State journal. [volume] (Montpelier, Vt.) 1831-1836, 1836-04-26


subject has hitherto been given to the Public.
Very respectfully,
Your ohedient servant,
Inland HALL.
The minority Of The Committee on the Post
Office aud Post Roads, TO whom was referred
that part of the Presidents Message which re-
lates to "the circulation in the Southern States,
through the mail, U incendary publications."
hot having been able TO concur with the com.
inittce in any mode oil legislation on the sub
jcct respectfully ask leave to submit their
views to the House.
In considering the important subject submit
ted TO the committee, the minority have not
undertaken to ascertain what remedies may he
afforded by State legislation for the evils com
planned Of in the message, or to make any par
1lcular examination of the character and ten
dency of the publications against which the
legislation Of this Government is recommend
cd. Taking it for granted that, in the opinion
Of Congress, the publications specified in the
message have the dangerous tendency stated
by the President, they proceed, at once, 10 in
qulre into the duties and powers Of this Gov
eminent in regard to their mail circulation.
Surprising the nterposltion Of no constltu-
tional obstacle, either Of four modes Of lcgis-
laton might be adopted by Congress, 10 re-
strain the mail circulation Of these publlca-
lions.
1. Officers might be appointed by the Go
vcrnment 10 inspect and license all publica-
tons before they should be allowed admission
into the mail, with power to include those Of
such character as Congress might designate.
2. Congress might adopt the legislation Of
the States as the basis Of its legislation; and
provide that it should be an offence against the
United States for any person to send through
the mail into any State any publication the
circulation of which was prohibited by the
laws of such State.
8. Congress, retaining the State laws as the
basis o. its legislation, might contine the pen
alties of its laws TO the officers OF the General
Government, and provide for the punishment
OF such postmastcrs and other persons en-
ployed by the Post Office Department as
should, knoringIy, transmit through the mail
any publications prohibited by the laws Of the
State into which they were directed.
4. Congress might make it an offence a.
gainst the United States for any person 10 send
through the mall into any OF the slaveholding
States, any publications which Congress might
specify, as having Il tendency TO excite the
slaves TO Instruction.
The minority are not aware that any other
direct modes of legislation by Congress have
been suggested, and, Tor the present, waving
the question Of their constitutlonality, they will
proceed 10 examine the nature and character
of each in its order.
The first mode, that Of the establishment Of
n censorship over all publications, for which
the benefit of mail circulation was desired,
must necessarily operate with extreme harsh
ness 1t is obvious that publications could not
be licensed from an examination of their titles,
for those might be no index 10 their contents ;
aud political newspapers or literary magazines,
mostly filled with other matters, might contain
brief articles obnoxious TO the law, rendering
their circulation inadmissible. In order IL
make the law eftctual, censor must be APP
pointed in the vicinity Of every printing press,
whose duty it would be to examine every num-
Der of every periodical, and every edition OIL
all other publications., for which mail circu'
lation was sought, and certify their fitness fol
such circulation TO the postmasters or The
postmasters themselves must be erected into
censors, with power to break the envelopes o.
all packages deposited in their respective Off
ccs, TO examine their contents, and either re-
ceiyc & transmit them, or suppress their circu
laton, as their judgments should determine
them 10 be in compliance with, or violation
OF, the law. One of the obvious legal effect;
.oi this mode Of legislation would be to trans
fer the power Of determinnga publishers RICH
to circulate, from jury OF his peers to The
summary discretion Of any one OF many thou
sand individuals. The medium Of mail cu
laton has become so useful and important tC
the press of the country, and would be Sc
trammelcd and obslructcd by the previous
submission of all matters to be transmitted L
the tribunal Of licencer that this species o
censorship could be scarcely less exccptonabl'
and oppressive than censorship that shoul,
extend to the restraint of the actual printing o
publications. Ca the whole, law Of this de
sc.iption would be in such direct opposition I,
all the prcconceN cd opinions Of the People O
this country, so abhorrent TO their notions o
the principles Of civil liberty, and so utterly de
structlve of Tho freedom Of the press, that TN
undersigned will not permit themselves seri
ously 10 apprehend that, under any possible
circumstances, such law can ever find place
on our statute book. They, therefore, CEsmis
this branch Of the subject, without further com
ments.
The second mode of legislation, that Of pro
hlbltlng the circulation by mail of such publ
cations as the States shall prohibit, being toun
ded on the principles get forth in the report 0
the Postmaster General and having also, &
is understood, received counlcnanco from 9th
er respectable Fources, requires a more tliar
ough examination.