Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1851-07-25
1na.s;,,s,sI koaa Hoxrth Paqe.l

(ConfinAed from Fourth PdgeJ
the house dividing for the purpose OF ,ton
This debate ia therefore out OF order though
the Chair will permit it should objection De made
NJ GOODE would say in answer to the gentleman
tom Richmond (Mr Lyons that it was thought o. tne
COMMITTEES that some other tribunal might exercise u
rsGc,ion over some subjects that mignt arse an.
rance some other tribunal than the court might be aP
pointed to determine upon the votes Of precinct
Perhaps it might be board of commissioners o'
the county to which the gentleman from WOOD W.,
YAK WtxxLx) has referred, that could with Propiie
exercise some discretion instead of having all cases re
fsrred to the courts These the views that cPeia
ted upon the committee though confess e1S' - 20
subject that have taken no interest In II al az
The result of the count was announced ana II
ID that Mr. CoswArs amendment was aooP'eN y = w.
noes g. ,.,;,.
Mr.. PRICE I would inquire if motion TO strk-
out tbi. section did not carry. If motion to strike OUT
= part of the section would then be In order
The CHAIR 1t would be IN order II the vote u
strike out the whole section bs with We" 70 inss
something else. :,
Mr. Lyons would .uggest to my friend. thai!
perhaps be could attain his object by addition to Inc
section We would not be willing to grant to any ohet
tribunal than the courts, for instance to commits
sioner or attorney general any tribunal that t!'
legislature might choose to create the power to grant az
vorcss change tho names of persons and direct the
of infants estates But from that point you may ao
just what you please in respect to other tribunals a
determine their jurisdictions For instance YOU e
respects to counties and all matters OF that sort
H.. PRICE. understand the explanation OF the
gentleman from Richmond (Mr. LFoNs) liuiA Ina
thsse il something in the view OF the gentleman IRON
Ohio Mr JAoon) that the latter part Oh Tue se'on
more extensive than the first part The latter clause
reads: ~
But shall not By special legislation grant relief IN
such case, in any other case over which The Law"
may have conferred jurisdiction on the courts or other
tribunals"
That is they shall not egislate specially at all upn
any subject upon which they have egislated generally
Now suppose that Of this sort shall occur ne
legislature BY general legislation has conferred ursc
ton upon subject upon tribunal and 1t ID fouhH
that that tribunal cannot afford relief Now, 1t seem
to me that the section might be made little more dis
tinct By striking out all after the word which In tie
fifth line as follows 'he laws may have conferred Ja
risdicton on the sd ether trbunas aud nser,
the following "by law the courts othe- tribunal.
have jurisdiction and can afford relief" that it wil
then read:
"But snail not BY special legislation grant relief i;
such in any other case over which By law tn,
courts other tribunals have jurisdiction and can al
ford relief"
Now. when the gentleman from Ohio (Mr. JACOB
wa. commenting upon this subject 1t struck me th"'
bv possibility such have supposed migt'
arise. Might you not by general Law, coTer jurlsGc
ton upon the and that court be unable TO aor
the relief required or any relied at ALI Suppose that
YOU confer upon the courts the power to grant divorce
that is from bed and board and strong presentc
calling for a extensive relief divorce pinculc
mstr'mostii. Now suppose that case 10 applied to tn
court for relief, what relief does the party get Why
Just precisely such relief that court is authorized :"
grant, divorce a:erely from bed aud board A many
gentlemen seem to dissent do 10, desire to press il
suppose very probably that the law comforting jGrii
Gct.un will vest in the court discretionary power I,
afford such relief the Of the may require
Mr.. CONWAY. ] hope that no such amendment a,
that submitted by the gentleman from Greenbrer. viii
Ia I rnIe RI G
the amendment it seems to that 1t will defeat th,
very object which have in view in this section. |
you authorize the legislature where the
grant adequate relief IT, grant divorce the Legislature
will take
Mr.. PRICE The gentleman misunderstands me en-
tirely
Mir. TAYLOR rise to a question of order Their,
Ia nothing now before the committee. and submit
whether this debate is in order
Mr.. CONWAY. have a perfect right to submit my
views upon the sectio1as it stands.
Dir. TAYLOR. And / have perfect right to c.l
the gentleman to order.
The CHAIR. The question before the house is ui4ol
striking out ana inserting tho amendment of the Gen
tleman from Aloemarle So that varies the que.
ton of comparison between the amendment and tn
original section
Mr.. CONWAY. Ny remarks were appropriate I,
the subject. The amendment submitted TO the Isl
section proposes that that clause shall oe modified an
it was with that view WA making my remarks.
The CHA:G. The Chair did not understand the gen
tleman taking any other view Of it. and his remark
were in order
Mr.. CONWAY. understood the gentleman fro.
Ohio a. expressing some idea that modification shout
be made My remarks were in favor Of sustaining III
original section unmodiiied
Mr.. PRICE My friend did not exactly apprchen
my idea; offered no amendment, suggested none. III
gentleman from Spvttsyl Will observe that tn. Ia
ter clause OF this section is much more COMPREHENSIVE
than the FIRST clause The first clause embraces thre
OF ha latr eIo
braces these thres classes Of cases but every other
cevable class upon which the legislature has chose
to iSgsiate heretofore Now think in all probability
case may arise of class embraced 10 this latter clause
in which by general laws the courts could not grant
eouate relief Such questions often occur where relit
Is afforded By the iegiSature which is not in either
the three classes whiSh precee. because adequat
relief will be afforded unde- the general law. Ia tn
classes embraced in this comprehensive phraseoogy
imagine an inconceiTale number OF cases o.
shade and hue.
MIR. CONWAY. I understand the latter clause of III
section doing that, and that commended very niue
to my support 1t was 10 Prevent this special legsl
ton that the latter part OF this clause stricken
sad it for that reason that it commanded my entr
appreciation. 1t was because desired that Shout
condemn this system Of special legislation, til
system which induces the Legislature. upon CT
cumstancas not properly made cut, to sit on
appellate court and afford relief in particular CT
where it would not afford re ief under q ger
eIAl Jaw. Say ~ was precisely because tns lattG
clause more comprehensive and because this latt.
clause denied the Legislature the power to afford r.,
In special Cases where that relief would be a;urdc
.n..er general law that it commanded my entire az
probation. and desire TO permit change. And j
view OF the remarks made or the gentleman who Offer
ed the amendment, that adequate relief could
Afforded meant TO state anu SHOW that it exsctl
upon that ground thst End the legislature OF vr
MIA after having conferred UPON the courts of the
entire jurisdiction over this matter ofdivwces East w:e
in despite of that the declaring that the cogf
diduot and could graft adequate relief and that the
took that jurisdiction and exercised dyorcins hui
dreds say if you authorize the Legislature, By acts
special Legislation TO ntepose Of peculiar Earo
anp-and these cares are made out when they prs
ssnted to the legislature upon parts satemen..yo
defeat the whole legitimate object of this Section whc
n have shown, Was to deny to the legislature th
power Of interpreting in cases where the appropr
ate tribunals the courts otbe country thoss
in the immediate vicinity of which all thess matter
have transpred that have to be examined and pssse
h. 7 ,fta rlr -,