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Calvin Pease portrait
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Calvin Pease portrait
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Description
Title
Calvin
Pease
portrait
Subject
Pease, Calvin, 1776-1839
Judicial review--United States--Cases
Ohio. Supreme Court
Ohio History--State and Local Government--Law
Time Period
1830s
Description
This
image
of
Ohio
jurist
Calvin
Pease
(1776-1839)
is
a
photographic
reproduction
of an
engraving.The
head-and-shoulders
portrait
of the
white-haired
Pease
portrays
him as
dignified
yet
approachable
, with a
hint
of a
smile
.
Pease
was
born
on
September
9
,
1776
, in
Suffield
,
Connecticut
. He
passed
the
Connecticut
bar
exam
in
1798
and
shortly
afterward
moved
to the
Northwest
Territory
. In
1800
the
territorial
government
granted
him a
law
license
. He was the
original
clerk
of the
Court
of
Quarter
Sessions
for the
Northwest
Territory
,
which
met
in
Warren
(Ohio)
.
Pease
left
Warren
in
late
1801
to
become
the
first
postmaster
of
Youngstown
in
January
1802
. He
quickly
tired
of this
position
and
resigned
in
1803
. In
April
1803
the
legislature
of the
newly
created
state
of
Ohio
elected
Pease
to a
judgeship
on the
Court
of
Common
Pleas
for the
Third
Circuit
. He was the
presiding
member
.
During
his
term
as
judge
,
Pease
struggled
against
the
state
legislature
,
which
had
no
desire
to
relinquish
any
power
to the
courts
. In
1806
he
declared
a
section
of a
law
in
violation
of the
United
States
Constitution
. The
Ohio
law
permitted
justices
of the
peace
to
oversee
legal
disputes
involving
property
or
money
in
excess
of
twenty
dollars
.
Pease
declared
that the
Constitution
promised
trial
by
jury
and that the
Ohio
law
clearly
violated
that
guarantee
.
Because
of
Pease's
decision
, the
law
could
not be
enforced
in
Ohio
.
Pease’s
1806
ruling
was not the
end
of the
story
. The
question
of the
courts’
ability
to
declare
laws
unconstitutional
was at the
heart
of
Rutherford
v
.
M’Faddon
(1807)
,
one
of the
most
important
cases
to
come
before
the
Supreme
Court
of
Ohio
during
its
early
years
. In that
case
,
Supreme
Court
justices
Samuel
Huntington
and
George
Tod
upheld
Pease's
decision
.
Rutherford
v
.
M'Faddon
established
the
right
to
review
the
constitutionality
of
legislative
and
gubernatorial
actions
In
response
, the
legislature
attempted
to
weaken
the
judiciary
by
bringing
impeachment
proceedings
against
both
Pease
and
Tod
. The
two
judges
maintained
their
positions
by a
single
vote
each
.
Unhappy
with the
legislature's
attempts
to
hinder
the
courts
,
Pease
resigned
as
Common
Pleas
Judge
in
1810
. By
1816
the
legislature
had a
change
of
heart
towards
Pease
and
elected
him to
two
terms
(1816-1830)
on the
Ohio
Supreme
Court
. The
judge
retired
in
1830
and
spent
the
remainder
of his
life
in
Warren
,
Ohio
. He
died
on
September
17
,
1839
.
Date of Original
ca.
1835
Collection
Calvin
Pease
Source
SC
3740
Format
Picture
;
Engraving
;
Black-and-white
photograph
Submitting Institution
Ohio Historical Society
Rights
Online access is provided for research purposes only. For rights and reproduction requests or more information, go to
http://www.ohiohistory.org/images/information
Type
StillImage
File Name
AL05837.tif
Image Height
2054
Image Width
2054
File Size
17262792 Bytes
Date created
2011-08-05
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