Founding fathers, founding lawyers

As Americans celebrated the nation's Bicentennial in 1976, then-immediate past Florida Bar President J. Rex Farrior, Jr., used the occasion to highlight an often-overlooked fact of the American Revolution, that lawyers played a central role in creating the United States.

Writing in the July/August 1976 issue of The Florida Bar Journal, Farrior traced the legal backgrounds of many of the nation's founders, arguing the principles laid out in the Declaration of Independence, the Constitution, and the Bill of Rights were shaped by men trained in the law and committed to the rule of law.

As the United States now prepares to commemorate its 250th anniversary next month and The Florida Bar celebrates its 75th year, Farrior's message remains relevant. His essay serves as a history lesson and a reminder of the profession's longstanding role in safeguarding democratic institutions and individual liberties.

Farrior argues the example set by the founding generation should inspire lawyers to remain engaged in preserving constitutional government and protecting individual rights.

Role of the Lawyer in Founding of our Nation

By J. Rex Farrior, Jr.

In this, the year of our Bicentennial, the nation’s attention is focused upon those people and events which led to the creation of a free nation from 13 British colonies in America. During one minute of prime-time television every night we are reminded of the way it was 200 years ago today. We, as members of the legal profession, should also be reminded of the role which members of our profession played in the founding of our republic.

J. Rex Farrior, Jr.

Throughout our history, lawyers have been the framers and defenders of our democratic form of government. A common denominator shared by many of our founding fathers was a background in law, which is clearly reflected in their documents charting a young nation’s future. From the Declaration of Independence to the United States Constitution, the instruments which set forth the principles and goals of a free people were the product of the great legal minds of the day.

Today’s lawyers should be openly proud of the role of the lawyer in the founding of the United States of America, for our country, as we know it, would not exist but for the participation of these men, all lawyers.

John Adams (1735-1826)

Following graduation from Harvard at the age of 20, John Adams became a schoolmaster with the intention of becoming a minister. He soon changed his mind, however, and began the study of law in the belief that “The study and practice of law ... does not dissolve the obligations of morality or of religion.’’ He was admitted to the bar at the age of 23 and immediately began the practice of law in Braintree, Massachusetts. Becoming increasingly interested in public affairs, Adams moved his law practice to Boston in 1766. His reputation as a lawyer grew rapidly, and his identification with the patriotic cause was established by his involvement in such political cases as the defense of John Hancock against a smuggling charge. He was devoted to the law, but was forced into public life by the political events of the time.

Adams was chosen in 1774 as a Massachusetts delegate to the First Continental Congress. He seconded Richard Henry Lee’s motion for independence, assisted Jefferson in the drafting of the Declaration of Independence, and defended it in its passage through Congress. At the beginning of the war, he nominated Washington to serve as the commander-in-chief of the Colonial Army, and after the war he negotiated the peace treaty with Great Britain that recognized American independence. Soon thereafter he was elected as the first Vice President of the United States, and upon Washington’s retirement he was elected to the Presidency. Extraordinarily, both John Adams and Thomas Jefferson passed away on July 4, 1826, the 50th anniversary of the adoption of the Declaration of Independence, for which both men were primarily responsible.

Charles Carroll (1737-1832)

At an early age, Carroll was sent to France by his father to receive a Catholic education. Before returning to the colonies, he studied law in London. After his return from Europe, he became a leader of the patriotic movement in Maryland. As one of the three wealthiest men in America, Carroll had more to lose than most by being identified as a patriot by England. Nevertheless, following his election to the Continental Congress he demanded that the Maryland delegates be instructed to vote for independence with the majority of the other colonies. He then immediately proceeded to Philadelphia and voted for the Declaration’s adoption, signing the instrument on August 2, 1776. He later served as one of Maryland’s first U.S. Senators in Congress, and he lived to be the last surviving signer of the Declaration of Independence.

Samuel Chase (1741-1811)

Chase began the study of law at the age of 18 and was admitted to the bar in Maryland two years later. As a member of the “Sons of Liberty’’ he worked hard for revolt against the British, participating in numerous demonstrations, such as those against the Stamp Act. As a member of the Maryland Convention and a delegate to the First Continental Congress, he campaigned with Charles Carroll to permit the Maryland delegates to vote for independence. After riding 150 miles in two days, he arrived in Philadelphia with new instructions for the Maryland delegates on the night before the decisive vote.

Although Chase opposed the adoption of the U.S. Constitution, he served on a committee which proposed amendments to protect trial by jury and freedom of the press. President Washington later nominated Chase to the United States Supreme Court, a position he held for 15 years.

