Peter Hitchcock
Encyclopedia
Peter Hitchcock was an attorney, teacher
, farmer
, soldier
, legislator
, and jurist
. His judicial career included 28 years service on the Ohio Supreme Court, 21 years of them as Chief Justice
. (Some sources erroneously give his date of death as March 4, 1854.)
, the youngest son of Valentine Hitchcock (1741-1809) and Sarah Hotchkiss (1743-1802). His father was a tailor
and landowner. Peter taught in a district school during the winter and worked on a farm in the summer to earn the money for his education. He entered college in the sophomore year, pursuing classical studies and was graduated from Yale College
in 1801. He studied law with Barzillai Slosson (Yale 1791), of Kent, Connecticut
, and was admitted to the bar in 1804 and commenced practice in Cheshire. On December 12, 1805 in Cheshire, he married Nabbe Cook (1784-1867) (sometimes written Nabby Cook).
In 1806, they moved to Burton, Ohio
, becoming one of the first families to settle in that township of Geauga County, Ohio
in the Western Reserve. They had ten children, five sons and five daughters, all born in Ohio
. One son and one daughter died in infancy. Two of the sons also were graduated from Yale. Hitchcock spent the early years improving his farm, establishing his law practice and teaching. Peter Hitchcock was the first teacher at Burton Academy, which eventually became a part of Case Western Reserve University
.
al, the more common style of the day. He was always accorded the most profound attention when arguing a case, whether to a jury
, a Justice of the Peace
or before the judges of the highest courts.
Peter Hitchcock was elected a member of the Ohio House of Representatives
in 1810 and elected a member of the Ohio Senate
in 1812 serving until 1815. He served as speaker (President) of the Senate in 1815. Hitchcock was nominated for United States Senator in the legislative balloting to replace Thomas Worthington in 1814 and then the full term to replace Joseph Kerr
in 1815, failing both times to attract sufficient votes.
Peter Hitchcock was commissioned lieutenant colonel
of the Fourth Regiment, Ohio State Militia
, in 1814 and then commissioned major general
, Fourth Division, Ohio State Militia, in 1816.
Peter Hitchcock was elected as a Democratic-Republican
from Ohio's 6th congressional district
to the Fifteenth United States Congress. He was not a candidate for renomination in 1818.
s of the Supreme Court traveled over the State in circuit, panels simultaneously holding sessions in different counties of the state. After 1831, it became the practice for the Supreme Court of Ohio to sit en banc
at the capital. Judge Peter Hitchcock generally traveled the circuit on horseback or his own Yankee wagon. He would reach a county seat
by noon or later, and immediately went to the Clerk's office. All the chancery
cases and demurrer
s, or other papers for the Court, would be in his room and usually settled by the time Court opened the next morning.
His method of preparing to hear a case was to determine the primary question in the case, review the law books, but develop his own line of reasoning. In court, he did not refuse to hear argument, but unless it was quite an important case, or he indicated a desire to hear argument, the members of the Bar were apt to submit directly to his examinations. It was rare that the court’s business was not completed in a day.
Partisan
maneuvering kept Judge Hitchcock off the court in 1833. Instead he ran and was elected to another term in the Ohio Senate, again serving as speaker. Hitchcock was reappointed to another seven-year term on the court in 1835. In 1842, partisanship again took him off the court until 1845 when he was appointed to another seven-year term. He voluntarily retired in 1852 at the end of his fourth term. Of the twenty-eight years he served on the Supreme Court of Ohio, the last twenty-one of them were as Chief Justice.
Hitchock was a Presidential elector in 1844 for Clay
/Frelinghuysen
.
The honorary degree of Doctor of Laws was conferred on him by Marietta College
in 1845 and by Western Reserve College
in 1849.
delegate
to the Ohio constitutional convention in 1850 called to revise the 1802 constitution. In this capacity he contributed to reorganization of the judicial tribunals of the state, and still continued to discharge his duties on the bench. He was called the "Father of the constitution of 1851."
One of the debates was over granting the power of the veto
to the governor. As a good Whig, Judge Peter Hitchcock opposed it:
The convention did not give the governor the veto in the new constitution.
, the first Ohio governor from the Western Reserve. Peter Hitchcock died in Painesville, Ohio
, while stopped at the home of his eldest son on his way home from Columbus, Ohio
to Burton. He was interred in Welton Cemetery, Burton, Ohio.
