The Star and Republican banner. (Gettysburg, Pa.) 1832-1847, October 19, 1835, Image 1

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VOL. 6--NO. 29.]
T 11 E G A It L A N I).
-"With stvcl•tcet flowers cnricta'd,
From various gardens rull'd midi care."
THE AUTUAIN WOODS
AN EXTRACT.
And now revealed amid the perfect day,
High-towering oaks their changeful purple spread;
Broad branching elms, in fading yellow, gal',
And graceful maples with their glossy red,
The beech, floe lover's record, rears its head,
(Mid nature's pride,) in green array'd;
While kindly o'er the consecrat,il dead,
The first to blossom and the last to fade.
The solemn willow droops o'er nobler things decayed.
Such varied glories of the autumn woods,
No other land beneath the sun may boast;
Their tinted leaves bright -showering o'er Illy floods,
Checking the Waves, in eddies lost.
And %Olen the lierc.• north-west with chilling frost
Sweeps their sacred honors down the mouipiain side,
Ilow like some shoreless sea, sublimely lost,
Their forest vast in billowy forms divide,
While oil each heaving surge,the blasts,wild shriek-
111 ride
AN 11.MUSI1VG TREA.T.
[NO. XVII.]
JAP4 ff I 4; rr
IN SEARCH or A FATHER.
[erj-Contioned from No 27 of Ike Star.]
1 he next ruoniing 1 i moth) , lind procured
me another vallet, and throwing off his
liveries, made his n Hien ranee in the evening,
sending up to say a man wished to speak to
me. Ile was di essed in hit!h•low boots,
worsted stockings, greasy leather small
clothes, a shag waistcoat, and a blue frock
over nil. His face was stained of a dar k
rind when he was ushered in, neither
Marconi who waa sitting at table With me,
or the new servant, had she slightest recog.
fusion of• din. As Harcourt knew all my
seeress, I had confided this: but had not tilt!
him what Timothy's intentions were, as 1
wished to ascertain whether his disguige was
complete. I bad merely said I had given
Timothy' leave for u few diva.
"I'erlinps you may «trh toe n' ay - ('r n
short time,' said Harcourt, loohiog at Tim.
"Not lit nil, my dear Harcourt, by
should I? Theic's nobody here but you and
Ti mot hy."
I "l'itnot by! excellent—upon my word,
I never should have known him."
"Ile is going forth on his adventures."
"Arid if you plenes,sir,
.1 will lose no time.
It is now dark, and I know where the gifisy
hangs out."
"itkicross attend y•-in then, but be careful,
Tim. You had butter wi ile to me, instead
of calling.°'
"I had the same idea; and now I wish
you n good evening."
When Timothy quitted the room, I ex
plained our intentions to rim-court. "Yours
is a strange; adventurous sort of life, New
land; you are constantly plotted against, and
plotting in your turn—mines and ceunter
mines. I have an idea that you will turn
out some grand personage atter all; fur if
not, why should there be all this trouble
about you?"
"The trouble, in the present case, is all
about Floe; oho must, by your argument,
turn out some grand personage."
"Well, perhaps she may. I should like
to see that little girl, Newland.'
"That cannot be, jest now, for reasons
you well know, but sonic other time it will
give me great pleasure."
On the second day after Tim's departure,
I received a letter from him by the two
penny post. He had made the acquain
tance of the gipqy, but had not extracted
any information, being as yet afraid to ven
ture any questions. He further stated that
his new companion had no objection to a
glass or two, and that he had no doubt but
that if be could contrive to make him tipsy,
m a few days he would have some impor.
taut intelligence to communicate. I was
in a state of great mental agitation during
this time. I went to Mr. Masterton, and
narrated to him all that had passed. Ile
was surprised and amused, and desired rue
not to fail to let him have the earliest in
telligence of what came to light. Ho had
not received any answer as yet from his
agent in Dublin. it was not until eight days
afterwards that. I received further commu
nicution from Timothy; mid I was in estate
of great impatience, with anxisty, lest any
accident should have happened. His corn.
