The Southern sentinel. (Columbus, Ga.) 1850-18??, April 25, 1850, Image 2

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he said to me “go through that hole before you ; sleep”—he gave me directions what to do in case I found anything there; he told me if I found anything there to go to Dr. Holmes in summer set, and then come and tell him; he told me to write my name on his slate, and he would un derstand it. In the afternoon about 2 o’clock; I went to Mr. Fuller in the foundry, and asked if he could loan me a crow bar, he asked me what I wanted of it, and I told him I wanted to make a hole through a brick wall to car r y a Cochituate pipe through, he replied “I guess you do.” I got the bar and went home: I locked every door in the housd so that Dr. W. nor any one else could get in; I told my wife not to let any one in; I also told her if Dr. W. came not to let him in until she gave four raps on the kitchen floor; I went down under the building and worked half an hour; I blistered my hands and went up and got a pair of thick gloves, which I put on and went down again; I worked some time longer and found I could’nt make much progress, so I went over to Mr. Fuller and got a cold chisel and hammer, I then went down again and got along pretty rapidly—l beared a rap of a ham mer four times on the floor and I went di rectly up stairs, my wife said “I made a fool of you this time,” she said two men passed here and she thought one of them was Dr. W. but they proved to be Mr. Kingsley and officer Starkweather, I went out and talked with them: Mr. Kingsley asked me what place there was in the College which had not been searched; I told him where this place was and Kinsley said lot us go in, I told them it was all locked up; I saw Mr. Trenholm, police offi cer, and being well acquainted with him told him what I was doing and if he would come back in about 30 minutes I would let him know the result; while I was talking with Mr. Trenholm Dr. W. came to where we- were standing and said an Irishman had offered a S2O bill to pay one cent toll at the house on Cam bridge, that the Marshal had taken the matter in hand, that it was thought very singular for i an Irishman to have S2O; he then w ent away and- I went down cellar again and went to j work on the wall; there were five courses of i brick in the wall; I had’nt been there five min- j utes before I succeeded in getting through. The drafi of wind came near blowing my light out, after I got the light through the hole the wind did not blow it; the first thing which I saw was the pelvis of a man; I also saw the two parts of a leg; the water was running down on them from the side; I went up and told my wife that 1 would go down to Dr. Bigelow's, and told her what I had discovered; I locked the cellar door, put the key in my pocket and told my wife not to allow any one to go down there; my wife spoke to me first when I came up, she asked what the matter was; I went to Dr. J. B.’s as quick as I could go; his servant girl came to the door; f told her that I wanted to see Dr. if. very much ; Mrs. 13. came to the door and asked me what the matter was; I went right down to Dr. Henry Bigelow’s in Chauncy Place; saw him and told him what I had discovered : he told me to go with him to R. G. Shaw, jr.’s, in Summer street; we found Mr. S. in his study ; after 1 left Mr. S.’s I went to Dr. Jackson’s; while at Mr. S.’s the City Marshal came in; the marshal told me to go right back to the College and he would j soon be there; I went to Dr. B.’s and wrote my name on his slate, and then returned to the Col lege ; I found officer Trenore there; he told me he had been down and seen the remains; the. Marshal, Mr. Clapp, and Dr. B. came shortly af ter; the hole w hich I made was near the north corner of the wall; the height of the hole above the ground was about three feet; I could stand up straight while drilling the hole; the vacant j space where the remains were, appeared to be j lower by about one foot than the cellar where I stood; the remoins were not immediately under J the privy hole, but a little on one side;,the | ground was shelving or slanting, so that any- j thing dropped through the hole would naturally ; slide off some way alter striking; the slant is to- | wards the wall; there was no apperture in the wall by w hich anything could float in or out; the tide floats in ; the outside of the building is pro tected by a sea-wall; I was under the building with the City Marshal w hen the noise was made above; it was occasioned by my wife and chil dren running above stairs; I was there when the officers went into the laboratory ancWiiscov ered the bones in the small furnace; I don’t re- ! collect whether I went up into the private apart- j merit of Dr. Webster, then or not; when Dr. ! Webster come to the College on Friday nignt, j with the officers; I went up to the front door and j lot them in; Officer Spurr spoke to me and said, ‘•We have got Dr. W. and he is very faint—we I want to get him into the College as soon as pos- 1 sible”; Dr. Webster said. “Mr. Littlefield, they have taken me away I from my family—they have arrested me with out giving me a chance to say good night to them, he was very faint; perspired badly; he was supported wholly by the officers; I let them all into the lecture room; they then w anted to go into the back private room where the Doc tor’s chemicals were; 1 told them I knew noth ing about the key or the room, that I never had anything to do with that ’room; Mr. Tin-key and myself got into the Laboratory through the cellar door, by the laboratory stairs, the Doctor left that door open himself; the officers w anted I to get into Dr. Webster’s room; while in the j back private room enquiry was made for the | privy key; I told them that I never saw the in- i side of it in my life—that they must ask Dr. W. j for it; the Doctor said it hung on a nail, down in the Laboratory; Starkweather took it down, and tried it—found it did not fit the door; an other key was got by direction of the Dr. which did not prove to be the right key; finally he said ‘ he did’nt know where the key was; they broke ! open the door leading from his back private I room to the side room; I looked around for a ‘ hatchet which usually hung up by a ring hy*the | stove; I could not find it; 1 went down into the Laboratorv, and found it in the sink: it was a j carpente.L shingling hatchet; another hatchet ; was found, done up in a paper, in a drawer in | one of his rooms; when the officers were taking ! the paper otl’ Dr. W. remarked that the hatchet ; had never been used; we then went up and broke open the privy; 1 dont recollect whether j the Doctor was there or not; w hile In the