The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-09-20

y
PRESS MAILs.-MuCh Misrepresentation has gone
forth, on the subject OF the opinion given in the
to which the following letters refer, and their
publication is but an act OF justice to the Post Mas
ter General and the distinguished Judge, whose
dictum in the case is considered OF so much import
ance:-
Posr OFFICE DEpARrMtNr,}
WARRINGTON CITY, Sept 3 1874 !
Sir The enclosed editorial slips from the Express OF
New York. will satisfy You Of the proprety OF my again
Of the United States vs. Kemble for violation Of post
Ace laws lately decided by you the Circuit Court OF
the United States in Massachusetts District.
In your private letter to me, you stated that you did
write out your opinion that you concurred in the
reasoning and the opinion OF judge sprague, who had
nothing more
You will perceive that the editers Of the Express per-
sist their statement upon what authority know not
that decided the acts Congress prohibiting private
mails &c Unconstitutional and that have been furnish
BY you with copy OF your opinion, which they de-
mand shall be published You know sir, this satemen,
to be false II is not my purpose to ask that you
sumo the labor Of writing out your opinion, as pronoun
ced the trial, the opinion you may entertain upon
this questions yet submtto the proprie,yo auhonz
ing else to that did net write
your opinion, that you furnished me with no copy
neither did you decide the OF Congress under your
adjudication unconstitutional deny to Congress the
exclusive power to establish post offices and post roads
The just weight Of your opinions IL felt by ALL and by
no than my seit and the imputations in the
press Of opinions not by you
are well calculated to mslead public sentiment on this
important subject
Allow me to renew the assurances Of my dsinguished
regard. c. A. WICKLiFFE
Hon. JosrrH sronY, Cambridge, Mass
CAMBRIDcE, Sept. 4, lsl4
Sir - have the honor to acknowledge the receipt Of
your letter of the ID instant this morning had be-
fore the publications which you enclosed and they
unknown to and unauthorized by me. Indeed SO
constant my judicial duties and exhausng, that
il had them should have silently passed them
without notice. as my time scarcely suces 10 enable
to dispose Of the cases constantly crowdng upon
and would be impossible er me TO correct the naccu
rate statements made in the OF decisions
without negecng other pressing and important duties
did not reduce my opinion &c writing in the post office
heard before at the late May of the Circuit
Court, in Boston, for the very that stated in my
former letter TO ysu that conceded in the opinion
Judge Sprague; and my opinion confined to the
very question decided by him. When the
first about 10 be argued knowing that the constitutional
ity OF the laws supposng them to prohibit private
presses had been argued large before Judge Sprague
suggested to the counsel that that point intended
to he argued should put the case Immediately in train
for the decision OF the Supreme Court without
dertakng TO decdeit II was waived unnecessary for
decision in the cases before me- and therefore neither
gued decided.
Since that time nothing has occurred before raise
the Question: and when called by other parties stated
to them, did to you, that had not written any OPT
Mon; and that upon application OF the Post Office Depart
nent had written 10 you and that all said TO you
to them, was that in Judge Spragues opinion
which involved decision upon the constitutional ques
ton.
can have objection that you should publish this let.
ter and former letter to the Department. II you desire
to do So But must say that II is extremely nconveni
well for 10 be called upon explain
qualify what the newspapers state to my DECISIONS
for have been long accustomed to know the naccuTacy
and Incompetence Of many Of the newspaper reports
At the time will bford sincere pleasure 10 fur
nish the Department with all the information in my pow
Of all the decisions made by me, which may in any
manner touch the public interests.
with the highest consideration and respect truly
your obedient servant, JOSEPH STORY.
The Hon. CHARLys WrcKLifFE,
Postmaster General, sc. sc.