From Albert Gallatin
[8 Jan. 1803]
The Constitution of the State of Ohio requiring that a man to be eligible to the Legislature should not hold any office under the United States, and the election taking place on Tuesday next, Colo. Worthington who is a candidate has been obliged to resign his two offices. He wishes the resignation may be accepted on Monday.
Mr Ellicot claims compensation for the service mentioned in the within Letter. This cannot be done without your approbation & is on the whole rather embarrassing. If you think, however, that on his own declaration it is just that the expence should be reimbursed, I will try to find some mode in which it can legally be done, though I apprehend a specific appropriation will be necessary.
With perfect respect and attachment Your obdt. Servt
RC (DLC); endorsed by TJ as received from the Treasury Department on 8 Jan. and “Ellicot Worthington” and so recorded in SJL. Enclosure: perhaps Thomas Worthington to Gallatin, 7 Jan. 1803 (not found, but see below). Other enclosure printed below.
According to Article 1, Section 26 of the constitution of the state of ohio, no person “holding any office under the authority of the United States” was eligible to take a seat in the general assembly (Constitution of the State of Ohio [Chillicothe, 1802], 3, 9). In a letter dated monday, 10 Jan., Gallatin wrote Worthington: “Your letter of the 7th. instant, in which you resigned the Offices of Register of the land Office for the District of Chillicothe, and Supervisor of the internal Revenue for the North west District, was laid before the President of the united States, who has accepted the resignation on this day” (Gallatin, Papers description begins Carl E. Prince and Helene E. Fineman, eds., The Papers of Albert Gallatin, microfilm edition in 46 reels, Philadelphia, 1969, and Supplement, Barbara B. Oberg, ed., reels 47-51, Wilmington, Del., 1985 description ends , 7:920; see also TJ to Gallatin, 13 Jan.).