district judge in San Antonio. 1833, Hemphill and Levy exchanged shots at Indian emissaries not as leaders of foreign Carter’s Upper Mill.83 Levy’s bullet smacked nations entitled to diplomatic immunity but John Hemphill advanced in public opinion into Hemphill’s pistol hand, rendered his as outlaws.93 and political influence during the term of muzzle-loader inoperable, and left a scar on the Back in South Carolina, John Hemphill Texas’s second president, Mirabeau B. hand that later authored Texas Supreme Court learned that Indians who did not surrender Lamar.102 On January 21, 1840, Hemphill took opinions.84 The duel convinced his Hemphill’s could be taken captive by soldiers flying the oath of office that made him a district judge Back Country friends that he was an “excellent the white flag of a peace parley. In 1836, of the Fourth Judicial District in San Antonio, skull-buster in a street fight” ready to fight to Hemphill journeyed to St. Augustine, Florida. qualifying him to act as an ex officio associate preserve his sacred Scotch-Irish honor. The Castillo de San Marcos, a massive, star- judge of the Texas Supreme Court.103 shaped Spanish fortress built between 1672 As detailed in Part II of this three-part series, A soldier in the Second Seminole and 1682, dominated the city.94 Since “[n]o disaster ensued when District Judge John War in Florida. visit to St. Augustine was complete without Hemphill—a South Carolinian who embodied a stroll past the ageless battlements of the the violent, vengeful, honor-based Southern Consistent with his Jacksonian-era, Scotch- impressive guardian of the city and its harbor,” Back Country culture—served as a mediator Irish veneration of military service, John John Hemphill must have visited the Castillo, a in San Antonio on March 19, 1840. Given the Hemphill volunteered to help put down a reminder of the Spanish Empire’s lost glory, as longstanding hostility between Scotch-Irish

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settlers and Native Americans on the East Coast, voters valued. confederacy….119 in the Appalachians, in Alabama, and in Texas, Judge Hemphill was not an ideal mediator to Congress elects Hemphill to serve as On February 4, 1861, Texas’s negotiate a lasting peace with Comanches he Chief Justice. Convention elected Hemphill to the Provisional thought of as ruthless savages.104 Confederate Congress.120 Hemphill took ill and Familiar with General Jesup’s refusal to On December 5, 1840, Hemphill defeated died of pneumonia in Richmond, Virginia on recognize the sacred status of Seminole peace a favored incumbent, James Webb, the former January 4, 1862.121 His body lies in the State negotiators in Florida, Judge Hemphill did not Attorney General of Texas to replace Rusk Cemetery in Austin.122 object to Texas Army Colonel Henry Karnes’ as Chief Justice of the Texas Supreme Court. refusal to recognize the ambassadorial status Hemphill won by a narrow margin—two The Hemphill court, influenced by a of Penateka Comanche war chief Muk-wah- votes out of fifty-four cast—in both houses strong Scotch-Irish legal tradition, blended ruh when he mediated the peace parley in of Congress.112 He served as Chief Justice Texas’s three legal traditions to benefit San Antonio’s Council House.105 Conflicting for the remainder of the Republic era, with a debtors, women, and people of color. understandings of the role of Comanche war brief stint as adjutant general of the Somervell chiefs at the 1840 Council House peace parley expedition in 1842-43 when the court was not The prominence of the Scotch-Irish legal resulted in the failure of Judge Hemphill’s in session.113 tradition in the Republic’s supreme court mediation and the deaths of many Comanches Hemphill served Washington County as helps explain why that court blended Castilian/ and Anglo-American settlers.106 its delegate to the 1845 Convention charged Tejano customary law and construed Tidewater/ with turning the Lone Star Republic into the Chesapeake statutes and constitutional Hemphill defends Texas from Indian Lone Star State. A strong proponent of Texas provisions liberally in ways beneficial to the warriors and Mexican raiders. statehood, Hemphill chaired the Judiciary common man (and woman). For eighteen Committee.114 On July 11, 1845, Hemphill years, Chief Justice Hemphill led a court whose Despite his post-Florida ill health, Chief presented the annexation convention with a members acted in accord with the Scotch-Irish Justice Hemphill fought in several campaigns draft judiciary section for the new constitution, legal tradition. against Comanche and other Indian warriors, as which largely accepted his proposals.115 In Associate Judge John T. Mills served on well as Mexican raiders, in 1840 and 1841.107 1846, Texas Governor J. Pinckney Henderson the court from 1839 to 1846 as the judge San Antonio Mayor Sam Maverick recorded appointed Hemphill chief justice of the state of the Third, Seventh, and Eighth Judicial how Hemphill joined with young Captain supreme court, which Texas’s state senate soon Districts, respectively. He was born in Scots- Jack Hays, who later became one of the most approved.116 Irish County Antrim, Ireland on November feared and respected of all Texas Rangers, to During the 1850s, growing differences 17, 1817. His family moved to Beaufort organize a company of mounted “minute man” about slaves brought northern and southern County, South Carolina, where they settled in volunteers to defend San Antonio while he states closer and closer to a civil war. While that state’s extensive immigrant Scotch-Irish served there as a district judge.108 Sam Houston remained a staunch Unionist, community.123 Associate Judge John Hanford, John Henry Brown recorded how Hemphill, Hemphill—the South Carolina Secessionist— who served on the court from 1840-1842, was Hays, and Judge James W. Robinson, who had vigorously supported the right of Texans and born in Glasgow, Kentucky, a town with a recently recovered from a wound received at other Southerners to secede.117 After eighteen name that reflects its Scotch-Irish heritage.124 the Council House Fight, returned a five year years on the supreme court, first of the Republic Richardson A. Scurry, who served as an old girl to the family from whom a Comanche and then of the Lone Star State, Hemphill Associate Judge from 1840 to 1841, came war-band had abducted her. The little girl, resigned in November 1858 after Texas’s senate from Gallatin, Tennessee, in the heart of the who had forgotten the use of English during elected him to replace Sam Houston as U.S. Scotch-Irish belt.125 , her captivity and had grown so “wild” that senator.118 Anson Jones, the Republic’s last an Associate Judge from 1803-1806, came from she had to be tied to the return-party’s saddles president, had hoped that the Legislature would Nelson County, Kentucky, another Scotch-Irish every night, recognized her brother and sprang choose him as Texas’s new senator but failed Appalachian community.126 to his arms. Brown stated that, “Tears of joy to receive a single vote. Embittered by that Associate Justice Abner Lipscomb, who mingled with audible sobs fell from three of humiliating defeat, Jones lamented Hemphill’s developed the jurisprudence of the Texas court the most distinguished men of Texas (Judge election victory: after being appointed as an associate justice Hemphill, Judge Robinson, and John R. in March 1846, generally shared Hemphill’s Cunningham).”109 I think it is most unfortunate for the South Carolina birthplace and view of the After Sam Houston returned to the presidency country—the South particularly—and world.127 Like Rusk, Lipscomb read law with in December 1841, Hemphill accepted his for…Texas, as well as for the stability and John C. Calhoun, a Southerner of Scotch-Irish appointment as Acting Adjutant General.110 perpetuity of the Union, that the Legislature ancestry who, through his theory that states had When General Adrian Woll led a Mexican of our State should have selected for her the right to nullify federal law within their own army to San Antonio in 1842, Hemphill advised Senators in Congress two South Carolina borders, heavily influenced Hemphill’s and Juan Seguin to arrest Bexarenos friendly to Nullifiers [Hemphill and ], Lipscomb’s jurisprudence.128 Lipscomb served Mexico.111 Hemphill’s Council House Fight and thus probably committed us to the with Rusk and Hemphill in the Constitutional knife-fighting and service as Adjutant General extreme Southern fire-eating doctrines of Convention of 1845 and then served on the meant he never again had to prove the physical the ultras…leading to…a dissolution of court from 1846 through 1856.129 courage and military experience Back Country the Union and…an independent Southern The Hemphill court was important for

