Samuel F. Phillips
Encyclopedia
Samuel Field Phillips was a civil rights
pioneer, lawyer
, politician, and U.S. Solicitor General
(1872–1885). He took part in the landmark civil rights case, Plessy v. Ferguson
.
. His father, James Phillips, was a British
mathematician
. When Samuel was about two years of age his father became the first professor of mathematics at the newly formed University of North Carolina at Chapel Hill
(UNC) and the family moved to Chapel Hill, North Carolina
.
to the North Carolina General Assemblies
of 1852 and 1854. Phillips served on North Carolina's state court of claims
in 1861, and as state auditor
from 1862-1864.
and during the U.S. Civil War he became a member of the "Peace Party" of newspaper publisher William Woods Holden
(1818–1892), whose 1863 "peace meetings" across North Carolina urged the state to stop fighting the Civil War.
In 1864, Phillips was re-elected to the General Assembly, serving as Speaker of the House
in 1866. He was a member of the first "Reconstruction Convention," and joined the Republican Party
, which earned him much condemnation as a "scalawag
." He fought for the expansion of legal rights for African-Americans, triumphing in granting freedmen the right to testify in cases in which they were parties.
In 1866 Phillips left politics to return to the private practice of law. In the Fall of 1867 he moved his family to Raleigh, North Carolina
, where he became North Carolina's Supreme Court
Reporter
. He returned to politics in 1870.
In 1871, Phillips served another term in the North Carolina House of Representatives
. In 1872, Phillips was appointed the second U.S. Solicitor General by President Ulysses S. Grant
, serving in this position from November 1872 to May 1885. During Phillips’s twelve and one-half years as solicitor general, he served under four presidents: Grant, Hayes, Garfield, and Arthur. Phillips argued the constitutionality of the 1871 Enforcement Act and advocated upholding a conviction of several Ku Klux Klan
members who assaulted a black man for voting in a congressional election. Citing Article I of the U.S. Constitution, he set a precedent used in the 1960s to validate the expansion of federal control over the election process.
Phillips was part of the team who argued the Civil Rights Cases
of 1883, using both the Civil Rights Act of 1875
and the 13th and 14th Amendments as a defense. As part of the legal counsel representing Homer Plessy in the landmark Plessy v. Ferguson
case, he argued that the “separate-but-equal” doctrine was nothing less than a disparagement of African-Americans on the basis of color, much like slavery.
After serving as Solicitor General, he went on to become a member of the U.S. and Venezuela Mixed Claims Commissions of 1888 and 1891. Phillips returned to private law practice in Washington, D.C.
until 1901.
Samuel Phillips died on November 18, 1903, aged 79, in Washington, D.C.
His body was later moved to Chapel Hill, North Carolina
.
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...
pioneer, lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
, politician, and U.S. Solicitor General
United States Solicitor General
The United States Solicitor General is the person appointed to represent the federal government of the United States before the Supreme Court of the United States. The current Solicitor General, Donald B. Verrilli, Jr. was confirmed by the United States Senate on June 6, 2011 and sworn in on June...
(1872–1885). He took part in the landmark civil rights case, Plessy v. Ferguson
Plessy v. Ferguson
Plessy v. Ferguson, 163 U.S. 537 , is a landmark United States Supreme Court decision in the jurisprudence of the United States, upholding the constitutionality of state laws requiring racial segregation in private businesses , under the doctrine of "separate but equal".The decision was handed...
.
Early life
Samuel Phillips was born in New York CityNew York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
. His father, James Phillips, was a British
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
mathematician
Mathematician
A mathematician is a person whose primary area of study is the field of mathematics. Mathematicians are concerned with quantity, structure, space, and change....
. When Samuel was about two years of age his father became the first professor of mathematics at the newly formed University of North Carolina at Chapel Hill
University of North Carolina at Chapel Hill
The University of North Carolina at Chapel Hill is a public research university located in Chapel Hill, North Carolina, United States...
(UNC) and the family moved to Chapel Hill, North Carolina
Chapel Hill, North Carolina
Chapel Hill is a town in Orange County, North Carolina, United States and the home of the University of North Carolina at Chapel Hill and UNC Health Care...
.
Education
Samuel Phillips graduated from UNC with highest honors in 1841, earning a master’s degree three years later. He began his own law practice in North Carolina and joined the UNC law department as a tutor before embarking on a career in politics, beginning with his election as a WhigWhig Party (United States)
The Whig Party was a political party of the United States during the era of Jacksonian democracy. Considered integral to the Second Party System and operating from the early 1830s to the mid-1850s, the party was formed in opposition to the policies of President Andrew Jackson and his Democratic...
to the North Carolina General Assemblies
North Carolina General Assembly
The North Carolina General Assembly is the state legislature of the U.S. state of North Carolina. The General Assembly drafts and legislates the state laws of North Carolina, also known as the General Statutes...
of 1852 and 1854. Phillips served on North Carolina's state court of claims
Court of Claims
The Court of Claims in the United Kingdom is a special court established after the accession of a new Sovereign to judge the validity of the claims of persons to perform certain honorary services at the coronation of the new monarch....
in 1861, and as state auditor
North Carolina State Auditor
The North Carolina State Auditor is a statewide elected office in the U.S. state of North Carolina. The State Auditor is responsible for overseeing and reviewing the financial accounts of all state government agencies...
from 1862-1864.