Lab- I oratory the Doctor said he wanted water—l got j him some; he took the turflbler in his hand, and ! every time he attempted to put it to his mouth he started back and acted exactly like a mad ! dog; an officer took the tumbler “and put it to ! his mouth, but he could’nt drink; someone j asked where the furnace was; I went to the fur- i rtace and commenced taking the minerals off; Mr. Pratt was there, 1 believe; someone spoke and said ‘‘dont disturb it”; Mr. S. D. Farkcr and G. Andrewss were there; the remains were brought up through the hole or trap door and placed in the front cellar on a board; Dr. W. was led in from the laborators; while they were nil in the presence of the remains, S. D. P., the Commonwealth’s attorney for the county of Suffolk, asked Dr. Gay if those were the remains of a human body; Dr. G. said they were ; I ob served Dr. W. sweat very badly ; tear ran down his cheeks; the party then left; the remains were taken in charge of by officers Adams, Rice, Trenholm and Fuller. That season I had received six tickets from Dr. Webster, and sold three of them for sls each: [The slippers found in Dr: W’s room, was here shown witness.] I have seen them before; — they belong to dh webster [The saw found in the doctors room was also shown witness;] I never observed but once before, and that was on Saturday after the remains were found: The knife found in the tea chest was next exhibited to witness ;j nr: vv: showed me this nife the monday before the disappearance of Dr Park man ; he said to me see what a fine knife I have got to cut corks with; I replied I should think it was just w hat you wanted doctor I observed the peculiar figure on tire blade at the time he showed it to me; the Doctor’s usual working dress was a pair of nankeen overalls and an old coat; he wore the overalls the first dav the offi cers came there; 1 think it was Monday or Tues day ; can’t say how old they were; the doctor always used to keep a key to the dissecting room, also those of his own aparUnent; I saw a bunch of skeleton keys found in a drawer in the doctor’s back private room; I recollect seeing two crash towels which were found in the privy vault and a diapper roller; the diapper roller I recognized.; the towels are marked “W:,’ The Friday that Dr: P; disappeared I wiped my hands on the roller; the roller was not marked to my knowledge; I never saw but one roller in the doctor’s room in my life. [Here an attempt was made by the govern ment to put in evidence the bunch of skeleton keys, by exhibiting them to witness, for recogni tion, but objection being made on the other side, upon the ground that the government could hot show that they had any material bearing in the case, the court ruled them out:] I was present when the towels were found; can’t say whether it was Saturday or Sunday w hen they were found ; never knew any part of a human subject being used in Dr W’s depart ment ; I once got the doctor a piece of muscle for an experiment: [The roller was shown wit- : nes:] It looks like the roller which I have used ‘ in the doctor’s room, with the exception of the j holes and rags: It was whole the last time I saw j it, before it was taken from the vault: Joseph Sanderson, watchman. Saw Dr. Web ster between Sunday and Thanksgiving day, j after the disappearance of Dr. P. Saw him get j out of the coach in Harvard square, between 11 j and 12 o’clock at night. None of his family was j with him. Several other persons got out ol the coach. It was Monday, Tuesday, or Wednes day night Dr. W. Coeman. dentist. Thought the mo del and teeth furnished sufficient means ot idea- : tification. ; Benj. T. Todd. I remember the Sunday at- i ter Dr. P’s disappearance, being present and ov- i erhearing a conversation at Craig’.; brt.lg'jii was about dark; I was in company with Littlefield. The tollman stood at the door, and there was an old gentleman sitting in the back part of the toll house. Mr. I* asked the tollman if any po- j lice man had gone over, and he said they had. but had gone back. Mr. Littlefield spoke of nr. | webster having paid nr. P. some money, and ! said he also was concerned in the college, and | said that he had seen nr. 1\ going towards the college on Friday afternoon, uid not hear Mr. Littlefield say he saw nr. Parkman going away from the college. Recollect every word he said. Isaac A. Russel. Know Mr. Wentworth, pro vision dealer: think I have been in his company l when he made a remark about seeing Dr. P. It i was before his disappearance. It might have been one day, and it might have been three months. Have no recollection of seeing Dr. P. near the time of his disappearance. [Mr. Clifford said they proposed to show the existence of a person resembling Dr. Parkman, and that about the time of his disappearaneE, he w as about the city, and the witness mistook him for nr. P. Mr. C. said that this was a case where the person in view had a very great pe culiarity; and what they proposed to show was. that there was another person who possess ed the same peculiarities. The Court ruled that ! such testimony was too uncertain to be admis- j sible.] j George Fifield and Sam. Fuller, toll gather-; ers on Craig's bridge, testified that the clock at ; East Cambridge was a very inaccurate time- j piece. Boston, Nov. 31, ’l9. Mr. Tvkey, Dear Sir—l have been considerably interested | in the recent affair of Dr. Parkman, and T think ! I can recommend means, the adoption of which j might result in bringing to light some, of the mysteries connected twith the disappearance of the aforementioned gentleman. In the first place, in regard to the searching of houses, &c., I would recommend that particu lar attention be paid to the appearance of cellar floors; do they present the appearance of hav ing been recently dug into, and covered up again? or might not the part of the cellar where he was buried have been covered by the piling of wood.’ Secondly, have the out houses and necessaries been carefully examined? Have they been ran sacked sufficiently? Probably his body was cut up and placed in a stout bag, containing heavy weights, and. thrown oil'one of the bridges—perhaps Craige’s. And I would recommend the firing of cannon from sonic of these bridges, and from various parts of the harbor and river, in order to cause the parts of the body to rise to the surface of the water. This, 1 think, will be the last resort, and it should be done effectually. And I recommend that the cellars of the hou ses in East Cambridge be examined. Yours &c. GIVIS. Fisher A. Boswell, physician of Grafton had occasion to go to the Medical College. Nov. 23. a little before 2 f. m., and met Dr. Parkman nearly at the top of the stairs., walking very fast: called at the college again at 3 o’clock, and saw 31r. Littlefield. [The Attorney General here rose and stated that the defence for the government was all in, when the Qourt at quarter past 2, adjourned to half past 3. The whole number of witnesses for the prosecution was 03, and about the same number was expected to appear for the defence. Sixth Day.