Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1851-07-25

o,ar construction of them means that whenever the
legislature coners upon the courts jurisdiction to adud
cate upon particular subjects the legislature is not by
anv specia law to leslae in such cases or to give
f IN onv shape this is the construction to be given
IN This clause of the section no particular OBJ
lection 10 it. Blu: there is this difficulty about it;
all know that the jurisdiction s pretty extensive
one that it covers good deal of ground, and how il
NAV be construed ii is difficult to form any very correct
or decided opinion Upon the whole now feel ndifer
ont in regard to retaining that clause of the section and
under these circumstances will withdraw my amend
mert have accomplished the object had IN view
Mr.. TAYLOR. l move to insert the word any IN
the fifth line after the word in so as TO make II reac
grant relief in any such case
MIR. GOODE. This is typographical error which
think wss not in the manuscript. presume mere car
be no objection to the insertion of the word any,
which will be in effect only correcting typographca
error
Mr.. JANNEY. I desire to make suggestion to m!
friend from Norfolk not only in reference to tins par
cplar question but others OF like character And 1t u
that as this is numerous body and very expensive
one and as there will be an absolute necessity TO refer
l;s work TO revisorv committee, By whom II VIII un
dergo most rigid scrutiny hope that all OF US VIII re
ra;n from proposing amendment which are merely yer
bal It will great deal OF uine anu the "olh
will be better done.
Mr.. TAYLOR. think the suggestion very wise
one If had supposed when l proposed the amend
neut that gentlemen would have made any o9Jectlon
would not have proposed it. had supposed that the
necessity for obvious that none would De made
I have no objection to withdrawing It,
The amendment was accordingly withdrawn.
Sir. HUNTER Twill move this amendment to come
in n. the end of the section Nor shall the general as
emby have power to pass any act granting any special
charter or corporate powers except Tor municipal pur-
md for purposes of banking and internal improve
uent but corporations and associations may be formed
in nil proper cases under general laws
Mr. DAVIS. hope my friend from Jefferson will
withdraw the amendment which he offers for the pres
emit think the one have ntimatei is more germane
70 the immediate sub under consideration than his
nropose TO offer these words Amendment at the
end of tho section that it shall read But shall not
y special legislation grant relief in such case, nor III
INV other case over which the laws may have conferred
Jurisdiction on the courts other tribunals until after
ppcati has been made for relief and refused BY such
courts or other tribunals" The amendment which Of
er the chair will perceive, is Immediately connected
,i;h th:t branch oil the sub Jet. The genteInan'S
amendment will come in with propriety after
niue if should be the pleasure Of the committee to
adopt it.
hr. HUNTER perceive the amendment which
lFr will come in properly after that amendment,
,G,! with the leave OF tie committee, VIII "ithdra"
nine for the present.
Mr. GOODE | wish simply to remark that accord
ny 10 nv apprehension the effect of that amendment
will be resolve the Legislature into hgn court OF APP
Zeal from the decisions Of all the courts IN the Common
~
dissatisfied with the judgment Of the courts would he
ae foundation ior petition TO the Legislature would
,.s,ectfuly suggest friend from Richmond that
he urov:son which now enIeavorlns to engrHii
the constitution docs not bgc the right Of petit
;o:, At MI! 1t does impair the right OF the party To
Lion the legislature, but would nevertheless furnish
Inc legislature with for declining TO grant re-
lief. The right OF petition would be unmpaired tut
n. right of the legislature would be noarrd. hope
ne will Withdraw TIE amendment.
MIR DAVIS. | have every disposition to obge my
friend from Mecklenburg have no disposition what
yer to c.nbarrass the proceedings OF the committee up
on this subject; but it appears to me- with much defer
,nc to the opinion OF the gentleman to be necessary III
rider TO preserve the rights Of the people that this
privilege OF the people the last resort OF applying to
the legislature in such in which individuals may
conceive themselves aggcved by the coIrt in regard TO
their persoaal rights-rghts of the most delicate ard
aoucntous ciaracter-should be preserved to them
Now think the practical operation will be this that
in almost every case in which the parties have right
10 succeed in divorce they will succeed before the court
but YET if there should be some peculiar cases. some
nc,uIiar hardshpS, especially so regarded by the
,artics themselves, they may be considered gricv
aucc and this great and sacred right OF petition in
relation thereto should be preserved and abrg ed
corsttntionay The cases, | presume, woald he
car in which application would be made to tlc
legislature after refusal OF reet BY the courts. But
+! repeat again, that there may be Cases, Their
probably wl he cases, III which the rights Of the
might be considered abridged unless this pow
o. petition TO the legislature be preserved t" them
think it is impoltc to abridge this right Of petition
think it s!J:,d 5c preserved to the people in every
,ase eau hardy ina CINE in which the right
oetitiou 10 the legislature should be forbidden think
It is part nf very scnl-a part Of the Of
rr republican itiiitIo!s-tla the citizen shall have
right to appeal the gutve branch OF the govern
;cn; which represents the sovereignty Of The people.
Mr. kENNEY. | would ask Iny friend FROM the city
rIaiia no. n, .toplnr
same ground as any other adjudcated cases. Ii the
sacred right of appeal iS to be preserved in this udi
cal ed case why should it not in all other ad ulicate
:asel Will not the parties that are provided for in
these have the same right Of reaching the athori
,v of an appellate court that they would have III any
Cher advocated case If you apply the sacred rule OF
petition to onc you may apply II to all
Mr. DAVIS. In answer to my friend ] would say
hat would not allow appeal 70 the legislature II
Eases simply OF meum and tuea. J. would not allow i
departure from the regular course OF proceeding in the
Iu,iicial department in such But would allJ.
IN appeal to all individual where HE personal rights
concerned as contradstinguished from his property
rights would allow man to appeal t. the legsn-
lure in cases of murder. would allow it in MI in
which ho personal rights concerned Aud it is in
regard these rights only that have any desire 20
such All appeal preserved. would preserve The right
IF petition in such as last resort. hope the
gentleman from Rockingham percaivcs the distinction
The question being then taken. Mr. DAvIss amend
ncnt rel ected.
Mr. HUNTER. l have carefully examined my col
lection of documents to find! if | could more appru
pirate place for the amendment which proposed Of
Ter TO the committee The chairman Of the legislative
committee has just shown me document which has
lryer been in my possession before, and which furnishes
moro appropriate place or rather covers the same
ground. J. therefore, will not offer it.
LOTTERIES.
Mr. WALLACE Before we proceed TO the fourteenth
section wish to offer tie following amendment:
NO lottery shall hereafter be authorized bv law and
the buying, selling transferring of tickets or chances
in any lottery not authorized by law of this State
shall be prohibited
offer it independent section after the thirteenth
section will very briefly state the why l Of
Ter this provision Section Of the Constitution 1t
may be asked by great many, why not prohibit faro
banks, h,rseracing. any other species of gambust
If We look the past hisury Of our State will ln
thai, faro and other games of like character have been
made Mt time by law felony, and are regarded
u, the greatest misdeneanors known to the law Why
e l,,te