Semi-weekly North-Carolina standard. [volume] (Raleigh, N.C.) 1852-1853, 1852-10-13
REMARKS OF Mr.. BYNUM
OF RUTHERFoRn.

NHmAnhS Of MIX. BYNUM
OF RUTHERFORD,
Oenoerea IN the Sen0fe, on the 9Th instant, on IL.
,ested election case for Camden and Currit,ck 'O"'
MT. bynum then proceeded to address tho NJ.
upon the subject before the Senate. bavInn Chalr
the moor Tor that purpose previous to the ajonrnu
yesterday. 'Ou'nment
The proposition before the Senate s.;Iu
d., Is Two toLd, or rather tn ere are Two distin,
positions. The proposition on the mart of ,b &C. pro-
of Mr.. Barnard, IS, that the whole matto. friends
TO committee TO investigate and renort Tho te'
the senate, In order that may act npon The enh;
win all the lights that be afforded The nrcpo
sltion on the part of the friends of Mr.. Shaw -.
In the resolution introduced BY the Senat
rom Lincoln, is that from the Certificates n,oa,i
here on the part of Mr.. Shaw he is entitIeG -, I;
seat: These are the two distinct propositions wb,ch
are before the Senate. WHICH
NOW, SIT, propose to show to the Senate that tbe
is no evidence before them, acting in the capacity
ney oo actlng. say, in the capacity of iud ues i
this matter. which will Justify them in pronor5ci,n
decision as to who is entitled to the seat as Senao,
elect from the End district. And sir if any one will
take the pains to examine the act of the Assembly
which has reference TO this point, he can have M
doubt whatever in regard to it.
Sir, there are two sorts of Senatorial Districts !;
the State. There Senatorial Districts consisn~
OF one county each. And there are Senatorial Diss
trlcts consisting of more than county and the
law is clear and specific in prescribing what course
Shdl ue pursued In nose counties where than
one county compose Senatorial District TMr
Bynum here read from the Statutes Here he cou
tnued, IS a law which expressly provides that the
Shers other returning officers of the several coun
lies composing the Senatorial District shall assemble
and examine and compare the votes given in The
different counties; and that they shall then give
certificate under their hands and seals. Now Il con-
tend that no man can come here and properly claim
a seat as Senator, unless he produces evidence of
the fact that both Sheriffs assembled and distinctly
together as to who was elected. The act
provides that they shall meet together and that they
shall both examine the polls and compare them
The Senator from Lincoln, yesterday, made re.
mark to which desire TO call the special attention
of the Senate. think he laid down exactly the true
doctrine. think his position is exactly that which
Ought to govern the Senate in their action in this case
The position is this: that when there is an nformal
ty existing in the certificates, what are assumed
TO be certificates, which exhibited here, we as
Senators, ought to do, what it the duty of the
Sherifs to have done, at the time prescribed by law
and what they omitted to do. That is exactly the
true position But wish the Senate bear in mind
that if we to do what the Sheriffs neglected and
Jailed TO do, we must have before US the Slate
Of facts that the Shers had and that is all that is
proposed on this side of the House. All that
claim, all that desire, is simply that this matter
shall be placed in such position that we, as Sena-
ors, can know the true facts which exist.
Now, sir, looking at the act of the Assembly, it
must be clear TO every here present. that neither
IF the gentlemen who claim the seat IN this case has
uch evidence as the law requires, that he is elected
The evidence which is prescribed by the Statute IS
lot produced by either. The evidence which is re.
ured by the OF the Assembly is that they shall
roduce certificates under the hands and seals o. the
herfs other returning officers of the counties OF
Which the Senatorial District is composed, that they
re duly elected. Neither of the gentlemen in this
ase has produced offered TO produce any thing OF
kind. 1t is said that must be governed by the
we have that We must not 60 beyond the
ecord. Well, what is the record :! Is there any
hing in the law which makes the papers that have
cen offered in this case a record! is there any
hing in the law which authorizes the Senate to re-
Give the statements contained in these papers as evil
ence 2 Is there any thing in the law which antho
ises the Senate to act upon that which is nothing
more than the nipple declaration OF an Individual who
hooses to call himself returning officer?
Mr.. Bynum commented at considerable length on
he character of the certificate produced on the part
If Mr.. Shaw, pointing out its want of legality, and
ntimating that there seemed deliberate design on
he part of the person certifying TO omit the legal re-
uisies, because he feared the penalties which the
aw imposes for the making of false return
And, continued Mr.. B., We, as Senators, as per-
ons who are acting in this matter in the capacIlyo
Judges. called upon, upon no better evidence IMAM
paper, which appears under such suspicious ch'
paper which has not one solitary re'
usile which the law requires to vote that Mr.. Hla"
s entitled TO the seat. Sir, think it is requiring
more than was ever required of deiberatlve body
,efore. H.,
So far as this matter is concerned, l am perlecty
Wiling 10 vote upon it, when the facts are 0rousIt
properly before the Senate, but not until then II
]r. Shaw has been, as is asserted by the oeha!O'
rom Mecklenburg, and the Senator from LlncOn
nquestionably elected, if he has received malony
f the votes of the District, which he comes mere
epresent, why refuse the investigation In quss
ions of this kind, the object of the Senate oNg"
e 10 ascertain what the facts are before they Poce
act, and certainly think it would be maIe an%
eep reproach to the Senate of North Carolina, shcU
icy refuse TO investge the facts, and by teehnILa
ct, adopt certain course of proceeding lOl Lo
xpress purpose of preventing the elicitlng OIL "O
nth.
Mr.. Bynum continued, and in the course OIL mo ~
Iarks noticed many other points. He aoSe'e ,Ls
le fact that there was discrepancy Os'mo0", l,,s
nmber of votes recorded and the number OF Oa',
hen counted. He contended that they had no
ence before them upon which they were anthUlIfrr
lce him to vote that either of the claimants W. W.
,tited to the seat All that he desired was, ma'
10 matter should be reported upon by Comn''fgI H.
that the Senate might act understandlngy. ,o,
q not desire that it should be made party 'nd''oJ
9 was Influenced in the course which ne Pusu
desire TO promote the interests OF MS Pa,y ,.
e was acting simply as Senator oil Nor!n o
Ia, and in that capacity was required 10 luus0
e qualifications of persons who claimed 10 DC
led 10 seats in that body. This he was unaoIg L;ob
unless he were furnished with facts upon "Hi''
form his judgment.
By the new Constitution of the State Of Indiana
lIRn0n