The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1839-06-08
THE CASE OF MR. GouvERNEuR.

THE CASE OF Mr. G0UvERNEUR
The following letter. which we copy from the New
Yo papers. places the character aud conduct Of Mr.
Gouverneur ia light lhs mos, honorable 10 him, aud
eononndiug 10 his shameless lbeers
To nc President e( The Uaiied SAFES.
SiR respectfully request the personal favor Of YOU
perse the following extract Of letter, dated ION
Of April, 1886. addressed TO Amos Kendall, Esq Post
master General Of the United States:
From my letter TO you hearing date The l2'h Inst:
beg leave 10 make the following extracts, to which
particularly refer f any difficulties. arrangement,
delay, have occurred in the perfect understanding
and prompt adjustment OF any account ~ when ihe
Department is interested the true cause ID 10 he oond
IN the Inability OF It's own agents. from Whatever source
it may arise state With accuracy Their own accounts
For myself snpy add that il Is only necessary Tor
them TO show the existence Of error IN any account
OF mine and, . far a. II may drpead upon me,
shall he promptly corrected. Distinctly clsinng Jast
privilege 10 scan w,,h freedom and fully 10 inquire into,
any charge which may conceive ought not to be made
10 INV prsildce am only aware OF The obligation
Of meeting every fair claim. which may he urged against
me- in the usual way. and the evidence on which u 10
founded being produced but prepared promptly TO DIS
charge IT,"
Renewing 10 you the expression Of these senti-
men,s which appear to TO concede every thing
which can fairly DO required OF me, have no hesitation
TO add the Of my sincere wish TO meet you
on terms Of candor and mutual reciprocity IN such an
| adjustment il any mode which you may think proper
10 adopt and which may encourage hope that where
every claim Of justice all questions may DO enforced
10 any extent all payments made IN good faith. and
under the sanction Of competent authority at the ne,
~i be promptly allowed. To this end, sir, respect
| fully propose 10 you,
J. That will 90 into the settlement Of the accounts
on an unreseyed exhibition OF every material necessary
10 their ln illustration. The principles OF adjustment
be applicable to both parties, and first distinctly esa
| blished."
. will consent 10 the immediate entry OF rule in the
L rd If any ut
| Columbia under which prompt settlement, and wh-
/ out the least delay. can be enforced
viii become parry TO amieable suit. pledging
myself 10 make every proper concession, 70 Pese vac
| waste Of time or delay immediate decision
will refer the account the decision Of commit
tee Of either House OF Congress- end wait the passage
Of bill rendering me any credits 70 which may appear
/ TO lie entitled"
any three fair and impartial men, all TO be selected
YOURSELF and by whose decision in the premises will
| abide.
Such sir. were my sentiments and declarations then,
have they any since undergone particle
Of change. II impcriousy due 10 myself, my IA
mly, aud other great interests which could not auan
don, that should nanluy resist the preten-
sons Of the Post Office Department. il WAS equally
due to every consideration involved all that il was
indebted single dollar TO that Department. should be
| promptly paid. .M#
Impressed with these views and deeply anxious that
my position should be properly defined that il might
be seen was an honest conviction Of right aud not 10
evade the payment Of any Just and proper demand upon
| mel again addressed letter Amos Kendall, Post
master General Of the United States, under date the
10Th Of December 1898; prt of which respectfully
| desire to present TO your view
| After complaining that the prosecution Of the pend
ing suit had been postponed, say: - am perfectly
willing and ready TO hle bond and security Tor any
amount which can by possibility appear due to the
United States from me, if you will simply pledge the
faith Of the Department promptly to pay any balance
| which may be certified as due to me-"
The Postmaster General did not consider he had the
| legal authority to accept the proposition
/ But, sir, strong considerations at all times urged
upon me the conviction that il was in court Of JUS
tce alone he conflicting int rests and claims between
| the Department and myself could be satisfactorily
adjusted and valid and permanent settlement fl
naily effected. independently of all my official OBJ
/ legations had. at The earnest solicitation OF the
then Postmaster General, rendered, as conceived,
and as both the then President and he, al Mdt tune,
| freely admitted, important and effective services 10
| sustain the Depa tment from wreck, and the then
Administration from the inevitable consequences
IesulaS tfpq aRfh and some q c6nen-
| tial character, had involved me in large and com
| picated transactions of many Of which the de-. ills
furnished 10 Mr.. Barry at the time ceased 10 exist,
ana Of one OF which, in particular, was under So
Tenn obligation Of honor to the President, Mr.. Bar
| nv, and Mr. Hamilton not 10 indulge. The teSlino-
| ny OF Mr. Hamilton IN The late investigation is
pointed 10 this matter twas my inability furnish
details to Mr.. Kendall which he imperioisly de-
manded, which has led TO all the conflict which has
enSued and subjected me 10 all The doubt, d ticul-
lies aud sacrifices, to which have 10 protracted
litigation been subjected for the last three years
To the question from the District Attorney TO Mr..
| Hamilton whether could not with proprieiy have
| done what Mr.. Kendall required of me- he empha-
c4lly replied" That could not, without viola
| ton Of honor and confidence towards Gen Jackson
Mr.. Barry and himself" The District Attorney
took proper occasion to vndicate from the charge
of Intentional wrong, and to express his of the
| services which had rendered to an administration
of which he was member. The presiding Judge
took occasion to revert 10 "the high character given
10 the defendant by Mr.. Barry in his letter to Pre>i
dent Jackson. He was tree 10 say that no imputa-
ton ui fraud rested on the dejcndant although won
deriul laxily seemed to have pervaded the Depart
meM during The whole OF these transactions. Ii is
said TO be question OF account, and such was pro-
perly submitted TO a jury Of merchants If they
found balance due to the defendant, they should
certify in his favor, for il would then be his right;
and II not, they should find for the plaintiffs and say
for how much"
The accounts between the Department and myself,
OF an official and unofficial character and the sub.
jrct OF the late prosecution, Involved an amount of
about one million and halt of dollars. After a
patient and Luxurious investigation and the applica-
ton Of such legal principles as the presiding Judge
thought proper To PROFOUND from the bench, TO
ume Of testimony of 200 pages the jury, after pro-
tracted session OF thirty hours have found an ALSO
Lutte verdict in favor Of the United States OF about
$40 900 The original demand of the Department
amounted 10 about $4,000, and was gradually re.
duced TO the sum Of 800 $50 %, which The District
Attorney in this suit claimed at the hands Of the
jury.
Whatever may be my opinion or that of others, in
re pect TO this verdict that OF The legal principles
on which it was founded it has been pronounced by
an honest jury Of my country; and am bound as
good citizen, to submit to it, subject only to such re-
lief as may justly claim from the laws OF the land
But, sir, there is something due TO the public, and
that public you represent II is the eevaleI position
you occupy, which induces me TO ask the personal
favor of you 10 permit me, through YOU to address
myself to them.
Had the verdict Of the jury swept every dollar
from my family and myself my honor would have