1776 - Arguments for Independence

Last night I saw the play, 1776, at the Paper Mill Playhouse in Millburn, NJ. It was terrific. Why am I writing about this in a trial attorney's blog? Because the performance impressively encapsulated various arguments for and against the Declaration of Independence, together with certain language which was ultimately excised from the text (no pun intended).

John Adams, the self-proclaimed "A-Gi-Ta-Tor," expressed the historical imperative for declaring independence. Thomas Jefferson, who drafted the Declaration of Independence, included lofty language meant to call into question -- and presumably to seek abolition -- of slavery.

Perhaps the most interesting arguments, however, came from those members of the Continental Congress who doubted the viability of revolution or the wisdom of breaking from their homeland. As a separate matter, Rutledge of South Carolina pointed out the essential hyposcrisy of Jefferson's personal position and those of purportedly abolitionist northerners. And he had a great voice, singing a tremendous "Molasses to Rum," describing the Triangle Trade.

What trial lawyers can take from this advocacy is that the "correct" position does not always convince people or carry the day. Hopefully our juries will reach the correct decision, though perhaps not for the right reasons. Yet we must always be mindful of provincial concerns and prejudices -- including self-interest -- which may impact a particular decisionmaker's reasoning.

Trial lawyer or not: go see this performance.