Teacher
A teacher or schoolteacher is a person who provides education for pupils and students . The role of teacher is often formal and ongoing, carried out at a school or other place of formal education. In many countries, a person who wishes to become a teacher must first obtain specified professional...
, farmer
Farmer
A farmer is a person engaged in agriculture, who raises living organisms for food or raw materials, generally including livestock husbandry and growing crops, such as produce and grain...
, soldier
Soldier
A soldier is a member of the land component of national armed forces; whereas a soldier hired for service in a foreign army would be termed a mercenary...
, legislator
Legislator
A legislator is a person who writes and passes laws, especially someone who is a member of a legislature. Legislators are usually politicians and are often elected by the people...
, and jurist
Jurist
A jurist or jurisconsult is a professional who studies, develops, applies, or otherwise deals with the law. The term is widely used in American English, but in the United Kingdom and many Commonwealth countries it has only historical and specialist usage...
. His judicial career included 28 years service on the Ohio Supreme Court, 21 years of them as Chief Justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
. (Some sources erroneously give his date of death as March 4, 1854.)
Early life, education and family
Peter Hitchcock was born in Cheshire, ConnecticutCheshire, Connecticut
Cheshire is a town in New Haven County, Connecticut, United States. The population was 28,543 at the 2000 census. The center of population of Connecticut is located in Cheshire. In 2009 Cheshire was ranked 72 in Money Magazine's 100 Best Places to Live.Likewise, in 2011 Cheshire was ranked 73 in...
, the youngest son of Valentine Hitchcock (1741-1809) and Sarah Hotchkiss (1743-1802). His father was a tailor
Tailor
A tailor is a person who makes, repairs, or alters clothing professionally, especially suits and men's clothing.Although the term dates to the thirteenth century, tailor took on its modern sense in the late eighteenth century, and now refers to makers of men's and women's suits, coats, trousers,...
and landowner. Peter taught in a district school during the winter and worked on a farm in the summer to earn the money for his education. He entered college in the sophomore year, pursuing classical studies and was graduated from Yale College
Yale University
Yale University is a private, Ivy League university located in New Haven, Connecticut, United States. Founded in 1701 in the Colony of Connecticut, the university is the third-oldest institution of higher education in the United States...
in 1801. He studied law with Barzillai Slosson (Yale 1791), of Kent, Connecticut
Kent, Connecticut
Kent is a town in Litchfield County, Connecticut, alongside the border with New York. The population was 2,858 at the 2000 census. The town is home to three New England boarding schools: South Kent School, Kent School and The Marvelwood School. The Schaghticoke Indian Reservation is also located...
, and was admitted to the bar in 1804 and commenced practice in Cheshire. On December 12, 1805 in Cheshire, he married Nabbe Cook (1784-1867) (sometimes written Nabby Cook).
In 1806, they moved to Burton, Ohio
Burton, Ohio
Burton is a village in Geauga County, Ohio, United States. The population was 1,450 at the 2000 census.-History:Burton was founded in 1798 and is Geauga County's oldest settlement...
, becoming one of the first families to settle in that township of Geauga County, Ohio
Geauga County, Ohio
Geauga County is a county located in the state of Ohio, United States. As of the 2010 census, the population was 93,389. It is named for a Native American word meaning "raccoon". The county seat is Chardon...
in the Western Reserve. They had ten children, five sons and five daughters, all born in 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...
. One son and one daughter died in infancy. Two of the sons also were graduated from Yale. Hitchcock spent the early years improving his farm, establishing his law practice and teaching. Peter Hitchcock was the first teacher at Burton Academy, which eventually became a part of Case Western Reserve University
Case Western Reserve University
Case Western Reserve University is a private research university located in Cleveland, Ohio, USA...
.
Practice of Law and early public career
After a few years, the population of the county increased sufficiently to provide him an extensive practice. As an advocate, his style of speech was described as colloquial and logical rather than rhetoricRhetoric
Rhetoric is the art of discourse, an art that aims to improve the facility of speakers or writers who attempt to inform, persuade, or motivate particular audiences in specific situations. As a subject of formal study and a productive civic practice, rhetoric has played a central role in the Western...
al, the more common style of the day. He was always accorded the most profound attention when arguing a case, whether to a jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
, a Justice of the Peace
Justice of the Peace
A justice of the peace is a puisne judicial officer elected or appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice or merely deal with local administrative applications in common law jurisdictions...
or before the judges of the highest courts.
