Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1859-12-08
1ncsndiary Publications IN the Mail.


We invite attention 10 the following letter
If tb. Postmaster General. Us Containing IN
formation highly important to postmasters
and the public generally at the present time
PosT UtrIcE DRrARrSESr.
December ). 1859.
SIR: am in receipt of your letter Of the
n instant, in which. after referring to the
opinion OF the Attorney General OF Virginia,
sustaining the consritutionality OF the statute
OF that State denouncng, under heavy pen
altirs. the circulation of books, newspapers,
pamphlets, 81 tending u nclte the slave
population To iusurrccti"II, You ask Ia be IN
structed n to your duty, III reference %
such documents, should they bs received
through the mails for distribution ut the post
Office of which you have charge.
The statute alluded to is i'll the following
words:
"Src 90 If n free person write or print, or cause
t. h. written or printed, any book or other thins
with intent advise iacitc negroes IN TINS Stato
to rebel make insurrertion, or intoxicating resis
lance 10 the right ni property vi masters IN theif
slaves or il he shall, with intent Ia all tue Pur
pose, Of any such book or writing, knowingly e'r-
culate the same he shall be confined in the penn
Tertiary not less than one nor more than h'e
years.
Ssc 81. II \ postmaster or deputy postmaster
know that any such book or other writing has been
received at his office in the mail, he shall give no.
tice there" I" SOME justice. who shall ninre into
the circumstances, and have such book or writing
burned III his presence. And if II appears to him
that the person whom il directed subscribed
therefor knowing its character. or agreed 10 reoS'e
il for circulation aid the purposes OF aboitiOnists,
the justice shall commit such person to jail IL
any postmaster Or deputy postmaster violate tsis
section, he shall be fined not exceeding $500.
The point raised by your inquiry IS,
4 whether this statute Is IN conflict with the
act OF Congress regulating the sdmnlstra-
/ ton of this Department, which declares that
'.ifany postmaster shall unlawfully detain
in his office any letter, package, pamphlet
or newspaper, with the intent To prevent
the arrival and delivery Of the same to the
person or persons to whom such letter, pack.
age, pamphlet or newspaper may be address
ed or directed, in the usual course Of the
transportation Of the mail along the route,
he shall on conviction thereof, be fined in y
sum not exceeding five hundred dollars, and
imprisoned for term not exceeding six
months, and shall moreover be forever there
after inca pable Of holding the office Of post
master in the United States
The question thus presented was fully
decided by Attorney General Cushing in the
case of the iazoo City post office. (Opin-
ions OF Attorney General vol. :. 4S9.
| He there held that a statute If Mississippi,
in all respects analogous to that Of Virgin
in as cited, was not inconsistent with
the act of Congress quoted, prescribing
the duties Of postmasters in regard to the
delivery Of mail matter, and that the latter.
good citizens were bound TO yield obedience
To such State laws. You are referred to
the luminous discussion OF the case for the
arguments urged by that distinguished civ
ilan in support Of the conclusion ct which
he arrived. The judgment thus pronounced
has been cheeriully acquiesced in by this
Department, and IS now recognised as one
of the guides Of its administration. The
authority OF Virginia to enact such a law
rests upon that right Of selt-preservation
which belongs 10 every government and peU-
pie, aud which has never been surrendered,
nor indeed can it be. One of the most sol
cmn constitutional obligations imposed Oh
the Federal Government is that of protecting
the States against ''insurrection" and do
nestle violence'-of course, none OF it's in
strumennllties can be lawfully employed in
melting, even in the remotest degree. 10 this
very crime. which involves i'll its train nll
others, and with the suppression Of which it
is specially charged.
You must, under the responsibilities rest
my upon you rs al officer and M citizen,
| determine whether the books, pamphlets, new
papers, &c, received by you tor distribution.
are of the incendiary character described in
the statute; and, if you believe they are. then
you are not only NOT obliged TO deliver them
to those 10 whom they are addressed, but you
are empowered aud required by your duty
10 the State Of which you are citizen, to dis.
pose of them in strict conformity to the pro-
visions of the law referred to. The people of
F., Virginia may not only forbid the introduction
and dissemination of such documents within
their BORDERS. bat, if brought there in the
mails, they may, by appropriate legal pro
ceeIngs, have them destroyed. They have
the same right to extinguish FIRE brands,
thus lmpiousIy hurled into the midst Of their
homes and affairs. that man has 10 pluck
the burning fuse from bomb shell which is
! about to explode at his feet. Very respect
| fully, Your obtdcnt servant, }. Holt
! Mr.. CHARLES \. ORroN, Postmaster at Falls
Chmch, Va.
| VNHL BOARD OI PUBLIC WORKS OF EIk
/ L GiNlA, Gu planHuts, ~. William Selden,
| John " ithers, Lawrence p. Eayne, George W.
! CARLYLE Whiting uni Robert W. Latham, late
partner. under the hrm OF Scldcn, " lthers & Co.;
] William Bayne. John \. English, Willis +. Bo-
cock aud Andrew yiie, defendants: In Chancery.
/ In the Circuit Court ui Alexandria County, No
I y"mbcr term, lsJ9, II appearing 10 the satisiac-
lr"n o the Court, that tn. com plninants have pro-
cee.ird III the mode prescribed by law, TO mature
/ their cau,r Tor hearing, de-, dc aud the Court
being 81 opinion that Al will be proper 10 order
! counts IN the ruuse, and without nov deciding tho
questions which may he raised by the pleadings or
I the proofs hereafter to hu taken, but rcserying
turn lor decision upon the coming III of the report
aud decree. that n Master Commissioner Of tins
Court, do proceed IL ascertain and report the fol
! lowing matter, Of account:
/ |. What amount Is due upon a settlement 0f the
accounts. between the colnplninant- aud the late
| firm OF Sclden Withers 4 Co., referred 10 in the
! bill, and proceedings III this cause.
=. What balance II any, u III the hands OF the
/ defendants, English and Bayne, Trustees under
i the decd of trust oil November %, 1854, from Sci
den. Wi!hers & TO, 10 thcm what assets convey
/ ed To them hy the SAID deed oi trust remain
cullected: the character and marketable. value of
/ such assets, and the probable amount which will
be realiEcd from The same: hut in stating said
count the said master not required 10 settle such
accounts n may have already been settled BY said
Trustees under the proceedings. in the suit pend