Newspapers / The Weekly Raleigh Register … / Jan. 25, 1810, edition 1 / Page 1
Part of The Weekly Raleigh Register (Raleigh, N.C.) / About this page
This page has errors
The date, title, or page description is wrong
This page has harmful content
This page contains sensitive or offensive material
if f i, i Msr REGISTER, im A T GH AND North-Carolina State Our are the pbm of flit delightful Peace, Unwarp'd by pv'T rle to ''ve I'e Brothers. tt THURSDAY, JANUARY 25, 1810. No. 540 Vol XI. -j; : . ! i Gazette. entrral Hssnnblp. uaxk HILL T' i-.'!' underwent considerable dis- ..,,.r,': in fie sc.ato : but luvnt;; ai.Tu-, ..m r- de'vitc in the House o j j : ,? .s w - j .;. i. m ,c ir f)ur rc-i!rs u oul I .... u. d.veit too long upon it, uere j ", e a dctat'ed r.-por; of what uok i .. . ,:.Sen.tc, more es:eciailv as 1 j on tni". sn ;c:t at con-uter.i- I - jr ,M:ncnts would appear, in most j r-. a repctiti n of those which xt jv'ert(i. shall, there- 1 t- !:it !U: s'.a:e the course aim h l.V: ! i . ;r t (v I ' UR "T'l'ill. . .ni.i n ; , .., i',c diTer-.-M uoliu.is were sup . .. ' ( r o')'rstd. ration js made by Gen. Welborn , M vrje on: f the biil thtpart which T:fl Cd the burning of the p.iper cur- ; ,;v rc!ic frtm tiic Banks, for) 'v: vir;:o-r of leaving tne Leil .f ire ; j , j;t u : ;: as they th v.ii-.t proper at ; rf i.. ses-io i. I'h.ia mono i , v trJ by Mi' s. -lixrn and yo.' - oojKjscd by .Mr. bludc !.. 1 i. 'e rrvvc;I to s'.ikc ort th.t - . I 1 I . . L. .1. . . - t . . - . " . . ,J 'lie 11.1 U I1U ( I s- Ui I CtZ . 6 . r Hicmev in the Banks. T'.c 4 , j ,- thr tax would come into the y-t -:: as odicr t.ixr-., and the Lc'cis-1 i. ... Ar.,,l 1 ') ini such p.irt of the pm- v ist'.ie.- t!r'i :ht :ro;er. Carried d-n. Yvi:! r d, tor tlie ..kc ot .! a ? tkir the tjx uaitorm on cm Bank. ; j -Vxc it " i:-of the cic a oiwdrnd ; ; cf h. i:ucd of one per ce nt, cu tiie r A: it ti ds motion wa- op.scil by , r. . i M . ..in' uncci i-lu, and -cd. i. moved ..n amrirlmc'.! fo !l :l t'iks f.on isuin in)1?-, o i f i ' ... v ; C ! hi or. i ins iii"i' i dcsr s. 1'itts, W'ellorn u . .i" . ! o d by Mrrs. Sl. !e 4". ! 4. kcr.s. 1; t earn leu. J tt) - J. j (V.'"- :'.irc! radingof the Bi!!,intlie I t;, f t " jui r j"., a no u u" it ion was tt-; i i : e . (.ration .iiinst i.nni . w,, J), ,.'s, ov atlding the ioilow ir tli.il is to vjy, tliey sli.dl not u N on the faith ! dejvMits, to i a-roun: t i !io the sni illest a r i i,f c:e;u-.':i-. 'rhich have bcu i v id I ii.iiks at any li ne uiio n jcarr.cxt immediately preceding." DKBVTE on the p:yo 'x vu aumo:;y niLi- T c .. c bill being read forame;'. !- ' ; ' ' 'V.orv to iis second reading, j i k- s. .,,.t. 0i t:,js s4.-.tc, j x'" 'k: r.nuv moved to strike ou. ' v ! I the nisi section oi the hi.: - v n".:.;ef! tli.it .' : fit v should be .r.D,( .-. Iici uii'f ot ti c diffi-lj r-' 'v 1,,-t w.ijkl ..fa nd ti.r priK.l in si-ch ! ' " ( r c li-l laii.e iGSUCI'tJ- ! f r it x'a.- '-.rgativrd. 1! t i hi uv ij ( i, eoi.e through, and j! eti..n v. iv.ir. shl this bin 1- v'; r:ll'' IvNU.iti i i n iiiv saio, he'.orc the (iues- f t. u . aktti. a lie ilecniCil the s"ii! ' :.a;t. he 'oul take the ii er -' . ht u sons lor voti.i ,: ..-'ii si -ci.; this IjiIi. If be utidcr e; th-objects of the Legiik. ' ' :: -an ialiy, inc ol ihe I t" i; I s to n.xs laws to (I'k- ! .tn , t.l io vimti-.'r i re- ' i hi e .; r I us mil voutt r.ot, . !..;v. h.tvc a rontr.ivy J t'er if v;on!d ni t:H.ie.:se i '-. it". , a r.d lessen that v- : c t i' ,at to iltend the mar- .t t : ' pi-til c ol tne c"i.;e;e:it nx -t .; s,i t:u t.ill tor v hteli ui "il ! .)o:..ined. The iiist t, .cy. As a goo 1 deal of i ! o passeo uii e ..ilv on this '.M.'.dd not a.ld to 1 s n i. I lie nevi caii-f -v..