David Brearley was born on June 11, 1745 in born at Spring Grove, the son of David and Mary (Clark) Brearly. He was was descended from a family of Yorkshire, England. His American ancestor, John B. Brearly, emigrated in 1680 and settled near Trenton, New Jersey.
David Brearley became a lawyer at Allentown, near Trenton. In the war he was appointed lieutenant colonel of the 4th New Jersey, November 28, 1776; and of the 16t New Jersey, January 1, 1777. He resigned August 4, 1779, but served after the war as colonel of militia. His career in civil affairs was more conspicuous.
He was a member of the New Jersey constitutional convention, and on June 10, 1779 he was elected chief justice of the supreme court of the state. He was a member of the "grand committee, " and he seems to have been regular in attendance at the convention, for he wrote to his colleagues Dayton and Paterson, urging their presence at the sessions.
In this position there came before him for decision a case of considerable importance. A certain Elisha Walton had received a favorable verdict, May 24, 1779, given by a jury of six men, in accordance with a law recently passed by the legislature of the state, the case being tried before a justice of the peace in Monmouth County. The chief justice issued a writ of certiorari, returnable at the next session, and the case--Holmes vs. Walton--was argued at Trenton before Chief Justice Brearly, November 11, 1779.
Judge Brearly's opinion was given, probably orally, September 7, 1780, in a significant statement regarding the law which had allowed a jury of six men. In the development of the right to overturn a legislative enactment by judicial decision, this opinion by Judge Brearly has been regarded as especially noteworthy.
It was approved by the legislature; and reference to it was made by Gouverneur Morris in an address to the Pennsylvania Assembly in 1785. Brearly was a delegate to the Federal Convention of 1787.
David Brearley died at the age of forty-five, prematurely ending his promising career in public service. He was buried there at St. Michael's Episcopal Church.
David Brearley was a presidential elector, and United States district judge from 1789 until his death. He stood high in Masonic circles and, was one of the leading members of the Masonic Order in New Jersey. He was also a vice-president of the New Jersey Society of the Cincinnati. Brearley was also appointed a delegate to the Episcopal General Convention of 1786, and was one of the compilers of the prayer-book. Brearly was also the one who presided over the state convention which ratified the Federal Constitution. Although he did not rank among the leaders, he attended the sessions regularly. A follower of Paterson, who introduced the New Jersey Plan, Brearly opposed proportional representation of the states and favored one vote for each of them in Congress. He also chaired the Committee on Postponed Matters.
David Brearley was Episcopalian, so for that reason he participated in the Episcopal General Convention of 1786.
At the opening of the Revolution David Brearley was so outspoken in his Whig sentiments that he was arrested for high treason, but was freed by a mob of citizens.
David Brearley opposed proportional representation, and joint ballot in the election of president. As an adherent of the rights of the small states he seconded the motion for one vote for each state.
Quotations: "He (Paterson) here discussed the idea of erasing state boundaries, a scheme which he and his colleague Brearley, seem actually to have had in serious contemplation".
David Brearley was a member of the New Jersey Society of the Cincinnati. He was also a member of the Masonic lodge.
Quotes from others about the person
Austin Scott stated:
"No doubt remains that Brearly met the question of constitutionality squarely and on September 7, 1780, announced the principle of judicial guardianship of the organic law against attempted or inadvertent encroachment by the ordinary law. "
The same commentator remarks: "From the 7th or September, 1780, this function of the judiciary, this principle of judicial power over unconstitutional legislation, has held sway in New Jersey. "
He was described by Pierce: "As an Orator he has little to boast of, but as a Man he has every virtue to recommend him. "
About 1767 David Brearley married Elizabeth Mullen of Trenton, and on April 17, 1783, he married Elizabeth Higbee.
1775–1819
1751–1832
1784–1805
unknown–1820
3rd Governor of New Jersey David Brearley was closely associated with Paterson. A further evidence of their connection is the fact that in Paterson's notes of the convention, two of the documents are in Brearly's handwriting.
