The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1843-10-30

The fcllowing attIsls Oh ME WickiiNss sfs
eulaf Is from ksndsl's Ezposilof Il derives
rom It's source an importance greatly beyond
that Of any other newspaper article on the same
subject Il IS from the pen OF The late Post
master General no necessarily acquired, from
his administration Of the Department Tor seve
raj years, knowledge Of the matters egsbraced
in Mr. Wicklife's circular, greatly surprising
that Of any other memberol the Editorial Corps.
On the main point, whether lhe mode Of con-
veying newspapers, forbidden BY the circular, *
contrary 10 he lao, Mr. Kendall sustains Mr..
Wickliffe. On minor point whether the PEI
naities in the act are so prescribed as 10 reach
these violations, he dissenls from Mr. Wick
life; bul he comedies thai he contractor can be
dismissed from the service if he persists in
them. The Postmaster Generals circular, il
will be seen, is addressed 10 the contractors, and
looks evidently 10 The unquestioned remedy Of
annuImeni Of contract for The enforcement or the
true intent and meaning Of the law So that,
practically, The difference between The late and
present Postmaster General, on this secondary
point, about nothing. The chief object Of the
circular is, 10 call upon the contractor 10 obtain
the legal right q convey newspapers out Of the
mail, by entering into contract for that purpose
as the acl Of Congress requires, aud in such
way as to contribute 10 The support OF the De-
partment, which has to provide the means Of
conveyance.
The necessity OF fully executing he lac is
imposed upon Mr. Wickliffe by circumstances
affecting the revenue of the Department, that
did not exist when MIR. Kendall had charge of it
so recent, then, was the Introduction Of rail
road service--at the far,hes, these circum-
stances were then only in their incpiency, and
had made no manifestations Of their present en-
barrassing influence upon the support and ex-
tension Of the Post Office system.
From KendalTs Erpositor.
PosT OFrIcE CiRcuLAR.-Much excitement has
arisen among the managers. of the Press in conse-
quence Of the policy of the Postmaster General as
indicated in the annexed Circular Although he has
yentured little farther than we felt authorized TO
go while holding that office, cannot join in the de-
nuncaton he receives for this attempt to protect the
revenue Of the Depa tment. What motive can he
have in resorlng to essentially odious TO
powerful interest in the community, but 10 perform
what he believes to be his public dutyi
The subject of the circular is one of the most diff
icult in the administration of the Department. We
found il TWAS quite evident 10 US, that il was
the intention of the Law to make newspapers small
matter" which no mail-carrier could convey out Of
the mail, unless the privilege were stipulated for in
the contract. Yet, penaty is provided for carry
ing them out Of the mail. After full consideration
we came to the conclusion that means of carrying
out the intention of the law were vested in The POST
master General in fact any where else but TO an
null the contract wherever the carrier persisted in the
offence. No prosecution, we think, could be sus-
tanned for the mere offence Of carrying newspapers
out OF the mail.
The establishment of private post for the con-
veyance Of letters and packets rests on differ
ent foundation, being forbidden under penalty OF
$50. II cannot be doubted, think, that the term
"packets, used in this provision, packets of
Email matter, such as letters and newspapers 1t
may or may not include magazines and pamphlets,
which may may not be mail matter, at the option
of the Postmaster General But we found difficulty
in making this prohibition available on another
ground. The language of the law is ''no person."
Sc. "shall set up any loot or horse post, &c. 1t
puzzled US 10 make sfoot or horse postn out of a
steamboat or railroad train. There is another
provision which imposes penalty of $50 for con-
veyBg letters, applicable 10 railroads and steamboats,
running regular lines son post road road par
allel TO it" this does not reach the conveyance of
newspapers. Nor do how the Postmaster |
General reach these conyeyances at all for car
rying newspapers when they do not carry mail, OF
Otherwise than by dismissng them from the service
when they do carrya mail.
The truth is. the circumstances Of the country
have changed since the laws the subject wee
passed. as TO make them inadequate TO the existing
state Of things. The Postmaster General cannot al
ter the laws and is bound by his oath TO see them ex
ecuted "ss he understands them" He may err but
he must be an odd sort Of man, something very pc
culisr,' who will wilfully err, in matter Of this
SORT at the expense Of his ease his popularity and
his reputation. The Press, in our opinion would be
more properly and more uselully employed, in ex-
posing the defects Of the law and suggesting proper
remedies, than in sssaing the Postmaster General.
Cannot be Post Office Department be greatly re-
duced without injury to the countryi Can IT not
abandon the steamboats, and railroads regular mail
conyeyances altogether, leaving every thing, letters,
newspapers, Sc, &c. to be carried upon them with
out its interference, and putting on horse lines or
making arrangements with the owners of STEAMBOATS,
and railroads TO carry small mail containing letters
not originating on their lines destined for places
beyond them The we reflect upon u, the
more are inclined to think, that some such
rangement will have 10 be resorted 10.