nmnicat ion was important. He was on the
most intimate footing with the man, who
had proposed that he should assist him to
carry ()fru little girl, who was at a school at
Ilrentford. They had been consulting how
this should be done, and Timothy had pro
posed forging a letter, desiring her to come
up to town, and his carrying it as a livery
servant. The roan had also other plans,
ono of which was to obtain an entrance into
the house by making acquaintance with the
servants; another, by calling to his aid some
of the women of his fraternity to tell for
tunes: nothing was as %et decided, but that
he was resolved to obtain possession of the
little girl, even if he were obliged to resort
to force. In either case Timothy was en
gaged to assist. When I read this, I more
than congratulated myself upon the man's
being op the wrong scem, and that Timothy
had hit upon his scheme. Timothy con.
time-h—that they, had indulged in very
deep potations last night, and that the man
had not scrupled to spy that he was employed
.by a person of large !Mimic, who paid well,
;find whom it might net he advisable to re.
ifuse, as ho had great power. After some
'difficulty, he asked Tutiothy if he had ever
/beard the name of Melchior in his tribe.
'Timothy replied that liehad, and that at the
gathering he had seen him and his wife.
Timothy at one time thought that the man
hvas,glavut to reveal every thing, but of a
"I WISH . NO OTHER HERALD, NO OTHER SPEAKER OF MY LIVING ACTIONS, TO KEEP NT"..VE HONOR FROM CORRUPTION."-SHAHS.
sudden he stopped short, and gave evasive
answers. To a question put by Timothy, I
as to where they were to take the child if
they obtained possession of her, the man
bad replied, that she would go Over the wa.
ter. Such were the contents of the letter,
and I eagerly awaited a further communi
cation.
The next day I called nt Long's hotel
upon a gentleman with whom I was upon
intimate terms. Alter remaining a short
time with him, I was leasing the bide!, when
I was attracted by some trunks in the en
trance hall. I started when I read tho ad•
of "A. De Benvon, Esq., to he left at
F— hotel, Dublin." I asked the waiter
%%110 was by, whether Mr. De Kenyon had
left the hotel. Be replied that lie had left
it in his own carriage that morning, nod
having more luggage than he cent(' take
with him, had desired these trunks to be
tot w;.rded by the coach. I had by that
time resumed my serenity. I took out a
memorandum book, Wrote down the ad
dress on the trunks, saying that I was sor
ry not to have seen M r. De Reny on, and that
I would write to him.
But it I composed myself before the wai
ter, ,how did my heart throb as I hastily pas.
sed through Bond Sticet to my home! I
had ninths up my mind, upon what very
.light grounds (he render n ust be aware,
that this Mr. De Beni , on either must be
my hither, or if not, was able to tell me who
was. Had not Mi. %sternal said that
there was a clue—had he not written to
Dublin? The case was to my excited im
agination as clear as Ihe noon day, and he
fore I arrivelprome, I had made up my mind
in what tinnier I should proceed. It was
(ben about four o'clock. I hastily packed
up my portmanteau—took with me all my
ready money, about sixty pounds, and sent
the set van( to secure a place in the mail to
Holyhead. Ile returned, stating that there
was a seat taken j for me. I waited till
half past live to see Harcourt, but he did not
come home. I then wrote him a short note,
telling him where I was going, and promis
ing to write as sDon as I arrived.
"Ireland is to be the ground of my future
adventures, toy dear Harcourt. Call upon
Nr Masterton, and tell him what I lane
done, %%Inch he surely will approve. Open
Timothy's letters, and let me have their con
tents. I leave you to arrange and act for
me in every respect until I return. In the
mean time believe me,
"Ever yours,
I gave the letter to the valet, and calling
a coach drove to the office, and in less than
five minutes afterwards was rolling away to
Ilolybend, felicitating myself upon my
promptitude and decision, little imagining
to what the step I had taken was to lead.
