Updated 8/21/21

David Brearley headed one of the most important Committees in the Constitutional Convention, hashing out difficult issues which were repeatedly tabled by the Committee of the Whole.

David Brearley

David Brearley adopted the Revolutionary Cause early in the tensions with Great Britain. He served in the New Jersey militia, moving through the ranks until he achieved the post of Captain and continuing with this unit when it was absorbed into the Continental Army.

Brearley resigned his military position when he was appointed Chief Justice of the New Jersey Supreme Court.

David was the presiding Judge for the case of Holmes v. Walton which ruled that part of a law passed by the legislature (regarding trial by jury) was unconstitutional.

This is an important case in the development of the idea of judicial review in the United States. Although it was not exactly the same as today, it did demonstrate that the judicial branch should have a say in the constitutionality of State laws.

Brearley Committee

In 1787, David Brearley was sent to the Constitutional Convention.

A quiet delegate who did more listening than speaking, he was nevertheless an important and respected member.

Brearley’s most notable contribution was as Chairman of the Committee on Postponed Parts. Also known as the Brearly Committee (and the Third Committee of Eleven), this group was tasked with reviewing the many, many issues that had been tabled for a later date.

The Brearley Committee settle several debates over how the United States Government should be organized. They decided to move a handful powers usually held by an Executive Branch over to the Legislature.

Among these issues were:

The power to declare war
The ability to choose ambassadors
The power to raise and support armies

Some additional important decisions made by the Brearley Committee were:

The method of electing the President (electoral college)
The office of Vice-President and its responsibilities
Copyright and patent regulation
Shortened the Presidency from seven years to four

It is interesting to note, the issues facing the Brearly Committee were postponed through the summer because they were so hotly contested. This Committee was appointed on August 31. The Final Draft of the Constitution was submitted on September 12.

Brearley led his team to resolve some of the most difficult decisions of the Constitutional Convention in under two weeks.

Want to learn about other Delegates to the Constitutional Convention?

Great, check these out:

William Blount’s Unconventional Constitutional Convention

Thomas Fitzsimons - A Catholic at the Constitutional Convention

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