Hopkinson

on Hopkinson's musical career is 0. G. T. Sonneck,
Francis Hopkinson, the First Am. Poet-Composer
(1905)-] G.E.H.

HOPKINSON, JOSEPH (Nov. 12, 1770-
Jan. 15, 1842), congressman, jurist, author of
"Hail Columbia," was born in Philadelphia, Pa.,
the son of Francis Hopkinson [#.z/.], signer of
the Declaration of Independence, and Ann (Bor-
den) Hopkinson. He was educated at the Uni-
versity of Pennsylvania, graduating in 1786. He
married Emily Mifflin, daughter of the first gov-
ernor of the state of Pennsylvania. Choosing a
legal career, he was admitted to the bar in 1791
and soon made a notable reputation as a lawyer.
He was attorney for Dr. Benjamin Rush in his
successful libel suit in 1799 against William Cob-
bett, and he was one of the three lawyers engaged
by Justice Samuel Chase in his defense when im-
peached in 1804. In the latter case he was com-
plimented by Aaron Burr as being the most ef-
fective lawyer in the case (Pennsylvania Law
Journal, post, pp. 101-07). In 1814 he was elect-
ed to Congress as a Federalist. He became the
leading minority member of the committee ap-
pointed by Speaker Clay to consider the question
of a revived federal banking system and opposed
the plan of the Republicans. He also challenged
the view of the Republicans that a treaty involv-
ing fiscal matters necessitated action by the
House of Representatives and contended that a
treaty made by the president and the Senate un-
der their constitutional treaty-making mandate
automatically superseded any national law not in
harmony with it (Annals of Congress, 14 Cong.,
i Sess., pp. 485, 639, 1095, and passim). He
participated extensively in congressional debates
on varied subjects, generally on the losing side.
He was a member of Congress during the period
of disintegration of his party and during the rise
of a democratic spirit with which he had little
sympathy. Nor did his character permit him to
act well the role of an opportunist As a result,
his congressional career was not particularly
fruitful. In 1820, the year after he retired from
Congress, he removed to Bordentown, N. J., but
in 1823 he returned to Philadelphia.

In 1828 Hopkinson was commissioned by
President Adams judge of the federal district
court for the eastern district of Pennsylvania, a
position his father had held by appointment from
President Washington. This position he re-
tained until his death in 1842. His opinions as
district judge were marked by unusual clarity
and literary skill. He was in no sense a path-
finder, and his interpretations of law and prec-
edent were in accord with his conservative
outlook. His opposition to innovation found ex-
pression also in his work as a member of the

Hopkinson

state constitutional convention of 1837. One of
the principal reasons for calling the convention
was a desire to democratize the judiciary in ac-
cord with the general tendencies of the Jacksoni-
an era. Out of deference to Hopkinson's age and
recognized ability as a lawyer and a judge, he
was made chairman of the judiciary commit-
tee of the convention. But in spite of his ar-
dent and masterly arguments against what he
termed the surrender of the independence of
judges under restricted tenure and popular elec-
tion, the convention adopted many of the pro-
posed innovations.

Hopkinson's varied interests and activities are
indicated by his connections with leading cul-
tural institutions. He was at one time secretary
of the board of trustees of the University of
Pennsylvania and was long a member of the
board. He was vice-president of the American
Philosophical Society, president of the Academy
of the Fine Arts and a patron of artists, and one
of the founders in 1827 of the Pennsylvania Hor-
ticultural Society. His popular reputation de-
pends most largely upon a casual episode of his
earlier life—the writing of "Hail Columbia."
His own account explains that it was written in
the spring of 1798 at the request of a young actor
and singer of his acquaintance, Gilbert Fox
[g.v.]. The young man "was about to take a
benefit" at a local theatre and was in need of a
popular song. Hopkinson, among others, was
asked to write words, preferably of a patriotic
nature, to be sung to the tune of "The Presi-
dent's March." His object in complying, he
states, aside from favoring the actor, was "to get
up an American spirit, which should be inde-
pendent of, and above the interests and passions,
and policy of both belligerents, and look and feel
exclusively, for our own honour and rights"
(Pennsylvania Law Journal, post, p. 103). He
referred, of course, to England and France and
to the bitterly hostile anti-English and anti-
French groups in America. In his own aristo-
cratic circles, war with France was thought to
be inevitable. His object in avoiding partisan-
ship and in appealing to the patriotism of both
groups was attained "The song found favour
with both parties," he wrote, "for both were
American" (Sonneck, post, pp. 43~72)-

[See the Pa. Law Jour., Jan. 1848; Univ. of Pa.,
Bioff. Cat. of the Matriculates of the Coll. X749^i&W
(1804): E. P. Oberholtzer, Philadelphia: A Hist, of
the City and Its People, vols, I and II (1312); Proc
and Debates of the Convention of the Commonwealth
of Pa. ... Held at Harrisburg . . . May i$J7, vol.
I (1837) ; O. G, T. Sonneck, Report on '[The Star-
Spangled Banner," "Hail Columbia/' "America," 'Tan-
kee Doodle" (1909); B. A. Konkle, Joseph Hopkinson,
i?70-1842 (1931); and the Pennsylvanian, Jan. i;»
1842. For Hopkinson's opinions as district judge see
Gilpin's Reports, 1828-36 (1837) and Crabbe's Reports,

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