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THE ENEMIES

OF THE

CONSTITUTION DISCOVERED.

I.

Ir, twelve months ago, some ardent friend of his country, endowed with the prophetic gift, or seeing the inevitable tendency of public measures, had foretold that the time was at hand when American citizens, before the eyes of the whole nation, should be seized and put to an infamous death without being allowed the privilege of a legal trial,—if he had also foretold, that the mail of the United States, the great depository of the public secrets, one of the most important safeguards of our liberties, would be wrested from the custody of the constitutional authorities, plundered, and its contents committed to the flames, in violation of the public faith most solemnly pledged for its protection,- that the Postmaster at the commercial metropolis of the nation would arrogate to himself the power of a censor, and, in violation of the laws of the land, and of the most sacred duties of his office, which he had sworn to perform, should detain in his custody publications committed to the charge of the depart

ment, under the hairbrained pretence, that in his imagination they advocated sentiments which might prove of dangerous tendency; and if he should have foretold, that such flagrant departures from the law and the constitution would meet with the approval of the highest functionaries of the national government; and if he had also foretold, that within the short space of a year, the world was destined to behold in free and happy America—in the democratic state of New-York, a state convention, an assemblage of one thousand freemen, convened in the temple of the Most High, assailed with lawless violence, insulted, abused, and deprived of their constitutional rights, the freedom of speech, the right peaceably to assemble and deliberate upon subjects intimately concerning the welfare of their own beloved country, and the liberty of the press at the same blow destroyed; and that this foul blow, levelled at the root of liberty, would be struck by men high in power, by our judges and our representatives; what faith would have been given to predictions so wild, and apparently so unlikely to be fulfilled? All would have answered, Such things are not to be witnessed in America, until the names and the virtues of Washington and of Jefferson shall be forgotten.

Yet these scenes we now behold. Invasions of the inalienable rights of freemen have become familiar; we have become accustomed to see the laws of our country and our beloved constitution trampled in the dust; anarchy and civil discord begin to show "their accursed heads."

Not long since, at Vicksburg, a number of citizens of the United States were seized and executed without even the pretence of legal authority, contrary to the express letter of the constitution of the United States, which declares, that "no person shall be deprived of life, liberty, or property, without due process of law." Acts equally inconsistent with the constitution and laws of our country have been matters of every day occurrence, but have been regarded as comparatively of little moment, until they had gained the co-operation and sanction of men high in authority.

On the 29th of July, 1835, when the United States mail arrived at Charleston, S. C., it was found to contain large quantities of the publications of the American Anti-slavery Society; whereupon a number of persons assembled about the exchange at between the hours of ten and eleven at night, and with coolness and deliberation made a forcible entry into the post-office by wrenching open one of its windows, and carried off the packages containing these papers, and burnt them in a pile before the citadel, This flagrant violation of the laws of the United States, and of individual rights, soon after received the sanction of a large meeting of citizens, among whom was that arch nullifier, Robert Y. Hayne, who had before been engaged in an attempt to destroy the authority of the government of his country. By this meeting a censorship of the press was virtually established, and a committee of twenty-one appointed to take charge of the United States mail. At this crisis the Postmaster at Charleston, contrary

to an express statute of the United States, and contrary to the oath which he had taken to act in conformity to such statute, arrogated to himself the power to detain in his custody the publications and papers on the subject of slavery, and asked for instructions from the Postmaster General, which the duty of the latter required him to give.

This extraordinary and illegal act of the Postmaster at Charleston, it was justly supposed, would meet with the unqualified condemnation of the Postmaster General, and that he would, as his duty required, immediately direct the Postmaster at Charleston to forward and deliver these papers to the persons entitled to them, and thus sustain the public confidence, so necessary to be reposed in this important branch of our system, vindicate the supremacy of the laws, and the authority of the national government.

All men of intelligence could see that the act upon which Amos Kendall was called upon to give an opinion was unlawful, and of such dangerous tendency, as called for the loudest censure, and it is believed that such could not but have been the almost unanimous judgment of the people in the non-slaveholding states, had not the act been sanctioned by some higher authority to which cringing office-seekers are accustomed to bow and sue for favours.

It is unnecessary to inquire into the motives which actuated Mr. Kendall in making up his judgment upon the question referred to him; it will be sufficient for the purpose of determining the degree

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