Mississippi palladium. [volume] (Holly Springs, Miss.) 1851-1852, 1852-03-04

f tiullIo.
I We copy from the Jackson, "Flag
of the Union" the following report ot
the proceedings of the Senate, on 2Ist
of Feb. upon a bill for the relief OF
Samuel Foster against the consequen-
cies of an Illegal marriage. The case
presents some novel features, and we
think the Senate very properly refused
to pass the bill.
The Senate bill for the relief OF Sam
uei Foster and Mary his wife of Talia-
hatchie county, was read lst and 2nd
times. This bill is 10 declare the mar
raige legal and obsolye the parties from
all disabilities arising therefrom. The
circumstances of parties are of an I'M
pleasant and complicated nature, and
involve questions, parts of which dis
connected from their other parts are
considered within the province Of the
legislature while, as wholes, the ques-
tons are clearly not. It appears That
Foster, a respectable citizen of Talla-
hatchie county, was PIONEER of that
country, and, many wears ago, mar
ried quarteroon Indian lady with a
handsome fortune. She had had two
children of previous marriage, and
there were three children of the mar.
riage between her and Mr.. Foster
! Upwards Of six years ago, they par
/ ted, and since that time vexatious law.
suits have been pending between the
parties. They have been and still are
in Chancery, and Foster has had an
action against her for divorce. Ii
was confidently expected that Foster
would have got a Decree of Divorce
att term of Court, last year, and he
told his Counsel that he was desirous
TO be married again and wished imme-
diate information from him as soon as
Ia Decree was obtained, as on obtaining
such information he would immedi-
ately marry. His Counsel advised
him that if he did not hear from him
he might consider that the divorce had
been obtained. Foster did not hear
from his Counsel within the time de-
signated and, on the assurance pre-
viously received from that gentleman,
married Z lady of Tippah County
But, after marriage, he received intel
ligence from his Counsel that, from
some cause, the term of Court al which
he expected TO have got Divorce, had
failed. Here are the parties married,
with the former marriage undisSolved,
and it appeared by the testimony Civ
en-, by invitation from the House, to-
day, by Mr.. Watson of Holly Springs.
Counsel of Mrs. Foster by the first
marriage, that instead of permitting
decree Of Divorce, she, Mrs. Foster,
has filed an answer charging adultery
and other acts ofcriminality upon him,
and has made her answer a cross bill
claiming alimony and her rights Of
property. She there alleges, moreo-
yer, that Fosters conduct was such
that she could not stay under his roof,
and her Counsel, to-day, stated in the
Hall that those who knew all The cir
tIlifS SidtiCC5 "t.t tildf StiC
could proveher allegations. Her Coun-
sci said, however, that if this bill could
be SO amended as to secure TO her all
her rights of property, she would have
no objections TO its passage. as she de-
sired to have nothing 10 do with Fos-
ter beyound getting her property from
him. The bill now before the House,
which has passed the Senate, provides
for relief of Foster and bis new wife
from those disabilities which they in
Cured by an illegal marriage, but pro-
vides that no action on il shall interfere
with the rights of property between
the parties. The chief questions raised
SO far as legislative power could 90,
were first, whether this legislature
would not, in legalizing this marriage,
interfere with the rights of property
of children by the former marriage; and
second, whether in legalizing this mar
riage, the legislature would not be per-
forming an unconstitutional act by yir-
tually dissolving the former marriage
which it had no power to do; and
third, whether if the legislature legal
lied this marriage and the action for
Divorce of former marriage was still
pending before the Courts. this legis-
lature would not be knowingly inves-
ting Mr.. Foster with two wives.
The passage of this billwas advoca-
| ted with much wamth by Messrs. Keith,
TAYLOR of Marshall, Jones Of Pontcioc,