Southern patriot. (Houston, Chickasaw County, Miss.) 18??-18??, 1849-09-19
The POstO1ice Department
and the south

The Washington Reptile still
dWells on BARRErs case. and
arguesat length in favor of its former
i position. 1t quotes the action Of
/ Congress, in refusing 10 pass a bill
authorizing Postmasters on their
own view and inspection, 10 open
pamphlets or letters, in order to as
certain whether the are ofan incinci-
airy character, as conclusive against
the night Of a Court oil Justice in Z
State to compel a Postmaster to be
a witness in a criminal prosecution,
and produce in Court a letter in his
| possession against a criminal. With
! great respect to the high authority Of
| the government organ, we are IN
| able TO perceive any analogy between
| the cases. No one has supposed that
the subordinaies Of a mere agent to
carry and deliver letters, as the Fed
eral Government is, without any au-
.hority from the Post Office Depart
Iment or by law, can open letters or
documents That authority they may
not have, and yet they may be amc-
Unable 10 the criminal tribunals of
the country-not ordering them to
break open letters, but TO bring them
into Court, as the property Of a crimi-
Inal, who is accused Of crimes against
the State. The Republic seems TO
think there will be great difficulty,
even if the letter is brought into Court
by the Postmaster Of Spartanburg, TO
getati its contents. Il says:
with regard to the sealed letter
in the hands Of the Spartanburg Post
master, we suppose that nobody will
be very anxious to claim it; but if
any body should insist upon proveing
title to it, we epprehend that the
> Postmaster will feel it his duty 10 de-
liver it, II it should be produced in
Court sealed, we aPPrehend that the
| Postmaster cannot be compelled.
under any circumstances, to break
| the seal, or 10 give testimony as TO
the contents Of the letter. It would
be a novel employment for the learn.
ed Judge, that fbreaking letters open
TO search for testimony. No well ad-
yised lawyer will care about making
the e2perimot; and we are reallyuuilc
at aloss to imagine in what manner
the contents Of the letter can be
reached, after the letter itself is pro-
duced"
The Republic is right, in supposinr
that the Postmaster will not be- COM
PEELED to break the seal, and to give
testimony as TO the contents of the
letter. Allie will be called upon 10
testify is, that he, as Postmaster, re-
coived the letter, and produce it 10
the court What are the awful con.
sequences which will prohibit anv
well advised LAWYER from making
the experiment Of breaking open the
letter, or Why it will De a novel EN-.
| ployment for learned Judge to order
q letter to be broken open, any more
than a sealed commission to take
testimony we have not the slightest
idea When the letter is produced
into court, the Judge, we suppose,
will order it handed to the Prosecu-
ting officer to be used in the case
as he thinks proper. Suppose a man
| is murdered by knife and the knife
IS locked up in case in the hands
OF friend or agent Of the murderer.
On the case being brought into Court
would it be 4 novel EMPLOYMENT
in the Judge to order the case to be
handed to the Prosecuting Officer, or
the case to be broken open, in order
from the appearance of the weapon,
Chat the Jury mightjudge whether it
was ofthat deadly character, that, if
used in a fray, murder would be pre-.
sumed So in ills case, the letter
will be broken open, to prove by its
contents, the crime and the criminal.
His news to US, that the breaking
open of any thing-locks, doors, hous-
es or letters, TO detect or convict
a criminal-was any novel employ
ment" If snch expedients could
screen criminals, crime itself would
be no"noyel employmet but would be
Ia very general employment through
out the land. The Republic must
try it again, Its logic, no donbt, will
NEE. the appreciation Of the inmates
Iof a penitentiary, or an abolition
convertible, but it is rather undigni.
fed and out Of character in the great
Southern organ Of the Taylor admin
istration, which rode into power BY
its extreme zeal for Southern rights.