Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1835-09-10

Ut IEEtIlSCttCc VI tOCt oENUtSg law
fully subject them 10 the punishment due
10 felons Of the deepest dye? Are the Of
Gccrs Of the United States compelled b.
the constitution and laws, TO become the
instruments and accemplices Of those who
design 10 battle and make nugatory the
constitutional laws Of the states Ito fiji
them with sedilion, murder g. insurrcction
10 overthrow those institutions which
are recognized and guaranteed by the con
stiintion itself9
And is il entirely certain. that any exist
ing law Of the United States. would pro
tect mail carriers and posimas!ers against
knowingly carry, distribute or hand out
any oftbose forbidden papers? liza State,
by constitutional law, declare any speci
fic act 10 be crime, how are the officers
Of the United States. who nay be found
guilty o! that act 10 escape the penalties
Of the State Law ? II might be in vain for
them to plead that the Post Office law
made it their duty 10 deliver all papers
which came by mail. 10 reply 10 this ar
gumcp, it might be aiiedged That the Post
OiIice law imposes penalties on Postmas-
iers for " improperly" OBTAINING papers
which came BY mail. and that the deten
ton ofthc papers 10 question is not impro-
per, because their circulation is prohibited
by valid State laws. Ascending to high.
er principle, il might be plansiby alledged
that no law Of the United States can pro
tect from punishment any man. whether
a public officer or citizen. in the commits.
sion Of an act which the State, acting
within the unbounAed sphere of her re
served rights, has declared to be a crime
Can the United States furnish agents for
conspirators against the States and clothe
them with IMMUNITY May individuals or
combinations deliberately project the sub
version Of State laws and institutions, and
lighting their firebraads beyond The juris
diction Of those States, make the officers
OF the United States their Irresponsible
agents to apply the flames? Was il 20
give lmpunIty TO crime, that tie several
states came into the Union, and conferred
upon the general government the power
Ito establish post offices and post roads,"
La these considerations there is reason
TO doubt. whether the abolltionisis have a
right TO make use of the mails Of the Uni
ted States to convey their publications in.
10 states where their circulation is forbid
den by law and il is 10y no means certain
that the mail carriers and postmasters are
secure from the penalties Of that law, il
they knowingly carry, distribute, or hand
them out. Every citizen may use she
mail for any lawful purpose The aboli
tlonists may have a legal right TO its use
Tor distributing their papers IN New York
where 1t is lawful to distribute them; but
1t does not follow that they have a legal
right to that privilege for such purpose
IN Louisiana or Georges, where il is un
lawful As well may the counterleiier and
the robber demand the use Of the mails for
consumating their crimes, and complain Of
a violation OF their rights when il is denied
Upon these grounds postmaster may
well hesitate to be the agent of the ahol
tlonis's in sending their circulation is pro
hlolled 10y law, and much more may post
masters residing IN those States refuse 10
distribute them. Whether the arguments
here suggested be sound or not, of one
thing there can bc no doubt il ever
shall be settled by the authority OF Con
gress, that tho post office establishment
may be legally, and must lie actually en-
ployed as an irresponsible agent to enable
misguided fanatics or reckless lncendiaries
TO str up with ippunity instruction and
servile war IN the Southern States, those
states will, of necessity, consider the gen
erai government as an accomplish in the
crime they will look upon il as identified
~ cruel and unconstitutional attack on
Their unqnesionable rights and dearest ia
terest', aud they must necessarily treat il
as cemmon cnemy IN their means Of de-
ience Ought the postmaster or the de
parimeni. 10y thrusting these papers unon
the Southern States now, in defance of
their laws, TO hasten a state OF things so
deplorable?
do not desire to be understood as aG
lirming that the saggestion here thrown
out, ought, without the action Of higher
authority, to be considered as the settled
construction CT the law, or regarded bv
postmasters as the rule of their future ac
lion 1t Is only intended TO say, that in a
sudden emergency, involving principles so
grave anu consequences so serious, the
safest course for postmastors aud the best
Tor the countfy, Is that which YOU have
adopted.
Il prevents the certain seizure of all the
mails 10 the ag Efavated States, with view
10 The lntercep'ion aud destruction Of the
hoA'ous papers; the interruption of com.
mercial and friendly correspondence-the
loss oil confidence in the safety of the mail
conveyances-and the probable overthrow
OF the authority Of the United States, as
lar as regards the post Office establishment.
throughout half the territory of the Union.
II prevents speedy Interruption of
commerce and The trade between the ri.
ties OF the north and the south for there
arc abundant evidences, that the vessels
or steamboats, which should be known to
come irelghted with these papers, whether
10 zee mail or out, would not long he suf
iered to t!oat IN safety in the Southern ports.
IL allays in some degree the excited
feeling OF the white man aoai,et H. ~ a.