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many reasons. First, Chief Justice Hemphill’s court expanded homestead rights and limited jurisdiction because a master owned a slave.154 scholarly judicial opinions enhanced the court’s foreclosure to protect the property rights of And in Moore v. Minerva, the court reaffirmed reputation as a citadel of frontier justice. immigrants living on the verge of bankruptcy the freedom of a slave who traveled to Texas He rose above Scotch-Irish provincialism on a violent frontier.144 after being freed in Ohio.155 Judge Hemphill’s to base his decisions on Texas’s tradition of Third, the Hemphill court repeatedly liberality may reflect his little-appreciated Castilian law when he found it to be just and encouraged adoption of the informal, unified familial relationship with an enslaved woman persuasive. pleadings that evolved in Tejano frontier he bought, Sabina, and his love for their In Garrett v. Nash, for example, he cited El society. The common man, whether Tejano, daughters, Theodora and Henrietta.156 Diccionario do Legislai to analyze the effect Scotch-Irish or otherwise, could understand During the 1883 hanging of Hemphill’s of remarriage on a widow’s inheritance from simple pleadings. Simple pleadings limited the portrait, Chief Justice Asa Willie recounted her previous husband’s estate.130 In Smith v. power of elites and eliminated archaic Anglo- how Chief Justice Hemphill shaped Texas Townsend, he cited “such Spanish works as American distinctions between common law law: are within the reach of the Court....”131 And in and equity.145 His ability as a judge was most fully Thouvenin v. Rodriguez, Hemphill analyzed In Pridgin v. Strickland, Abner Lipscomb developed when he found himself without Articles 96 and 98 of Decree 277 of the Laws of held that “neither the action of trover nor precedent or authority for the questions under Coahuila and Texas, and Elements of Spanish detinue is known to our forum, and that consideration. It was then that his capacity for Law, Titles XI and XII, De la Contestacion and our petition…is more analogous to a bill in profound and lucid reasoning was most fully De la Citation.132 chancery or to a special action on the case than displayed, and from his own luminous mind The Hemphill court’s support of the Castilian to any other forms known in other systems of light was shed upon the subject of discussion tradition of using independent executors (the jurisprudence.146 As Chief Justice Hemphill which made the most abstruse points seem albaceo universal) to efficiently conduct explained, “the unmeaning fictions of the clearly elucidated to any mind.157 probate cases and Castilian law’s recognition common law are abrogated, and facts only His rulings and contributions to the 1845 of adoptions, neither of which were part of are to be alleged in the pleadings.”147 Texas’s Constitution reshaped Texas law in a way Anglo-American common law, became parts of adoption of simple, unitary pleadings inspired W.W. Boyce of South Carolina attributed to Texas law.133 The court retained the Castilian/ other states and the federal judiciary to do the Hemphill’s Scotch-Irish background: Tejano idea that a defendant ought to enjoy the same. right to be sued where he or she lives, which has Fourth, the Hemphill court’s expansion of His ancestors were … from Scotland, become the bedrock of Texas venue law.134 And Castilian/Tejano community property marital and of a [Presbyterian] sect distinguished the court’s respect for Spanish and Mexican rights offered women greater protection than in Scottish history for their vehement land grants and Castilian water law, state contemporary Anglo-American common law.148 devotion to duty, daring the anger of ownership of riverine and subsea resources, and By 1848, community property was so well a bigoted king, and the dangers of the tidal boundaries provided Texas with a secure established that Chief Justice John Hemphill battlefield, rather than compromise, source of real property law. After Congress ruled that a wife could seek “the delivery even in matters of form, that religious provided specific exceptions to Spanish civil to her of her separate property and the one- belief which they held dearer than law, Texas land law hybridized Castilian and half of the common property of the conjugal property or life itself ….158 AngloAmerican legal traditions.135 partnership” in Wright v. Wright.149 In Edward Second, by transcending a traditional v. James,150 the Hemphill court recognized that Ultimately, Chief Justice Hemphill’s greatest Scotch-Irish hostility toward “foreigners” a frontierswoman enjoyed the same rights as legacy is the unique and abiding jurisprudence while carrying out the Scotch-Irish tradition a frontiersman: he and his court wove together from the of protecting debtors from abusive creditors, Again, can it be supposed that the government Castilian/Tejano tradition, Tidewater Virginia’s Hemphill blended debtor-friendly Castilian intended to reward only the male inhabitants of constitutional rule of law, and the Scotch-Irish traditions with Border Country/Southern the frontier towns? Do not the women sustain Jacksonian debtor-oriented, natural justice Back Country distrust of arbitrary authority to the frontier with their toils, if not with their intended to protect one’s liberty and safeguard safeguard a family’s home, land, and personal arms? Are they not subjected to the same, and one’s kith and kin from oppression by creditors property.136 to infinitely worse horrors from the hostilities and the government alike. Lipscomb presented Section 22, the of the savage foe?151 homestead exemption, to the 1845 Convention Because of Hemphill’s rulings and the Conclusion. with Hemphill’s ardent support.137 As co-drafters 1845 Constitution he helped draft, a spouse’s of the Constitution of 1845, Chief Justice community interest in marital property received The political philosopher Georg Wilhelm Hemphill and, after joining the bench in 1846, constitutional and statutory protection.152 Friedrich Hegel theorized that real change Associate Justice Lipscomb advanced Scotch- Fifth, Chief Justice Hemphill moderated results when a social group’s long experience Irish notions of natural justice and enshrined slavery’s inhumanity to grant standing to slaves with status quo ideas for addressing the them in the Constitution of 1845, through the wishing to win or defend their freedom. In challenges of life, the thesis, encourages drafting of written constitutional protections Guess v. Lubbock, the court ignored evidentiary opponents to negate that thesis with an in the Tidewater Chesapeake legal tradition.138 deficiencies to substantively address an African- antithesis. When thesis proponents negotiate In Sampson & Keene v. Williamson,139 Wood v. American’s suit to prove her freedom.153 In successfully with antithesis advocates, their Wheeler, 140 Cobbs v. Coleman, 141 Shepherd v. Chandler v. State, the court rejected a master’s compromises create a synthesis better adapted Cassady, 142 and Pryor v. Stone,143 the Hemphill argument that slave-killing was outside judicial to the world than either the original thesis or

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its opposing antithesis. In the Republic, that political process resulted DAVID A. FURLOW is a historian, trial lawyer, and appellate specialist. After in a synthesis of pro-debtor Castilian law tempered by Tejano frontier practicing nearly thirty years (twenty-four of them as an appellate advocate certified experience; Tidewater Chesapeake concepts of hierarchical liberties by the Texas Board of Legal Specialization), he serves as Executive Editor of the enshrined in written constitutional guarantees; and Scotch-Irish Texas Supreme Court Historical Society Journal and as First Vice President of sympathies for pioneers living violent, economically uncertain lives. the Writers’ League of Texas while writing the first comprehensive biography of seventeenth-century founding father Isaac Allerton. David encourages anyone That jurisprudential synthesis has transformed Texas and American interested in submitting an article to the Journal to contact him via phone at law, order, and justice for the better. 713.202.3931 or at [email protected].