William Ellery (1727-1820)

Following graduation from Harvard at the age of 19, William Ellery engaged in various trades in Rhode Island over the next 28 years. It was not until 23 years after graduation from college that he took up the practice of law. Although a late starter, he soon developed a successful practice.

After fighting broke out in 1775, the Rhode Island Legislature declared its independence of British rule in May 1776. During that month, Ellery was elected to Congress and given the task of securing the independence vote from all the colonies. Although offered the office of chief justice of the superior court of Rhode Island in 1785, he chose to remain a member of Congress, where he felt he could be most effective. Following his retirement from Congress, he held minor government posts for the remainder of his life.

Patrick Henry (1736-1799)

Following unsuccessful attempts at various business ventures, Patrick Henry turned to the study of law at the age of 24. Six weeks later, he was admitted to the Virginia Bar and proceeded to handle more than 1,100 cases in his first three years of practice. At the age of 29, Henry was elected to the Virginia House of Burgesses, where he soon became known as a supporter of patriotic measures. Urging the arming and training of men for the defense of the colonies at the Second Patriotic Convention of Virginia, Patrick Henry was immortalized by his speech which concluded with the phrase, “Give me liberty or give me death!” He served in the Continental Congress as a delegate from Virginia and contributed to legislation which provided for a Continental Army and to the appointment of George Washington as Commander-in-Chief.

Henry was elected Governor of Virginia five times and served as a delegate to the Constitutional Convention. He strenuously opposed adoption of the Constitution, and was largely responsible for the adoption of the Bill of Rights. In his later years he returned to his law practice where he became an authority in international law.

Thomas Heyward, Jr., (1746- 1809)

Thomas Heyward began his study of law in the office of a local attorney. He completed his study in London and was admitted to the bar there at the age of 19. He was admitted to the bar in South Carolina upon his return from Europe at the age of 25. Along with his practice, he became quite active in government and was chosen to the Continental Congress, participating in the debates on independence and signing the Declaration. He returned to South Carolina and served as a circuit judge until his enlistment in the militia as an artillery officer. Following his duty in the militia, he again served in the legislature and as a circuit judge. He spent his last years quietly on his plantation in South Carolina.

William Hooper (1742-1790)

Rather than becoming a minister as his father wanted, he began the study of law following his graduation from Harvard at the age of 18. His study in the law office of James Otis greatly influenced his future political life. Believing that greater opportunity was available to a young lawyer in North Carolina, Hooper left Boston following his admission to the Massachusetts Bar. He was elected to the Continental Congress from North Carolina, and although he was absent when independence was voted, he returned in time to sign the Declaration. After the war. Hooper returned to North Carolina to resume his law practice.

Francis Hopkinson (1737-1791)

After graduating from what is now the University of Pennsylvania at the age of 19, Hopkinson studied law in the office of the attorney general of Pennsylvania. Following his admission to the bar he practiced law in Philadelphia. He was elected to the Continental Congress as a delegate from New Jersey, and as a delegate voted for and signed the Declaration of Independence.

Hopkinson served as judge of the admiralty of Pennsylvania and as judge of the first federal court to function under the U.S. Constitution. Hopkinson will be remembered most as a political satirist during the war and as the designer of the American flag.

Samuel Huntington (1731-1796)

Huntington was a self-made man who grew up on a farm and studied law in his spare time. He was admitted to the Connecticut Bar at the age of 27 and began to develop a successful practice. At the age of 33 he began a career of public service to Connecticut, and in 1775 was elected to the Second Continental Congress. While in Congress he voted for and signed the Declaration of Independence and also signed the Articles of Confederation. He succeeded John Jay as president of Congress in 1779 and served until 1781. Upon his return to Connecticut, he served as associate justice and eventually chief justice of the state superior court.

Thomas Jefferson (1743-1826)

Following graduation from the College of William and Mary at the age of 19, Jefferson commenced the study of law under George Wythe, the most noted teacher of law of his generation in Virginia. He began a successful law practice at the age of 24, abandoning it for a political life shortly before the beginning of the revolution. Jefferson soon became known as an exemplary literary draftsman, his work a reflection of his legal training. Not known as an effective public speaker, he was nevertheless elected to Congress in 1775. At the young age of 33, Jefferson was chosen along with John Adams, Benjamin Franklin, Roger Sherman and Robert R. Livingston to draft a declaration of independence. He was chosen within this select committee to draw up this most important of documents, and his was the work ultimately adopted, save for minor changes made by Franklin and Adams.

