Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-01-07
VIRGINIA Lxe1sLaruPr

F'oS EpiNGs OF THE HOUSE OF DELEGATES
~ ea"eSaoY Jan 4.-The House resolved il.
sen mo committee of the whole on the Divorce
bill -.Mr. DyOmg0oie in the Chair
Mr.. Aidy moved 10 amend The bill "a IN 90,
yer The power on the Genersl Court instead ne ,h
~hancery Courts. he said that there were On mo
ny Chancery Courts that there was some d,nasr
that there would Of div ersity in the pripc;oIs'
upon which the decisions would be had Thero
was out one general court, and their decision.
w""u DC UNIFORM and would have the ADVANTAGE
OF oeing pronounced by fifteen men instead nj ON.
lie also objected to making divorces cb,,ca.,
proceeding, because the bills on this sub;ec, u,o,,
generally call upon defendants to make Jisco.,,,o
"i crimes, &C which indy GuaI capable of oerpe
irating them would deny on oath. in ,h;sh
case The iac's must be proven by two witnesses.
mr. 6fdchbufn objected to the tmeodt,e 4 he
Cause OF The great difficulty of getting such case.
before The general court posed as IL of id,.
from all paris of the state, and conveneJ =, e.
seat oil government for but short time The ay
pense TOO would be much increased In conr,s
oil chancery there was more probability of Justice
being done.
mr. mag commented on the impoicy of con-
hiding such power 10 the hands of an iudivid,at
lie was opposed to ling facilities to divorces and
especially such the bill held out The se,ti' ot
the general court at the seat of sovernmen, c',,Ii
be no objection 1t was found that apnlica,;ons
were now made here TO the legislature NOT onlv bv
dozens but by scores
Mr.. Blackburn did not think the cases naralI.l
because the applications now made were Tree ri
expense, and the cases were always decided upon
exparte testimony.
1W' bryce was totally averse to giving dis
creuonary power TO any tribunal to decide ,vberber
he should retain his wife or not. The amendment,
he thought, would make the whole y. inonera,ive
suppose AN application was made from Wool
would II be practicable, except at great expense
to get all the witnesses here to prove the aet, +,
was no answer that the power ofthe State would
be given TO coeree their attendance. They could
not IN many cases be compelled 10 come He had
looked into the regulations of other states. and
found that they had always decl red the grou,ds
upon which divorces should be granted. The had
not lett the subject To the discretion of the court,
Whilst he was unwilling to confer this discretion
the objection might be obviated by setting forth tho
causes Tor which divorces were to be granted.
Mr., May remarked that the bill set forth. that
facts were TO be proved by issues 10 the superior
courts to ascertain them. This course could be as
well pursued in the general court. He had no
idea OF compelling witnesses To attend from dis
iance--Depostions would answer the purpose
Some oil The objections of Mr.. Bryce, he though, .
went to the principles OF the bill which were moi,
then properly under discussion. He supposed the
genileman's remarks as TO the power of grantine
divorces excepted the legislature.
Mr.. Bryce doubted, whether under the constit,-
ton OF The u States, the Legislature had the power
TO Interfere IN marriage contract, by disturbing
any marital right, except for causes anticedent to
the contract and affecting its validity.
The debate on this amendment was con,in.cd
some time. Messrs. Ghoison, Crump. of Cum
berland, Bryce, Jackson, Upshw, Gordon and
Afoy, took part in it. The amendment was rejected
by the committee
Mr. Jackson then moved so to amend the bill as
10 give Jurisdiction in cases OF divorce to the coun
~ courts setting 10 chancery. The amendment was
opposed BY Messrs. GhOlsoa, Blackburn and
May, AID rejected,
Mr.. May moved to amend the bill 80 as 10 per,ni,
the courts Of chsncery to grant divorces a saenso
ct th0ro only, Teserving il TO the legislature 10
grant them Ue1euio mofrimoni, after the courts
bad collected all the evidence on both sides and
granted divorce mensa ct there. This amend.
men' was also rejected.