George Tod (judge)
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George Tod (December 11, 1773 – April 11, 1841) was a politician in the
U.S. State In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its sover ...
of
Ohio Ohio () is a state in the Midwestern region of the United States. Of the fifty U.S. states, it is the 34th-largest by area, and with a population of nearly 11.8 million, is the seventh-most populous and tenth-most densely populated. The sta ...
in the
Ohio State Senate The Ohio Senate is the upper house of the Ohio General Assembly. The State Senate, which meets in the Ohio Statehouse in Columbus, first convened in 1803. Senators are elected for four year terms, staggered every two years such that half of the se ...
, and an
Ohio Supreme Court The Ohio Supreme Court, Officially known as The Supreme Court of the State of Ohio is the highest court in the U.S. state of Ohio, with final authority over interpretations of Ohio law and the Ohio Constitution. The court has seven members, a ...
Judge 1806-1810, and a soldier who fought in the
War of 1812 The War of 1812 (18 June 1812 – 17 February 1815) was fought by the United States of America and its indigenous allies against the United Kingdom and its allies in British North America, with limited participation by Spain in Florida. It bega ...
.


Early life

George Tod was born in
Suffield, Connecticut Suffield is a town in Hartford County, Connecticut, Hartford County, Connecticut, United States. It was once within the boundaries of Massachusetts. The town is located in the Connecticut River Valley with the town of Enfield, Connecticut, Enfiel ...
, and graduated from
Yale Yale University is a private research university in New Haven, Connecticut. Established in 1701 as the Collegiate School, it is the third-oldest institution of higher education in the United States and among the most prestigious in the wor ...
in 1797. He taught school, studied law at
Litchfield Law School The Litchfield Law School of Litchfield, Connecticut, was the first independent law school established in America for reading law. Founded and led by lawyer Tapping Reeve, the proprietary school was unaffiliated with any college or university. (Whi ...
, and was
admitted to the bar An admission to practice law is acquired when a lawyer receives a license to practice law. In jurisdictions with two types of lawyer, as with barristers and solicitors, barristers must gain admission to the bar whereas for solicitors there are dist ...
in
Connecticut Connecticut () is the southernmost state in the New England region of the Northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, New York to the west, and Long Island Sound to the south. Its cap ...
. He married Sallie Isaacs in 1797. She was sister in law of
Governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
Ingersoll Ingersoll may refer to: People *Ingersoll (surname) *Ingersoll Lockwood (1841–1918), American lawyer and writer Places Canada * Ingersoll, Ontario United States * Ingersoll, Oklahoma * Ingersoll, Wisconsin * Ingersoll Township, Michigan * ...
. Children Charlotte and Jonathan were born in Connecticut. Upton 1910, p. 80 In 1808, he took on as an apprentice, the young
Jesse Root Grant Jesse Root Grant  (January 23, 1794 – June 29, 1873) was an American farmer, tanner and successful leather merchant who owned tanneries and leather goods shops in several different states throughout his adult life. He is best known as the ...
, the future father of
Ulysses S. Grant Ulysses S. Grant (born Hiram Ulysses Grant ; April 27, 1822July 23, 1885) was an American military officer and politician who served as the 18th president of the United States from 1869 to 1877. As Commanding General, he led the Union Ar ...
, for four years.


The West

Tod came to the
Western Reserve The Connecticut Western Reserve was a portion of land claimed by the Colony of Connecticut and later by the state of Connecticut in what is now mostly the northeastern region of Ohio. The Reserve had been granted to the Colony under the terms o ...
in 1800. He was appointed Prosecuting Attorney of
Trumbull County Trumbull County is a county in the far northeast portion of U.S. state of Ohio. As of the 2020 census, the population was 201,977. Its county seat is Warren, which developed industry along the Mahoning River. Trumbull County is part of the ...
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 Pease was Judge of the Third Circuit, the
Ohio Ohio () is a state in the Midwestern region of the United States. Of the fifty U.S. states, it is the 34th-largest by area, and with a population of nearly 11.8 million, is the seventh-most populous and tenth-most densely populated. The sta ...
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." Upton 1910, p. 84 This decision established judicial review of legislative decisions. Supreme Court Judges George Tod and Samuel Huntington upheld Pease's decision. Pease and Tod were
impeached Impeachment is the process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements. In ...
by the legislature. Huntington was not impeached because he had already been elected
governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
and would resign his seat by the wend of the year. Pease and Tod were each acquitted in their
impeachment trial An impeachment trial is a trial that functions as a component of an impeachment. Several governments utilize impeachment trials as a part of their processes for impeachment, but differ as to when in the impeachment process trials take place and how ...
s 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 Ohio 1917, p. 218 In the
War of 1812 The War of 1812 (18 June 1812 – 17 February 1815) was fought by the United States of America and its indigenous allies against the United Kingdom and its allies in British North America, with limited participation by Spain in Florida. It bega ...
, Tod served as a lieutenant-colonel including action at
Fort Meigs Fort Meigs was a United States fortification along the Maumee River in what is now Perrysburg, Ohio during the War of 1812. The British Army, supported by Tecumseh's Confederacy, failed to capture the fort during the siege of Fort Meigs. It is n ...
. 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 Youngstown is a city in the U.S. state of Ohio, and the largest city and county seat of Mahoning County. At the 2020 census, Youngstown had a city population of 60,068. It is a principal city of the Youngstown–Warren metropolitan area, which ...
. His wife died September 29, 1847 at Brier Hill, and was buried with him. Tod's son,
David Tod David Tod (February 21, 1805 – November 13, 1868) was an American 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 Civi ...
was born in 1805, and went on to be
Civil War A civil war or intrastate war is a war between organized groups within the same state (or country). The aim of one side may be to take control of the country or a region, to achieve independence for a region, or to change government policies ...
era
Governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
of Ohio. George and Sallie Tod had five children.


Notes


References

* * * * * * {{DEFAULTSORT:Tod, George Ohio lawyers Yale University alumni Ohio state senators Justices of the Ohio Supreme Court People from Trumbull County, Ohio 1773 births 1841 deaths County district attorneys in Ohio Litchfield Law School alumni United States Army personnel of the War of 1812 United States Army officers 19th-century American lawyers United States judges impeached by state or territorial governments