The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-12-08

IMPORTANT FROM WASHINGTON.
THE PROCEEDMGS OF CONGRESS.
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Exciting Debates I'm Both Houses On
tho Impending Crisis.
II ~-~>~>r~D~~~~~~~~~~~-
The Southern Democrats and Northern
Republicans Defining Their Positions.
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Another Unsuccessful Ballot for
Speaker Of the House.
Important Decision Of the POST
master General.
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Inssndiary Newspapers aid Documents Inter
dicted at the South.
Meeting ofthe National Democratic
Committee.
The Charleston Convention 10 Be Held On
the 2sd Of April,
&s., Ae., ~


Our Special Warrington Despatch.
WASHINGTON, Dec Z, 1852
seuuos OF I'm rosrMAs1xR GENERAL RESTRICTING THE OR
SHAnoN MCxlIDLAxY PUBLICATIONS. At TIE SOUTH.
The Postmaster hera has received letter from the
Postmaster Of F& Church, Virginia. in which, after
Ssrrng to the opinion Of the Attorney General Of vhgna
Sustaining the constuonay Of the statu Of that State,
announcing under heavy penalties the circulation Of books
newspaper pamphlets, &c. tending 70 excite the slave
population 70 nsurrecon be asks to be instructed to
his duty IN reference 10 such documents should they be
received through the mails for distribution at the Office o.
which he has eharge
7e following 10 the opinion Of the Attorney General Of
Virginia. n,.,,..r. Y.u >. ,sxo
SrR--The question Is submitted to for opinion as
10 the effect Of the law of Virginia upon the distribution Of
newspaper printed in the State Of Ohio, propagang abo
nt,on doctrines is sent person through Post Office in
Virginia What is the duty Of the Postmaster 10 the
The law Of Virginia (Code OF va chap. 1ss, sec. a.
provides that "n postmaster or deputy postmaster
know that any ouch book writing (eierng 10 such
adyse or incie negroes rebel make nsurrecon or
ncucate resistance to the right Of property OF masters
tsh sayes has been received a. his office in the ma,
quire into the circumstances, and have such book
writing burned in his presence; it appear TO him that
Knowing It's character, agreed TO receive for
on to aid the purposes Of abocnists the Justice shall
commit such person TO jail If any Postmaster or deputy
Postmaster violate this section, he shall be fined
eeeding two hundred d0llara."
This law obligatory upon evcryPostuascr and de-
putty Postmaster in the commonwealth and it s his duty
upen being that such book writing received al
mis- cfce TO notify justice Of the fact that may take
the proceedings prescribed in the section quoted
The State law s entirely constitutional aud doos not,
properly considered conflict with the Federal authority
IN the establishment of Post Offices and Post roads This
not carry with the power to publish or to % circulate late
This last s great State power reserved and absolutely
necessary y be maintained as security TO It's citizens
and 70 their rights II the States had surrendered this
pvwer would in these important particulars have been
nt the mercy of the federal authorities
With the transmission Of the mail matter to the point of
ls reception the Federal power ceases At that point
The power of the State becomes exclusive Whether
citizens shall receive the mail matter Is question excu-
siyely tor her determination Whatever her regulation
upon the subject for her decision alone and
gainsay IT, Her sovereign right to make 1t closes the
Il 4 true the Postmaster officer Of the federal gov
ernmeut but equally true he is citizen OF tho atae
ezen: and the obligation to perform tho duty Of his
sce cannot absolve him from obedience to the lAws Of
his Commonwealth, nor viii they be found to conflict
The State IN the supposed, holds the hand or her
citizen from receiving what s sent TO him and takes
herself No citizen has the right TO receive invitation
10 treason against the commands Of his State, and her
law forbidding and commanding to be burned refers
the right Of the citizen to receive not TO the right Of
the federal power to transmit and carry mail matter in
tended for him. which he does not receive, only because
the law Of the State fcrbids il.
