Alexandria gazette, commercial and political. [volume] (Alexandria [Va.]) 1812-1817, 1817-04-25
RIcHMosD, April Is.
INTERESTING LAW CASE.


Tho world is already acquainted
With the case and character OF MIR.
Andrew Broaddus, Of Carolisa Coun-
ty.-a man Of eousum nate eloquence
in his calling. Two OF three years
gro. he weddeds lady, who was a
sister of his first wife. This ex-
cited much conversation at the time.
and the propriety of the law, which
forbid it, was variouslv and serious
ly canyasseG. The matter was bro't
ioto the public papers ; and finally
at the instance OF some persons, a
hill was filed by the Attorney Gen.
OF the Senate, before the Court Of
Chsncery for this District. The re-
suit of that investigation is given IN
tue following statement. You will
perceive Csaid the gentleman who
handed il for puh!icatiun.) that there
was no objection to tho Act OF AS
semby, so far as il restrained mar
risges within CO.. tain degrees nor
70 the power Of the Legislature. to
confer Jurisdiction OF such eases, on
the eoucts of Chaneery; hut the oh
lection went TO the mode Of trial. and
upon that ground, the iur;s fiction
was denied had the legislature. IN
comforting jurisdiction upon the
eour. of ChaIcery, exempted the
defendants from aay prosecution, on
account Of their answering. and 'eFi
II wiz the court, 20 declare the null
Iity nj such marriages, and TO exc
cate its scntence, upon the principles
Of the court, there could have been
no objection TO the Act.
In the Superior court Of Chancery.
held at Richmond, Jan. 18i7.
The attorney general Pr Upon
rs an ~
And. and Jane {. Rrcaddus. forma
Defendants. J lion.
The female defendant. being the
sister of the other defendants for
ner wife, the Information, in the
!. usual form of pleading. charged the
eCcn,iants with having intermarried
trary to one Of the provisions 0;
18th sect. Of the act. concerning
.isyss, in the revised Code. page
AMI CONF iuicd in the usual form
in cOnrarmity with the provisions
ne act so mach OF that section
authorised the said information.
n these words: d" II any mau hath
sarried his wife's sister, every per-
son so unlaw fully married, shall he
seDarated b. the deinitive sentence
or Judgment Of the high court OF
chancery and the attorney general
upoq any information made TO him
Of any such marriage. shall and may
exhibit a bill TO the Judge Of the said
Court, against any persons so an
lawfully married. who shall be com
PEELED upon oath 10 answer the same
md upon such bill and 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 auIlity
Of such marriage, and moreover may
puuish the parties by fine and il
the court see iii, may cause the par
ties TO give bond with sufficient Sc.
curity, that they will mt cohabii
hereafter. in such penalty as the sai-
court shall Judge reasonable; Pro
vided always, that no punishment b,
Sine shall be imposed on any person
uutiI the came shall have been as
sessed by jury, duly impanneliet
at the bar Of the said court. Ant
provided also, that nothing herein
contained, shall be construed 10 rel
der ilIegitimate the issue or an,
marriage so annulIed."
To this information, the defeD
dsnts, by counsel, filed their plea il
these words "These defendants h!
proteststiou not acknowledging o.
oopfessiag all or any of the matter
or things in the said bill contained Il
be true in manner and form as TIT
same are the rein and thereby alledg
ed, to plead ia bar and for plea say
that bT the eighth section OF the bll
of rights made and declared on tn
9th day of May 1776, entitled &
declaration ofrights made by the re
representatives. of the good people o
Virginia, sasegbIed in full and ire