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

understand what Will De embraced oT the latter Clause
have lust read Now, consider this section down to
th word "case" in the fifth line as full and complete
in relation to the three subectsdvorces changing OF
NAMES and sales of estates, etc. The words that fol-
ior confess | have been unable to TX in my own
;nI the ground that they may be construed to cover
hot are we to understand BY the words nor in any
o,hsr case over which the laws may have conferred
.dicton on the courts other tribunals The word
80 IN reduced think at the instance Of my friend
from Patrick Mr.. stuart mot now in his seat ltany
ntbe, gentleman can tell me to what extentor how
ae words will be limited, shall be very much graf.
al indeed Now, AMI for restricting the Legislature
IN such cases as think proper and judicous when
,ndsrs,and them. When | am called upon to vote
rastrct;on upon the legislature wish to understand
.nac;6cay what It's that am to vote for. must
.av TAI. notwithstanding have q ven to these words
tbt rejection and consideration that my feeble abilities
r;Il eusbe me to bestow, have yet been unable 10
ascerta, in my mind wha: subj ects they embraced
And think it is njudcious and improper IN restrict
nc; tho hands Of the legislature words or provls
ions where the true meaning will be left IN doubt ana
uncertainty think thatal cur restrictions upon le
tslet;rs power should be plain, simple, definite and
Easily understood l. myself, however do not under.
stanj these words aud WILL therefore with view of
bringing the subject to the attention Of the committee,
NO. 70 strike out the latter clause of this section Us
Mr. LYONS would suggest to my friend from
Harrison Mr. CAMDES) that the propriety of retain
inc these words will just depend in his opinion, upon
whether in his mind, it is wise and proper that the
legislature shall any case exercise special Jurlsdlc-
ton that is pass special law, when there Is gen
.ra law authorizing the courts to act upon the Same
subject This clause mgh be stricken out md then
leave the section perfect regard to the three subjects
named But imagine case whatever you please, and
suppose that the Legislature has By law authorized the
court to exercise jurisdiction over that subject or that
Inv force of the common law the has jurisdiction
over that subject. Then the question Is whether you
will give the leg s!ature the power by special legl5
liation 10 act upon that subject Now, confess
thai It seems to be at war with whole system to
say that when the courts have jurisdiction over sub
ect the legislature shall also have jurisdiction TO act BY
special legislation upon that same subject. But enter
tanning that opinion it would seem to me to he right &c
retain this provision. There ought to be either III thu
section r elsewhere n provision that declares that
whenever the courts grant relief the Legislature
ought not have the power to take up the case by
special law and legislate upon it,
Mr. BROWN. desire To put case to my friend
from Richmond, (Nr. LYoSs) who Is II good lawyer.
suppose that mau was indicted for some high MISC"
over which the courts had urisdicton, and By
means Of conspiracy against him witnesses Wei"
brought in who should commit perjury ard procure Iii
conviction and fine of 81 0o0 be laid upon him. Sup
pose that the defendant unable at that time To ak
md obtain trial to show his Innocence. But vc'.
Ii..he course of ten days, weeks month nj
he should be able show the Who'll cons ,,n
lev Ought not the legislature TO have the power L
grant relief Can the give relief in 4 case Iii:
that.
Mr. LYONS. In regard 10 the case supposed Shout!
have hesitation in saying that iuauncral!e cas-"
might be forld III which the pardonng power may bc
exercised 10 grant all the relief that could be granite
llnrwhere.
Mr BROWN Would you give to the governor the
power to remit fine
| Ny LYONS. would certainly never give 10 tho
legislature the power to remit fine That is one al
ILL., 81, rbi
b. allowed To legsate. There is always pretispo>i
ton in any body 10 remit fine, and the legislature l.
the wors; body for that. Now il the conspiracy be-
known 10 the parties AT the time OF the trial. but is di
covered and made known TO the governor afterwards.
the pardonng power be exercised IA it haa beer.
repeatedly exercised before in country and ia
England upon precisely the same grounds
i Dir. DAVIS. ] would inquire II the words or 9th
crtrbunal have been stricken outl
The CHAIR 1hcy have not been stricken out in
this lattor clause.
Mr. DAVIS l would also inquire if it would be in
oder now TO move amendment to the section
i The CHAIR. Not to the section, for there is already
al amendment pending to that. It would be in order
/, NOV, amendment to the amendment.
Dir DAVIS That would not answer my purpose
Ihure amendment however, which at the proper
tine, if an opportunity occurs will offer aud vii
NV read 1t. Tor perhaps of the members Of tL
cmnttee may concur with me. shall move to add t.
9th section these word- until after application has
ecn made tn, and relief refused BY such other
tribunals" ! think, sir that little reflection on the
part OF the members OF the Committee will convince theI
hat The entire suUe ought not to be transferred from
lie Legislature the Courts Think, according to tie
oalon law he right ought to DE preserved to the pee
pie i'll uli Of petitung that branch of the gov.
.rnmen; which conttrs the whole power and while il
would be proper to traus.cr many ordinary cases which
nave heretofore been acted upon By the legislature 10
the courts yet, think in justice to the people, We
ought preserve the right O.: petition TO the egi-:
ture where satisfaction has been given in
the courts. 1t is an individual right granted bv the
: common lava right to appeal by petition TO the
legislature for redress. | would not, however Civ,
The legislature the power to grant d-urces for the
reason which the celebrated General Blackburn often
ted. remember al anecdote which that gentle
mau related in his speeches i'll position divorces Ii
was this y bill once introduced into the Virginia
eIslaure for divorce who lived in distant
part II the State. Il mad think passed the house Of
delegates aud Oh the punt of being made law il
the senate when it iii recovered to be hoax The gen
eman proposed to be divorced received tiing of what
wac going in the Virginia Legislature aud immeatel,
hurried ot to the capitol and arrived here Just in nt
prevent the completion OF the which would have
evcrei him from his better half with whom he haA
ever word of difficulty, but, on the coutrar,
lad ever bccn nving upon terms Of harmony and low,
= Laughter. would not give the legislature urstc
Jon divorces III any | would make it the
Iuty OF the legislature to confer this power upon the
lGJu 10, out "oou S'e al appear III HaluTe Ol i
,stin, il the parties Thought proper IL tie lcgisla
lre becausr think the right OF the people to appeal
slould be preserved III all affecting personal rights
offer the amendment which have read, mud ask
nat it may i'll after the words cor other tribu-
las" The object of The amendment. as have said
to preserve To the people that great and sacred right
Ia petition t.. the leg i,!ature in all cases.
Mr.. GOODE. trust the amendment will not pre-.
sail. think, upon little reflection, the gentleman
r perceive TINT ii it prevails il alone reach tire,
casses of casss-tlirorces the changing of names and
tie sale Of infants 1t will refer to no other
subject of special legislation Incorporated in the cons-
tttion, ANA no matter how great Inconvenience it NAV
t OCCASION, no matter how legislation may be reduced
arc will be no clause in the constitution requiring tn.
legislature to transfer this jurisdiction upon the
or other tribunals OF the State There would be no
provision even upon precinct elections, aud there
would be no provisions upon various other topics which
ipr,sent themselves TO gentlemen upon n moments re
fiction.
! Ir. CAMDEN Is it understood that the provision
vii extend to precinct electiapsl
= ir GoODE mentioned these among other thing
10. nnlr wi, ol