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Postmaster General
Amos Kendall's Report on the delivery of Abolition Materials in the
Southern States
A new question has arisen in the administration of this Department. A
number of individuals have established an association in the Northern and
Eastern States and raised a large sum of money, for the purpose of
effecting the immediate abolition of Slavery in the Southern States. One
of the means reported to has been the printing of a large mass of
newspapers, pamphlets, tracts, and almanacs, containing exaggerated, and
in some instances, false accounts of the treatment of slaves, illustrated
with cuts calculated to operate on the passions of the colored men, and
produce discontent, assassination, and servile war. These they attempted
to disseminate throughout the slaveholding. States, by the agency of the
public mails.
As soon as it was ascertained that the mails contained these
productions, great excitement arose, particularly in Charleston, S.C..,
and to ensure the safety of the mail in its progress Southward, the
postmaster at that place agreed to retain them in his office until he
could obtain instructions from the Postmaster General. In reply to his
appeal, he was informed, that it was a subject upon which the Postmaster
General had no legal authority to instruct him. The question again came up
from the Postmaster at New York, who had refused to send the papers by the
steamboat mail to Charleston, S.C. He was also answered that the
Postmaster General possessed no legal authority to give instructions on
the subject; but as the undersigned had no doubt that the circumstances of
the case justified the detention of the papers, he did not hesitate to say
so. Important principles are involved in this question, and it merits the
grave consideration of all departments of the Government.
It is universally conceded, that our States are united only for certain
purposes. There are interests, in relation to which they are believed to
be as independent of each other as they were before the constitution was
formed. The interest which the people of some of the States have in
slaves, is one of them. No State obtained by the union any right
whatsoever over slavery in any other State, nor did any State lose any of
its power over it, within its own borders. On this subject, therefore, if
this view be correct, the States are still independent, and may fence
round and protect their interest in slaves, by such laws and regulations
as in their sovereign will they may deem expedient.
Nor have the people of one State any more right to interfere with this
subject in another State, than they have to interfere with the internal
regulations, rights of property, or domestic police, of a foreign nation.
If they were to combine and send papers among the laboring population of
another nation, calculated to produce discontent and rebellion, their
conduct would be good ground of complaint on the part of that nation; and,
in case it were not repressed by the United States, might be, if
perseveringly persisted in, just cause of war. The mutual obligations of
our several States to suppress attacks by their citizens on each others'
reserved rights and interests, would seem to be greater, because by
entering into the Union, they have lost the right of redress which belongs
to nations wholly independent. Whatever claim may be set up, or
maintained, to a right of free discussion within their own borders of the
institutions and laws of other communities, over which they have no
rightful control, few will maintain that they have a right, unless it be
obtained by compact or treaty, to carry on such discussions within those
communities, either orally, or by the distribution of printed papers,
particularly if it be in violation of their peculiar laws, and at the
hazard of their peace and existence. The constitution of the United States
provides that "the citizens of each State shall be entitled to all
privileges and immunities of citizens in the several States," but this
clause cannot confer on the citizens of one State, higher privileges and
immunities in another, than the citizens of the latter themselves posses.
It is not easy, therefore, to perceive how the citizens of the Northern
States can possess or claim the privilege of carrying on discussions
within the Southern States, by the distribution of printed papers, which
the citizens of the latter are forbidden to circulate by their own laws.
Neither does it appear that the United States acquired, by the
constitution, any power whatsoever over this subject except a right to
prohibit the importation of slaves after a certain date. On the contrary,
that instrument contains evidences, that one object of the Southern
States, in adopting it, was to secure to themselves a more perfect control
over this interest, and cause it to be respected by the sister States. In
the exercise of their reserved rights, and for the purpose of protecting
this interest, and ensuring the safety of their people, some of the States
have passed laws, prohibiting under heavy penalties, the printing or
circulation of papers like those in question, within their respective
territories. It has never been alleged that these laws are incompatible
with the constitution and laws of the United States. Nor does it seem
possible that they can be so, because they relate to a subject over which
the United States cannot rightfully assume any control under that
constitution, either by law or otherwise. If these principles be sound, it
will follow that the State laws on this subject, are, within the scope of
their jurisdiction, the supreme laws of the land, obligatory alike on all
persons, whether private citizens, officers of the State, or functionaries
of the General Government.
The constitution makes it the duty of the United States "to protect
each of the States against invasion; and, on application of the
Legislature, or of the Executive, (, (when the Legislature cannot be
convened) against domestic violence" There is no quarter whence domestic
violence is so much to be apprehended, in some of the States, as from the
servile population, operated upon by mistaken or designing men. It is to
obviate danger from this quarter, that many of the State laws, in relation
to the circulation of incendiary papers, have been enacted. Without
claiming for the General Government the power to pass laws prohibiting
discussions of any sort, as a means of protecting States from domestic
violence, it may safely be assumed, that the United States have no right,
through their officers or departments, knowingly to be instrumental in
producing within the several states, the very mischief which the
constitution commands them to repress. It would be an extraordinary
construction of the powers of the general Government, to maintain that
they are bound to afford the agency of their mails and post offices, to
counteract the laws of the States, in the circulation of papers calculated
to produce domestic violence; when it would, at the same time, be one of
their most important constitutional duties to protect the States against
the natural, if not necessary consequences produced by that very agency.
The position assumed by this Department, is believed to have produced
the effect of withholding its agency, generally, in giving circulation to
the obnoxious papers in the Southern States. Whether it be necessary more
effectually to prevent, by legislative enactments, the use of the mails,
as a means of evading or violating the constitutional laws of the States
in reference to this portion of their reserved rights, is a question
which, it appears to the undersigned, may be submitted to Congress, upon a
statement of the facts, and their own knowledge of the public necessities.
Located by Jenny Adamson and transcribed by Carolyn Sims, Department of
History, Furman University, from the Report of the Postmaster General,
House Documents, 24th Congress, First Session (1835), Appendix, 9.
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