Peter Hitchcock was elected a member of 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....
in 1810 and elected a member of 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 1812 serving until 1815. He served as speaker (President) of the Senate in 1815. Hitchcock was nominated for United States Senator in the legislative balloting to replace Thomas Worthington in 1814 and then the full term to replace Joseph Kerr
Joseph Kerr
Joseph Kerr was a Democratic-Republican politician from Ohio. He served in the United States Senate.Born in Kerrtown, Pennsylvania , Kerr moved to Ohio in 1792. He served in a number of positions as clerk, judge and justice of the peace in the Northwest Territory...
in 1815, failing both times to attract sufficient votes.
Peter Hitchcock was commissioned lieutenant colonel
Lieutenant colonel
Lieutenant colonel is a rank of commissioned officer in the armies and most marine forces and some air forces of the world, typically ranking above a major and below a colonel. The rank of lieutenant colonel is often shortened to simply "colonel" in conversation and in unofficial correspondence...
of the Fourth Regiment, Ohio State Militia
Militia
The term militia is commonly used today to refer to a military force composed of ordinary citizens to provide defense, emergency law enforcement, or paramilitary service, in times of emergency without being paid a regular salary or committed to a fixed term of service. It is a polyseme with...
, in 1814 and then commissioned major general
Major General
Major general or major-general is a military rank used in many countries. It is derived from the older rank of sergeant major general. A major general is a high-ranking officer, normally subordinate to the rank of lieutenant general and senior to the ranks of brigadier and brigadier general...
, Fourth Division, Ohio State Militia, in 1816.
Peter Hitchcock was elected as a Democratic-Republican
Democratic-Republican Party (United States)
The Democratic-Republican Party or Republican Party was an American political party founded in the early 1790s by Thomas Jefferson and James Madison. Political scientists use the former name, while historians prefer the latter one; contemporaries generally called the party the "Republicans", along...
from Ohio's 6th congressional district
Ohio's 6th congressional district
Ohio's 6th congressional district is currently represented by Representative Bill Johnson . This district runs along the southeast side of the state, bordering Kentucky, West Virginia, and Pennsylvania...
to the Fifteenth United States Congress. He was not a candidate for renomination in 1818.
Judicial service
The legislature appointed Peter Hitchcock a judge of the Supreme Court of Ohio in 1819 for a seven-year term, and reappointed him to a second term in 1826. Prior to 1831, panelJudicial panel
A judicial panel is a set of judges who sit together to hear a cause of action, most frequently an appeal from a ruling of a trial court judge. Panels are used in contrast to single-judge appeals, and en banc hearings, which involves all of the judges of that court.In the United States, most...
s of the Supreme Court traveled over the State in circuit, panels simultaneously holding sessions in different counties of the state. After 1831, it became the practice for the Supreme Court of Ohio to sit en banc
En banc
En banc, in banc, in banco or in bank is a French term used to refer to the hearing of a legal case where all judges of a court will hear the case , rather than a panel of them. It is often used for unusually complex cases or cases considered to be of greater importance...
at the capital. Judge Peter Hitchcock generally traveled the circuit on horseback or his own Yankee wagon. He would reach a county seat
County seat
A county seat is an administrative center, or seat of government, for a county or civil parish. The term is primarily used in the United States....
by noon or later, and immediately went to the Clerk's office. All the chancery
Court of equity
A chancery court, equity court or court of equity is a court that is authorized to apply principles of equity, as opposed to law, to cases brought before it.These courts began with petitions to the Lord Chancellor of England...
cases and demurrer
Demurrer
A demurrer is a pleading in a lawsuit that objects to or challenges a pleading filed by an opposing party. The word demur means "to object"; a demurrer is the document that makes the objection...
s, or other papers for the Court, would be in his room and usually settled by the time Court opened the next morning.
His method of preparing to hear a case was to determine the primary question in the case, review the law books, but develop his own line of reasoning. In court, he did not refuse to hear argument, but unless it was quite an important case, or he indicated a desire to hear argument, the members of the Bar were apt to submit directly to his examinations. It was rare that the court’s business was not completed in a day.