It was a very dark night in November
' when I started on, my expedition. There
were three other passengers in the mail,
' none of whom had yet spoken a word, nI.
though we had made several miles of our
journey. Muffled up in my cloak, I indulg
ed in my own reveries as usual, building up
castles which toppled over atter ono another,
as I built and rebuilt again. At last one of
the passengers blew his nose, us if to give
warning that he was about to speak; and
then enquired of the gentleman next to him
if he bad seen the evening newspapers.—
The other replied in the negative. "It would
appear that Ireland is not m a very quiet
state, sir," observed the first.
"Dal you ever read the history of Ire
land?" enquired the other.
"Not very particularly."
"Then, sir, if you were to take that trot',
ble, you will find that [rebind, since it was
first peopled, never has been in a quiet st ate,
nor perhaps ever will. Ir is a spieces of
human volcano—always either smoking,
horning, or breaking out into eruptions and
fire."
"Very true, sir," replied the other. I
am told the White Boys are mustering in
large numbers, and that some of the districts
are quite impassable."
"Sir, it you had traveled much in Ireland,
vou would have found out that many of the
'districts are quite impassable, without the
impediment of the White Boys."
"You have been a great deal in Ireland
then, sir," replied the other.
"Yes, sir," said the other with a cense.
quentini air, "I believe I may venture to say
that I am iu charge of some of the most con.
siderabte properties in Ireland."
"Lawyer—agent--five per cent--end so
on," muttered the third part, who sate by
me, and had not yet spoken.
There was. no mistaking him—it was my
former master, Mr. Copliagus; and I can
not say that I w as very well pleased nt his
intimation of his presence, as I took it for
granted that he would recognise nie as soon
us it was daylight. The conversation con
tinued without any remarks being made up
on this interruption on the part of Mr. Cop.
hagus. The agent, it appeared, had been
called to London on business, and was re.
turning. The other was a' professor of mu
sic bound to Dublin on speculatioq. What
called Mr. Cophagus in that - direction I
could not comprehend; but I thought 1 would
try to find out. I therefore, while the t‘Vo
others were engaged in conversation, ad•
dressed him In a low tone of voice. "Can
you tell me, sir, if the College at Dublin is
considered good fur the instruction of sur•
gicnl pupils?"
"Country good at nil events—plenty to
practice=-broken beads—and soon."
"Have you ever been in Ireland, sir?"
"Ireland! never—don't wish to gor—must
BY ROBERT WZITE IVIMELETOII, =Ton, PUBLIMB:ZR AND PROPRIETOR.
Q112 . 20..MMvaa.,,2,20.Q 0 411;14),0 4 2.haT o 0VW.0..=.1"M 110. 9 a
go—old women will die—executor—both
eration—and so on."
"I hope she has left you a good legacy,
sir," replied I.
"Legacy—humph—can't tell—silver tea
pot—suit of black, and so on. Long jour
' ney—won't pay=-Can't"be - helped—old wo
men always troublesome—live or dead—
, bury her, come back—and so on."
Although Mr. Cophagus was very com
municative in his own way, he had no curi
osity with regard to others, and the corner.
sat ion dropped. The other two had also a -
ke d all the questions which they wished,
and we all, as if by one agreement, fell back
in our seats, and shut our eyes, to court
sleep. 1 was the only one who wooed it in
vain. Pay broke, my companions were all
in repose, and I discontinued my reveries,
and examined their physiognomies. Mr.
