Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1849-08-17
VIRGINIA LEGISLATURE.
EDIroRI9L CORRESPONDENCE.

".tlI-- marriages between a white person and a
negro, sjhmRized rittin this Sid's, and all mar
riases wnion are prohibited b Lave on account .!
either OF The parties having a former wlis Or
husband then living, shall be absolutely void With
out any decree Of divorce or o.hcr legal process.
All marriages which ane prohibited by Law on
account vi consequently, or Affinity oetWtenihe
parties, all marriages soiemnizcd Wien erher I'll
Inc parties was insane or inca pable from phys
icai causes OF entering into lie marriage State,
shall, If soIemnized within lhls State, be void
from The time they shall lie 50 declared b. a &C.
cree Of divorce or utility"
MIR. WHlTTLE moved tc amend The above
by striking cut The words in i%talies; which was
done. [Mr w. desired 10 provide Tor all such
cases, scIemnized in or out vi he Siaic.]
Mr. MONCURE Of s.. objected 10 the last
clause ii The above amendment, in that il au;ho-
riz d any marriage 10 be sci aside, on account Of
consauguiniiy, &c, BY The ACT oi The parties, even
a short time alIet he marriage. There was no
ground in ibis country Tor The distinction between
"yoid'' and "voidable" marriages. as in Eng
land, owing 10 their peculiar laws and orSaniza.
lion. MIR Nj. said ": should nol leave II TO me
parties 10 make sail marriages yc;dable- but
should follow our The present law, and add al
The end Of Tic above The words "of from the
time Of The conviction 81 The parties u.def the
81 secrioa ii chaper 1856" (sutiec,ing ';s par
lies 10 penalties ieT marrying within The p'ch!o-
iica drarccs)
! Mir Ms Amendments vas agreed To, and also
The Scualc's amendment as amendei.
9Th. Restores the present law in regard 10 mar
riases solemnizcd By persons ont oi the State aud
coming into The Stale. Agreed 10.
9Th. Adds 10 The same chapter: The age OF
consent Tor The male shall be Ia years AID VI the
female II veafs." Agreed 10.
l0ln. Add al end oi ! h section Tie ,uli, wing:
but a party who al The time ol malGlase is
mentioned in the lhird section, was capable Of
consent;ng with 4 party mol 81 capable, shall not
have power 10 institute such suit or The purpose
Of aInul!ing such marriage" Agreed TO.
lllh. FoIbids The defendant 10 plead adultery
IN The par Of The p!ainiiI. Agreed 10.
l2h. Atd, the wJid. 'or deyisee" alter theirs"
in chapter IN Dover. Agreed 10.
l3lh. In same chapter atnen.meE; similar 10
above. agreed 10.
l4lh. EScep.s the ~coarties Of Nanscmond, ls'c
OF Wight and Alexandria from lae operation u
tie section requiring 4 Surveyor to Iesice in lit
county. Agreed 10.
18Th ADDS the woods lard every survey, whe-
ther %crigina! or mol, snail be mad. by horizontal
measurement. Agreed 10.
l6h. Strikes out 10Th section requiring sur
yeyor 10 execute all oideIso OF survey VI any court,
sc. Agreed tc.
I7th. Inserts in lilh section OF chapter il2 he
woIis: sand ii lhe wnero .! such warrant WISHES 70
locate any portion Ihe:eoi IN any other County than
that in which The frs location was made, the sur
yeyor in whose oliicc ii is flied shall deliver The
warrant 10 The owner, with a certificate Of how
much Of said warrant remains unapproprialed.
On motion OF Mr. MONCURE oi S. The above
was contensed and agreed IL.
l6.n. Strikes out worts "and no exchange
warrant shall De issued therefor 10 any assignee.
unless il be so signed" Agreed 10.
I9h. Dispenses with exchanged" warrants
being noted By The register on his record book
Agreed lc.
2Olh. Strikes GU, four sections as TO "where
greater quantities OF land arc embraced in a pa
tent tnan is mentioned herein"
Mr. FERGUSON hop:d he House would mol
agree 10 strike uul these sections which we:e The
present law and which prevented persons from
being harasset and without notice.
MIR SMITH moved that The House agree 10
The amendment.
Messfs BOYD and MONCURE If S. hopri
the House would disagree 10 The Srnalc's amer Il.
nent, as these sections were regarded as calcuIa.
led 10 settle WesteTn land titles.
The Huase disagreed To said amendment.