His career of public service is without equal. He was a tremendously effective legislator on both state and national levels. Jefferson served as the Governor of Virginia and founded the University of Virginia. He was appointed by Washington as the first Secretary of State under the Constitution and he was elected as our second Vice President and our third President. In accordance with his wishes, he is remembered on his gravestone as the author of the Declaration of Independence and the Virginia Statute for Religious Freedom, and the father of the University of Virginia.

Thomas McKean (1734-1817)

Thomas McKean studied law in Delaware and was admitted to the bar at the age of 20. During the next 10 years he developed a successful law practice in Delaware, Pennsylvania, and New Jersey. His career of public service began at the age of 22 in Delaware, which he later represented in the Continental Congress. He also became active in the public affairs of Pennsylvania, and in 1777 became chief justice of the state. He remained active in Delaware politics, however, and for six years held offices in both states. He served as chief justice of Pennsylvania for 22 years, during which time he also served as president of the Congress of the Confederation. McKean is remembered as one of the most energetic men of the time, serving in public office for more than 50 years.

James Otis (1725-1783)

Descended from a long line of prominent lawyers and jurists, James Otis studied law under one of the leading attorneys of the colonies. At the age of 23 he was admitted to the Massachusetts Bar and opened a Boston law practice. Otis achieved prominence by successfully challenging the legality of the use of writs of assistance by the Royal government. He soon became the leading political activist in Boston, his time being occupied by such organizations as the Sons of Liberty. Unfortunately, prior to the revolution he was involved in a brawl which left him mentally deranged for the remainder of his life. Nevertheless, he is considered to have laid the foundation for the eventual struggle for independence.

William Paca (1740-1799)

William Paca began the study of law at the age of 19 in the office of an Annapolis attorney. Prior to his admission to the bar, he completed his legal education in London. He soon developed his law practice and began a career of public service in Maryland. He was elected to Congress in 1774, where he served until 1779. After the removal of restrictions by Maryland, he voted for and signed the Declaration of Independence. In 1789 Washington appointed him to a federal district judgeship, a position which he held until his death.

Robert Treat Paine (1731-1814)

Robert Treat Paine, a Puritan, studied theology and pursued a brief career in the ministry. However, he soon changed to the study of law under Benjamin Pratt, a New York lawyer. A respected attorney at a young age, he was chosen special prosecutor in the famous “Boston Massacre” trial, which made him famous throughout the colonies. He served in the Continental Congress as one of the Massachusetts delegates, while holding various public offices in the state. He served as attorney general for Massachusetts, and for 14 years served on the state supreme court. Paine was one of the few to sign both the “Olive Branch Petition,” a final appeal to the Crown, and the Declaration of Independence.

John Penn (1741-1788)

John Penn educated himself for the practice of law in the library of a relative, and was admitted to the bar at the age of 21. After 12 years of practice in Virginia, he moved to North Carolina, where he soon became a leader of the state. He was elected to the Continental Congress from North Carolina and voted for and signed the Declaration of Independence. Following the war, he returned to North Carolina to practice law until his death.

George Read (1733-1798)

George Read began his legal career by studying in a Philadelphia law office, being admitted to practice at the age of 19. He opened his practice in Delaware, and was elected from that state to the Continental Congress. He refused to vote for independence on July 2, 1776, but upon its adoption he both signed the Declaration and continued to support it. He later served as a U.S. Senator from Delaware and for the last five years of his life he held the office of chief justice of the state.

George Ross (1730-1779)

George Ross studied law in Philadelphia and was admitted to the Pennsylvania Bar at the age of 20. Although not elected to the Second Continental Congress in time to vote for independence, he was one of the delegates to sign it on August 2, 1776.

Edward Rutledge (1749-1800)

Following in the footsteps of his older brother John, a successful lawyer, Edward Rutledge studied law in London before opening his practice in South Carolina. Through his brother’s influence, he was elected to the Continental Congress at the age of 24. Although against independence until the final vote, he changed his mind and became the youngest signer of the Declaration. Following the revolution, in which he served briefly as an artillery officer, he reestablished his law practice and served for 16 years in the state legislature. For the last two years of his life he served as Governor of South Carolina

Roger Sherman (1721-1793)

Roger Sherman worked as a cobbler and a surveyor before entering the practice of law at the age of 33. His political career began soon thereafter, holding many offices in Connecticut. He was elected to Congress and was chosen to the committee whose task it was to draft a declaration of independence. Sherman also served as a jurist in Connecticut and is the only person to have signed all of the four great documents of the young Republic: the Articles of Association, the Declaration of Independence, the Articles of Confederation, and the Constitution.