-,:! I ii nst, .Mr W. v m.tfea- Ibr anv m in a- o. ..,:ai;.;i.g a divorce ; r n.mt thi infamous p r e .e ol witnesses?! -i left for the Jud "o n f r nt a tiio;ce, if the ! He e.ivl nrt thinK t!ic I .:..t . nv ea- o l ; r i; 'sril any ii.s ui.i.i to '..ntatn :t Cause 1-, v. Iicre '! w- . .. i i I ii-tac o.lu r for I :! t;.:s would n '--:;: .o vieious tet: advances of dissolute men to corrupt the morals of women in uch a situation . These, he believed, were the only causes memioncd in the bill for which divorces should oc granted. He had h cqucntlv heard it said in favor oi pass- m a K)l :us 'K;IU ljuu otlcr conn- tries h.-d Similar laws. Bu., in Lngiand, wiivrc uiey nave a taw on ui'.s Miojtc dv-r-cs are not granted up m t'e c is f,.,ms u h;(h ,re ,jere pro;),Jse.i. f t ,u. ;,,,,jnrS. !)?en n .., ,hv ;ru.(., . , . ,i . ;t.i ... , a .1 .. 1 I ... . uoitct. isy r s- lu;u td and decided in ('(nir;, the dcciee t rce mus' b n';tir;fl b 1'arli orient. If a law of this kind were to be pass ed, it ouht to be better guarded ; the obt.ini uent of a divorce oiu;ht to be at tended with more di iicuitv : for a bii! , li'-x' t'i present would opn a door to all j ki i.N l ini nora!it , hy holding oi:t a tempt ti n to vicious j.ropcnsities ; ai;d h? (liouht it unbecoming in this Legis I .tuie t pass a Lw which would in any manner ;essen the obligation and solem nity of tt c marriage contract. In h, t 'ru uion asked Mr.WVwould .r.i act ot this kind place our Court. s of !toin!? It was st tied by the gen le mco oi th. B ir, t ii.it they bail now scarce ! t: lie s'i i'.cient to tio tiie n!inarv bu--.in oi -ire Conils. So that it the Le ;i-i.itut e were t)givc them ihislju i nes of graining I)iorcs, it uo i! ! x clu !e id ii- uesi clu ir.s'tioni acliaiueof IU...H r tiK-;r C.l'lM'S CC( 1 .UN d. ' . r. V. comdu .!'. .1 wii ,i cxprcs .m- the d- 1 i j 1 1 1 i t - under which he. lab j.vd, Iro.u nui UaMiig received tnc adaiu gr of cju ii n ; but s..iu he kh ii a i!my wliico he oweii uiuisell and Ids co.ituu- i ns lo n .ke the lew remarks v uic.i he !ia i aubuian il, Tiie bill, he s.tiu, wai an i'I.I i .ju i tan . I'ci ytaiN an, u ou id lew sii.ipTr.t' a, t)ijt of latr veils it secnud o h .v a-oed ga-ned gr.jund. i'lini thr in iiiv pen ions which, he i h Vi-d, were b,-oug!v. foiwar.l to the 1 e t:i 'atU'c for i: I'el. But he did not think !h st -ought to h :ve a .y influence. 11 h nl pr:i-n 1 1 s n.e ol ilusr petitions himself ; ou always sta'.en that lie did ,;u 'hi k tii-y d.vf.v.rl attention. U h:ed the bul, ai lurctoloie, wouid be ejct.d. Mr. I'l ckkvs sr. id. were the body in whi !i he n w sto d, a Convention, and the ij c ti n bef re it w.-s the propriety j .-i . . io : ); a tr 'o rrrant Divorces to am ! i. ;..;! . .:. tf t.he t iovernment, he , j ,hnal'i 0.- o.)i) sed to it ; for though it n geneialiv held ilit lo giant relief in ! ex. i erne cases, he would vote against i any p. op .-i ..in of tlie kind. Bu', said ; i.-. we art n t p' ict fl in this suualion. j Divorces ire occ isj 'nal'y grant. d .v - j i y 'cssi :i d the L-t;', l..ti;i e ius it? com- . mi t e on tins s I'ncci and the ontv ; i siiou i-, m what hand the amh 11 v i : 1. 1 r . s wnetnc: i may m t safe u .le.i in tjie !i nds of I'K L gi - i.,"r, wuie tier'.isions e ina'.:e cx i tari:. orio our C nr; of JiNtiee. where j he . ".r.'