Year: 1860




lion is 59,732-being l73 votes less than a
majority of the electoral vote-and upon
these figures the Sacramento press announce
the defeat of the Convention. With them
"the wish may be father to the thought" as
all were opposed to the measure, but it is
evident they have fallen into an error, as
the following extracts from the Constitution
Of the State, and the law Of last winter au-
thorzing the election, clearly demonstrate.
The vote for members Of the Legislature, not
Presidential electors. governs the vote on the
Convention question. Section 2 of Article
X of the State Constitution reads


"And if, at any time. two-thrds of the Senate
and Assembly shall think it necessary to revise
and change this entire Constitution they shall
recommend to the electors at the next election
for members of the Legislature. to vote for or
against the Convention; and if it should appear
that majority of the electors roting at such
election have voted in favor of calling a Conven-
tion. the Legislature shall, ut its next session,
provide by law for calling Convention" etc.


And Section of the same law submitting
the question to a vote of the people says:


The Secretary of State shall prepare and lay
before the Senate and Assembly, at the COM
mencement Of the next session Of the Legislature,
A. D. 1861. or as soon thereafter possible, q
complete abstract of the whole number of votes
cast for and against Convention us, also, the
roteS for members Of the Legislature; ma jority
of the aggregate vote cast for members Of the
Legislature being an far0r Of a Contention,
said Convention shall be deemed to have been
called"


When the law was passed full discussion
was had upon the meaning of the above sec
ton of the Constitution. And while there
was no dispute as to the time the question
should be submitted-(at the election for
members of the Legslature)-there was a
wide difference of opinion as to the vote for
Convention being governed in any man
ner by the vote for members of the Legisla-
ture. 1t being contended by some that
although the vote upon both should he on
the same day, the elections were distinct, and
that only the expressed vote 'for" and
against a Convention, should be counted
in deciding upon the result. The same posi-
ton was taken by some members at the pre-
vious session, WHO contended that a majority
cast upon the proposition should decide the
question, and inslanced the calling of Con.
stitutional Convention in Michigan as sus-
tanning their views, where the mode of call
ing Convention were in the same words as
in our Constitution. But these opinions did
not obtain-ihe majority of ou: Legislature,
at both sessions deciding, that in order to
have the question successful the votes for
Convention must be equal to a majority of
those cast for members of the Legislature.


If our State election had been held in
September, as is required by law, except
upon the Years when Pres dent is to be vot
ed for, tle vote upon Convention would
necessarily have been east at ihA; time, and
no one would have contendel that the
Presidential vote in November could have
affected the result This being correct, how
can the Presidential vote become the guide
because the State and National elections this
year occurred upon the same day?


The Constitution and the law is plain. If
the vote for Convention is majority of
the votes cast for members Of the Legislature,
the question has carried; and we think i, has
been 10y decided Majority AS it will
scarcely be found that as great vote as
been cast in any county in the State for
members of the Legislature as for Presiden-
ta Electors. In this county alone the for
mer receives one hundred ;ssd ninety two
votes less than the latter, thus overturning
the majority of one hundred and seventy
three above uamed.


Some of the newspapers express doubts as
to the Constisution being improved by "A
! Convention now. The same misgvngs
would exist were the matter postponed twen-
tv years. When Convention is called let
the press and people see to it that the right
kind of men are elected, and there need be
no fears that sn improvement will not be
made.


1t is also an unfair assertion to say the
measure has been forced through, because
For IA Convention" in many counties, was
printed upon the tickets, and thus caus-
ed voters to cast favorable ballot unwit-
tinglv. Tie men who, from year to year,
have been the most earnest advocates Of a
Convention, are those most thoroughly iden,
tilted with the interests Of the State, and are
here as permanent citizens They have not
attempted to deceive voters, but have urged
them to vote for a Convention; and have