Coplingus was the first to whom I directed
my attention. He was much the same in'
face as when I had left him, but consWera
bly thinner in person. His head was cov
eted with a white night cap, and he snored
with emphasis. The professor ()floosie was
n very small man, with mustachios; his
mouth was Wide open, and one would have
thought that he was in 'he full execution of
bray ore. The third person, ho had stat
ed himself to be an agent, was a heavy, W
inced coarse-looking personage, with his hat
over his eyes, and his head bent down on his
chest, and I observed that Le had a small
packet in one of his hands, with his fore fin
ger twisted through the string. 1 should
not have taken limiter notice, had not the
name of 7'. Icing, in the corner of the side on
hich the direction was, attracted my atten
tion. It was the name of .Melchior's Lon
don correspondent, who had attempted to
bribe Timothy. This induced me to look
down and read the direction (tithe packet,
and I dewily deciphered, Sir Henry Pe
Glare, Burt., Mount Castle, Connemara.—
I took out my tablets, nod wrote down the
address. 1 certainly had no reason for so.
doing, except that nothing should be neglect.
ed, as there was no saying what might turn
out. 1 had baldly replaced my tablets when
the party nwcke, made a sort of snatch at
the packet, as if recollecting it, and wish
ing to ascertain if it were safe, looked at it,
took off his hat, let down the window, and
then looked round upon the other parties.
Fine morning, sir," said ho to me, per
ceiving that I was the only person awake.
"Very," replied I, "very fine; but I had
rather be walking over the mountains of Con
nernara, than be shut up in this close and
confined conveyance."
"J. NEwLAND."
"Hall! you know Connemara, then? Pam
going there; perhaps you are also hound to
that part of the country? but you are no!
Irish."
"I was not born or bred in Ireland, cer
tainly," replied I.
"So I should say. Irish blood in your
veins, I presume."
"I believe such to be the case," replied I,
with a smile, iniplving certointy.
"Do you know Sir Henry do Claren
"Sir Henry de Clare, of Mount Grunnis
Castle, is ho not?"
"The same; 1 am going over to him.-
1 am agent for his estates, among others.
A very remarkable man: Have you ever
seen his wife?"
"I really cannot tell," replied 1; "let me
call to mind."
I had some how or another formed an idea,
that Sir Henry de Clare and Melchior
might be one and the same person; nothing
was too absurd or improbable for my imag
ination, and I had now means of bringing
home my suspicions. "I think," continued
1, "I recollect her,--that is, if she is a very
tall, handsome woman; (lack eyes and com
plexion."
"The very same." replied he.
My heart bounded at the intbrmation;
it certainly was not any clue to my own
parentage, but it was an object of my sol
icitude, and connected with the welfare of.
Fleta. "If I recollect right'," observed
I, "there are some curious passages in the
life ofSir Henry?"• •
"Nothing very particular," ohs,4 ed the
agent, looking out of the wind. i f:
"I thought that he had di ." 'eared for
borne time."
"Disappeared! he certainly did not live
in Ireland, because he had quarreled with
his brother. He lived in England until his
brother's death."
"How did his brother die, sir?"
"Killed by a fall when hunting," replied
the agent. "He nas attempting to clear a
stone wall, the horse fell back on him, and
dislocated his spine. I was on the spot
when the accident happened."
I recollected the imperfect communica
tion of Fleta, who had heard the gipsy say
that "he was dead;" and also the word horse
made use . of, and I now felt convinced thai
I had found.out . Melchior. "Sir Henry, it
1 recollect right, has no family," observed I.
"No; and I am afraid there is but little
chance."
"Had the late baronet, his elder brother,
any-family?"
"What, Sir William? No; or Sir Henry
would, not have come into the title."
'lie might have had daughters," re
plied 1.
"Very true; now I think of it, here was
a girl, who died when young."
.‘ls the widow of Sir William alive?"
•
"Yes; and a very ftne iroman she is; bat
she has left Ireland since her husband's
death."
I did not venture to ask anymore rocs.
Lions. Our conversation had rallied Mr.
Coptingus and the other passengers, and as
I had reflected how I should behave in case
of a recennition, I wished to be prepared
for him.
