Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1817-04-18
RlCHMOND. APKIL IS.
INTERESTINGIAW GAS;

dre~ Broad,t'S, Of Caroline County,
man of consummafe eloquence in his
calling. Two or three years ago, he we'd
ded a lady, who was sister of his
first wife This excited much CONVEX.
sation at the time, and the propriety of
the law, which forbid it, was variously and
seriously canvassed. The matter was
brought into the public papers and ii
nally at the instance of some persons, a
bill was fled by the Attorney General Of
the State, before the Court of Chanccry for
this District. The result of that investiga-
tics Is given i'm the following statement.
=" You will perceive (said the gentleman
who handed it for publication that there
was no objection TO the Act of Assembly,
SO far rs il restrained marriages within cer-
tain degrees; nor to the power ofllie Iegisla
ture, to confer jurisdiction of such cases
on the courts of Chanccrv: but the obiec-
ton went to the mode of trial, and upon
that ground, the jurisdiction was denied:
had the legislature, in comforting juris-
diction upon the court of Chancery, ex-
empted the defendants from any prosecu-
ton, on account oftheir answering, and
left il with the court, to declare The nullitv
OF such marriages, and to execute lis SEN
tence, upon the principles of the court,
there could have been no objection 10
the Act"
In the Superior Court of Chaa.e,y, held at Rich-
mona, JGnuury, lSi7.
The Attorney General Plaintiff, ,,,,- -. ;,
And and Jane C. Broaddrs Defendants. formation.
The female defendant being the sister of the
| other defendants former wife, The informant.
| on. in the usual form OF pleading, CHARGED
| the defendants with having intsrmarried con-
| trary TO one of the provisions of the 18Th sect.
| of the act, concerning marriages, in the Re-
! vised Code, page lS5, and concluded in the
| usual form, and in conformity with the prcvsi-
| ons of the act; so much of that section as au-
thorised the said information,i is in the .e words
g If amy man hath married his wite's sister,
! every person or persons so unliwfully
married, shall be separated by the def
| nitlve sentence or Judgment of the High Court
! ofChancery; and the Attorney General upon
| any information made to him OF any such mar
riage. shall, and may exhibits bill TO the Judge
OF the said Court against any persons so I'M
| lawfully married, who shall be compelled upon
oath TO answer the same-and upou such bill 81
answer, and the dispositions of witnesses, where
the same shall be necessary, the said Court
shall and may proceed TO give Judgment, and
to declare the nullity of such marriage and
moreover may punish the parties by fiie; and
1t the court see fit. may cause the parties to
give bond with sufficient security, that they
will not cOhahit hereafter, in such penalty as
the said court shall Judge reasonable: Prorided
airays. that no punishment by fae shall be inn
posed on any person until the same shall have
been assessed by a lry, duly inpannelled al
l..
that nothing herein contained. shall be con
strued TO render iilegitimate the issue of any
marriage so aunulled"
To this information, the defendants, by Cenn-
sell fled their plea in these words: F" These
defendants by protcstation not Scknowled gin-
or confessiDg all or any of the matters or things
In tie said bill contained to be true in manner
and form as the same are therein and thereov
aliedsed. do plead in bar and for plea saw
that by the eighth section Of the bill of rights
made and declared OF the 9th day Of Nav Is7s
entitled declaration of rights made by the
representatives fthe good people Of Virginia
assembled in full and free convention; which
rights do pertain TO them, and their pesteritv
os the basis and foundation of government, il
is eXpressly declared: "That in all capital or
criminal prosecutions, q man hath a right to de-
mand the cause and nature of his accusation.
to be confronted with the accusers and wit
Hesses, to call for evidence in his favor aud TO
a speedy trial byan impartial jury ofhis yici-
mage, without whose unanimous consent he
cannot be found guilty, nor can he be compel
| led to give evidence against himself; that no
man be deprived of his liberty, except by the
law of the land, or the Judgment of his Peers -
That by act of Assembly passed the 5th of
| Dec. l7s5, entitled can act declaring fhat none
shall be condemned without jury trial. and tina
Justice shall! not be sold deferred I" the
Legislature explained its sense of the meaning
of the above recited article of the Bill OF
| Rights, by enacting: "'fhat no freeman shall
be taken or imprisoned, or diseised of his
freehold, or liberties or free customs or be
nor shall tie Commonwealth pas.. nDou
him, nor condemn him, but by lawful judr
ment Of his Peers, or by the laws of the land
That these defendants are advised and in.
sist. that any act OF assembly contrary to or in
consistent with the said Bill of Rights or an,
part or article of the same, is uncOnstitution-
al, Woodland of none effect that the information
Of the Attorney General, in this behalf is Il
all intents and purposes criminal prosecu
, ton !; founded upon the act of Assembly refer
red To in the said information: and that tn,
said act OF assembly, is so far a the same enact
| and provides, that any person who shall con
tract any marriage contrary thereto, Shall
be separated by the defnitive sentence O
Judgment OF the high Court Of Chauccry; ant
: the Attorney General, upon any information
made to him of any such marriage, shall all,
. may exhibit bill to the Judge Of the sal,
Court, against any persons unlawfully mar
ried, who shall be compelled upon oath to an
swer the same land upon such bill 81 answer &
dispositions OF witnesses, where the same sltaI
benecessaTy, the said Court shall and NAV pro
coed TO give judgment, and to declare the mi
| lily OF such marriage, and moreover NAV On
nish the parties by fine and If the said Corr
see fit, may cause the parties to give bond will
sufficient security, that they will not cohabii
hereafter, in such penalty the said Cour
shall Judge reasonable Prsridsd allgags Tina
no punishment by fine shall be imposed on a
| ny person until the same shall have been as
| sessed by aJury, duly impaueled at the bar o
| the said Court" isa penalstdtute authorship
a criminal prosecution i'm the mode fereiT
, prescribed, and is contrary TO and Inconsistent
with the above recited article ofthc said Ell
OF Rights, aud is thereforel unconstiiutional
void and Of meme effect aud therefore dofl
; not vest in this HOnourdble Court amy lavfu
/ rtetu ffsftr 70 hoo a,tI .l.s.r