Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1831-07-21
TO THE PUBLIC.
LETTER III.

Up OVER PAYMENTS, or paying money IN ddudnce. |
The second charge against Mr.. Barry presented
to the President in my letter, was for paying money
in advance, contrary to express law; stating that
law declares that the President shall remove in
such case, tho offender from office.
The specification stated of those ndis-
putablc cases. which every understand,
and supported by other evidences well as my
own. Indeed, the payment and receipt itself aifor-
ded most of the evidence required But have
never heard that the fact was controversial nor
was required to prove il, until sw orn to the
truth of the facts before the Committee of Investi-
CATION.
Now. instead ofexcuslng or palliating tho charge
| against him, he comes forward and attempts to
| recriminatc. If had been guilty of making pay
ments in advance, would that excuse him7 Surely
each one is answerablc for his own offences.
Would it affect my credibility2 Certainly not in
law If it would, there five other witnesses
whoNnow the fact, and the receipt itself was then
in existence. ,oilfui breach by public officer
OF positive law, Is certainly gross Offences and
I'm this case, besides subjccting him to removal,
greatly diminishcs his standing and character. If
Sals BIO offences arising from error and mistake it
| Is but the lot of humanity: if thoy arc not moro
numerous than fall to the ordinary lot, the public
will overlook them: if they exceed that ordinary
share, the person will DO looked upon a blunder-
er, and unfit for his station.
But it was of wilful, obstinate, intentional, vo-
lation of the law, repeated advisement of the
circumstances attending the transaction and of the
law and its penalty, of which MIR. Barry was accu-
sed 1t only remains to consider the charge against
myself it is in these words: eve give exhibit
from the bureau of Bradley, showing that he made
oucr payments, to the amount, different times, of
twenty thousand and ninety seven dollars, and
sevcnty-fivc cents" The sum, show it's enormi-
ty, is placed in capital letters; and certainly if it
was any thing like the truth, the person making
. such amount OF overpayments is utterly unwor-
thy the public confidence, and of public private
employment: for it would be gross neglect at the
least of sautary law, which he was bound TO L
ccute and observe. If it shall appear TO be false
statement, made out by the Postmaster General of
the United States, TO inure the character of pri-
waite citizen; if it shall appear that individual
whom you, the public, have clothed with greater
power and authority than any other under the Re-
public, one, has perverted that power, and
that official station to the basest of purposes, will
not, need not, forestall your voice.
To any man accustomed to book keeping, or to
accounts, it is we'll known, that if set of books
was balanced on the LIST of July, 1926, and there
was n balance of one thousand dollars against him,
and that balance continued unpaid for four years,
and the books were balanced quarterly, that single
balance would be repeated sixteen times, and,
cording to Mr.. Barry's mode of computation, it
would amount to 10000 dollars and would be equal
to sixteen advances. In mercantile phrase, II
would he false charge of sixteen hundred per
cent. That is the very course pursued in the certi-
fcate upon which this charge against me is based.
But aver there such thing in the books
of the General Post Office, account called
Ouer payments, any item of that kind within
the period mentioned. The account should have
been headed "a list of amounts of balances against
stated and stricken the books; then, if it was
accurate MIR. Dement, might have certified that they
were correctly stated from the books of the Gene
raj Post office. And, if he had gone into the ex-
| animation, he might have added-"ARd further
certify, that hare examined the uarious items of
ohtch those amounts consist and find that the sepa-
rate items amount to S2l 097 %; that no former
balance pas carried into subsequent balance, and
that each item, at the time Of its payment
drG~nj that is, oas payment in Advance for serui-
ces not then performed" This is what Mr.. Barry
averred to be the force and bearing of the GER
tihcate, and what the unknown and veracous Mr..
Barry pledges his honor and veracity to be true.
All the evidence, nearly SO, in this case is in
possession of Mr. Barry, and the witnesses under
his controul. But if the public will indulge in
descending into minutiin, which would other
wise be unnecessary, and in going little
, circuitously, l think l demonstrate that
this, too, is an atrocious Justification, and
as gross fraud that which detected
by subcommittee of the Senate last winter.
aver, my recollection, that the list of sums
and amounts is not list of amounts, ouerdra,es,
but list of balances, continued from quarter to
quarter some of them probably for two, three, or
four years.
In order to prove that this account was merely a
list of balances and not OF amounts overdrawn,
MIR. Andrew Coyle, late Chief Clerk in the Gene
raj Post Othce, and Mr. George Sweeny, late Chief
Clerk in the City Post Office, two gentlemen well
known to the public and distinguished for intelli
gence and integrity, waited upon Mr.. Gardner the
Senior Assistant Postmaster General, to know that
idCt' ne ucClineu 10 give q written answer; but
told them, sit list Of balances and not ouer-
dratos." He also stated, that the certificate was
made out under his direction, by order of the Post
master General. The certificate of these facts is
hereunto annexed.
The gentlemen proceeded from the room of the
Assistant Postmaster General TO that of Mr. Barry
Postmaster General, who declined giving any an
swcr that subject, unless the request was put in
writing, although Mr.. Coyle read to him a note adj
dressed to him by myself, requesting him to 20 to
the Office and obtain the information. The gentle
men then addressed to him note and he by note
refused to answer the question, the ground that
1t was not put to him in writing by myself Having
got complete and correct answer from the prin-
cipal agent and officer, it was all the evidence
which was required, which could be expected,
rs 10 the alsity of the certificate in that particular
That balance and payment i'll advance for
services, or orerdratc, very different things /
need not prove, for every knows that pay
ment may be made and charged, and to no greater
| or less extent than due, and that the credit
may be properly and for various causes omitted or
1t may be so accidentally. Whether a balance a.
gainst person might be, might not be, an over
draw at the General Post Office, could not be as
certained without attending to at least four parti
culaTs, and against the Assistant Postmaster Gene
raj to a fifth. This will be evident from u consi-
deration ofthe following particulars
list. The duties of the General Post Office are in
creasing every year, in conformity to the increase
81 the population and growth Of the country; and
the services of additional clerks in part or the
whole OF almost every year are required. Now it
always was the case, In paying for this additional
service, to open an account with tho clerk, and
charge him with the payment. But it was also the
to- rol.g 81 ,.I.-1 1 IL