Endnotes Station: Tex. A & M Univ. Press, 1987), 3–46; J. material out of which Jacksonian democracy was to 1. David A. Furlow, The Lone Star Republic’s Fr a n k Do b i e , Th e Lo n g h o r n s (Austin: Univ. of Tex. be fashioned….’”); Outliers, 166–69. Supreme Court Wove the Fabric of Texas Law from Press, 1980), vii–xvii, 3–68; Fi sch e r , Al b i o n ’s Se e d , 14. Ou t l i e r s , 168 (“[A] culture of honor helps to the Threads of Three Competing Traditions—Part 741–42. See generally Te r r y G. Jo r d a n , Tr a i l s t o explain why the pattern of criminality in the American 1: Material Differences in Legal Culture, 3(1) Te x . Te x a s : So u th e r n Ro o ts o f We st e r n Ca tt l e Ra n ch i n g South has always been so distinctive. Murder rates Su p . Ct. Hi st . So c . J. 9–22 (Fall 2013), available (Lincoln: Univ. of Nebraska Press, 1981) [hereinafter are higher there than in the rest of the country. at http://www. texascourthistory.org/documents/ Tr a i l s t o Te x a s ]. But crimes of property and ‘stranger’ crimes—like TSCHS_Journal_Fall_2013.pdf) (last visited Nov. 11. Al b i o n ’s Se e d , 741–42; Ce l t i c Or i g i n s , 51 J. Sou. muggings— are lower….In the [B]ack [C]ountry, 10, 2014). Hist. 165–82; see generally Tr a i l s t o Te x a s . violence wasn’t for economic game. It was personal. 2. David A. Furlow, The Lone Star Republic’s 12. Ou t l i e r s , 166-68; Bo r n Fi g ht i n g , 1–184. Britain’s You fought over your honor.”), 170–74 (studies and Supreme Court Wove the Fabric of Texas Law from Border Country included the bloody No Man’s statistics). the Threads of Three Competing Traditions—Part Land between England and Scotland and Northern 15. Al b i o n ’s Se e d , 765–70; Lo n e St a r , 296–302; 2, 3(4) Te x . Su p . Ct. Hi st . So c . J. 28–34 (Summer Ireland’s Ulster and Londonderry, where conflict Cl a r e n c e E. Ca r t e r , Te r r i t o r i a l Pa p e r s o f th e U.S. 2014) (http://www.texascourthistory.org/documents/ between Irish Catholics and Presbyterian Scots (Washington, D.C.: 27 vols., 1934–1969), vol. VI, TSCHS_ Journal_Summer_2014.pdf (last visited continued for centuries. Border Country immigrants, 243–46, 268–69. Nov. 13, 2014). mostly Calvinists, first came to America as indentured 16. D. L. W. To u g h , Th e La st Ye a r s o f a Fr o n t i e r : A 3. As an ethnic group, the Scotch-Irish are frequently servants and Scottish prisoners of war in seventeenth Hi st o r y o f th e Bo r d e r s d u r i n g th e Re i g n o f El i z a b e th referred to as “Scots Irish” or as “Scot-Irish,” but the century Virginia and Maryland. Al b i o n ’s Se e d , (Oxford: Oxford Univ. Press, 1928), 12–16, 117, 131, terms are interchangeable. See, e.g., Jim We b b , Bo r n 605–07. In the eighteenth century, Border Country 156, 174, 180, 225; Al b i o n ’s Se e d , 765–71; Fi sch e r , Fi g ht i n g : Ho w th e Sc o ts -Ir i sh Sh a p e d Am e r i c a (New settlers emigrated to New England, New York, Al b i o n ’s Se e d , 765-771. See generally Ot i s K. Ri c e , York: Broadway Books, 2005), 12–21 [hereinafter Delaware, Pennsylvania, and Maryland before Th e Ha tf i e l d s a n d th e McCo y s (Lexington: Univ. Press Bo r n Fi g ht i n g ]; Ma l c o l m Gl a d w e l l , Ou t l i e r s : Th e moving southwest. Id., 606, 633; Bo r n Fi g ht i n g , of Ky., 1978). St o r y o f Su cc e ss (New York: Little, Brown & Co., 133–35. Mostly sailing in large clans between 1713 17. Ja m e s L. Ha l e y , Th e Te x a s Su p r e m e Co u r t : A 2008), 166–68 [hereinafter Ou t l i e r s ; Da v i d Ha c k e tt and 1774, they settled up-country in Virginia, the Na r r a t i v e Hi st o r y , 1836–1986 (Austin: Univ. of Fi sch e r , Al b i o n ’s Se e d : Fo u r British Fo l k w a y s in Carolinas, Georgia, and the Appalachians, then Texas Press, 2013), 25–30 (2013) [hereinafter Am e r i c a (New York: Oxford Univ. Press, 1989), 606– trekked through the South, Arkansas, and Missouri Na r r a t i v e Hi st o r y ]; Lo n e St a r La w , 25–33; Lo n e 08, 618–21 [hereinafter Al b i o n ’s Se e d ].. into Texas. Al b i o n ’s Se e d , 633–50, 655, 691–96, St a r , 574–75. 4. Ou t l i e r s , 175. 633–50, 691–96, 741–53, and 758–65; Bo r n Fi g ht i n g , 18. Letter from Edward Morehouse to Anson Jones 5. Al b i o n ’s Se e d , 9-10. 121–84. Militant Presbyterianism and tent-revival (Nov. 25, 1843), in An s o n Jo n e s , Me m o r a n d a a n d 6. Ou t l i e r s , 170. Baptist fundamentalism shaped their worlds. Al b i o n ’s Official Co r r e s p o n d e n c e Re l a t i n g t o th e Re p u b l i c o f 7. Al b i o n ’s Se e d , 605. Se e d , 703–08; Lo n e St a r , 323–24; Ro b e r t Wu th n o w , Te x a s , Its Hi st o r y a n d An n e x a t i o n , 1836-1846 (New 8. Jo n Me a ch a m , Am e r i c a n Li o n : An d r e w Ja c k s o n in Ro u g h Co u n t r y : Ho w Te x a s Be c a m e Am e r i c a ’s Mo st York: D. Appleton & Co., 1859; reprint, Chicago: th e Wh i t e Ho u s e (New York: Random House, 2009 Po w e r f u l Bi b l e -Be l t St a t e (Princeton: Princeton Press, 1966), i n c l u d i n g Jo n e s ’ Le tt e r s , paperback ed.), 44, 316, 324, 345 [hereinafter Univ. Press, 2014), 14–41. John C. Calhoun, Andrew Etc ., t o a n d f r o m An s o n Jo n e s [,] Mo st l y o f a Pu b l i c Am e r i c a n Li o n ]; T.R. Fe h r e n b a ch , Lo n e St a r : A H i st o r y Jackson, and Sam Houston led the Scotch-Irish into o r Se m i -Official Ch a r a ct e r , f r o m 1836 t o 1845, w i th o f Te x a s a n d Th e Te x a n s (Boston: Da Capo Press, battle and in politics. Al b i o n ’s Se e d , 691–97; Bo r n m y En d o r s e m e n ts a n d No t e s a t th e Ti m e , letter from 2000), 308; Ja m e s L. Ha l e y , Pa ss i o n a t e Na t i o n : Th e Fi g ht i n g , 200–87. The Scotch-Irish ate Southern Back Edward Morehouse (Nov. 25, 1843) [hereinafter Ep i c Hi st o r y o f Te x a s (New York: Free Press, 2006), Country cooking, played Border Country “Highland Jo n e s Official Co r r e s p o n d e n c e ]; Fi sch e r , Al b i o n ’s 107–116, 129, 135, 148–152 168, 181–84, 187, Games,” and wore an early version of Country Se e d , 768–-69 (citing Edward M. Steel, “Criminality 202–207, 215–16, 233–49 [hereinafter Pa ss i o n a t e Western clothing. Al b i o n ’s Se e d , 727–40. This Scotch- in Jeffersonian America—A Sample, 18 Cr i m e a n d Na t i o n ]; Ra n d o l p h Ca m p b e l l , Go n e t o Te x a s : A H i st o r y Irish cultural package came with them to Texas and De l i n q u e n c y 154 (1972) [hereinafter Jeffersonian o f th e Lo n e St a r St a t e (New York: Oxford Univ. Press, remains a major influence here to this day. America]). 2003), 141 and 147–148 [hereinafter Go n e t o Te x a s ]; 13. Bo r n Fi g ht i n g , 1 (quoting Ve r n o n Lo u i s Pa r r i n g t o n , 19. Al b i o n ’s Se e d , 768–69 (citing Jeffersonian Mi ch a e l Ar i e n s , Lo n e St a r La w : A Le g a l Hi st o r y o f Ma i n Cu r r e n ts in Am e r i c a n Th o u g ht (New York: America, 18. Cr i m e a n d De l i n q u e n c y at 154). Te x a s (Lubbock: Tex. Tech. Univ. Press, 2011), 13-15 Harcourt, Brace, & Co., 1927)). “‘Of the different 20. Al b i o n ’s Se e d , at 768; Jo h n Ch a r l e s Ca m p b e l l , Th e [hereinafter Lo n e St a r ]. racial strains that mingled their blood with the So u th e r n Hi g h l a n d e r a n d His Ho m e l a n d (New York: 9. Ou t l i e r s , 166–67; Al b i o n ’s Se e d , 605–42. earlier English—Irish, Huguenot-French, German, Russell Sage Foundation, 1921), 119. 10. Lisa Whalen, A Rare Story Unfolds Daily, 7(1) ScotchIrish—the last was by far the most important…. 21. Lo n e St a r , 564. Pl y m o u th Li f e 16–23 (2008) (Plimoth Plantation’s They were desperately poor; the available lands near 22. Id., 565. rare breed Kerry cattle); Grady McWhiney and the coast were already preempted; so armed with 23. Id., 304–18. Forrest McDonald, Celtic Origins of Southern Herding axes, their seed potatoes, and the newly invented 24. See, e.g., Mackubin T. Owens, Review of James Practices, 51 J. Sou. Hist. 165–82 (1985) [hereinafter rifle, they plunged into the backwoods….A vigorous Webb’s Born Fighting: How the Scots-Irish Shaped Celtic Origins]; Do n Wo r ch e st e r , Th e Te x a s Lo n g h o r n : breed, hardy, assertive, individualistic, thrifty, trained America, Ash b r o o k Un i v . (Dec. 2004), available at Re l i c o f th e Pa st , Ass e t f o r th e Fu t u r e (College in the democracy of the Scottish kirk, they were the http://ashbrook.org/publications/oped-owens-04-

