Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1829-09-15

J TUESDAY MORNING, SEPr. I5. Is2e.


Barrys dedication. II turns ont anticipated.
That Mr. Barry isa debtor to the government is clear
~ established We think the deij,u',cr not tho
appropriate torn. Tho difference is verbal merely.
All dedication docs mol necessarily imply moral guilt
We hope the present administration will take srch
measures enable Duff Green shortly to announce
rs in the cases OF Mcssrs. Lewis anu Livingston that
VIM. l. Barry "pors NOT o,ce the Government ono
cent The article from tho Commentator is ton long
for insertion in our paper at length We must there
fore make extracts from part OF il and an abstrac,
OF another parr. In justice 10 the Commentators we
commence with its definition OF a dofaultcr.
But before we proceed to show that VIM Il. Bar.
~ IS dsfauItcr 30 he Gyre~nmcni as we have said
1t Is proper to inquire ha, there may be no misun-
dcTstandnc on the part Of any one) Dhnt constitutes
/ deailfcr to the government. There is not ncCps-
sariy any cTiminai,y attached such dciacaiion-
But, IS we Use the term. when one deot. or
duty, To tho Government, and the time has passed
within which he ought To have paid, or performed that
debt or d'y and he hos failed to do. he is do
iaulter TO the government. "DErAUtrER.--Onew who
is deficient in duty. VrIler Nor is it very mate
rial how the debt, dirty originated. Hone receives
money belonging to The government, and fails 20 paw
II over when required he is deftRi'er. II uler.
Chant imports foreign goods, gives bonds for the du-
tcs' ana iais 10 pay them when dnc he and his
TIES arc 0sfTusTs, and their credit al the Custom
House, We take II, is gone IF one undcnskes pay
inc debt which another may incur the government
and Is found unable to discharge whereby the deb;
dcvovcs upon him who undertakes. and the latter
having due notice, fails to pay it, is public de-
(nnl>r"
( The Commentator then proceeds to comment upon
the authorised denial by the Telegraph.
SIN the district of ColumbIa, whore tho Postmaster
General is better known by his urbanitv and bantish-
Ecn's than by the history of his affairs in Kcntue-
onr suggestion appears 10 have produced sone-tou
lpN Tod ClDo
,here must certainly be mistake in this matter"
Another equally friendly, perpexed with doubts
ana earnesy'invokes u.s. fer Our sake to sustain
the charge and also TO expose the transactions which
we said ''would make common mon stare but which
Is pleased To understand hinged with enoy1pi-
iy,-and warns ne that if we fail to do So shaving
thrown out the charge we shall he obnoxious 20
pubic censuEe," &c. Then comes the Tele ,raph
The government paper with his energetic paragraph:
by which the editor, doubt, imagincs he has settled
inc whole matter at single dash, in q way not much
to our credit
"'7ie Post Master Gsaeral nsuiao tho rcpof, a. s.,4
a"y h~e" detrue- government and 10
very Department over which he presdes for
dollars as the records of the Federal Court Frankfort will
show we are authorized give the unqualified denial
can rnqyalifed denial! Indeed. the editor had
better have qualified it hHie at all events. s.4,-
hortscd" too! But he does say by mbonl, AMI it
might be doing Mr.. Barry injustice TO assume that
ne had authorized it,"
The first evidence set forth, Is the bond or john
Fowler, former Postmaster Frankfort with Corne-
Illus Cole, Thomas Fletcher, John #. Mason, IT,
WILLIAM IT. Barry, John Patrick, and benjamin
Johnson, his securities in the penalty Of $40 1000
and conditioned for the faithful performance of the
duties of his Office, and paying the receipts thereof
There then follows certified accounts again. Fowler
as Postmaster showing a balance against him Of
IO,763 %. The Commentator then proceeds:
"'Thc insolyencyof Capt. Fowler and his utter in
ability 20 nay this balance or any conslera HE norton
OF y, had become matter Of general notorcty. II
was known AT the department. And on the 10Th of
March. 1872, n sut was commenced in the District
Court OF the u. ). for this district, upon NE bOd 10
recover the money from the surctirs. The. nrocoss
was served ON all the parties by the 9Th of Nav fol-
lowing; of course, they had ample notice of their
condition, md Of what required of them, more
than seven years ago.
It's proper to- Observe that Capt. Bowler claimed
certain credits to be set off against part OF the ba
lance reported against him; namely, for OPENING the
mails in the night, during yours for distributing
blanks; fog wrapping paper; fer extra services and
fires, ond for clerk amounting altoUeibcr to
S3,620. But these clairns were disallowed Mt Tho
General Post Office, appears by the following letter
found among the papers.
GINI~ Posr Oyrur Dsr'r }
I'm FsbrUary, 1879
Sr! does aprcu that any the items efnrseed in
he account presented ny you, Of John Fowler sacoed
eher by la" or "'sse and therefore ihey cannot be admitted
Tours respectfully,
Hon Richard VI. Johnson,
u. =. SsHrie
Inc cause was continued in court. from term fo
term, upon the application Of Fowler aud 81 herUisc
until May Term, 1875. ~ was then disposed of tho
following transcript from the records ofthc court viii
show how.
Nav n, 1925. "Aud r said derts come &C and c,,yo
oyer of tee SAID hond declaration mentioned and Tine
condition tneTeuntO annexed and hath il BOO ue yorls an
hgres follow lng o-w fnere nseu IT, and ierer1 ne ey ~
mar Tie pm his action aforesaid against them 10 have a1d
maintain ongh not hecaUse they saw that said
bad snd condition ihereiuo annexed, eooI and sam
cie aH e. maintain said his cgf,i nor are tl
hound ~ give any ouei of farther terris AID tins teC
ore ready 10 verify wherefore they pray Judgment Nc
CriicHdc1, for DJ'b.
"Aud Tho said attorney of tho United States saith thai the
'aid declaration and the therein contained are ro,
inh sufficient ~ law 10 have asi uauu,n action AFORESAID
thereon t tins be IS ready verify; and mat the s.d s
cnnahS aren not made any ohrr Sufficient answer torsr
~ ne said attorney Dr aud bcIaf Of UutcJ State.
iray judgment, sc tim " Rij5. Afoysry L. s. II nj
md the Arguments II counsel being a-upon ie :. III
"uffet and the court heius advised, do CONSIDER that f
na ihere"pon T. ior The defendants ID therefore, order
~, nat ibcJ ~ benc'.'
JuSz 'On motion NJ the r,J Tho rptei sta,o,