--ses on hob vdvs w id a be' 1 .pi ti llv htard. We justly bo..st, , s-ii Mr. P. of our lree coiisihution. wh5v.li provides ti it none oi our n;;is '. c..ii be dleeted but bv tiie law ol lite i.uid, and ov atrial by ju v, where both ; parties h-e an opportunity oi Cf,oti oot-1 i in' eacii other. i'nis is tar from be- liir the c.sc'i.i the (ler.eial Assembiv, Ltei'y day evinces tne contrary. A few iiuoiicii fiwiii diit-rent parts ot the "siaie are apointed a coninutiee. A ptir.ion is l..nl bciore them, in which too petitioner iias ati oportunity ol p.df.rhi ; hi . case in the strongest mun ner. Tiie other party knows nothing .. : :. - i ... . i .. : .1 i: -v is "iiu.: oo, anu uiu lei'isiami c i.ooi i. earing one side of the .juesi.o.i, on a case wnicii, pernaps, eti" c s ihe lia;?i)inss of an individual for hie : th u 'Ii it is declared bv our ;;.llion ;ll ( lci;iu.r our .jlis or r. p-rty shall tf cied b ji by tr.al by jni i. Tiie bd! now heloie the Sr- te 5)vvid .s If. r such a irijl. lie e is di u! d n opi'oruinuy of investiati ;g the bitbj- ct, and !; -..nwing th- truth ct il. r. 'i s n ' rasr- mi the (Je.neial As somb'.y. S ;ppose, mk! .-.I . p. we were M atle-Hp: to ;y a nian f r liis life, would not tvciy man tart at il ? And yet in a ra-.e e pui'.y important, ihe L -gi .i.rnre b is h. re'of .re acttd in a judi cial c ipaci y. Were we about to de cide htfvcen two persons on a right of ropvr-y, evety gentlemin would say. we n v not Mi- tes'.imony on both s ds, vc wi!! tii. r f.ire vest this right m our :UU "f J,,vici" ihev will hear ihe 1 " -" iu" vhIlnc o: l' i-r i- vv nv, men, . . I . . I . I. . ... I r i .ii;s oaiuctiur cise lioni tc- u.-.r.:- .! a c;urt and jury ? It - i h.ii ,ii (t ,, xvoul i be easy for a vicicni oal O " O.l a ibvorc Were the ' urls of Justice Vessel with ihe pawei 1 of granting them. lie would not sup'; pose that the Courts of Jus'ice would , be mure likely to be imposed upon in a case of this kind than in many oihers referred to their decision. Besides, there would bz'd much better chance of doing justice to the parties in their osvn i neigttbni hood thm I here would be any J wuere eUe. No divorce could be un justly obtained, because tiie question j rou!d be tried by the neighbors of ihe j i partits wno WoulJ see tint julicc was : dune. The experience of oth r States, Mr. P. said, proved the propriety of placing; this business in the C -urts. In Penn- j nyivania, ihey have h id a law of his Li.-.d for the 1 ist iwemy years, and the j eon equence is, that few applications' .re made for d; vorce. 1L had resided in that ciiate for several years, and he never heard of any ipplication made. A man chuses to have a very good cause ! tlure befoie he comes forward ; be-1 I cause if he fails, h- is saddled with hea i .... i . . . . . vy costs ; om neie in apply ing to tn ! Lcgisla-ure, a man is at no cost. If. he g-jts a !ivorcc, it is v.ll ; if nut, no-j liiing .is Io-t. It lias . ! ;o bren staterl. that the nr posed mode of granting divorces, would !:ss.n the solemnity nf the marriage JcontiMct Mr. Pickens f It no-disp - i n o (j tins ; bu it might as we'i; b- sad ihat tlie sacrcdness of niv other; ! ii.ht might !.: sse-n-d i)y referiing its' 1 tlecisi ju to a Court ot Jusli- e. When vc "xamn- tiie J ui .iAi-i ot Uie (jne r d ssem'.y. and ste th.it fifty or sixty ippii at'i.iti-. for ;! v.r-es are made, in rhe con ,t. of a session ; and we luarn "u' r.i larger States, wli -re the busi ness is in ;he hands of ihe pourts, in- t.tnecs o! tiiis Kind are r:re, wecann ot liclp se ;o in wnichcase the solemnhy ol tiic m vriage contract is most respect spe t;d. Tfv.se, Mr. P. said, were some of thr reasons which wouhl induce him to vote I'wjvor of tiie bill ; for tho' opposed al-1 gather to the principle of Tantfhg di-lj . . et. I"t.r,.-..- ..-..1,1 U ..I U.. j .s in favor of vesting the power in the!jV- belie v-, that it contravenes the prin i Judici ary, where each pany might have J ciples of the Constitution. Corruption justice done them at their own expence, rather than trouble the Legls'ature wih i, where on'y one rl.!e of the question could be heard, and this at the expence ofthcS':tc. Mr. Tcolk I lament that my stUe ;f health d es, not cnab'e me to take such a view of thU subj-.