The Georgetown news., 1856-01-31
Speech of Hon. j. G.. McCallum.
On the resolution to postpone the SenatoTl
Election.

AHC ldCG, IndL Vi Il6 lOul OOh"'oi
upon this floor representing one OF the
largest counties of the State, l have
heretofore voted alone in opposition to the
many motions which have been made to
postpone the consideration of this subject.
and in favor of all measures to bring on a
joint convention at an early day, will be
deemed sufficient apology, if apology were
expected, for saying word in justification
of my vote.
| sincerely desire to vote wisely and hon
eStly upon this very important question;
therefore have listened attentively, and |
think impartially, to the arguments which
honorable Senators have offered in favor Of
an indefinite postpOnement, or what is the
same thing, in favor of resolving that we
will at no time during this session go into
joint convention-that we will not this year
elect United States Senator.
What are those arguments Senators Of
fer? The honorable Senator from San
Francisco has argued that the manner pro-
posed by the resolution is not the legitimate
mode of electing Senator, and he reads
from Chancellor Kent authority which
proves the contrary proposition, namely {:
that although the question may have been
raised in the earlier and purer days of the
Republic, that the proper mode was by the
two Houses in their separate capacity, and
successfully maintained; yet that long estab-
lished precedent had settled the doctrine of
electing by joint ballot.
But the Senator admits that such an cleo
tion would be considered legal by the Uni
ted States Senate, and that whoever may
be so elected will receive his seat. All the
Senators California has ever had at Wash
ington, and the only one she has now, were
so elected and three-fourths of all the Uni
ted States Senators were so elected, and
the legality of that election has never been
questioned in that august body, the United
States Senate. Even had the Senator es-
tablished his premises, the conclusion would
not follow.
He objects to the manner Of the election,
and gives that as a reason for voting for an
indefinite postponement of the whole sub
ject matter; but this speciouS argument
has failed to produce conviction upon any
mind. Indeed, as a serious proposition, [
did not understand that the Senator believ-
ed it himself. | regarded it rather as a dis
play Of learning in which there was much
to admire; yet the Senator, like Belial.
'would teign make the worse appear the
better reason"
No Senator can seek refuge under any
law, or shadow of law, or even by prece-
dent. am not aware of any precedent in
any State of the Union, where there was a
vacancy in the representation of the United
States Senate. But, on the contrary, he
who votes against going into convention
this session, votes in disregard of the law
of the State and of the constitution of the
United States, which Senators are sworn to
support. This is a serious proposition, and
no less true than serious, and easily proved,
or | would hesitate before making it.
l read from Statutes of 1855, page 1I2
This provides not only the time Of the cleo
ton, but the manner of it, and this law was
passed mainly by Democrats at the last ses-
sion, when that party had large majority
in both branches Of the Legislature. The
Statute reads:
Section ! All regular elections for Uni
ted States Senators for the State, shall be
held after the first day of January next pre-
ceding the commencement OF the term which
is to be filled. All special elections shall
be held at any session of the Legislature, at
which vacancy or executive appointment
shall be reported by the Governor.
Section 2. Provides that whenever any
election is to be held for United States
Senator in pursuance Of the Constitution of
the United States, the Senate and Assembly
shall meet together, or such day, and at
such an hour as may be agreed to by both
Houses, and by joint vote proceed to the e.
lection.
But the Constitution ofthe United States
requires the election. read from Art. l,
Sec. 3, as follows of the U. S. Senate:
"And if vacancies happen by resignation
or otherwise during the recess of the Legis-
lature of any State, the Executive thereof
may make temporary appointment until the
next meeting ofthe Legislature, which shall
then fill such racaacies."
The vacancy which we propose to fill, oc-
Cured during the last session of the Legis-
lature, therefore the Governor could not
appoint, that vacancy still remains, and the |
law of the State and the Constitution of
the Union both peremptorily demand that |
it should be filed. To do that it is neces-
sary to go into joint convention, which
have refused to do.
1t is said that the people do not want a
Senator Of that party now in power, and it
is argued that although the present Gov
ernOr was elected by nearly 5000 majority,
that other gentlemen upon the State ticket |
were elected by only 1000. 1t is the Le-
gislators whom the people have elected to
give them Senator; those members of the |
Assembly and of the Senate, who have
come fresh from the people, are the repre-
sentatlves of the wishes of the people. And
behold their number-5O,000 American
votes were cast for the American ticket
A larger vote by far than was ever given
in favor of any party in California.
The peoples will is evidenced bv the |