Preceded by new seat Signature Resting place Oakwood Cemetery Name Calvin Pease | Spouse(s) Laura Grant Risley Role Legislator Children seven Succeeded by Elijah Hayward | |
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Born September 9, 1776
Suffield, Connecticut ( 1776-09-09 ) Died September 17, 1839, Warren, Ohio, United States | ||
Calvin Pease (September 9, 1776–September 17, 1839) was a lawyer and legislator in the U.S. State of Ohio who was in the Ohio Senate, in the Ohio House of Representatives, and an Ohio Supreme Court Judge 1816-1830.
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Early life
Calvin Pease was born in Suffield, Connecticut. He studied law in the office of his brother-in-law Gideon Granger, and was admitted to the bar in 1798, practicing in New Hartford, Connecticut. He came to the Northwest Territory in 1800. He was appointed first clerk of the court of quarter sessions in August in Warren, 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 and Samuel H. Huntington 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 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.
On June 2, 1804, Pease married Laura Grant Risley in Washington, D.C. 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.