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

night rerhaps call 1t There 1s another and para
mount objection TO this proposition II is INDUCING the
hole North 10 believe. that We are anticipating at
oe future dar the abolition of slavery IN Virginia.
h far ono 10 hold out no such inducements either al
home or abroad. l nm opposed to everything thati
ta souinng 10 liberation of an interference on the
part Of the legislature With this species OF property
Snd nrefer that the constitution should cay to the
a;la,nre YOU shall not touch it or impair its value
- hr onerous taxation or BY the most indirect and
remote abolition of the right OF property announced
he fct here on Yesterday. that was proslavery
hseye the institution of slavery IS divine one, and
that it merits and deserves con'uNi P!eleSlion III
he State of Virginia
NJ RyRD. of Frederick. have merely to saw thai,
would not consent that the non.slavebolder without
MIA consent should be taxed if this property should BE-
removed from the commonwealth contemplate throw
-, m such burden upon him. can sar, that The
yencv contemplated by the original proposition tina,
verv slave holder shall consent to the abolition of this
,;os of property so remote that its
Ever be anticipated in the progress of human Affairs
Mir, pENEALE. Why put it there then'
Nr BYRD of Frederick. | think it reasonable to
mt il there III case contingency might arie. AM
ot d;sposed 10 show upon this sube extreme feel
no desire TO put nothing in the constitution which
nav not b, consistent with the dictates of reason
common sense think it would be most unreasonable
% rut provision in the constitution which would nhib
scb neasre provided it was in accordance with the
ense Of the whole people of Virginia. Now in regarG
70 noIala ehol,iers-
Mr.. DEyEALE desire to ask Of the gentleman
one simple question. II the whole people desire IL
.mancipate their slaves can they not DO III If they
ire wi ling IL sumo the expense Of their transporta
lion cant thew do it without clothing the legislator,
with the power to do III
Mr. BYRD, of Ere !erick. How are the people to Dc
i.i Are they do it. in the event such provision j.
incorporated into the constitution, By calling
ion, Wu, il perfectly legitimate for the pc pie do
+ wish them to dn through ordinary legislation vtl
.uch guards AMI restrictions will prevent them from
hu.n the paw.r do not believe all the intelligsnc,
ani virtue OF this commonwealth Is 10 be RESERVED for
conventions believe that large portion of butI o.
..e ou,li:ies will be found ~ the ordinary geue
..e,n,ies of the State. Therefore, under proper re
tr:ctins, am for leaving this power in the bauGs
.r,iirary legislation | an opposed TO the gentleman,
,oenImcn, for the reason, that it manests upon the
part of this body extreme caution upon the
feeling which will rather expose the ridcue and
criticisms "f the world than otherwise. 1t Is for thrst
reason. am opposed to this lmen..
|. Mr. BARBOUR | An Very glad that my friend fnpn
Pit,svlvnnia, (Mr WnIrrLE) hns accepted the amend
neut OF the gentleman from Rockingham, Mr. DESEAlr
snuld not have supported the proposition unles. il
were acc rInpaned with this amendment For one d,
not mean bv Implication i'll any other wav, to admit
Int the legislature shall have anything 10 do in the
vor; of abolition or emancipation. If slave holders in
.he State of Virginia desire enanci patton. let them d.
/; b. private Keep the hands Of the government
from The slave property of the country If you permit
his clause to 20 in md incorporate this new term
with the Of the shareholders who to Judge
If the weight of evidence establishing that consent,
WHY the legislature might say bacaasr county elect
al slave holder to the general assembly who wa in
favor OF nanc patton that every other shareholder in
the county WAS favorable such an idea For one
am no, willing to trust this matter the hands Of any
body and therefore cannot support this amendment.
! Mr. WHiTTLE. There is no disagreement between
nv fienl from Culprp"r (Mr BARBouR) and myself 4,
TO the object We have in view | NAV be mistaken Il.