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webb/ (last visited Nov. 24, 2014) (“Commenting Ma r y ’s L. J. 399, 402 (1993); Arvel (Rod) Ponton III, en.wikipedia.org/wiki/Old_Stone_Church_and_ on a statement that Howard Dean made during the Sources of Liberty in the Texas Bill of Rights, 20 St. Cemetery#mediaviewer/File:Old_Stone_Church (last Democratic primaries, Charles Krauthammer opined Ma r y ’s L. J. 93, 96–97 (1988); Joseph W. McKnight, visited Nov. 14, 2014); Fr e d e r i c k C. Ho l d e r , Historic that Dean was campaigning for the ‘white trash vote’ Stephen Austin’s Legalistic Concerns, 89 Sw. Hist. Q. Si t e s o f Oc o n e e Co u n t y , S.C. (Charleston: Oconee by pandering to ‘rebel-yell racist rednecks.’”); Bo r n 240, 265 (1986); J. E. Ericson, Origins of the Texas Cty. Hist. Soc., 2nd ed., 1991), 40–41. Fi g ht i n g , 133–34, 181–84; Al b i o n ’s Se e d , 732–35, Bill of Rights, 62 Sw. Hist. Q. 457–59, 461, 466 (1959); 58 Gerald White, The Almost Forgotten Pass in 741–43, 747–53, 758–65; Lo n e St a r, 298–300. Rupert N. Richardson, Framing the Constitution of the Review: Thomas Rusk, Ma r ch 2 Te x a s (Aug. 31, 25. Al b i o n ’s Se e d , 606–08, 618–21. Republic, 31 Sw. Hi st . Q. 191, 209–14 (1928). 2013), http://march2texas.com/thealmost-forgotten- 26. Lo n e St a r , 287. 41. Am e r i c a n Li o n , 44, 316, 324, 345; Lo n e St a r , pass-in-review-thomas-rusk/ (citing Thomas Jefferson 27. Ou t l i e r s , 175, n. 223–24; 237–39, 247–51; Al b i o n ’s Se e d , 642–44. Rusk). 28. Al b i o n ’s Se e d , 652–54. See generally Ha n s 42. Jo u r n a l s o f th e Co n v e n t i o n o f th e Fr e e , 59. Thomas Jefferson Rusk. Ku r a th , A Wo r d Ge o g r a p h y o f th e Ea st e r n Un i t e d So v e r e i g n , a n d In d e p e n d e n t Pe o p l e o f Te x a s , in 60. Ei g ht e e n Mi n u t e s , 77–79, 95–97, 101–111, St a t e s (Ann. Arbor: Univ. of Mich. Press, 1949); Ge n e r a l Co n v e n t i o n Ass e m b l e d (March 1, 1836), 118–19, 248–368; Go n e t o Te x a s , 148, 167–69. Cr a i g M. Ca r v e r , A m e r i c a n Re g i o n a l Di a l e cts : A W o r d reprinted in 1 H.P.N. Ga m m e l , Th e La ws o f Te x a s 61. Dabney, A Historical Trilogy, 37 Ho u . La w ., 5; Ge o g r a p h y (Ann Arbor: Univ. of Mich. Press, 1987), 1822–1897 (Gammel Book Co. 1898), 1063; Go n e Go n e t o Te x a s , 162. 1-20, 93-160, 225-31. t o Te x a s , 141 and 147–48; Lo n e St a r La w , 13–15; 62. Ja m e s L. Ha l e y , Sa m Ho u st o n (Norman: Univ. of 29. American Southern Back Country dialects played Pa ss i o n a t e Na t i o n , 148–52. Okla. Press, 2002), 8–10, 64, 108–12, 118, 164, 191, a major role in shaping Texas speech. See Al b i o n ’s 43. St e p h e n L. Mo o r e , Ei g ht e e n Mi n u t e s : Th e Ba tt l e 203–06, 215, 256, 271; Ha l e y , Na r r a t i v e Hi st o r y , Se e d , 652–54. Verbs included she done finished, they o f Sa n Ja c i n t o a n d th e Te x a s In d e p e n d e n c e Ca m p a i g n 20, 24, 47–-48, 86, 262 n. 18, and 268 n. 38; Ja m e s , growed up, he done did it and he don’t have none. (Dallas: Republic of Tex. Press 2004), 309-428 Th e Ra v e n , 20–-21, 127, 151, 228, 309; Ar i e n s , Lo n e Id., 653. Scotch-Irish phrases that came to Texas [hereinafter Ei g ht e e n Mi n u t e s ]; Ca m p b e l l , Go n e t o St a r La w , 16. include fixin, i.e., getting ready to do something; Te x a s , 148-58; Lo n e St a r La w , 15–21; Na r r a t i v e 63. Dylan O. Drummond, Dallam’s Digest and the man for husband (as in Tammy Wynette’s Stand by Hi st o r y , 17–52. Unofficial First Reporter of the Supreme Court of Your Man), sparkin’ for courting; and honey, as a 44. Thomas H. Kreneck, Houston, Samuel, Ha n d b o o k Texas, 3(3) J. Te x . Su p . Ct. Hi st . So c ., Spring 2013, mark of “hibernian” (Irish and Scotch Irish) affection. o f Te x a s On l i n e , http://www.tshaonline.org/handbook/ 8; 1 Year Book for Texas 96–97 (1902); Na r r a t i v e Id., 653, 653 n.6. Cf. E. Ba g b y Atw o o d , Th e Re g i o n a l online/articles/fho73 (last visited Nov. 16, 2014) Hi st o r y , 20–27, 34–35. Vo c a b u l a r y o f Te x a s (Austin: Univ. of Tex. Press, [hereinafter Houston]; Go n e t o Te x a s , 159–61; Lo n e 64. Thomas Jefferson Rusk; Lo n e St a r La w , 23–24; 1986), 67, 72 (widoe/widder), 115–16, 121, 241 St a r , 246–54; Na r r a t i v e Hi st o r y , 17; Pa ss i o n a t e Go n e t o Te x a s , 162. (Map 11). Na t i o n , 206–16. 65. Na r r a t i v e Hi st o r y , 34–36, 235, Jim Paulsen, A 30. Al b i o n ’s Se e d , 642–50. In America, the Ascendancy 45. Ja m e s C. Le y b u r n , Th e Sc o tch -Ir i sh : A So c i a l Short History of the Texas Supreme Court, 65 Te x . L. comprised some of the most important Back Country Hi st o r y (1962), 200–10, 306 [hereinafter So c i a l Re v . 