2Ist. Strikes out the Ain section oi CHAPTER lii
moved by MIR MOORE OF c. and w. providing
tina. all tracts OF 10000 acres West Of The Ale
chan,es, held BY non residents, shall be surveyed
ana The plots recorded in III. clerks Offices WITHIN
five years, or else they shall be forfeited TO Inc
Commonwealth, ana Liable 10 cniry.
Mi STROTEER though, the House should
disagree, anil allow this OK perimej, 10 b. .iied,
as a means Of settling Western land TILES. tins
subject hid been iliiy discussed il Ike House
ANA deliberately adop"a. /. tn iwo flcnsts
cannot agree, some plan Glay J.: %atJu:'ea by 4
committee OF conference.
MIR IRVING asaic S,alousiy protested against
this miscnieVous and unjust cnac'm-n! againsi
non residents. Another objection is that II t,c.
not save the rights oil infant. Mr |. hoped ihe
House would agree 10 the Senate S ar;cnjmebi.
Nj FERGUSON would Eu, again discuss his
subject, waich hal been thoroughly Gcbaied, bit
he ruped the House would disagree 10 tie Sc.
mates amendment, which strikes cut a valuable
provision. vii F. said The question ha! no! been
properly afguei In lhe Senate, AMI he had been
Informed that The Senate was willing now 10
agWe 10 il.
Mr. RIVES had opposed this proposition OIL
sinsiiy, but was wiling 10 60 for II now, A. ne
| was anxious IL facilitate Tie completion 81 ,ae
Cp:c, and az, il popular sentimeni !niicaird lie
necessity, he pTopo.i ion cceid br c'ian.od LeEe-
alter, Mr. 4. moved liz pseviaus Question.
Nj THOMSON Of !. sail that mis- PROPOSE
tlOH, III IlolIIiUlI.AllS u-diust hHh
would operate ii IuIinusly 10 the cause oi inter.
nal improvements. Nj 4. caitd ,he ayes al d
noes 90 Inc molten Ia disagree 10 th' Senaics
amendment. SAID molion vas agreed 10, ayes
As, noes 81.
DID Requires the Governor 10 communicate
10 Tue Legislature lhc IA res ant! lestieEce OF
notarics public within, ard commissioner with
out tic Sia:e, appointed by him, as we'll is lhosc
heretofore appointed TT feinoycd-llsts ot such
commissioners 10 he Annually published with The
icl, and resolutions.
On motion OF Mr. WOnTHINGTON, it was
amended, 50 as to refer In those holding office
under sact appoingn, G."-ani was tn"n agreed
10.
Authorizes minors, eighteen yeas u asc
ur upwards, 10 dispose OF personal es:a.c ~ viii,
la> IL co;amon 'aw.)
Mr. aiOACURE VI s, hortd tie House w.uiG
disagree Id SAID aGlendmeur, as 4 minor sIGu u
moi b. ailG Wed 10 make a will, any Dure than he
can make a conIIac,-c<pccially as a minor, IN
maxim: a Will. vas mncn more iiab.c 10 tc nm
posed upon. Moreover, The law make. a Very
| good will, # none bc made the Hou.c disa-
greed 10 said amerdnent.
24n-Declarcs lhai The widow shall b. cnt;
lied to one third Of The surplus CATER raylEen. 81
funeral expenses, charges 81 administration ahc
,!ebts) il there be, and one moicty il there be no:
a child ~ descendant. Bur she Shall ha:e only
the use for lie oi sucl Sic yes as may be IN her
share.
MIR MONCURE Of S. said tia. The 9Th. 25h,
20 il AMI 2Tl OF tne Senatc's a,nenimsni: made
changes n d-scchts and distributions, whit h
wcald lead % confusion. de ihousat The House
should ~G;sastce 10 .acsc amendments; as he
House bill, with very slight motif ;alions wnicn
may be made in a committee 81 Conference,
could be msd. TO COMFY he meaning OF The Ser
a'r's amendments, hat Is To carry CIT The Presen!
law.
The sad four amendments we're accordingly
disagreed 10.
2Slh-Velbal, AMI ssreei 10.
2%9,h-Srikes on. The clause requiring a falh'
er 70 be Twenty one years ol age" TO enable MIN
by viii 10 appoint a guardian 10! his child.
MIR SHEFFEY thought this consequential On
The d! Amendment, AMI i; 90 ouch, 10 De disa
gr5ed 10.
Ir WHIT LIE Thought this amendment did