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

Il
morning. II deserves 10 be read with at
tontian. The circumstances under which
il was written are peculiar and trying and
taking them into confederation, the oplni-
ons expressed by Mr. Kendall are entitled
20 favorable aud liberal construction.
Post Office Departmental
August gid. 1855.
To SAmgEr. l., CogERSEuR, Esq,
Postmaster AZ New York
Sir.-Your letter Of tlie lib Insi., put
porting 10 accompany letter from the
American Anti Slavery Society, and re
solution adopted by them. came daly TO
hand bnt without the documents alluded
to. Seeing them published in the news.
papers, however, proceed 10 reply, with.
out walsng 10 receive them officially.
II was right 10 propose TO the ami sla
very society voluntarily to desis, from at.
tempting 10 seed their publications into tie
Southern States by public mails: and their
refusal to d. so. after they were apprsed
that tie entire mails were put in jeopardy
hy them, is bit another evidence OF the "a
tuuy OF tl.e coansels by which they are di
tected.
After mature consideration nf the sub
Jset, AID seeking the best advice within
Toy reach. an confirmed ~ the opinion,
that The postmaster general has no legal
authority, BY any order or regulation Of
fis department, 10 exclude from the mails
any species Of newspapers. magazines. or
pamphlets. Such p9wer, vested 10 the
head Of this department would be fearful
j. dangerous, aud has been properly with
ftal1 Apu tnftx G a,
ing or officially sanriioning the step you
have taken, would, therefore, be utterly
ppwerless and void. aud would not, in the
slightest degree relieve you from It's re-
sp9Hibilify.
But 10 prevent airy mistake in your
mind, or 10 @lst Of the abotionis's, or of
the public in relation to my position, aud
views, have no hesitation 10 saying that
am deferred Som giving any order to
exelude tue whole series OF abolition pub
iGalions from the southern mails only by
a want of legal power AMI ihai if vele
situated as YOU are, wosil DO as you
hsk done.
Faimas'crs may lawfully kHow 10 all
cases tue contents Of newspapers, because
the la expressly provides that they shall
hmined; and IL iiiey know those contents
ID be calculated and designed 10 produce,
and u delivered, VIII certainly produce the
commission Of the most aggravated crimes
upon the property and persons OF their
fellow citizens, II cannot he doubted that
IL Is Their dsty TO detan them, If not even
% hand them over to civil authorties.-
ahe Postmaster General has no legal pow.
or to prescribe any ru!s for the govern
innnt OF P0stmasiers IN such cases, nor
has he ever attempted TO do so. They act
III each case upoa their own responsibility
aud If ihey improperly detain or use pa
pefs semitic their offices for transmission
or delivery, it IS at their peril, and Oh their
heads falls Vac punishment
II 1t be jusiiliahIe to dctain papers pass.
ING through the maii for the purpose Of
preventing or punsbing isolated crimes
against individuals, how much more i'm
portant II IS that this responsibility should
ne assumed TO prevent instructions and
save communities If in time of war,
Postmaster should detect the letter of an
enemy or spy passin, through the mail,
WHICH II II reached lis destination, would
expose his country 10 invasion and her
arms 10 destruction, oaght he not TO arrest
IL! Yet, where il hls legal power TO do so?
From tho specimens have seen of An
u Slavery publications, and the concur
rent testimony of every class oil citizens
eKcepi the aboIitionists. they tend directly
10 produce m the south. evils aud horrors
surprising those usually resulting from
,!feisn INVASION or ordinary insurrection.
FROM Their revolving pictures and fervid
appeals addressed 10 the senses and mas
SONS oil the blacks they are calculated TO
III every family VITA assassins and pro.
Cuee at no distant day an ex,ermnating
eetv'le war. 50 aggravated is the charac,
Uf OF nose papers that The people of the
oousse'n etayes with an uuaaimdy nev
or witnessed except il cases Of extreme
uan9er' have evlneed, in public meetings
anu oy o;her demonstrations, determin
a'ioh 10 seek defence and safety in putting
an enu TO Shtir circulation by al.y means,
ana az any hazard. Lawless power is 10
oe resisted; bat power which is exerled
10 Paipabla self defence, is not lawless.-
mar sach Is the power whose elements
are no" agltaiing the South, The uoited
people OF That section fclisiously believe
anu so long as that shall be their inpres
st'p' y VIII require the array of armies 10
cary tie mails in safety through their Ter.
itoFics, II they continue 70 be used as the
instrument OF those who are supposed to
seek their destruction.
,,a ms d measure Of great pablic necessity,
.nss you and the other postmasters
s "no nave assumed the responsibility of
91'11pp'as these iohimma;ory papers, win,
! nave no doubt, stand jnsliiied in that
s'ep oeioTe your country and all mankind
r. but peshaps the legal right of the abo.
n'9nists. 10 make use Of the public mails
"a distributing their insurrcctionary paners
throughout the southern states, Is not 50
gear 80 they seem to imagine. When
NOSE states became Independent they ae
P9hed right TO prohibit the circulation
81 such naners igiIhin fha:r ,rr;1n.;a0. Il