The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1843-10-27


The following article on MI. Wieklids's cur
cular is from Kendsii's Expositor. Il derives
from its source an Importance greatly beyond
that Of any other nswsPsper article on the same
subject. Il is from the pen Of the late Post
master General, who necessarily acquired, from
his administration Of the Department for seve-
raj years. knowledge Of the matters embraced
ia Mr.. Wieklia.'s circular. greatly surprising
that Of any Other member Of the Editorial Corps.
On the main point. whether the mode OF con-
veying newspapers, forbidden by the circular, Is
contrary to he lar, MIR. Kendall suslsins Mr..
Wicklife. On a minor point, whether the pc
aaifies 10 the act are 50 prescribed AS TO reach
these violations, he dissents from Mr. Wick
life; but he comedies that The contractor can be
dismissed from the service if he persists in
them. The Postmaster Generals circular, II
will be seen is adore 10 the contractors, and
looks evidently TO The unquesloned remedy OF
annulment of contract for the enforcement OF the
true intent and meaning Of the law. So that,
practically, the difference between the late and
present Postmaster General, on this secondary
point, is about nothing. The chief object of the
circular is, TO call upon the contractor TO obtain
the legal right to convey newspapers out OF the
mail, by entering into contract for that purpose,
as the &C, of Congress requires, and 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 the law is
imposed upon Mr.. Wickliffe by circumstances
affecting the revenue Of the Department, that
did not exist when Mr.. Kendall had charge of it
so recent, then, was the introduction Of rail
road service--at the farthest, these circum-
stances were then only in their incipiency, and
had made no manifestations Of their present en-
barassing influence upon the support and ex-
tension Of the Post Office system.
From KendaHs Exposition.
PosT OFFICE 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
veDtured little farther than we felt authorized 10
90 while holding that office, we cannot join in the de-
nuncation he receives for this attempt to protect the
revenue Of the Department. What motive can he
have in resortIng to a essentially odious to
powerful interest in the community, but TO perform
what he believes to be bis public duty
The subject of the circular is Of tho most diff
6cult in the administration Of the Department. We
found it II was quite evident 10 u.s. that it was
the intention Of the Law to make newspapers small
matter" which no mail-carrier could convey out Of
the mail, unless the privilege stipulated for in
the contract Yet penalty is provided for carry.
ing them out of the mail After full consde ration
we came to the conclusion that Of carrying
out the intention of the law were vested in the Post
master General, in fact any where else, but to
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 oil 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
mail matter, /" such letters and newspapers. Ii
may or may not include magazines and pamphlets,
which may or 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."
&c, 'shail set up any foot or horse post, sc. II
puzzled US to make foot or horse post" out Of
steamboat railroad or train There is another
provision which imposes penalty of $50 for con.
veyng letters, applicable TO railroads and steamboats,
running regular lines "on post road road par
aliel 10 IT. this does not reach the conveyance Of
newspapers. Nor do see how the Postmaster
General reach these convey at all for car
rying newspapers when they do not carry a mall or
otherwise than by dismssing them from the service
when they do carry a mail.
The truth Is, the circumstances Of the country
have so changed since the laws on 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 them ex-
ecuted las he understands them" He may err but
he must be an odd sort Of man, something very Pc
cuar,' who will wilfully err, in matter Of this
sort at the expense Of bis ease, his popularity and
his reputation. The Press in our opinion would be
more properly and more usefully employ ed, in ex-
posing the defects Of the Law and suggesting proper
remedies, than in assailing the Postmaster General
Cannot be Post Office department be greatly re-
duced wiihou, injury to the country Can IT not
abandon the steamboats, and railroads regular mail
conveyances altogether, leaving every thing letters,
newspapers, &c, &c, to be carried upon them with
out It's interference, and putting horse lines
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 more reflect upon 1t, the
more we are inclined TO think, that some such
rsngement will have to be resorted to.