237, 241 (1986) [hereinafter Short History]. clans, including the Bankheads, Bells, Calhouns, Hi st o r y ]. 66 Short History, 65 Te x . L. Re v ., 253. Grahams, Henrys, Houstons, and Jacksons. See 46. Sam Houston’s ancestor referred to himself as 67. Id.; Thomas Jefferson Rusk; Rusk, Thomas Al b i o n ’s Se e d , 649. “John Houston, Gent.” to reflect his status as a man Jefferson, Bio. Dir’y of U.S. Congress, http://bioguide. 31. Al b i o n ’s Se e d , 650; Ca r l Br i d e n b a u g h , My ths a n d of substance. See also Al b i o n ’s Se e d , 648–49; J congress.gov/scripts/biodisplay. pl?index=r000518 Re a l i t i e s , So c i e t i e s o f th e Co l o n i a l So u th (Baton So c i a l Hi st o r y , 91. (last visited Feb. 3, 2013). See generally Ma r y Cl a r k e , Rouge: Praeger Press, 1952), 183; Wylene P. Dial, 47. Al b i o n ’s Se e d , 648–49. Th o m a s J. Ru s k : So l d i e r , St a t e s m a n , Ju r i st (Austin: The Dialect of the Appalachian People, 30 West 48. Ma r q u i s Ja m e s , Th e Ra v e n : A Bi o g r a p h y o f Jenkins Pub. Co., 1971). Va. Hist. 463–71 (1960) [hereinafter Appalachian Sa m Ho u st o n (New York: Bobbs Merrill Co., 1929) 68. Ten Myths and Legends, 8. People]. [hereinafter Ra v e n ]; Al b i o n ’s Se e d, 648. 69. Ti m o th y S. Hu e b n e r , Th e So u th e r n Ju d i c i a l 32 Albion’s Seed, 650; Appalachian People, 30 W. 49. Houston. Tr a d i t i o n : St a t e Ju d g e s a n d Se ct i o n a l Di st i n ct i v e n e ss , Va. Hist., 463–71. 50. Al b i o n ’s Se e d , 648 (Houston’s Border Country 1790-1890 (Athens, Ga.: Univ. of Ga. Press, 1999), 33. Al b i o n ’s Se e d , 650, 747–58. As the citizens of background). 100 [hereinafter Ju d i c i a l Tr a d i t i o n ]; Ro s a l e e Mo r r i s Mecklenberg County, North Carolina publicly declared 51. Lo n e St a r , 182. Cu r t i s , Jo h n He m p h i l l : Fi r st Ch i e f Ju st i c e o f th e St a t e in 1768, “We shall ever be ready to support the 52. Lo n e St a r , 222–24, 229–54. o f Te x a s (Woodstock, Ga.: Rosalee Curtis, rev’d ed., government under which we find the most liberty.” 53. Al b i o n ’s Se e d , 648. 1997), 1–2 [hereinafter Fi r st Ch i e f Ju st i c e ]. Id., 777; Lo n e St a r , at 287; No r r i s W. Pr e y e r , He z e k i a 54. See Hon. Joe Greenhill, The Early Supreme Court 70. Fi r st Ch i e f Ju st i c e , 1; Yo u r Di ct i o n a r y , Jo h n Al e x a n d e r a n d th e Re v o l u t i o n in th e Ba c k c o u n t r y of Texas and Some of Its Justices, 62 Tex. B. J. 646, He m p h i l l Fa cts , http://biography.yourdictionary.com/ (1987), 66. 646-47 (1999). john-hemphill (last visited Sept. 13, 2014) [hereinafter 34. Al b i o n ’s Se e d , 849. 55. See Priscilla Myers Benham, Rusk, Thomas Hemphill Facts]. 35. Al b i o n ’s Se e d , at 821–23, 889 (“In 1982, the murder Jefferson, Ha n d b o o k o f Te x a s On l i n e , http://www. 71. Fi r st Ch i e f Ju st i c e , 1. rate in the nation as a whole 9.1 per 100,000…. The tshaonine.org/handbook/online/ articles/fru16 (last 72. Id.; Hemphill Facts. southern highlands and the southwestern states had visited Nov. 17, 2014) [hereainafter Thomas Jefferson 73. Fi r st Ch i e f Ju st i c e , 1–9. extremely high murder rates—14.7 in the west south Rusk]; Aragorn Storm Miller, Rusk, John Cleveland, 74. Fi r st Ch i e f Ju st i c e , 11–12; Ta r l t o n L. Lib., Ja m a i l central states and 16.1 in Texas.”), 890–98. Ha n d b o o k o f Te x a s On l i n e , http://www.tshaonline. Ct r . f o r Le g . Re s ., Ju st i c e s o f Te x a s 1836–1986: 36. Lo n e St a r La w , 18 24–25. org/handbook/online/articles/fru46 (last visited Nov. Jo h n He m p h i l l (1803–1862), http://tarlton.law.utexas. 37. Lo n e St a r , 25; Pa ss i o n a t e Na t i o n , 97, 102, 113, 17, 2014) [hereinafter John Cleveland Rusk]; David edu/justices/profile/view/50 (last visited Jan. 30, 191, 151. 30 A. Furlow, Ten Myths and Legends of Texas Law, 2014) [Jo h n He m p h i l l ]; Ten Myths and Legends, 8. 38. Al b i o n ’s Se e d , 648. St. Ba r o f Te x . Pr o f . De v . Pr o g r a m , 9th An n . Ad v ’d See generally So u th Ca r o l i n i a n Li b r a r y , Un i v e r s i t y 39. Am e r i c a n Li o n , 44, 316, 324, 345; Lo n e St a r , InHo u s e Co u n s e l Co u r s e , ch. 6, 8 [hereinafter Ten o f So u th Ca r o l i n a , Jo h n He m p h i l l Pa p e r s . Sources 190–215, 308; Pa ss i o n a t e Na t i o n , 107–16, 129, 135, Myths and Legends]. differ about whether John Hemphill graduated in 145–68, 181–84, 187, 202–07, 215–16, 233–49. 56. See Thomas Jefferson Rusk; John Cleveland 1823, 1825, or 1826. 40. Lo n e St a r , 239–302; James C. Harrington, Rusk. 75. Ju d i c i a l Tr a d i t i o n , 100; Ten Myths and Legends, 8. Framing a Texas Bill of Rights Argument, 24 St. 57. See Na t ’l Re g . In f o . Sy s ., I, 2009-03-13, http:// 76. Jo h n He m p h i l l .

