State journal. [volume] (Montpelier, Vt.) 1831-1836, 1836-06-21

not thereby TO surrender or impair the pow
er vested in us by the constitution. Without
this qualification, where will the doctrine
lead to
Suppose a state, in a highly excited state
of the public mind, should pass law pro-
hibiting the circulation of all political mat.
ter not in accordance with the opinions OF
a majority; or of bank notes, or checks, OF
drafts through the mail in payment oil
debts, as has lately been menaccd: or OF
specuations in philosophy or religion: can
this Government, consistent with the fun
damental principles of the Constitution,
lend its aid to countenancc such measures
Arc they not clearly in restraint of public
liberty, and hostile to free Government j.?
And yet, if whatever touches the subject
of slavery is to be shut out from the mail
on the principles upon which this bill rests,
how are we to shun these consequences ?
One State makes a law which stigmatiZes
as libellous and therefore criminal, what
ever touches or affects slavery, ay, mere
opinions, as in Alabama. Another con-
dennis religious sentiments as heretical, and
another stamps with Reproduction all poiti-
cal discussion, except when it is agreeable
to the views Of its own majority. Each
demands the aid of Congress TO enforce its
laws, because they have, under the several
Constitutions, right to make such laws.
Ifyou admit the Claim ofone, on what prin-
ciple will you resist the others?
Such sir, is the general character of this
bill, and such its obvious tendencies. If
no further objections could be found, are
we prepared to countenance doctrines
pregnant with such injurious consequent
ces? For myself | would have no hesita-
ton in saying to the Southern States, you
must first satisfy me that you have no other
remedy for the evils of which you COM
plain, before i would establish a precedent
tending strongly TO invade the great princi-
pies of public liberty.
But, sir, beyond this there are insur-
mountable difficulties. How, and by whom
is this law to be executed? Who is to de-
termne, and in what manner, whether the
Constitution Of Massachusetts, which de-
clares that all men are born free and equal
or the Declaration of independence, which
declares that sail men are created equal
and are endowed by their Creator with
certain inaLienable rights, among which are
life, liberty, and the pursuit of happiness"
touch the subject of slavery, or are incen-
diary Who is to decide whether the
People shall see the debates in Congsess,
and know what their agents are doing and
saying here? These are momentous COIL
sderations, for whoever holds this power,
may shut up the great channels of inter
communication-may obstruct the avenues
through which intelligence is communica-
ted. say close and obstruct them, because
the Post Office power is monopoly in the
hands of this Government. 1t claims the
exclusive right to transmit the mail, and
denies to individuals the right to send let.
tiers by private conveyance under severe
penalties. 1t may also, if it chooses, claim
the exclusive right to transmit printed pa
pers. 1t is obvious, therefore, that this light
of decision is one of great moment and it
is vested in each and every depujy Post
master, and any clerk he may see fl 10 en-
ploy. These persons are required 90 SIT in
Judgment upon matters that would perpeX
the greatest judicial talent in the country.
What is incendiary? What touches the
subject of slavery, these are the questions.
Every one is aware that few matters are
carried into the Courts oflaw so difficult to
determine as what are libellous, or what
sanderous and get i l IRISH to send a
letter, a paper, yes, SIR, the DECLARATION
OF INDEPENDENCE ITSELF through the Post
Office, At must first be scRUTINIzED BY a
CLERK, 10 ascertain Whether Il rio,ates the
ldicS Of Alabama, Carolina, or some other
State and if an his opinion, the subject Of
SlaUery is touched, so as 10 oGend ore Of these
s,oeeping la,os, / am denied The privilege o.
the mail.
Ordinarily, when our rights of property
or privilege are assaled, we are entitled to
be heard, and to have the matter settled by
Il court and jury. But here, a mere bag shuts
as out Of q most important privilege by a SOL
ituy Judgment male according IN his Ot0n
ichinl, caprice or Dant Of understanding
and, besides, il is not difficult 10 imagine ho
IN corrupt, prJudiced, or perrerSe minds, his
poiOer maybe exercised bath ,0ickcdiy and OPP.
preSSireiy. That it will be done partially il
almost certain; that it will he done une.
qually, and by different rules, is inevitable
! from the nature of man for there are eight
or nine thousand post offices. How easy il
will be to subject one newspaper to the
sevcrest scrutiny, and 10 suffer another tC
| pass with casual examination. Tie pos
masters and their clerks will thus LeconC
JUDICIAL OFFICERS, SETTLING
GREAT QUESTIONS AND DETER
MINING GREAT RIGHTS, BY AN
INQUlSITORIAL POWER, AS obi
GUS AND OFFENSIVE As THAT
OF THE HOLY BROTHERHOOD
THE lNQUISITlON OF SPAIN. Thu
is not all. The labor will be immense, de
handing great additional force, and caus
ng great delays in the transmission of th'
mail. Who can estimate the labor an,
Time necessary to analy2e the mails at tn
Post Office in n. York?
The right of scrutiny into the content
of the mail, and of inhibition, cannot fail Il
excite distrnst, and to impair, if it does no
entirely destroy, the usefulness of the Pos
Office? IT WILL so CERTAINLY
} BE THE GRAVE OF LETTERS AM
PAPERS, THAT TIE PUBLIC WILL
NOT IrGr IT