The Madisonian., 1840-01-18
PosT OFFICE DEPARTMENT, }
January :, 1910.
Joshua Vansant, Esq.
Postmaster, Blltimore,

Postmaster, B fillmore,
Sa Your letter of the 9Th 10 the contract office,
stating that the trunk containing packages for New
York and Philadelphia was stopped al the depot in
your city, the preceding day, BY The Vice President
Of the Railroad Company, has been laid before me-
| When instructions were given yon TO take out of
the mail the packages o! letters for New York and
| Philadelphia and send them forward by a special
messenger, in order give them the greatest praci-
cable expedition, il was not supposed that the De-
partment was attempting TO infringe upon any right
| or privilege Of The railroad company. othem such
| special messenger could only be known as paSsen-
ger subject the laws and regulations, charges and
fees, which govern and are required from any other
passenger Limiting himselfto the ordinary weight
Of baggage allowed to be carried il was not sup
posed that the company has right TO enquire OF
what ii was composed much less to stop il, should
il be oundto embrace letters, newspapers, pamph
lets.
Claiming nothing OF the Company which is moi
the right Of every traveller passing over their road
the Department saw no necessity or propriety in in
forming them beforehand that these special messen
gers would be employed although it well knew that
from the nature of their business, the fact would
Immediately become known 10 them.
Grave considerations arise out OF This assumption
of power on the part OF the Railroad Company to
arres, the progress OF government messenger, or
any other passenger, by stopping the trunk which
lntains his baggage. If this Department has no,
right send special messenger over The road, con
veying packages Of letters or papers, neither has any
other Department of the government. Messengers
of the State, Treasury, War, and Navy Depart
ments, conveying papers ol the utmost importance
10 The business, peace and security OF the country,
may be arrested in their course BY stopping their
baggage, because they are in the act OF conveying
letters and papers which belong 10 the government
The principle does not stop here, There is nothing
in the law which distinguishes public messenger with
his baggage from the agent Of merchant other cit
zen his baggage. The Company have the same
right to refuse to carry the trunk OF merchants clerk
travelling 10 New York upon the business OF his en-
poyer because has letters or papers in It not hs on
that they have to stop the trunk Of messenger OF the
government. Every merchant IN Baltimore and every
other citizen who sends agent along this road is la
BILE have his business arrested by the stopping OF his
trunk upon the grouud that it contains something which
the Railroad Company do not choose to convey
II they can stop the trunk Of messenger agent,
public private account OF It's contents, they can
stop the trunk OF other traveller for the
ANY ordinary traveller is liable to be arrested his
journey by the arbitrary stoppage of his baggage the
preence that tn is something with II which does not
belong to him and which the Railroad Company choose
to put under their ban.
| Does this assumption Of right to stop trunk
embrace another rgh,-ihe right Of search II the
Company have right to stop passengers trunk on
account Of its contents their right TO take the
ccssay steps to ascertain Whist those contents are be
denied Cannot they refuse carry any trunk unless
be opened and its contents shown to tbem that they
may know there is nothing contrabind IN il
On advenng to the charter OF this Company grant
ed by the State Of Maryland. find that it contains the
following provision to tolls on passengers, VIZ
" For the transportation OF passengers: not exceed
ing four cents mile for each passenger and baggage
not weighing more than fifty pounds, or occupying
space OF more than two cubic feet
No power is given them TO discriminate between pub
lie private citizens, between agents or principals
offering themselves as passengers The company are
common carriers who bound 10 convey all persons
offering with their baggage As to the character Of The
baggage the law gives them no right to inquire. As
10 quantity, they have right to that 1t does not
weigh more than fifty pounds, OF occupy in space
| than two cubic feet II there be overweight over
bulk they have an undoubed right to refuse to take it,
but for no other And accordance with this
principle probably before heard Of in this
country, that Railroad Company refused to the
legal weigh, aud bulk OF baggage account OF the
materials which composed II.
! In III state of the law and the facts cannot bul
look the act Of the Company in stopping The trunk
! referred TO, as high handed assumption Of power,
! as little lusihablc in itself as it is in the moiye
which dictated il. The Company had refused TO
convey the mails on the terms offered by Congress,
demanding rate Of compensation never heard oi
for like service in this country or any other, being
/ $4,000 per annum or upwards Of $500 per mile
Not being authorized or willing to give this rate Of
compensation, the Department made arrangements
for the conveyance Of The mails on other lines bai
to keep up the correspondence between the Nor,h
and The South with the greatest expedition, was viii