Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1859-12-02
posT oyr1cr Avn ABOLITION DOCUMENTS

ton PUBLICATIONS. ~ we "ou'o 49, '"' az
tention Of every postmaster in Virginia, to al
o, whom wc send the &" Enquirer containing
this opinion.
The duty. they owe Virginia is paramount tt
every obligation. As federal officers and as goot
citizens, faithful to the laws of the State, aud
true to her institutions, we hope that none VIII
permit The My-"djng Cri.iS," viilainous
abolition publication, nor the New York LII
bune," y paper equally obnoxious 10 the laws
OF Virginia, to pass through their olhccs'-
Both Of these publications openly incuica'e re-
S~iS,ance TO the rights Of property OF masters III
,heir slaves: both advocate rebellion AMI IN
I siIrrcrtion. and both deserve the fire.
The ,aw from which the Attorney-"eher'
has quoted, we now print in foil. Va. '"ae'
Ch, lss. Sec. % and p provides that
"lf = free person write. print, or ca'i,e l" p'
written or printed any book or other "rlune'
with intent To advise or incitc negroes III tii's
State 10 rebel or make in>urrectlon. Urlnc'ic"''hE
resistance to the right Of property ni masters II,
their slaves, or ii he shall. with !.te!', I" a''
the purposes Of any such book or wriu'"'
knowingly circulate the SANE, hr sha!! ne COY
fined ia lie Pcni,cntiaiy not less thIT one non
more than five years.
section ~. II : postmaster or deputy
postmaster Know that any such hoax or DINER
writing has been received AZ his "iilcr III ''it
mail, ne shall give notice thereof 10 >o'ne justice,
/ who shall enquire into the CIRCUMSTANCES, ana
nave such book or writing burned IN h.> pre-
>eace; if il appear To him that the person 10
! whom il was directed subscribed therefor, Know
inc its character, or agreed To recciyeIt iorciTcil-
: l,lIon TO Md the purposes Of sboi!tionisiS, the
, ius,ic. shall commit such person t" jail. ii
any postmaster or deputy postmaster violate
. This section, he shall be lined lot exceeding
Two hundred dollars"
Letter from the Attorney General Of Virginia.
R,cHNoNn, Nov. 90, 1854.
S.r The question is suniiltted to me Tor
~. opininn as 10 the elect Q! Tie Law ol Nlr-
.inid upon the Distributor "i Anal! matter,
~I,,r. Il IS o. Al inccnGlary character. A
lr. ,pap,Y printed in the State o! Oti", propa-
.atlg abolition doc;rims,, i >,nt Il" person
/ through Il pr>,Utlicc in NlrS'r.:I. WHAT Is the
duty of the postmaster n tnr premises:
The las Of Virgins tod, .! Va. ch. Tvs,
: - provides, that If a postmaster or deputy
postmaster know that any sGch book 81 MI
;,us" referring 70 such a. advise or :;Icitt Ne.
-;o,s 10 r.;,e: or make in>:aIcc,i"n, or incul-
cat. resistance 20 the right a! property o: nha>-
tgr> in tt.uir slaves has been received NJ his
Office in tf.. mali. H.. shall slvc notice inert"i
to some Justice. who shat! rt'!uiTr in;1 i!.c cir
! cuIDstancc>. ami have >grh book or writing
burned in his presence II II appear IL hin
tl.,, the .er>un 10 w.ioi:. 1t was directed rdh-
>cribcd therefor, knpw'u. il: character, or
agreed 10 receive i, %. circulation I" All lhc
Purposes of aholi;ior.i>ts. liz" justice -faii CON.
iui, such person e ia!'. Ii any postmaster or
deputy postmaster violate Ga. sec'.".:, ae shall
bc fined not exceeding I've hundrei dollars.
