The Nevada journal., 1861-03-29
Tho Kno.ry seA..orial Question.

IL appears that mistake was made by
the presiding officer of the late Legislative
Senatorial joint convention in declaring
Gen. McDougall TO have received majority
of all the votes cast, and therefore elected
to the United States Senate in the place ol
VIM. N. Gwin. A mistake was made by the
tellers, il the reported proceedings of the
convention can be relied on. They report
sd one hundred and eleven voter cast in all,
whereas there we're enc hundred and thir-
teen. AZ Gee. McDeugall received ffty six
votes. the presiding officer, supposing The
count to bs correct declared AcDougsll le-
gally elected. That a. srrsr Was commit
ted 10 acknowledged, but It 10 contsnded
that the error cannot be rectifed. The law
points out the mode Of electing . U. S.
Senator and provides that the Governor
shall issue credentials to the successful
candidate on the certificate Of the presiding
officers Of the two houses. A certificate in
accordance with law has been sent the Gov
ernor, certifying that Gen. McDougall has
been duly elected. The error in the count
of the tellers and the error in the declara-
tion of the presiding officer is admitted
The question arises, what is the duty of the
Governor in the premises 1t is debated
with considerable zeal and ability. The
most prevalent opinion seems to be that the
Governor has no right to go behind the
record to see if any error has been commit
ted, but that be must be governed solely by
the certificate of the presiding officers OF
the joint convention. The position is
maintained with tenacity, that though Gen.
McDougall was not really elected by the
Legislature still he is U. S. Senator by q
trick or blunder and there is no remedy.
We happen to entertain a different view.
Either McDougall was elected or he was not.
He could be legally elected only by receiv-
ing majority of all the votes cast. He
did not receive that majority according to
the best information We can gather and
therefore is not legally elected. What are
the Governors duties IN the case? If no
question had arisen as to the validity of
Gen. McDougall's election and the Gever-
nor had no doubts of its validity, the au-
thority of the certificate of the presiding
officers of the convention would have been
sufficient to authorize him to place his sig
nature and afix the great seal of the State
to the credential. But question has aris-
en-. Nay, more, it is determined that an
error has been committed. The Governor
can now say justly; ''true, the forms of the
law have been complied with, but the spir-
it of the law is wanting. The spirit of the
law requires that to constitute man U. 5.
Senator he must receive a majority of all
the votes cast am here to execute the
spirit of the law, and cannot sanction a
fraud by the use of my name and the seal
of the State This is the duty of the Gov
ernor, else why is his name and the highest
authority of the State required to the ere
Dental of T. S. Senator? If the certifi-
cate of the presiding officers of the joint
convention is the highest authority why
was the Governor made machine to de-
grade the State and his high Office bysanc-
tioning the blunders or frauds of men be-
meath him? The Governor is put in that
very responsible position he now occupies
to interpose check on the errors and abus-
es of the Legislature while acting as well
in ministerial as legislative capacity. He
should not under the circumstances COM
mission Gen. McDougall.
There is remedy. The Legislature in
this matter is competent to correct its err
rors. 1t can determine by commission or
otherwise that ar error has been committed,
and can so declare by joint or concurrent
resolution. 1t can go into joint convention
again and elect a U. S. Senator, who can
bear with him to Washington the creden-
tial required by law, and no one supposes
that Gen. McDougall, the facts being given
to the U. S. Senate, could procure seat in
that body in opposition to another gentle
man who should present himself propcrl,
authenticated.