The republic. [volume] (Washington [D.C.]) 1849-1853, 1849-08-07
THE REPU BLIC.
WASHIN GTON:
TUESDAY MORNING, AUG. 7. 1874!
POST OFFICE ESPIONAGE.

has given bonds to appear before the court
OF sessions, and produce letter in his
Office addressed to one John Edward
Thompson, which is suspected to con-
tain evidence tending to convict
Mr.. BARRETT of receiving incendiary
publications" to circulate in South Caro-
lima. The Charleston Mercury states the
issue raised by this affair in the following
words z Have the criminal authorities
of the State the right to compel the attend
ance of the agents of the post Office in
South Carolina to bear testimony as to any
crimes psrpetrated through the post Office
against tie State, and to bring and lay be-
fore the courts any letters in their posses
sion prov3ng such crimes?'
We aprehend that letter deposited
in the pest Office of the United States is
sacred against all the world, and that no
person, but the person to whom the letter
is addressed, Except under the dead-letter
provisions of the post Office acts,) and
no magistrate, State or Federal, can le-
gally viohte the sanctity of the seal.
The Practice of opening letters in the
post Office by the Government has pre-
vailed, tt great extent. in the despotic
countries Of Europe, where that Office has
been converted into an engine Of police.
1t was branch of the system Of espionage
for the detection and punishment of indi-
viduak supposed to indulge liberal views,
or to De engaged in enterprises hostile to
the Government. The power of examin-
ing letters has been exercised to danger
Gus extent in the English post Office, in
particular cases, under warrants from the
Secret,ry Of State but the legality Of
these warrants is denied to this day; and
it may well be doubted if any such power
exists N the law of England as has been
habitualy exercised by the Secretary Of
State in this behalf. Certain it is, that
the habit Of breaking seals has never been
introduced into this country, but is as
odious here as the practice of employing
spies, or the use of torture.
The pnctice in England of opening
letters by the authority of any of the sec
retaries of state, originated in an ordinance
of CRoMwELL's time. That ordinance
stated, strangely as it may sound to our
ears, that one of the main objects of the
establishment of the post Office was to en-
able the government to prevent wicked
and reasonable practices by opening the
letters of parties who were at the neces-
sity of communicating their designs to each
other in writing. That ordinance did not
give the Objectionable power to the Sec
rotary of State, but seems to assume, as a
matter of course, that he would exercise it
as soon as the post office was established.
1t is said that it was in this way, after the
passage of the ordinance, CROMWELL re-
ceived information that, on day named,
a letter from the king to the queen would
arrive in London, at the sign of the Blue
Boar The messenger described was ar.
rested-the saddle was ripped up, and the
letter was found, which suggested, among
other things, that CROMWELL well de
served halter
In a debate in the House Of Lords il
1914, both Lord CAMPBELL and Lore
DENMAN denied that the power in ques
ton was ever conferred on the Secretary
by any act Of Parliament. Lord DENMAr
said that it was assumed, was taken fol-
granted, and was supposed to have ariser
from that estate necessity" which hac
set aside the wholesome law of the land ii
other particulars, which had made thu
hdbeos corpus act so essential for the per
sonal liberty Of the subject; and which
was brought into question in another form
when general warrants were declared t.
be illegal and unconstitutional, by ont
and all of the English judges. Thi
assumed power in regard to the opening
of letters, his lordship said, was the as
sumption OF that state necessity, OF which
in fact, it was at that moment the onl,
, relic in England.
! If we seek for precedents for violating
the post Office in any Of the government
of Europe, we can find them in abundance
II would seem that they have all been il
the habit of examining the correspondence
of foreign ministers, as well as of othe
! foreigners, and of citizens, to an exten
{ till but lately little known among the PEG
!: pie, and in all respects revolving to on
: notions Of freedom and free correspond
a ence. All these governments have at va
E nous times abused each other for the prac
: tice, and disavowed it when detected, bu
n they have never hesitated to adopt it
> Frederick the Great was in the habit O
i opening not merely the letters of foreigl
o ambassadors accredited to his own court
> but even those of his own ambassadors
~