Year: 1861

ly arguing the law in this case, or was quib-
bling?


Mr. Dongherty said the nature of the ques-
ton showed that it did not require an an
sWer.


Mr. Harris asked if the gentleman was in
favor OF Gen McDougnl's taking his seal in
the United states Senate without an election
oy majority otthe Legislature of California?


Air, DoughcrtY replied that the -enMemHn
would he able to draw his answer from his
argument before he should conclude


MIR. Harris said he supposed the gentleman
could give categorical answer-yes or no.


Air. Dougherty said if an error had taken
place, and it was the disposition and will of
the body in which it took place to meet and
proceed to correct the error then it was their
duty and their province 10 do so There was
no doubt of the willingness Of General Me-
Dougall and his friends to take that course,
ana he had no doubt of the willingness uf the
great majority ofall parties to meet and COR
rect any errors which might be ascertaiued.
lie was willing to vote for Joint Conven-
ton tor that purpose, but at the same time he
held that General McDougal, hy re,i vltg
the certificate, was the Senator according to
the law.


Mr.. Montgomery desired 10 ask another





derstand that it was the certificate of the
Governor or the votes of the members of The
Legislature that made the Senator?


Mr. Dougherty said the statute had pointed
out the duty of the Convention and the pre-
siding officers of the Convention. and the
duty OF the Governor The Legislature had
met III Joint Convention, and were presumed
to nave discharged their duty as appeared
by the certificate IN de 10y its officers and
placed in the hands of the Governor, or in
tended to be, and if the Governor did his
duty as required by the statute he would is
sue his credentials. After the certificate was
made out there was claimed to have been
discovered an error in the count, but upon
the testimony there was doubt upon that
point, and if the Governor gave his certili-
cate Gen. McDo gall was Senator


Mr. Montgomery said still his question was
not answered. If Gen. McDougall bad re-
ceiN ed majority of the votes would he not
have been Senator before the Governors
certificate issued?


Mr. Dougherty said the gentleman's ques-
ton presupposed that aft an election had
taken place they could go behind it and
vitiate it by saying it had not taken place


MIR Montgomery said the gentleman mis-
understood him. He asked if il was the
Wv q u"t ceIt"chte OF Ii MAJORITY OF votes
that made the Senator?


Mr. Dougherty said he took the position
that the result of the ballotng at the momeLt
OF the announcement made the Senntur That
announcement was certified to the Governor,
and he could not so behind it, But he was
by no means opposed to going into Joint
Convention again, lie was ready TO go into
Joint Convention at the earliest possible
moment Although Gen. McDougnll was U.
). Senator beyond any alternative, yet he
was high-toned, honorable and patriotic
gentleman, and not willing to represent the
State without an election 10y an undisputed
majority. While his friends took the posi-
ton he had stated, yet, in spirit of magua-
nlmity and concession to the true spirit Of
Democracy, they were willing to waive their
advantage 90 into Joint Convention again.
go through an election, and re-indorse Gen
McDcugals election.