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

NOT mysef be content that this Convention should 40
;onrn without placing upon the constitute in words
hat he no ran might read ,hat the legislature should
in any case exercise the power to grant divorces
think it important that the article reported from the
lso lstire committee the amendment proposed oy
the gentleman from Pttsylvania, Or WHITLEY should
-. Incorporated in the constitution.
Tr. GOODE. 1t was the intention Of the committee
an the legislative department 10 make this clause man
on the legislature md to invest the courts with
;r:ction the sub ect OF divorces. the chaneih
names. and the sale Of interstate estates an infants
atotcs The word may was introduced by the drafts
non nerhaps inadvertently it was intended TO lnser'
he word shall" 1t is my purpose, rs have nirea",
;nd;cated to to amend the report by STRIKING out
I.,,or" and inserting '6hal ms to make II mandatory
r. Tint shall be accomplished, the report OF the iesa
,;v. committee will be synonymous or neariv so VIII
H., nropoStion olIel ed BY my colleague, Or WHITE
VIZ, b exception that lie requires The legislature I,
rescbe the rules Of proceeding In the courts "mel
r. legislative committee presumed would deTolEe ne
c.ssa,ly Oh the legislative department The l.glsaiV'
.om,nntee provide further that no special lcg71ato'
hu Grant relief 10 any case in which the courts have
BAN invested with general jurisdiction over subject
he, i. wherever the legislature in any have in
sled the courts with jurisdiction over subject. ]
hoU not be competent for the Legislature to gran
oal relief in such case. hat believe is omlttet
r. ,b proposition Of nv honorable colleague.
/. lens to me that by substituting the word shall
or be word may in the report Of the legislative com
m;ttec-whch was the design and intention Of IT,
c,mn,,t,e-the whole obiect will be accomplished wt!
mn the necessity of striking ont the clause at all
Whenever it is order for me TO submit sucha notion
rrh.n the amendments shall have been voted down.
intend to submit It.
-eport Of the legislative committee nj my instance
Ind some difficulty before har committee i'll e1'cndin
nc far as it IS extended BIZ the report. ruS. that
will lie the pleasure Of the committee to embrace orhr
,,h;ccts The time Of the legislature IL 10 .rent
49,
tent taken up III establishing precinct election. an
skiing the times Of courts desire that those ub;
hould also be rrQuln ed by general laws. um hapI,
70 zee feeling in this Committee in ucor Of nbrdgln
legislation bv compelling the legislature b. genera
laws to provide for specific Objects can
why this section should he amene, at ell, unless
The desire Of the committee to include OF her subject
The word may" may be stricken and 'shalI" su'
,,ituted for il, but that i. wholly immaterial. TIL,
committee will see By ree''n to this section that
takes ru.s the Legislature iow'rto leg-ate upon the
subjects except bc general laws. and i! the rxgencr
OF the coumunity 10 Mt require general laws, of cor.,
tie legislature vii! pass no law upon these subcc
This section prohibits The legislature from grantn.
divorce By special act 1t only authorizes tie lei
ature to upon the sub cct OF divorces b. genera
l. W which shall operate upon every case alike, w."
you may either use the word shall ''r:al II ,r
USE the word may, the legislature vii! have 'v.r
act by n general law. but viii Dave power "a &c:
4 special law and So with reference the c.a-.i,
of aaes sld the snlc of estates belonging iniauts
But hope that il will be the pleasure the commit.
tee to iner, between the second ana third lines Ties
words establish precinct elections fix the tE.cs
holding courts.
/ object to the amendment Of the gentleman lroT
Ibe!aro Mr.. SoUrHALL upon the g:ound that Will.
lie legislature may pa.s general law. ~ II has n
ready done with reference to dlvorcea still the owc
20 act upon thai ST. rect by special legislation is rc;an"
to that body Ny object to prevent this special legi
atu on all sub erts that may be provided for b. gene
Laws tIu of he p.uti item
marie would authorize the legislature pass genera
aws upon these SUBJECTS, bat still t would
ro The legislature power to lrgl>late by special act
I have no objection whatever 10 the proposed ameni
nent III the worthy char man OF the legislative commit
tee 1t is wholly iurnateria whether You the
NAV or shall But II seems tn that it is bett.