Political career
Phillips had been an opponent of secessionSecession
Secession is the act of withdrawing from an organization, union, or especially a political entity. Threats of secession also can be a strategy for achieving more limited goals.-Secession theory:...
and during the U.S. Civil War he became a member of the "Peace Party" of newspaper publisher William Woods Holden
William Woods Holden
William Woods Holden was the 38th and 40th Governor of North Carolina in 1865 and from 1868 to 1871. He was the leader of the state's Republican Party during Reconstruction. Holden was the second governor in American history to be impeached, and the first to be removed from office...
(1818–1892), whose 1863 "peace meetings" across North Carolina urged the state to stop fighting the Civil War.
In 1864, Phillips was re-elected to the General Assembly, serving as Speaker of the House
Speaker of the North Carolina House of Representatives
The Speaker of the North Carolina House of Representatives is the presiding officer of one of the houses of the North Carolina General Assembly. The Speaker is elected by the members of the house when they convene for their regular session in January of each odd-numbered year...
in 1866. He was a member of the first "Reconstruction Convention," and joined the Republican Party
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
, which earned him much condemnation as a "scalawag
Scalawag
In United States history, scalawag was a derogatory nickname for southern whites who supported Reconstruction following the Civil War.-History:...
." He fought for the expansion of legal rights for African-Americans, triumphing in granting freedmen the right to testify in cases in which they were parties.
In 1866 Phillips left politics to return to the private practice of law. In the Fall of 1867 he moved his family to Raleigh, North Carolina
Raleigh, North Carolina
Raleigh is the capital and the second largest city in the state of North Carolina as well as the seat of Wake County. Raleigh is known as the "City of Oaks" for its many oak trees. According to the U.S. Census Bureau, the city's 2010 population was 403,892, over an area of , making Raleigh...
, where he became North Carolina's Supreme Court
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
Reporter
Court reporter
A court reporter, stenotype reporter, voice writing reporter, or transcriber is a person whose occupation is to transcribe spoken or recorded speech into written form, using machine shorthand or voice writing equipment to produce official transcripts of court hearings, depositions and other...
. He returned to politics in 1870.
In 1871, Phillips served another term in the North Carolina House of Representatives
North Carolina House of Representatives
The North Carolina House of Representatives is one of the two houses of the North Carolina General Assembly. The House is a 120-member body led by a Speaker of the House, who holds powers similar to those of the President pro-tem in the state senate....
. In 1872, Phillips was appointed the second U.S. Solicitor General by President Ulysses S. Grant
Ulysses S. Grant
Ulysses S. Grant was the 18th President of the United States as well as military commander during the Civil War and post-war Reconstruction periods. Under Grant's command, the Union Army defeated the Confederate military and ended the Confederate States of America...
, serving in this position from November 1872 to May 1885. During Phillips’s twelve and one-half years as solicitor general, he served under four presidents: Grant, Hayes, Garfield, and Arthur. Phillips argued the constitutionality of the 1871 Enforcement Act and advocated upholding a conviction of several Ku Klux Klan
Ku Klux Klan
Ku Klux Klan, often abbreviated KKK and informally known as the Klan, is the name of three distinct past and present far-right organizations in the United States, which have advocated extremist reactionary currents such as white supremacy, white nationalism, and anti-immigration, historically...
members who assaulted a black man for voting in a congressional election. Citing Article I of the U.S. Constitution, he set a precedent used in the 1960s to validate the expansion of federal control over the election process.
Phillips was part of the team who argued the Civil Rights Cases
Civil Rights Cases
The Civil Rights Cases, 109 U.S. 3 , were a group of five similar cases consolidated into one issue for the United States Supreme Court to review...
of 1883, using both the Civil Rights Act of 1875
Civil Rights Act of 1875
The Civil Rights Act of 1875 was a United States federal law proposed by Senator Charles Sumner and Representative Benjamin F. Butler in 1870...
and the 13th and 14th Amendments as a defense. As part of the legal counsel representing Homer Plessy in the landmark Plessy v. Ferguson
Plessy v. Ferguson
Plessy v. Ferguson, 163 U.S. 537 , is a landmark United States Supreme Court decision in the jurisprudence of the United States, upholding the constitutionality of state laws requiring racial segregation in private businesses , under the doctrine of "separate but equal".The decision was handed...
case, he argued that the “separate-but-equal” doctrine was nothing less than a disparagement of African-Americans on the basis of color, much like slavery.
After serving as Solicitor General, he went on to become a member of the U.S. and Venezuela Mixed Claims Commissions of 1888 and 1891. Phillips returned to private law practice in Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
until 1901.
Other information
Phillips married Frances R. Lucas (1831–1883), on December 3, 1849, at Chapel Hill. They had 10 children. In 1889 Phillips married Sarah Maury; she died in 1902. They had no children.Samuel Phillips died on November 18, 1903, aged 79, in Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
His body was later moved to Chapel Hill, North Carolina
Chapel Hill, North Carolina
Chapel Hill is a town in Orange County, North Carolina, United States and the home of the University of North Carolina at Chapel Hill and UNC Health Care...
.