•
"Yon have had a good nap, sir," sa dl,
turning to him.
"Nap—yes—coach nap, bad—head sore
—and so on. 111aq—bless me—Japhet
-Japhet New—yes—it is."
..00 roil speak to me, site enquired I,
with a quiet air.
"Speak to vou--yes—had
quite flirr. - a—oht master—shop ni Smith•
Lull--and on."
"Really. sir," replied 1,-1 am afraid ymi
mistake me fur some other person."
Mr. Caphaus lo:.ked very hard at me,
and perceiviim that there was no alteration
in 1171: count( mince, exclaimed, "Very odd
—same nmie-----same face—same age too—
very mid—like as two pills , --beg pardon—
made a mistake---and so on."
Satisfied with the discomfiture of Mr.
('.apliagte.. I turned round, when 1 perceiv
ed the Irc,l: agent, with whom I hail been in
conversation, eyeing me most attentively.
As 1 -aid bet.re,iie was a hard-featured man,
and his small gray eye was now fixed upon
me, as if it would have pierced me through.
I felt confused for a moment, as the scruti
ny was unexpected film) that quarter; but
a few moments' reflection told me, that if
Sir Henry de Clare and Melchior %%Me the
sauce person, and this man his agent, in all
probabilit} he had not been sent to England
nothing; that if he was in search of Meta,
he must have heard of nay history. "1 ap
pear to have a great likeness to many peo
ple," olis , erved I, to the agent, smiling. ••• I t
was but the other day I was stopped in Bond
Street,lis a Mr- , liawliusun."
"Not a very common face either, sir,"
obs - erved the agent; "if once seen not easily
torgotten, or easity unshaken for another."
"Still, such appears to be the case," re
plied I, carelessly.
We now stopped to take refiecliment.:
I had risen from the table, and was going
into the passage, when I perceived the agent
looking over the way-bill with the guard.
As soon as he perceived me, he walked out
into the front of the inn. Refute the guard
had put up the bill, I requested to look at it,
wishing to ascertain ill had been booked in
my own name. It was so. 'The four names
were—Newland, Caphagus, Balzi, 1114Der
molt. I was much aunoyed at this circum
stance. 316Dertnott was, of course, the
nao.e of the agent; and that was all the in
formation I received in return fur my own
exposure, which 1 now considered certain;
1 determined, however, to put a good face
on the matter, and when we returned to
the coach, again entered into couversation
with MeDermott, but I found him particu
larly- guarded in his replies whether I spoke
about Sir Henry orhis family, and I could
not obtain any further inlOrasation. 111 r.
Caphagus could not keep his eyes off me--
he peered into my face—then he would WI
back in thecoach. "Odd; very o dd ; mo st be;
h o ur he would repeat his examination,
no; says net; In about another ball
and
mutter to himself. At last, as if tormented
with his doubts, he exclaimed, "Beg pardon;
but vnu have a name?"
"Yes," replied I, "I hare a name."
"Well, then—not ashamed. What is
it?"
"513 r name, sir," replied I, "is Newland;"
for I had resolved to acknowledge to my
name, and Gall back upon a new line of de•
fence.
"Thought so--don't know me—don't re
collect shop-31r. Brookes's—Tim—rud i•
nts—and so on."
"1 have net the least objection to tell you
my name; but 1 am afraid 3 - ou have the ad-
vantage in your recollectioa of me. Where
may I have bad the honor of meeting you?"
',Meeting—what, quite forgot—Smith
fiebir
"And' pray, sir,where may Smithfield be?"
"Very odd—can't comprehend—same
name, same face—don't recollect me don't
recollect Smithfield?"
"It may be very odd, sir; but, as I am
very well known in London, at the west end,
perhaps we have met there. Lord Win.
dermear's perhaps—Lady Maelstrom's—
and I confirmed mentioning about a dozen
of the most fashionable names. At all
events, you appear to have the advantage of
me; but 1 trust you will excuse my want of
memory, as my acquaintance is very exten
sive."
