Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1859-12-15
InCentiiary Publications la the Mail.


We invite attention to the following letter of the Post
master General, containing information highly impor
tant 10 Ostmasers and the public generally at the pres
ent time says the Washington Constitution:
Posi- OFFICE DEPARTMENT,
December 5, 1859.
Sir; in receipt Of your letter of the the I'd nst
which, alter referring to the opinion OF the Attorney
General Of Virginia sustaining the c0nsttutonality IF
the statute OF that State denouncng, under heavy pen
aes, the ccuiaton OF books newspapers, pamphlets,
&c. tending to ince the slave population to nsurrec
tion you ask to be instructed to your duty in refer
ence to such documents should they be received through
the mails for distribution the post office of which you
have charge
The statute alluded to is in the following words
SEC. %. If a free person write print, cause to
be written printed any book other thing with in
tent to advise nce negroes III this State to rebel
make surrection intoxicating resistance to the right
of property Of masters in their slaves, if he SHALL
with intent to aid the purposes of any such book or
writing knowingly circulate the same, be shall be con-
fined in the penitentary not less than more than
five years.
SEC. "a. II postmaster or deputy postmaster know
that any such book other writing has been received
at his office in the mall he shall give notice thereof to
some justice, who shall inquire into the circumstances,
and have such book writing burned in his presence
And if it appear to him that the persons to whom it
directed subscribed therefor knowing its character
agreed to receive it for circulation to aid the pur
poses of the abotonsts, the justice shall commit such
person to Jail.
If any postmaster or deputy postmaster violate this
section, he shall be fined not exceeding 5000"
The point raised by your enquiry is, whether this
statute is in conflict with the of Congress regulating
the administration of this Department, which declares
that " if any postmaster shall unlawfuly d3tain in his
office any letter package pamphlet newspaper, with
the intent prevent the arrival and delivery of the same
to the person persons to whom such letter. package,
pamphlet newspaper, may be addressed or dlrec-
ted in the usual course of transportation OF the mail
along the route ne SHALL conviction thereof be fined
in sum not exceeding five hundred dollars, and i'm
prsoned for term not exceeding six months, and shall
moreover be forever thereafter incapable of holding the
office Of postmaster in the United States"
The question thus presented fully decided by At
tOrney General Gushing in the OF the ZaZOo City
Post Office. Opinions of Attorney Generals, vol s,
1897 He there held that the statue of Mississippi, in
all respects analogous to that of Virginia ccd was
not inconsistent with the act of Congress quoted pre-
scrbng the duties Of the posmasters in regard to the
delivery of mail matter and that the latter, good cit
zens bound to yield obedience to such State laws
You referred to the luminous discussion OF the case
for the arguments urged by that distinguished civilian
in support of the conclusion at which he arrived The
Judgment thus pronounced has been cheeruly acquesed
in by this Department, and recognised OF
the guides of its administration. The authority of Vir
gnia to enact such law rests upon that right OF self
preservation which belongs to every government and
people, and which has been surrendered, In
deed it be- One of the most solemn constitutional
of protecting the States against instruction and
domestic violence of course none Of its instrumen
talties he lawfully employed 10 netting even in the
remotest degree to this very crime, which involves in its
train all others, and with the suppression of which it il
Especially charged
You must under the responsibilities resting upon yoU
as an officer and citizen determine whether the books
pamphlets newspapers &c. received by you for distrbu
ton OF the lncendlary character described ID The
statute and if you believe they are then you no
only obliged to deliver them to those to whom the,
are addressed but you empowered and required by
your duty to the State to which you citizen, t.
dispose Of them in strict conformity to the provisions
the law referred to- The people of Virginia may no
only forbid the introduction and dissemination of sucl
documents within their borders, but if brought there il
the mails they may, by appropriate legal proceedings
have them destroyed. They have the right to ex
tiDguish rebrands thus mpously hurled into the mids
of their homes and affairs that has to pluck tn
burning fuse from bombshell which is about to expod
at his feet.
Very respectfully, your obedient servent,
J. HOLT.
Mr.. CHARLES A. ORION,
= Ea Vo