The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1848-11-25
From the Marion Democratic Mirror.
Business for the Legislature.


next should one be conve.
ned-will have business enough in the
way Of settling "contested seats" 10
keep the members thereof busy Tor sew
eral weeks. The Senate when organ
lied will be tied, for the reason that
those having certificates will take their
seats whether they are, in justice, ensl-
tied to them or not.
The whig candidate for Senator In
| Montgomery and Preble was acting
sheriff at the time OF his election. The
constitution on this subject is so plain
and shows SO clearly and conclusively
that no sheriff can be eligible as can.
didale for the General Assembly, or
take his seat after being elected, that we
think the seat will be awarded TO the
democrat. In law. the democrat was
the only candidate before the people,
and therefore is entitled to his seat. II
wings dO not see proper to run candl.
date, they should not censure the dem.
ocracy for claiming the election Of their
candidate. Or if they run man whom
the constitution clearly forbids, they
run none .! all. Wings, who claim to
be the Intelligent party, should nd
grumble at their own folly, or seek to
screen themselves by setting up their
ignorance of the la,O. am a.e
In the House the wings have elected
sheriff from Clinton county, and also
one from Scioto and Lawrence. Ne.
ther of these members hold their seats,
for the reason above mentioned. 10
Portage county the wings voted Tor Da-
vid r. Rockwell and Daniel Rock
There being material difference in
the sound OF The names, we believe the
law would decide that they were two
men. The democratic candidate hav-
ing received more votes than David K.
Rockwell, will Of course take his seat.
We understand that the whig will con-
test his seat.
The wing candidates from Cincinna
ii will also contest their seats in the
House, yet not with the same result Of
the other cases, OF for the same rca.
sons. The Cincinnati Enquirer in speak.
ing Of this subject says: The law ex.
pressly apportions "I'o The county Of
Hamilton two Senator'S and fve Repre-.
sentatives." We quote its precise cords.
There is no such thing as Representa-
tives oil The first District. and Represen-
ta,ives of the second District, - they
are each and all Representatives OF The
county. They could not be any thing
else. Representatives shall be appor-
toned among the countless" says the
constitution. The binding force and
obligation Of this clause is settled by
whig argument and authority in the
case OF Belts Us. Chandler, in l845,
and the Gazette man is welcome to try
his teeth upon the action of his party
friends in that case. ISL
The law is simply this, that two Sen.
ators and five Representatives shall be
allotted to the whole county land shall
be elected by voters Of different parts
Of The county respectively. 1t under.
takes to create--not Representative
districts.-but election districts. tmakes
these Senators and Representatives the
Senators and Representatives Of the
whole county, and Of every voter in it;
but assumes to say that every voter
shall not vote for a portion of them.
Now, the first part of this is in accord.
ance with the constitution, and can he
enforced-the second part is directly
opposed to the constitution, and is im-
possible of execution.
The practical Illustration Of this is
manifest in the case now presented. A
major Tity of the citizens of the county,
looking into the constitution, and find
ing there the peremptory provision that
Representatives shall be chosen annu'
ally by the citizens of each county re.
speclively,' have exercised their right
to vote for the Representatives allotted
to this county. A majority Of the
judges have Eel. clear to receive, count
and return their votes, and have so
done. Upon the face Of the several ab.
stracts from the wards and townships,
it appears that Pugh and Pierce. Long,
Roedter and Armstrong have the high
est number of votes; and the clerk and
Justices must be governed by those alb.
stracts in their count-for thev cannot
add nor subtract a vote, nor throw out
a single return = but must be governed
by those returns absolutely. According
Iy, their abstract, when made up, shows
that the gentlemen above named have
tie highest number Of legal votes, Of
citizens ofihe county, and the fact isso
certified. Clearly, therefore, the GER
tifcate Of election mast follow this fact.
The purpose Of the whig law is plain