The Placer herald., 1863-07-18
usurpations in the Post Office Department.

the people to be the most useful in the com.
mon everyday affairs Of life, so also it is
one the duties of which are as plain and
strictly defined US are tie business transac-
tions OF shop keeper. No person connect
ed with the recei pit and distribution Of postal
matter, can, under ordinary circumstances,
mistake the duties. The proper execution
of the duties Of tue department, is essential
10 the freedom of the press, which makes it
the hand-maid of the American freeman.
For these reasons, it is a department peculi.
arly under the eyes and control of the peo
pie, essential to their welfare, the agents in
charge of which should be held and forced
to strict accountability in the discharge of
their duties.
The right and duties of the chisf or any
of the subordinate postmssters, are these
prescribed by acts of Congress in pursuance
Of the grant Of power, "to establish Post
Offices and Post roads," they aie not deriv-
ed from the Constitution.
/
era, and declare that she shall superintend
the business Of the Department in all the
duties which are or may be assigned to it,"
(Act Of March Sd, lSl5.) He is nothing
more than the agent of Congress the hand
by which it works its will AS further evil
dence thereof Congress has fixed by law,
what shall be transferable by these mails and
deliverable by these Postmasers.
THAT mauble natter. or matter properly
trausmtable 10y mail, shall be demed and taken
to mean all letters and newspapers and all maga-
zines and pamphlets periodically published in
regular series or in successive numbers at irreg
ular intervals, and all other written or printed
matter. whereof each number or copy shall not
exceed eight ounces in weight. .'-.fct Of March
Sd, 1910.
Having thus designated what shall be
maable matter, leaving nothing to the dis
creion, in this respect, Of any agent, Con-
eress, by the following acts, provides penal
ties, in order to secure the safe transporta-
ton and delivery of the same. BY the Act
of March 8, 1925, it is provided:
"Ihat if any person employed in any depart
ment Of the post office shall improperly detain.
delay, embcz2e, or destroy any newspaper or
shall permit any person TO open the like, or shall
open, or permit any other persons to open, any
mail or packet of newspapers not directed to the
Office where he is employed. such person shall, on
conviction thereof forfeit sum not exceeding
fifty dollars for each otfense; if any person shall
take or steal any packet bag or mail Of newspa-
pers from or out of any post office, or from any
person having custody thereof, such person
shall, on conviction, be punished by imprison-
ment'
And by the Act of July %, 1886, it is
provided:
THAT if any postmaster shall unlawfully de-
tain in his office, any letter, package pamphlet.
or news spaper, with intent to prevent the arrival
and delivery OF the same to the person or persons
to whom such letter. pamphlet, or newspaper
may be addressed or directed. in the usual course
OF the transportation of the mail along the route;
or if said postmaster shall, with intent as aiore-
said, give preference to any letter, package,
| pamphlet. or newspaper over another which may
pass through his Office, by forwarding the one and
retaining the other, he shall on conviction there
of, be fined in q sum not exceeding sooo' ana
be imprisoned for term not exceeding six
months; and shall moreover. be forever hereafter
incapable Of holding the office of Postmaster of
the United States"
In addition to the foregoing penalties en-
forceable in the Courts of the United States
every; lawyer will tell you that the Post
master who detains or destroys your letter or
paper is liable to a suit at law, in the Courts
of the State for damages In this respect
the Postmaster General enjoys no preference
over the master of the most insignificant
office in the country. The language of the
ACT is, "dny person employed an any depart
nae,,t of the post office, etc" 1t is therefore
| L. e, .,,;t hn
hands of the people, subject to no laws, and
liable to no orders, except those made in
pursuance of the laws made by their repre-
sentatves in Congress. If any such inter.
meddling is hal, the person directly guilty
must bear the responsibility, for no order
! coming from any superior in the Depart
ment or any other person will shield him.
Upon this subject, Amos Kendall in 1925,
at time when the New England Abolition
lists were insisting upon loading the mails
with incendiarv matter to incite lnsurrection
| iu States having laws prohibilory thereof
said
"Aftcr mature consideration of the subject, and
seeking the best advice within my reach, am
confirmed in the opinion that the Postmaster
General has no legal authority, by any order or
regulation of the Department, to exclude from
tue iiilllS SpcCieo VI maS"HiHcS' hV"NP"PNtS
! or pamphlets. Such power vested in the head
l of this Department would be tearully dangerous
and has therefore been withheld. ANY order or
; letter of mine directing or officially sanctionnG
the step You have taken woud therefore, be ut
terly powerless and void. and would not in the
slightest degree relieve you from its responsible
lity."
Hero then is the opinion Of a Post Master
General, every way desirous of finding some
authority for such orders and acts as are
very common among the agents of that
Department.
This is no oversight in the founders of our
Institutions but was the result of design,
and in conformity to that constitutional pro
hibition which says, Congress shall make
no law abridgng the freedom of speech or
of the press" 1t is mockery to say you