The Johns Hopkins University Studies in Historical and Political Science Volume 34

The Johns Hopkins University Studies in Historical and Political Science Volume 34

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1916 edition. Excerpt: ...if done by themselves or their agents, would lawfully subject them to the punishment due felons of the deepest dye? Are the officers of the United States compelled by the Constitution and laws to become the instruments and accomplices of those who design to baffle and 86 Niles' Register, vol. xlix, p. 7. make nugatory the constitutional laws of the states, --to fill them with sedition, murder, insurrection, --to overthrow those institutions which are recognized and guaranteed by the Constitution itself? "And is it entirely certain that any existing law of the United States would protect mail carriers and postmasters against the penalties of the state laws, if they shall knowingly carry, distribute or hand out any of these forbidden papers?... It might be vain for them to plead that the postoffice law made it their clear duty to deliver all papers which came by mail. In reply to this argument, it might be alleged, that the postoffice imposes penalties on postmasters for 'improperly' detaining papers which come by the mail; and that the detention of the papers in question is not improper because their circulation is prohibited by valid state laws. Ascending to a higher principle, it might be plausibly alleged, that no law of the United States can protect from punishment any man, whether a public officer or citizen, in a commission of an act which the state, acting within the undoubted sphere of her reserved rights has declared to be a crime. "Every citizen may use the mail for any lawful purpose. The abolitionists may have a legal right to its use for distributing their papers in New York, where it is lawful to distribute them, but it does not follow that they have a legal right to that privilege for such a purpose in Louisiana more

Product details

  • Paperback
  • 189 x 246 x 11mm | 363g
  • United States
  • English
  • black & white illustrations
  • 1236853040
  • 9781236853042