-ct as i's im-! pnrtance merits ; but, illy qualified as I feel to deliver the whole of my senti-1 .1 . . T- . . I merits on me question, i cunnoi p rmii it to pass by without some anim dver sion. I feel, sir, an untjualificd aversion to the Bill now before us : this hosflitv, is exii'ed bv a conviction tht iv ith-.r ! the letter n r the sniri: of The Constitu tion, which wc are b und by every con-j d ler 'i n, even by our sol nin oa'hstoi ispect an 1 no to violate, will jus ify it? ! .s 'ge : I believe too that it is useless; that it i even worse ;han useless ; that u 's dangerous and inexpedient. It is a position, to ih tralh of which none w 11 be ready to withhold heir as sent, thai wiiere the meaning of anv in- s ru nept can he collected by a literal construction of tiie 1 inguage used, noth ing like a liberal interpretation can be allowed; for to violate, by a 'perversion of language, or by open and evident j misconstruction, a cfnrterso sacred and ; invalu hie as our Cons ru' on, are rimes ..f su h equal atroci y, that no j divination can be necessaiy. Whi n ; therefore this inst tinitnt defines wi h I s much precision as th English lan gnage wil' permit the meming,of the Pramer, thereof, it cannot Le argued, hat it does not intend what it expresses, r, which would be equally absurd, that it intends any thing else. I am well aware thit the doctrine .vhich I am about to advance, will be n Id by m ny, perh ips by all, to be no- v;l and unprecedtnted ; but I will be j pard ned for ir.troducing it, especially I wtreu I have serious doubts whether it; is -not on th:s subject conclusive. The XVill-h Section of the Bill of Rights ex.uessly recognizes the right f ihe People to petition tiie Legislaiure for a redress f grievances Prom this tight in the Peo;!e, it necessarily fol lows that it must be the duty of Ihe Le gislature to hear ; for, otherwise, their comp! Tints would be as successfully ad- i; dressed to the w nls, as to those who !; ble off our hands : one part of our duty ou-!v to be the Go irdians of their rights j is to redress the grievances of our con i..d privileges. If then, the misconduct j j stituents, and it is one to which we,are of a wife or a hub.md be a grievance, ' as much.boqnd to attend as to any o f whic. the party injured hasa right to ther. 1 regret that the second" argu complaih, that complaint must be nude, jj ment bas been advanced, because I am if made at all, to the Legislature, for that alone lis clothed by the Constitution with competent authority to hear and redress it.; If the Legislature posses ses this power, no other branch of Go vernment can exercise it ; for tlm would be placingequal and the same power in two ditf-rtt departments, and woald of course corrie directly in conflict with the clearly expressed St obvious meaning of the 4thsec(ion of the Bill of Righ s, which declares, f That the Legislative, Exe cutive and Supreme Judicial authorities But, sir, it jnay be ask-d, cannot the Le gislature transfer this right? I answer that they Cannot ; because no such power is aoy where given to th?? and that which is not delegated, is vvHfiheld and remairjs with the People. If they possess the power to transfer any one of tiieir privileges, they have the sa.-.e to make a compliment of the whole, am! thereby beiorne the mere engine of Ju dicial supremacy : and, if withom the sanction ofj the Constitution, they can extend thejpowers of the Judiciary be yond the Constitutional limits, ihey can widi as much propriety and u.dtr the same col ur of righ:, delegate power to a b -dv of their own creation, thus be- i com ng. the source of power which Was not intendejj. The question, in a word, comss to this The Courts have, under i the CorwifMi ;n, the right to act on cases of infidelity in married life, or they have rot- In either case an act of the Legislature w u!d be idle. Possess ing ir, they! could not be deprived of it, and wanting it, no act of the Legislature could comejto their aid. But sir, what evt r riu;ht if may be thought the Courts have to determine on cases of this kind, a v: ry littlej reflection must convince us that it woujd be unwise in the Legisla ture to enable them to exercise it. 