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

10 the discretion Of the general assembly and all thai
we need here is to restrain the power of the general
assembly.
Mr. HUNTER suppose that no other amendment
would now be in order Now my impression is that. il
he amendment indicated by the gentleman from She.
uaudoah Or WILLrAMs should be adopted ana then fol-
ow ed up by another that have prepared will cover
the ground still eifectually than any other amend
pent that has been suggested At the proper time il
can get the opportunity, shall move the following
Nor sLal the general assembly have power to pass
any net creating special charter corporate power
except FIR municipal purposes and for purposes of bank
ing and internal Improvements; but corporations and
may be formed IL all proper cases under
general laws"
Mr. CAMDEN. The gentleman from Jefferson (Nr
dusrER) will find that his amendmen. is provided for
another part Of the report of the legislative commit
&c. The subject very iuly investigated br thai
committee, and clause provided to meet the view
# the committee upon the subject Of corporations. The
proposed amendment Of Tie gentleman from Shenan
icah (Alr WILLIaMs) varies This report but very little
nnv Substantially, Now what would this section
mount if amended according the suggestion Of tn,
gentleman from Meckleburg. Nr. GoopE.) making il
read shall instead Of 'mayl" The only reason why
h1uG prefer the word "mly to the word shall would
10 that the legislature might possibly upon %
hese cases not think it necc sary pass any genera
NV ut ull Suppose that the pab!ic sentiment should
1ccome settled down against the propriety OF permittn
he sale OF lands belonging to infants. If the
vor "Shall" it will be required to pass general laws
!pon that or any other subject. II you Use the wore
NAV the action Of The legislature will DC then
rolled bv public sentiment upon the bect So ii
tereuce to divorces and all other subjects take ii
ow.rer that the legislature will act upon all thes,
natter, bv general law. The word may inserted
, ob, late any difficulty that might arise IN consequence
the change OF public sentiment.
But it is not at all material. Let the word shall b,
H.. lt1,, !.
a effect that The legislature shall not act by speca
Nv but b.. gen, raj law upon the questions of divorces
hanging of names, and the 81 Oh infarts estates II
true that these general laws may be changed or modl
ed ! under>tan;: from gentlemen here that, notwith'
:audu thee general laws upon the subject of divorces
nc legislature last winter past more bills Tor divorces
han perhaps any other legislature passed II Is
rae that bv the amendment Of the gentleman from ~
,cmarc MIR SorTuALL) thar difficulty would be obvi
ted! st i: is also obviatcd b. another portion OF this
,gis!ativc report.
Mr. CONWAY II seems 10 me- with great Difference
The opinions Of Others, that this report OF the cori'
mi,tee modified rs suggested bS the gentleman from
rc,cnburg MIR GconE,) changing the word may Il
shall" will accomplish the end We all have in view
ii Tier with the gentleman from Harrison (Ar. CAM
I'M in the reason for that change desire 10 make Ii
aiuatCry upon the Legislature ts confer upon tn
rrts exclusive power grant divorces, change names
i direct the salc= Of estates belonging to infants o'
ser persons under legal prohibitions. would aiso
Ter 10 have Il verbs "or other tr buna stricken out
;.,,c it that Il "y are entirely useless
Now it seems 10 hat that Is the object that W.
II have in view and about tie pr"prIctv OF attaining
lat end there be qu"st.n Any person FAM
ur with the LEGISLATION OF tie last few years must be
a,i.iivi that Il all tribunals in the world the leglsa
.rr Of Virginia is tie last one that should grah
icea and NEEDLE with iufuHt> estacs-ior noth:.
easier than Ia obtain divorce upon any ground, u
i,an direction for the sale Of infants esa cs by ao'
- L. tItnt y n.
