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Although rebels, some Founding Fathers had ties to London legal community
DANIEL A. COTTER
Law Bulletin columnist
Published: May 9, 2017
We often think of our nation’s founding as a “fight to the death” between the Americans and the British with not many colonists having educational or other ties to Great Britain.
However, on a recent trip to London, an interesting historical fact was proudly displayed — 13 members of the Honourable Societies of the Middle or Inner Temples were signatories to either the Declaration of Independence or Constitution of the United States (all were born in the colonies, many traveled to London for all or part of their legal education). The two Inns of Court proudly display recognition of these men in the Middle Temple and in the Temple Church. This column briefly looks at these men.
The Temples
The two Temples represent two of the four Inns of Court in England, which a lawyer must belong to in order to practice as a barrister. The two Temples are part of The Temple, which was the English headquarters of the Knights Templar until they were officially dissolved in 1312.
The Temple Church remains from the days of the Knights Templar. The Inner Temple and Middle Temple has each been in existence as a society since at least 1388, with the other two Inns — the Honorable Society of Lincoln’s Inn and the Honorable Society of Gray’s Inn — established later. The Temples and Inns have been places of training and apprenticeship for barristers for many years.
Of the 13 signatories mentioned, only one, William Paca, was a member of the Inner Temple. The remaining 12 were members of the Middle Temple. There is no record that any members of the other two Inns, Gray’s or Lincoln’s, signed either the Declaration of Independence or the Constitution.
Signatories to the Declaration of Independence
The following six Templars signed the Declaration of Independence:
• William Paca
•Thomas Heyward Jr.
• Thomas Lynch Jr.
• Thomas McKean
• Arthur Middleton
• Edward Rutledge
William Paca — Paca was born in the British colony of Maryland and read law in the colonial capital of Annapolis, where he established his practice. In 1774, he was appointed to the Continental Congress and served until 1779. Paca later served as governor of Maryland and as a U.S. judge.
Thomas Heyward Jr. — Heyward was born in St. Luke’s Parish, S.C., and was educated at home. He then traveled to England to study law and became a member of the Middle Temple. Heyward was elected to the Continental Congress in 1775. In addition to signing the Declaration of Independence, he also signed the Articles of Confederation.
Thomas Lynch Jr. — Lynch was born in Prince George Parish, S.C. Lynch’s parents sent him to London, where he studied at Eton College and at Gonville & Caius College, Cambridge. Lynch then studied law and political philosophy at Middle Temple, then returned to South Carolina in 1772, but did not practice law.
Lynch was selected as a delegate to the Continental Congress in 1775 and signed the Declaration of Independence. Lynch Sr., while a member of the Continental Congress, was too sick to sign the Declaration. They were the only father-son to serve in the Continental Congress.
Thomas McKean — McKean was born in New London Township, Pa. At the age of 16, he began to study law under his cousin, David Finney. McKean was a strong proponent of independence from Great Britain and signed the Declaration, although he may have signed it as late at 1781. McKean later served as president of Delaware, chief justice of Pennsylvania and was the second governor of Pennsylvania.
Arthur Middleton — Middleton was born in Charleston, S.C., but was educated in Britain and studied law at the Middle Temple. In 1764, Middleton settled at Middleton Place, near Charleston. Middleton was elected to the Continental Congress to replace his father. Middleton also co-designed the Great Seal of South Carolina.
Edward Rutledge — Rutledge was born in Charleston and studied law in London at Middle Temple. Rutledge served as a delegate to the Continental Congress and later became a member of South Carolina House and then Senate, eventually serving as governor of South Carolina.
Signatories to the U.S. Constitution
The following seven Middle Templars signed the United States Constitution:
• John Blair Jr.
• John Dickinson
• Charles Jared Ingersoll
• William Livingstone
• Charles Pinckney
• Charles Cotesworth Pinckney
• John Rutledge
John Blair — Born in Williamsburg, Va., Blair graduated from the College of William and Mary, then studied law at Middle Temple. Blair served as a delegate to the Constitutional Convention. On Sept. 24, 1789, President George Washington nominated Blair to be an associate justice of the U.S. Supreme Court, where he would serve until Oct. 25, 1795.
John Dickinson — Born in Talbot County, Md., Dickinson was home schooled and then began his legal studies in Philadelphia and completed them at the Middle Temple. Dickinson then returned to Pennsylvania where he practiced law. Dickinson refused to sign the Declaration, because he sought reconciliation with Britain at that time.
Dickinson earned the nickname “Penman of the Revolution” for his 12 “Letters from a Farmer in Pennsylvania.” He also drafted two attempts at negotiation with King George III and attended the Constitutional Convention as a delegate from Delaware. Dickinson served as the fifth president of Pennsylvania and fifth president of Delaware.
Jared Ingersoll — Born in New Haven, Conn., he graduated from Yale College in 1766 and then began his legal studies in Philadelphia. His father, a Loyalist, became stamp master for the colony of Connecticut. On his father’s advice, Ingersoll traveled to London to continue his law studies at Middle Temple. Ingersoll committed to independence, renouncing his father’s views and returned to the United States soon after the Colonies declared independence. Ingersoll favored revising the Articles of Confederation at the Constitutional Convention, but eventually agreed to the Constitution.
William Livingston — Born in Albany, N.Y., Livingston studied law in New York City after graduating from Yale College. Livingston served as the first governor of New Jersey from 1776 to 1790 and led the New Jersey delegation to the Constitutional Convention.
Charles Pinckney — Pinckney was born in Charleston, S.C., and, with his first cousin once removed, Charles Cotesworth Pinckney, served as a delegate to the Constitutional Convention. Pinckney was the 37th governor of South Carolina, serving three nonconsecutive terms. His father was a rich lawyer and planter, and Pinckney began practicing law at the age of 21. Pinckney’s claimed he was the most influential member of the Constitutional Convention, but that boast has been disputed.
Charles Cotesworth Pinckney — Pinckney also was born in Charleston, but at the age of 7, his father moved the family to London, where Charles remained with his brother after his family returned to Charleston. Pinckney studied law at Middle Temple and then returned to Charleston to practice law. His first wife was the sister of Middleton, signatory to the Declaration. Pinckney was a strong advocate for a stronger national government based on his experience serving in the Revolutionary War.
John Rutledge — Also born in Charleston, Rutledge was first taught by his father and then by an Anglican priest after his father’s death. At 17, Rutledge began to read law, then sailed to London, where he studied at Middle Temple. Rutledge returned to Charleston, where he entered private practice. Rutledge served as governor of South Carolina and was a delegate to the Constitutional Convention, where he was active and served on five committees.
Rutledge was one of Washington’s initial nominees to the Supreme Court, where he served as an associate justice until he resigned to become chief justice of the South Carolina Court of Common Pleas and Sessions. Washington later made a recess appointment of Rutledge as chief justice of the United States, which the Senate rejected when it reconvened. Rutledge was devastated by the Senate’s rejection and attempted suicide.
Conclusion
Of the 56 delegates who signed the Declaration of Independence, six were members of either the Inner or Middle Temples. Likewise, seven of the 39 members of the Constitutional Convention who signed the Constitution were members of the Middle Temple.
Notably, seven of those 13 were born in South Carolina. These barristers from the Middle and Inner Temples are Founding Fathers and had a hand in shaping the nation. It is something that perhaps is not widely known in the United States, but celebrated in London at the Middle Temple, Inner Temple and the Temple Church.