George Tod (judge)
| George Tod | |
|---|---|
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| Associate Justice of the Ohio Supreme Court | |
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In office May 13, 1806 – February 10, 1810 |
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| Preceded by | William Sprigg |
| Succeeded by | Ethan Allen Brown |
| Personal details | |
| Born |
December 11, 1773 Suffield, Connecticut |
| Died | April 11, 1841 (aged 67) Brier Hill, Youngstown, Ohio |
| Resting place | Oak Hill Cemetery, Youngstown |
| Spouse(s) | Sallie Isaacs |
| Children | five |
| Alma mater | |
| Military service | |
| Allegiance | United States |
| Service/branch | United States Army |
| Rank | Lieutenant colonel |
| Battles/wars | War of 1812 |
George Tod (December 11, 1773 – April 11, 1841) 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.
George Tod was born in Suffield, Connecticut, and graduated from Yale in 1797. He taught school, studied law at Litchfield Law School, 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 1808, he took on as an apprentice, the young Jesse Root Grant, the future father of Ulysses S. Grant, for four years.
Tod came to the Western Reserve 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.
While Calvin Pease 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.
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