George Tod (judge)
Encyclopedia
George Tod was a politician in the U.S. State
of Ohio
in the Ohio State Senate, and an Ohio Supreme Court Judge 1806-1810, and a soldier who fought in the War of 1812
.
, and graduated from Yale
in 1797. He taught school, studied law, and was admitted to the bar
in Connecticut
. He married Sallie Isaacs in 1797. She was sister in law of Governor Ingersoll
. Children Charlotte and Jonathan were born in Connecticut.
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.
was Judge of the Third Circuit, the Ohio
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." 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." The legislature voted to end all judicial terms in 1810.
, 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
. 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
era Governor of Ohio.
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of 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...
in the Ohio State Senate, and an Ohio Supreme Court Judge 1806-1810, and a soldier who fought in the War of 1812
War of 1812
The War of 1812 was a military conflict fought between the forces of the United States of America and those of the British Empire. The Americans declared war in 1812 for several reasons, including trade restrictions because of Britain's ongoing war with France, impressment of American merchant...
.
Early life
George Tod was born in Suffield, ConnecticutSuffield, Connecticut
Suffield is a town in Hartford County, Connecticut, United States. It had once been within the boundaries of Massachusetts. The town is located in the Connecticut River Valley with the town of Enfield neighboring to the east. In 1900, 3,521 people lived in Suffield; and in 1910, 3,841. As of the...
, and graduated from Yale
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 1797. He taught school, studied law, and was admitted to the bar
Admission to the bar in the United States
In the United States, admission to the bar is the granting of permission by a particular court system to a lawyer to practice law in that system. Each U.S. state and similar jurisdiction has its own court system and sets its own rules for bar admission , which can lead to different admission...
in Connecticut
Connecticut
Connecticut is a state in the New England region of the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and the state of New York to the west and the south .Connecticut is named for the Connecticut River, the major U.S. river that approximately...
. He married Sallie Isaacs in 1797. She was sister in law of Governor Ingersoll
Charles Roberts Ingersoll
Charles Roberts Ingersoll was the 47th Governor of Connecticut from 1873 to 1877.He was born in New Haven, Connecticut, son of Ralph Isaacs Ingersoll, a New Haven lawyer who also served in the state House of Representatives, the United States Congress, and as United States Minister to Russia and...
. Children Charlotte and Jonathan were born in Connecticut.
The West
Tod came to the Western ReserveConnecticut Western Reserve
The Connecticut Western Reserve was land claimed by Connecticut from 1662 to 1800 in the Northwest Territory in what is now northeastern Ohio.-History:...
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 PeaseCalvin Pease
Calvin Pease 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:...
was Judge of the Third Circuit, the 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...
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." This decision established judicial review of legislative decisions. Supreme Court Judges George Tod and Samuel H. Huntington
Samuel H. Huntington
Samuel H. Huntington was an American jurist who was the third Governor of Ohio from 1808 to 1810.He was the nephew and adopted son of Samuel Huntington, the fourth President of the Continental Congress and First President of the United States in Congress Assembled under the Articles of...
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." 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 In the War of 1812War of 1812
The War of 1812 was a military conflict fought between the forces of the United States of America and those of the British Empire. The Americans declared war in 1812 for several reasons, including trade restrictions because of Britain's ongoing war with France, impressment of American merchant...
, Tod served as a lieutenant-colonel including action at Fort Meigs
Fort Meigs
Fort Meigs was a fortification along the Maumee River in Ohio during the War of 1812. It is named in honor of Ohio governor Return J. Meigs, Jr., for his support in providing General William Henry Harrison with militia and supplies for the line of forts along the Old Northwest...
. After the war, he was a Common Pleas Judge
Ohio Courts of Common Pleas
The Ohio Courts of Common Pleas are the trial courts of the state court system of Ohio.The courts of common pleas are the trial courts of general jurisdiction in the state. They are the only trial courts created by the Ohio Constitution . The duties of the courts are outlined in Article IV, Section...
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, Ohio
Youngstown is a city in the U.S. state of Ohio and the county seat of Mahoning County; it also extends into Trumbull County. The municipality is situated on the Mahoning River, approximately southeast of Cleveland and northwest of Pittsburgh, Pennsylvania...
. His wife died September 29, 1847 at Brier Hill, and was buried with him.
Tod's son, David Tod
David Tod
David Tod was a politician and industrialist from the U.S. state of Ohio. As the 25th Governor of Ohio, Tod gained recognition for his forceful and energetic leadership during the American Civil War....
was born in 1805, and went on to be Civil War
Civil war
A civil war is a war between organized groups within the same nation state or republic, or, less commonly, between two countries created from a formerly-united nation state....
era Governor of Ohio.