have no hesitation in saying that any law Of Congress,
stac Unconstitutional and that the penalty Of the State
law would be imposed upon Postmaster offending against
IT, though he should plead his duty to obey such uncon
If there be conflict, therefore, between the postal re-
guatons Of Congress aud this law Of Virginia. it because
the former have transcribed their true constitutional
State La such the citizen, though Postmaster must
take to obey the legitimate authority and will be
exempt from the penalty Of the State law by Of
any obligation to perform the duties Of federal Office
which are made TO invade the reserved jurisdiction Of the
State in matters involving her safety and her peace
in question should be rgdy adhered to BY all the Post
masters in the STATE and that the justices 70 whose notice
the matter may be brought, should firmly execute the
aw Whenever proper presents itself for their de-
u ,5sss43 A l j. R. TUCKER
10 the letter Of inquiry from the Postmaster Of Falls
Church the Postmaster General replied as follows:-
PosT OrncR DEPARTMENT, Dec 5. 1850
I in receipt of your letter Of the ID instant In
which, after referring tho opinion OF the Attorney Gene
raj Of Virginia sustaining the consttutonaty Of the sta
tte Of that state dcnonncDg, under heavy penalties the
circulation Of books newspapers pamphlets &C., tending
70 incite the slave population to insurecton you ask to
ents should they be received through the mails Tor din
Eibuton at the Post Office Of which you have charge
The statute alluded to ID In the following words--
- s Or s s, & s % e sa = .s. e w
c1 negroes In this State TO rebel or make insurrecon
l. IL s "a Z. q u s saT
sn os aop s % sn
. r. deputy that
man, hs ahsh notice Sereof Justice who shai In
So1ssd - Ara sppssr hin ne per- ps1
such l s
any postmaster deputy pos.asssr violate this section,
he shah 30 fined not escesdng s2oo.
IS in conflict with tho act Of Congress regulating the nd
nistration Of this Department, which declares that elf
any postmaster shall unlawfuly detain in his Office any
70 prevent the arrival and delivery Of the same TO the
person persons TO whom ouch letter, PACKAGE paul
phet or newspaper may be addressed or directed in tho
usual course OF the transportation OF the mail along tho
route, he shall conviction thereof, be fined in sum
not exceeding five hundred dollars, and imprisoned for
torn not exceeding months, and shall moreover be
forever thereafter incapable Of holding the office Of post
master in the United States"
The question thus presented was fully decided by At
sorney General Cushing in the case Of the Yazoo City
Post ONCE (Opnions Of Attorney Generals, vol s. 4s9
ne hcre hold that statute Of Mississippi, in all respects
ist mt with the act Of Concross Quoted prescribing the
Guuss ol In regard to the delivery Of mail
s sd that the latter good citizens, bound to
me luminous discussion Of the case for the arguments
urged ny that distinguished civilian in support Of Che
nounced has been checrfuy acquesccd In bv this enart
Men and IS now recognised one OF the guides o its adj
law rests upon that right Of self Avs ch s'
longs to every government and people ana wh,cb
mas never Deen surrcndered nor indeed can Il bn Sro
Of the most solemn constitutional obligations imrooa
the federal government that Of protecting tie s,ana
against "insurrectioh' and "doYresc vlolance, ~
COURSE none Of ts instruraentaties cnn bs In vfu,
employed IN melting, even m the ren,otest do. :
gree, to this very crime, which involves In its
train all othcrs, and with fhe Suppression Of
which 1t ID specially charged you mrst under
the responsibilities resting upcn you as an othccr
and rs citizen, determine whe.berthe books ranrh hei
newspapers &C. received by Won for dstribri are ~
The ncndary character described the statute; and Il
you believe they are iaen you not only Obliged to
deliver them TO those 10 whom they addressed b.,
you empowered and required by yoar dutv 70 the
State Of which yon are czen, disrosc Of them in
conformity TO the provisions Of the law referred In
NM ant rJ,f