Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1829-09-15
1saetsstso otto Gg1tDtg.
TUESDAY MORNING., SEPT. IS, 1898.


days mail, contaihng the promised exposition of Mr.
Barry's dcfalcation. 1t turns ont anticipated.
That Mr.. Barrvisa debtor to tho government is clear
ly established. We think the term defauter not the
appropriate term. The difference is verbal merely.
All dealcaton does not necessarily imply moral guilt.
We hope the present administration will take such
measures TO enable Duff Green shortly to announce,
in the of Messrs. Lewis and Livingston that
VIM. Il. Barry "ooEs NOT o,ce tte Government one
cent" The article from the Commentator is too lone
for Insertion i'll paper al length. We mus, there
fore make ext acts from part of il and an abstract
of another part. In Justice to the Commentator we
commence with its definition of dcf;uter
'tBut before proceed to show that VIM T. Bar
ry Is d5fauHcr To The Gore,nmcnt, we have said,
Is proper to inquire, THAT there may be TO msu-
derstanding on the part Of any one, ,ohat constitutes
defaulter to the government. There is not neccs.
sarily any crmlna'ly attached to such dcfa!cation-
Bat, as we use the term, when one owes a debt or
duty, to the Government, and the time has passed
within which he ought to have paid. or performed tina,
debt or duty, and he has failed to do, he is de-
taultcr to the government. "DEFAULTER.-Onew who
is deficient in duy'- Uulfer. Nor is it very mate
aihow the debt, duty originated. Ifone receives
money bel onging to the government and fails pay
It over when required, hc is a dsfnuher. If mer
chant imports foreign goods gives bonds for the du
ties, and fails to pay them when due, he and his sure
ties are dsiiniters and their credit at the Custom
iose, we take 1t, is gone. If one undertakes to pay
the debt which another may incur the government
and Is found unable to discharge, whereby the debt
devolves upon him who undertakes, and the latter
having due notice, fails to pay it, HE is public de
fuulfer."
The Commentator then proceeds to comment upon
the authorised denial by the Telegraph.
SIN the district of ColumbIa where the Postmaster
ucnera is better known by his urbanity and blansh
merits than by the history of his affairs in Kentucky
our suggestion appears to have produced sensation
rather unexpected to us. One Friendly paper saws
mere must certainly be some mistake this matter"
Annthese equally friendly, seems perpexed with doubts,
ana earnestly lnvokes for own sake to sustain
me Charge and also to expose the transactions which
we sad would make common men stare" but which
Is pleased to understand were stinged with e7or,i-
" and warns us that il we fail to do so, "having
thrown out the charge shall be ''obnoxious to
puDIic censure," &c. Then comes the Tele traph
n'e government paper, with his energetic aragrnph;
oy "nich the editor doubt, ina gnes he has settled
Inc whole matter at single dash, in way not much
to credit.
"'Ihe Post Naster General aaino the report as stated
many years ss ss mat the psr.srsH GEsIsA
me very department which presides for TEN
dollars as the records of Federal in Franko viii
1, is utterly false 'N'''
AN unqualified denial Indeed, the editor had
better have qualified it little at all events "9x-
"ortsed' tool But he does not say By ,cfo,a md ii
might be doing Mr. Barry injustice TO assume thar
ne had authorized it."
Inc hrst evidence set forth, Is the bond or John
Fowler, former Postmaster at Frankfort, with Come
lius Cole, Thomas Fletcher, John II. Mason ir
WILLIAM T. BARnY, John Patrick, and BENJAMIN
Johnson as his securities, in the penalty of $40 900,
and conditioned for the faithful performance of the
duties of his Office, and paying the receipts thereof
There then follows certified accounts against Fowler
as Postmaster, showing balance against him Of
So,763 %. The Commentator then proceeds:
'The iDsolvencyof Capt. Fowler, and his inter in.
ability to nay this balance, any considerable portion
Off, had become matter of general notorietv i,
was known at the department. And on the 10th of
March 1922; suit was commenced in the District
Court of the u s. for this district upon the bond to
recover the money from the sureties The process
was served on all the parties by the 8h of Nav fol-
lowing; of course, they had ample notice of their
condition and of what was required or ,hen D,n-e
than years ago.
It's proper to observe that Capt Fowler claimed
certain credits, to be set off against part of the ba
lance reported against him. namely, for opening the
mails IN the night, duriEg years. for distrbntnn
blanks; for wrapping paper; fer extra services and
fires, and for extra clerk amounting atouetber tn
5000. But these claims were disaliowed M tho
General Post Office, appears by the following letter
found among the papers
CAST Posr OFFICE Drr'r
11ft Febr,nry 1922 (
Silt does appear that any items embraced in
The presented you, of John Fowler are sanctioned
either by law usage, and therefore cannot be adned
Yours respectfully,
ABM BRADLEY
Hon Richard NJ. johnson,
H. s. SeqIte
The cause continued in court from term tn
term upon the application og Fowler and otherwise
until May Term, 1926. 1t was then disposed oE tho
following transcript from the records ofthe court will
show how. ~ WIZ
MAY u, 1875 "And the said dects come &c and crave
Eyer OF the said bond declaration mentioned and Tho
onnnon thereunto annexed, and hath IN the words and
CURES oowIng o-wit here insert IT, and ercu,n thew s,
nay We pt MS action aforesaid against them IN have 80
an ought not because they say, that the declaration
n ana condition thereuno annexed good and sun,
et IN law to maintain Said IN this cot nor arc IT,,
onn 70 give any other farther thereto and this Ie
We ready TO verify, wherefore they pray Judgment 6c
I'ifc7dcn, for T),Tfs. " 'e''''' NC
the said attorney Of the Uuii:cd States saith tina, ,
m necaraon and the matters therein contained are ro,
u Sncent ~ law To have AND maintain the action
eon ha TINS he IS ready verify; that Tire III M
nu'sS nave not made other sufficient answer ,lrre,
, VIC Sd attorney FOR and behalf the United C.,
ray ludgneot &c -fis0 III Bbb .4ff,yney u y M
An" the arguments If counsel being heard oon Tho -;