'The Consiituiiofial powers already possessed by the Judiciary must indeed be mat ter of concern and alarm to all. Among others of great consideration, is that of sebing at nought any act of the Legis- I I 1 in a Legislature is easily and speedily checked by the constitutional mode ot electing a successor whose virtues will blot out of the sratu'e book any errors, which the crimes of his predecessor may have caused. Is this the case with a Judge ? It is true that he is in the first place dependent on the Legislature for his office, but when once appointed he holds it for life, let his conduct be what it may, provided there should be want" irtg in the Legislature, that firranes and disregard of censure, necessary to institute an enquiry, which at least may possibly happen. I am far from mak a y alln-ionj to the present Judiciary of North. Carolina, nor am I enqt.Hng how properly this power was origiually given or whether discreetly exercised. I am only concending, that to powers al ready scfformidable,it w mid be danger ous be unwise, to superadd others which can be elsewhere safely, conveniently Sc constitutionally exercised. The argu ments principally relied on by the advo cates of this Bill, aije, first that it will save much time to the Legislature and thereby much expence to the S'ate, and secondly that trials by Jury in Courts of I iw. where all the evidence touching the cases may be had, will better insure just and correct decisions, than by the Le- gislature where they are determined for the most part, x parte, and without much consideration. It is true that the legislature is occupied at every Session, a portion, but it is a very inconsiderable portion of its time, in attending to ap plications tor Divorces ; but I have ne. ver been of opinion that the time thus occupied, has in any degree. interfered with the important business of the Ses sion.. The usuaf practice is, I do not say it is a c'orrect one, to refer ihe peti tions to a Committee, the Chairman of which, towards the cloe of the Session makes a report on th? several cases, and they are generally acted on in the course of one hour. But sir, admit that ..the sessions of the Legislature-are lengthen ed by applications of this !;i mrand I am very far from believing it is a fact, it does not in any way prove the propriety of askmganother branch of government, already crowded with business and dai- ly becomingl more so, to take the trou- certain that gentlemen on rejection 7ill be induced to abandon it as being wholly untenable. It astonishes rae,"Mr. Speak er, that gentlenitn should contend, h& twelve men se'ecteH indiscriminately, and frequently possessing minds but moderately endowed, should be better ' able to settle correctly a question of ficujty and importance, than two hnn dred persons chosen for their wisdom and integrity. Is it possible that gen tlemen are serious, when they argue that a Jury of twelve men, who may be interested in the event, who by previ ously knowing the circumstances of the case, may' have in many instances pre judged it, can more correctly determine questions requiring all the powers of rhe mind, than the members ot Assem bly who are unknown to the parties, in. 1 utterly ignorant of the case, until by the evidence it is explained i Do ve need a Jury ? Ah impartial one is to be f ii' d in the Legislature. Do we want Council ? A number of gentle men learned in the law are to be found, here, who have never been backward, us r as my experience goes, in giving their aid in the elucidation of any sub" ject before the House. A Judge alone then is wanting to form a Court, and no one will pretend to say lhat we have not in the. Assembly professional genlje men, as well qualified as those already on the; Bench to fill the ofrice. A num her, perhaps an equal number of appli cants fr the L gislature for reiref, are Women and others in indigent situa tions. What relief does the bill novv" on your table, sir, promise to this class of sufferers. It informs them that the Courts of Lsw have cognizance of theif cases that if they have money they Will obtain a hearing at least, and psrhaps relief, but being poor, theya re told that their ca'Se, although deplorable, is un alterable. And sir, what will be the consequence ? These same people will continue to petition thev Legislature', mil the .Legislature must hear them. It 1 is true that the same persons who could erect a trihunal to wnich the prayers of he wealthy alone could ascend, could very consistently answer, that we have rovided ano her way by. which you nay obtain redress , but sir, you must hear th-m ; you must not, you cannot, vou dare not refuse lo hear them. M re, a great deal morei -might-be' said, Mr. Speaker, 'on' this-subject, but I feel unable to proceed. B .fore I take my seat however, 1 will make one o ther observation. The most -eminent writers, and common reason assert the principle, that all laws must yield io hose of divine origin That ihe laws of he land cease to bind he citizen, the nstaht they contradict those of his God A m m would in V;ih spend his lime in search of a passage in all that valua- . ble and voluminous code of divine Jaw, whi. h would tally wilh the features of ' this Bill. If, Mr. Speaker, we pass this Bill, we shall pass a law not only unautho rised by the Constitution, not merely dangerous and unnecessary ; but sir, we shall pass a law amendatory of the laws of-God we shall enact a statute supplementary to the statutes cf Hea ven. To this length I feel unprepared logo-, and I entertain a hope, sir, that it is a point which a majority of the Se nate will never reach. . Mr. Sla.de was ready to admit that ibis was a question of great importance, and that time ought '.o be t alien to de liberate well upon it befoie genii -men were called upon for their excision.- But, considering this question in every point of view, and having paid attention to the arguments of those gentlemen who had spoken upon k, he had "found nothing. which had altered his mind, so as to induce him to change the vote which be intended to give in favor of , he biil. The gentleman from AV'dke object ed to the passage of this 'bill, "because the crime of Adulteiy was one of the of fences for which a divorce might be oh- ' tained, stating' that if: this 1i.l shcul l pass, it would have the effect of aiding and assisting persons, lost to all stjn ,e of duty,- in obtaining divoices, andj iiy uvak-ng a speculation 'in the busine-s, oy being himself gull y of Aduhctv, and b lhat means ob'atn a divorce i'hi Mr. S. said, .was to him Strang doctrine. f The bill contemplates giving Jvj person aggrieved the right Of appli cation for a divorce, and not the pers n offending. Would it not be str n;gc. in leed, tor a man toxomf into court, call vittiesies V prove that he .had been . .uihy of Aduhery, and Hun prayiWa' i i MM1 if ;n , MM - , Hi i Mil n -3 mi wm i 'I .' ! i - -.t Ii , ma ii am t " . -ii " i m f i i r - V 7 '
The Weekly Raleigh Register (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Jan. 25, 1810, edition 1
1
Click "Submit" to request a review of this page. NCDHC staff will check .
0 / 75