"I see, quite a mistake—same name—
not same person--beg pardon, sir—apolo
gies--ard so on," replied the apothecary,
drawing in a long sigh.
I watched the countenance of the agent
who appeared at last to be satisfied that
there had been some mistake; at least he
became mere conununirative, and as I no
longer put any questions to him relative to
Sir Henry, we had a long conversation.---
1 spoke to htmabout.the De Renyons, mak
ing every enquire that I could think of.—
He informed rue that the deceased earl, the
father of the prese_ nt, had many sons, who
were some of them married, and that the
family was extelisive. lie appeared to
know them all, the profession which they
had been brought up to, and their careers
in life. I treasured up his information, and
as soon as I had an opportunity, wrote down
all which he had told me. On our arrival
at Holyhead, the weather was very boister
ous, and the picket was to depart immedi
ately. Mr M l Derrnett stated his intentions
to g.) ove. j r, but Mr. Co' phagus end • the pro
fessor declined; and, anxious as I was to
proceed, I did not wish to be any longer in
company with the agent, and, therefore,
also declined going on board. Mr. M'Der-
matt called for a glass of brandy and water,
drank it off in baste, and then, followed by
the porter, with his lunggage, went dosvu to
embark.
As soon as he was gone I burst out triton
fit of laughter. "Well, Mr. Cophagus, ac
knowledge that it is possible to persuade a
man out of his senses. You know mo, and
you were perfectlY right in asserting that I
was Japhet, yet did I persuade you at last
that you were mistaken. But I %%ill explain
to von why 1 did so."
"All right," said thi3 apothecary, taking
my prebred hand,"t bought so—no mistake
—handsome tel you are—Japhet
Newland— tny - apprent and sreon."
"Yes, sir," replied I laughing, "I am
Japhet Newland." (1 turned round, hear
ing a noise, the door had been opened, and
Mr. M'Dermott had just stepped - in; he had
returned for an umbrella, v. hich he had for
gotten; he looked at we, at Mr. Cophagus,
who still held my hand in his, turned shots
round, said nothing, and walkt - d out.) "This
is unfortunate," observed I, "my reason for
not avowing myself, was to deceive that vely
person, and now I have made the avowal to
his face; however, it cannot be helped."
I sat down with my old master, and as I
knew that I could confide in hin►, gave him
nn outline of my life, and stated my present
intentions.
"I see, Japhet, I see--done mischief—
sorry for it—can't he helpe'd—do all I can
—urn--what's to be done? be your friend.—
always liked you—help all I can-•and soon."
“But what would you advise, sir?"
"-Advice—had as physic—nobody takes
it—l rebind—wild place—no law—better to
go back—leave all to me find out—and so
on."
This advice 1 certainly could not consent
to follow.'
[TO DE CONTINUED.]
rublie Document.
LETTER OF-THE P. M. GENERAL
POST OFFICE DEPAIiTMENT,
22d Aug.isti 1835.
To Samuel L. Gouverneur, Post Master at
New York:
Sul—Your letter of the 11th :nst. pur
porting to accompany n letter from the -A
merican Anti• Slavery Society, and a rest)•
lution adopted by them, came duly to hand.
but without, the documents alluded to.—
Seeing them published in the newspapers,
however, I proceed 'to reply without waiting
to receive them officially.
It .was right to prorose to the Anti. Sl
avery Society voluntarily to desist from at
tempting to send their publications, into the
Southern States by public mails; and their
refusal to do so, after they were apprised
that the entire mails were put in jeopardy
by them, is but another evidence of the fa
tuity of the counsels by which they are di
rected.
