The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1848-11-18
Special Election.

Ine Onlo bbAte JouSnaIs inc WuS organ u Co'
lumbus. Of the oh inst. has the following para.
graph, which explains itself 80 sef e1
Y "The Governor has issued a writ for
holding Special EIe ction,l on Saturday
ihe 9th inst, in the counties oi Scioto
and Lawrence, for the choice Of mem.
Der Of the General Assembly from the
district composed Of those counties, to
all the vacancy occasioned by the re.
signation Of Joshua HambIeton ESQ.,
Mr.. Hambleton was chosen AT the an.
nual election, but was ineligible 10 the
Office by reason Of his holding the Office
Of Sheriff Of Lawrence county at the
time Of tho elec,ion.'' Il
Now in the above paragraph the Journal ad.
miis .hat Mr.. HambIe,on "was ineligible to the Of.
fee by reason Of holding the Office Of Sheriff"
This is admitting 1t once that II MI. Hambieton
had an opponent. that opponent is entitled 10 his
seat; because the votes cast for Mr.. Hsmbleton
might Is well have been cast for Queen Victoria;
and had she received the highest number Of votes,
she would have been just as much entitled to q
seat. constitutionally. as Mr.. Hambleton. The
constitution says that sheriff shall not be eligible
as . candidate, nor have seat in the General As
sembly. AZ Mr.. HambIston was Sheriff, tho votes
cast for him were, and ought to be connted ~ so
many scattering votes, and bis opponent, whoever
he may Be. Is and ought to be entitled TO the seat
This 10 . plain question, and one which the con-
stitution settles without the shadow Of . doubt.
Had Queen Victoria received the highest number
Of votes, upon the principle Gov. Bebb is acting
on. by resisning, she could prevent the peson re.
ceiving the next highest number Of votes from ta-
king his seat and therefore have new election u
not such q position most preposterous! al55
Almost similar case occurred in this county
less than four years since. Mr.. C. Yockey. at
the annual election 10 ls45. received the greatest
number Of votes for the Office of Sheriff Of this
county, and was duly commissioned by the Gov
ernor. Mr.. Patton. who was the next highest can
didate, contested the right Of Mr.. Yockey to, hold
the office on the ground thst he was an alien. This
proved to be true, although unknown to Mr.. Yock.
ey at the time Of the election; he being under the
apprehension that he under the age Of 2l years
when his iatk.r was..naturalized. The court deci.
ded without any hesi.ancy that Mr.. Patton was
duly elected Sheriff, and that the votes cast for
Mr.. Yockey were to be considered as 90 many
scattering votes. So ought the votes cast for Mr..
HambIeton bs counted. Would any person for q
moment contend that Mr.. Yockey could have pre-
vented Mr.. Patton from being Sheriff by resigning
the Office! II would be resigniag that which he
could not hold. even il he had no opponent Mr.
Hambleton resigns what he never had. and was In.
competent to gain. Article I, Section 26. Of the
Constitution reads as follows:
"SEc. 2s. 4 No judge Of any cour, OF
law or equity, secretary Of state, attor.
ney general, register, r,clerk Of any court
Of record, sheriff or collector, member
Of either house Of congress, or person
holding any office under the authority
Of the United States, or any lucrative
office under the authority of this state,
provided that appointments in the mil.
liza or justices Of the peace, shall not
be considered lucrative off cers,) shall
be ELIGIBLE AS A CANDIDATE FOR, Or haze
d seat in the general assembly" E