Historical Sketch of the Judges of the Supreme Court.

been declared ineligible to the office of Governor of Ohio, to which he had been elected the previous October, was elected an additional Judge of the Supreme Court on the 13th of February by the joint session of the General Assembly which also elected his colleague, Mr. Sprigg, to succeed Judge Symmes, who had resigned to accept the presidential appointment of Registrar of Land at Cincinnati. Owing to these changes the court, after February 13, was composed of Judges Samuel Huntington, William Sprigg, George Tod, R. J. Meigs, Jr.

The membership of the court remained as above until in December, when Judge Huntington resigned to become Governor of Ohio. He was inaugurated December 12. The House of Representatives had preferred charges early in the same month (December) against Judges Huntington and Tod, of the Supreme Court, and Judge Calvin Pease, presiding judge of the Common Pleas Court of the 3d District, for having, by certain decisions, set aside the act extending the jurisdiction of justices of the peace. Governor Huntington was not tried on these charges, but his associates were brought before the Senate, sitting as a High Court of Impeachment, and were acquitted.

In 1809, Judge Huntington having become Governor, and Judge Meigs having resigned to become United States Senator from Ohio, the Governor, in the message announcing these vacancies on the bench (January 31) recommends the abolishment of the fourth judgeship for the reason that it creates two courts of two judges each, which sitting at different parts of the state in riding the circuit, tend to disagreement in decisions, and consequent confusion. Despite this recommendation of the Governor, the Legislature elected (February 17) Thomas Scott (Chief Clerk of the Senate) to succeed Judge Huntington, and Thomas Morris (a member of the House of Representatives) to succeed Judge Meigs as an additional Judge. This created a court of four members, including Judges William Sprigg, George Tod, Thomas Scott and Thomas Morris.

Judge Morris failing to qualify as judge, the General Assembly abolished the additional judgeship the following session (1810).

In 1810, the first period of seven years having expired under the state constitution of 1802, the General Assembly, on February 10, met in joint session of the two houses and elected a new Supreme Court which served without interruption until 1815. This court consisted of Thomas Scott (to succeed himself); William W. Irwin, of Fairfield County; and Ethan Allen Brown, of Hamilton County.

In 1816 the General Assembly was called upon to elect successors to Judges Scott and Irwin who had resigned, and accordingly met in joint session on the 17th day of February, and elected to the Supreme Court,

Historical Sketch of the Judges of the Supreme Court.

Messrs. Jessup N. Couch, of Ross County; John McLean, of Warren County; and an additional judge in Calvin Pease, of Trumbull County.

The Supreme Court was thus increased to four members: Ethan Allen Brown, Jessup N. Couch, John McLean, and Calvin Pease.

In 1817 the re-election of Judge Brown to succeed himself continued the membership of the court as constituted the previous year, and this membership was unbroken until the resignation of Judge Brown in December, 1818, to become Governor of Ohio. On the 30th day of January, 1819, the General Assembly elected Peter Hitchcock, of Geauga County, to the vacancy thus created.

From 1819 to 1821 the judges of the Supreme Court were: Jessup N. Couch, John McLean, Calvin Pease and Peter Hitchcock.

In 1821, the death of Judge Couch led to the election of Jacob Burnett, of Hamilton County, one of the conspicuous figures in the Territorial Council and in the early history of Ohio, as his successor. The court thus constituted, being again changed in 1822 by the resignation of Judge McLean, Charles R. Sherman, of Fairfield County, was elected to succeed him on the 11th day of January, 1823, at which election the General Assembly also re-elected Judges Pease and Burnett.

From 1822 to 1829 the Judges of the Supreme Court were: Calvin Pease, Peter Hitchcock, Jacob Burnett and Charles R. Sherman.

In 1828 Judge Burnett resigned (December 11) and as his successor the General Assembly elected (February 6, 1829) Joshua Collett, of Warren County. The judges for 1829 being Calvin Pease, Peter Hitchcock, Charles R. Sherman, and Joshua Collett.

