The national era. [volume] (Washington [D.C.]) 1847-1860, 1859-12-15

as possible. We are sorry to see Mr.. Pryor
assisting to stave off the exposure of corrup-
ton and rottenness" "Why are the people so
patient?" said he, year ago. and why slum
bers the Indignation of the Democracy" The
people will now echo back his Undergraduates
Why has he grown so patient, and why slum-
bers his indignation?
INCENDIARY PUBLICATIONS IN THE
MAILS.
The following letter from the Postmaster
General is important, as indicating the spirit of
the times. The clauses of the Virginia laws
quoted by Mr.. Holt and the validity of which
he admits, as against the laws of the United
States, are explicit in defining the nature of in
cendiary publications. They are to be written
with the intent to advise or incite slaves to in
surrection." But who is made the Judge ofthe
intent? Why, every postmaster and justice of
the peace in the State Under these clauses,
the National Era has been withheld from our
subscribers; and yet never since the paper was
established has it made an appeal or an argu
ment to slaves, or advised them to rebel or re-
sist the authorities which bind them. We have
never published anything of our own half so in
cendiary as the speeches of Pro-Slavery men
which have been scattered all over the South;
and Southern presses have always published
the most ultra AntiSlavery speeches by way OF
showing the enormity of " Abolitionism." They
seem to think that it is no harm to set fire to
their neighbors' houses, if it is only by way of
| Al &c "
shall see if the debates in Congress, which are
filled with "incendiary matter, will be sup
pressed in the South.
The Era has always addressed itself to the
reason and conscience of white men, it has
never appealed to slaves; and yet we have not
escaped prescription under this law of Virginia,
which Postmaster General Holt declares to be
paramount to the laws and Constitution Of the
United States By this decision all the post
masters and justices of peace in the Southern
States are constituted censors of the press
What an outrage is this upon Freedom and
civilization and nothing is gained by it, for
such matter can be circulated outside of the
mail. This letter of Mr.. Holt is but another
illustration of the remark Of the late Senator
Davis, of Massachusetts, that Slavery rules
everything in Washington"
! "PosT OFFICE DEPARTMENT,
! December, 8, 1859.
"SIR: am in receipt of your letter of the
I'd inst. in which, after referring to the opinion
of the Attorney General of Virginia, Sustaining
the constitutionaity of the statute Of that State
denouncing, under heavy penalties, the circula
ton of books, newspapers pamphlets, &c. tend
ing to incite the slave population to insurrec-
ton, you ask to be instructed as to your duty
in reference to such documents, should they be
received through the mails for distribution at
the post office Of which you have charge.
"The statute alluded to is in the following
words:
"'SEC. %. If free person write or print, or
cause to be written or printed, any book or other
thing, with intent to advise or incite negroes in
this State to rebel or make Instruction, or in
culcating resistance to the right of property
of masters in their slaves, or if he shall, with
intent to aid the purposes of any such book or
writing, knowingly circulate the same, he shall
be confined in the penitentiary not less than
one nor more than five years.
SEC. "a. IF postmaster or deputy post
master know that any such book or other wri-
ting has been received at his office in the mail,
he shall give notice thereof to some justice, who
shall inquire into the circumstances, and have
such book or writing burned in his presence.
And if it appears to him that the persons to
whom il was directed subscribed therefor,
knowing its character, or agreed to receive it
for circulation to aid the purposes of Abolition
lists, the Justice shall commit such person to
Jail.
elf any postmaster or debuty postmaster
violate this section, he shall be fined not ex-
ceeding 5000
er this statute is in conflict with the act of Con-
gress regulating the administration of this De-
partment which declares that if any postmas-
ter shall unlawfully detain in his office any let
ter, package, pamphlet, or newspaper, with the
intent to prevent the arrival and delivery Of the
same to the person or persons to whom such
letter, package, pamphlet, or newspaper, may be
addressed or directed, in the usual course of the
transportation of the mail along the route, he
shall, on conviction thereof, be fined in sum
not exceeding FIVE hundred dollars, and mpris-
oned for a term not exceeding six months, and
shall moreover be forever thereafter incapable
of holding the office postmaster in the United
I States
"The question thus presented was fully de-
cided by Attorney General Cushing in the case
of the Yazoo city post office. Opinions of
Attorneys General, vol. 8, 4e9.) He there held
that statute of Mississippi, in all respects
analogous to that of Virginia as cited, was not
inconsistent with the act of Congress quoted,
prescribing the duties of postmasters in regard
to the delivery of mail matter, and that the lat
ter as good citizens, were bound to yield ODE.
dience to such State laws. You are referred to
the luminous discussion of the case for the ar
guments urged by that distinguished civilian in
support of the conclusion at which he arrived.
The judgment thus pronounced has been cheer
fully acquiesced in by this Department, and is
now recognised one of the guides of its adj
ministration. The authority of Virginia to en-
act such law rests upon that right Of selfpres-
ervation which belongs to every Government
and people, and which has never been surren-
dered, nor indeed can it be. One of the most
solemn constitutional obligations imposed on
the Federal Government is that Of protecting
the States against instruction and domestic
violence '-of course, none of its instrumental
ties can be lawfully employed in melting even
in the remotest degree, to this very crime, which
involves in its train all others, and with the sup
preston of which it is specially charged. You
must, under the responsibilities resting unon
you as an officer and as a citizen, determine
whether the books, pamphlets, newspapers. &C.,
received by you for distribution, are of the in.
cendiary character described In the statute: and
if you believe they are, then you are not only
not obliged to deliver them to those to whom
they are addressed, but you are empowered and
required, by your duty to the State of which YOU
are citizen, to dispose of them in strict con.
formity to the provisions of the law referred to.
The people of Virginia may not only forbid the
introduction and dissemination of such dozen.
ments within their borders, but, if brought there
ma f1arv