New-York daily tribune., 1858-02-17

have been wrppg in his opinion. what then
But az this view Of the matter would not
have led to the conclusion demanded OF
him, Mr.. Attorney General Cushiog took csre
lot 10 take it. After the example OF other con-
Jurors aud mOuntebanks who exhibit for hire,
he resorts 10 the trick Of deXterousy substituting
one question for another BE states the question to
be- "Has scitizen ofo ofthe Uoted States Pensry,
"ndisputable right to employ the functions aud the
6 officers Of the Union as the mesns of enabling
him 10 produce insurrection in another OF the
United States Can the officers OF the Inlon
lawfully lend its functions to the citizens OF one
of the States for the purpose of promoting insur
"rection in another State" Having put the
question into this seemingly WY shape, the elo-
oueut and learned Attorney blszes and argues
away through two or three columns to establish the
negative; but as occasionally happens to other
copiurors, the trick 10 this instance iaus'
and the final reeult to which the Attorney
comes IL, that q citizen Of one Of the States
does possess the plenary. indisputabe right to em-
ploy the functions and the officers of the Union as
means Of enabling him to produce insurrecton In
another State All that is necessary on the part OF
such potters to compel the Post-Ofiice Depart
rnent 10 aid them in their Vaccinations is to send
their seditious and criminal mail matter sealed
up and to pay letter postage upon it. Ihe dis'inc
tion which this opinion undertakes TO draw DE-
tween matter transmitted through the mail un'
sesled and that which lie sealed goes TINS e"re
length. According to our thmble-riggng AT
torrey, every Deputy Postmaster is to DC pre-
.um.d 70 know the contents and the precise char
acter whether criminal or innocent, OF all unsealed
matter passing through his office, and is therefore
TO be responsible for its contents; presumption
which he thinks does not apply to the case OF sealed
matter. which he states the Deputy is presumed
not to know, and which he has no business TO in-
oure into or challenge. But in making TINS DIS
tincton has Mr.. Cush ng duly considered the heavy
addition he il making to the duty of Deputy Post
msstersl Can it really be their duty to make
themselves acquainted with every single line OF
unsealed matter that passes through their offices
and duly to pass judgment thereon as to the ten
dency of anything therein to stimulate to the vlo-
laton of any of the laws of the State' Ii news
paper contains lottery advertisements, which the
laws of the State forbid, can Postmaster be pros
ecuted as publishing them, because he delivers the
paper in which they are contained!
To attempt to shift off such responsibility upon
Deputy Postmasters is both mean and cruel. If it
rests anywhere it rests with the head Of the De-
partment. Ifthe Post, Office Department, according
to the law laid down BY Mr. ex-Attorney General
Gushing, is to be supposed to know and is to be
held legally responsible for the contents of all the
unsealed printed matter circulated through the
mails, then the Postmaster. General ought to pub
lish, monthly, weekly or daily an Index Expurga-
torius-one for each State-for the use Of his
deputies, in which should be act down the titles OF
the newspapers and publications which they are to
refuse to deliver. As Mr.. Gushing, though anxiously
ready to serve the public in any capacity, however
humble, is at this moment without Federal employ.
nent, we would suggest that, with perfect safety
to the slaveholding interest he might be appointed
to the Office Of editor of the said Index.