— Sarah Buzzcll, who was visiting at Mr. Littlefield’s in November, was next called, and said she admitted a stranger who rang the door-bell, the day of the disap pearance, while Mr. L. was lying down. .Tax. TV. Preston, medical student, saw Dr. Webster Nov. 23, about 6 o’clock, entering the carrigc-shed. Could not say whether he entered the College. Thought it remerkable to see him there at that time. Wm. Calhoun, who is employed in the iron foundry, was with Littlefield on Sunday du ring the street interview with Dr. Webster, and corroborated Mr. L.’s account of what passed between them. Could not say how Dr. W. looked—is not acquainted with his manners. Dr. J. B. S. Jackson, professor of Patho logical Anatomy in the Medical College, was apprised by Mr. Littlefield of his intention of digging into Dr. Webster’s vault, and advised him to do it. Geo. W. Trenholm, police officer, knows Prof. Webster. Saw him near the Medical College, the Sunday after Dr. Park man’s dis appearance. Heard him tell James H. Blake that the first he heard of the disappearance of Dr. Parkman, he read in the papers the night before. He said he thought he would come in and let his friends know that he had paid him S IS3. Said he took the money up and started —did not stay to count it; and that Dr. Farkman told Dr. Webster that he would go over to Cambridge and let the mortgage bo discharged. On Friday, the day of Dr. W.’s arrest, witness met Mr. Littlefield, who told him he had commenced digging through the wall, and that he had suspicions on Dr. Webster. When going down the steps of the college, saw Dr. W. who told him that an Irishman came to Cambridge Bridge, and of | sered a 820 bill to pay one cent toll—and said ! the toll-keeper thought it rather strange for an Irishman to have a 820 bill. Said the toll keeper asked him where he got it, and he said jhe got it of Dr. Webster. He said the city ! marshal had the bill, and had sent for him to see if he could identify it Said ho told him ; that he could not swear to the bill. He then went off. Mr. Littlefield told w itness to come back in about half an hour or twenty minutes; he thought he should get through the wall by that time. Did return, and assisted in taking out the parts. Witness described the pro- I ccedings, Prof. Webster’s appearance, &c. in accordance with the preeeeding testimony. Nath. D. Sawin, express man, has been in the habit of carrying articles for D YV ebster. Remembers bringing in to Boston the next week after Dr. Parkman’s disappearance two bundles of faggots, made from the cuttings of grape vines, for Prof. Webster, an empty box, about the shape of a soap Box, a foot and a half square, and a bag of tan; took them from Dr. Webster’s house in Cambridge, and left them in Mr. Littlefield’s cellar. Was told to leave them there by Dr. Webster.— Had never recived any similar instructions be fore. Had done these jobs for Professor Webater f or three years; supposed he had been to the College two hundred times. It had been his practice to leave them some times in the lower laboratory and sometimes in the upper. Monday, when he left these bundles, and tried the door, found it fast. W ent there again on the 28th of November, on Wednesday. Carried two boxes, one about 2 1-2 feet long, 10 or 12 inches wide, and a foot deep. The other box was about a foot and half square. The large one was empty, the other was not. Left these where he left the others in Mr. L.’s cellar. The grape-vines and box left on Monday were there on Wednesday, but the tan he did not see. Went to the college to see if he could find the boxes, and he could find only the small one. That was on Monday after the arrest The jack-knife being shown to the witness, he recognized it as one he saw in Dr. W.’s hand Now 17th. He was trimming the grape-vines, and had cut his hand. Derastus Clapp, police officer, was sworn. Dec. f>th searched the house of Dr. W., at Cambridge, in pursuit of a package of papers which Mrs. W. delivered to him. The pa pers were produced, and identified by the witness. There were two notes, one for 8100, dated June 22. 1812. and the other for $2,432, da ted Jan. 22, In 17, given to the order of Geo. I\, signed J. W. Webster. There was also an account or memorandum in Prof, W.’s writing. The signatures of the notes were erased, and also the face of the notes was crossed. A memorandum on the first note stated that this was to be given up oil the payment of Webster’s mortgage of Jan. 1847. On the back, 1845, July 10, was the memo randum—“interest is accounted by receipt, and seven dollars principal, leaving due $303. October 10, 875.” On the top of the note there was a memorandum—“s4B3,s4 paid Nov. 23.” The large note was payable in four years, with interest and one quarter to be paid year ly. This note was witnessed by Chas. Cun ningham. Below, in pencil mark, was a memorandum—“ssoo of the above is G. P.’s plus 332—832; for bal. see Mr. Charles C.” —and on the top of it, a payment to G. P. of $832. Dr. W.’s other mortgage and other note to George Parkman of June 22, 1842, to he cancelled. Then six words in pencil, $832, 83 1-2 On the hack, Nov. 3, character for 7, $17,- 56 as per receipt. Then, in writing, 1848, April 18, received one hundred and eighty seven dollars 50-100, signed “G. I’.” Nov. 11 , one hundred and eighty-seven dollars, by G. P. and receipt; and written across in what would be shown to be the prisoner’s handwrit ing, “paid” . ’J'he memorandum is in the form of a let ter signed “C. C.” and addressed to Dr. W., showing the amount of his indebtedness to Dr. P., dated in 1840. In pencil mark at the bottom is a memorandum, in the hand writing of Dr. Webster, stating that the bal ance due Mr. Parkman, including interest, was $ 483,64. The paper was done up in the form of a letter and addressed to Prof. W. ’lnhere was a memorandum on the back of it in Dr W.’s handwriting; “C. Cunningham, on debt due Dr. P.” (Mr. Clapp now produced a memorandum, which he said he took from Prof. Webster’s wallet on the night of his arrest, and put his marks upon them to identify them.) Mr. Bo nus read : “Nov. 0, Friday, rec’d 8510,00 2141 10 out for Dr. Bigelow. Cash from Dr. Pettee, $275 00 Dr. Parkman came into the lecture room, and staid till students went out. He came to me and asked for money. I told him to call Friday, Nov. 23. He was a