3004. Jonathan Bradley , shoemaker (Jonathan Bradley , Jonathan B. Bradley , William Bradley , Joseph Bradley , Daniell , Danyell ) was born 1, 2 on 27 Sep 1820 in Andover, Massachusetts, USA.
Jonathan married 1 Annette Webster Baker daughter of Jonathan Prescott Baker and Clementine R. Gordon on 1 Dec 1858 in Dover, New Hampshire, USA. Annette was born on 16 Feb 1841 in Holderness, New Hampshire, USA. She died 2 on 14 Nov 1920 in Dover, New Hampshire, USA, after a hip fracture.
They had the following children:
4542 F i Clementine Baker Bradley was born 1 on 10 Apr 1861 in Dover, New Hampshire, USA. She died 2 on 28 Feb 1932 in Dover, New Hampshire, USA. She was buried on 1 Mar 1932 in Pine Hil cemetery, Dover, New Hampshire, USA. 4543 M ii Jessie Gordon Bradley was born 1, 2 on 2 Jul 1863 in Dover, New Hampshire, USA. He died 3 on 10 Oct 1865. 4544 M iii Warren Bradley was born 1 on 16 Aug 1865. He died 2 on 19 Mar 1872. 4545 M iv Fred (Freddie) Moulton Bradley was born 1, 2 on 9 Oct 1866 in Dover, New Hampshire, USA. 4546 F v Fanny (Fannie) Webster Bradley was born 1, 2 on 9 Oct 1866 in Dover, New Hampshire, USA. She died 3 in Jul 1869.
3009. Charles Smith Bradley (Charles Bradley , Jonathan B. Bradley , William Bradley , Joseph Bradley , Daniell , Danyell ) was born 1, 2 on 18 Jul 1819 in Newburyport, Massachusetts, USA. He died 3 on 29 Apr 1888 in New York, New York, USA.
Charles married 1 (1) Sarah Manton daughter of Joseph Manton and Mary Whipple on 28 Apr 1842 in Providence, Rhode Island, USA. Sarah was born 2 on 10 Mar 1818 in Providence, Rhode Island, USA. She died 3 on 12 Dec 1854 in North Providence, Rhode Island, USA.
They had the following children:
4547 M i Joseph Manton Bradley was born 1 on 12 Apr 1843 in Providence, Rhode Island, USA. He died 2 on 7 Mar 1879 in Providence, Rhode Island, USA. + 4548 M ii Charles Bradley + 4549 M iii George Lothrop Bradley 4550 F iv Mary Manton Bradley was born 1 on 22 Apr 1849 in North Providence, Rhode Island, USA. She died 2 on 2 Oct 1850 in North Providence, Rhode Island, USA. 4551 F v Susan Bradley was born 1 on 26 Jan 1852 in North Providence, Rhode Island, USA. She died 2 on 25 Aug 1854 in North Providence, Rhode Island, USA.
Charles married 1 (2) Charlotte Augusta Saunders daughter of James M. Saunders and Charlotte Augusta on 4 Aug 1858. Charlotte was born 2 on 4 Aug 1828 in Charlottesville, Virginia, USA. She died 3 on 5 May 1864 in Providence, Rhode Island, USA.
They had the following children:
4552 M vi James Saunders Bradley was born 1 on 2 Jun 1859 in North Providence, Rhode Island, USA. He died 2 on 19 Jan 1880 in North Providence, Rhode Island, USA. 4553 F vii Janet Laurie Bradley was born 1 in May 1861 in North Providence, Rhode Island, USA. She died 2 on 9 May 1864 in North Providence, Rhode Island, USA.
Charles married 1 (3) Emma Pendleton Ward daughter of Henry Pendleton Ward and Elizabeth Riley in May 1866 in Philadelphia, Pennsylvania, USA. Emma was born 2 on 5 Nov 1828 in Winchester, Virginia, USA. She died 3 on 28 Feb 1875 in North Providence, Rhode Island, USA.
3010. Sarah Ann Bradley (Charles Bradley , Jonathan B. Bradley , William Bradley , Joseph Bradley , Daniell , Danyell ) was born 1 on 3 Apr 1821 in Portland, Maine, USA. She died 2 on 12 Aug 1904 in Boston, Massachusetts, USA.
Sarah married 1, 2 Nathaniell Saltonstall Howe son of Isaac Redington Howe and Sarah Saltonstall on 26 May 1846 in Jamaica Plain, Boston, Massachsuetts, USA. Nathaniell was born 3 on 24 Apr 1817 in Haverhill, Massachsuetts, USA. He died 4 on 20 Feb 1885 in Washington, DC, USA.
