Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1835-12-24


ment of (which these powers were given,
unless the grant of the power to estab-
lish Post Offices, can be considered as
designed to furnish easy means for the
general dissemination of sedi,ious and
lncendiary publications, well calcula-
ted TO disturb the peace and union of
the states, the employment of an gen
cy, for snch a purpose, must be admit
ted to be gross p~erversion Of its intent.
Therefore the States whose tranquil.
ty rs put in jeopardy by such a prac.
tice, have a clear right to demand of
their government, that it shall adopt
the most speedy and effectual means
to prevent and punish it, and SO aid in
the preservation oftheir peace and well
fare.
There is no reason to doubt, that
the officers of the Government of the
United States view this subject in the
same light in whichit is here presented.
But being mere Executive officers,
bound TO execute existing laws, each
at his own peril, legislative enactments
are required to protect these officers,
and TO the laws of the land TO
conform more exactly to the spirit and
objects Of the Constitution. An inti-
nation ofa wish on your part, that our
Senators and Representatives in Con-
gross would call the attention of that
body to this subject, and would pro
pose some plan by which the evil com.
planned ofmay be effectuaily remedied,
will probably accomplish every thing
we ought to desire, in this respect. But
to give o certain effect to the ex.
preston of such a wish, | would rec.
ommend that communications be pen.
ed speedily with all the slaye-holding
States, to invite their cooperation in
any plan that you may think most wise,
to be adopted, not only in regard to the
action ofthe Federal Government, but
to the suggested application to our co.
States. The subject is ore of equalin.
terest to them all, and all should be
consulted and cooperate in every moa-
sure in reference to it, which it may
become either necessary or useful to
adopt.
Respecting the threatened applica.
ton to Congress to interfere in any
way with u rights of property-as ii
may be unnecessary for you to pro-
vide, at this time, for any such posi-.
Bile contingency--I will only say, that
while that body is necessarily, the
Judge OF its own constitutional powers,
in the first instance, the States are
made, by the like necessity, the final
afbiters, ofall questions touching their
reserved rights. 1t is much to be de.
sired, that the forbearance ofeithcr par.
ty may ever incline each, to avoid any
near approach to what may be regar-
ded by the other as a limit not clearly
defined. Nothing short Of tho most
obvious necessity can ever excuse such
a curse. But, lift is pursued in mere
wantonness, without any pretext Of me-
cessity for resorting to it, as in the case
supposed, it will become your duty, as
the faithful guardians of the rights OF
the State, to adopt at once the most eff.
f%ectual means to provide for the oc-
%currence. To enable you to do so
seasonably, ! shall endeavor to obtain
the earliest information in regard to
this subject, and will promptly commu
nicate to you hereafter anything | may
learn, that may seem to me to require
any action on your part.
An incident has occurred of late, in
the administration Of Justice and in the
due execution Of the laws of this com.
monwealth, to which, as it may become
a matter of much Importance hereaf,
ter, | think IT necessary to call your
attention, at this time. A few weeks
stree, received report fromthe Sher.
if of the county Of Norfolk, informing
me, that he had been forciblv prevent
ed from performing his duty, by one oil
the Naval Commanders Of the u. S.
Upon the receipt Of this information, !
forthwith transmitted a copy Of the
letter of the Sheriff to the President o.
the United States. The only reply to
this letter ! have yet received, is con.
tanned in one from the Secretary ofthc
Navy of the United States. | SEND
herewith copiesofthe letter of.he She.
riff of Norfolk to me, of my letter tc
the President, and that ofthe Secreta.
ry ofthe Navy to me. These docu.
ments will enable you to see the merit,
of the whole case, so far as the rights
and character OF this Commonwealth
are involved in it.
In making the communication | did
to the President of the United States, ]
had no other purpose, than to bring
to his knowledge, distinctly and in the
most authentic form, what was repre-.
scented to me by one of the sworn off.
GERS of this government. thought