recovering judgments, contrary to the twenty-ninth section of the justices' act and the fifth section of the act organizing the judicial courts. 3. That sitting as presiding judge of the Third Circuit, he had decided on various occasions that the court had full power to set aside, suspend and declare null and void the fifth section - of the act defining the duties of justices of the peace. I have copied these charges from an article written by Gen. Crowell, of this city, and published in the Western Law Journal, and he informed me that he copied them from the State records at Columbus. The charges against Judge Tod were, substantially, that as a member of the Supreme Court he had affirmed the judgment of Judge Pease. On the first charge against Judge Pease the vote was unanimous for acquittal; on the second, for conviction, 15, for acquittal, 9; on the third, for conviction, 8, for acquittal, 16. The Constitution requiring a concurrence of two-thirds of the Senators to convict, both Judges were acquitted. The public reception of the recent decision of our Supreme Court deciding the Pond law unconstitutional, marks the change on that subject in public opinion since 1808. These impeachment proceedings did not shake the confidence of the public in the ability or integrity of Calvin Pease and George Tod, for both afterwards occupied prominent public positions. Judge Pease, in 1815, was appointed Judge of the Supreme Court of the State, and held the office two terms. Judge Tod was appointed the same year President Judge of the third circuit, and held the office two terms. Judge Pease was a man of few words, but expressed himself with great force and clearness. His wit was overflowing and sparkling. About 1836 the Whigs in the State of New York achieved quite a victory over the Democrats, an unusual event in those days, and a great jollification meeting was held at the old court house in Warren, and eloquent speeches were made by leading public men; and among them, if I am not mistaken, was Judge Daniel R. Tilden. Judge Pease was sitting at the bar table quietly enjoying the hilarity of the occasion. The audience began to call for him and were clamorous for a speech from him. He arose and said: "I feel like adopting the language of Simeon of old, Lord, now lettest Thou Thy servant depart in peace, according to Thy word, for mine eyes have seen Thy salvation which Thou hast prepared before the face of all people. A light to lighten the Gentiles and the glory of Thy people Israel,'" and sat down amid tumultuous applause. Judge Tod was a learned lawyer and a cultured gentleman. His speeches on public affairs were able and eloquent. He made a profound written argument on his impeachment trial, which has been preserved by his descendants, in which he has asserted in a scholarly manner the right and duty of the judiciary in a proper case made to decide on the validity of the law. He was a friend of common schools and a patron of agriculture. The first agricultural society in Trumbull county was organized in 1817, and he was elected its first president, and was connected with it many years. Thomas D. Webb was a lawyer, and in many respects a man of mark. He was the best posted lawyer in the history of the Western Reserve land titles I have been acquainted with. He had the energy of investigation into the minutest details, and a retentive memory that enabled him to profit by them. He was editor of the Trump of Fame, the first paper published on the Western Reserve. At the time of his death he had in his possession all the volumes of the published laws of Ohio from the organization of the State. His frankness was unusual. He was not a great advocate, but he was entrusted with important legal business, when such lawyers as Peter Hitchcock, J. R. Giddings, Elisha Whittlesey, Seabury Ford, Benjamin F. Wade, and Eben Newton were practicing lawyers at Warren and throughout the circuit. Mr. Webb was offered and refused the office of president judge of the third circuit made vacant in 1810 by the resignation of Calvin Pease. The early settlers of the Western Reserve, for the noble purpose of bettering their condition, left old settlements where comforts were abundant to found new ones where they were comparatively few. Not having a surplus of means they proposed to earn them, by setting up for themselves and executing their own plans instead of being the mere executers of the plans of others. This developed in them true manhood. Clerks and employes they might have been among the kinsfolk and friends. they left behind them, but this did not suit their plans of life. The command that "in the sweat of thy face shalt thou eat bread," they did not regard " a mistake of Moses." If intended as a curse, they turned it into a blessing. Hence all useful labor of hand or brain was regarded as equally respectable, and the farmer, the mechanic, the merchant, the artizan, and the professional man were on terms of social equality. Occupation was not the ground of social ostracism among the early settlers. Their habits and circumstances developed in them an independent personality which dependence tends to destroy. The facilities of trade and commerce were quite limited, with little circulating medium as an agency of exchange. They used due bills and notes payable in commodities, raised or manufactured. I found a few years ago among my father's papers one of their mediums of exchange, which is worth more than its face as evidence of the manner in which the early settlers transacted business. I will read it: "Four months after date I promise to pay to Samuel Hutchins one dollar and fifty cents, for value received, in twelve pounds of good pork. Vienna, September 10, 1812. Jacob Humason." Just seventeen days before the date of this paper I made application to my father's house for board and lodging. Whether this fact had any connection with my father's desire to add to his supply of pork, I do not know. The maker of this note was a good scholar for those days, as the note indicates. He had been educated in the schools of Connecticut, and the style of writing is the old style-the George Washington and John Hancock style. The early settlers were subject to many privations, and at times to multifarious inconveniences to which we are strangers. They encountered evils with which they had to struggle. They wrestled with intemperance, and some of them were thrown by it. The times are now largely changed, for better or for worse; for better in many respects, and in some for the worse, I fear; but that may depend upon the manner we heed the lessons the early settlers have given us. Cleveland, as well as the whole. country, has made rapid advancement in wealth and population. When your honored President came to Cleveland in 1824, to make it his home, it had only a population of about four hundred, and its mechanical, manufacturing and mercantile capital was then quite limited, but probably adequate to the wants of the country. It now contains a population of over two hundred thousand, and its wealth and the means of producing it have prodigiously increased. The increase of wealth and population of a country and city is generally regarded as evidence of their prosperity. That depends largely upon the character of the population and the manner in which wealth is employed. idle population is likely to be vicious, learned or ignorant, rich or poor, and adds little, if any, to the prosperity of either city or country, and wealth which is employed exclusively or mostly for the selfish aggrandizement of those who possess it, is not a blessing without alloy. "Ill fares the land, to hastening ills a prey, An General Garfield, in September, 1880, when he was candidate for President of the United States, on the Northern Ohio Fair Grounds made a few remarks from which I make brief quotations: "All who have thoughtfully considered the reports of the National census during the last thirty years have observed the great growth of our cities and the comparatively small growth of population in our agricultural districts. * Let me ask you to reflect whether this is a good indication. I have time to notice but one feature of this problem. A careful study of the men who have won distinction in every field of activity, public and private, professional and commercial, will show that a large majority of them were born and bred in the country. * Gentlemen, would you willingly see the present tendency continue until the majority of our people are the inhabitants of great cities? * * * I see at this table lawyers and merchants whose eyes brighten at the remembrance of their country homes. One of the prominent lawyers and jurists of this State-an honored citizen of your city-does not regret his pioneer life in the woods of Portage county. I am sure that Judge Ranney does not regret the hardships and inspirations which country life gave to his boyhood." More than twenty years ago, Benjamin F. Wade, then a Senator in Congress, in a conversation I had with him, expressed thoughts similar to those I have quoted from General Garfield's remarks. In connection with this subject it may be well to notice that none of the men who have been elected President of the United States were born and bred in our large cities. Only one of the present judges of our Court of Common Pleas was born and bred in the city of Cleveland, and he was born of parents who were among the prominent early settlers of Cleveland, and who believed with Solomon, "in training up a child in the way he should go." In our cities the "Fagans," the "Bill and Nancy Sykes" have their hiding places, and intemperance, followed by its ghastly train of evils, and seeking to perpetuate itself by the inherent tendencies of its own demoralization, has its strongest support in our populous cities. Our large cities are the centers of wealth and capital, and in them combinations are liable to be |