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

imagine me en1 - he we'll fonnded-that the legis
atnre will be constrained to confer genera ursoetlon
tbese subjects upon the courts which may be insh-
nted in the State Certainly such is not the desgn OF
the Legislative Committee. IT was oes'gneo oy the
$500 ~ authorize the legislature to designate the
Govt hr whom the jurisdiction should be exercised
W. not think that the criticism which he submitted upon
tL rssoton is sustainable In respect to the other
questionable whole matter between the gentleman
e., washington MIR TRoo) and the Legislative Com
n;,toa-;s This. The Legislative Committee deem It
;mnortant TO take from the legislature jurisdiction ever
or;ous subjects which they believed have heretofore
had tendency to lengthen the sessions OF the general
assembly They believed, moreover that the leglsia-
ra vos MT qualified to exercise discreet and wise
upon this subject For these various reasons
bnk therefore it is necessary to pass the clause
norted by the Legislative Committee, and reject the
| pprono.iton of the gentleman from Albemarle
Mr. VOOLFOLK Ny friend from wheeling seems
n suppose that there great many gentlemen on
This boor who imagine that after this body is dead
bare will be no wisdom left in this country Now if
we were to Judge of individuals by their actons-and
ideas may be communicated infinitely better BY action
Ian nv words-one would suppose that some ten, IF
.nsn or twenty gentlemen here regard this very
stund bodv for they think it absolutely necessary to
MAKE speech after speech and argue hour after hour In
ord to hammer into the heads of the dull geniuses
tb. floor their own views and arguments Laughter.
Now I diiler with the gentleman from Wheeling III
relation to that matter think there is pretty smart
ouantum Of intelligence here but great many lnolvdl-
ais seem to suppose that they are the hrst men IN this
Convention. Laughter
shall vote against striking out this section and for
this nain reason: am for measuring ont eTen-handed
iustice to all-ligh or low rich poor have been
O member of the legislature for same time and have
seen applications for divorces rejected mere IN cases
where the Judges had refused to grant divorces from
bed and board. know that two distinguished men III
this States were granted divorces a'u IN oo,n Of
these COS there was not sufficient ground to grant dvo'
ces from bed and board yet when applications came b4-
fore the legislature from the humble and the poor,
where di vorces in my humble Judgment ought to have
been granted. they were rejected :,
If Won throw this matter before the courts you will
find that the courts will decide alike in all cases, rich
or pour high or low. Bring it before the Legislature
and while rich families get divorces ON mere pretexts
the humble and the middle class are refused re.
dress shall therefore vote against striking out this
provision because want TO place this matter on some
permanent and lasting foundation and not leave it IN
The chaugeabe feelings Of the members OF the egisla-
| ture
! Mr. LYONS shall vote against the motion 10
strike out the section reported from the Legislative
committee with view to insert the amendment OF Ike
gentleman from ALTERNATE. because the amendment
| of the gentleman from ALTERNATE does not take
away from the Legislature the power to grant divorces
They may, BY that amendment confer the power upon
| the courts or thew may not Now, in humble udY.
ment legislature is not only the very worst tri-
buna to grant divorces but they have ho lawful right 10
grant hem The supreme court Of Kentucky have Set
tied that question most correctly BY deciding, as they
have done that law of the legislature granting divorce
a riaeulo matrimcnii illegal and void You pro-
vide br preceding section that the legislature shall
1ass no law ipair;rg the obligation Of contracts They
cannot BY special legislation divorce ME from my horse
or nv cow but you say that they may divorce me
from my wife
Nr. JACOB. l desire to understand this subject
and would usI the gentleman question. Can til,
legislature authorize the courts to violate that pova
ion which says you shall impair the obligation
cotracts
Mr. LYONS. Not ut all, but it is violation 0
that principle the common law stands If the leg
slature provides what shall be causes for divorce
then when marriage takes place afterwards, the par
ties enter upon the marriage contract according to h
law existing the time the contract is made, and ii i
decided accordingly There is, therefore, violation
of this principle when it has been decided by genera
LEGISLATION for what causes divorces shall be granted
But when YOU come before the legislature is Very
different case. marries lady possessing per
sona estate worth 100000, becoming b. marriage thu
owner OF that estate The wife comes before the lcgis
lature fer divorce She s perhaps forced to be nj
applicant for divorce by of Ill treatment Yo
divorce her from her husband and yet YOU tax
tn. l.u"bond dollar # the 100000 worth
property he has acquired BY his wife YOU cannot tax
from him horse slave You cannot mpa;r or Sc
aside cancel tie contract Respecting the proper:
which has been formed By The marriage and vet 20
undertake say that the Legislature has power to
aside the big her contract between and wife. II til
legislature is Tie TRIBUNAL grant
ought loubte y to have he power oil exercising ecu
tably and Justly and Of saying whether tie whole pre-
pcrty sha be restored the wife, aud ii not the whole
how much OF it, and yet what court is there that woul
obey the law execute the sentence Of the legislator
in respect 10 the property when it undertook inter
.re with the +, ht. OF property. Provide before han
ty general Legislation in what divorces shall
granted, the common law in certain does now
and then when the parties into court of iustc
Legislature will have prescribed the terms whc
divorce shall be granted, they have decided on wha
separation divorce al et Moro shall
granted and the court will have decide whether tn
riuie property shall be returned or how much OF it,
| am very happy in being able to ray that during NJ,
service in the legislature never did vote for divorce
am very happy i'll being able to shy that during tn
period when had the honor Of n seat on the floor
the senate there divorce bill passed. becuus
there were half dozen Of us combined and determine
to oppose them. Inever could vote for divorce bill
because never did believe that the legislature hs
power to divorce 4 from his wife, or wife rGr
her usbaud when they have not the power to divorc
me from the horse the of which am the Iawfr
owner. shall 60 into the other aspect Of this uue
ton of granting divorces. Suffice it to say that, in n.
opinion the worst thing for society that could happc
would be for it TO be understood TINT divorces were
be easily lightly obtained. If obtained at ALL the
should be obtained from the courts under prescription
OF law applicable to all and not has been sal
BY the gentleman from Cange. the offspring of passio
c aud prejudice 10 particular cases. shall 70 acain
the MOTION TO strike out. because am for making til
. net mandatory upon the Legislature.
The qnt' on being 'heu taken the amendment of NJ
/. SourudlL ga elected.
Mr.. TAYLOR. propose to amend the section b
aiding after The words legal disabilities in the ourt
liue, these words, and divorce shall ever b. nan
ed uinenlo morimon except in cases where the ma
riage contract void in it, inc option"
Loud cries of no, no, from al sides
Mr. TAYLOR. ! am sorry to find such manifesto
ton Of opposition to the submission Of proposition
this sort. was aware that the prevailing sen.imeu
this State in favor of the exercise of thi,
Every gentleman must Of course act upon his own opr
ion Of the expcdency Of the exercise of such powe,
. Having oppo tunty publicly TO express my views
did not feel content TO let the opportunity pass o
offering this proposition Fit is rejected the re.pon.
b!lity not upon ME- but upon others do not wis
ect which affords fruitful theme for declap,atio,
, and argument. The time has passed bv when It
proper 10 detnin the committee with argument hu