Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1860-04-07
rrnm ~. n..torn Re.erre chronIe.e
OF the OIdeu Time---Jndienl
Impeachment.
5\ ~ wAspsN, March 29.b, 1850

ti az some 0l thS llutuAis ul tnc uaJ' anu JSul9
among them, have mentioned that some q the
private papers Of the late Governor Hunting
ton have been given to a Hi,torc / Society at
Cleveland; amoag which is found a statement
that the Office OF President Judge Of the Com
mon Pleas Count was offered by him TO several
lawyers Of the Reserve ana those residing iu
other parts of the State, upon the resisnaiion
oy Judge Pease Of that Office, which offer was
not accepted.
Twill add little to that statement, and give
few OF the reasons, why the prohsred honor
was rejected That the subject may be more
clearly understood, it ia necessary that enter
a little into detaip, sud give short history Of
some legislative aud judicial proceedings in this
stats from the year eighteen hundred and
eight, to eighteen hundred and ten, inclusive
Judge Pease and his associates OF the Com
mon Pleas took on Themselves IN the County
of Trumbuli, TO decide that certain act Oi
the Legislature was in violation OF the constitu-
ton, and therefore not law. He, with bis as
sociates in jefferson County, made Ike de-
eision. The case in Jefferson county was takan
70 the Supreme Cou1t BY writ Of error; tho court,
commposed OF Judges Samuel Huntington aud
George Tod, affirmed the judgement Of Judge
Peass, and his associates. This law being a
.avorite one with the people, its repeal hy
judicial decision created great. exci'ement.-
The prevalent doctrine of that day, was, that
the court could decide no act Of the legislature
to be unconstitutional The majority Of the
people considered that it was an impeachable
offence, so 10 decide. at the session OF the
legislature, begun in December, one thousand
eight hundred and eight. articles Of impeach-
ment were exhibited against judges Tod and
Pesse, Huntington having been, IN October,
| preceding, elected governor, and having re-
| signed his seat as judges and Judge Pease's
associates being thought TO be OF too little
eonsc quence TO be noticed. Judges To j. aud
| Pease were tried tefre the High Court OF In
peachment, composed Of the Senate, and were
both acquitted, there not being constitutional
mai ority Of two thirds for conviction, it having
fallen short bv one vote in each case, although
there was a shifting of sides IN one instance,
one member voting for the convict n OF Tod,
| and aeouittal of Pease, aud one other voting
| the other way, for the conviction Of Pease, and
the acquittal of Tod. The project Of iuPeach-
ment having failed, a new scheme Of operations,
\ was, at the session Of December, one thousand
eight hundred and nine, adopted. AS seven
wears from the time Of the first elections under
| the Constitution, would expire in April, one
| thousand eight hundred and ten, there was no
action necessary in those cases; but IN other
! cases whe-e any considerable time would
elapse before fhe seven years would expire
from the date Of the appointments or commits
sions, it was resolved by the legislature, that
the fair correct Interpretation of the COnstitu-
ton, was, that all commissions, dated wheD>
ever they might Dc, and although there was q
provision therein inst the several incumbents
should hold their offices for seven years, should
expire at the end Of each seven years reckoned
from the date Of the first elections undar the
! Constitution. This was intended particularly
to operate on Judge Tod, as he was appointed
not under perhaps, three years after the iHst
elections and had some four years more yet to
serve To get him out of Office the Legislature
vacated every judicial Office in the State. Judge
Pease went out of office by lapse of time, IN
April one thousand eight hundred and ten
This erroneous construction by the legislature
never has been followed up by any succeeding
Legislature, and at the end Oftbe second seven
wears nothing was said about 1t. Governor
Huntington and Judge Pease contended, and II
was thought by others, that tie legislature could
not anticipate vacancy, aud till 1t, until 1t had
actually occurred Ibis doctrine, although
then quite rife, has long since been exploded
As the governor had the power to I'LL all va
cancies that might occur when the legislature
was net in session, and to issue commission:
to be in force until the end of the following ses
sion of the legislature, to give Governor Hunt
ington power to appoint a President Judge
who might contend for the place with the Pres
ident Judge appointed by the Legislature, II was
necessary that there should be n vacancy
Judge Peasc resigned after the adjournment o.
the legislature, few weeks before the explTa
ton of his term OF seven years for the purpose
of creating that vacancy. Governor Hunting
ton, residing at PainesyiIle, at that time, which
was also at that day the place of holding The
courts for Geauga County, and far distant, con
sdering the state of the roads from Chillicothe
the then seat OF the Safe government, was in
the practice of having blank commissions on
hand, properly feled, aud countersigned by
the Secretary Of State, that he could all up any
time. All the lawyers ut Painesyille on that
oecas on, were residents of the Reserve except
Elderkin Potter, who lived at New Lisbon :
Sampson King, who resided at Steubenvilie
was not present. He had commission sem
to him, Ibelieye by mail, but he did not aeceP
it.
There were various reasons for my own con
due, some Of which believe governed AL
} and some were applicable to myself alone
Governor Huntington and Judge Pease were
: desirOus TO throw mpediments 10 the way O.
the new President Judge. 1t was cOntendeC
that all the Judges removed by the resolution
Commonly called in that day the sweeping
resolutiOn) of the legislature, we're still con-
stituionally in Office. and ALL appointed to fil
their places, were unconstitutiOnaly appointed
This objection did not arise against Judge
Pease's successor; so the other ground was
taken, that the legislature had no power to an
ticipate the vacancy. We all thought hat Il
} would not be worth while to be made use of a.
mere cAts-paws in their quarrel with the leg.
| i - IL" 6 I,v-
one of the best men that ever lived in thil
country, OF any other, and warm friend o.
governor Huntington and Judge Pease, anC
Who slways remained so to the last day of his
life, thought that the war that they were wa
ging with the legis' atuIe, WIS not necessary;
believe he told them so, B. advised Us to have
nothing to do with governor Huntin2tOn's
commissions. had what thought then, anG
still think, private reasons sufficient for reject
ing the appointment, and which weuld have
governed me even il Mr.. Edwards had urgeI
me to accept it. Mr.. Ruggles, who was elected
bv the legislature as the successor of Judge
Pesse, was at that time, as / believe, personally
acquainted with no one on the Reserve except
governor Huntington, Judges Tod, Pease and
myself He and hsd become acquainted al
Marietta. He came to this STATE in the year
eighteen hundred and seven, the same yeaI
that did; we were both from the eastern
part of Connecticut aud consequently became
rather intimate. In the winter Of one thousand
eight hundred and nine l was at Chillicothe
and was there when he was elected. Immed.
lately after, wrote to him, for he was not at
ChilIicothe, oongrstulating him on his appoint
msnt That /, in common with almost every
other person, particularly on the Reserve, was
ANXIOUS that Judge Psase should be re elected
still if Judge Pesss must not be re elect
ted, there was no one would prefer to him
BsL. There seems slmost a eontrad ctiOn to
this, in what have written above, but it is lit
orally true, the very men. Nho voted articles
of impeachment against him, were anxious "a
re-elect him Leading members Of the legisla.