Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1829-09-28

Judge Trimble sustained tie demurrer. Mr.
Jshn j Cfitenden. The particular friend of
| Mr.. Clay, being counsel for The defendants,
and the Hon. George NJ. Bib. for the Depart.
inent. The books Of the department how
| that Mr.. Fowler, after the execution OF his
new bond, paid So o2g 81 Of which sam 3d..
1913 30 v ere applied TO the pay ment Ut the debt
due before the bond was executed The con-
| dit ~ Of the last bond was. that he should
| faithfully pay over the monies received after
the date OF the bond. re, The attempt OF the
| Commentator Is o make Mr.. Barry responsible
| for The debt which had accrued before. under
| the first bond, 10 which Mr.. Morrison vas
party. That bond was no cancelled by The
new one. Mr.. Morrison WIS solvent and IT
the money Inns not been paid, Nj. Clay, whois
his acting executor, aud not Mr. Barry. IS 20
! blame. There Is no rule OF law OF justice, that
can make MIR Barry responsible for the defnl'
cation of MI CLAY.
But this is not Nil, II is pretended in the Com
mediator, that the deb, will be lost Tor the want
o, valid bond OF because MI Barry oannot
sue himself A. We have before snd thr first
bond has not bceu cancelled. Mr. Mbfrison
wasa party To that bond aud he ,gaS solvent
aud although the bond is lost. Nj Clay, rs his
executor, is bound for the Whole deb', in vim
tue ufthe GIsl bond II IL cannot he found IL
can he proven, and precedent IS NJ hand tn shew
the validity OF n bond upon The testimony Of
living witnesses, though the instrument itself
10 lost
Tn, above facts are established beyond all
cont oversy They ARE familiar in the recol-
lection of those thron h VII m tie business
was transacted, aud are sustained Ivy the re-
cords and documents oil the General Post Office
Department.
The preeni for this attack upon the Post
| master General, Is. ihat he has improperly
ctnrged Nj. Hawkins, The late Postmaster at
Frankfort, with being deGulter The
hooks of the department show hat hr. Haw-
kns has been dcfaulter, aud since he has
made Ia appeal 10 the public throog h the press
W, will, ia n few days enabe that public 10
torn n correct estimate of his case.
From TIC Frankfort (hy) Commentator, Sept X. :
M. Fckiias Letter l,nsrrted beiow) Was re.
ceivelby the mai yesterday mo,nng--leasing
us barely time 10 haye II plf n Type for this
paper, bu, neither time nor room for any OBJ
scryatons on our part. Upon The slight con
sdefaion which We have been able to give II,
we npprehend il imposes upon US, the nnplra.
| sant task Of resuming his sui eci aud 50 lar
No there ARE discrepancies between our account
oi the affair and Mr. Fokms explanation, we
must ask our friends 10 suspend their opinions
u Ill they wee whata week will bring forth.
We have, IN fact, little cOrps de rsgerUe touch
lug Mr. BURY agency Ahich Mr.. F,ckiin him
self, II would seem, was not fully aware of
LEXINGTON, Ky. oh Sept. 1929.
To The Editor ofMe Commentator
perceive III your last paper, iha, the Hon.
VIM. L Barry, h charged with employ ing his
influence TO remove Capt, Fowler, IN 1922,
Il ON this Pos, Office. nnd tukipg mn advantage
ola blank Appointment enclosed 10 him, Of
placing me Ia his stead, from unworthy oonsid-
| eratons.
The subject of my appointment was discussed
| freely NJ The time aud since, whenever Mr..
Barry held any Office, or was n candidate +; aud
] assure you there Is great injustice done both
20 him aud to myself by al emptirg 10 shew
thai he was influenced by Improper motives,
IN filing up thr blank with my name, became
| II Is a fact. thu he was iii po.ed and would
| have recommended me for the sa ne Office AZ a
| time, am bound 10 believe, he had 40 expec-
tanon of receiving blank appointment, nor
| did ths bank, eusblo him TO dispose of this
Office, as is vel Known by rei7cnce 10 the
| power and practice oil the Post Office Depart
ment TO cln,rol all appoint nients made IN THAI
OF any other way.
| Late in the year 1871, about two months
| before my appointment, had a conversation,
| for the hrsi time, about the situation Of the
| Lexington Post Oihce, aod shortly affer had
| another conversation with John r. Mason
Esq. snIatalc~ Fowler on the same subject
| from which understood thai Mr., Fowler eve
| peoled 10 be ablo IL pay of the debt, or gree.
| ter part Of II, but that IN the event of disap-
poinimen,, he would resign, and recon mend
me ns his successor. Mr. Barry was at thus
time absen, on duty in the Senate Of the
States. IS Lieut.. Governor. aud do not re.
| collect 10 have wrote or spoken 10 him on the
| subj ct, but understood from Mr. Mason that
IN the event OF the resignation Of MI Fowler
| THAI Mr.. Barry would unite in my recoiniDen4
| dation. Hero the matter rested until shortly
after the adjournment of the legislature, when
| Mr. Barry received from the Posi- Master Gen
eral a blank appointment with request 20 I'LL
aud return il Immediately the blank was filed
with my name, aod no engagement 10 pay TO
the department the debt Of by predecessor, or
TO reward Mr.. Barry in any way, nor have
ever paid to him or TO any other persona EN-
| on that account.
| The undStbrbed friendly relations existing
between Mr.. Barry and myself is well known
here. aud was authorised 10 expect from hinl
az many acts oil dislnierestcd kindness az from
another quarter among my acquaintance, nor
WIS filling the blank appointment comforting
| any greater favor than n letter oil fecnInmenda-
lion such Ms would have been given in the O.
vent of a vacancy.
had no concern. nor do believe Mr. Bar
| yof hny oihe' person had any IN producing
! the removal Of my predecessor, or procuring
the blank app in'msnt ioI I'm sat SIZED Mr..
Barry has always cherisl ed The warmcsi friend
ship for Mr. Fowler, aud for my part colisid.
| cred mat ~ the event OF vacancy the RECON-
mendations should he able 10 present LEFT no
reasons To doubt oi success in q department
where was advaniageously known for nearly
twenty years, ss Post Master or a mail con
trac or, on the most exlen,iye routs In the u
nlted States. The unlocked for arrival Of a
blank appointment al this time could not be
supposed to change the friendly disposition of
Mr.. Barry, and the act of filing IL up for me
was matter Of course, but by means secur-
ed the Post Office
The employ ment Of blank appointments by
the General Post Office, is oihing new or i'm
4 L e