This law is obligatory upon every postmaster
and deputy postmaster III IL, Commonwealth;
and it is his daty, upon being a"a:r stiat such
book o. wr:lin. Is received At hi> office, 10 no.
tify Il Justice Of the fact. tha; he may take TIE
proceedings prescribed N III" section 4uotcd.
hi, STATE law i en;irlly constitutional
an,i does not. i%l"pr!!y cor>'lr!r! conflict with
the federal Authority IN iae t>iahIl>hr'"1; oi
postoilite> and pos, roads, Ills ,cdr:a! power
to transmit and carry lnai! matter, docs not car
~ with II the power - publish or :" cil&l!fte.
This last j. 4 gfrat StJ,e power, reserved, and
absolutely Necessary to br maintained, ~ Il
security u L. citizens ana TO tticlr rights. II
iIr States ';ai surrendered tins power. II would
II these important particulars have hecn at the
mercy o. tItc federal authorities.
With tic transmission Of the M,Ii mater L"
the point a.! I;> reception, the fedora! power
ceases. At That po!rl. the power OF the State
becomes exclusive. " neither her citizen snail
receive the mail matter, Is i question cxc.H
>i:y!y ir hr: determination. Whether tc!
EJACULATION upon the subject l. OK : NOT proper,
Is Tor her decision aiorc. and 20 .r caG ..!!.
say II i!sg .oyrrs,sn r;g'; - snake i, CLOSETS
the do,4 /. c.,i, and ohJectinn.
it,, tr1r the postmaster - NJ officer "t Ia"
Federal Coo ...,I.t bat il; Is equally true, lie
i, = CITIZEN %. ;hc state. b. taking the federal!
Office, IA. can:.1t avoid his duty as a citizen !;
aid the obligation tv perform the duty "i ms
otiic., c.ni.ol an>olve l!m from obedience TO
the !lw u las Commensurate.
.NpI Will i!,.s be .ourrt 10 r"nli!yt. la"
STATE. ia the caSc supposed, holds the hans! "i
lrr ..tlHcH .;0Ir recclNIns what - sent 10 INN,
AID takes !; herself Va cirile" IA, TIE right
10 re Is, an Invitation 10 treason ,gtl"N' 'he
&C a.:nala o. has STATE; aud ii.. u" ',"!.'H"i2g
il, ard commanding It 10 lee hU:nei, ir:,'s 10
In. rj.nt ut The cit.4sn /" receive, hot "i III"
right OF the 'rdr?ui power 10 lral;%u'!i tn'i
carry lna.! lnalir; lntc;i,ird ior iI'iH, 81 h ho
DOG, ln. I"cc.cr. ONLY hrci't>r the !Aw OF irc
State ivrb!ds i.
| have 40 !,vs.,aliur n SAVING that any law
q; Congress. lmPsiIlng directly o! indircct'!!
has ls~>:.ti right .! the safe, y unc"nstltiI.
,louii; and thai tie penalty OF III" State ':S
would BE imposed uprn . postmaster "%iirnriin:
against 1t, though ir sirs..d P.c.'! ms "uty I"
obev such unconstitutional act "i congress.
Il there 10. Il conflict Therefore between the
postal regulations "! Congress and his law O!
Virginia, ii Is because the former hive tran
.,cr.ricd their true constitutional hunts, and
nav" uenchci upon the reserved rights -! liz"
State. Ia suci, u ca>r. ;be citizen, though 4
un,iinaSt.r, must tahr care ~ "hrr !,c lv:!tl
mate authority, D:d will not he exempt rom
the penalty 81 the State las, h. r'"t>"u of any
obligation 20 perform the d.tirS ID i federal
u,irr, wnic! are mad- 10 invade the reserved
jurisdiction ~ The state, in matters involving
her safety aid her peace.
l.; = cminc!,ly important t!:::t me ii"' :'!"nS
=: iIu ltw IN 4ueSti". should hr Ti-i'iiy All
l.crci 10 Ly I'll the p~cStmH>tcr> III III" state;
and that lie justices, 10 whose notice Tie 'Hni.
,el may he nrou-ht, should firin! cNe"ut" the
iaw, wherever a proper Ease presents Itself Tor
tAcir decision.
WITH high respect,
iuur obt scrY'L.