merdmrnt now pending be voted down, the word
"a: r" change. to shall, and then strike cut the words
or other tribunal :he end that we all have IN View
ill ic accomplished. The eject Of this section vii
ru be to co.er upon the Courts of the Country th'
over TO do these TIN things Viz grant divorces chang
alne- Of persons and direct lie sales Of infants estates
nd the legislature will have 10 Jurisdiction upon these
uects except by general law. hat is the object that
have in view
Mr bUCUCK | nave listened with great DEAL Of
,trlltirn TO the remarks ui IT.. gentleman from Able
aarle (Alr SorruALI) who has much Knowledge in Re
ard IL this matter wish IL ask Of the gentleman l..
xact state Of the laws Of Virginia. in regard to the powe
fcnrrts upon the subject OF III. Now believe that
lex have p.wc: in certain 10 grant divorces from
ed md board and in 81 "citicd cases 10 grant d
s1rcc, from tie bonds OF niatrmonv. Now supr"s
ha; til. section is amended desires. AID petition
ONES here next winter f divorce cincElo matri,a9.
III TOR some cause under the law. The Courts cou!
ut pr. n. such divorce. but only one from be anc
ard wouiG the legislature have p"wer to act upon that
,ub,ect'
). MEMEER Certainly it would.
III BOCOCk Now take it 10 be the object Of thi'
convention to restrain The special action Of the ASSEMBLY
md mre il to lc court. Of he country to deaf viii
re case MS with aEoher but let every tani uPoi
: own merits Now have drawn UP n section which
viii read by way Of argument. which shall propose
an. cndment at Tie proper Il ne. do DOT desire t.
oImand the legislature 10 gisatc in any partlcu!a
way ~ would Lc tic uu,.-r tn" suggestion Of tn
cGllcrEam irons MeckleuLuig. Ar. GoonE to make y
cad shall" Instead OF may" Ny Amendment is a
flows:
Th. general assembly shall not leg-!ae, mr. under
akc,o act upon special otherwc than by genera
avs
II gentlemen can tell me If Any special case th''
h"u!d he excepted, | will except Bui can think Z"
.une ,uw think the cour; ana jury is better trbr
l.l for such purposes tlnn the legislature
NJ SOUTHALL. have r,rt Of objection to til
mvadmcnt OF the gentleman from Appomattox CIR
,ouccE) ! think there Ii no difference between hill
nd nIvsrlf, ara will accept lis amendment
Dir bOCOCK. / will proceed further: will ask N,
ri.ud upon my right (Air. CosWAYi what is to be dom
u cn-c there is II" general law which will reach pnr
cunr case: There may bc cases and such cases YER
ccuentiy occur. where no general law will rcac. then
will remind the gentleman from Scott. (Ar. FuIEIE
OF. of a case which filed by him in the legslatur,
which could not have been reached hy general law
nd " hch had to be disposed Of bv ca legislation.
IT. t!.c Ect CI I've III EiklnE III
!,Du-iti.n of wItn,sS,s LOO miles defiant T. e.
RI, man, Gases which will require special legislation b,
l,i,c thev will come under M general law.
The CHAIR The Chair viii here remark that it i
10" in order for the gentleman from Albemarle 81,
,ouTnAIL now 10 accept the amendment OF the gentle
nan from AppomattoX (Mr. BococKl
Mir SMITH, OF kannwha This is section which
es.rG oHe Of very gr at Importance and upon wlc!
beg 10 be bear: for moment
The member from the county of Augusta (Mr SHrr.
FEY has v,ry truly said that the legislature have al
power except where they limited and restricted
Tie legislature have power over every interest ant
yer every thing III the State except where it is Unite
" the constitution. The opinion seems to prevail
n,ong gentlemen upon this floor tha, the legislator
las power except what is conferred Upon it br h.
rrstitu,on. Now it to me that this clause itscl
objectionable upon that very ground 1t is conierrn
upon the legislature mhi, II legislature alrca,
,ossesse+ The Legislature la. Unlimited power unless
is restriced By the constitution. aud think we ought
ot lie guilty OF inserting into the constitution pro
,ion granting power which, wilou; that insertion
ready Tel, ugs 20 Legislature. Tie first claus
! section gives to the legislature the power I,
az jurisdiction to the courts over divorces and ove
q ale II he lands OF infans--a power it is truc