good deal excit ed. Friday, Nov. 23, went to his house and told him to call at half past one, and I would pay him. He called, and I paid him $483,- 64, and he gave up two notes, and said he would go and get the mortgage cancelled. (The $234,10 out for Dr. Bigelow was a note of Prof. W.’s for that amount held by Dr. Bigelow, which was placed in Mr. Pettoe’s hands and deducted by him from the amount $5lO, which he was to pay Prof. Webster. This left the amount which Mr P. paid Prof. W. in cash, 8275,10.) (Mr. Bemis said they also proposed to put into the hands of the jury two memorandums in pencil mark, that were taken from Prof. W.’s pocket, one of which was $ 483,64.” — On the other was “A jug of molasses: keys; tin box; paint; solder.”) The witness then described the search at the Medical College, the arrest of Dr. Web ster, &c., as already narrated by other wit nesses. Charles W. Little, stndend in Harvard University, saw Dr. P. in Cambridge, Nov. 22, riding in a chaise.. He inquired for Dr. Webster’s house, and witness directed him to it. Seth Petee, who collected the funds of the medical college, and disposed of the tickets, testified as to the payments made Dr. Web ster for the tickets to his lectures. Nov. 29th w itness took up Dr. W.’s note to Dr. Bigelow for $234,10, and paid him $285,90 cash, making $5lO. About the 14th made a se cond payment of $lO5. On the 15th, gave Littlefield, on an order from Dr. W., a check for S3O; and Nov. 23d gave Dr. W. a check for S9O. The first time witness saw Dr. P. to know him was Nov. 12th. He asked if he had any of Dr. w.’s funds in his hand. A few days after he called again with the same in quiry. witness told him he had just paid over all he had. Dr. P. said witness would have been doing justice to Dr. w., to himself, and to all concerned, if he had retained the funds for him; for now he should he obliged to distress Dr. w. and his fsmily. He seem ed to blame witness for not retaining the funds. Cannot state his precise language. The pur port of it was that Dr. webster was a dishon est man; that he was not an honrable man; not an honest man. And he said, you tell Dr. w. so from me. On the morning of the 23 of Nov. went to the college to see Dr. w., to pay him over the S9O. Couldn’t get into Dr. w.’s lecture room, and went down by the stairs, and got into i Dr. w.’s laboratory by Mr. Littlefield’s cellar, went up the laboratory stairs, and found him in his upper room. Excused himself for coming so early in the morning, by some re marks of apology. Told him Dr. P. had call ed several times to know if he had any funds of Dr. w.’s in his hands, and as he did not w ish to have any trouble with Dr. P., had come to pay him what he had then on hand. Dr. w. and Dr. P. is a peculiar sort of man— nervous; and he has at times been subject to tits of aberration of mind : so much so that, he believed, he did put his business out of his hands, and that a Mr. Blake, a relative of his, attended to it. After making these remarks he said—“ You will have no further trouble with Dr. Parkman, for I have settled with him.” Between 4 and 5 o’clock that afternoon went there again, having been sent for by Mr. Littlefield to fill out a set of tickets for P. R. Ridgeway, who w-as to leave the city the next morning. Dr. Parkman’s lan- guage about Dr. W. was harsh, but I do not recollect that it was profane. John B. Dana, cashier of the Cambridge Bank, has known Dr. W. about 20 years.— On the 10th of Nov. he deposited $275,90; being a check on the Freeman’s Bank; Nov. 15th, 8150 in bills; Nov. 24th, S9O, being a check on the Freeman’s Bank. On the 23d of Nov., the balance due Prof. W. was $139,- 16 cents. Received the S9O on the 24th, and the checking produced till the Saturday following the arrest. On Saturday, a trustee process was served for the balance of $68,78 cents then remaining to his credit. Daniel Henchman, druggist, let Dr. Web ster have $lO on a check about 10 o’clock A. M. Nov. 23d. The check was on the Charles River Bank, Cambridge. It is dated the 22d. Sent the check over on Friday, by Mr. Holden, who reported on Monday, that he sent it to the band on Saturday, and that it was refused for want of funds. James 11. Blake, Esq., a nephew of the late Dr. P., corroborated the testimony of Littlefield in respect to meeting Dr. webster in Grove Street the Sunday after the disap pearance. when w itness saw him he appear ed to come from the steps of the college. He took him by the hand very suddenly; but did not notice anything very peculiar about his appearance. He held him by the hand during the whole time he was talking. He appeared to be very earnest on account of the family. Rev. Dr. Francis Parkman, was brother to Dr. George Parkman. Has known Dr w. a great many years, while he lived in his fa ther’s house at the North End, was his pastor. After he removed to Cambridge visited his family in the performance of pastoral offices. This relation continued up to within two months of the disappearance of his brother. On the Sunday after the disappearance of Dr. w., about 4 o’clock called at his house.— Almost w ithout the customary salutation, he at once spoke and said he saw Dr. P. on Fri day, and paid him some money. He said he saw the notice in the paper on Sunday eve ning, but concluded that he would not come over to see about it until after meeting. Dr. w. described the appearacee of Dr. Parkman, when he paid the money. His manner was earnest. But witness could not help remark ing that he manifested no surprise nor sym pathy for their grief. He should sav Dr. w’s sudden and quick manner, at the time, was characteristic of his usual manner. But there was a certain flurry of manner that-struck him somewhat, but not deeply at the time. There was an absence of tenderness for their situa tion, considering the pleasant relations which had existed between them, witness’ brother was one of the most remarkable of men in his punctuality in his family. Rarely ever absent at meals. He has left a wife, a son and a daughter. His daughter has been a great invalid; of a very delicate frame; and she was one for whom he w'as perpetually anxious, and he was much with her. His son was in Europe at the time, but has lately re turned. Though he did not often lose his temper, he was able to express himself in strong language, but witness never heard him use a profane word. Seventh Day. —Ralph Smith, liquor deal er, wrote to Dr. w. last fall, asking for the set tlement of a small aeo ount, and received a note in reply that the would pay lhe amount when he had collected the fees from the med ical students. Samuel B. Fuller, polieceman, saw Prof. w. the Sunday after the disappearance, went to his house with Mr. Thompson to ascertain if the mortgage had been cancelled. Dr. w. went to an account book and turned over the leaves two or three times, and appeared to tremble badly. He then left the room. He was gone some two or three minutes and then returned, sat down in a chair, and said, [ Concluded on fourth page ] SOUTHERN SENTINEL COLUMBUS, GEORGIA: THURSDAY MORNING, APRIL 25,1850. Pub. Doc.