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77. Fi r st Ch i e f Ju st i c e , 13; Hemphill Facts. o f Te x a s (Austin: L.E. Daniell, 1892), vol. 2, 51-53. Na r r a t i v e Hi st o r y , 36–42, 56–57. 78. Hemphill Facts; Thomas W. Cutrer, Hemphill, 110. Ju d i c i a l Tr a d i t i o n , 103. 137. Fi r st Ch i e f Ju st i c e , 55. John, Ha n d b o o k o f Te x a s On l i n e , http://www. 111. Je s u s F. d e l a Te j a (ed.), Ju a n Se g u i n , A 138. Na r r a t i v e Hi st o r y , 57; Joseph W. McKnight, tshaonline.org/handbook/online/ articles/fhe13 (last Re v o l u t i o n Re m e m b e r e d : Th e Me m o i r s a n d Se l e ct e d Homestead Law, Ha n d b o o k o f Te x a s On l i n e , http:// visited Feb. 4, 2013) [hereinafter Hemphill, John]. Co r r e s p o n d e n c e o f Ju a n N. Se g u i n (Austin: Tex. St. www.tshaonline.org/handbook/ online/articles/mlh02 79. Fi r st Ch i e f Ju st i c e , 15–17. Hist. Ass’n., 2002), 94. (last visited Sept. 19, 2014). 80. Ju d i c i a l Tr a d i t i o n , 101. 112. Fi r st Ch i e f Ju st i c e , 39. 139. 6 Tex. 102 (1851); see also Lo n e St a r La w , 26, 81. Fi r st Ch i e f Ju st i c e , 15. 113. Ju d i c i a l Tr a d i t i o n , 103. 290 n.5; Na r r a t i v e Hi st o r y , 56; Paul Goodman, The 82. Hemphill Facts. 114. Fi r st Ch i e f Ju st i c e , 52–55. Emergence of Homestead Exemption in the United 83. Fi r st Ch i e f Ju st i c e , 18–19. 115. Lo n e St a r La w , 23. States: Accommodation and Resistance to the Market 84. Id., 19. 116. See id., 57–58. Revolution, 1840 to 1880, 80 J. Am. Hi st . 470, 470, 85. Fi r st Ch i e f Ju st i c e , 20–24, 86; Te x a s St a t e 117. Id., 79–82. 496 (1993). 140 7 Tex. 19 (1851). See also Lo n e St a r Ce m e t e r y , Jo h n He m p h i l l , Plot 59, http://www. 118. See id., 73–78. La w , 26, 290 n.5. cemetery.state.tx.us/pub/user_form. asp?pers_id=59 119. Jo n e s Official Co r r e s p o n d e n c e , 643 (containing 141. 14 Tex. 594 (1855). (last visited October 6, 2014). the letter from Anson Jones to John G. Todd, Nov. 17, 142. 20 Tex. 24, 29–30 (1857). 86. Ju d i c i a l Tr a d i t i o n , 102; Hemphill Facts. 1857; emphasis in original letter). 143. 19 Tex. 371 (1857); Lo n e St a r La w , 26, 290 87. Hemphill Facts. 120. Hemphill, John. See also Ma r y Bo y k i n Ch e s n u t , A n.5. 88. Fi r st Ch i e f Ju st i c e , 21. Di a r y f r o m Dixie, a s Wr i tt e n b y Ma r y Bo y k i n Ch e s n u t , 144. Na r r a t i v e Hi st o r y , 1–3; Fi r st Ch i e f Ju st i c e , 89. He m p h i l l Pa p e r s (containing John Hemphill’s Wi f e o f Ja m e s Ch e s n u t , Jr., Un i t e d St a t e s Se n a t o r 55, 58, 64, 66-67. The provisions Judge Hemphill Certification of Honorable Discharge). Fr o m So u th Ca r o l i n a , 1859–1861…, http://docsouth. preserved remain in the Texas constitution, including 90. Id., 19–21. unc.edu/southlit/chesnut/maryches.html (last visited Article XVI, Sections 15 (community property) and 50 91. Mi ch a e l Ga n n o n , Th e Ne w Hi st o r y o f Fl o r i d a Apr. 12, 2014). (homestead exemption). (Gainesville: Univ. Press of Fla. 1996), 195 [hereinafter 121. Fi r st Ch i e f Ju st i c e , 86. 145. Smith v. Dunlavy, 31 Tex. 693 (Tex. 1869). Ne w Hi st o r y ]; Ja m e s W. Co v i n g t o n , Th e Se m i n o l e s 122. Id., 90–91. 146. 8 Tex. 427, *6 (Tex. 1852). o f Fl o r i d a (Gainesville: Univ. Press of Fla. 1993), 123. Ta r l t o n L. Lib., Ja m a i l Ct r . f o r Le g . Re s ., Ju st i c e s 147. Garrett v. Gaines, 6 Tex. 435, *8 (Tex. 1851). 72–109 [Se m i n o l e s ]. o f Te x a s 1836–1986: Jo h n T. M i l l s (1817–1871), 148. Na r r a t i v e Hi st o r y , 1–4, 58–60.See generally 92. Se m i n o l e s , 93. http://tarlton.law.utexas.edu/ justices/profile/view/70 Joseph W. McKnight, Spanish Concepts in Texas 93. Ne w Hi st o r y , 195. (last visited Dec. 11, 2014). Law of the Family, Succession, and Civil Procedure, 94. Lo u i s Ra f a e l A r a n a & A l b e r t Ma n u c y , Th e Hi st o r y 124. Ta r l t o n L. Lib., Ja m a i l Ct r . f o r Le g . Re s ., Ju st i c e s St. Ba r o f Te x ., Th e In f l u e n c e o f Sp a i n o n th e Te x a s o f Ca st i l l o d e Sa n Ma r c o s (St. Augustine, Fla.: o f Te x a s 1836–1986: Jo h n M. Ha n sf o r d (?–1844), Le g a l Sy st e m (Austin: State Bar, 1992). reprint, Historic Map & Print Co., 2005), 19–25, 55-57 http://tarlton.law.utexas.edu/ justices/profile/view/46 149. 3 Tex. 168, 172 (Tex. 1848). [hereinafter Ca st i l l o d e Sa n Ma r c o s ]. The Castillo was (last visited Dec. 11, 2014). 150. 7 Tex. 372, 380 (Tex. 1851). the “most notable structure [in Florida] to survive from 125. Ta r l t o n L. Lib., Ja m a i l Ct r . f o r Le g . Re s ., Ju st i c e s 151. Id., 382. Spanish times.” See T. D. Al l m a n , Fi n d i n g Fl o r i d a : o f Te x a s 1836–1986: Ri ch a r d s o n A. Sc u r r y (1811- 152. See, e.g., Hemphill, John; Joseph W. McKnight, Th e Tr u e Hi st o r y o f th e Su n sh i n e St a t e (New York: 1862), http://tarlton.law. utexas.edu/justices/profile/ Spanish Law, Ha n d b o o k o f Te x a s On l i n e , http://www. Atlantic Monthly Press, 2013), 45 [hereinafter Fi n d i n g view/94 (last visited Dec. 11, 2014). tshaonline.org/handbook/ online/articles/iss01 (last Fl o r i d a ]. 126. Ta r l t o n L. Lib., Ja m a i l Ct r . f o r Le g . Re s ., Ju st i c e s visited Feb. 4, 2013) [hereinafter Spanish Law]; 95. Fi r st Ch i e f Ju st i c e , 24-26. o f Te x a s 1836–1986: Ge o r g e Wh i tf i e l d Te r r e l l (1803- Joseph W. McKnight, Community Property Law, 96. Fi r st Ch i e f Ju st i c e , 26. 1846), http://tarlton. law.utexas.edu/justices/profile/ Ha n d b o o k o f Te x a s On l i n e , http://www.tshaonline.org/ 97. Id., 21. view/107 (last visited Dec. 11, 2014). handbook/online/articles/iss02 (last visited Feb. 24, 98. Id., 26. 127. Na r r a t i v e Hi st o r y , 54-62, 237. 2014); McKnight, Separate Property Law, Ha n d b o o k 99. Fi r st Ch i e f Ju st i c e , 29; Ju d i c i a l Tr a d i t i o n , 103; 128. See, e.g., Cocke v. Calkin & Co., 1 Tex. 542, 554 o f Te x a s On l i n e , http://www.tshaonline.org/handbook/ Hemphill Facts. (1846); cf. McCulloch v. Maryland, 4 Wheat (17 U.S.) online/articles/mls01 (last visited Sept. 14, 2014); Tex. 100. Ju d i c i a l Tr a d i t i o n , 103; Fi r st Ch i e f Ju st i c e , 316 (1819). See generally Lo n e St a r La w , 25-26. Const. art. XVI, § 15. See generally Wi l l i a m O. Hu i e , 27–28. 129. Na r r a t i v e Hi st o r y , 54-56, 59-60, 62, 73, 103, 264 Th e Co m m u n i t y Pr o p e r t y La w o f Te x a s (1960). 101. Fi r st Ch i e f Ju st i c e , 29. nn. 7, 13 and 19; Lone Star Law, 24-26. 153. 5 Tex. 525 (1851). See also Narrative History, 102. Id., 28–30. 130. Dallam 497, 498–501 (Tex. 1843). 61–62; Mark Davidson, One Woman’s Fight for 103. Myths and Legends, 8; Fi r st Ch i e f Ju st i c e , 31. 131. Dallam 569 (Tex. 1844). Freedom, 45 Ho u . La w . 10, 10–15 (Jan.-Feb. 2008), 104. Fi n d i n g Fl o r i d a , 45; Al b i o n ’s Se e d , 639. 132. 24 Tex. 468 (1859). available at http://www.thehoustonlawyer.com/ 105. S.C. Gw y n n e , Em p i r e o f th e Su m m e r Mo o n : Qu a n a h 133. See id., 1-2. aa_jan08/page10.htm (last visited Dec. 8, 2014), 10- Pa r k e r a n d th e Ri s e a n d Fa l l o f th e Co m a n ch e s , th e 134. Spanish Law. 15, reprinted in Ra n d o l p h Ca m p b e l l (ed.) (William S. Mo st Po w e r f u l In d i a n Tr i b e in A m e r i c a n Hi st o r y (New 135. See, e.g., Smith v. Dunlavy, 31 Tex. 693, (Tex. Pugsley & Marilyn Duncan, comps.), La ws o f Sl a v e r y York: Simon & Schuster, 2010), 82–88, 326–27 1869). in Te x a s (Austin: Univ. of Tex. Press, 2010), 87–93. (2011) [hereinafter Su m m e r Mo o n ]; Do r m a n Wi n f r e y 136. Act of Jan. 26, 1839, 3rd Cong., Repub. Tex., 154. 2 Tex. 305, 309 (1847). See also Nix v. State, a n d Ja m e s M. Da y (eds.), I Th e In d i a n Pa p e r s o f Te x a s reprinted in 2 H.P.N. Ga m m e l , Th e La ws o f Te x a s 13 Tex. 575 (1855). a n d th e So u thw e st (Austin: Pemberton Press, 5 1822–1897, 125 (Gammel Book Co. 1898); Decree 155. 17 Tex. 539 (1856). See also Lo n e St a r La w , vols., 1956–66), 11, 105 (containing Document 948, 70, of Jan. 13, 1829, reprinted in 1 H.P.N. Ga m m e l , 31, 290–91 n.64. Mirabeau B. Lamar’s December 21, 1838 “Messages Th e La ws o f Te x a s 1822–1897, 220 (Gammel Book 156. Na r r a t i v e Hi st o r y , 59–60 (citing the Deposition of the President, Submitted to both Houses”); Lo n e Co. 1898) (Mexican debtor-protection reform); Decree of Richard Rust (July 1, 1871) in Theodora Hemphill St a r , 254–55; Ten Myths and Legends, 8–9. 173 of Apr. 8, 1831, reprinted in 1 H.P.N. Ga m m e l , v. James Hemphill, Cause No. 3074, Travis Cnty., 106. Su m m e r Mo o n , 85–86. 39 Th e La ws o f Te x a s 1822–1897, 289 (Gammel Book Tex. (June 1871). 107. Id.; First Chief Justice, 35-38, 40-43. Co. 1898); Act of Feb. 5, 1840, 4th Cong., Repub. 157. 59 Texas Reports. 108. Fi r st Ch i e f Ju st i c e , 35-36. Tex., reprinted in 2 H.P.N. Ga m m e l , Th e La ws o f Te x a s 158. Cu r t i ss , Fi r st Ch i e f Ju st i c e , 87; Ri ch m o n d 109. Id., 36-37. See also Jo h n He n r y Br o w n , Hi st o r y 1822–1897, 267 (Gammel Book Co. 1898); Ha l e y , En q u i r e r (Jan. 10, 1862)

