The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1843-10-05
From the .Ne,U York aurora
POST OFFICE AFFAIRS AGAIN.

From the .NeU YORK .4urora
POST OFFICE AFFAIRS AGAIN
SO much has been published impugning the Post
master General for taking measures to enforce the
penalty upon the transportation Of newspapers on
mail routes In steamboats, and stages that 1t becomes
necessary, for his Justification to call public atten-
ton to the law as it exists and to show that,
however individuals may complain, an imperative
duty, which he cannot omit and preserve inyioate
his oath OF Office, and which he ought to neglect
in justice to the department entrusted to bis care de-
maads that he should take every measure in his pow
er to enforce the provisions of the statute which for
! bids such transportation.
We published two letters from Mr.. WickliiEe on
this subject on Saturday last and we are now re
qlested to insert the following printed circular, in
Tended TO be sent to the several presidents of the
railroads used by the mail and to other parties nte-
rested in It's transportation.
In DOING this, act of Justice to vgilant pub
lie ohcer, we wish 1t 10 be distinctly understood
that we are not defending the law. In common with
our brethren oil the press, think it onerou5
provision, imposing restrictions upon the dssemina-
tion oil knowledge and intelligence which should be
removed We think also the postage of letters is
too high; but Mr. Wicklife cannot remedy that evil!
nor can ne permit the violation of the provision un.
der consideration Ii viii be seen by the circular
now published that he has power to grant permits
sion Of parties to send newspapers otherwise than by
mall and il applied TO doubt he will grant the prl-
vilege upon reasonable terms
The plan too much resorted to by editors Of seek.
ing to avoid onerous law by abusing on all occa-
the public officer whose unpleasant task it is TO
enforce II, Is an act OF justice which ought not and
IN this case VIII not produce any departure from the
strict line of duty.
As we have said heretofore SO we saw again. let
the complaints against all burdensome portions Of the
post office law be laid before Congress- and no man
will do more than the present vigilaxt Postmaster
General to have the best possible remedy applied TO
remove Them, and the law so modified 10 produce
the greatest amount Of public good with the least pos
sIbe onus upon the people and upon the dissemination
Of knowledge and intelligence.
Until that shall be done, those who delight TO ere.
ate excitement by the systematic attacks upon the
Post Ohice Department and its worthy chief may as
well save themselves the trouble for we can assure
them that nothing that can be written will interfere
to prevent him from pursuing the course which, how
ever disagreeabe personally TO himself he deems to
be imperativey called for by a conscientious dis
charge OF his duties
Posi- OFFICE DEPARTMENT
September /, lS43.
SIR: The many complaints and numerous official
reports made by the Agents Of the Department and
Postmasters, OF the continued violation of the Post
Ofhce laws by persons carrying, for paw, letters
newspapers, and mail matter over and upon mail
roads, and often IN the vehicle employed by the De-
partment to transport the mail and the reduction in
the revenue, owing In no small degree to the exist
eDcc ana increase oil TINS abuse, have suggested the
proprley of addressing you this letter Ii is hoped
when your attention is called to the law aud the ma
ture OF your obligation TO the Department, that you
VIII exercise the power you have, only to protect
the Department against the nroads upon its RICH =
but to give ygilont attention TO the fuflment Of
your engagements as contractor for carrying the
mail.
j.. he power 10 establish post Office, and to carry
mail, Is granted by the Constitution the Congress
of the United States. This grant of power is full
No f.fa l..I
post Office, or run mail line, neither can any ct-
zen do so.
Congress by the act Of 1926, section 49, h $ ex-
pressly DECLARED that no stage or other vehicle
which regularly performs trips post road. or on
road parallel TO IT, shall convey letters shall
any packet-boat, or other vessel, which regularly
plies on water declared to be post road, :" convey
letters, except such as relate to part Of the
cargo. For the violation OF this provision the own
er OF the carriage, other vehicle vessel, shall
incur the penalty of fifty dollars" sc.
The Sd section of the act of 1927 declares 4" that
no person, other than the Postmaster General or his
authorized agents. shall set up any foot or horse post
for the conveyance Of letters and packets, upon ATTY
post road which is may be established as such by
law. The person so offending shall, upon conviction
be fined fifty dollars.
The 3OIh section Of the act Of 1895 provides that
the Postmaster General, IN any contract he may
ter into for the conveyance Of the mail NAV author
ize the person with whom such contract is to be made
to carry newspapers, magazines and pamphlets other
lhan those conveyed M the mail Prorided, that no
preference shall be given TO the publisher of one
newspaper over another in the same place"
The 2ih section Of the act provides that airy
person "who shall procure aud advise or assist IN
the doing or perperaon Of any of the acs or crimes
by tbs act forbidden, shall be subject TO the same
penalties and punishments the persons arc subject
to, who shall actually do perpetrate any Of the said
, acts or crimes ," &c.
s These are the provisions Of law which pertain to
the subject; from which clearly appears that is
unlawful Tor any person to post, matter that
IT be called an Express" or Agency" either 10y
land, by horse, or loot, IN stage, railroad car OF
by water in steamboat, other vesecl for the con.
veyapce Of mail mouer. %. That it is equally un-
lawful whether such person shall run his own vehi-
Gle, steamboat, railroad car, shall obtain the pri-
vcge to run the post express ia the stage, car
steamboat Of another; more especially if that other
I is mail contractor. The person who j. engaged in
this businesshe who aids, assists, employs such
person, the owner Of the vehicle all equally
. guilty Of violation Of law
1t is no part of my business TO defend and justify
the propriety of the acts Of Congress- made to pro
tect the revenue OF the Department If such task,
however, were imposed upon me, as Executive
officer, IT would not be of difficult performance.
In vain would the government hope TO derive a re-
venue for its support from an impost upon foreign
. merchandise, without laws 10 prohibit and punish