Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1834-01-27
Note If matters sbewn By the case Of Il. b. Ran
IOLDh

Note IF matters sbeun By the case Of r. b. Kan
dolph.
T;mberake. the duly appointed purser OF the
6jaate Constitution at the time OF his death, ISL
April. 1923, was with his ship at Fort Manon-
Until the Constitution, about 10 emu nei VI uo,
srrived in the United States, MIR. Randolph, the
first Lieutenant, was ordered ny HIS ooii'i
er to act as temporary purser. 1000
An act ofConeress of 18th May 1873, makes
If the d,stu of the officer of the Treasury "heh
a disbursing officer is found delinquent, 10 cause
to be stated and certified, the account OF tlie nc
linouers officer to the agent OF the treasury,
who is authorised and required to issue war
rant of distress against the estate ana person VI
the delinquent officer, and the estates OF MS SUI
retes. o.,
In the fall ofthe said year, 1923, after the Con-
stitution returned to the United States, the pro
per officers of the Treasury stated purser LII
berlake's account, on which. balance was
found against him Ca continuing and eXlstlng
deIinouency) of something more than S7,OOO.--
I,ient Randophs account for the time he acted
as nurser was also stated by the same offlcers OF
the Treasury. and by them and him settled and
finally closed on the books of the treasury lea-
wing no balance due from him to the United
States or from the United States to him. In this
plight stood these accounts on the books or re-
cords of the Treasury, showing Undertake de-
linuuent as stated, and Randolph in no wise
DELINQUENT, as late as the close of the year 1882
| The balances against Timberlake, as ascer-
tanned default delinquency and debt OF record,
was clearly within the letter, spirit and meaning
| of the act of Congress; and not only Jusuheo,
if any thing could, but so far as the force OF the
act was regarded, required the emanation forth
with of the prescribed warrant OF distress. II
could not go. indeed, against Timberlake, ne
being dead but it could against Major Eaton,
one of Undertakes suretes, the husband OF his
Yer-,aud still in full life.
scrupulously conscIlant, correct jealous ana
sury to whom the duty appeft9Gflrs OF the rea-
lifying the act of Congress, this being COMFY
| tent to them, though not to a sovereign State,
and setting at nought the lawful evidence ex-
listing in the Treasury department., and forced
upon their notice, or "palsied by the will OF
their constituent" benumbed in all their active
faculties by, allow five years to pass over
| their heads without an attempt to perform their
express duty; and for all this time forbear to
| ISSUE as required by the law warrant of dis
tress against Eaton, the surety of an ascertain
| ed recorded defauter. Why or wherefore2
| TO compensate for this seeming neglect, or to
show, if possible, more strongly their utter con-
tempt of all right and law and justice, regulari-
| ty and order, these officers proceed in case
where no established default existed. Randolph
was certainly no defaulter in any sense within
the letter or meaning Of the act of Congress-
No claim existed against him on the books of the
! Treasury. On his account, as stated by the pro-
per officers Of the department, according to law,
no balance remained due. Yet they issue war
rant of distress against Randolph, and immune
him in jail. They do more: In the Spring Of
| 1888, and to furnish some colourabe preteXt for
| their proceeding, they fabrcate exparte, and in
| the absence of Randolph, an exparte mutiated
! and partial account of some Of his transactions
| in 1928, leaving balance against Randolph
| sheWn by the account itself to be untruly made
out, Of about 5000. Was this the result of
personal malignity, and to aggravate the injuri-
Gus effect Of Randolph's persecution? or did it
proceed from kindness for Eaton, and to screen
him, the surety of Timberlake, and who during
Undertakes absence, was to all intents and
purposes his Attorney in fact and representative
and the recipient of all his remittances from the
Mediterranean when he, Eaton, should be brought
to account for Undertakes delinquency?
How did the thought arise? Was this fabr-
Gated account or something apparent on its
face, present to the mind of the Chief Justice,
when in delivering his late opinion,.he observed
that "the stating of false account was an afro
city of which Congress could not suspect an Off
Ger of the Treasury to be guilty"
Fourth Auditor Amos Kendall, who as en-
phatically identified with the government, glo-
res in rising superior to the laws, and Mr.. So
licitor Maxcey of the Treasury, appear to be the
principal actors in the late outra geous persecu-
ton of the i'll used Randolph, who for the twen-
ty odd years that he has served his country in |
the navy, has ever derleaned himself as became
gentleman and brave and gallant officers
His prosecutors have laboured for such fame as
they merit. May they be as long and extern
sively famous as this note and your fugitive
sheet can render them VNDEx.
Judging by themselves, they could make no
allowance for a high minded officer, honoura-
bic himself, and therefore unsuspicious, unac-
quainted with a purser's business its details and
accounts and SO in the power of clerks and SUI
bordinates. Had they done SO, if any wrong
was done, any mistake committed, they might
trace it to its true source, and find that Mr.
Randolph, did not participate in it.