James Smith (1719-1806)

James Smith studied law in his brother’s office in Philadelphia, following which he worked as both a lawyer and a surveyor. He raised the first company of volunteers to defend Pennsylvania against the British, and became a signer of the Declaration of Independence following his election to the Continental Congress. He returned to the practice of law after the war, but held only local public offices.

Richard Stockton (1730-1781)

Richard Stockton studied law in the office of the leading lawyer of New Jersey and was admitted to the Bar at the age of 23. He built a successful practice and was appointed to the New Jersey Supreme Court in 1774. He was elected as a delegate to the Continental Congress on June 22, 1776, and arrived in Philadelphia in time to hear the closing debates on independence and to sign the Declaration. Harsh treatment following his capture by the British hastened his early demise.

Thomas Stone (1743-1787)

Thomas Stone borrowed money to go to Annapolis, Maryland, to study law. At the age of 21 he was admitted to the bar and began his practice. In 1774, as a sheriff’s lawyer he prosecuted Samuel Chase, Thomas Johnson, and William Parker, who were later to be his colleagues in Congress. While a member of Congress, Stone voted for and signed the Declaration of Independence. He also served on the committee which drafted the Articles of Confederation, but declined to serve in the Constitutional Convention in Philadelphia because of the illness of his wife.

George Walton (1741-1804)

George Walton was employed as a carpenter’s apprentice until the age of 28, at which time he moved to Savannah, Georgia, to begin the study of law. An ardent patriot, he was elected to Congress in February 1776. He signed the Declaration of Independence and served in Congress until 1778, when he was appointed a colonel in the Georgia militia. Walton spent the remainder of his life serving the State of Georgia in the offices of Governor, Chief Justice and U.S. Senator.

James Wilson (1742-1798)

James Wilson was born in Scotland where he received the greater part of his education. At the age of 23 he immigrated to America in the midst of the Stamp Act riots. After completing two years of study in the law office of John Dickinson in Philadelphia, he began to build a successful practice.

Wilson was elected as a Pennsylvania delegate to the Continental Congress, subsequently voting for and signing the Declaration of Independence. As a delegate to the Constitutional Convention of 1787, he played a major role by acting as the spokesman for the aging Benjamin Franklin and as a contributing member of the constitutional drafting committee. He was later appointed by Washington as an associate justice of the first U.S. Supreme Court, which position he held until his death.

George Wythe (1726-1806)

George Wythe attended the College of William and Mary prior to studying law in the office of an uncle. He soon became one of the public leaders of Virginia and served as a delegate to the Continental Congress. He supported and signed the Declaration of Independence and helped organize the Constitutional Convention.

Wythe, like other lawyers of his day, took students into his office to study law. Among those who studied in his office were Henry Clay, John Marshall, James Monroe and his most gifted student, Thomas Jefferson. During Jefferson’s term as Governor of Virginia, Wythe became the first professor of law at an American college. Wythe later became the chancellor of the Virginia courts and established a small law school of his own.

Conclusion

We as lawyers can be proud of our profession’s contribution to a government founded in the preservation of liberty and the protection of the rights of the individual. Today, as was true 200 years ago, lawyers are uniquely qualified to serve the public and preserve our form of government. Lawyers drafted our federal and state constitutions and lawyers are constantly called upon to uphold them. We all share the pride in our nation so ably expressed years ago by another lawyer, Francis Scott Key, in “The Star Spangled Banner.” The unselfish involvement of successful lawyers in the founding of our republic should encourage our involvement in its preservation.

BIBLIOGRAPHY

Signers of the Declaration, Katherine & John Bakeless, Houghton Mifflin Company, Boston, 1969.

Founders of Freedom in America, David C. Whitney, J.G. Ferguson Publishing Co., Chicago, 1964.

Dictionary of American Biography, American Council of Learned Societies, 1932, 1933, Renewal Copyright 1960, 1961, Charles Scribner’s Sons, N.Y., Volumes 1-10.

J. Rex Farrior, Jr., Tampa, is the immediate past president of The Florida Bar. He has served as a member of the Bars Board of Governors, chairman of the Judicial Administration Committee and state membership chairman of the American Bar Association’s Section of Corporation, Banking and Business law.

While he served as president of the Young Lawyers’ Section, the section won the American Bar Association’s Award of Merit. During his administration as president of The Florida Bar, the Bar won the first place award for “Overall Excellence in 1976” competition sponsored by the ABA.

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