Calvin Pease
Encyclopedia
Calvin Pease was a lawyer and legislator in the U.S. State
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...

 of Ohio
Ohio
Ohio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus...

 who was in the Ohio Senate
Ohio Senate
The Ohio State Senate is the upper house of the Ohio General Assembly, the legislative body for the U.S. state of Ohio. There are 33 State Senators. The state legislature meets in the state capital, Columbus. The President of the Senate presides over the body when in session, and is currently Tom...

, in the Ohio House of Representatives
Ohio House of Representatives
The Ohio House of Representatives is the lower house of the Ohio General Assembly, the state legislature of the U.S. state of Ohio; the other house of the bicameral legislature being the Ohio Senate....

, and an Ohio Supreme Court Judge 1816-1830.

Early life

Calvin Pease was born in Suffield, Connecticut
Suffield, Connecticut
Suffield is a town in Hartford County, Connecticut, United States. It had once been within the boundaries of Massachusetts. The town is located in the Connecticut River Valley with the town of Enfield neighboring to the east. In 1900, 3,521 people lived in Suffield; and in 1910, 3,841. As of the...

, and admitted to the bar
Admission to the bar in the United States
In the United States, admission to the bar is the granting of permission by a particular court system to a lawyer to practice law in that system. Each U.S. state and similar jurisdiction has its own court system and sets its own rules for bar admission , which can lead to different admission...

 in Connecticut
Connecticut
Connecticut is a state in the New England region of the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and the state of New York to the west and the south .Connecticut is named for the Connecticut River, the major U.S. river that approximately...

 in 1798. He came to the Northwest Territory
Northwest Territory
The Territory Northwest of the River Ohio, more commonly known as the Northwest Territory, was an organized incorporated territory of the United States that existed from July 13, 1787, until March 1, 1803, when the southeastern portion of the territory was admitted to the Union as the state of Ohio...

 in 1800. He was appointed first clerk of the court of quarter sessions in August in Warren
Warren, Ohio
As of the census of 2000, there were 46,832 people, 19,288 households and 12,035 families residing in the city. The population density was 2,912.4 people per square mile . There were 21,279 housing units at an average density of 1,322.9 per square mile...

, and admitted to the bar in October. After Statehood for Ohio, he was elected president-judge of the Court of Common Pleas of the Third Circuit.

Impeachment

While Pease was Judge of the Third Circuit, the Legislature passed a law that "justices of the peace should have jurisdiction in civil cases to the amount of $50, without the right of trial by jury." Pease held that this was in conflict with the United States Constitution, which stated "in suits of common law when the value shall exceed $20, the right of trial by jury shall be preserved," and the State Constitution, which stated "the right of trial by jury shall be inviolate." This decision established judicial review of legislative decisions. Supreme Court Judges George Tod
George Tod (judge)
George Tod was a politician in the U.S. State of Ohio in the Ohio State Senate, and an Ohio Supreme Court Judge 1806-1810, and a soldier who fought in the War of 1812.-Early life:...

 and Samuel H. Huntington
Samuel H. Huntington
Samuel H. Huntington was an American jurist who was the third Governor of Ohio from 1808 to 1810.He was the nephew and adopted son of Samuel Huntington, the fourth President of the Continental Congress and First President of the United States in Congress Assembled under the Articles of...

 upheld Pease's decision, and all three were impeached by the legislature. Huntington's case was dropped when he resigned to become Governor, and Pease and Tod were acquitted by a single vote. One author says "From that day, the right of the Supreme Court to pass on the constitutionality of laws has seldom even been questioned." Another says "The Ohio legislature, however, would continue to try to establish itself as the dominant force in state government at the expense of the judicial branch."

State office

In 1812-1813, Pease was elected to the Ohio Senate representing Trumbull County
Trumbull County, Ohio
As of the census of 2000, there were 225,116 people, 89,020 households, and 61,690 families residing in the county. The population density was 365 people per square mile . There were 95,117 housing units at an average density of 154 per square mile...

in the 11th General Assembly. In 1816, the Legislature elected him to the Ohio Supreme Court, a position he held until 1830. In 1831 and 1832, he represented Trumbull County in the Ohio House of Representatives for the 30th General Assembly.

Calvin Pease died September 17, 1839 in Warren.
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