10 retsin the provision as II was Presented by the con
nitter with that sins lie exception.
! object /. the proposition Of the gentleman frcn
o.i,yivuuia. (Alr. nIrTLE.J upon tins ground Tbs
coulutes will kat Ills srcun authorizes the lego
ature To confer this power upon lie other r
Junals Tue amendment .. the gentleman requires tier
10 confer il upon tie courts alone Now, II may tecor
iecesy in the PIN, OF Tie tli:ia;re 10 g ler thi
nwer upon other tribunals han Tie courts. hope hi
10Th the ain, ldcuts will be voted ani that tl
committee fit thinks it Necessary, will adopt the
nent suggested by the gentleman from Aleckrnburt
! Mr. GoupE.)
! Mr. SOC HALL. believe that We are Engaged il
H.. pursuit ..f n common "lc,t If AM mistaken i
u
IeIburg the gentleman lrVia Harrison. underatnn,
object 10 he cmrlll n tar as re can sntci;.
Legislation upon special Sub 10 cut of,
provision bc made b the organic law the nrmrrut
Of private, local. and special character who
annually up here IL your general assembly IA
relief. and to provide, far piact cable that Ill,
legislature, by general law, shall establish somcwher.
else other triDunal-wh,lher the courts OF ju-,ic
other tribunal than The courts If Justice:
forum for the decision aid ':i-r",tion of th">, spci:
What, then Is 1t that | propose; If ! urGr
sand the sp;rit and bearing Of The 18Th sec.irn IL
legislative Committee 10 propose that this suhtt
divorces, this subject of the sale Oi the Estates
infant, aud una;c, hall BE- take Out # the NIL
tude Of special ct-e-, ami that The Legislature Of VII
ginia shall. bv our organic law, be required "a conf,
,pon the authority I" act upon hu,c lccal cas-,
y ell now, if understood he argument Of lie grr:!,
man from Harrison, he has fallen into very ,ingu,a
surprising tlat unless yea grant ills powcr
the legislature they cann" exercise it. Why, the get
tleman is very well aware ,onbi, hat uu!ess Va,
prohibit and restrain lie Legislature b. your crcur
law they have jurisdiction over particular subjects
NJ. CAMDEN. The gentleman Wholly mi undc
,tands ms remarks. did not contend before this con.
nittee that the legislature could ouy exercise TIL
oower OF granting divorces By rrov i"n il: the con,
utoa comforting that POKER up"u that body. but nj,
beet is take that power from The egis allure exc.
y general law Unless you restrict the lcgi atui.
Las unlimited cnntl"l the subject. Ny obj CT,
restrict the ion Of The Legislature except by gen.
al laws. Now, ,lic proposi;;" Of the gentleman lri
Albemarlc il 20 give pow-r-:- | uuder>a nd i:-t"lh
legislature pasr ese genc!nl laws tut also rciaiu
n that body the pow'r |" act by special Legislation
which is what wish 10 prevent.
Mr.. SOUTHALL. The gentleman from uarrisoi
Mr.. CANDIES is wholly mistaken He vi! roe that th,
tjcct aud praseology Of my amendment such rs
rprivc the legislature, rather rcstrcl Tie xercis,
ny tie legislature Of he iowcr 10 take luisd,,i ton
matter where the general law of he land couers:
Jurisdiction the court other tribunals.
| Mr. CAMDEN. Suppose That the next legislator,
rpesls ali the genera! laws Upor these ,ubiccts
Mr.. SOUTHALL. If sach .e. inprpba bic po>siti!i
~ and snppostGn be realized then my amend
nent, admit, sn"ul ~: Le adopted If YOU can for
IN lc moment. ~. poe that the Legislature is ION,
r, power 10 erect it-eif into toy and court of s
zee where every thing is to be tried, then admit rlat
would put restriction upon restriction to prevent that
tft eau we aurH's: hat tic Legislature will repeal a
liza general a~s upon t!i- and ell tic otlcr variou
ubecs OF interest 10 the people: And 7-a;;ll asi
l.o, ii such an apprehension is felt b. tie ge1.-nOn
Why he selects among the Iaat and o:.: c3;;o.:. a.
san,s that the people desire, these two -inc In
divorces anu sales OF infants LANDS My iri'n irr
N,,sifnb MIR (iOop- II ga,