Southern shield., 1852-03-13
Singular Divorce Case.

J ez Courier, in his letter of the 2lst ult, gives inc following account of case before the Mississippi Legislature, which, it appears, has created quite sehsalon:
 "The Senate bi! for the relief of Samuel Foster, of Talahatchie, and Mary, his wife, created "quite sensation" in the House today. There are some features in this ease. which might almost be called pecuIi- aHties The bill has been before the Sen ate Committee since the Committees of this session were organized, and it passed that bodv this week. Mir. Foster has been rep resented in both branches of the LegisIa- lure, as a highly respectable citizen of Tala- hatchie, and many members of both Houses have previously been acquainted with the circumstances of his case, which are as fol- lows: Mr. Foster was pioneer in Talla- hatchie county, and many years ago, mar red a quarteroon Indian, of handsome for tune. There are three children of the mar rage Upward of six years ago they part ed, and vexatous law suits about property have been pending ever since, and Foster, sometime ago, sued for divorce. Last year he made arrangements to marry again, and applied to his counsel 10 learn when he would get a decree of divorce. His counsel assurefhim that he would get a decree at the term of last year, and that if he did not hear from him within certain time, he might proceed to marry. Foster did not hear from his counsel within the time des- jgnated, and Gas he alleges and is believed) in the full assurance that he had got judg- ment annuling his former marriage, led to the hymenia altar, Miss Mary M.. one of the most estimable young ladies in the coun. try of Tppah. Some time after their mar rage, however, it was ascertaned that, by some accident, toreseen or unforeseen, (but surel ly not anticipated by Foster,) the Court term tdilled, which was to have united the sken knot between Mr. Foster and Mrs. Foster No. l. This was 'an awkward state of aflairS," and hence the present bill before the Legislature for relief of the newly mar Ied parties from those civil disabilities, which they have incurred, and to legalize the marriage. It appeared in evidence, given in the House of Representatives, in person, this day, by Mr. Watson, a distn- guiShed lawyer of Holly Springs, counsel of Mrs. Foster, that instead of the Indian, or primitive Mrs. Foster, permitting decree of divorce so easily, she has filed an answer to the bill, and has made her bill a cross bill, in which she claims an alimonv cor responding with ;the circumstances of Mr. . F. She charges him, in that cross bill, with infideity and various other acts of criminal ty, which had so severely shocked her mora sense, that she could not stay with him; but will not consent to the divorce until he | shall have transferred 10 her all her pro- perty and the money he has made by specuIating on it. These recitals of Mr. < Fosters course were absolutely appalling. after so much had been said about his un- doubted responsibility high standing being beloved by all, etc. The House is brim full of gallantry, and besides, it is a "Union" House, and its common sense and knowledge of its own powers and duties, came very nearly being upset by the insd- ious and powerful appeals in behalf of her # the second and truly innocent Mrs. F., whose whole future happiness, or misery . the deepest, were to be determined by the vote of "You gentlemen, this day" But # some venomous old bachelor lawyers, mem bers of the House, began to "vew" the case and thereby "cut of" the influence of these appeals. They argued that it would be virtually dissoving the former marriage 10 legalize this marrige; that the Legisla- ture had no power 10 do so, tha. whilst the parties werein chancery, and the rights of Mrs. F. and children of the first marriage were undecided, the Legislature would be trying question of right of property in in- terfering; that this was the business of the courts; that if the Legislature were to le- galize this marriage, while the former one was still undissolved, the Legislature would be knowingly committing the act of giving Mr. Foster two wives. On this position ot affairs these gentlemen expaiated with such wickedness of eloquence that the amiable and moral majority in the House at once voted down the bill"