Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1860-01-26
g WY
o. L. VALLANDIGHAH.
HoUsE OF REPRESENTATIVES,,
Washington, D. c., Jan. 9th, 1860.

HoN. J. HoLT,
Postmastsr-General,
Sir The Rev. John Lawrence, editor OF the
"RslgiOus Telescope" published in Dayton, Ohio,
and within the District which l represent aud the
city where | reside, has advised me that the paper
above named, a religious paper advocating the faith
and practice Of the Omitted Brethren in Christ"
10 no longer delivered to its subscribers by the
postmaster at Lunsy'S Greek, Hardy county, Vir-
GINA, but is Committed to the flames" He asks
me to solicit the intsrpOsition Of the Department
10 redress what he complains Of az grievance.
The Tssseope, though G~HtsLdvsry in sentiment when
the subject is alluded TO, 10 not an AntislAvery
paper, and 10 not As | am informed and believe,
'inesndisry" in its character in any respect nor
directly or indirectly "insurrectionAry" in its
t~eashing. Certainly every State has the right TO
protect itself, by all constitutional and just means,
from insurreotiOn and domestic violence. Il has Q
right, by police lAWsand regulations, to secure the
health and property, guard the morals. and insure
the peace Of it's citizens. Congress and the Courts
Of the United States have repeatedly reCOgniIsd
this right. Zach State may also in the exercise
Of this right determine by law what are 'ineendi-
airy" publications, tending to excite servils or
other Instruction, aud adopt such measures, not
inconsistent with the constitution, laws and treat
les Of the United States, as it may think proper
20 prevent their introduction or circulation. This
was assumed or conceded by Calhoun, Clay, Web
ster, and by every other Senator in the debate up
on this question in 1886. But admitting all this,
| suggest that an sbuse, in his official capacity, By
a. officer Of lie Federal Government Of authority
derived from a State law acting upon him rs a
citizen Of the State, though The law be strictly
constitutional aud necessary, is clearly remSdiable
by the power whence he derives his appointment.
II, "under the responsibilities resting upon him
- an Officer and q citizen he is to Determine
whether the books, pamphlets, newspapers, SC,
received by him for distribution are of the inesn-
diary character described in the Statute" does il
not follow that an appeal lies from the subOrdi-
nate to his superior TO review the decision, and,
subject to final adjudication by the Slate and
FEDERAL Courts, to interpret the State law under
which he Gcts2 II not, then the most fragrant
abuses and usurpations Of authority may with
immunity be committed by inferior, and, it may be,
irresponsible officers, in the discharge Of official
duties under the General 0overnment; and these
uSurpAtions and abuses not be confined TO the
mail service alone. Under cover Of executing
State police regulations, and State laws, guarding
against insurreGtion, or mischief Of any sort
would it not be in the power Of other Federal Of
fesrs to disregard the laws of the United States in
other rsSpsots2 II the Federal Executive can moi
intervene to supervise or control the action Of
its own subordinate officials, may they not be used
BY the States as instruments whereby to nullify
the laws and eIpel the authority Of the Federal
Government ilself1 II subject exclusively Il
State control in the delivery, BY pOStmAsterS, Of
mail matter, Why net also in the transportation o.
the mail by mail carriers and il in both thes,
particulars, or in either, why not, also, in thu
rendition Of fugitive slaves, by controlling, under
PrstSIt Of preventing kidnapping, the United
States mArsbalS In the several Statss2 IL not THU
. doctrine fraught with danger to the peace anC
harmony of the CORfsdsracy2 But, surely, tn,
Government Of the United States has a right, anC
10 bound, to see that It's own officers, in the s1sr
else Of official powers conferred upon them by TIL
FEDERAL constitution and laws, shall not, ct tu
least be permitted TO abuse eyes the just and con
stitutional dutiss required Of them IS citiIena 0
State, BY State laws and regulations. By act o
Congress, in l79G, collectors and other reysnul
officers Of the United States, masters and crews 0
revenue cutters, and military officers commanding
upen the sss coast, are auth oriIed and required b
aid In executing the guarantees and health Law
o. the several States but "s tsy iAaH b dirsel
: cd hnsto tins, BY tie s~serstary cftAs Treasury,
Congress has passed no Sinilar statute in tbs cas-
o. pusliehiions prohibited by any Of the Slater
bat II p~ostmastsrs act without such Law, and unds
ntais regulations alens, stHl their action muSt, i
my judgment, be subject equSlly to the supsryil
Zen aud control Of the Post-Ohies Department or 9
lhs Presldsst. Tbs eists nushOritiss sAd OhisiAl
era sHtjesi " course y 10 soBiFOl y ~ FsfAy
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