They had the following children:
+ 4554 F i Susan Bradley Howe + 4555 M ii Henry Saltonstall Howe
3013. Emily Cummings Bradley (Charles Bradley , Jonathan B. Bradley , William Bradley , Joseph Bradley , Daniell , Danyell ) was born 1 on 10 Sep 1830 in Fort Hill, Boston, Massachusetts, USA. She died 2 on 28 Mar 1902 in Jamaica Plain, Boston, Massachusetts, USA.
Emily married 1 Henry Hunter Peters son of Edward Dyer Peters and Lucretia McClure on 6 Jul 1854 in Lewiston, Maine, USA. Henry was born 2 on 23 May 1825 in Boston, Massachusetts, USA. He died 3 on 6 Apr 1877 in Boston, Massachusetts, USA.
They had the following children:
4556 F i Eleanor Bradley Peters. 4557 M ii Henry Hunter Peters. 4558 M iii Charles Bradley Peters. 4559 M iv Frederic Watson Peters. 4560 M v McClure Peters.
3032. Prof. James Bradley Thayer , attorney at law (Susanna Bradley , Jonathan B. Bradley , William Bradley , Joseph Bradley , Daniell , Danyell ) was born 1, 2 on 15 Jan 1831 in Haverhill, Massachusetts, USA. He died 3 on 14 Feb 1902 in Cambridge, Massachusetts, USA. He resided 5 in Milton, Massachusetts, USA.
"JAMES BRADLEY THAYER was the junior partner of Peleg Whitman Chandler and George Otis Shattuck in the firm that gave employment to Oliver Wendell Holmes, Jr., when Holmes came to the Massachusetts bar. In his talents and interests Thayer was a person much more like Holmes than like his senior associates. Ten years older than Holmes, he had come to the bar from the Harvard Law School in 1856. Although he had prompt success as a practitioner he had many interests outside the law and revealed such literary talents in miscellaneous critical writings that President Eliot in 1872 offered him a professorship in English at Harvard College. Through his wife's relationship with the Emerson family, Thayer had become a close friend of Ralph Waldo Emerson and in 1884 published a charming portrait of Emerson in the form of a journal of a Western trip which he made with Emerson in 1871. His lifelong relationship with Chauncey Wright, "a recognized master" in that philosophical circle which included Holmes, William James, and Charles S. Peirce, was revealed in Thayer's edition of the Letters of Chauncey Wright. Thayer's name survives, however, not for his distinction at the Boston bar, nor for his work outside the law, but for his great achievements as teacher and scholar after he became Royall Professor of Law at the Harvard Law School in 1874. His qualities as a scholar were shown in their manifold aspects in his Preliminary Treatise on Evidence at the Common Law. It was characteristic of Thayer's erudition that the treatise was a work of imaginative scholarship which extended knowledge of English legal history to depths that others had not probed. It was characteristic of his modesty that he considered the treatise to be merely "preliminary," and a reflection of his painstaking accuracy that the work was not published until 1898.
Thayer's name survives in scholarship not only for his important contributions to the law of evidence but for the influence which he had on American constitutional theory. This influence was effected through his teaching at the Harvard Law School, through his extraordinary collection of Cases on Constitutional Law, and, more specifically, through his essays on constitutional history and constitutional law. Of these papers none was more important than "The Origin and Scope of the American Doctrine of Constitutional Law" which he delivered and published in 1893. He was there concerned with the power of American courts to condemn legislation for its unconstitutionality. Thayer's perceptive use of history supported his thesis that the judges on state and federal courts had exercised the power with an almost reckless enthusiasm. He did not argue that the power had been unlawfully assumed but only that it had been unduly extended by the failure of the judges to pay sufficient respect to the judgment of the legislature. When Thayer's paper was published, Holmes had already, on the Massachusetts bench, committed himself to the same views. Writing to Thayer in acknowledgment of the receipt of a copy of Thayer's paper, Holmes said, "I agree with it heartily and it makes explicit the point of view from which implicitly I have approached the constitutional questions upon which I have differed from some of the other judges." The time was soon to come and was long to continue when Holmes would insist with Thayer, and in the most explicit terms, that American judges were abusing their powers at the expense of the nation. Foreshadowing the conviction of judge Learned Hand that when liberty dies in the hearts of men "no court can save it," Thayer, with Holmes's full concurrence, asserted that "under no system can the power of courts go far to save a people from ruin."
The view of Thayer and Holmes surely was not that of most lawyers at the close of the nineteenth century. It is probably not that of most lawyers today. But it is the view that has been held by many, if not most, of the distinguished jurists of the twentieth century. And, if Felix Frankfurter was right, in his seminal paper on Marshall, it is a view not alien to those of the subject of this biography. I am delighted that this admirable little biography is to be brought back into print. I am honored and delighted that, wearing my robes as Holmes's biographer, I can appear in the guise of this new edition's godfather.""This introduction derives largely from Professor Howe's first volume of his Holmes biography, justice Oliver Wendell Holmes: The Shaping Years, 1841-70, published in 1957 by The Belknap Press of the Harvard University Press and copyrighted by the President and Fellows of Harvard College."
