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

A JOHN II. HANNA, G, X. H. C..
To readers less conversant with tho forms of ,pa
procecdings 1t may he necessary observe that the
effect OF this las, order, to restore the paities
10 the Condition in which they We're before s,Iit \
brought, and leave an things precisely if no action
had ever been instituted.
The grounds Of the demurrer are not sfo,rn by ,be
records but we have !, from the best authority that
They Wore; |. that there being no law OF the o. - re-
curing TIC Post Master General To take bonds from
Post Masters for the faithful performance of their
uuties the bond must be considered ms one taken for
ms own safety, and the suit upon il rs his
acon aud That consequently, the District Court had
no jurisdiction OF the cause. (Non residents &c.
sue IN the Circuit Court) >. That there is an act OF
congress which directs, that if any Post Master
Shall fail 20 render his account, and nav hrs balance M
The end OF every three months he shall be sct and
provides, that "f the Pos, Master General shall not
chrsc snit to- be commenced within six months from
the cnd ot every such three months ,he balance due
from every such delinquent shall be CHARGED TO aud
recoverable from the Post Master Gcncral" and this
suit not having been commenced within six months
after The delinquency the suretics were exhonorated:
that as To them. statute of Limitations which
they could plead, or take ADVANTAGE Of rcport of
case was found III some newspaper, bv which 4, M.
pcarcd that Judge Johnson had r,IIrd one or both of
these points Tor the defendants in South Carolina, and
upon the authority of that case the above decision
upon the demurrer was had The Supreme Court,
however. afterwards decided both points the
other way; that Is IN favor of the jurisdiction of the
district court and against the supposed limitation.
NO further proceedings for recovering the money
have been nstitutcd and pot cen, of the dealca-
ton has yet been paid To the government or to the
General Post Office, so fur as the record shows-so
far as WI know or believe. Yhv the business I'm :
been neglected are not informed There was
evidently, no loyal impeachment tho way mr. is there
no'oj unless 1t be because the Post Master General
cannot maintain suit against himsey:
Thus, by the most ncont ertible evidence ia i,
demonstrated, that VIM. T. Barry is indebted to
the General Post Office. by his bond for sIo 600
that he has been SO indebted, with ample notice,
and under a rcquisiton to pay. FOR more than screen
VeTrS: that tho wline penalty of the bond is trmnn
dahe there hcng equity for n deduction as the
penalty is not large enough cover the dedication
was intended to gard against, that he is bv tho face
OF inc 6oni' ":eeerntfy as well as jointly, liable,
that IL. liable for The ,phoie of il HIMSELF lin fact we
are not able to say that there is the name of n
single solvent man to the bond though there NAV be-
some are dead, and their estates are involved others
are VIGOROUSLY ana desperately insoycnt) and that
the pretence that there has been Judgment for
him. discharging him, is parv bubble In other
words; 1t is made manifest, that Hin. T BURY sis.
and for many years has been, dcfaul'er 10 the
Government, aud To the very department oyer which
he r"csi,i"s, for EN rHous Np poIt Ans no Tho
records of the Federal Court in this town will show
"41dtteye IRE matters connected nth this efino,en
c. toiich unless much njynformed ,rouH u1Ee
common men stare" This alIuson We promised To
! explain. In the foregoing exposition il has been
deeWed necessary, IN consequence Of the positive
denial to go into details and copy papers which Rave
given to this article tedious length For tho re,t
We shall endeavor 20 he more concise
Fairly IN the year 1922, Mr. Barry had discovered
that his friend Fowler had involved him in a serons
Gincnity' by casting upon him and his snreties
debt OF several thousand dollars. Naturally anYious
u nscap the danger OF being accounted, ,l.y,cr .s
well as debtor he Immediately set his wits tn work
to eXtricate himself from situation So unpleasant
Inc hrst step was to procure tho dismissal Of
Fowler, and prevent matters from becoming worse
FMS was easily accomplished. Fovler's deInnuen
cy hnh rendered his removal indispensable; and hen
surety required it. 1t could be no longer DELAYED
] CT nxGrac 10 Al
arrearages. otherwise than from his own proper re
sources. That was not so easily done
The practice of selling o6fces particularly clerk
ships OF courts though positively against law, had
prcvalledin Kentucky, in secret. cvasivc manner 10
a considerable extent. The sales however wore nv
the incHmbcnts, not by the appointing power RI;
lnopr-1n authority not always 10 be relied upon--
bad whispered about, that n very rood fricnd of
Mai Barry, little while before, had Duycbosed n
clerkship IN his county, for sir tboms1nd IoIIars
the Post Office III Lexington must have heen
nearly as productive as this cerksbp. And il seems
! 10 nave occurred TO the sagaclous, inncnious Mai
Barry that If he cOuld get the disposal of that ofce
! he could exucate himself from the difficulty with
winch he was perplcXcd, and avoid tho delinG,onc,,
s"it and Judgment with which he was threatened
Ihcredlbie as II may appear he succeeded in carr,-
ING TINS conception and project into execution \yb,t
ever opinions Mr.. Barry may hold upon such subae,s
now; whatever may be his firtt and his prucfiSe in
ms present situation; them it seems he looked unon
nm office under the general government as n uerchgn
t1bIe commodity! Yes, the present Posi- Mnster Con
eral-one Of that band ofdisintereted patriots
posing he cabinet at Washington, who affect TO shuJ
der and turn pale the bare repetition of Tho snrics
! OF bGrSa'n, intrigue md nrnageneat winch their
chei has himself invencd--by his own influence
aided by his friend Cal. Johnson (''purc os tho nm
ges,) actually obtained from tie then Post Master
General Mclgs) u commission for Post Master IN
Lexington mink MS to the name of the person TO be
appointed; and having thus the disposal of th, o,c
iPm II up, nnf SoIdI To he highest 6uiicr who han
pencd 10 be the editor Of newspaper in Lexington
--s,r~ck it ~, at I,'fr Mous1nd doihlrs!
This was the substance Of the transaction With
out figure Of speech exaGgeratlon, or coloring il
was this Maj. Barry, rs inst stated, was entrusted
with n bf1nf commission for q new Post Muster nj
Lexington, 10 surerscdc Capt. Fowler. Having il
thus ~ ms Po"er To dispose Of III" office his own
discretion, md J"' his o,on bencft If nc thought iii
so to use il bc found rentournn fJos Fcklin Esd
vino agreed to accept tine commission, and after d..
rnyng the cxpcncos oi the office, To- nppv tho neat
proceeds 10 the cStingui.hmcut Of Fowiefs defalco
ton, until his surctles, BdrrY g. Gu. should be- die
CENTRALIZED About four thousand dollars tho por,ios
calculated would effect ibat olc &. The dcfl cation
known 10 be than i,i, fl.