Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1843-10-17
From the y. Y. Aurora


So much has been published ,mpuenng the Post
Master General, for taking measures enforce the
penalty upon the transportation OF newspapers on mail
routes in stea mboats and slages, that becomes ne
cesssry, for his Justification, to call public attention
TO the law 1t now exists, and 10 show that, howe
yer individuals may complain, an imperative duty,
which he cannot omit and preserve lnvola,e his oath
of Office and which lie ought not to neglect justice
The department entrusted TO his care, demands that
he should take every measure IN his power to enforce
the provisions of the statute which orbds such trans
portaton
this subject on Saturday last and are requested
. 10 insert the following printed circular intended 10
be sent 10 the vera Presidents of the railroads used
by the mall and TO other parties interested in lis trans
portaion.
officer we wish it to be distinctly understood, that
= We are not defending the law. In common with
brethren OF The press, think II Is onerous pr :
vlsinn imposing restrictions upon the dissemination of
knowledge and intelligence which should be- removed.
We think also the postage on letters IS too high but
Mr. WIckHe cannot remedy that evil, nor can he
permit the violation Of the provision under conside
ration 1t will be ny the circular publish
ed that he has power to grant permission Of parties
10 send newspapers otherwise than by mail and IT ep
piled doubt he will grant the privilege upon
sonable terms
The plan too much resorted to by Editors, of seek.
ing to avoid an onerous law, by abusing all occa
sons the public officer, whose npleasan task il is TO
enforce it, OF justice, which ought not and in
this will not, produce any departure from the
strict line OF duty.
AS we have SAID heretofore, say again, let the
complaints against all burdensame portions Of the Post
Office law be laid before Congress- aud no man will do
more than the present vigIlant Postmaster General 10
have the best possible remedy applied to remove them
and the law so mod fed, 10 produce the greatest
amount of public good with the least possible upon
the people and upon the dissemination of knowledge
and intelligence
Until that shall be DONE those who delight 10 create
excitement by the matte attacks upon the Post Or
flee Department. and It's worthy chef, may well
themselves the trouble for, assure thom that
nothing that can be written will interfere to prevent
him from pursuing the course. which, however dis
agreeable personally TO himself he deems TO be impe.
ra,ively called for by conscientious discharge of his
duties.
, Posr OFFICE DEPARrMESr,l
September !, lS43
Sir: The many complaints, and numerous official re.
ports made by the Agents Of the Department, and Post
masters of the continued violation Of the Post Office
laws by persons carrying for pay, letters, newspapers,
and mail matter, over and upon mail roads, and often
the vehicle employed by the Department TO transport
the mail, and the reduction IN the revenue, owing, in
small degree, TO the existence and increase OF this
abuse, have suggested the proprey OF addressing
this letter. 1t Is hoped, when your attention is called
to the law, and the nature OF your obligation to The
Department, that you will exercise the power you
not only protect the Department against the noads
upon It's rights, bnt To give v'gant attention TO the
uhIment of your engagements as contractor for car
ryng the mail.
The power 10 establish post Office and to carry
mall granted. by the Constitution, TO the Congress
of the United States. This grant Of power is FULL
and consequently exclusive No State can establish
post Office, mail line, neither can any citizen
/, do
Congress- by the act Of -25 section 49, has cxpress
4 y declared. "that stage other vehicle, which
gulary performs trips pest road, road para
lei IL shall convey letters; shall any packet boat
or other vessel, which regularly plies water de-
cIared to be post road, convey letters, except such
relate 10 part Of the cargo. For the violation
of this provision, the Of the carriage, other
vehicle vessel shull incur the penalty of fifty dol
lars, &c.
The Sd section of the act of 1927 declares "that
person, other than the Postmaster General or his au-
horized agents. shall up any foot horse post, for
The conveyance of letters and packsts, upon any post
road, which is may be established such by law
The person offending shall, upon conviction be fined
/, fifty dollars.
The Both section of the act of 1925 provides tina,
sthe Postmaster General in any contract he may en-
Ter into for the conveyance of the mail may authorize
the with whom such contract IS to be made To
carry Newspapers magazines and pamphlets other than
those conveyed the mail Pror'dfd that no prefer
ence shall be given TO the publisher of one newspaper
over another, IN the same place
The 24h section Of the act provides, hat any
persons who shall procure and advise, assist IN the
this &C, forbidden, shall be subject In the same penal
lies and punishment the persons sub"c In, VIII"
shall actually do or perperae any Of the SAID acts or
crimes" &c
These the provisions Of law which pertain 10 The
subject from which clearly APPEARS, that is unaw-
full for any person 10 posi-, matter that 1t be
o called an express, or "Agency either by and oy
horse, or foot in stage railroad car, by water IN
steamboat other vessel for The conveyance of mail
matter. 2nd That it is equally nnlaw fuI whether such
person shall run his vehicle, steamboat railroad
car, shall obtain The privilege 10 the post or ex-
press in the stage, car, steamboat Of anoher more
especially if that other 10 mail contractor The per
son who engaged IN this business-he who AIDS, as
siss, employs such person. the Of the vehicle,
are all equally guilty Of violation of law.
1t is part of my business TO defend and justify the
propriety of the Of Cooge s. made protect the
revenue Of the Department IL such task, however,
II imposed upon me- Executive officer, II would
d not be- Of difficult performance
: In vain would the Government hope to derive re-
for lis support from imposi upon foreign mer-
rhandse without laws TO prohibit and punish SNUG
q cling. The smnggler receives sympathy when he
detected because he is engaged in cheating the Co.
venmrnt out OF It's just DUE and defraudng the honest
;. importer.
Ii has heen the policy of The United Sintes TO place
d the Post Oihce Department upon lis own resources
to require it 10 s., bv postage the 10 deray
n is expenses To do this, rate of postage upon let
: ers and newspapers has beru fixed by law and the
Postmaster General is required to see this law execu-
tod II violated like him al the head of the customs,
J. he IS bound to have prosecuted its volaors In what
differs the turptudr Of the Except in amonnD OF
him who cheats by violating the revenue law, the Co.
vernmen out OF its just dues, by smuggling, and OF
HIM who cheats the same Government out Of lis post
ST age, by wiliu violation of the Post Office law: In
he case, the honest importer defrauded; in the
othe he who faithfully pays his postage and obeys the
e law IS injured the Department deprived of lis reve-
nue. and unable to extend its useful operations with
e the growing wants Of the community
I In aid OF these general remarks, and beside calling
your notice the laws above referred to- beg leave
h to refer you to the spuations Of your bond to this
Department, by which il will be SEEN that you have
covenanted not TO transport any person
y gagged in carrying mail matter ont Of the mail.
n When complaints have been made 10 GONE contrac
j. tors Of violation Of law in the above PARTICULARS bu,
10 little heed has been given, and the answer most ge-
I, neray returned is that they do not knoac of such
m violation little attention and Wholesome insruc