Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1826-01-06

| The whole time of The C cneyal Court would be con
surned IN these Investigators.
Jfr. Crump, of Cumberland, reminded the House
that the Courts of ChanCcry had refused 10 take jur
diction under the laws concerning incestuous mar
| riages.
Mr.. BRYCE of Goochla nd stated his belief that the
Courts of Cbancerv had refused Jurisdiction in TN,
referred to- but had Only denied their power to en-
force its penalties.
Nh. J:chson expressed his objections TO both Courts
and TO both plans. IL of divorce were spc
clDed BY law, the Courts would fact have to lepsate
In each case and this one he should prefer IT &c
be done by the County Courts lie regarded marriage
contract, and a matter to be approached will
so much solemny, He was opposed 10 lis retnauinu
in the House.
Mr.. Douttat moved to strike out the ist section
the bill bni the Chair would not entertain the motion
nh Upst0' explained the decision of the Chancery
Court IN the case alluded To by Mr.. Cump of Cumber
land.
Ii the Cont Of Chancery were called on to uflic
penalty TO do would he violation of the Constitution
of The u States, in the clause concerning the trial ny
jury but the power TO dissolve could be
doubted
Some farther conversation occurred between Messrs
trump and Bryce, on the power Of the hancery
Courts.
IT Mag sad it bad been coutendcd HAT giving the
General Court jurisdiction in divorces, innoya
ton upon the char acter of that Court lie pronounc
ed the whole scheme an innovation
| Mr., Mays amendment was then rejected.
mr. JHc@sOr moved TO substitute the County Court.
on the Chancey side for the Superior Courts of Chan
cerV-aiedgng their superior economy TO parties.
petcnce TO decide upon ftcts, &c. He thought erpeM
ency eniy was TO be consulted in divorces. He did no
want uniformity, for each ought TO depend upon if
self, and no two cases could be alike. The Chancery
Courts must be governed b. fixed principles-the,
could not exercise sound discretion.
/ ,H". Gd0isoT opposed the amendments The same
reasons that Mr. j. urged in favor of his views had lee
h'm 10 the opposite conclusion He would not enirus
divorces to hundred different tribunals He would
have consistency in the principles of decson-and h,
would not infinite facility nf
divorces.
Mr. Blackburn stated, that four magistrates in eacl
county formed quorum-and inste al of hundred
,tlhuhhls for divorces, should have 800. Did
gentlemen wish TO scramble for their wives as well A:
for every thing else. For one if this amendment pre-
vailed, he should take his wife las arms and seek fo
another country
The amendment was lost by a large malo ity.
'HF. " ood thought the opinions Of the House appear
ed very unsettled, and TO give time for reflection mov
ed that the Committee rise. Withdrawn.
/ mr. Nag moved To strike from the 2d section the
words t"cuio 'nGiTinionii leaving the Chancellor'
power 10 great divorces only a aeasa ct Moyo. lie
ectei.
Mr.. Wood renewed his motion, which was carried il
! M. LeGlsr obtained leave to bring in a buI estab
fishing an inspection Of tobacco in the town OF Wheel
| ing IN the county Of Ohio.
M Page, % Gloucester, moved the following Reso
luton.
That the Committee Of Courts NJ Justice he ns,ructec
10 inquire 'nIo the expedicncy Of amending the
~ '''' Az 'o suppress Iue!!iUg. all douh
AS To the application Of said act.
mr. O'omSOole urged the unsettled state of public
opinion on the application of tins law as reason to
| passing the Resolution
| The Resolution passed and thc.Iouse adjourned
On fEsTERDAY--A communication was read from
me Senate stating the passage OF the bills, l. to amend
the act for the iInprov emert Of " is' River AL
ding to the county OF Tazcwe paris of JyasIinptor
and "ylhe. ;. Releasing to JOHN Brown the ON.
rght 10 certain real estate. T. Prov dmg
oI the imPro' emenj of certain out-!os in the town
| The House again resolved itself into Committee nj
the whole Mr. promgooIe in tie Chair on the bi.
! concerning Divorces.
Mr. WiaSton moved 10 strike out the Sd section r
Rejected.
On motion Of M. .iiorrs of Wood, various amend
Tnents were adopted.
mr.. UpYhltr, without pledriDe himself to TN s
OF either offered substitute the entire bill, con
tanning Its leading principles, and extending its proy
siOns.
Before any question was taken Mr.. Byieea rnovec
That the Committee rise. He frankly stated that h
object was the indefinite postponement of the whole
subject, beng convinced from the conflict of opinoI
expressed that the House was udisposod 10 make an,
radical change IL The system and that its further cons
derht'on vas an useless consumI ton of time.
! 'n' BiIch6UTn opposed the motion. He tbouob
tha The Com niitee had manifested strong disposition
to mature the bill, and reform the present mode
proceedings in obtaining divorces. The great impor
he hoped the House would consent to proceed IN II,
farther ia perfecting the bill.
Nh: Cdfter of Prince William, seconded the motor
to rise 1t not that there was no Interest felt II
divorces, but he saw no hope of concentrating the va
rious views of members into one system of action.
mr. LPs'W also supported the notion but viii
different Objects He glad of the variety of We've
expressed Some he hoped would be found worthy o
! acceptance There need for preclnitaion lie
no ed that the substitute should be printed he therefore
moved tbat the Committee rise aud ask leave to si
again.
,Er. Jathson required 10 his motion Of Yesterday tc
submit tie power 10 the county courts. lie thought
the power onght TO be deposited somewheio but hi.
opinions OF taefproper tibunsiWere unG&ed. re bo
ped that the subject would not be dismissed until fuI
/ opinion was elected even il it consumed month.
The Committee then granted leave to sit again anc
/ rose aud reported progress.
The SPe1lh presented the following communication
from Coy. Tyler.
EXECUTIVE DEPARTMENT.
5Ot i'm. 1896.
I ST.: rave tho honour TO transmit herewith, certain re-
solutions OF the State of Tennessee proposing I'D amend
n IF