George Tod (judge)

George Tod (December 11, 1773 – April 11, 1841)[1] 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
Associate Justice of the Ohio Supreme Court
In office May 13, 1806 – February 10, 1810
Preceded by	William Sprigg
Succeeded by	Ethan Allen Brown
Personal details
Born	(1773-12-11)December 11, 1773 Suffield, Connecticut
Died	April 11, 1841(1841-04-11) (aged 67) Brier Hill, Youngstown, Ohio
Resting place	Oak Hill Cemetery, Youngstown
Spouse(s)	Sallie Isaacs
Children	five
Alma mater	Yale University Litchfield Law School
Military service
Allegiance	United States
Branch/service	United States Army
Rank	Lieutenant colonel
Battles/wars	War of 1812

Early life

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.[2] In 1808, he took on as an apprentice, the young Jesse Root Grant, the future father of Ulysses S. Grant, for four years.[3]

The West

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.[2] Tod was elected to the Ohio Senate for the third and fourth General Assemblies, 1804-1806.[4] In 1806 the Ohio Legislature appointed him a judge of the Ohio Supreme Court.[5]

Impeachment

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."[6] This decision established judicial review of legislative decisions.[5] 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.[5][7] One author says "From that day, the right of the Supreme Court to pass on the constitutionality of laws has seldom even been questioned."[6] 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."[5] 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[8] In the War of 1812, Tod served as a lieutenant-colonel[2] including action at Fort Meigs.[5] 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.[1]

Tod's son, David Tod was born in 1805, and went on to be Civil War era Governor of Ohio. George and Sallie Tod had five children.[1]

Notes

1. "George Tod". The Supreme Court of Ohio and the Ohio Judicial System.
2. Upton 1910, p. 80
3. White, 2016, p. 7
4. Ohio 1917, p. 217
5. "George Tod". Ohio History Central. July 1, 2005.
6. Upton 1910, p. 84
7. Neff 1921, p. 50-53
8. Ohio 1917, p. 218

References

• Reed, George Irving; Randall, Emilius Oviatt; Greve, Charles Theodore, eds. (1897). Bench and Bar of Ohio: a Compendium of History and Biography. 1. Chicago: Century Publishing and Engraving Company.
• Upton, Harriet Taylor (1910). Cutler, Harry Gardner (ed.). History of the Western Reserve. 1. New York: The Lewis Publishing Company.
• Ohio General Assembly (1917). Manual of legislative practice in the General Assembly. State of Ohio.
• Neff, William B, ed. (1921). Bench and Bar of Northern Ohio History and Biography. Cleveland: The Historical Publishing Company. p. 50.
• White, Ronald C. (2016). American Ulysses: A Life of Ulysses S. Grant. Random House Publishing Group. ISBN 978-1-5883-6992-5.
• Wilson, J. G.; Fiske, J., eds. (1900). "Tod, George" . Appletons' Cyclopædia of American Biography. New York: D. Appleton.

Ohio Senate
Preceded by Benjamin Tappan	Senator from Trumbull County 1804-1806	Succeeded by Calvin Cone
Preceded by Calvin Cone	Senator from Trumbull County 1810-1812	Succeeded by Calvin Pease