Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1859-12-01
ny YESTERDAY EVENINGS NAILS
letter from the Attorney General Of Virginia.

Letter from inc hLIOIuoy O0noieA "
RIcuAoND, Nov. 20, 1859.
S,R.-Tbe question is submitted to me for
an opinion as 10 the effect OF the law OF |ir-
ginia upon the distribution OF mail matter,
where il is Of an incendIary character
newspaper printed in the State OF OHIO, pro-
nagatinp abolition Doctrines, ~ sent Ia d per-
son through postotkce in Virginia. what
is the duty Of the postmaster III the premises!
The law Of Virginia Code Of Va, eli. l9S,
: 24) provides, that IF a postmaster or depu-
" postmaster know that any such book or
writing" referring to such AS advise or IN
cite negroes to rebel or make lnsurrecti"n.
or inculcate resistance to the right 81 pro-
nerty of masters in their slaves, has been
received AT his office III the mail, he shall
give notice thereof to some justice, VINO
shall enquire into the circumstances, and
have such book or writing burned IN his
presence; il it appear to him that the person
IL whom il was directed subscribed therefor,
knowing rts character or agreed to receive
it for circulation 10 aid the purposes 81 abo-
htioni,ts, the Justice shall commit such per-
son to ail. Ii any postmaster or deputy
postmaster violate this section, he shall be
fined not exceeding two hundred dollars
This law is obligatory upon every post
master and deputy postmaster IN the Com
mon ealth; and il is his duty, upon being
aware that such book Or writing ~ received
at his Office, Ia notify Justice OF the tact,
that he may take the proceedings prescribed
IN the section quoted.
This State law IL entirely constitutional;
and does not, properly considered, conflict
with the federal authority in the establish
ment of post Offices and post roads. Tins
federal power to transmit and carry mail
matter does not carry with II the power to
publish or Ia circulate This last Is great
State power, reserved. aud absolutely necrs-
sary 10 he maintained, is Il security u It's
citizens and to their rights. Ii the State
had surrendered this power, 1t would III
these important particulars have been at the
mercy OF the federal authorities.
With the transmission OF the mail matter
to the point of its reception, the federal power
ceases At that point. the power OF the State
becomes exclusive. Whether her citizens
shall receive The mail matter, is a question
exclusively Tor her determination. Whether
her regulation upon the subject is or Is not
proper, is for her decision alone, and no one
can gansayit Her sovereign right to make
it, closes the door to cavil and objection.
| Ii is true the postmaster is an officer OF
the Federal Governments; but it i equally
true he is IA citizen of the State. by taking
the federal office no cannot avoid his duty
ny II citizen: and the obligation to perform
the duty of his office. cannot absolve hun
/ from obedience to the law of his Common
wealth.
Nor will they be found to conflict. The
State, in the case supposed. holds the hand
I of her citizen from receiving what Is sent to
/ him. and takes it herself No citizen has
I the right To receive an invitation Ia treason
against the command of his State; and her
/ law forhiddng it, and commanding 1t To he
burned, refers To the right of the citizen To
receive not of the right Of the federal power
to transmit and carry mail matter intended
! for him, which he does not receive, only be-
cause the law Of the State torbidS it.
/ have no hesitation in saying that any law
of Congress. impairiug directly or indirectly
/ this reserved right OF the State, is unconsttu-
tional and that the penalty Of the State law
would be imposed upon postmaster offending
against it, though he should plead his duty 10
obey such unconstitutional net of Congress.
| Ii there be conflict therefore between the
postal regulations of Congress and this law
Of Virginia it is because the former have
transcribed their true constitutional limits.
and have trenched upon the reserved rights
of the State. In such a ease, the citizen,
/ through u postmaster, must take care to obey
the legitimate authority, aud will not be ex
empt from the penalty of the State law, by
reason ofany obligation t. perform the du.
lies Of federal Office which are made 10
invade the reserved jurisdiction Of the state,
/ in matters involving her safety and her
peace.
1t is eminently important that the provl-
sions Of the law in question should be rigid.
ly adhered TO by all the postmasters in the
! State; and that the Justices, to whose notice
the matter may be brought. should firmly
execute the law, wherever II proper case pre-
sents itself for their decision. With high
respect, Yomr ob'tsrrv't. }. K. TUCKER,
To THE GoyERSoR.
JUICE /. V. nAxIEL-Wear gratitied in
heiug able to state that Judge Daniel of the
| L. 5. Supreme Court, about whose serious IN
disposition al Washington city. much unea-
siness was felt by his numerous friends here
aud elsewhe e. has SO far recovered as to be
able to leuve Washington lie reached this
city Yesterday afternoon. Htch. Eng.
A public meeting was held at Liberty,
Bedford County, on Thursday, IN which res
lutions were unanimously adopted, con
iemnng the abolitionists at the North for
their agency in the lIarper's Ferry affair,
inviting direct trade with European ports.
and pledgng themselves to support mer,
chants who purchase their goods from South
ern houses OF import them direct, in prefer
ence to those who deal with the North; also,
rendering thanks to Gov. Packer OF Pennsyl-
vania, for his promptness in rendering the
fugitives 10 justice.
4 Meeting u the merchants Of Richpond,
was to have been held Yesterday, tn consider
the prapriety OF some CONCERT OF action in the
future direct importation of foreign merchan-
disc of all kinds to that market.
The gallows, at Charlestown. has been
erected on lot on the Southeast side Of the
town. The cross-strect running by the Court
House aud Jail, up hill. leads TO the place
of execution,
The Stanton Artillery, new volunteer
4. l. MI