In 1976, as the nation celebrated its Bicentennial, The Florida Bar’s executive director used the moment not just to honor the past, but to issue a call to the future — urging lawyers to carry forward the responsibility of protecting individual rights in an evolving society.
Nearly 50 years later, and as the United States approaches its 250th anniversary, and the Bar celebrates its 75th year, that message still resonates.
The column below, by Marshall R. Cassedy, is reprinted from the July/August 1976 issue of The Florida Bar Journal.
FREEDOM AND INDIVIDUAL RIGHTS – 200 YEARS FROM NOW
Marshall R. Cassedy
Men of leadership and courage came together at Carpenter’s Hall in Philadelphia, September 5, 1774. They were delegates to the First Continental Congress. A call had gone out to all the Colonies for delegates after the British had closed the port of Boston and political tension throughout the Colonies was mounting.
In attendance was a Philadelphia lawyer by the name of John Dickinson. He drafted a Declaration of Rights and Grievances which was adopted by the Congress prior to adjournment on October 26, 1774. The Congress further resolved that another Congress should be held in Philadelphia next year “unless the redress of grievances, which we have desired, be obtained before that time.”
By the time of the Second Continental Congress that convened at the Pennsylvania State House in Philadelphia on May 10, 1775, redress had not been achieved, and fighting had already broken out at Lexington and Concord between minutemen and British redcoats. During this Congress, the delegate from Virginia, George Washington, was named to take charge of the newly formed American Continental Army. Later in this same session. Congress established the Navy as well as the Marine Corps. A spirited young Philadelphian by the name of Samuel Nicholas soon became the Marines’ first commandant and, quite naturally, set up his headquarters at Tun’s Tavern along the Philadelphia waterfront.
The demand for independence was swelling throughout the Colonies as the year 1776 started. Congress was in session on June 7, 1776, when the Virginia delegate, Richard Henry Lee, offered a resolution: “That these united Colonies are, and of right ought to be, free and independent states.” The resolution was discussed for two days. Congress then postponed action for three weeks until July 2, when it was passed. Thomas Jefferson, a lawyer from Virginia, was called upon to draft the Declaration of Independence intended to justify to the world the passage of the Lee resolution. Late in the day of Thursday, July 4, 1776, after many amendments, the Declaration was adopted.
Some historians report that the signers of the Declaration of Independence, 25 of the 56 were lawyers, believed, at the time they executed this cherished document on August 2, 1776, that they were in fact signing their own death warrants. Many of the signers were men of affluence. Many subsequently lost not only all their wealth, but their homes were ravaged, families harassed and some imprisoned.
They were, nonetheless, men of leadership and courage. They were concerned, not for themselves, but for the people of the Colonies. Concerned about the individual rights and freedom of each citizen, these leaders shared the belief that they alone had the responsibility to defend and protect the liberty and rights of the colonists whose time was devoted to keeping life and limb together under difficult living conditions in their emerging new nation. Lawyers were in the forefront and we of the legal profession today can be and must be justly proud of this heritage.
And how symbolic it all is today. The conscientious, hard-working Florida citizen has neither the time nor the expertise to defend his individual rights and privileges in the halls of our Legislature or the courtrooms of our state. This is the mission of each of us, privileged to be called “lawyer,” to ensure that these rights and privileges are not emasculated by legislative act or judicial fiat regardless of financial remuneration.
How heartwarming to now reflect on those volunteer Florida lawyers who gave thousands of hours during this past legislative session to fight off, time and again, a barrage of attacks against individual citizen rights levied by powerful forces to curtail these rights and limit citizen’s access to the courthouse. These lawyers lived their proud heritage in our legislative halls. Those of us who were not privileged to so participate this year can look with pride on those who did both as legislators and lobbyists.
We lawyers have a sacred responsibility to keep the Liberty Bell ringing, as it did on Monday, July 8, 1976, today and for the next 200 years. Yes, keep it ringing and forever proclaiming “liberty throughout all the land unto all the in habitants thereof.”
Marshall R. Cassedy
Executive Director