{{Short description|American judge}} {{infobox officeholder |name=Calvin Pease |image=Calvin Pease.png |signature=Calvin Pease signature.png |office=Justice of the Ohio Supreme Court |term_start=February 16, 1816 |term_end=February 16, 1830 |preceded=new seat |succeeded=Elijah Hayward |party= |birth_date={{birth date|1776|09|09}} |birth_place=Suffield, Connecticut |death_date={{death date and age|1839|09|17|1776|09|09}} |death_place=Warren, Ohio |resting_place=Oakwood Cemetery |spouse=Laura Grant Risley |children=seven }} {{commons category}} '''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.
==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.<ref name=ohiojudicial>{{cite web |url=https://www.supremecourt.ohio.gov/courts/judicial-system/supreme-court-of-ohio/justices-1803-to-present/calvin-pease/ |publisher=The Supreme Court of Ohio & The Ohio Judicial System |title=Calvin Pease |access-date=2011-08-29 |archive-date=2022-12-06 |archive-url=https://web.archive.org/web/20221206171628/https://www.supremecourt.ohio.gov/courts/judicial-system/supreme-court-of-ohio/justices-1803-to-present/calvin-pease/ |url-status=live }}</ref><ref name=ohio>Randall 1912 : 126</ref> 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 Ohio's statehood, he was elected president-judge of the Court of Common Pleas of the Third Circuit.<ref name=west>Upton 1910 : 84</ref>
==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."<ref name=west/> This decision established judicial review of legislative decisions.<ref name=tod>{{Ohio History Central|383|George Tod|date=2005-07-01}}</ref> 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 and would resign his seat by the wend of the year. Pease and Tod were each acquitted in their impeachment trials by a single vote.<ref name=tod/><ref>Neff 1921, p. 50-53</ref><ref>{{cite web |last1=O'Brien |first1=Dan |title=Flashback: The Impeachment of George Tod |url=https://businessjournaldaily.com/flashback-impeachment-george-tod/ |website=Business Journal Daily {{!}} The Youngstown Publishing Company |access-date=3 January 2023 |date=15 March 2019 |archive-date=3 January 2023 |archive-url=https://web.archive.org/web/20230103022234/https://businessjournaldaily.com/flashback-impeachment-george-tod/ |url-status=live }}</ref><ref>{{cite web |title=SamuelHuntington » Supreme Court of Ohio |url=https://www.supremecourt.ohio.gov/courts/judicial-system/supreme-court-of-ohio/justices-1803-to-present/samuel-huntington/ |website=www.supremecourt.ohio.gov |access-date=3 January 2023 |archive-date=3 January 2023 |archive-url=https://web.archive.org/web/20230103015230/https://www.supremecourt.ohio.gov/courts/judicial-system/supreme-court-of-ohio/justices-1803-to-present/samuel-huntington/ |url-status=live }}</ref> One author says "From that day, the right of the Supreme Court to pass on the constitutionality of laws has seldom even been questioned."<ref name=west/> 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."<ref name=tod/>
==State office==
In 1812-1813, Pease was elected to the Ohio Senate representing Trumbull County in the 11th General Assembly.<ref>Ohio 1917 : 220</ref> In 1816, the Legislature elected him to the Ohio Supreme Court, a position he held until 1830.<ref name=west/> In 1831 and 1832, he represented Trumbull County in the Ohio House of Representatives for the 30th General Assembly.<ref>Ohio 1917 : 266</ref>
On June 2, 1804, Pease married Laura Grant Risley in Washington, D.C. They had seven children, five of whom survived to adulthood.<ref name=ohiojudicial/>
Calvin Pease died September 17, 1839, in Warren.<ref name=ohio/> He was buried at Oakwood Cemetery in Warren, and his wife was buried next to him after she died April 6, 1872.<ref name=ohiojudicial/>
==Notes== {{Reflist|2}}
==References== *{{cite book|ref=randall|title=History of Ohio: the Rise and Progress of an American State |volume=5 |first1=Emilius |last1=Randall |first2=Daniel Joseph |last2=Ryan |publisher=The Century History Company |location=New York |author-link2=Daniel J. Ryan|year=1912 |url=https://books.google.com/books?id=ngAUAAAAYAAJ&pg=PA126}} *{{cite book|ref=west|title=History of the Western Reserve |volume=1 |first=Harriet Taylor |last=Upton|editor-first=Harry Gardner |editor-last=Cutler |publisher=The Lewis Publishing Company |author-link=Harriet Taylor Upton|location=New York |year=1910 |url=https://books.google.com/books?id=xEsbLFoBttYC&pg=PA84}} *{{cite book|title=Manual of legislative practice in the General Assembly |last=Ohio General Assembly |author-link=Ohio General Assembly |year=1917 |ref=ohio1917|publisher=State of Ohio |url=https://books.google.com/books?id=7qesAAAAMAAJ&pg=PA220 }}
==External links== *{{find a Grave|5639420|Hon. Calvin Pease (1776-1839)|access-date=2012-10-31}} {{navboxes|title=Offices and distinctions|list=<!-- Succession box --> {{s-start}} {{s-legal}} {{s-bef | before=new seat}} {{s-ttl | title=Ohio Supreme Court Justice | years=February 16, 1816 – February 16, 1830}} {{s-aft | after=Elijah Hayward}} {{s-break}} {{s-par|us-oh-sen}} {{s-bef | before=George Tod}} {{s-ttl |title=Senator from Trumbull County | years=December 7, 1812 – December 5, 1813}} {{s-aft | after=Daniel Eaton}} {{s-break}} {{s-par|us-oh-hs}} {{s-bef | before=Benjamin Allen<br>Richard Iddings}} {{s-ttl |title=Representative from Trumbull County | years=December 5, 1831 – December 2, 1832|alongside=Jared Kirtland}} {{s-aft | after=Benjamin Allen<br>Jediah Fitch}} {{s-end}} }} {{Authority control}}
{{DEFAULTSORT:Pease, Calvin}} Category:Ohio lawyers Category:Ohio state senators Category:Members of the Ohio House of Representatives Category:Justices of the Supreme Court of Ohio Category:People from Warren, Ohio Category:1776 births Category:1839 deaths Category:19th-century American lawyers Category:United States judges impeached by state or territorial governments Category:19th-century members of the Ohio General Assembly