[Mark DeWolfe Howe, introduction, James Bradley Thayer et al., "On John Marshall," The University of Chicago, 1967]
1873-1902, Dean of the School of Law, Harvard University, Cambridge, Mass.
Fellow of the American Academy of Arts and Sciences.
Royall and Weld Professor of Law
Member Massachusetts Historical SocietyBibliography:
Thayer, James Bradley
A Preliminary Treatise on Evidence at the Common Law (London, 1898)
The Dawes Bill and the Indians The Atlantic Monthly, vol. 61, issue 365 (March 1888).
Trial by Jury of Things Supernatural . The Atlantic Monthly, vol. 65, issue 390 (April 1890).
John Marshall . The Atlantic Monthly, vol. 87, issue 521 (Mar 1901).
A People without Law . The Atlantic Monthly, vol. 68, issue 408 (October 1891).
A People without Law . The Atlantic Monthly, vol. 68, issue 409 (November 1891).As the nineteenth-century legal scholar James Bradley Thayer opined: "The law of evidence is the creature of experience rather than logic." William Twining, Rethinking Evidence: Exploratory Essays (Oxford, 1990), p. 86n.
From the April 1993 Northwestern Observer
Symposium celebrates 100th anniversary of classic essay
Northwestern University School of Law will host a symposium celebrating the 100th anniversary of the delivery and publication of a classic essay written by James Bradley Thayer, a member of the faculty at Harvard Law School from 1874 until his death in 1902.
It will take place April 8-10 at the Northwestern University School of Law, 357 E. Chicago Ave., Chicago.
As the Supreme Court enters an era in which its political philosophy is likely to diverge significantly from that of the legislative and executive branches, the symposium will re-examine Thayer's extraordinarily influential essay, "The Origin and Scope of the American Doctrine of Constitutional Law."
Leading constitutional scholars from across the nation will address such topics as the potential for legislative and judicial excesses; different approaches to constitutional interpretation; legislative attempts to constrain judicial decision making; and the complex relationship between political morality and the Constitution.
Thayer delivered his landmark speech in Chicago in August 1893 for the World's Congresses on Jurisprudence and Law Reform held in conjunction with the World's Columbian Exposition. It was published the following October in the Harvard Law Review. In the speech, Thayer proposed the "clear error rule" as a solution to reconciling judicial review with democracy.
The idea of the rule is that courts should enforce the constitution against the wishes of the majority when the document is clear but should defer to the interpretation adopted by politically responsible branches -- especially Congress -- when the meaning is subject to reasonable doubt. The clear error rule had a profound influence on court decision making during the late 19th and early 20th century.Harvard Law Library's Modern Manuscript Collection:
Thayer, Ezra Ripley, 1866-1915. Thayer, James Bradley, 1831-1902. Thayer, James Bradley, 1899-1976.The Association of American Law Schools was founded in 1900 at Saratoga Springs, New York, with Professor James Bradley Thayer of Harvard Law School as its first President.
Merrill, Samuel, "John Muir and Ralph Waldo Emerson in Yosemite" (1934) in Voices for the Earth: A Treasury of the Sierra Club Bulletin 1893-1977 Edited by Ann Gilliam (San Francisco: Sierra Club Books, 1979). A description of Muir as a somewhat shy and awkward young man in 1871, when he met Emerson in Yosemite, compiled from the writings of Emerson's friend and traveling companion, James Bradley Thayer, as well as Muir himself.
James married 1, 2 Sophia Bradford Ripley daughter of Rev. Samuel Ripley and Sarah Alden Bradford on 24 Apr 1861 in Concord, Massachusetts, USA. Sophia was born 3 on 13 Jul 1833 in Waltham, Massachusetts, USA. She died 4, 5 on 24 Jan 1914 in Cambridge, Massachusetts, USA, at 7:41 PM.
They had the following children:
4561 M i William Walter Thayer was born 1 on 12 Aug 1863. He died 2 on 18 Dec 1864. 4562 M ii Dr. William Sydney Thayer , MD was born 1, 2 on 23 Jun 1864 in Milton, Massachusetts, USA. He died 3 on 10 Dec 1932. He resided 4 in 1915 in 406 Cathedral St., Baltimore, Maryland, USA.
John Hopkins Cardiologist. Published numerous articles John Hopkins Medical Journal and other journals.William married 1, 2 Susan Chisholm Read daughter of Benjamin Huger Read on 3 Sep 1901. Susan was born in Charleston, South Carolina, USA. + 4563 M iii Prof. Ezra Ripley Thayer 4564 F iv Theodora Willard Thayer , miniature painter was born 1, 2 on 2 Jun 1868 in Milton, Massachusetts, USA. She died 3 on 5 Aug 1905 in New York, New York, USA, unmarried. 4565 F v Bertha M. Thayer was born 1 on 9 Oct 1871. + 4566 F vi Sarah Ripley Thayer
3054. Mehetable Bradley Kendrick (Sarah Wingate , Mehetable Bradley , William Bradley , Joseph Bradley , Daniell , Danyell ) was born 1 in 1798.