In 1830 the General Assembly elected the following judges of the Supreme Court: January 30, Elijah Hayward, vic: Judge Pease, term expired; February 1, John Milton Goodenow, vice Judge Sherman, deceased; the court thus consisting of Judges Peter Hitchcock, Joshua Collett, Elijah Hayward and John Milton Goodenow.

During the summer of 1830 the court was divided into two sections, sitting in separate localities in the state (under an act of the previous winter), but the illness of Judges Goodenow and Hayward, who finally resigned before the close of the year, deprived the Miami River counties. and those of central Ohio of the usual court. An attempt to hold a special session in Columbus, in October, resulted in the coming together of but two of the judges, who, deciding that they were not a quorum of the court and could neither sit as a court or legally adjourn, agreed to "separate," which they did, and nothing was done with the fifty cases on the docket. (See Governor's Message.) Henry Brush was appointed by the Governor during the year 1830 to succeed Judge Goodenow, resigned; no appointment being made to fill the vacancy occasioned by the resignation (November 6) of Judge Hayward.

Historical Sketch of the Judges of the Supreme Court.

In December, 1830, the Supreme Court Judges were: Peter Hitchcock, Joshua Collett, Henry Brush, and one vacancy caused by the resig nation of Judge Hayward.

On the 18th of December the General Assembly elected a successor to Judge Hayward in the person of Ebenezer Lane, of Huron County, and on the 29th of the month elected John C. Wright, of Jefferson County, to succeed Judge Brush, who was not a candidate before the General Assembly. Judge Lane took his seat at once; Judge Wright, on the adjournment of the legislature.

In 1831 and 1832 the membership of the Supreme Court remained: Peter Hitchcock, Joshua Collett, Ebenezer Lane, and John C. Wright.

Judge Hitchcock's term expiring on the 5th of February, 1833, there was a spirited contest in the General Assembly over the election of his successor. The election being ordered for the 16th of December (1832), on that day the assembly met in joint session, but after casting seven ballots, on all of which Reuben Wood, of Cuyahoga County, led, with Judge Hitchcock second and Benjamin Tappan third, the session dissolved without an election and the Senate returned to its chamber. The assembly was called together by another resolution on the next day (17th), and after twelve more ballots, Reuben Wood was declared to have been elected by a majority of one vote.

Several days later the correctness of the count was challenged by a joint resolution and an investigation of the count was ordered, but the title of Judge Wood to his seat was not disturbed by this agitation.

The court for 1833-1835 was composed of Judges Joshua, Collett, Ebenezer Lane, John C. Wright and Reuben Wood.

On February 2, 1835, the Governor reported the resignation of elected, on the fourth ballot, ex-Judge Hitchcock, at that time Senator from Geauga County and Speaker of the Senate, to succeed him. In this contest, Senator Anthony, of Clark County, was Judge Hitchcock's principal competitor for the Judgeship and was (March 6) elected to succeed him as Speaker of the Senate. Judge Hitchcock resigned as Speaker on that day.

From March, 1835, to February 10, 1836, the court consisted of Judges Lane, Wright, Wood and Hitchcock.

Frederick Grimke, of Ross County, was elected on January 30, 1836. to succeed Judge Collett, whose term expired on the 10th of February. By the re-election of Judge Lane for the period of seven years from the 18th day of December, 1837, and of Judge Wood, in 1839, the court as constituted in 1836 continued without interruption until 1842, viz.: Ebenezer Lane, Reuben Wood, Peter Hitchcock, and Frederick Grimke.

Historical Sketch of the Judges of the Supreme Court.

Assembly on January 15, 1842, to succeed Judge Hitchcock, whose term expired in February of that year, and Nathaniel C. Reed, of Hamilton County, was elected on the 5th of March, to succeed Judge Grimke, resigned. The court thus constituted, from March, 1842, to December, 1844, was composed of Judges Ebenezer Lane, Reuben Wood, Matthew Birchard, and Nathaniel C. Reed.

