Calvin Pease
| Calvin Pease | |
|---|---|
 |
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| Justice of the Ohio Supreme Court | |
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In office February 16, 1816 – February 16, 1830 |
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| Preceded by | new seat |
| Succeeded by | Elijah Hayward |
| Personal details | |
| Born |
September 9, 1776 Suffield, Connecticut |
| Died | September 17, 1839 (aged 63) Warren, Ohio |
| Resting place | Oakwood Cemetery |
| Spouse(s) | Laura Grant Risley |
| Children | seven |
| Signature |  |
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.
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.
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."
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