National Republican., 1883-10-25
A BUSINESS PROTEST.


Hearing-The President Requested 10
Examine Postmaster General GreshRn's
Order Against the New Orleans National
Bank and Revoke It.
Messrs. Horner & Grant, of New Orleans
Col. Charles w. Moulton, of New York, and
Attorney JEFF Chandler, Of this city, repre-
senting tho 200 or more business mon and
firms of New Orleans whose names are signed
| to the petition, called on the President yes
| terday morning to present the following pro-
test against the postmaster generals order
excluding the New Orleans National bank
| from tho use of tho moneyed mails of the
| United States:
| NEW ORLEANS La, Sept. 25.-To THE
| PRESIDENT: The undersigned have learned
| with alarm the recent decision of Postmaster
General Gresham attempting TO Interfere
with the correspondence of national bank
| of New Orleans, La, upon the nretense that
part of such correspondence relates to lot
| terry. Tho pretense of authority for this in
| terierence is claimed to exist by virtue of the
terms of sections 1929 and 40i1 of the Revised
Statutes of the United States. Those sections
are as follows, respectively:
Sec. 1920 "The postmaster general may, upon
| evidence satisfactory to him that any person is en-
| gagged III conducting any fraudulent lottery, gilt
enterprise, scheme for the distribution ofmoney,
or OF any real or personal property by lot, chance
| or drawing of any kind, or in conducting any
other scheme or device for obtaining money
| through the mails by means of false or fraudulent
pretenses, representations, or promises, instruct
postmasters at any pOstotfice ut which registered
letters arrive directed TO any such person, TO re-
at the offices at which they were originally mailed,
with the word fraudulent plainly written or
stamped upon the outside of such letters; and AL
such letters returned to such postmasters shall
be by them returned TO the writers thereof, under
| such regulations as the postmaster general may
|
shall be so construed as TO authorize any postmas.
or other person to open any letter not addressed
Sec. 4Oil. "The postmaster general may, upon
evidence satisfactory to him, that any person is
engaged in conducting any fraudulent lottery
gift enterprise, scheme for the distribution OF
money or of any real or personal property by lot,
chance or drawing of any kind, or in conducting
any other scheme or device for obtaining money
through the mails by means of false or fraudulent
pretenses, representations or promises, forbid the
payment by any postmaster to any such person OF
any postal money order drawn to his order or in
his favor aud may provide by regulations for the
return, to the remitter of the sums named in such
money orders. But this shall not authorize any
self.' SsisS'1 w 'p'A N' '''''i NV ''''''N W w
The order of the postmaster general com.
! planned of is in the following terms:
PosToFFIcE DEPARTMENT, WASHINGTON, D. G.
, Sept, 10, 1sS3-W WAsHINGToN B. MERCHANT POST
MASTER, NEW ORLEANS, LA.-Sir. Since you were
instructed todeliyer registered letters reaching
your Office addressed to NJ. A. Dauphin, and to re-
|
, rected in All advertisement inserted In certain
newspapers that all registered letters intended fol
him, and concerning the Louisiana State Lottery
company. be addressed to the New orleans Ma
tional bank at New Orleans, and that all money
orders sent to your Office for his benefit and con-
cerning the business of said lottery company bt
made payable TO said bank. am In possession o.
= trustworthy information that this bank has been
and still is receiving through your office regis
tered letters and money orders for the benef
of NJ. A. Dauphin in pursuance of his pub
lished directions This is defiant defiant, schemi
the New Orleans National bank, TO evade tn,
l orders which have been addressed to you by th'
| postmaster general in pursuance of the statute;
Of the United States, intended to protect the mai
, and the public against business which is vicious
Y and immoral, and which. in the main, preys upor
ignorant and credulous.
o This bank cannot be permitted to stand In thu
@ shoes Of NJ. A. Dauphin and thus enable him e
i to do directly Hereafter, therefore, you will de
Y liver to the New Orleans National bank no regis
/ tered letters and redeem no money orders payable
to IL, but deal with IL the same as directed by th
]. order OF the department of Nov 10, 1879 Thi
order will be revoked & whenever eve the bank giye th
above scheme. Very respectfully,
y W.Q. GRESHAM, Postmaster General.
q The undersigned further respectfully sub
nit that Postmaster General Gresham has M
g. lawful authority for his proceeding to issu
. the foregoing order, and that his attempts Il
4 do so violate fundamental guarantees Of tn
: constitution of tho United States, whicl
h provides that all persons shall be safe from
= unreasonable search, &C.:
r Article 4. Amendments to the constitution o
4 the United States-"The right of the people to b.
secure in their persons, houses, papers, and effects
against unreasonable searches .and seizures shal
: not be violated, and no warrants shall issue bu
, irmation, and particularly describing the plac,
\ to be searched and the persons or things TO b.
= seized"
= a They also respectfully represent that CORE
: spondence entrusted to the mails should b,
held as inviolato and safe from inspection n
> if in the owners possession, and that the com
mercial transactions of tho country demand
n that the officers of tho postofiice department
should treat the correspondence intrusted Il
them as trustees, and that upon no Considera
tion whatever should it be interfered with o
]. diverted from its original destination. You
D.. petitioners are aware that o controversy j
W now pending in tho courts between an office
of the Louisiana Lottery company and tn
Q postmaster general las to the right of the forme
to have his registered mail delivered You
y petitioners assert, however, that they hay
:, no special interest in said controversy, an,
- are not informed as to its merits, and hav
j. no wish to influence your judgment il
relation thereto hut they do insist tina
I, when legitimate business is attacked by al
officer of SO high rank as the postmaster gen
10 eral there is Just cause for alarm for, if h,
d can attack the business Of national banl
without hearing or trial, he can attack an.
other business in tho same manner. If h
can destroy the business of a bank because h
q considers some part of it vicious and i'm
g. moral, he can in the same manner and b.
o similar means destroy any business that hap
n pens to be offensive to HIM.
,, This vast and dangerous power should no
u u be committed to the hands of any official, an
q we submit that, under our laws, it is not S
&c committed.
h If the bank referred to has usurped an
D franchise not granted to it by its charter, o
n has in any way violated the law of its exist
"a ence, the remedy against it is ample, an
{ the statutory mode of proceeding is specif
y cally pointed out. Neither these sections
10 nor any other, SO far as we are informed, con
o fer any power over the national banks O
y their correspondence upon the postmaste
general.
. In assuming, therefore, to dictate to sue
:" banks, with whom they may and may nc
deal in the usual course of their business,
20 an unwarranted assumption, by that office
J. OF authority which the law does not confe
n upon him.
p Your petitioners, therefore, respectful
& pray that such steps may be taken by you
Al,,s