The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-12-01
NEW YORK HERALD, THURsDt.T
Na frSrd m TINS c''y ''o'. -, win DO found

u
- n,erd IN this city from Charleston ,n :. ,,r,a
Interesting
To sys yop some hea ~ h"s =. ~ ,n,,..
K sn ". e ss' nss aar S s II
PCS. s s.w AZ. M e. the "a. rS sssa
me-. .r a. ecs quart mounting IN regular form
q, . ss y, .ns .s r.a"rsa ever q. 2"
md sSass Ss VIII s
rossk, .rtremp'e'rs orsa.isd shrn he Vi ha,sos
Sns., r. Ms'scn cr ss orEss,ass masho
snf . We. and sss Ss ~. %
bsre very strong orsa.zs'ion foo. the
ssar V here i aecs' :. ss.- sI /" niaa: :,
link n.w there my good sA.sacts
hin. sa s s~ sSf s sg
Of anne Dsns me Of $ ont
jail, and 81 The for military gusrd he more
sn tho
% BENZ Is. sc s - mao. ~s u 5
really he hesr to-day Of such character that
The writer suggests the necessity Of having the Ar
BaLd Of Tins city sent on 70 enlven The mono,ony Of
camp lite. He says
Guard mounting reviews and dress psrades all
rea and asrstaSle The stale VIII surely get saes IN he
a nun equva an the money she called upon
and The slight additional charge of music not TO be
The band has been ordered of TO this even
ing III compliance with ibis suggestion.
Another meeting OF the democracy recently held
Tenth Logon" and the following preamble and resolu
lions Adopted
preference x he promaen. rsnemeu
he he anS % sSa .So
cate q State rights and the rights and interests Of the South
Resolved Thsth the decided opinion this meeting thu,
and deserves our Cordial and
Resolved That prompt orders of Gov Wise to the mia
Iecs,ng fo,ma.ion q lasnrrec'iOa At HARPER.
danger Is gusrsnes he WIN BE- always ready to act on
any great emergency as satesmsn or solder and that his
Resolved, That our first choice for next
p dency Of the nea States
ton BY the Charleston Convention win crown the democratic
plrty with glorious victory In leo.
RICHMOND, Va. Nov %, 1850
Inerdt upon the Delieey from The Mails Of ne hesc Fork
Tribune and other Abolition Papas-0psnioa Of he At
iorney Genera # Viyyinia upon Tie Straightforward
Willard, Of Indiana, in Richmond, &c.
postmaster the county OF Doddridge in this State
recently to Governor Wise asking information 70
what disposition he should make of such incendary
pal the New York 7pbue and others of that stamp
from Ohio, rece we'd in that county. The Governor
f-red tie matter 70 John Randolph Tucker, Esq, the
itutionn lawyer in tho commonwealth, for his
opinion. Mr. Tucker examined the subject very care
fully, and, viii be by his opinion, which here
with transmit disposed satisfactorily Of the apparent
ct Of jurisdiction between the State and federal author
ties involved in this question:
RcHxosD, Nov. 20, 1859
SIR-The question is submitted to for opinion
to the ell ct Of the law Virginia upon the distribution Of
mail matter when il is Of an ncendiary character. A
newspaper printed in the State Of Ohio propagang abo
in Virginia What is the duty Of the Postmaster in tho
premises9
provides that If postmaster or deputy postmaster
know that any such book writing eferring to such
advise incte negroes to rebel make insurrecton
ncucae resistance to the right Of property Of masters
their slayes) has been received at his office the mall
he shall give notice thereof TO some justice who shall in
qure into the circumstances and have such book or
writing burned in his presence; appear To him that
the person to whom was directed subscribed therefor,
knowing its character agreed 10 receive for circu
commit such person TO Jail any Postmaster deputy
Postmaster violate this section, he shall be fined not
ceedng two hundred dollars"
This law is obligatory upon every Postmaster and de-
putty Postmaster in the commonwealth; and ID his duty,
Ssg aware ns e 90 Of wh
the proceedings prescribed in the section quoted.
pronerly CONSIDERED % Conflict with the Federal anor.s
IN the establishment Of Post offices and Post roads This
Federal power TO transmit and carry NAH matter, does
not carry with il the power TO publish circulate
This last great State power reserved and absolutely
DO maintained rs security TO its citizens
and 70 their rights. If the States had surrendered this
power IL would In these important particulars have been
at the mercy of the Federal authorizes
With the Transmission Of the mail matter 10 the point OF
ITS reception the Federal power censes At that point,
the power of the State exclusive Whether her
shall receive the mail matter, is question exclu
siveiy for her determination Whatever her regulation
upon the subject is for her decision alone, and
gaiLsay H. Her soveregn right to make Il, closes the
door 10 eavil and objection.
II is true the Postmaster an officer Of the Federal gov
ernnen', but s equally true he is citizen Of the State
By taking the federal Office he cannot avoid his duty
ciizen and the obligation to perform the duty of his
office cannot absolve him from obedience to tho laws Of
The 10 @ or wm UI S hand OF @
citizen from receiving what ia sent to him and takes
herself No citizen has the right TO receive invitation
against the commands OF his State and her
law orbiddirg and comman ding 1t to be burned refers
to the right of the citizen to reoeive not to the right Of
the Federal power transmit and carry mail matter in
tended for pirn which he does not receive only because
the law Of the State foYbds it.
have hesitation in saving that any law Of Congress-
iparpg directly indirectly this reserved right Of the
State Is UNCONSTITUTIONAL and that the penalty OF the State
law would be imposed upon Postmaster offending against
it. though BIO should plead his duty TO obey such uncons
: tutonai act Of Congress
If there be conflict therefore, between the postal re-
gulaons Of Congress and this law OF Virginia. it is be-
the former have transcended their true co1stu
tional limits, and have trenched upon the reserved
rights Of the State In such the citizen, though
Postmaster, must take to obey tho legitimate
thorjty, and will not be exempt from the penalty Of the
State law by reason Of any obligation to perform The du
tics of federal Office, which made to invade the
served jurisdiction Of the State involving
safety and her peace.
Ills erninenty important that the provisions Of the
law in question should be Igdly adhered TO by all he
Postmasters in the State and that the justices to whose
notice the matter may be brought should firmly execute
the law whenever proper presents itself for their
decision. With high respect, your obedent servant,
j. R. TUCKER.
For THE GOVERNOR
Governor Willard, Of Indiana, arrived in this city
Saturday last. He had interview with Governor Wise
today, as is supposed in relation the pardon Of his
brother in law Cooke. have TO think that his
efforts In that regard will prove entirely unavang There
is not the slightest hope Of pardon for any Of the convcs
MORE OF THE FORBES CORRESPONDENCE
NEW YORK; jan 30, 1858.
10 THE COMMITTEE OF 7m BRITISH AND FoR1uGs Ayn sLA-
VERY SOCIETY, LONDON
GKs1xnS-Though tho wrong complained Of was not
committed by your society, and although the subject be
not according to article 8, Of strictly "pacac charac
ter, nevertheless, as the circumstances detailed affect
the interests Of the anslavcry cause, and as an English