— Judge Wellborn ha* our thanks for interesting speeches received during the past week. Our Outside.— We presume none of our readers will object to the monopoly which wc have this week allowed to the evidence in the case of Professor Web ster. No fictitious narrative of events which have transpired alone in the mind of the novelist, can equal in interest the thrilling incidents of this most won derful case. The South in Council. The idea of the. South meeting in council is one which carries with it so much weight., that few of those who claim to be her friends, have positively op posed the abstract proposition. The objections to it, ostensibly, have been, that the time for action has not yet arrived ; that the true policy for the South is to wait until her undisputed rights are practically inva ded, or until we can point to some overt act of hostil ity on the part of the North, as a sufficient vindica tion of our resort to extreme measures. As applied to our intercourse with foreign nations, the policy might perhaps be defended, but in our domestic rela tions, it certainly will result in evil to both sections. The homely adage, “an ounce of prevention is worth a pound of remedy,” is as true in national as in indi vidual disorders. Suppose the friends of the proposed Southern Con vention have been honest in the declaration of the motives which have prompted them to its advocacy ; suppose their design has been really to devise some mode of amicably and honorably adjusting the differ ences between the North and the South, and that the charge of hostility to the Union, has been a false as sumption of its enemies, is there a Southern man who has yet or will venture to oppose that convention on any other ground than that the time has not yet ar rived for it ? The argument pre-supposes the wisdom of such a convention when the time shall arrive, and wc propose to offer a few reasons in support of the position which we have all along held on this ques tion, that now above all others is the tune for that convention. M e ask the impartial reader to er/iew the history of this government for the last thirty years, and an swer whether it discloses any thing worthy of the re monstrance of the South ? But we would not confine the retrospect to the history of the general govern ment. Look at the indications of Northern senti ment, as disclosed in their popular assemblies, their newspapers, their pulpits, and their State Legisla tures. The almost unanimous popular mind of the North is opposed to the institutions of the South, and nothing but the restraints of law have confined their demonstrations to words. The Eastern, the Middle, and the North-western States have all. so far as they were able, doomed slavery to extinction. Gradually, this sentiment is impressing itself upon the legisla tion of the country, and it is because the progress has been gradual, that the South has not long since arisen to repel these inroads upon her institutions. It is folly for the North to ask us to point to those particular measures of the General Government which would warrant the popular excitement at the South. We might close our eyes to all else than our staiute books, and there find sufficient grounds for complaint., but these measures are but the expo nents of a deep seated hostility among the people, and bear just the same relation to this question, that the throbbing pulse of the patient does to the raging fe ver which is consuming him. We arc not groaning under their infliction, but they indicate the presence of a disease which, if not speedily arrested, must in evitally destroy the body politic itself. This is the disease, and what is the remedy ? The physicians who would wait until disease had alarmingly attack ed the vprv citadel of life ere he commenced to apply his remedies, would deserve and receive the contempt of all men of sense, and so we think the eases are parallel. Suppose we defer all action until Con gress has passed the Wilmot Proviso ? Our whig friends say they would then meet with us in coun cil ; they would then in good earnest enter upon the work of redress. What sort of a convention should we then have? Men goaded to desperation, maddened by intolerable wrong, fired with a sense of insulted honor and outraged rights, such men would assem ble to vie with each other in fierce denunciation and extravagant demands. Then indeed the Union would be dissolved. The General Government will have solemnly committed itself to a policy, and the alternative would be, either dissolution or a clear hack out by the government. We do not desire ei ther. JVe do not wish to see this Union dissevered, nor do we wish to see our national Legislature driven to the disgraceful necessity of retracing its deliberate ly taken steps. Let the South meet in convention now, declare its rights and a determination to main tain them, and the Union may be preserved, and the South secured. The Columbus Enquirer. We announced last week our indisposition to quar rel with our neighbors, forgetting at the time, that in doing so, we wore but inviting attacks from those re doubtable knights of the quill, whose valor is always proportionate to the degree of impunity with which it may be displayed. We entered the ring, a young and inexperienced 1,1 colt,'’ and because we did not breathe fire and fury all around us, every long-eared, weather-beaten donkey suddenly imagines himself a very war horse, and turns his heels lustily against us. We still, however, declare our disposition to be at peace with our neighbors, but if they persevere in their demand for war, they shall be gratified. We had been puzzled to ascertain in what wc had so grievously incurred the Enquirer's ill will. We know that the ostensible ground was, that we had, in the estimation of our neighbor, slandered, the good people of the South, but that we were well aware, constituted no real oft'once with the Enquirer , for the South and her wrongs had never seemed to disturb its equinimity. Its bugle blast of Tuesday has reliev ed us of the difficulty, and it is now very evident where the shoe pinches. We had not bowed with sufficient deference to the superior wisdom and ex perience of our seniors. A “colt” had ventured to “600” in the august presence of his antiquated majes ty. Really we feel so much abashed