Clarksville weekly chronicle. (Clarksville, Tenn.) 1873-1890, 1881-01-08
writing onNe1vspapers.


The Bangor Ne. Wing Of a re-
cent date published an item con-
corning lawsuit which was car
ried on by the United States Gov
eminent to defend the action of a
Syracuse postmaster who refused to
deliver a newspaper without the
payment of letter postage. The case
occurred during the administrator
of Col. William w. TealI as post
master of this city, under President
Polk, and under a law of congress
subjecting newspapers passing
through the mails, with writing on
them, to letter postage. A circular
from the Hon. Cave Johnson, of
Tennessee, then General
enj0ined upon all post-Inasters a
rigid observance of that law, and a
prompt compliance with therequire-
Inents Of his circular on that subject.
1t was in the discharge of this duty
by Col. Teall, and while enforcing
sofficisl' instructions from the De-
partment at Washington. that the
suit against him was commenced. A
paper, addressed to Miss FELTON,, a
niece of the late Charles L. Hicks,
then, or subsequently, clerk of the
county of Onondaga, come to the Of
flee, and, having writing on it, was
subjected to letter postage, which
Mr.. Hicks refused to pay. Col. Teal
therefore, instructed his deputy not
to deliver the paper. Mr.. Hicks
consequently rendered the usual
newspaper postage in behalf of his
niece, and demanded the paper
which was refused. Mr.. Hicks then,
as guardian of Miss FELTON,, a minor,
instituted the suitagainst Col. TEAL,
as postmaster of Syracuse. The case
was reported to the department at
Washington, and the return mail
brought an autograph" letter from
1 the postmaSter-genera thanking
Col. Teall for faithful discharge of
duty, saying he was the only officer
who had rigidIy enforced the law
and fully complied with instruc-
tions in his circular, and especially
assuring Col. TEAL the government
would stand by him to the last, and
defray all expenses attending the
litigation. Instructions were i'm
mediately dispatched from Wash
ington to the Hon. w. F. Allen,
late Judge of the Court of Appeals,
then United States Attorney Tor the
northern district of New York, to
proceed to Syracuse and assume the
control and management of the case
in behalfOf the United States, which
he did. Miss FELTON, sued the post.
master in trover for the value of the
paper, and the case was tried before
Justice of peace, who held the pos
tai instructions Illegal, and conse-
quently gave six cents damages and
costs of 80 for plaintiff. The case
was carried by the postmaster to
the court of common pleas, which
affirmed the judgement with addi-
tioual costs of $22.95. FROM there
ii was carried to the supreme court
] of the state, which added $3.50 tC
to the judgment before rendered
and the postmaster then appealed
the case to the court of appeals
where the judgement was difirmel
with the additional sum of ST5s16,
making $I36. in all. Not satisfied
with this measure OF justice in the
state courts the postmaster went
with the case to the supreme courts,
of the United States, where it was
deliberately argued by Mr.. Seward
and decided by a very fabored
opinion of the court, affirn.
ing the finding of the otheE courts,
andrendering judgement according.
ly, but with what costs the record
does not show.