Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1876-09-23
States Rights.

States Rights.
Hon. Johu Randol ph Tucker wrote the
Following letter to MIR. Marcellus Emory OF
Maine:
My Dear Sir:-I fad that Mr. Blaine add
the would be Vice President Wheeler attack
the South through me Tor the opinion MIR.
Blaine exhumed Tor use against me in debate
ir April last.
AS it may do harm 10 your latitude send
you the following stateme /:
Attorney General Cushing 10 March, 1857,
decided the same question in the same Way;
see Sth volume Of Attorney Generals opinions,
| page 4S9. 1t is full and exhaustive aud goes
| fully as lar as did.
In November, 1859 1.-TWO and half years
latcr,) | gave my opinion. L enciosclt Tor such
use as you please.
Nv opinion was referred to Postmaster Gene
raj Holt enclose his opinion and lostluc-
| tions. 1t is full aod complete 10 its endorse
mcut of ny views.
Thus Gushing Whom President Grant nomi
| pated Tor Chief Justice and sent to SPAIN aud
| Holt, who has been judge advocate general 40
der Lincoln, Johnston and Grant, both able
lawyers aud not on our side, Endorsed by re-
publican administration, hold my view. Can
that party gainsay them!
Suppose the Federal Government allowed
obscene books to pass through mails! Can 1t DC
doubted that State might prevent lewd
| temptation to prostitution from gong into the
| haod of her innocent female child Could not
| the father forbid the postmaster TO oliver such
book or paper to his daughter? And would
not the postmaster be justlf by the depart
mept in obeyipg the father? Aud yet where
does the fatner's right to forbid come from?
| From the lac Of the State which makes him
the lawful yuarulau of his child's chastity.
| distinguish the Federal power over trans
mission from the State power OF rec 1)t'on.
Suppose there were no Federal postal system.
| The States could have one. Shall the postal
| power exercised by the Federal Government take
| from the State all its police power over health
! OF body and soul? Could yellow fever be scot
by mail, land must it be delivered and circulated =?
| Cannot the State law forbid il?
State quarantine is rccGgniz i, H0nOJStdnte
the con,n,rcia power of the Union. Shall the
| State have power 10 protect from disease OF the
body, and none to guard against disease of the
| mind aud soul? uone to prevent treason and
rapine, and assassination
The odum attached 10 sldrey colors the
opinion rs to the principle, which, when ap.
piled to other things, will be found TO be just
aud proper. Hrw as to liquor, under your law!
Must lquor be delivered by tue postmaster,
though Maine forbds it?
ln Ill Wallace ll3, the Federal power to tax
salaries Of State officers was rigldly limited by
the reserved right OF the State. See also II
Wallace 322; see also, as TO police power, II
Wallace 56S citing Gibbon vs. Ogdeu,9 Whea'
l, where Marshall Ia Fcderalist) states the dis.
tlnctlGn.
InlS Wallace 1873, Field Justice, held that
the police power oil tie State embraced all
regulations affecting the health, good order
morals, peace and safety of society; that all sorts
of restrictions and burdens we're imposed under
ii, aud that when these were lot 10 c0Dtilct
with any constitutional prohibition or fuDda
mental principles they could not be successfully
4ssaliuu IN Judicial tribunal.
The absurdity of all this clamor is palpable.
1t is an attempt through hatred OF slavery, to
des roy the institutional guards against the
invasion of all State rights. | am not surprised
at B aiDe. He will do anything to divert public
affection irum his personal sore But for Vince
Ter TO descend
You will please note that our law does not
au' horiz, our justice to enter the postothce or
disturb any mail matter, or interrupt the mail.
1t leaves the whole matter to the postmaster.
Mr.. Wheeler rechlessly speaks OF having
"heard defended the night Of Virginia justice
to detdm and open the mails of the United
States. NJ such law ever WIS passed 10 Viz
GINA, and no such opinion was ever defended.
The law made it the duty of the postmaster, if
he knew of such mail matter 10 his Office, to
give notice OF it to the justice. &c. The justice
acted under and after notice from the postmas
ter. He could not enter the Office or know of
the matter, uuess the United States postmas-
Ter Inform ID him.
Again 1t only applies to writing which in.
cites to iusurrecton by slaves. Papers discus
sing slaverv we're never ioterfered With.
Yours, J. R. TUCKER.
The SOUTHERN "PRovlNcEs. The follow.