Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1831-07-04

led =, the rrr.eni tern of the Superior Court
Of the Wettrra Dfsltict OF Florida, NV ~ ses-
sion ut pensarnli, ,hr Hon. Judge Bfeek"n-
bri ige pres ding. Yba will phase insert It 10
your nex' paper.
The Post Master Genera,
Antanle G llins md NJ Crupper. seeuri'ic
OF JOHN Fitzgerald, dela 1lilng Postmaster
Mt Pensacola.
(Noie bg The Rspo,ier)
John Fitzgerald was the pfinfsr NJ som e
nsVsnsner 10 rennrssee. and shortly after the
al Of March 1929. came 10 Pensarola, npd
made varipus enquiries 10 ascertain III" pr0h''
OF -. several ciVil amplsynehis held by tue
incuinhents. against whpm m cDmpsmt hHd
| ever been heard m the Territory. After cast
Ing nbnut with the fssidipas ta.ts OF ore cou-
se,,oa Of no yer. he dniilv res l0ei DOT 10
! sia W hrt,vepa tva slasks % bay.' lie deci'
Did mat the Poet Office suited hin h"itoT than
toe con co.. or Marshnl ptiice. II = wish
| es iVero M tde EnoNn, and dns OF tue bSS'
roarasreis 10 the Southern country had leHv"
10 re,ifr 10 short oder, On the plan OF rJorm
| then gping on ADnpt the LAT ofJniy, ~ y,
the Irnnrs.ee Frontier TO * the key OF he mall
bags, ant entered upon the funds of he cDice.
| The instrnctiona of the Lite Post Master Gene
raj fhau rcquro1 the money TO b. drposied
! in the e cearosi hank ms was beio the
| Pon Oftice Department was reformed ny tho
new code Of laws which require such stIicl ac-
countahluy on pGp6r. A the hfsi garter
nfosresse there helng no branch oil the Unit
ed Siaias' Bank at Pensacola, aud the new
incunbent animated bv the spirit of mat
rsf1rn 10 snpro OF whIeh he hal distributed
"a many fypr IN seeing u inscribed d" on
the list OF executive duties aud characters too
strong 90 be overlooked" determined 10
obey his instructions 10 the letter, TO dcpos-
tie the Il Al quarters proceeds u the " near
esi bank called Faro. The deposile being
SAFELY made, he set oat 10 Washing ton 10 &C
| count, where he remained all he water with
the reiormers.
| In the mean time, the military, navn' and
civil officers OF the place all made representa-
tons ng ninst bim. Ihi dflfg lie Insisted upon
his removal The Senate passed "A resolution
calling for an account OF his drialcallon all
which was 'nnd0 known 10 the fos master
GeaertI, who, u was proved, WIS distinctly |
| informed that IL Fitzgerald cane back 10
| Pensacola wthoat dismissal iron Oil =,
| he would emb "a the renal hder ol The funds
1fthe Ollie. M order wa g1vrn, no step
taken, to Stop HE money IN the hands oil Ihe
Deputy.
A known nud acknowl Dc : ,,uter was
kept ~ oihoe Tor lnure than ~ .letihs, an Il.
naliy wa, permitted to loavb Nashlngt N, |
forgetting 10 pay his bills, aud ,pium home.
pocket b rem ,idder OF thB money, sni
SUIT was brou,h t 10 hold The su re5pon'I.
Die.
(Repori Of 'lf case.l
The dcfenAautS pleaded several pleas IN bar,
! SONS OF zee hncal character. and others char
| uing the jo-, 10 ne the rtsIli oil the Inches Of
| the posuuas'r Genera. The omission slles-
oil on his part was the failure to require an
qecount and payment according To law and
his own IN .tfuctions, all OF which n appeared
! bad been violated. aud The iaillre TO sue tbs
prin cipal pthIn the time required by law,
Tue chse was argued at length, upon the law.
in,uncliors, evidence. &c Wrgn,, Dlsrct
Attorney, frp. NJ 6. and White aud Blouut
! u, Deiendan's.
Tie court gave an expedition ofthe law, and
upon thai branch 9th subject which referred
10 the iGCh6S Of the Postmaster Gen raj re-
marked. that sureiies coll6 moi in general
avail thcmselve' Of the Inches ol hs Govern
meni, or its Off GERS, bni that cases m'ght
| occur ct such gross negligence and evident
irreguHIity, as TO release tn sureiles from lla-
utility. Whether there had been that neg
/ grnce aud Irregulariy IN this case, the court
did NOT say OF intimate, as that wasa metler
ARISING out of facts applicable TO the laws
which had been expiaina1.
(Farthsr Note Of the Rspori)
The Jury, Without hesitation. found a YER
dict for the defendants, the effect al which is
that all the postage collected at tne Posi- OBJ ee in
; Pensacola, il III the . deep bosoM OF the ocean
buried"
II the learned counsel had seen, before this
irlsl, the Baltimore Republican of I'd Nav he
could have found what the lawyers oall " case
IN poiot" Il IS not good rule that will not
work both ways. the suit was not com
menCel wiihm slA months.
The ! tier of Mr.. Berrlen 10 the President
rendering his re,ienation, Is such "a NIGH
have been anticipated from 10 polsh. aud tai
ented gentleman and must make tue Pr,si-
dent feel his own ltlleness and insigni6c.nre
: Mr. Bcriien explicitly declares thaiho - ''total.
r ~ ignorant ofsny want OF h#npaz" ~ tlp
: cabinet which - either hrs or ous4' T. have
q impeded the operations of the addiiotst,a-
D tion' aud that he resigns h s office simply ia
: obedience TO the presiirnts will. Wa ,hu,
: have the testimony Of Messrs. Branch, iugh,n
and Bprrien rs TO The f4ci thai there was no DIS
J cord n the cabinet IN reference 10 pHb1ic
5 measures and yet The President. in his reply
to Mr. BctrIeG, reIterates Whit he formerly
stated thai toe dlssouGon was dictated by
pabac CONSIDERATIONS. - Will only add Z"
Gays h) that me determination n Change INV
} cabinet was dictated by imperious sense OF
pabhc duty Again " Pereeying that the har.
mouy and feeling 50 necessary 10 an efficient
administration had tailed, IN a considerable
drgree, 20 mark th course OF this, 81. Now
the people desire 10 know, aud ought to be
nioem"d, ~ what this sant of :. hai mnuy ia
feri,ne' " hich the Pies dent al eyes existed,
DO, which Ne,srs b soca, lug nam aud Berrien
DENY, consisted. The PrtsIsent has borne tes-
iinnnv TO the connect mBnner in which the
three gentlemen named discharged their duties
nor mas he sogg sted any disappl Citation ol
their principles or measures. For " hat then
we've thsy dismissed I Not surely because tae
public interests req med their discharge For
what then, we again ask were ihav dismis-
sed Inc President m0St speak, or the people
will speak for hin They will say, that the
true reason Tor his removal of men whose 6t-
ness for the Offices lhry held, be ackpowledpes