Mehetable married (1) Moses Ayer.
They had the following children:
+ 4567 F i Caroline Ayer + 4568 M ii Edwin F. Ayer
Mehetable married (2) Mason Whipple.
3061. Susan Wingate (Fredrick Wingate , Mehetable Bradley , William Bradley , Joseph Bradley , Daniell , Danyell ) was born 1 on 30 Dec 1811 in Augusta, Maine, USA.
Susan married Daniel Waldron. Daniel was born 1 on 3 Jul 1809 in Augusta, Maine, USA. He died 2 in Nov 1873.
They had the following children:
4569 F i Susan Wingate Waldron was born 1 on 9 Jun 1838. + 4570 M ii Rev. Daniel Wingate Waldron 4571 F iii Anna Sheafe Waldron was born 1 on 31 Mar 1848 in Augusta, Maine, USA. Anna married 1 E. Gould on 16 Apr 1884. E. Gould was born 2 in (of) Augusta, Maine, USA. + 4572 F iv Emma Alberta Waldron
3066. George Wingate (Francis Wingate , Mehetable Bradley , William Bradley , Joseph Bradley , Daniell , Danyell ) was born 1 on 8 Dec 1805. He died 2 on 29 Mar 1885 in Portsmouth, New Hampshire, USA.
George married Sarah Wise 1.
They had the following children:
4573 M i George Edwin Wingate 1. + 4574 M ii James Woodbury Wingate
3067. Eliza Ann Wingate (Francis Wingate , Mehetable Bradley , William Bradley , Joseph Bradley , Daniell , Danyell ) was born 1 on 16 Sep 1807.
Eliza married Ephraim R. Knox. Ephraim was born 1 in (of) Portsmouth, New Hampshire, USA.
They had the following children:
4575 M i Charles Henry Knox was born 1 on 9 Jun 1833 in Portsmouth, New Hampshire, USA. He died before 1842 in Portsmouth, New Hampshire, USA. 4576 M ii Unnamed Son Knox was born 1 on 17 Apr 1835 in Portsmouth, New Hampshire, USA. He died 2 on 17 Apr 1835 in Portsmouth, New Hampshire, USA. 4577 F iii Charlotte Ann Knox was born 1 on 22 Nov 1837 in Portsmouth, New Hampshire, USA. 4578 F iv Harriet Maria Knox was born 1 on 21 Mar 1839 in Portsmouth, New Hampshire, USA. 4579 M v Charles Henry Knox was born 1 on 17 Jan 1842 in Portsmouth, New Hampshire, USA. + 4580 M vi John Hill Knox 4581 F vii Mary Ellen Knox was born 1 on 7 Sep 1847 in Portsmouth, New Hampshire, USA.
3069. Mary Jane Wingate (Francis Wingate , Mehetable Bradley , William Bradley , Joseph Bradley , Daniell , Danyell ) was born 1 on 9 Mar 1812.
Mary married Silas Moody. Silas was born 1 in 1811 in (of) Dover, New Hampshire, USA. He died 2 on 22 Apr 1875.
They had the following children:
4582 M i Charles Moody was born 1 on 23 Jan 1838. 4583 M ii James Henry Moody was born 1 on 18 Apr 1840. James married 1 Flora Fleming on 26 Nov 1885. Flora was born 2 in (of) Manlius, New York, USA.
3071. Joseph Dolloff Wingate (Francis Wingate , Mehetable Bradley , William Bradley , Joseph Bradley , Daniell , Danyell ) was born 1 on 1 Feb 1816. He died 2 on 18 Oct 1846.
Joseph married Elizabeth Merrill. Elizabeth was born 1 in (of) Parsonsfield, Maine, USA. She was buried 2 on 5 Dec 1842.
They had the following children:
4584 F i Cora E. Wingate was born 1 on 18 Apr 1841. 4585 M ii Forrest Wingate was born 1 in Oct 1842. He died 2 on 15 Nov 1842.
3085. Caroline Wingate (Harrison Wingate , Mehetable Bradley , William Bradley , Joseph Bradley , Daniell , Danyell ) was born 1 on 17 Jun 1815.
Caroline married Joseph Moore. Joseph was born 1 in (of) Mobile, Alabama, USA.
They had the following children:
+ 4586 F i Caroline Moore 4587 F ii Hannah Moore was born 1 on 17 Jun 1855. She died 2 on 16 Sep 1878 in USA, unmarried.
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