The southern press. [volume] (Washington City [i.e. Washington, D.C.]) 1850-1852, 1852-01-31

case with this law-that its execution was not
left to the heads of departments. But the Pres
ident persisted. On rising to leave, he suggested
to US to present him our views in writing This
we afterwards did in paper reviewing at some
length the whole case, and which we will pub
ish in the due course of this controversy.
Some time afterwards, probably in the latter
part of August, the Secretary of the Treasury,
Mr.. CoRwIS, returned to the capital from the
West. We presented the application to him.
He said he would refer the question of law to
Judge BIBB, formerly Secretary of the Treasury,
and then in the Attorney Generals office acting
in the absence of Mr. CRiTTENDEN. Mr. BlBB
promptly overruled the Secretary of the Navy,
and decided that the paper having the largest
number of subscribers in the aggregate, regard
less of particular editions, was entitled under
the law to the printing And Mr.. BIBB has long
been distinguished jurst, and Mr.. Secretary
GRAHAM never was. But the Secretary of the
Treasury hesitated, and we awaited the return
amined carefully, deliberately and fully the whole
question, and he also overuled the decision of
the Secretary of the Navy, and asserted the right
of the paper having the largest aggregate number
Of subscribers to this printing under the law.
Mr. WEBSTER also said the same thing--said
that the only question was as to which had the
largest aggregate number of subscribers of the
several editions. We applied then to the Post.
| IL
promptly against US, without giving a reason,
except that it did not appear, from the terms of
our application, that we were entitled to the
printing. We called at his Office, and, on exam
ming our letter, he determined to examine the
case. He did so-aBd such an examinations!
He invited the proprietors cfthe Union and In
| tellgencer to present nep Gtidarits when several
months had elapsed, although it had been the
usage of the several Departments in such cases
to take the original affidavits made TO the first
Department as the bass-and although we had
called at the other Departments, after applying
to the Navy Department, and rendered them
then either separate afidavits or offered to abide
by thosej submitted to that Deparment-and
they, including the Post Office, had agreed to
adopt the affidavits rendered the Navy Depart
ment. Well, the Union and Intelligencer put in
new affidavits, of later date but from them it
appeared that the Intelligencer only was few
hundred ahead of the Press; but the Union re.
manned behind. The Postmaster General then
raised other difficulties. He admitted the Ma
tional Era then to come in as party, although
our application had been made in June, and il was
now October. He admitted an sfidavit or q
statement, from the Union Office, that the writer
had herd that many of our papers were sub
scribed for by single person, and all such
trash But all would not avail him. He was
determined to decide against us, and after much
delay, he did so decide-in our recent absence,
and without giving a reason. On our return, we
called on him 10 give us the reason, if not
incompatible with the public service. He
said that the reason was, that according 10
The decision Of the Attorney General, the
NSaaal Era would be entitled to the print
ing in preference to us, as it had larger
aggregate circulation. But the National Era is
only weekly paper, and cannot advertise-when
the government has many adveriisements-such
as Proclamation against Fillibusters-that must
be inserted Immediately, and cannot wait week
for the National Era to appear, as in that time
Cuba might be taken. And for this very cogent
reason the National Era v as excluded long ago
on its application, and yet II was permitted to
come in and contest ours
We have called several times on the Secretary
Of War. Once he was otherwise engaged Yes.
erday we called on him again, and stated the
points on which we relied, in order that IL over.
ruled, we might not have the trouble Of further
proceeding. Although declining 10 decide de.
finitely, he said he was under the impression that
he would decide as the other Secretaries had done,
but perhaps not for the same reasons. lie thought
tina; the law did not design to give the printing
to sectional paper. This was enough for us.
The law may not have so designed. The law
may be wrone-perhaps II ought to be altered.
! But IL is yet The lapl And here is Secretary
OF law.loving, law.abiding Cabinet, a faithful.
execution of the. law.C abinet, who thinks tina,
circumstances have altered, and virtually decides
TO suspend the execution Of a law.
And now we have come 10 this Here is
law in the plainest words Of the language. A
pettifosgiug attempt is made to evade il by a
Secretary Of the Navy. He is oyerruled by the
highest law.oficer ofthe government. But the
law continues to be disobeyed ana evaded, and
tLa fact IL hyouoht IN Tho tnowIad,,o os Al.