1861 United States Senate election in California

The 1861 United States Senate election in California was held on April 2, 1861, by the California State Legislature to elect a U.S. Senator (Class 3) to represent the State of California in the United States Senate. The legislature had previously attempted to elect a senator from March 9–20, culminating with McDougall's apparent victory on the 22nd ballot; however, it was subsequently found that McDougall had not received the requisite majority, and his election was rescinded.^[1] In a special joint session, Anti-Lecompton Democratic former U.S. representative James A. McDougall was elected over Lecompton Democratic newspaper editor John Nugent.^[2][3] McDougall was elected with Republican support.^[4]

Two-term Democrat William M. Gwin was re-elected in 1857 following the failure of the California State Legislature to elect a senator in 1855. He was not a candidate for re-election.^[5]

The California Democratic Party was divided between proslavery Chivalry or Lecompton Democrats, and free soil Anti-Lecompton Democrats. The 1860 U.S. presidential election multiplied these divisions, producing splits between supporters of the presidential candidacies of Stephen A. Douglas and John C. Breckinridge, and between Lecompton and Anti-Lecompton Douglas Democrats. The Constitutional Union Party, composed of conservative former Whigs, was of minimal importance. California Republicans were able to capitalize on the bitterness between the Democratic factions to carry the state in the national election with less than one third of the votes cast.^[6]

Gwin's term ended on March 3, 1861, without the legislature having chosen his successor.^[7] On March 9, the Senate and the House of Representatives met in joint session to hold an election for the next term.^[8] Anti-Lecompton Douglas Democrat James A. McDougall, Breckinridge Democrat John B. Weller, Republican Timothy G. Phelps, and Lecompton Douglas Democrats James W. Denver and John Nugent were the major candidates.^[9]

Several coalitions of various factions were attempted during the balloting. Lacking the votes to elect their own candidate, the Republicans threw their support to McDougall in order to forestall a coalition of the Breckinridge and Lecompton Douglas Democrats.^[10]

After multiple rounds of voting spread out over several days, McDougall was apparently elected on March 20 with 56 votes on the 22nd ballot.^[11] Subsequently, it was discovered that McDougall's total fell one vote short of the requisite majority for a legal election. The joint session reconvened on April 2, when McDougall received the necessary 57 votes on the first (23rd overall) ballot.^[12]

On the 22nd ballot, the votes for Anderson and Casserly were omitted from the official tally by mistake, and McDougall was erroneously pronounced elected with 56 votes—one short of a majority with the votes for Anderson and Casserly included.^[19]

• California (1861). Journal of the House of Assembly of California [...] (PDF). Sacramento.
• Hittell, Theodore H. (1898). History of California. San Francisco.