,pt,, .ol,,b hal TI.s
language have employed III the amendment have Of
Tered may BE- liable msconceptun. and perfectly
W. Ing change it ms to strike out the part involving
the consent of the owner think my idea can be
re out b. changing the language without affecting tn,
substance Of the proposition, and i;utng thes,
words Nor any law for the emancipation Of any slav,
or anv de.c"mlnt Of such slave take effect on sale
!e,cendant either before aft or his her blh The
effect If .ha, amendment declare uncon,titutiorq
on he par; of the legislature pass law hY whcl
amy slave is to he emancpMed which slave is then u
ss or :nauc gate the descendant Of such slave there
after to be L"r, embracing those already in existence
as also III 81 post mai.
! Tha question was thea taken upon Mr.. WurT1LE:
am, a,.ill M and il was agreed To.
I Thsre hcng o her amendments offered to the l2tl
sect N! the committee proceeded 10 the on-ertion
the 3th section which was read as follows:
! the gr..cE" assembly may hv law confer on th'
cor:t or her r il rnc wfT rc ' s ,re
lcs belonging t" infants other persons, under lega
disabilities. lui 81 II not by special gi>ation grant
rei;c in such case in any other case over which
he a;xs may have conferred Jurisdiction Oh the court,
or other tribunals.
GRANTING OF DIVORCES.
I 3lr SOU HALL. II seems Ia that the section Just
Rad. i: is framed il to great extent unnecessary
It gives the Legislature authority confer on the court
nnwrr grant divorces. That power they would hav,
il ihi- provision entirely exclude. they have
pnwrr !" rn-s laws in reference I" tetate estates and
Gpon ali Other conceivable n!uniiral matters.
! w"ud therefore suggest Willie portion of the
amen,ment meets my entire appreciation, that it b,
amended as 10 al I'll" gr,,v al assembly shall not
by special Legislation, grant reli in any case over
which the law may have conferred jurisdiction OF tn,
courts cr other tribunals" That w"ul exclude from
The legislature puwer of snrcial legislation over sur
ubiccts under the existing laws. the Courts would
18th section anu insert the amendment which hav,
read
Mr.. GOODE. | intend to move tn strike out the
word may in the 18th section and insert "-lall"
Mr. WHITTLE. ] will read M amendment, which
covers the ground, presume OF tho views # my col
!cigue Mr.. GooDx) anl of the gentleman from Abe
marie (Mr S"rTnALL) propo.e this u a substitute
for the section reported b. tho legislative committee.
"lhe general assembly SHALL by law confer on sucl.
court courts it deem proper power 10 gran:
divorces, to change the name of any person. AM To d
rect Tie sale of estates ncrngng infts nr her ner.
under legal Liabilities; it shall prescribe al pro
per rules aud regulations Cor said court or courts in the
matters aforesaid. but the general assembly shall IL
-xe,c-e The powers herein directed TO be conferred or
AID cnirt y counts.
The CHAIR. II would nns be in order now to NOV.
en"thcr substitute fer the section but he gent ean cen
move it az substitute for the amendment of The zen.
tleman from marie.
Mr. WHITrLE. Very well sir make that motion
az tie law now IS The circuit courts NAV take iurisdic
ol Of divorces from led and board and from the hond
II marimnny only in the enumerated in tie sto,
leaving such there omitted tn the acti n Of
he legislature Should tie substitute" Of my friend from,
A!remnre (Alr. SorTAAILI I've adopted would reo,r
the cort to exercise Jurisdiction, which has never been
assigned 10 them hv law ut the same time that we deny
20 the leg sture the power to confer it. We also for
hid The general assembly to exert the power Of dyor
cling in any case ami thus furnish tribunal whatever
Ion exercising the dvorcing power in those cases il,
which the courts cannot now exercise it, | under
st md the object Of us all to lie no, to diminish III.
cases IN which, by the established rac. OF ecclesi
.s!cal courts of sound policy. divorces should b.,
granted, but only to strip the legislature of MI cogpi
-anc. them. The substitute vi ich offer REQUIRE.