In December, 1844, the term of Judge Lane expired. He was promptly re-elected by the General Assembly on the 5th of the month, but remained on the bench only during the session of the court in Bank, when he resigned. His successor was elected on the 27th of the same month (December), in the person of ex-Judge Peter Hitchcock. The action of the General Assembly in re-electing Judge Lane to succeed himself in 1836 and 1844 was, with the exception of the re-election of Judge Wood, in 1839, contrary to the usual refusal of the assembly to grant consecutive terms to the members of the Supreme Court.

The members of the Supreme Court in the years 1845 and 1846 were Judges Reuben Wood, Matthew Birchard, Nathaniel C. Reed, and Peter Hitchcock.

On the 15th day of January, 1847, the General Assembly elected Edward Avery, of Wayne County, to succeed Judge Wood (term expiring), although the Judge was a candidate for re-election. From February, 1847, to February, 1849, the membership of the court was: Judges Matthew Birchard, Nathaniel C. Reed, Peter Hitchcock, and Edward Avery.

On the 22d day of February, 1849, the General Assembly elected as members of the Supreme Court: Rufus P. Spalding, of Summit County, for seven years from March 5, to succeed Judge Reed, resigned; and William B. Caldwell, of Hamilton County, for seven years from March 7, to succeed Judge Birchard, term expired.

The court for 1849-1850, consisted of Judges Hitchcock, Avery, Spalding, and Caldwell.

The last change in the court prior to the enforcement of the present constitution of Ohio was occasioned by the resignation of Judge Avery, and the election of his successor in the person of Rufus P. Ranney, of Trumbull County, on the 17th of March, 1851. The court served as thus constituted until "the second Monday in February, 1852," when the official term of the new officers elected under the constitution began. The membership of the court from February, 1851, to February, 1852, was Judges Hitchcock, Spalding, Caldwell, and Ranney.

Historical Sketch of the Judges of the Supreme Court.

JUDGES OF THE SUPREME COURT OF OHIO UNDER THE CONSTITUTION OF 1851

The constitution of 1851 contains the following provisions for the continuance of the authority of the Supreme Court:

SEC..11. Schedule. Suits pending in the Supreme Court in bank shall be transferred to the Supreme Court provided for in this Constitution, and be proceeded in according to law.

The personnel of the Supreme Court of Ohio has been, consecutively, as given below for the years named:

1852. On the 9th day of February, 1852, the then Supreme Court, which had been elected by the General Assembly under the old constitution, and consisting of Judges Peter Hitchcock, Rufus P. Spalding, William B. Caldwell, and Rufus P. Ranney, passed out of existence, and a new court, elected by the people of Ohio at the previous election in October, came on the bench in the persons of Judges William B. Caldwell, of Hamilton County (re-elected); Rufus P. Ranney, of Trumbull County (re-elected); Thomas W. Bartley, of Richland County; John A. Corwin, of Champaign County; and Allen G. Thurman, of Ross County.

On the organization of the court, the judges drew lots for the length of their terms, the lot resulting: For one year, Judge Caldwell; for two years, Judge Bartley; for three years, Judge Corwin; for four years, Judge Thurman; and for five years (the length of the regular term under the new constitution), Judge Ranney. Judge Caldwell was reelected in 1852, and Judge Bartley was re-elected in 1853, so the court remained as installed in February, 1852, until December, 1854, with the following membership: Judges Caldwell, Ranney, Bartley, Corwin, and Thurman.

1854-1855. Judge Corwin resigned in December, 1854, and was succeeded by Robert B. Warden, of Franklin County, who was appointed to the vacancy and served until February 9, 1855, when he was succeeded by Joseph R. Swan, of Franklin County, who was elected to the seat.

Judge Caldwell also resigned in the December term of 1854, and was succeeded by William Kennon, of Belmont County, who was appointed to fill the vacancy and then elected at the October election, 1854, to succeed himself.

The court for the year 1854 consisted of Judges Caldwell, Ranney, Corwin, Bartley, and Thurman, until the second division of the December term; and of Judges Ranney, Bartley, Thurman, Warden, and Kennon, from that time until February 9, 1855.

1855-1856. Judge Swan took his seat on the bench as the successor of Judge Warden and Judge Corwin (as explained above) on the 9th day of February, 1855, the court consisting of Judges Ranney, Bart

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