George Tod (December 11, 1773 – April 11, 1841) was a politician 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 sove ...

Ohio Ohio () is a U.S. state, state in the Midwestern United States, Midwestern region of the United States. Of the List of states and territories of the United States, fifty U.S. states, it is the List of U.S. states and territories by area, 34th-l ...

in the

Ohio State 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 the se ...

, and an

Ohio Supreme Court The Ohio Supreme Court, Officially known as 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 ...

Judge 1806-1810, and a soldier who fought in the

War of 1812 The War of 1812 (18 June 1812 – 17 February 1815) was fought by the United States of America and its indigenous allies against the United Kingdom and its allies in British North America, with limited participation by Spain in Florida. It ...

Early life

George Tod was born in

Suffield, Connecticut Suffield is a town in Hartford County, Connecticut, United States. It was once within the boundaries of Massachusetts. The town is located in the Connecticut River Valley with the town of Enfield neighboring to the east. As of the 2020 census, t ...

, and graduated from

Yale Yale University is a private research university in New Haven, Connecticut. Established in 1701 as the Collegiate School, it is the third-oldest institution of higher education in the United States and among the most prestigious in the wo ...

in 1797. He taught school, studied law at

Litchfield Law School The Litchfield Law School of Litchfield, Connecticut, was the first independent law school established in America for reading law. Founded and led by lawyer Tapping Reeve, the proprietary school was unaffiliated with any college or university. (Whi ...

, 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 ...

Connecticut Connecticut () is the southernmost state in the New England region of the Northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, New York to the west, and Long Island Sound to the south. Its cap ...

. He married Sallie Isaacs in 1797. She was sister in law of

Governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...

Ingersoll. Children Charlotte and Jonathan were born in Connecticut. Upton 1910, p. 80 In 1808, he took on as an apprentice, the young

Jesse Root Grant Jesse Root Grant (January 23, 1794 – June 29, 1873) was an American farmer, Tanner (occupation), tanner and successful leather merchant who owned tanneries and leather goods shops in several different states throughout his adult life. He ...

, the future father of Ulysses S. Grant, for four years.

The West

Tod came to the

Western Reserve The Connecticut Western Reserve was a portion of land claimed by the Colony of Connecticut and later by the state of Connecticut in what is now mostly the northeastern region of Ohio. The Reserve had been granted to the Colony under the terms o ...

in 1800. He was appointed Prosecuting Attorney of Trumbull County that year. He was a township clerk 1802-1804. Tod was elected to the Ohio Senate for the third and fourth General Assemblies, 1804-1806. In 1806 the Ohio Legislature appointed him a judge of the Ohio Supreme Court.

Impeachment

While Calvin 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." In ''Rutherford v. M'Fadden'', 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." Upton 1910, p. 84 This decision established judicial review of legislative decisions. Supreme Court Judges George Tod and Samuel Huntington upheld Pease's decision. Pease and Tod were impeached by the legislature. Huntington was not impeached because he had already been elected

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

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, but differ as to when in the impeachment process trials take place and how ...

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." The legislature voted to end all judicial terms in 1810.

Post Impeachment

Tod was elected to the Ohio Senate again in the 9th and tenth General Assembly, 1810-1812 Ohio 1917, p. 218 In the

, Tod served as a lieutenant-colonel including action at Fort Meigs. After the war, he was a Common Pleas Judge from 1815 to 1829, and Prosecuting Attorney for one term. He died in 1841. He died at his farm called ''Brier Hill'' and was buried at Oak Hill Cemetery in

Youngstown Youngstown is a city in the U.S. state of Ohio, and the largest city and county seat of Mahoning County. At the 2020 census, Youngstown had a city population of 60,068. It is a principal city of the Youngstown–Warren metropolitan area, whi ...

. His wife died September 29, 1847 at Brier Hill, and was buried with him. Tod's son, David Tod was born in 1805, and went on to be

Civil War A civil war or intrastate war is a war between organized groups within the same state (or country). The aim of one side may be to take control of the country or a region, to achieve independence for a region, or to change government polic ...

era

of Ohio. George and Sallie Tod had five children.

Notes

References

* * * * * * {{DEFAULTSORT:Tod, George Ohio lawyers Yale University alumni Ohio state senators Justices of the Ohio Supreme Court People from Trumbull County, Ohio 1773 births 1841 deaths County district attorneys in Ohio Litchfield Law School alumni United States Army personnel of the War of 1812 United States Army officers 19th-century American lawyers United States judges impeached by state or territorial governments