And again, in October, Mr. Bradley writes the following:

GENERAL POST OFFICE, October 8, 1820.

SIR: I find, by our bank books, that only $500 was paid by you the last quarter on account of this office. You will excuse me stating, that it was understood the balance was not to accumulate, and that the demands on this office are such that they cannot be met without punctual payment.

SOLOMON SOUTHWICK, Esq.

I am, Sir,

Your obedient servant,

AB'M BRADLEY, Jr.

The petitioners complain, that Southwick was not removed until the Winter or Spring of 1822, at which time the balance against him was $6,853 88, as appears by the above-named account, B, (in the pri ted case.)

They ask that a law may be passed, discharging them from their liability as sureties of Solomon Southwick, who is and was insolvent before his removal from office; or to authorize the proper officers to settle with them on the principles of equity and justice.

The committee have carefully examined the accounts of Solomon Southwick, and the charges made by the petitioners. In an account exhibited, and herein inserted, the various items claimed as a set-off, amounting to $6,577 50, the first item for receiving and despatching foreign mails $550, and the third item for keeping mail register five years and six months, at 10 cents, making $30 80, were admitted by the Attorney of the United States, but was not allowed by the judge to be deducted from penalty of the bond, $6,000, being less than the damages sustained. It will be seen, by reference to a communication from the Postmaster General, and hereunto annexed, that the petitioners were not entitled to a credit for those two items, or either of the others exhibited. Your committee are unable to perceive, that the Department have, in any instance in this transaction, acted illegally or improperly, or that any negligence has been manifested in their attention to the settlement of the accounts of Mr. Southwick; on the contrary, a proper vigilence seemed to be observed throughout; and it does appear, that Solomon Southwick has received every thing that was due him on account of his expenses and compensation; and that, in 1822, the time of his removal from office, the balance against him, and due the Department, being $6,853 88, the only alternative then left the Postmaster General, Southwick being insolvent, was a suit for the penalty of the bond, to secure the Department.

Resolved, Therefore, that the prayer of the petitioners is unreasonable, and ought not to be granted.

1st Session.

ANDREW H. RICHARDSON.

MAY 3, 1830.

Mr. WHITTLESEY, from the Committee of Claims, made the following

REPORT:

The Committee of Claims, to which was referred the petition of Andrew H. Richardson, executor of Valentine Richardson, report:

That Valentine Richardson was Collector of the internal revenues in North Carolina; that he died in 1822; that the petitioner was appointed his executor; and that he ascertained, on the 31st of March, 1824, there was due to the United States from the said Valentine the sum of $861 13, which he was directed by the Fifth Auditor to deposite in bank, to the credit of the Treasurer of the United States, after deducting 6 per cent. for commissions. It appears that the deposite was not made, and that a suit was commenced against the sureties in May, 1826. The writ was placed in the hands of the deputy marshal; and it appears that, while so in his hands, and before a return of it, if not before the service, the petitioner paid to said deputy marshal (after deducting $51 66, for commission) $809 47, the amount due the United States after deducting the commission, and the further sums of $12 18 for interest, and $12 50 for marshal's cost and travel; amounting in all to $834 15, for which said deputy gave a receipt, dated the 4th of May, 1826. The committee are at a loss to determine from the petition and evidence, whether the writ mentioned was returned, and farther proceedings were had on it, or whether a new suit was commenced for the purpose of recovering the amount of the commissions retained, under the act of Congress of March 3, 1797, which forfeits the commissions to the United States after the commencement of a suit; but, in either event, a judgment was recovered against the sureties in the sum of $48,000, the penalty of the bond, to be discharged on the payment of $861 13. The difference between $873 63, being the balance of interest, and $821 65, and the interest and cost, was paid by John Sneed, one of the sureties. Mr. Sneed afterwards commenced a suit against the petitioner, as executor of Valentine Richardson, for the money thus advanced by him, and, at May term, 1829, recovered a judgment for $88 35. The petitioner asks to be refunded the amount of the commission thus paid over. committee think the executor is placed in a different situation from that which his testator would have occupied if he had survived, so far as the forfeiture of the commission is concerned, arising from the necessary delay of administering on an estate; but, if they are mistaken in this, the fact that the amount due to the United States was paid, if not before the service of

The

the writ, it was at the same time; and it is evident from the calculations made of interest and costs, that it was then the understanding that the debt was paid, and the business finally closed, which would, as respects a penalty, in the opinion of the committee, lay the foundation for an equitable relief. Entertaining this opinion, the committee will report a bill for the re-payment of $ 51 66, with interest, as interest has been paid on thứ

sum.

1st Session.

JOHN BOONE.

MAY 3, 1830.

Mr. CHILTON, from the Committee on Military Pensions, made the fol

lowing REPORT:

In the case of John Boone, it clearly appears that he served to the close of the war, under an enlistment for that purpose; and that the only ground on which his claim as Lieutenant was not allowed by the Department under the law of 1828, was a mere mistake in making out his statement. The statement is corrected, and supported by sufficient proof; but he alleges that the Department awaits the instruction of Congress. The committee therefore report a bill in his favor.