Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1849-07-13
Virginia Legislature.
EDITORIAL CORRESPONDENCE.


The house, on motion OF MIR. FAULKNER,
resolved itself into committee Of the Whole;
MIR Stroller in The Chair.
Mr. KILBv ra.ofcred his amendment 10
chapter l24 on "par,i,ious," ou,horizing the
County Cou.,s to make sale or allotment Of in.
fants estates, where the shares do not exceed
$500; should they exceed that sum, they shall be
removed TO the Circuit Courts
Messrs. TURNER aod SCOTT thought the
effect Of the section would be to deprive the
Circuit Courts Of jurisdiction over cases where
the snares do not exceed $500
Mr. MoNCURE Of g. suggested modification,
which was acceped by Mr.. Klby and adopted.
MIR. SMITH moved TO amend chapter IL 'of
escheats," so as TO require escheators 10 give
notice Of the time Of taking an inquest by pub
LEGATION for thirty days at the curt Hoa,e door,
including oou7. d =, s.d in some convenient
new.raper for four weeks. MIR. S. showed The
Inconvenience OF the present fr pare proceeding
on the part of The eschcalor which drives The
parties to very cumbersome proceedings. Ia
New York nu,ice is published for three months,
SO that any one having interest in the property
may CT me forward and ciaim i;
Mr.. GOODSON suggested that some parts Of
bis district were one hundred miles from news
paper, ADD that oteu the land esche2ted was
mol worth Ave cents.
On motion, therefore, OF Mr.. MoSCURE Of
S, the publication 10 newspaper was dispensed
with, and the amendment carried
Mr. HARRISON Of Prince William moved 10
amend chapter l23 and section IL On "wdow's
right TO her share Of enaucipatcd slaves" b.
striking out the following words: "but where
the personal estate of tho husband, other than
slaves Sc, ir3o BY him, is sufficient To do So The
personal representative Of The husband shall
pay her thereout such sum rs is equal 10 The
value OF her Lille estate in any such slaves" MIR
II. knew case 10 which this clause would ope-
! rate hardly. We should legis.ate for the orphan
as we'll a, the slave.
| Mr.. MOECURE Of s. thought the law would
not be changed BY the amendment The hus
band may act as he pIeases, so far as bis children
are concerned but cannot, SO lar as regards The
widow, who has a right 10 oDe.third of tho
slaves, even though emancipa,ed during her life
| The law provides that the slaves shall determine
! by LOT which Of them shall be thus set aIa.t for
/ tie widow during her ife but if The husband
| Leaves other personal property, sufficient shall
be paid thcrefrom 10 indemnify the widow for
The value Of her third OF the slaves during her
life. Even should tue clause be stricken out, a
Court Of ChaGcery would carry out The tesla.
tors will. He saw 20 objec, n'lbe motion, un.
less gentlemen mean 10 prevent man from
cmancipating slave, or from conveying bis
property as he csooscs.
Mr.. HARRISON OF Prince William cited Q
case, ip which it was very hard that the CLAUSE
should go into eject Emancipation was thought
not TO be cSpedient In Virginia
Mr.. RltES sustained the amendment. II the
widow renounces Der right TO portion o. tho
slaves to which she has right, lot her suffer,
aud moi the innocent heirs, who have nothing 10
do whit If the husband forse,s TO provide for
his wife, shall the law provide for the wife, at
the expense Of the children
Mr. SCOTT The Code chsngcs the law In
one respect, 10 relieving the widow from renoun.
cling a Will in which 10 provision is made for her
She is to take Der thirds OF those slaves who arc
moi Sc, free; but il thsy are rot enough, they
are 10 oc assigned 10 her by lot. II, however
there is sufficient personal property, that shat!
be appropriated 10 her benefit. This provision
is designed to prsvcn. tho widow from defeat
ing the will of tie tcstalor as 10 The emancipa'
ton Of slaves. He would suggest that The
slaves be hired out, so as 10 provide for The
thirds of tho widow.
Mr. HARRISON Of P. w said he would &C
+ ceps this suggestion, and withdrew bis amend
mcnt.
The question pending was motion of Mr.
FERGUSON 10 restore the following word:
! stricken on, by the Revision com uillee, from
tscion 50. OF chapter 40. on 'oTder 10 which
toe ce5's OF cecedent are 10 be raid" VIZ:
Thirdly, det;s due as personal representa-
i've, gaafdiaa or commiItee, when The qualih g.