Partisan
Partisan (political)
In politics, a partisan is a committed member of a political party. In multi-party systems, the term is widely understood to carry a negative connotation - referring to those who wholly support their party's policies and are perhaps even reluctant to acknowledge correctness on the part of their...
maneuvering kept Judge Hitchcock off the court in 1833. Instead he ran and was elected to another term in the Ohio Senate, again serving as speaker. Hitchcock was reappointed to another seven-year term on the court in 1835. In 1842, partisanship again took him off the court until 1845 when he was appointed to another seven-year term. He voluntarily retired in 1852 at the end of his fourth term. Of the twenty-eight years he served on the Supreme Court of Ohio, the last twenty-one of them were as Chief Justice.
Hitchock was a Presidential elector in 1844 for Clay
Henry Clay
Henry Clay, Sr. , was a lawyer, politician and skilled orator who represented Kentucky separately in both the Senate and in the House of Representatives...
/Frelinghuysen
Theodore Frelinghuysen
Theodore Frelinghuysen was an American politician, serving as New Jersey Attorney General, United States Senator, and Mayor of Newark, New Jersey before running as a candidate for Vice President with Henry Clay on the Whig ticket in the election of 1844...
.
The honorary degree of Doctor of Laws was conferred on him by Marietta College
Marietta College
Marietta College is a co-educational private college in Marietta, Ohio, USA, which was the first permanent settlement of the Northwest Territory. The school offers 42 majors along with a large number of minors, all of which are grounded in a strong liberal arts foundation...
in 1845 and by Western Reserve College
Case Western Reserve University
Case Western Reserve University is a private research university located in Cleveland, Ohio, USA...
in 1849.
Constitutional convention of 1850
He was elected as a WhigWhig Party (United States)
The Whig Party was a political party of the United States during the era of Jacksonian democracy. Considered integral to the Second Party System and operating from the early 1830s to the mid-1850s, the party was formed in opposition to the policies of President Andrew Jackson and his Democratic...
delegate
Delegate
A delegate is a person who speaks or acts on behalf of an organization at a meeting or conference between organizations of the same level A delegate is a person who speaks or acts on behalf of an organization (e.g., a government, a charity, an NGO, or a trade union) at a meeting or conference...
to the Ohio constitutional convention in 1850 called to revise the 1802 constitution. In this capacity he contributed to reorganization of the judicial tribunals of the state, and still continued to discharge his duties on the bench. He was called the "Father of the constitution of 1851."
One of the debates was over granting the power of the veto
Veto
A veto, Latin for "I forbid", is the power of an officer of the state to unilaterally stop an official action, especially enactment of a piece of legislation...
to the governor. As a good Whig, Judge Peter Hitchcock opposed it:
- "It seems to me that the idea of giving to the governor a veto is inconsistent with our professions. It looks as though we distrusted the capabilities of the people for self-government. In fact, it is based upon the assumption that the people are incapable of self government. It implies also another fact, that we distrust our own qualitifcations to elect such men to do the business of the state as are worthy of being trusted. We are afraid to trust the legislative department of the government and therefore we put it under the care of the governor. ...
- "They say the governor is the representative of the whole people, because the whole people have voted for him. He is the representative of the masses, and therefore he may with propriety interfere with the proceedings of the Legislature. But why not carry the reasoning out? If the governor be the representative of the whole people, and he alone knows the sentiments and wants of the people and can best provide for them, why not dispense with the Legislature and give the governor the power to make the laws?"
The convention did not give the governor the veto in the new constitution.
Retired from public life
Peter Hitchcock was the uncle of Seabury FordSeabury Ford
Seabury Ford was a Whig politician from Ohio. He served as the 20th Governor of Ohio and the last Whig to do so....
, the first Ohio governor from the Western Reserve. Peter Hitchcock died in Painesville, Ohio
Painesville, Ohio
As of the 2010 Census, there were 19,563 people. As of the census of 2000, there were 17,503 people, 6,525 households, and 4,032 families residing in the city. The population density was 2,928.6 people per square mile . There were 6,933 housing units at an average density of 1,160.0 per square mile...
, while stopped at the home of his eldest son on his way home from Columbus, Ohio
Columbus, Ohio
Columbus is the capital of and the largest city in the U.S. state of Ohio. The broader metropolitan area encompasses several counties and is the third largest in Ohio behind those of Cleveland and Cincinnati. Columbus is the third largest city in the American Midwest, and the fifteenth largest city...
to Burton. He was interred in Welton Cemetery, Burton, Ohio.