After mature considerat ion - of the subject,
and seeking the' best advice within my
reach, I am confirmedin the opinion that
the Post Master General has no legal au
thority, by any order or regulation of his
department, to exclude from the mails any
species of newspapers, magazines or pain.
plilets. Such a power vested in the head
of this department would be fearfully dan
gerous, and has been properly withheld.—
Any order or letter of mine directing or of
ficially sanctioning the step you have taken,
would therefore, be utterly powerless and
void, and would not, in the slightest degree,
relieve you from its responsibility.
But to prevent any mistake in your mind
or in that of the abolitionists, or of the pub
lic, in relation to my position, and views,
1 have no hesi!ation in saying, that I am de
terred from giving an order to exclude the
whole series of abolition publications from
the Southern mails only by a want of legal
power. and that if I were situated as you are,
would do as you have done.
Postmasters may lawfully know in all
eases the contents of newspapers, because
the law expressly provides. that they shall
be so put up that they may be examined;
and if they know those contents to be calcu
lated and designed to produce, and if deliv.
ered, will certainly produce the commission
of the most aggravated crimes upon the pru
perry and persons of their fellow-citizens, it
cannot be doubted that it is their duty to de
tain theM, if not even to hand them over to
the civil authorities. The Post Master
General has no legal power to prescribe any
rule for the government of postmasters in
such eases, nor has he ever attempted to do
so. They act in each case upon their own
responsibility, and if they improperly detain
or use papers sent to their offices for trans
mission or delivery, it is at their peril and
on their heads r6ts the punishment.
If it be justifiable to detain papers passing
through the mail, for the purpose of prevent
mg or punishing isolated crimes against in
dividuals, how much more important it is
that this responsibility should be assumed
to prevent insurrections and save communi
ties! If in time of war, a postmaster should
detect the letter of an enemy or spy passing
through the mail, which if it reached its
destination, would expose his country to in
vasion and her armies to destruction, ought
he not to arrest it? Yet, where is his legal
power to do so?
From the specimens I hare seen of Anti-
Slavery - publications, and the concurrent tes
timony of every class of citizens except the
abolitionists, they tend directly to produce
in the South evils and horrors surpassing
those usually resulting from foreign invasion
or ordinary insurrection. Front their re
volting pictures and fervid appeals addressed
[WHOLE NO. 28O.:
to the senses and the passions of the bleakrri:;-4 - ,
they are calculated to fill every familysvitli,.;A.-,
assassins and produce at no distant day An
exterminating servile war. So aggravated
is the character of those papers, that
people of the Southern States, with an ,
k c
nimity never witnessed except in cases of
extreme danger, have evitieed, in publiC,
meetings and by other demonstrations, tt,cle.;
termination to seek defence and c:afety . , ,tn„4!
putting an end to their circulation by.apy, ; -;4, 1 1,:.
means, and at nnv hazard. Lnvvless
is to be resisted; but power which is exert-;,'
ed in palpable self defimee is not ,
That such is :lie power whose elententsnre
now agitating the South, the united peopkt. l .--_ , Lfi
of that siction religiously believe; and4u--
long as that shall be their impression, it will
require the array of armies to carr y the
snails with safety through their territories,
if they continue to be used as the itistru
meta of those who are supposed to seek their
dust ruction.
As a measure of great public necessity,
therefore, you and the other postmasters
who have assumed the responsibility Of
stopping these inflammatory papers will, I S-3.
have no doubt, stand justified in that ~stak:;:
before your country and all mankind. '.!.
But perhaps the legal right of the aheli
tionists to make use of the public mails
distributing their insurrectionarypapersL . A
thioughout the Southern States, is not so .
clear us they seem to imagir.e. When'
those states became independent they ac
quired a right to prohibit the. circulation of
such papers within their territories; and
their power over the subject ofslavory and
all its incidents, was in no degree diminish
ed by the adoption of the federal constitu
tion. It is still as undivided and sovereign
ati'it was when they were first emancipated •
from the dominion of the king and parlia
ment of Great Britain. In the exercise of
that [tower, some of those states have made
the circulation of such papers a capital
crime; others have made it a felony punish.
able by confinement in the penitentiary; and
perhaps there is not one among them which .
has not forbidden it under heavy penalties..
