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

.;s Heal courts of England, and adhere TO known
courts in this country. The eours We do know as
~ fart that cases do arise sotnel, Ill W.
maj: Known and established cases ife e!
lief the court can grant is divorce eli nd complete
when it would be proper 70 ot gsa and purposes
divorce one aosolu.s ~ aver remember of hearing OF
that attracted much attention. came names
.ure of 1924 The parties were VI usA emasI shoU
living not far South of this cityi oaoeIand il NAV
not an argument in favor OF the gentle
;,;on-when in the legislature Pslltioh iof
divorce was read and the evidence . We
camation granted it. and nm not sure ou' po ~;
nave huIs ne that marked that case as illus
one the argument which wish to support
80 cas- this The man, as WSs SHOWN ID tnat case
90 III bis wife to wait on Ills servant Ee'-
low trl that he kept. That was the laet mere Nete
low enI circumstances equally enormous. yet the
luz. oId not have granted relief at all adequate
courts 49,. remember Rnecdote of Mr. Morris
" u,nssr with whom it was my pleasure 70 serve on
-. LOO, ons and who was no Ordinary man ID MS
Two 1900 90 scholar and wit. complaint was
L; resence in regard to the Legislature grant
VAC: ICY -. and some one remarked, complaining OF
I a.I Using therefrom, that the legislature would,
c.ss g,snt divorce to-day and tomorrow IN
80 49,. similar refuse one. Exactly SO, nc replied,
, rarv fact constitutes of the strongest ar
in favor of the existing rule referring to the
nt rhat the court would not grant divorce rs"c1'o
snd ba made this in my Judgment, sound observation
Sav he "if you give the courts the jurisdiction they
t act upon known and established rules and the par
i in the country will coutriye when they want diror
go ~ hiring their cases within these known and estub
Isha5 rples' But" he added when they must 20
before the legislature where there is no known and
abshsd rule, they cannot make their case to ut the
r;lance They must take their chance"
tnov that in the State of Ohio the courts have the
Jurisdiction lust as is is here proposed And it lisa fact
ot there are ten divorces proportion to the popula
zion there where there is one here do notapprehend
il il because the people here are any better than they
are OH that aide Of the river.
While do claim that the people Of my district are rs
good as the people on the Ohio aud Pennsy vana side
10 not claim that they are any better know that there
srs many more divorces on the Ohio side than side
of the river. know further that since jurisdiction
has been given the courts 10 grant divorces pne''
that the number OF divorces have multiplied III my o"
di,,rirt know of Cases and apprehend the expel
.nc of other gentlemen will bear me out IN the Cbser
yation where husband, for example. apples LOT a
divorce or if you please, where TIC vile aPPes hf
divorce where the other party IN TACT wants divorce
which all lawyers OF large practice know is collected to
prove some trivial passing charge, aud which can be
rerv easily proved in amo.t every Imaginable case
Thu. divorces are facilitated uence, for myself
would prefer that this matter should occupy the old
position But that is the precise purpose for which
rose. say that, notwithstanding you may confer
upon the courts jurisdiction which it is proper to COLI
Ter upon them over the sub OF divorces yet in the
exercise of that jurisdiction and that sound discretion
which the courts ought use, there will be cases in
which they calnot grant relief, and where common
s.se and proper feeling demand that relief should be
u.iorded.
The observation was made BY my friend from Spot,-
syvania (Mr CoswAr that he desired 10 prevent spc.
cial legislation for special cases think l quote his
language upon that subject. 1t is precisely for that
reason that am opposed to it. When you will show
TO me that you anticipate special circumstances
and what will be the proper relief in all time TO come
in specal cases. then will admit the conclusion and
! not before. But you cannot do it. 1t i. MT in the
power or wit Of man TO do so. 1t strikes me- that
are acting very much upon the superstition, that all the
wisdom would die out when We were dead and gone
! Laughter 1apprehend that such principle is wrong
IN theory and wrong in practice. do not intend te
make personal allu.ion to gentlemen here by the
mark, but ! wish to illustrate the idea.
Let us take up another clause OF this section "The
general assembly shall confer upon the power
rect the sale OF estates belonging to infants" Wha
DO YOU intend to do in this case' What sort Of power
s 70 he conferred upon the courts Iapprehend tina
no gentleman present intends, that courts to sell al
the real estate OF the infants in the country Tha
shows that the only intention IS to confer upon The
Legislature tho rwer arr hnri7n tho ",rt geo"
ami sell the infants estates IN some cases. This show
that the legislature at last will hare to define tn
class Of cases in which the will have ths power
! and thus BY endeaTorng to provide against presen
mischief YOU will probably prevent the courts or ih
c i.latur. by constitutional enactment, from afford
Ing relief in special that may arise in the matte
cf infants Heretofore the Legislature Of Virginia ha
brcu very jealous of granting to the courts an,
tribunal the power to sell infant estates confess
that were about to leave the world with infant chill
drcu behind me- and little property to leave for them
one of tho things SHOULD be concerned about wuu,
he lest the courts should get hold of these estates
tell YOU when the courts get hold of infant estate
under some general rule that undertake throw
around them the stepnther seln n guardian, o. s1r
selfish left handed friend through the skill of some abb
: LAWYER who is employed in the matter. will maxi
GU, case and sustain it, by which they will be eLtc,
n to the management of the estatea and BY which thu
childrcns acres will be turned into dollars and be
the children come of age the securities are all pls
For all those this proposition does commend
:. itself to my Judgment affections at ALL woul,
e rather leave the it is at present If thu
legislature which is 10 come after think proper Il
pas. laws giving TO the courts jurisdiction over dies
subjects. am willing that they should do it, But
am not willing to constran and compel them TO act Of
E such delicate subject. Nor l. the other hand
i, wiling to say that in special cases which NAV aris
where the courts cannot grant relief. nobody shall FL
these reasons in favor Of striking the section
( Mr.. TRIGG. suppose the object is to perfvc
i the proposition far possible before it is votec
upon 1t has occurred to me- that the definite artc
the" in the proposition Is perhaps. rather too broa
Th, imperative shall, inserted in the place of NAV,
would Seem imply that 1.-THE legislature shall confer o.
the courts and that it might apply to all the courts
conferred. would respectfully suggest whether al
amendment in that particular would not be advisable
say that the Legislature SHALL BY law, confer upc
one or the SAME Courts. 10 not suggest the amcn,.
lueut with any purpose OF sustaining tho proposition
40 reported b. the Legislative Committee In M,
opinion the proposition which has been offered by th
gentleman from Albemarle Dir. SorTHALlj is bette
:lau that reported by tho committees, or than tn,
-ariuus amendments which have been suggested b,
other gentlemen who have offered propositions a; ali
feel unwilling to divest the legislative power Of tx
) country of the supreme lsw-naking power which i
possesses They, are the representatives of the SOY
ereign will of the people in making the laws of TIN
land think, far MS practicable, that power ougb
be preserved to the legislature, and be distributed
: by this Convention in the manner proposed. If thu
proposition ofthe gentleman from Albemarlc adopted
all that class OF which, By any existing law
he courts have jusisdicon will be provided for b,
his amendment, and the Legislature will not hsreafte
have any power to leesate upon these particular sub
ects unless they thinkit proper hereafter to repeal tn
III yestnp this Darticular