against Schaffner returned, not found. In this con- dition the case remained until the organization of this office. The district attorney having reported that he had no papers in the case, a new statement was sent him. In the latter part of 1837, and early part of 1838, this office, pursuing its inquiries, as- certained that the debt had been paid by the surety, Schaffner, as far back as February 13, 1828, to John Kelker, deputy of John Conard, marshal. Kelker being the only resort, after some correspond- ence with him, suit was directed against him, and judgment was obtained, February 21, 1840, for $316 74. Execution issued on this judgment, and was returned, June 15, 1841, nulla bona. An alias issued in 1843, with the same result; and Kelker being understood to be entirely insolvent, the debt is considered hopeless.
The usual efforts were made in the first instance to $195 15 collect. Upon their failure, July 31, 1829, suit was directed. Judgment was obtained, August 25, 1829, but no declaration had been filed, and the damages were not ascertained. In order to revive and perfect the case, a new account was sent to H. D. Gilpin, district attorney, September 12, 1836. On the 12th December, 1837, a history of this and other cases was sent to his successor, John M. Read. Mr. Read procured an order for the clerk to assess the damages, and he fixed them at $230 47, as of said date of judgment. Upon issuing a scire facias to revive the judgment, it was shown that Cornwall was very ill, and also insolvent. But upon his death, some time afterwards, it was ascertained that he left sufficient property to pay. Upon the appoint- ment of Mr. Meredith, a correspondence took place, the object of the department being to secure the debt, upon the administrators being allowed time; but it appears to have failed, and Mr. Meredith put the case in the hands of an attorney at Doylestown, to proceed against him. Upon his resignation, the case was brought to the notice, July 6, 1842, of his successor, H. M. Watts. No information has since been received, but I can see no reason why the debt should not be collected.
The usual efforts to collect; the account was sent to Howard Kennedy, postmaster, Hagerstown, to sue him in the State court. He obtained judgment; but upon being called on, November 8, 1837, reported that Bowers was insolvent, and wholly unable to pay.
Collected between 30th
June, 1841, and 30th June, 1842.
Collected between 30th June, 1842, and 30th June, 1843.
Collected between 30th June, 1843, and 30th
June, 1844.
Proceedings-condition of debt.
Upon the removal of Mr. Bache, the account was sent to Mr. Ingersoll, district attorney, for suit, to wit, November 13, 1828, together with three bonds mentioned. It appeared that the sureties on the first bond had obtained from Mr. Postmaster General Meigs a written release, upon Mr. Bache executing a mortgage on a house and lot in Chesnut street, to secure the payment of $6,000. A question imme- diately arose, as to the sufficiency of this release; and Mr. Postmaster General McLean, being unwilling to decide, left it to Mr. Ingersoll. No suit was brought on that bond. In a separate action upon the ac- count, judgment was obtained against the principal, February 20, 1829, for $22,235 50. Upon the second bond, a trial was had against Norvell, No> vember, 1829. It appeared that this bond, having been executed and transmitted to the department, had been sent back to Mr. Bache for additional se- curity. It remained with him until his removal, and, having been found by his successor in his office, was by him sent to the department. The main question on the trial turned upon the point whether the de- partment had not, instead of accepting the bond, ac tually rejected it. The court left it to the jury as a question of fact, but gave its own opinion that the bond had been sent back for a specific purpose-an additional name. The verdict was for the defendant. A motion was made for a new trial, but the district attorney expressed his conviction that no other result was to be expected, and that, both the sureties being wholly insolvent, no practical benefit could arise from further efforts. On the 1st August, 1835, Mr. Gilpin, then district attorney, reported that on the third bond he had obtained judgments against John Conard for $29,017 32, and against Esther Bache and Phillips, executors of Louis Bache, for $22,235 50. He stated that Conard had left the State under peculiar circumstances, and there were no assets in the hands of the executors of Louis Bache. He doubted if any thing could ever be re- alized from this large debt. In vol. 2, Senate docu- ments, 2d session 21st Congress, report 73, page 69, will be found a letter from Mr. McLean, after he left the department, to Mr. Clayton, chairman of the Committee on the Post Office and Post Roads, on the subject of this debt. After the organization of this office, to wit, on the 12th December, 1837, a history of the case was given to Mr. Read, district attorney, and he was requested to inquire particu- larly into the circumstances of Conard and the estate of Louis Bache, with a view, if possible, of making the debt, in whole or in part. Mr. Read
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