If the abolitionists or their agents were-.
caught distributing their tracts.m Louista
na, they would be legally punishable with
death; if they were caught in Georgia, they
might be legally sew, to o pc:alto/12.m.y;
and in each of the slave 1 . 11: , V
would sutler the penaltit3
laws.
Now, have these rt. , 14,. I I. ,
do by the mail carri. i , ~-,d p.,:',....• • • •, , 3 i l
the United States, sc . ~ , .....-li a , ! , ..do: - . by
themselves or their agents; would lawfully
subject them to the punishment due to felons
of the deepest die? Are the otiicers of the
United States compelled by the constitution
and laws, to become the instruments and ac
complices of those who design to Wale and
make nugatory the constitutional leo% of
the states—to fill theta with sedition, Mar
der, rind insurrection- - --to overthrow those
institutions which aro recognized and guar:
anteed by the constitution itself? -
And is it entirely certain that any existing
law of the United States-would protect matt;
carriers and postmasters against the puii(dt.;‘::::
ties of the state laws, if they should knoei. -'-':
ingly carry, distribute of hand out any of' --,
these forbidden papers?. If a state by a con.
stitutional law declare any specific act to be '...
a crime, how are officers of the U. States, : . 1
who may be found guilty of that act to es- '.
cape the penalties of the state law? It may
be in vain fur them to plead that the post of.•
fice law made it their duty to deliver all pa.
pers which came by mail. In reply to this
argument, it might be &lodged, that the post "
.:.
office law imposes penalties on postmasters
for "improperly" detaining papers which:.-'
come by mail, because- their circulation is
ti tAt
I
prohibited by valid state -laws. Ascending
.'..
to a higher principle, it might be pilusibly - :
alledged that no law of the U. StateaW .. 1 :
protect from punishment any man, vvll4l(',
a public officer or citizen, in the commiliato •.3.,i,
of an act which the state, acting within the .•
undoubted sphere of her reserved rights,
has declared to he a crime. Can thy' Urn- '..•;•.
ted States furnish agents for conspirators a- • •.':-:
gainst the states and clothe thern_with int:
..;
punity? May individuals or combinations - ,::
deliberately project the subversion of the .:
state laws and institutions, and lighting. their.
firebrands beyond the jurisdiction of those - `.-:-•
states, make the officers of the United States ....-,::
the irresponsible agents to apply to the
flames? Was it to give impunity to crime, ~
that the several stases came into the Union .-:•
and conferred upon the general government - . ~:.
the power "to establish post offices and post. ;::i .. ..:i
roads?" . ' • - !..;
In these considerations there is reason to ::::j
doubt whether these abolitionists have tv . ...:'?
right to make use of the mails ef the United: '1:
StateS to convey their publications inter . the.':::.:
states where their circulation is forbidde n
by law; and it is by no means certalti, - that ~. : 3
1
the Mail carriers and postmasters are secure :.-;:
from the penalties of that law, if they ktiow...:•4,
iligly carry, distribute or hand them out. .....§,
Every citizen may use' the mails for any .:-4
lawful purpose. The abolitionists. may baye . ..I,
a legal right to its use for distributing their'' =. ;
papers in New York where it is lawful to - ;.'7;
distribute them; but it does not followilttit' ..
they haven legal right to that privilege, fiss ,
such a purpose in Louisiana or .Georgia, .:-.•,':.
where it is unlawful. As welt most. the -. 2i
counterfeiter and robber demand this use Cif.
the mails for consummating their crimes
and complain of a violation
,of theit . .4gbief'.!:
when it is denied them. •C ' .5-,.....•,
Upon these grounds a postrauttor
well hesitate to be the agent or th, abahticw
[CONI;LODZI! 0$ THS VoaaxB riall4
• ,