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SPOTLIGHT ON AN EL PASO LAWYER Leila Safi Hobson By Cl i n t o n F. Cr o ss

recently interviewed Leila Hobson in her HOBSON: My sister Tammy got a degree office at 4110 Rio Bravo. Leila is licensed in in accounting from UTEP and spent most of ITexas and New Mexico and is board certified her professional life working for the Maryland in estate planning and probate law. She has court system. Tony got his law degree from the been listed for many years in “Best Lawyers in University of Texas Law School and immediately America” in the specialty of trusts and estates went to work for the firm now known as Mounce, and designated by “Texas Monthly” as a “Texas Green, Myers, Safi, Paxson & Galatzan. George Super Lawyer” in Estate Planning/Trusts. and I went to the University of Texas Law School together. After graduation, George went to work Leila Safi Hobson CROSS: Tell me about your parents. for the general counsel’s office of Exxon in HOBSON: My father was Sabre Safi, who Houston and he is still there. As much as I loved teaching, when I was in died in 2005 at the age of 95. My mother is Sarah my late 20’s, I realized that I had never intended Haddad Safi. They were both born in a village CROSS: Where did you go to school? to teach school and that if I ever wanted to do in Syria, but they did not meet there. HOBSON: After high school, I attended something else, now was the time to decide what When my father was 15, he left Syria and UTEP and got a Bachelor of Science in math and it was that I would rather do. My brother Tony, traveled by boat to Mexico to join two of his physics with a minor in education. My specialty who was in law school at that time, suggested brothers who were already living and working in physics was geophysics and at one time I had that I go to law school. He told me that if I chose there. He settled in Valles, Mexico and became considered becoming a geophysicist. to go to law school, I probably could not get a job a successful businessman. My mother and her with a large firm in El Paso as at the time they family immigrated from Syria through Juarez to CROSS: Some lawyers I know became were not hiring women. Nevertheless, he said, El Paso when she five years old. She attended the lawyers because they couldn’t pass their math law school would be a wonderful educational old Lamar school and graduated from El Paso or science classes. How did you do in those experience. I took Tony’s advice and applied and High School in 1939. classes? got in to the University of Texas Law School. I During World War II my mother ran her HOBSON: I graduated from UTEP with a 4.0 got my law degree in 1979. brother’s grocery store while he served in the average. I was told that I was the first person to army. After the war, she and some friends, one do so at UTEP, but I do not know that for sure. CROSS: What did you do after you of whom was a Baptist missionary, drove to graduated? Mexico City and en route stopped in Valles for a CROSS: Amazing. Then what? HOBSON: After law school I became an day or two as it was on the road to Mexico City. HOBSON: I had to do a semester of student associate at Scott-Hulse. I was the first women My mother’s brother-in-law had asked her to teaching as a requirement to complete my minor lawyer at the firm. While I was there I focused give his regards to his “Safi” cousins who lived in education and I was assigned to El Paso High on three areas: estate planning and probate; in Valles, one of whom happened to be Sabre School. On my first day of student teaching, I residential real estate; and ERISA and retirement Safi. The minute my father met my mother, his taught a class in “related math” (math for high plans. At Scott-Hulse I learned how to practice heart skipped a beat (as did hers). My father school students who were lacking in math skills) law and I was very fortunate to have mentors like proposed to my mother that evening at dinner and a class in Algebra. To my surprise, I loved Rickie Feuille, Bill Thurmond, and Sam Moore. and they got married five months later in El Paso every minute of it! I became a partner at Scott-Hulse in 1985 and at the Church of St Clement. They were married At the end of the semester, the principal was there for almost 15 years. until my father passed away. For a short time, offered me a job and I took it notwithstanding my parents lived in both Valles and El Paso. My that it had never been my plan to teach school. I CROSS: Was there a matter that you family settled permanently in El Paso before I taught all levels of high school math for another handled back then that you found especially entered the first grade. five or six years at El Paso and Coronado High interesting? Schools taking a year off to work on a Master’s HOBSON: While I was at Scott-Hulse, I CROSS: Any siblings? Degree at UT. handled an interesting case that involved the HOBSON: I am the oldest of my parents’ Some of my students at El Paso High are now retirement plan of a national conglomerate that four children. My sister is Tamara Safi, and my lawyers who practice or have practiced in El had a large business in El Paso. There were brothers are S. Anthony Safi and George Safi. Paso: Lina Ortega, Susan Strelitz, Laura Gordon, several issues with regard to the retirement plan My siblings and I all grew up here in El Paso and Dan Malone, David Nevarez, and Judge Sergio for the local business that I had been hired to we all graduated from Austin High School. Enriquez. My students also included siblings of handle and it involved dealing quite a bit with Jay Kerr, Bruce Koehler, Robert Pearson, and the IRS and the Department of Labor. On one CROSS: What did your brothers and sisters Steve Nickey; a son of Rickie Feuille; and both of the issues, the way that a certain Internal end up doing? grandchildren of Jim Hulse. Revenue Code statute was being interpreted by