at our irrever ence that we do not now think we will ever “boo” in that quarter again. But our neighbor has sudden ly grown very deferential to public opinion. He saw himself not long since, in his own very eloquent lan guage, “ trotting along before ■public opinion” and it turns out that he spoke with the “gifts of proph esy,” for the public now sees him going through the same motions , which he then foresaw he should. He now congratulates himself that, it has been his “fortune in the small affair of the Nashville Conven tion, to be with that great mass whose opinions are obliged to be respected.” So it might have been ours, if, instead of consulting alone what we believed to be the public good, wc had “laid low and kept dark,” until we found which way the crowd was going, and then have jumped from our hiding place and rushed into the van, vociferously denouncing what We had very sagaciously discovered, was un popular. YA e really do not know whether to appropriate the j “silver spoon” Whether it was intended for us or • not, however, it is an appeal utterly unworthy a pub ! lie Journal which makes any claims to respectability. \Ye have seen the pettifoger in the desperation of his cause make similar appeals to the passions of the jury, and the Enquirer may have known of instances in which it has been successfully practiced, and now seeks to avail himself of its advantages. The editor of that paper probably Was not “born with a silver spoon in his mouth,” and we do not say he needs to be pitied for it,; certainly We do not ask him or his readers to think the more of us because we happened to such a “misfortune ,” and we scorn the spirit which offrets to think less of us on that account. Our neighbor might with equal justice claim the ad miration of his readers on another score. He was not born “with a jewel in his head.” Compromise vs. Settlement. The Enquirer asks, “are there men base enough to hope that there will be no compromise, no settle ment of our troubles by the regular agents of the government?” If the words which we have itali cized, “no settlement,” are removed, we place our selves exactly in that category, whether it be de nounced as “base” or commended ;ts noble. AA'e are opposed to any and every compromise, properly so called. YY’c do “hope there will he no settlement of our troubles,” in which the South will be called on to make any further surrender of her rights. If we conceded enough in the formation of the constitution, then it is an insult to ask us to make larger conces sions now ; if we have not conceded enough to satis fy the North, then our answer is, we will do no more to preserve an alliance with men whose good will has to be purchased with submission. Can any one inform us where is the necessity for compro- I mise ? AA T e never yet have seen it. It may be ne cessary to preserve the Union, but would it not be well for us to consider whether the Union will be worth any thing to the South after she has surren dered all her rights to preserve it ? AVc take higher ground ; Congress has no authority to compromise the rights of the South. Whatever that body may constitutionally do, can in no sense be called a com promise whatever is unconstitutional, it may not do, even for the exalted end of preserving the Union. Does the Enquirer think that Congress car) constitu tionally pass the “Wilmot Proviso?” If it cannot, can it apply its provisions to territory lying north of 36 deg. 30 min. north latitude ? Away with your smuggled provisos. AVe have carefully read every proposition which has been made in Congress for the settlement of our troubles, and there has not been one which des> r /ed the name of compromise which has not involved the AYilmot Proviso. Against all such compromises we unhesitatingly declare ourselves. For a settlement of our troubles, an honorable and a sufficient settlement, we do hope, and when such an one is offered, we stand prepared to advocate it, whether it oomes from the North or from the South, from AVhigs or Democrats. Professor Webster. At the earnest request of several of our readers, ! and prompted by a desire to gratify what we know to j bc 8 ™ry general curiosity, we publish this week all the testimony elicited during the celebrated trial at Boston, which has just resulted in the conviction and ; death sentence of Professor AVebstcr. Our readers ; can, from a careful sifting of the testimony; form a verdict upon the facts ; we have done so, and despite the sympathies of our nature, and the general ex pßessions of our cotemporaries to the contrary, we i must endorse the verdict of the jury which sat upon the case. AA e can not have such a doubt of the pris oner’s guilt as would have justified us in voting for his acquittal. AV e can not doubt that the remains found in the vault, were those of Dr. Parkman ; we can not doubt, (that fact being true,) that Dr. Park man came to Lis death by violence. AVe can not doubt that Professor AVebstcr was the author of that violence, and finally we can not doubt that the cir cumstances of the killing constitute murder. But it is needless to comment upon the evidence—our read ers may read and determine for themselves. Peti tions for the pardon of the unfortunate convict, are being circulated in various parts of the country. AVe might consent to assist in this appeal to the mercy of Gov. Briggs, but we should do so, fully impressed with the propriety of the verdict of his jury. “Spirit of the Democratic Press.” The Macon Messenger and Journal is evidently delighted at the indications of a want of harmony among the Democratic presses in this State, on the southern question. In this delight, the Messenger doubtless has the cordial symvpthy of all the other organs of northern sentiment, here and at the North. Ihe Democrats are divided ; we confess it with sor row, but our regrets at this dissension do not exceed our mortification at the unanimity with which the AVhig presses are united in an abandonment of the cause of the South. If it is any gratification to our AA'liig contemporaries to know that Democracy itself has not been proof against the poisonous infection which AVhiggery has breathed over the South, they may strike their cymbals. We may go still farther in our congratulations. The AA hig presses, not onr ly of Georgia, but of the Union, are harmonious. Scarcely a discordant note has interrupted their songs of treason. The National Intelligencer is the leader of the baud, and the Messenger, et id omne gmus, incline their ears occasionally to catch the key note, but it matters very little about the character or the sentiment of the chorus ; it is alike a matter of indifference whether it is in laudation of the