Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-09-14


not recoverable by them; and that rs a private
| transaction between him and MIR. Kerr he had
offered reasonable proposal, which MIR. Kerr
had rejected. He received from the President
OF the Bank an answer, that the Board did not
consider itself party in the transactions but
I That 1t was an affair, exclusively, as tothcin,
between MIR. Adams and Mr.. Kerr, in his pri-
yate capacity. On the 23d of March, Mr. A
dams received from Mr.. Kerr an insulting let
ter, IN which, afer stating Fiat Mr.. Adams a I
written To him, that she, was authorized by Mr..
Adams To say, that he would bccou;ne security
forthe debt OF Mrs. Moulton, he adds, 81 agreed
to the proposal, and tie note scas brought to me
u'sodcifed:" the fact really having been, that tie
note ioas Urten by Nh. Kerr. himself, and only
| signed by Mrs. Aloulton.
| On receiving this letter MIR. adams deter
mined to hive no further personal intercourse
with MIR. Kerr; hut had, at his own request,
| three successive interviews with General John
+. an less whom he considered, Il coniided
III, as particular friend OF Mr. Kerr aud who
had been presentin the Bank when Mr. Adams
had called there Oh the Goth of March. AZ
these interviews, Mr.. Adams explained TO Gen.
| Van Ness particularly what he had intended by
saying that fraud and deception had been prac-
tised upon him, to obtain the increase of the
note from Sl25 TO Sl37 so :. that he had not
intentfed to charge technical fraud individuality
upon Mr. Kerr, III the transaction, but that
there had been great unfairness in his proceed
ings to obtain the increase OF the note He
specially pointed TO that passage of Mr.. Ker,'s
letter which said the note had been brought to
htni unsolicited, when, in fact, it was in his own
handwriting. AT the second interview, MIR. A.
dams told General Van Ness, THAT on iuli reflex
ION, rs he had put his name upon the note, al
| though he retained his conviction of the Unfair
ness by which il had been obtained he would
pay the whole ofit but that as security TO him
SELL and as far as was in his pwcr for the future
preservation of the furniture To Mrs Moulton &
her family, he would previously take an assign
rnent OF 1t to himself, confirmed by her husband
residing at New York; TINS assignment was,
| accordingly executed, and as Mrs. AIoulton las
left MIR. kcrr's house, it is hoped she will re-
main In undisputed possession of the furniture
hereafter.
| AT the third interview, Mr.. Adams gave 10
General Van Ness check for the sum of = 81
30, without requiring of him receipt buttcllino
him that he relied upon him, for the return OF
Mrs. Nloulton's note &forcopes ofthe f,so letters
from Mrs. Adams TO Mr.. Kerr, which had been
written IN December, and from the second of
which ie stated it would appear that she had
| then demonstrated against the increase of the
note from l25 to $l37 80, as not warrcnted by
| the promise OF Mr.. adams to- become security
for Mrs. Moulton's debt.
Neither the note, nor the copies OF Mrs. a.
lsdiHsS tWo iSttcIos nave peen sent TO VII. A
dams. although General Van \ ess paid the
check to Mr.. Kerr. tue latter retains the ,,ots.,
on the pretcncc that Mr.. Adams had not paid for
! the Notoria protest III the name of the Presi-
dent and Directors of the Bank of the Metropolis
1t Is proper to add, that Mrs. Moulton, by
work, as milliner, done for Mrs. Adams has
already repaid part Of the money.
i In comparing this narrative with the publica-
ton in the Washington City Gazette; il will be
ftot
| ly AYERS, that Mr.. Kerr employed an officer to
dstFain to the amount Qfoae hundred and eighty
seren dollars and ftiy Cents.
| That Mrs. Adams wrote note TO Mr.. Kerr
saying that if lie would release the goods, MIR.
Adams would be responsible for the debt.
| That on receiving this note Mr.. Kerr replied
that he would release the goods, leav ing it 10 Mr.
Adams to give what security he pleased.
And thatstwo or three days afterwards the of
| ficer brought to Mr. Kerr promissarv note,
drawn by Mrs. Moul,on for Sl67 so, at so DAYS,
and endorsed by John @. Adams.
Thelacts are, that MIR. Kerr employed the of
ficer TO distrain fer 6 25. This was the sum for
which MIR. Adams promised to become security.
That Mr.. Kerr himself wrote the note for
| SiG7 30 cents, and, after obtaining the sigma
| ture of Mrs. Moulton to it, sent it for Mr.. A
dams's endorsement. That Mr.. adams object
ed TO it on account of the increase of the sum.
| That Mrs. adams wrote note TO Mr.. Kerr,
stating his objection, and that MIR. kerr's an
| swer to this note led MIR. Adams to believe that
the distress had been for Si87 30, and he endors-
ed the note under that impression. 1t was only
after the note had been protested, that Mrs.
| Moulton produced the order TO distrain, in Mr..
kerr's hand writing; and it is for Sl25.
Appetizer misrepresentation Ill the statement
of BrUtus is, that Mr. Kerr, 1T the maturity Of
the note, aiio,omg three dny's grace, politely
| sent the note to Mr.. Adams, with the intention
of avoiding the protest. Instead Of whi;'h, late
| on the last day of grace, Mr.. Kerr seGt, as
| Cashier OF the Bank OF the Metropolis, 10 Ihc
| Department of State, where Mr.. Adams was en-
gagged on public business, mere notice that the
note was not paid; and the next morning a no
| toriai notice, that the protest had been made,
was delivered TO Mr.. Adams, IN the name of The
! President and Directors OF the Bank of the
| Metropolis.
! These were the circumstances of which Mr.
4 ADAMS spoke with indignant feeling to Mr..
| kcrr.-IIow far they fall short of legal fraud, is
| left for the pubic to determine. II is believed
that they alone, independent of the fact that the
| note was signed by married woman, would
have formed a full defence against the recovery
of the note, before any Court Of Law or Of T.
putty. In determining 10 pay if, MIR. Adams
considered only what was due To HIMSELF and TO
the motives upon which nc had acted through
out the transaction. The consciousness be-
traycd by the Disguise Of fhc facts i'll the nara
tive of BRUTrs, is thc.best comment upon their
real character. National Journal
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