Daily national Democrat., 1861-03-31

McDougall's Election.


worthy Of the body. Instead of confning
itself to facts, it undertook to cast reflections
on the motives Of the candidate who had
been pronounced elected The business of
the Committee was to see whether there had
been a miscount of the votes in the last bal
lot for Senator, and to make recommends
tions.
The report concludes that McDougall was
not elected, and recommends the adoption Of
a Resolution declaring that there has been
no election. Why did the Committee not re-
commend the calling of another Joint Con-
venlion to reotfy the alleged mistake? Are
they afraid that McDougall will be elected :?
Do they want to cheat him out of an cleo
ton, because Of a mere mistake in the count
ing Of ballots for which, if it happened no
one was to blame2 The Committee was very
rebuked 10y both houses, for their
report was recommtted to them with instruc.
tion5 to conhne themselves to the subject
matter before them.
''S NbihNiibD leS Rpi1 was 40 lOIlONS,
1t appears from much of the tie timonv ta-
ken 10y the Committee, and herewith SUI =
n,itted to the Assembly, that there were | 3
votes cast upon the last ballot ard thai no
person received more than 56 votes, which is
less than majority Of all; while from the
testimony of other witnesses this fact is not
established In view of The fact that there
was great confusion during the last ballot as
well as after it had been taken during which
time many changes were made from one can
didate TO another, it is possible that errors
may have been made 10y the Tally Clerks
The testimony also shows that one vote
was cast on the last ballot contrary to the
rules OF the Convention, Notwithstanding Oh
iections were made TO the vote so given. 1t
also shows that one witness who kept a care
ful tally OF the votes cast, believed from his
count that Gen. McDougall was elected with
out bis vote, and he gaze it to another candi
date, which he testifes he would have given
TO McDougaIl if such vote had been required
TO elect him. 1t is also well known that on
ly Ill votes were cast on any ballot during
that day, before the last, if then.
These circumstances, in connection with
the fact that the officers of the Convention
voted for the opposing candidate, as also that
the tally clerks had some ten or fifteen min
utes in which 10 make up a statement of the
vote of the ballot, and before the announce
ment was made by the President, render it
highly improbable that an error should be
made, articularIy in favor of the candidate
declared elected. Inasmuch, therefore, as
doubt exists us to whether there was an elec.
tion or not, the undersigned would reconl-
mend that the Assembly concur in the Sem
ate Resolution for Joint Convention on the
29th lust, to elect Senator
A Joint Conventon There's the point
The opponents of McDougall don't want a
Joint Convention. They are very willing to
declare that there was miscount in the ball
lot on which he was pronounced elected but
they don't want it tried over again. They
are satisfied that had another ballot been
taken, he would have been elected, without
any difficulty, and they are afraid of the re-
suit of the very first ballot that may be taken
in another Joint Convention.
A very fair idea of the position of General
McDougall and his friends, on the one hand
and the position of his opponents on the
Other is given in the subjoned remarks Of
Mr.. Dougherty, with the Interruptions of Mr..
Montgomery Mr.. Harris and Others. We
copy from the Unions report Of proceedings
Of Friday, in the Assembly:
Mr.. Dougherty said it was evident. from
the report ofthe majority, that in their iudg-
ment no election of Senator had taken
place, and hence they ask this House to adopt
their report. This was an important mat. el
and without a precedent in the history o.
our country, and it should be dealt with in a
spirit of candor and devotion to duty. He
wanted none but a strictly legal and consti-
tutiOnal course to be pursued and a course in
accordance with the facts There were two
reports, and it appeared shat some of the
witnesses before the Committee had come to
the conclusion that only Ill votes were cast
and hence Gen. McDougal was not elected
while Others, with whom the majority of the
Committee agreed, came to the conclusion
that there were ll3, and consequently no
election. The witnesses had not all agreed in
their recollection of the facts. He mpugned
the motives of no one, but it was evident that
there We're differences OF opinion III the Com
mittee, and differences of statement under
oath had occurred. Such differences of opin-
ion should increase the doubts justly existing
in their minds, and debar them from hasty
and inconsistent action. He regarded these
reports OF the majority and minority as Civ
ing rise to doubts before the country, as to
whether Gen. McDougall had failed Of an
election. The evidence clearly showed that
there was doubt, and hence, as member
sworn to support the Constitution of The
State he could not sustain or subscribe to the
recommendation of the majority of the Com
mittee. He objected, also, to that report be-
cause of its obscure doubts, careful inuendoes
and insinuations upon a responsible and high
toned gentleman, involving, also, the integ-
rity of the Executive of the State as to a So
called mystery" about the giving of the GER
tifcate. The Committee was appointed for a
specific purpose, which was to investigate
the facts as to the election, and not to report
their deductions or conclusions Again, one
resolution asked the Governor to violate his
duty by Withholding the certificate of cleo
tion from James A. McDougall, upon the cer-
titicate of the President and Speaker The
Governor could not legally go behind that
certificate. 1t was prima facia evidence Of
his election and the duty of the Governor to
issue credentials on that certificate was i'm
perative. lie would say further, that if the
Governor did issue credentials McDougall
was Senator irretrievably for the next six
years. But they were now dealing With the
preamble. They were to base their action
upon testimony going TO show that there
We're Ill votes, aud also that there were ll3
votes cast He hoped they would not act
hastily upon this unprecedented matter, de-
Gliding perhaps prematurely and unjnslly,
and marking page in the history of Califor-
MIA, which they and others might hereafter
regret.
Mr. MontrOr,orxy ii Io 4 ! ,,.o4 I. Al .