David Brearley (often misspelled as ''Brearly'') (June 11, 1745 – August 16, 1790) was an American

Founding Father The following list of national founding figures is a record, by country, of people who were credited with establishing a state. National founders are typically those who played an influential role in setting up the systems of governance, (i.e. ...

, Chief Justice of the

Supreme Court of New Jersey The Supreme Court of New Jersey is the highest court in the U.S. state of New Jersey. In its current form, the Supreme Court of New Jersey is the final judicial authority on all cases in the state court system, including cases challenging th ...

, a delegate from

New Jersey New Jersey is a state in the Mid-Atlantic and Northeastern regions of the United States. It is bordered on the north and east by the state of New York; on the east, southeast, and south by the Atlantic Ocean; on the west by the Delaware ...

to the Constitutional Convention of 1787, which drafted the United States Constitution, a signer of the United States Constitution, and a

United States district judge The United States district courts are the trial courts of the U.S. federal judiciary. There is one district court for each federal judicial district, which each cover one U.S. state or, in some cases, a portion of a state. Each district cou ...

of the United States District Court for the District of New Jersey.

Education and career

Born on June 11, 1745, to Mary and David Brearely Sr. (1703–1785) in Lawrence Township, New Jersey,

Province of New Jersey The Province of New Jersey was one of the Middle Colonies of Colonial America and became the U.S. state of New Jersey in 1783. The province had originally been settled by Europeans as part of New Netherland but came under English rule after t ...

, British America, Brearley attended the College of New Jersey (now

Princeton University Princeton University is a private research university in Princeton, New Jersey. Founded in 1746 in Elizabeth as the College of New Jersey, Princeton is the fourth-oldest institution of higher education in the United States and one of the ...

) and read law. He was in private practice in

Allentown, New Jersey Allentown is a borough, located in western Monmouth County, in the U.S. state of New Jersey, bordering nearby Mercer County. As of the 2010 United States census, the borough's population was 1,828,''Dictionary of American Biography'' Vol. 2 p. 1 until 1776.

Opposition to British colonial rule and military service

Prior to the start of the American Revolution, Brearley was on one occasion arrested for his opposition to the rule of the British Parliament but was freed by a mob. With the outbreak of the Revolutionary War, Brearley was at first a captain in the Monmouth County

militia A militia () is generally an army or some other fighting organization of non-professional soldiers, citizens of a country, or subjects of a state, who may perform military service during a time of need, as opposed to a professional force of r ...

after having spent many years speaking out against the Parliamentary absolutism. He eventually rose to the rank of colonel in Nathaniel Heard's New Jersey militia brigade. From 1776 to 1779 he served in the New Jersey Line of the Continental Army, seeing action at

Brandywine Brandywine may refer to: Food and drink *Brandy, a spirit produced by distilling wine *Brandywine tomato, a variety of heirloom tomato Geographic locations Canada * Brandywine Falls Provincial Park, British Columbia * Brandywine Mountain, British ...

, Germantown, and Monmouth.

Chief Justice of the Supreme Court of New Jersey

Brearly was chief justice of the Supreme Court of New Jersey from 1779 to 1789. He decided on the famous '' Holmes v. Walton'' case where he ruled that the judiciary had the authority to declare whether laws were unconstitutional.

Constitutional Convention

While at the Constitutional Convention in 1787, Brearley was Chairman of the Committee on Postponed Parts, which played a substantial role in shaping the final document. The committee addressed questions related to the taxes, war-making, patents and copyrights, relations with Native American tribes, and Franklin's compromise to require money bills to originate in the

House of Representatives House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...

. The biggest issue they addressed was the presidency, and the final compromise was written by

James Madison James Madison Jr. (March 16, 1751June 28, 1836) was an American statesman, diplomat, and Founding Father. He served as the fourth president of the United States from 1809 to 1817. Madison is hailed as the "Father of the Constitution" for h ...

with the committee's input. They adopted the earlier plan for choosing the president by the Electoral College and settled on the method of choosing the president if no candidate had an Electoral College majority, which many such as Madison thought would be "nineteen times out of twenty". The committee also shortened the president's term from seven years to four years, freed him to seek re-election, and moved impeachment trials from the courts to the Senate. They also created the vice president, whose only role was to succeed the president and preside over the Senate. This also transferred important powers from the Senate to the president, who was given the power (which had been given to the senate by Rutledge's committee) to make treaties and appoint ambassadors. He ultimately signed the finished Constitution.

Federal judicial service

Brearley was nominated by President

George Washington George Washington (February 22, 1732, 1799) was an American military officer, statesman, and Founding Father who served as the first president of the United States from 1789 to 1797. Appointed by the Continental Congress as commander of ...

on September 25, 1789, to the United States District Court for the District of New Jersey, to a new seat authorized by . He was confirmed by the

United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and pow ...

on September 25, 1789, and received his commission on September 26, 1789. His service terminated on August 16, 1790, due to his death in Trenton.

Death

He is interred in the churchyard of Saint Michael's Episcopal Church in Trenton, and a

cenotaph A cenotaph is an empty tomb or a monument erected in honour of a person or group of people whose remains are elsewhere. It can also be the initial tomb for a person who has since been reinterred elsewhere. Although the vast majority of cenot ...

was placed there in 1924.

Legacy

At the close of the Revolutionary War, Brearly became one of the founding members of the Society of the Cincinnati in the State of New Jersey and served as the state society's vice president from 1783 until his death in 1790. In 1789, he was elected to the

American Philosophical Society The American Philosophical Society (APS), founded in 1743 in Philadelphia, is a scholarly organization that promotes knowledge in the sciences and humanities through research, professional meetings, publications, library resources, and communit ...

. David Brearley High School in Kenilworth, New Jersey was named in his honor. Brearley Street in

Madison, Wisconsin Madison is the county seat of Dane County and the capital city of the U.S. state of Wisconsin. As of the 2020 census the population was 269,840, making it the second-largest city in Wisconsin by population, after Milwaukee, and the 80th-lar ...

, is named in his honor. Brearley Crescent in Waldwick, New Jersey, is named in his honor. Brearley Lodge No.2 Masonic Lodge in Bridgeton, New Jersey, is named in his honor.

Education and career

Opposition to British colonial rule and military service

Chief Justice of the Supreme Court of New Jersey

Constitutional Convention

Federal judicial service

Death

Legacy

References

Sources

External links

Further reading