Presi dent, a pecan to the Union, or a sneer at the South. The Agricultural Society. We would remind our agricultural readers that the 2d Monday in May next is the day on which you are invited to assemble in this place for the formation of an Agricultural Society. AA'e know there is a prejudice existing in the minds of many men against these associations, and we are aware that this preju dice is not without seeming foundation. AA’e have heard of a president of an Agricultural Society, buy ing corn in March, and we confess that, it looks rath er unfavorably for the advantages to be derived from these sources, but such an instance is one against a thousand, and argues, not a defect in the system, but in the man. AA e have heard too of members of such associations making as much cotton and corn on one acre as their neighbors make on three, and of rich harvests being reaped from fields which had for years been abandoned to pine thickets, broomsedge and red gullies, and we have heard of these things much more frequently than we have of the corn buy ing. If the proposition can be demonstrated that the planter with ten hands can as easily make fifty bales of cotton on seventy-five acres as he does on one hun dred and titty, we presume that nobody will have any very strenuous objections, at least, to making the experiment. AA ell, come up and join this socie ty, and if we are not mistaken, you will ere long be prepared to demonstrate its truth on your own prem ises. The Mails. AVe were so completely disgusted with the cease less abuse, heaped upon Cave Johnson by the whig press generally, for the “failures of the mails,” that we had determined never to echo the cry. Long since, however, the “failures” have become intolera ble, and we have desisted from noticing them, hop ing that our whig friends had not distributed their standing head “no mail again” and would save us the trouble of setting up a complaint. Stangc to say however, they became so accustomed (we sup pose) to the failures under Mr. Johnson’s adminis tration, that they do not even notice Mr. Collamer’s delinquencies. But we can’t stand it any longer. A\ e are within the bounds of truth when we say that since the first of January, we have more fre quently had either total or partial failures, than we have had lull mails. We do not know whether the fault is in Mr. Collamer’s department, but we do know that the mails are dreadfully out of joint, arid that it is Mr. Collamcr’s business to see that they are regulated. I lie following is the vote by which Gne. Foo'e's proposition was adopted, YEAS.—Messrs. Atchison. Badger, Bell, Bor land, Bright, Butler, Cass, Clay, Clemens, Davis, of Mississippi, Dickisoii, Dodge of lowa, Downs, Foote, Hunter, Jones, King, Mangum, Mason, Morton, Pearce, Rusk, Sebastian, Soule, Spru ance, Sturgeon, Murney, Underwood, Whitcomb, and Yulee—3o NAYS—Messrs. Baldwin, Benton, Bradbury, Chase, Clarke, Corwin. Davis of Massachusetts, Dayton, Dodge ot Wisconsin. Douglas, Felcli, Greene, Hale, Hamlin, .Miller, Norris, Phelps, Se ward, Shields, Smith, Walker.and Webster—22. Absent —Messrs. Barrien, Cooper Dawson, El more. Houston, Pratt, Uphum. and Wales—B. The Senate proceeded to ballot for the Com mittee, and the following Senators were chosen. Mr. Clay. .Chairman Cass Mr - King Dickison “ Mason Bright “ Downs Webster “ Mangham Phelos “ Bell Cooper “ Berrien. The Committee of Thirteen. Senator Foote’s proposition to elect a committee of thirteen Senators, to which should be referred all the matters connected with the slavery question, has j at length passed the Senate, by a vote of 30 in its j favor and 22 against it. AA’e are glad of it. The bone of contention will now be fought over in the committee room instead of the Senate Chamber, and there is some hope that other subjects of legislation may now receive the attention of our law-makers. But we are specially rejoiced at the prospect now afforded of a settlement of the question, one way or the other. The Senate u ill doubtless place its lead ing spirits on that committee, and there is some hope that their great and patriotic minds, uninfluenced by the passion ot debate, may carve out some mode of adjustment by which the Union may bc preserved and the honor of the South maintained. Girard and Mobile Rail Rond. AA’e are very happy to learn from the Montgome ry Journal that we had misapprehended the state of feeling in that city, on this road. So far from there being any opposition to it, the Journal thinks “it w ill bc seen to resnlt beneficially in an eminent de gree, to Montgomery.” It affords us nnafll-cted pleasure to learn that so far from there being any conflict of interests between Columbus and her sister city, that they are exactly coincident. We shall certainly bc rejoiced at the prospect of an in trodution by steam, to our neighbor, and hope tiiat as the iron horse annihilates the distance be tween us, these two thriving cities may be come rivals and friends in all the elements mentsof prosperity, wealth and happiness. AVe shall not join issue with the Journal in its estimato of the comparative advantages to result from this Road to Mongomery and Columbus ; we are per fectly content with the share which We are satis fied will fall to us, and hope that our neighbors wili never have cause to grumble at theirs. It seems that the prospect of the immediate construction of the Girard Road has given rise to another project in Montgomery for the construction .of a Rail Road from that city to the nearest point of the Girard Road, which is said to be a distance of only 25 miles. Success to it. / Mr. Clay. The National Intelligencer savs : “The Journal of Commerce severely and just ly censures the so called religious press, which brings to bear its batteries against Messrs. Clay, Webster, and Cass—the Northern men now struggling to settle the slavery question in peace and according to the constitution and its compromises.” YVe had for some time thought that Mr. Clay lived on the wrong side of Mason and Dixon’s line. AA’e perceive from the above that the Northern pa pers begin to claim him, and the Intelligencer, a Southern Whig organ acquiesces in the justice of the claim- Drowsed. The Apalachicola Advertiser says a lad named Henry Thompson, who formerly lived in Columbus, was drowned in the Bay on Friday, the sth inst., by the capsizing of a sail boat. Disgraceful Scene in the Senate. Washington, April 17, In the Senate to-day a fracas occurred between Foote and Benton. The latter, in his remarks, said the South Was crying “wolf!” when there \vas no danger, and that the Southern Address Was the cause of it. Mr. Butler replied. Mr. Foote follow* ed also in reply to Mr. Benton, in remarks of a per sonal character, and in an excited tone. The A ice President did not interpose. Mr. Benton moved has tily, and in a hostile manner towards Mr. Foote, both their seats being in the outer row. Mr. Foote hastily left his position for the area fronting the A'ice President’s chair, and presented a pistol to* wards Benton. The latter was not armed, but called on the Senate to notice this, or members Would arm themselves with weapons. Mr. Foote said, “I act on the defensive, I supposed he intended to stab or shoot me, and left the seat to defend my self without endangering others.” Mr. Benton ex claimed, “It is a lie, and a cowardly pretext for as* sassination. I never carried arms.” The Senators were panic stricken and palsied. Any investigation must appear ridiculous, but a committee of seven was ordered for that purpose.