Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1835-09-04

tion-to overthrow those institutions which are recoq
nized and guaranteed By the Constitution itself
And il il entirely certain that any existing law OF the
United States would project mailearricrs and PUstinas
ters against the penalties of the State laws il they shall
knowingly carry distribute hand any of these for
hidden papers III State by law declare
any specific act to be crime, how officers of the
United States who may BE- found guilty of that act TO
escape the penalties Of the State law 1t might be in
vain for them TO plead that the Postoicc law made il
their duty to deliver all papers which by mail In
reply to this argument it might be alleged that the Post
oihce law imposes penalties on postnasers for "imPro
perry OBTAINING papers which come by the mail, and
that the detention of the papers in question is not inn
proper, because their circulation prohibited by valid
State laws Ascending higher principle il might
be pausiby ALLEGED that law ohe United States can
protect from punishment amy whether public oil
Ger or citizen in the commission of act which State
acting within the undoubtcd sphere of her reserved
rights, has declared 10 be crime. Can the United
States furnish agents for consprators the States
and clothc them with impunity? May individuals
combinations deliberately project the subverson of State
laws and institutions, aud lighting their irebrands be-
yond the jurisdiction Of those States, make The officers
of the United States their irresponsible agents to apply
the llmes' Was it To give IMMUNITY crime that the
several States came into the Union and conferred upon
The General Government the power Ito establish post
Offices and post-roads:"
Ia these considerations, there is doubt, whc-
thcr the abotonists have right 10 make use of the
mails OF the United States convey their publications
INTO States where their circulation is forbidden by law
and itis by certain that the mail and
poStmaSters from the penalties OF that law if
they knowingly carry distribute hand them
Every citizen the mail for any lawful purpose
The aboonists may have legal right for dis
tribung their papers New York where II is to
distribute them bu il does not follow, that they have
legal right to that privilege for such purpose in Louis
lSha or Georgia where it is unlawful AS well may
Tie counlcretcr and the rober demand use of the
"ails for concentrating their cres, and complain of
violation of their rights when it is denied
Upon these grounds Postmaster may well hesitate TO
DC The agent OF the abolitonsts in sending their
diary publications into States where their circulation is
prohibited by law, aud much more, may Posmasiers
siding in those States refuse distribute them
whether the arguments here suggested be sound or not
OF Que thing there be doubt If it shall ever be
settled by the authority of Congress- that the Post Office
establishment may be legally and be actually en-
ployed as an irresponsible agent to enable misguided
fanatics or reckless ncendiarcs to stir up with npuni-
~ nsurection and servile in the Southern States
those States will of necessty consider the General Co
vernmcni as an accoEpiice in the crme--they will look
upon II as Identified ina cruel and attack
on their unquesonable rights and dearest interests
they must necessarily treat it enemy in
their means of defence. Ought the Postmaster of the
Department by thrustng these papers upon the South
ern States how in defiance oil their laws to hasten
state ofthings dcplorabie
do Hot desire to be understood affirming that the
suggestion here thrown out ought without the action
OF higher authority, be considered settled con
stracton of the law regarded by Posmas,crs the
rule OF their future action 1t is only intended say
that III sudden emergency, involving principles so
grave and consequences serious the safest for
rosmas,ers, and the best Tor the country that which
you have adopted
prevents the certain seizure of all the mails in the
sggreved States, with a view TO the interrogation and
destruction oil the obnoxious papcrsthc nterrup on of
commercial and friendly correspondence-the loss of
confidence in the safety of the mail conveyanccs-and
the probable overthrow of the authority Of the United
Sates far regards the Post Office establishment
throughout half the territory of the Union.
1t prevents speedy interruption of commerce and
trade between the cities of the North and the South for
there are abundant evidences that the vessels
boats which should be known TO freighted with
these papers, whether in the mail out would not long
be suffered to float in safety in the Southern ports
II allays In some degree, the excited feeling of the
white man against the black which changes the domi-
Mon over the slave from of mdness of
rty and puts the free negro imminent peril of his life
You avoid being made yourself the agent and accom-
plice OF blind lanacisls wicked design course of
proceedings which, il successful, could fail re-
peat shores the horrors of St Domingo and
ISOLATE with DISCRIMINATING war; half the territory of our
happy eouniry.
unwilling agent and abettor of crimes against the States
the proper authorities discuss principles involved
and digest safe rule for lhc future guidance of tile De-
paItnent
While perssting in which philanthropy recon-
mends and patriotism approves doubt that YOU
the other Postmasters who have assumed the response
biity of Stopping these nlammaory papers their pas
sage TO the South will perceive the necessity of perform
ing your duty in Transmitting and delivering ordinary
newspapers magazines and pam phle with punctuality
Occasion must not be given charge the Postmas-rs
with carrying their PRECAUTIONS beyond the necessities
of the capricously applying them other cases
in which there is necessity and it would be the du-
ty well the inclination of the Department to pun
ish such assumptions with unwoned severity This
suggestion do not make because have any apprelen-
sion that it Is needed for your restraint but because
wish this paper to bear upon its face complete expla-
nation of the views which take my own duty in the
existing emergency.
Very respectfully,
Yoar ob't servant,
AMOS KENDALL.
Err sf reRgsyy Sr ISS}qIe 81 A"s