, 1859-12-12
s'1QcendtAfy Publications In the
mnfiR.


LETTER FROM PoSTAASTfR-GESRRAL HoYT.
Posrosr1cE DEPARTMENT December S, 1859.
Sir: am in receipt Of your letter Of the 2ad
inst, ia which, nfter referring to the opinion Of
the Attorney General Of Virginia sustainipg the
constltutlona!isy. Of the statute OF that state,
denouncing, under henry penalties, the clrcu~
lation of books, newspapers, phamph'ets, ac.,
tending to incite the slave population to iosuz~
rection, you ask to be instructed as to your
duty i'll reference to such documents should
they be received through tue mails for d!stribu~
t,on at the post-olice OF which sou have
charge.
The ssatute alluded to Is in the following
words:
vcn o. prntcd say baoI u oiher Mos viii iatens
advise or cline In Tits state 10 rebel make 5nsur
q ses x s 4
T5 e xaSs'at t.
thaa oEe nor 1nosc than i've ytats."
m a Sn sp1Ss :es
oee ae saa he noce Thereof TO some 1usss
e persons 10 @hom t ~ di.e:ted snI;cISed tSe;e5o5
L % M t pspssss & e
such PERSON to tau.
f ny postmaster deputy postmaster 7ioate this
ton. he shall be aned not exceeding s:0o-
The point raised BY your inquiry is, whether
this statute is in conflict with the act of Con-
gress regulating the administration Of this de-
partment, which declares that " if any postnaas-
Ter shall uuiawfu}'y detain in his Office any let
Ter, package. pamphlet or newspaper, with the
intent to prevent the arrival and delivery Of the
same to tho person or persons to whom such
letter, package, pamphlet or newspaper is ad-
dressed or directed, in the Usual course Of the
transportation Of the mail along the route. he
shall on conviction thereof, be fined III sum
not exceeding fire hundred dollars, and impris-
oned for 4 term not exceeding sir mouths, and
Ht,nI fkorn &1
Of bntdinE the otice Of postmaster III the Uni
ted States.
The question TINS presentedwas fully decided
By Attorney General Cushing in the case Of the
Yazoo City Postotlice. Opinions OF Attorney
Generals. vol. S, As9.) He there held that a
statute Of Mississippi in all respects analogous
to that Of rircinla ns cited, was not incons,s-
taut With the act of Congress quoted, prescrib-
ing the duties Of postmasters in regard to the
delivery of lnuil matter, and That the latter Us
good citizens were bound to yield obedience to
such stata 1awa. You are referred to the luul
nous discussion OF the case for the arguments
urged ty that distinguished civilian in support
Of the conclusion at which he arrived. The
judgment thus pronounced has been cheerfully
acqulesced in BIZ this department, aud now is
recognised as one OF the guides Of the adminis-
tration: The authority of Virginia to enact
such law rests upon that right Of self preser-
Vation which belongs to every government aud
auA WHICH uAa never uGEu 8uIEEuuEIEQ.
noriudeed can it be. Que Of the most solemn
constitutional obligations imposed Oh the fed
eral government is that Of protecting the s.ates
against "iusurrection" and domestic violence"
of course, none Of its inatruulentalities can
be lawfully employed in inciting, ercn ia the
remotest degree, to this very crime, which in-
wolves in its train all others, and with the sup
preston Of which it isespecial'y charged. You
must, under the responsibilities resting upon
you as an officer and as citizen, determine
whether the books, phamphlets, newspapers,
de-, received by you for distribution, are Of the
incendiary character described in the sta1ute;
and if you believe they are, then you are not
only obliged to deliver them to those to whom
they are addressed, but you are empowered and
required, BY your duty to the stute OF which
you are citizen, to dispose Of them in strict
conformity to the provisions Of tie law referred
to. The people Of Virginia mny not only forbid
the introduction and dissemination Of such
documents within their borders, but, if brought
there in the mails, they mag, BY appropriate
legal proceedings, b=ye them destroyed. They
have the same right to extinguish 6re.brands,
thus impiousfy hurled into tie midst Of their
homes und aitars, that d man has to pluck the
burning fuse from bombshell which is about
to explode ut his feet.
Tesy respectfully, your obedient servant.
]. HoLr.
Mr.. Cha,les a. orion. Postmaster at Falls
Church, Virginia.