Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1829-09-15
JOHN III. HANNA. C.KDC

JOHN H. HANNA, C. DC
To readers less conversant with the forms of legalI
proceedings IT may be necessary to observe that the
effect of TINS last order, was to restore the paties
10 the condition in which they were before snit
brought, and leave all things precisely if no action
had ever been instituted.
The grounds of the demurrer arc not .ho,cn bv the
record but we have it from the best authority that
they |. that there being no law of the U s. re-
.uirng the Post Master General 10 take bonds from
Post Masters for the faithful performance of their
duties, the bond must be considered as one taken for
his safety, and the suit upon il as his personal
action; aud that consequently, the District Court had
no jurisdiction of the cause. (Non residents, &c.
she in the Circuit Court q That there is an act of
Congress which Directs that if any Post Master
shall fail TO render his and paw his balance AZ
the end of every three MONTHS he shall be sued: and
provides that elf the Post Master General shall not,
cause snit to be commenced within six months from
the end uf every such three months the balance due
from every such delinquent shall be charmed to and
recoverable from the Post Master Gcneral:" and this
suit not having been commenced within six months
after the delinquency, the sreies were exhoporated:
that as to them. was statute of limitations which
they could plead or take advantage Of A report of
case was found IN some newspaper, by which It ap
peared that Judge Johnson had ruled or both of
these points Tor the Defendants in South Carolina and
upon the authority of that case the above decision
upon the demurrer had. Tie Supreme Court
however, soon afterwards decided both points the
other way that Is IN favor of the jurisdiction of the
rict court, and against the supposed limitation
No further proceedings for recovering the money
have been instuted and not one cent of the deaica
ton has yet been paid to- the government or to h,
Ieneraj Post Office, so far the record shows-so
far AZ we know, or believe. WHY the business has
been neglected we are NOT informed. There was
evidently no impeachment in the way nor is there
no,o; unless it be because the Post Master Gene,oI
cannot maintain suit against himself
Thus, by the most incontroveribe evidence &c !,
demonstrated, that VIM. II. Barry, as indebted Ia
the General Post Ofice, BY his bond, for 81 600:
that he has been so indebted with annie notice
q nav fir fLo
yeDs; that the whole penalty of the bond is deman
dnDie there being no equity for deduction ms tho
penalty is not large enough to the defalcation
was intended to gard against that he is ty the face
OF the bond, "seue'nliy,' well as Jointly liable
that is, liable for The ,ohote of it himself lin fact we
IRE not able to say that there is the name of a
single solvent man to the bond thoupb there NAV he
some are dead, and their estates ure invoved others
are VIGOROUSLY and desperately insolven and thai
the pretence that there has been iudGment s.Tor
nam, dIschnrging him, s paltry quibbc. In other
words; II Is made manifest, that I'm. II Br,,.y sis
and tor many years has been, a defanl,er IN tho
Government, and to the very department over which
he now p-csi,cs Tor TEN .Io-rs,S nc tb,
records of the Federal Court in this town will show,
.4hd Gtere nre matters commercial NTH ttSs deiinoysn
cy ictch, unless Ue much ,,oG m ME
common men stare." This allusion we promised n
explain In the foregoing exposition it has been
deemed necessary, in consequence of tho pos;,;v,
denial, to into details and copy papers which hav
given to this article tedious length For the rest
we shall endeavor to be more concise
f.ar'y W. Inc year 10. - Mr. Barry had discovered
that his friend Fowler had involved him in a serious
difficulty, by casting upon him and his co sureties
debt of several thousand dollars. Naturally ,nvous
to escape the danger of being accounted. e;sifer as
well as debtor ne Immediately set his wits To work
to extricate himself from situation so unpleasant
The first step To procure tfle DISMISSAL of
I Fowler, and prevent matters from becomino worss
This was easily accomplished FowIer's dei;n Gov
cy had rendered his removal Indispensable and uho,
surety required it, it could be no lonper DELAYED
ne next step was to provide for the payment of The
arreoFages, otherwise than from his own proper re-
sources Jhat was not so easily done.
The practice Of selling offices part;c,Ia,lu. o,r,-
ships OF courts, though positively against law had
prevalled In kentucky in secret. evasive manner t
considerable extent. The sales however wore b,,
the lncHmbents, not by the appointing mower RI
monr-an authority not always to be relied unon--
. n whispered aoout' that very good friend of
n'9; parry, little while before, bad pl,citnsed
clerkshP in his county, for sir ttovs,od o,oyor.
The Iost Office in Lexington must have baon
nearly as productive as this cerkship And If soeo,s
| 10 nave occurred to the sagaclous Ingenious Mai
Barry that if he could get the disposa Of TIM e.
he could eXtricate himself from the difficmI, Ut
winch he was perpexed and avoid the dclincuapcy
sun ana Judgment with which he was threatened
lhcrehihle as 1t may appear, he succeeded in corrv
III" ms conception and project into execution, SVba,
ever opinions Mr. Barry may hold upop such s,h;nt
now; whatever may be his firth and his D,ocf;co in
ms preseD situations then, it seems he looked anon
ut ?Oee uruer the general government rs oferchan.
tdo,e commodity! Yes, tho present Post Master Con
era-one OF that band of diSiateresied patrots rom
posing the cabinet at Washington, who affect TO sbmd
o ana turn pale at the bare repetition of the s,ores
| OF organ; intrigue and management which their
c:iieI mas himself 1nventedby his own influence
aided by his friend Cot. Jotngon (..pnre as tbe an
gels actually obtained from the then Post Master
General (Mclgs) II commission for Post Master m
lexington d'dn6 M to the name of the person to be
appointed; and having thus The DISPOSAL of the oa;o
P"t ~ up, and SoidI to the highest bieoey who La
Pehea 10 be the editor of newspaper in Iexigpton:
--Strucf AZ ot, at four Monsond dokigrsy e
ms was ne substance of the transaction With
w, iisure OF speech, exa@gcraton, or coloriDO il
was this: Maj Barry, Just stated was enlr,,soJ
WIN Il b'Hnc commission for new Post Master a,
lexington, to superscde Capt. Fowler. Having if
us ." N's Po"er to dispose OF the Office a, his own
so TO use IT. found gentleman (Jo7 Fcllin Eso
VINO agreed to accept the commission, and nfter de-
IIayhg the eXPences OF the Office to apDv the roat