Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1826-02-14

|, \ : ~ uulc were
consumed II could not be devoted to questions of deeper
interest than 10 subjects living at the very bo,,o ~
the social fabric The objection then was the necessi
~ oil decd1ng upon epa!te evidence. This ob;ect;on
which he thought the only cgi, latiye iurisct;
OF divorces, was completely removed by Mr. ra,Inr,
substitute. Alr H. objected TO giving Chancery Courts
jurisdiction lie did not approve the division of the
Two classes OF dyorces-the jurisdiction would inter
fcre with the settled practice of the Chanccsy Courts
I'm, ias'E' IL was rendering an expence necessary
winch might prove burdenso,nc.
| Mr. 7aJior said If the object OF the IIopse ,v,s
SIMPLY TO procure correct evidence the plan adoptcI h,
/ the committee on his proposition, was suicieni.-hIr
yior proceeded 10 state his objection Mr. Bryces
substitute The Court of Chancerv would not cunfne
itselfto the class ofcases contemplated, Divorces
cuto maf'fnlon would not be confined TO matrimonial
contracts void db mitio. In many cases man and wo
man were equally willing TO annul the contract and
ior subsequent cause The evidence collected would
be made 10 bend 10 this wish of both parties Ills OBJ
lecon 10 the other of Nr. B's substitutes re
ate 10 the mode OF collecting evidence applications
10 be made TO tue Legislature for divorces from bed
and board, were equally strong. The Jury wuud he
composed OF bystaudcrS, and these sianersM ouid be
composed oil those persons feeling interest the d
vorce To this pan he cuntrasted the one adopted bv
the committee of the Misunderstanding jurisdiction of
both classes of divorce with the .egisatureand secur-
ing pure evidence to direct the decision of the cpisla
ture, by DISTINGUISHED selected nv tho S
perior Courts
| .ur Bryce admitted that there was difficulty in the
operation OF all social regulations. IL required more
man human wisdom 10 avoid IT, He surprised that
| Nylll
held he class of cases TO be adiudred bv the Courts
oil Chancery, were of that nature that they could as
well be Judged by them by this House ii the argu
fnent OF expense advanced by Mr.. Briggs was right
why not save all citizens from individual expense by
adjudSiug their rights in this House. Blu, Courts we're
necessarily better qualified decide in cases of indi
vdua rights than tins House from constitution could
be. Were matrimonial rights of value than those
OF property! In reply 10 Mr.. TAYLOR lac commended
'ha' IN the Courts OF Chancciy, the parties by being
equally willing 10 be divorced, would obtain it by tie
! al a.,
with equal force TO the evidence brought before the
Legislature lie denied that divorce jurisdiction would
Affect The Chancery practice injuriousIy
.hr bryce did not wish TO multiply diyorces-be
Wouu give ms appreciation to plan that would have
this effect
mn blackburn (who brought in the first bill on the sub
lect SAID that many plans had been oe ed the House
OF two now before the House, he preferred the last
lie thought oral better than written testimony wit
giving his evidence orally acted under superior obi
gations TO adeponent paper. In addition Jury was
The proper tribunal to weigh evidence He objected 10
MIR lay substitute because created a multitude
Oh new ohcers There had been 90 applications for d-
yoLce at this sessIon-and there would have been as
many commissioners let loose upon These com
rnlssoners were not 10 be pad-nor were they TO be
magistrates, that useful phaanx that did much bust
ness SO well and for nothing. He objected to the
qulstorIal power given tic commissioners 10 sum
mon what witnesses they peascdno tribunal short of
| an lnquIson had such powers. The moment commits
sioner summoned witnesses, that moment they were
virtually parties 10 the He preferred MIR.
Bryce's substitute, because approached more uear,
to is @" proposition, to The Courts Chancery
with jurisdiction to set aside matrimonial contracts
tie anInadVeIted strongly the impropriey of the
General Assembly acting on such cases
The question was taken Mr. Bryce's substitute
\ and carried IN the agtI1nGtire-ayes "a noes II.
"a The bill was then ordered 10 be enscrossed for third
Acat!IBg-ayes 90, noes 81.
| Inc speaker presented a communication from the
Governor transmitting two reports in continuation from
the principal Engineer-e Ist referring TO the Canal
through the Blue Ridge; the end 10 the Kauaw l,a
Road and Navigation. On motion Of AIR. Patteson OF
Augusta, ordered TO be printed.
u' DGrtS, of Orange, moved 10 change the hour of
meeting IRON / TO 10 o'clocl-neSatiVed.
The eugrossed bill, concerning the appointment and
duties OF pubic printer providing thai tie existing
Printer shall continue until new election \ was read
third time and passed.
Mr.. peiU'n from the committee on enrolled bills
made report that subject
Mr. LIn'rie, of Richmond, offered the following
| resolution, which he introduced with some Justly com
pnenary observations towards the distinguished indi
vidual concerned.
Whereas, it is understood that Captain S. Warning
ton has arrived in this City and that is the intention
of the Governorto present him the sword voted BY the
Legislature of Virginia.
Be therefore Resolrcd, That committee be appoint-
ed To invite the Governor make pesenta ton in the
Hall OF the House of Delegates that they
bers of the Senate, the Executive andofces OF
the Governments aud make such other arrangements as
the occasion may require
Committed to Messrs IIarvic, Crump of Powhatan
Douthat, Loyal, Wood, Winston, Gaines, Ghoson &
Watkins OF Prince Edward.
YEsTERDAY. Communication from the Senate =
The Senate have passed the BILL concerning road
from the town OF Staunton, to the mouth of the Little
Kanawhan
MT Carter, of Prince William, reported bill con
cernng Lottery for the mprov enien of the navigation
Of the Quantco Creek.
Mr. Iartn reported bill to regulate ferries the
Ohio River.
Mr. Hunter, of Nanscmond, rose and announced the
death of his colleague MIR. JOSIAH MuRpAuGH
MF: Ha'r'e, OF Richmond, from the select committee
10 wait on the Executive made report Of the arrange
rnents agreed upon by the Executive Committee aud
tat in consequence of the death of MIR Murdaugh,
had been thought best to defer the ceremony until half
past l O'clock this day
Mr. Loyal then moved the customary resolutions on
the death of a member viz: 10 wear Grape for one
month. and TO adjourn. Which unanimously
agreed 10, and the House adjourned.
Commemorative motion to adjourn finally the 25th
inst. which IN Lscriheh III EsN