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the IRS was unfairly onerous for employers law. I received a Presidential Citation from all over the country, including my client, and the President of the State Bar in 1996 for my my client stood to bear a heavy financial loss work on that Committee. I was also a member because of it. I was able to convince the IRS for many years of the State Bar’s Disciplinary agent assigned to our case of that unfairness Rules Committee, which was charged with and he agreed to pursue changing how the amending the Texas disciplinary rules. ruled was interpreted. The rule was eventually permanently changed, and everything worked CROSS: Do you have children? out beautifully for my client. HOBSON: I have two daughters, Sarah Hobson Calfee and Christine Leigh Hobson, CROSS: Then what after you left Scott- and three grandchildren, Leila, Ford, and Elliot Hulse? Leigh. My children and grandchildren live in HOBSON: I became a partner at Mounce & Austin. They are the light of my life. Galatzan. While I was at Mounce & Galatzan When I had Sarah, I became the first women I made the decision to limit my practice to only lawyer in a large local law firm to have a baby; estate planning and probate. and when I had Christine, I was the first woman In 1997 Mounce & Galatzan split into three in a large law firm to have two. different firms and Risher Gilbert, Tim Coffey and I formed Gilbert, Coffey & Hobson at that CROSS: How did you do it? time. Bob Gilbert later joined our firm and HOBSON: I had to learn to be efficient and we stayed together until Tim Coffey retired learn to prioritize. It is what every working in 2005. After Tim retired, Bob and Risher mother has to do. formed the Gilbert Law Firm, and Stancy Stribling, Karin Carson and I formed Hobson, CROSS: At this time, you have a very Stribling, & Carson. Stancy and Karin had successful practice in an estate planning law both also been practicing in the area of estate firm. How did you develop this practice? planning and probate and it was exciting to HOBSON: Early on I was often asked to form a firm focusing on that area of practice. give talks on estate planning to various groups and did so quite a bit. It was a great opportunity CROSS: During your career, have you to use the skills that I had developed as a participated in any Bar activities? teacher. People began to know who I was HOBSON: At one time, I served as a and what my area of practice was and this director of the El Paso Bar Association and helped my practice grow. My law partners worked on several of its committees. I served throughout the years who did not practice in as president of the El Paso Women’s Bar my area of practice would refer their clients Association, and I have been a Trustee of the to me for estate planning and this also helped El Paso Bar Foundation. I was very active in my practice grow. I would say that the great the State Bar for many years. I was a member majority of my new clients have been referred of the Women in the Profession Committee to me by current clients. and also served as Vice Chair and Chair of that CLINTON F. CROSS is a retired Assistant El Paso Committee. The purpose of the Committee County Attorney. was to address issues facing women practicing

El Paso County Legal El Paso Paralegal Support Association Association June Monthly Meeting Wednesday, June 10, 2015 June Membership Meeting Thursday, June 18, 2015 El Paso Club, 201 E. Main, 18th Floor El Paso Club, 201 E. Main, 12:00 Noon 18th Floor Guest Speaker: Nancy Gallego, 12:00 noon Ex e c u t i v e Di r e c t o r o f t h e El Pa s o Ba r Ass o c i a t i o n

June 2015 18 Surprise – Who is Tracking You (Besides NSA)? And How to Stop It

By Da v i d J. Fe r r e l l hy are there so many “Freeware” more each month to protect your privacy. Smart impossible - for advertisers to build up a profile programs and “Free Apps”available phones are also tracked. Your cell phone data on how you browse. Wfor us to download and use? Are they is sold to advertisers that send you targeted ads Android really free? Many of the tablet/phone free apps over their networks. Verizon and AT&T have Turn off the new Google “AdID” system. Do have what is called “in app purchasing”. They experimented with “SUPERCOOKIES” that not go to your Android phone settings, but your must disclose this before you download and let any website know who you are when you Google Settings app. Look under your full list of install the app. The app developers hope you visit. AT&T dropped the idea when customers apps to find it. Tap the Ads link and then check or your child get hooked on the program, and complained, but Verizon still does it. You can opt “Opt out of interest-based ads.” You can also see further use of the app is not FREE. out by signing into your account at https://www. your advertising ID and tap “Reset advertising A more common use of freeware etc. gets verizonwireless.com/myprivacy/, but Verizon still ID” to make a new RANDOM one. This will its MONEY in some way with your personal adds the supercookies to your browsing, which make you look like a new user to advertisers. information. That means the site is using the can give away your identity to websites. Ads are not the only way you are tracked on your information it learns about you when you There are other ways your carrier and phone. Google and Apple might be tracking your download/register with them to target you with ads advertisers track you. Most other methods rely searches. Use the search app instead to make or sell your information to other advertisers. Often on your smartphone’s built in software. There private searches. your computer/tablet/smart phone registers you are ways you can put a stop to that with a few Windows phone - internet Explorer for automatically when you accept the free stuff. easy changes. windows 8(x) These FREE service/app providers can Iphone Microsoft does let you turn off Personalized ads also monitor when you browse to target your Go into Settings, then tap Privacy. Scroll all in Windows Phone. Go to Microsoft’s ad opt-out preferences for future advertisements that meet the way down to advertising. You will see a page and under “Personalize ads whenever I use what you like, and making future sales more button labeled, “Limit ad tracking.” MAKE IT my Microsoft account” click “Off.” You will need likely. GREEN. If it’s not showing a green color, slide to be signed in to your Windows account to do this. Some of the services you actually pay for also the button so that it shows green. This will stop Make sure you sign in with the same account you take this approach to increase their cash flow. ad companies from tracking what you do with use on your Windows Phone. This can also work Few of us really want to publish our online habits your phone and serving up targeted ads. Right for Internet Explorer in Windows 8. and make them known to anyone, especially underneath that setting, by the way, you’ll see the to those who will pay for that data, so AT&T’s “Reset Advertising Identifier.” Clicking on that DAVID FERRELL is an El Paso attorney specializing GigaPower fiber Internet offers customers the will zero out the anonymized identifier linked to in probate and criminal law. He also assists law option to not sell your searches and browsing your personal data on Apple’s servers. What that firms in development of their computer trial and law history to advertisers. means: to trackers you will appear to be a new office technology. He serves on the WEB Services Is this free? No, AT&T charges an extra $29 user. This can make it more difficult - but not Committee of the State Bar of Texas

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June 2015 EL PASO BAR ASSOCIATION PRESORTED 500 E.San Antonio L-112 STANDARD El Paso, Texas 79901 U. S. POSTAGE (915) 532-7052 PAID EL PASO, TEXAS PERMIT NO. 2516

The El Paso Bar Association and the El Paso Young Lawyers Association want to congratulate all the Law Day Award Winners!!

El Paso Bar Association Law Day Awards: El Paso Young Lawyers Albert Armendariz, Sr. Award Association Law Day Awards: Clinton Cross Outstanding Young Lawyer Duane A. Baker Professionalism Award Monica Perez Justice Steven Hughes Judge Sam Paxson Outstanding Jurist Pro Bono Award Judge Maria Salas-Mendoza El Paso Paralegal Association Outstanding Senior Lawyer Honorable Enrique H. Pena Mediator of the Year David Jeans William Hardie Outstanding Lawyer Outstanding Federal Attorney Hector Beltran Kristin Kimmelman Cori Harbour Outstanding Pre-Law Student Outstanding State Attorney Shelby Broaddus Tom Darnold Liberty Bell Award President’s Award Betsy Allen Rodriguez Charles Ruhmann

June 2015