Calvin Pease (September 9, 1776–September 17, 1839) was a lawyer and legislator in the

U.S. State In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its so ...

Ohio Ohio ( ) is a U.S. state, state in the Midwestern United States, Midwestern region of the United States. It borders Lake Erie to the north, Pennsylvania to the east, West Virginia to the southeast, Kentucky to the southwest, Indiana to the ...

who was in the

Ohio Senate The Ohio Senate is the upper house of the Ohio General Assembly. The State Senate, which meets in the Ohio Statehouse in Columbus, first convened in 1803. Senators are elected for four year terms, staggered every two years such that half of t ...

, in the

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. The House of Representatives first met in ...

, and an

Ohio Supreme Court The Supreme Court of the State of Ohio is the highest court in the U.S. state of Ohio, with final authority over interpretations of Ohio law and the Ohio Constitution. The court has seven members, a chief justice and six associate justices, ...

Judge 1816-1830.

Early life

Calvin Pease was born in

Suffield, Connecticut Suffield is a town in Hartford County, Connecticut, United States. The town is part of the Capitol Planning Region, Connecticut, Capitol Planning Region, and located in the Connecticut River Valley. As of the 2020 United States census, 2020 censu ...

. He studied law in the office of his brother-in-law

Gideon Granger Gideon Granger (July 19, 1767 – December 31, 1822) was an early American politician and lawyer. He was the father of fellow Postmaster General and U.S. Representative Francis Granger. Early life Granger was born in Suffield, Connecticut ...

, and was

admitted to the bar An admission to practice law is acquired when a lawyer receives a license to practice law. In jurisdictions with two types of lawyer, as with barristers and solicitors, barristers must gain admission to the bar whereas for solicitors there are dist ...

in 1798, practicing in

New Hartford, Connecticut New Hartford is a New England town, town in Litchfield County, Connecticut, United States. The population was 6,658 at the 2020 United States census, 2020 census. The town is part of the Northwest Hills Planning Region, Connecticut, Northwest Hill ...

. Randall 1912 : 126 He came to the

Northwest Territory The Northwest Territory, also known as the Old Northwest and formally known as the Territory Northwest of the River Ohio, was formed from part of the unorganized western territory of the United States after the American Revolution. Established ...

in 1800. He was appointed first clerk of the court of quarter sessions in August in

Warren Warren most commonly refers to: * Warren (burrow), a network dug by rabbits * Warren (name), a given name and a surname, including lists of persons so named Warren may also refer to: Places Australia * Warren (biogeographic region) * War ...

, and admitted to the bar in October. After Ohio's statehood, he was elected president-judge of the Court of Common Pleas of the Third Circuit. Upton 1910 : 84

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 and

Samuel Huntington Samuel Huntington may refer to: * Samuel Huntington (Connecticut politician) (1731–1796), American jurist, statesman, and revolutionary leader, 18th Governor of Connecticut * Samuel Huntington (Ohio politician) (1765–1817), American jurist, thi ...

upheld Pease's decision. Pease and Tod were

impeached Impeachment is a process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements. In Eu ...

by the legislature. Huntington was not impeached because he had already been elected

governor A governor is an politician, administrative leader and head of a polity or Region#Political regions, political region, in some cases, such as governor-general, governors-general, as the head of a state's official representative. Depending on the ...

and would resign his seat by the wend of the year. Pease and Tod were each acquitted in their

impeachment trial An impeachment trial is a trial that functions as a component of an impeachment. Several governments utilize impeachment trials as a part of their processes for impeachment. Differences exist between governments as to what stage trials take place ...

s 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 is a county in the far northeast portion of the U.S. state of Ohio. As of the 2020 census, the population was 201,977. Its county seat and largest city is Warren, which developed industry along the Mahoning River. Trumbull Coun ...

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. Ohio 1917 : 266 On June 2, 1804, Pease married Laura Grant Risley in

Washington, D.C. Washington, D.C., formally the District of Columbia and commonly known as Washington or D.C., is the capital city and federal district of the United States. The city is on the Potomac River, across from Virginia, and shares land borders with ...

They had seven children, five of whom survived to adulthood. Calvin Pease died September 17, 1839, in Warren. He was buried at Oakwood Cemetery in Warren, and his wife was buried next to him after she died April 6, 1872.

Notes

References

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External links

* {{DEFAULTSORT:Pease, Calvin Ohio lawyers Ohio state senators Members of the Ohio House of Representatives Justices of the Supreme Court of Ohio People from Warren, Ohio 1776 births 1839 deaths 19th-century American lawyers United States judges impeached by state or territorial governments 19th-century members of the Ohio General Assembly