Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1831-07-11

gone TO the credit of that under the now bond
anu that the suit against William Il. Barry wa
occidcd in his favor by tho Court.
| independent of the known rule of the canine,
iaw' that when man is indebted on two accounts
anu pays money to the creditor, without direct
ns 70 winch account it shall be applied the credi
oi may apply tito which account he pleases il ba,
oeeh the usage of the General Post Office tn ami
moneys paid by Postmaster to the extinguisb,pa y,
ot the balance first in order of time stonJ;n"
against him tho books
again-t appears by tho certificate Of tho C,.rL
Oh the Court in which the suit was brounL, a..
",'hough 1t was IN tho first instance dec;d.d unon
"e eenurrer ny the defendants i'm their favor. yo,
me Judgement was afterwards opened and the suit
=. SO .tat the United States might begin
nc "ooo; and the Indebtedness of tho o,rtv % n
remains evident from the books and records &c
tue department. over which he now presid,sn
=, Turing the investigation by the COMMITTEES IF
of IL appointed to examine into the condition
vi the fost Oftice Department was u, rt;cnI,r,
hterrogated under oath, as to the truth or IN; -
sauoh' L presented my statc-lcnt to tho Con,
n'.tee' ana In reply to u question by Mr.. Grundx
eo ,nat torived almost all my information
upon this subject "from the books. poncrs a,a
correspondence of the Department. I rcfsrroJ
.ue COMMITTEE for proof of my charge to oPost
cfhce Leger l., vol. 6, and suit book and letters
ron ron the officers conducting the suit;p added
su. oooK and bond book for that period would
"eiucidate the subject of the Indebtedness, of tb.
Fostmaster General, Mr.. Barryl and that Mr.
Ioseph w Hand, the Solicitor of the Department
nad these books and papers, and can produce the
oooks ana correspondence on the subject" The
myorify Of the Committee refused to send for Mr.
Hdnd, or 90 require the production of these books
and papers. 1850 '''"'
subsequently, when tho subcommittee. Mr..
Grundy and MIR. Holmes, attended at tho GeuerI
fost Olce to investig te the falsity of the Post
master Generals Report, requested them as soon
as that subject was concluded, to turn to the dozen
ments and papers in the Office to see that INV s,t
nient was fully supported by them. Mr.. Grundy
W hou not l.
you have stated it." told him the books and M
Pers were ut hand, 1t could not take five minutes
ne replied, 'that 1t was wholly unnecessary for
we admit that your statement is exact"
f,,'er this PROOF and admission of the facts what
snail we say OF the hardihood and audacitv of Mr.
Barry when he AYERS, 1.-THE decision in the ease
mas never been reversed or opened" Is not this in
drect accordance with the spirit and the total dis
regard OF truth manifested in he fraudulent and
raise returns to Congress. If such was the f,ct
why did he not procure the certificate of the Clerk
OF the court! My letter to the President has been
more than year before him; it is more than fnnr
months since its truth was sworn to- and since the
facts relative to that particular were admitted hv
the Committee A disregard to yoracity was one
OF the charges preferred against him to the Pres
ident. ~
lie objects to the law and usage which allows a
creditor to apply u payment to which debt he cboo
ses, II not directed by the debtor. To this need
only remark, that he lawyer, and knew the
law and ought to have inferred that the USAGE wa
conformabe to it. 1t would be wholly superAous
In me TO go into an investigation of the Justice and
policy OF the law, but any one who will take that
trouble, will be satisfied that it cannot be altered
to advantage.
Mi b y makes it subject of CHARGE n
gali'st m", thar gave up the old B8ni altnonpy
lie Knew That did not give 1t up rrcoIe.t
W. II that Mr.. MORRISON one of thu. e,r fms
"h"n urged as t. The payment of the d..icienc,
OF Mr.. Fowler, said That ii must be done. am,
proposed that new bond should DE taken. and
thai apa't OF the old debt should be paid bv /,
spccihc time; and that when an amour: shuulI
be pad ny specific time; and that when an
'nou! should be pad equal nn the whule 10 the
u'o' Nis'lhs at The Time, that the old bono
should BIZ given up. All thi- was accomul.sh-
ei. But Mr. Barry knew very well that d d
''ot do /; in fac, THAI was opposed TO auy d
Viatlon from prarIice or rule, which, is ALWAYS
dlsadv intag o.'s ard because there w"re pumd
tens"hs t"r ihe rule, although Mr. Barry does
20 s''"in l" have ihnugn' # them.
do nat know Ihii have su, cee dcd IN ma;
king my ideas plain The subject. There wa,
plain bond for ten thousand dollars, Ike whn e
d. oi due; Il was joInr and several NJ Barry
me postmaster general surety The Duud
was put III su 1: Mr.. BIB WIN was The u: 5
Attorney, ali"w 1t TO b., determined against
sks Umt"d States on al erruneJns mi ,c,,
OF law. Mr. Ii bo resigned: thete was ma liz
'fIct Attorney. At tu'ur- Cur. gentleman
OF the bar vnun erred III bemaf of the Uauen
States, and got The Judgement Set aside, bur, as
c"h) 'c'uieh, m"t having III documents, cou.
=" CA lar her. The was He'd and n on.
'ppenrrd IN behalf of the u lit d 5 ate., It was
c'i d out OF Court tha' The Postmaster Gene
raj m ght begin anew, de novo, us the Clerk ex-
pressed u
Med ask any one whether the Pustmast
General has shown ans ,:ng winch gives the
c""r OF contradiction IL he p-oor advanceds Is
Mt The debt 1t city cl.ar? Tive situation of
surety is generally Il hard one, IT lie has had TO
cons dtT"tiom other than friendship; but CIV ~
days exp rIence shows that tn. harush d of lin,
CHS" does moi sa Isfy thu boud. He WIN m IKE
pr III lie f"r another. under nand and sen must
comply Bur unfortunately for Mr.. B,rry il he
Is [" ne eyed. ana every mans drclnra TONS
are g'"d asnnSt himself, there Is moi even
ia dshIp Tor considerable pnr III f tn. deb
lie stated I" gentleman now III WushIrpt H.
tai ''the Postmaster Gensr,l som i'm MIR
Barry and other surr'ies,, Il bank apuon n-r .
10 select successor 10 Mr.. Fowler: and t..
person W" selected agree To give. fur thrisnr.
dollars, To or pa d n an payments Of SIuOO
ach; and Tia the .four thousand dollars hnf
b e" received &c. The gentleman .h,nA
INTO question, m,de memorandum f The wutds
mint dlatey aft"r. and told me also OF the O -
Vr!SatI~n. Now, Justice would require tn pay
n"nt Il the four THOUSAND dollar even there
naI been flaw IN the S5Hd-but not C NJ II :.
oern paved Mr.. Bury, instead of payiua
the 5000 do lars justly due by hun, with I'M en-
st has actually received 1000 dn,:ars; and, H.
I'ead or losing, hiss been a gamer IN this Iarg
sum. The payment IF the debt cannot be C =
forced by sur, while Mr. Barry is Po-tmas r
General; ioT, by law Il. Postmaster Gencra
alone can bring SUITS fr s1ch debt
ABRAHAM BRADLEY,
Chevy Chase, July 6th, 1881.