Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1823-12-06


the present dsranged condition nf ON counlrS,
W 'he mischie'ous abuse of this pr, ilrsr and
""nShi TIE s'ircst guarantees against similar
results, would br To strip the lee islaiur. of all
p"wrr upon subject 81 dangerous and So
o"c' = Mr Marshall after replying to Mr.
oSiesbNs ONCE ions, aud no,iclne sume to-
P"S w'ch he pad incidentally touched in his
remarks, proceeded To ,hr discussion If the
Sen''af question. IL" urged the necessity u,
Tee government of an indie pendent indicia-
ry, ana though that this Independence could
sol be secured 81 .lfrctually AS by pI,cinp the
JUDGES y"ud the influence of the l,gislai ure
and continuing them ia Office during grud be-
na.'our. lie believed the pr. sent constitution
nav suihcieh''y secured their responsibility,
anu mat any change in our form of govern
ment under existing circumstances WAS great
~ 10 be deprecated. Mr.. Wcknf. and MIR.
Robertson followed on The same side in nhlo
speeches, and taking nearly the same ground.
we snouid dissolve our present government
and resort To FIRST principles, Mir w. thought
'ne SUBJECT of emancipation wod di, id. and
osnac' the community. they both con-
.ehnru 'ha' law on tins subieci shouin only
ne passed AT the instance uf tn. people and
they we're able To collect 40 evidences that
'ne people were dissatisfied with their present
constitution, or de sired "a change They
thought The article in relation To th. judiciary
ana the tenure of guod brha,i Jour mi all OBJ
J'c'ionable, thai the indrp. ndeucr of that de-
par,nt"i WAS essential io the preservation o
CIV" hoeFty and The safest bul' ark at limit
ed constitution Mr.. Thompson made :, srnsi-
bic speech ON the same side. and by way OH
'ustratiUn, referred To the writings and oiinions
"i tne most distinguished statesmen in our
| country Mr. Rowan replied he was in favour
W an independent, but not irresponsible iu-
dietary. That the people were the lust depo-
'"'i's %, an power; that This was govern
mr"i oi the people, aud that there should
exist no power To resist their will. when So
heriy declared in the legislation of a series oe
years He anticipated no mischief ir period
oi profound peace, from resvrtng To primary
principles. He felt well assured that the virtue
anu intelligence Of the people would guard
them against any iumurs or agitaions I'M
friendly to the formation of a wise and free
constitution. He thought too, that by familiar
's"s mem 10 me elementary principles of go-
vernm|nt and civil liberty, they would place a
h'ghet estimate upon their advantages and
woh'd give an additional impulse to the senti-,
ment M patriotism. Mr.. Woodsou answered
mr. Rowan IN speech of two hours lpngth,
! 10 winch he inrcihy ur,rd upon the commit
zee the impropriety of calling a convention in
me present oeranged and unsettled state Of
things, and rerapiiuated the arguments of the
gentlemen who preceded him. He commended
i thai The people had con planned of no abuses in
'he!r government and that they had not de-
rhandro oi their representatives the passage of
such law. -
The debate was concluded on Yesterday by
Mrssrs. Fletcher, Logan Davies, Todd, Wor-
i'nin5ton and Joyce. Upon the laird reading
VI me biii the VOTES stond thus: for its passage
~ II So 1t will in all probability pass
III" House al Representatives TO day, its fate
Ia The Senate Is somewhat doubtful
Commentator.
r, From The Philadelphia National Gaz-ue
Coye vs.. Aeiiy.---Common Plens.-. FeigneG
Issue.--.Nor. go, 1898.
ms was an action 10 try, as on n wager
made, the validity of the last will and Tesla
inent of William Kelly, DECREASED, and came
up Tor trial at the present session of the Court
OF Common Pleas, Judge Hallowrli, presiding
,Counsel Tor Plaintiffs, supporting the will,
hessrs. kratinS and B. 1fghman; Counsel
Tor Defendant, against the will, Mr. Swift
Lne iacts ol the case appeared To- have been
DIS 'oi'nws :-On The last day Of the year 1891,
| Wm Kelly, an Irishman, who had from unu
sual industry and tr0gahiy, amassed pro-
perry of about $4,000 sent for the Reyd. Mr..
Cnnimisky, Roman Catholic Priest, TO ad-
minister The shcrainents of the church. and
the other last sacred solemn rites, being in a
dying state. The Rev. Gentleman arrived,
and after remaining with Kelly some short
,'me' retired, having, ad interim, drawn up "a
last VIII and testament, and called in two wit
' ~ "'lpe NHoID lDe instrument was re-
gulhriy and legally executed. In this writing
Kelly heTrrathed one sixth of his estate 10 the
establishment of NunDrry in The city of PHI
'adtiphia, and the remaining FIVE sixths TO his
srveraiIy enumerated relations residing here
and III Ireland, hut disinherited one heir at
IdS, who had IN consequence entered cayeat
To the Will aud contested IFS legality.
II was proved by the attending physician oe
ihe deceased, that he had for many days, and
AT different times before his demise, heen in a
slate OF insanity, and not in possession of any
OF his mental faculties. The subscribing and
sealing "i the instrument appeared in evidence
| by the examination of the three persons pre-
sent, who testified as tO the sanity of the tes-
, taor ~ their opinion at the lime Of its execu-
! tion.
MIR. Swift, for thr defendant, commended.
that the Deceased WAS vi the execution of tina
VIII ~ Stale OF mental and physical prostra.
lion; aud that, if niherwise undue influence
had been exercised apon his mind at the lime
Of It's perfection.
Mrssrs u. Tilghman and Heating, who pre-
ceded and succeeded MI Swift, cnntended
/ shat the will was lor,urd famed, and exectu-
ed durlnc The sanity 0f the fcstator; that mn
undue inRucncc bad bsen attempted, and that
the strict rules % law bad been undeyiatingly
coppiicd with.
| liallowrl, President. stated very insidly the
/ law applicable To- tie point, and left tie fact Ia
he decided by ihe iury.
Verdict for The pi1intiiI, sustaining the will
The trial lasted iwo days: was ably and
learnrdiy conducted aud argued hy the res
pectable Counsel concerned, aud excited =.
good deal OF interest.
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