— Mercury. The Massachusetts Legislature has passed a liquor license law, prohibiting the sale of all spiritous or fermented liqyors in a less quantity than twenty-eight gallons, except for medicinal 1 purposes. It auth rizes town corp rations ter appoint suitable agents for the sale of liquors, who shall be paid for their services from the corporation treasury. Mr. Hilliard, of Alabama, has been for some’ days detained from his seat in the House of Repre sentatives, by a severe indisposition of a member of his family.— Republic. Significant. —The National Intelligencer thinks that the views of the Columbus Enquirer on the Nashville Convention are “entirely rational.” Grat ifying intelligence. 3.7’ The favor of our New Orleans Correspondent reached us too late for to-day's papr. Election ok Clerk.— I The Hon. Richard M. Y oung, of Illinois, formerly a Senator in Congress from that State, and more recently, Commissioner of the General Land Office, was yesterday elected to the office of Clerk of the House of Representatives, made vacant by the death of Mr. Campbell. Although our personal and party predilections would have led us to a different choice, it is due to Air. Young to say that the House could not well have chosen a more unexceptionable gentleman, or one more likely, with experience, to make an able and efficient officer. Arrival cl the America# 14 days later from Europe—Advance in Cotton. The America reached Halifax on the 18th inst., bringing Liverpool accounts to the 6th inst. There had been an advance in Liverpool of 3-8 of a penny, consequent on the news brought by the Canada. The sales of the fortnight reached 06,000 bales, of which speculators took 17,000, and exporters 5,500. Nearly all the business was done during the last week. Brown Shipley’s circular quotes fair Or leans at 7 1-S. Fair Mobile, 6 3-4. Upland 6 5-8. The Boundary Line between Georgia and Al abama. The question as to the extent of Georgia’s claim on the western bank of the Chattahoochee has been decided recently by the United States Circuit Court at : Savannah, in the case o{“Jloicard J- Echols vs. In i gersoll.” The action was for trespass ri et ami’s and prayed for damages to plaintiff’s right of fishe ry. The object of it was, however, to try the ques tion of boundary. The following was the opinion of (the presiding) Judge Nichols. In the Sixth Circuit Court, U. S., for -the Southern District of Georgia. John 11. Howard and A Josephus Echols V Action—Trespass vs r vi et armis. Stephen M. lngersoll. J Per Curiam —Any violation ofthe proper ty of another is a trespass, hut to enable the plaintiff to recover, he must show a ri<dit of possession, and as in this case, the right of possession is claimed as an incident to the right of property, the Plaintiff must show a title in himself. The plaintiffs claim title directly from the State of Georgia, and the extent ofthe title which the State had a right to give is regu. lated by the article of cession. These arli cles are laws which it is the peculiar pro. vince of the Court to construe. By these articles of Cession, the Western boundary of the State of Georgia is a line drawn directly on the Western hank ofthe Chattahoochee River to the great Bend. It is claimed by Council for Plaintiff*’, that this line he drawn on the hank as defined when the water is at its highest stage. By the counsel for the defendant it is contended that a river forming the haundary between ; two States is held “ad medium filum aquae” by each. The Court differs from both of | these positions and holds that a mean course ; between the two is the just construction, j The line runs along and with the bank, and’ | adheres to it, and the word “hank” used with regard to a river, where the tide does not ebb and flow, is the hie mater mark in the lowest stage. The bank therefore in this case, up. on which the line runs, is the edge ofthe low water mark on the western bank of the riv. cr. A river consists of three parts, water, bed and banks. Tribus constant flumina salveo, et ripis. These three must always touch. The bed is that which is covered with water, in which water always flows; which is under water when the river is at its lowest stage, and the boundaries of the bed are banks. The bank is that which contains the river in its constant course. “Ripa aulem ila ree.te dcfinclurid quodjlumcn cotitinct naluralem rig. orem eursus sui tenens” YY hen a river returns to its perpetual course then the bank appears. If the water in its ! high stages were considered the boundary of the banks then in low water ‘here would be an interval between the bank and the river, whereas these must adjoin each other. In the case of Child vs. Starr, Hill, N. Y.. these principles are clearly laid down. The word shore and bank signify earth arising on each side ofthe water; the bank and water adjoined each other; you cannot own one without touching the other. If a partv owns the shore his possessions extend until they touch ihe water. Chancellor YY'elworth, de fines a shore to be, that part of the river which is alternately dry and covered with water. Applied to a river without ebb and flow—it means that part next the water in the lowest stage, a grant to the river conveys title to the edge of the water in its lowest stage, rhe intendment of law is in favor of a ripar. ian proprietor. Ihe terms, owner of the bank, shore or soil adjoining the water or lands adjacent to the water are all used by celebrated wri ters as cquivolent to the term proprietor of the stream, “ad medium filum aqua.” If the possessions of an individual be separated from the bed ofthe river, by even a mathe matical line, he is not a riparian proprie tor. There are rules on this matter with regard both to public and private rights. The rule as to public rights is as I have stated, and it is a just and politic rule, each State requiring