Upon these grounds a Postmaster may well hesitate to be the agent of the abolitionists in sending their incendiary publications

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case in question ? Are these laws of the United States constitutional ? This is not denied. It is doubtless admitted, for Mr. Kendall and every Postmaster have taken an oath to support and obey them. Will Mr. Kendall dare pretend that these laws are not within the powers of the general government? Why then did he take an oath to support them, an oath which he knew he must violate? Will he confess that his views on the subject of their constitutionality are changed? Will he, in short, boldly ‘assert that the laws regulating this establishment are void, and that he has hitherto acted without authority? But no attempt has been made to show that the general government, in enacting these laws, exceeded its constitutional powers.

Until, therefore, Mr. Kendall acquires boldness to make this attempt (when he will doubtless be met in due form), we must take it for granted that these acts of Congress, regulating the carriage and delivery of newspapers, periodicals, and pamphlets,

THE SUPREME LAW OF THE LAND,” and that “the judges in every” (state'“ will be bound thereby, any thing in the constitution or laws of any state to the contrary notwithstanding." But Mr. Kendall inquires—If a constitutional state law should come in collision with this supreme law, which must yield ? Profound logic–If an irresistible body should rush headlong against an immovable body, what would be the effect ? which must yield? Wonder, () ye philosophers, and be astonished, ye knights of thunder! We can imagine no other effect from such a collision than a orent nnico. like the effect of Mr. Kendall's irregular and strange cogitations. But which must yield ? We shall be relieved from deciding this question, and that presented above, by remembering that such cases never occur. Both suppositions are absurd. When it is remembered that the point is already conceded, that the laws of the United States requiring the transmission of these papers by the mail carriers, and their delivery by the Postmasters are valid laws, and supreme in their authority, it follows from the first principles of ethics that no power on earth can rightfully obstruct their operation.

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into states where their circulation is prohibited by law, and much more may Postmasters residing in those states refuse to distribute them. Whether the arguments here suggested are sound or not, of one thing there can be no doubt :-If it shall ever be settled by the authority of Congress, that the Post-office establishment may be legally, and must be actually employed as an irresponsible agent, to enable misguided fanatics, or reckless incendiaries, to stir up with impunity insurrection and servile war in the southern states, those states will of necessity consider the general government as an accomplice in the crime--they will look upon it as identified in a cruel and unconstitutional attack on their unquestionable rights and dearest interests, and they must necessarily treat it as a common enemy in their means of defence. Ought the Postmaster or the Department, by thrusting these papers upon the southern states now, in defiance of their laws, to hasten a state of things so deplorable ?*

I do not desire to be understood as affirming that the sugges. tion here thrown out, ought, without the action of higher authority, to be considered as the settled construction of the law, or regarded by Postmasters as the rule of their future action. It is only intended to say, that in a sudden emergency, involving prin ciples so grave and consequences so serious, the safest course for Postmasters, and the best for the country, is that which you have adopted.

It prevents the certain seizure of all the mails in the aggrieved states, with a view to the interception and destruction of the obnoxious papers—the interruption of commercial and friendly correspondence—the loss of confidence in the safety of the mail conveyances—and the probable overthrow of the authority of the United States, as far as regards the Post-office establishment, throughout half the territory of the Union.

It prevents a speedy interruption of commerce and trade between the cities of the north and the south; for there are abundant evidences, that the vessels or steamboats which should be known to come freighted with these papers, whether in the mail or out, would not long be suffered to float in safety in the southern ports.

It allays, in some degree, the excited feelings of the white man against the black; which changes the dominion over the slave from one of mildness to one of severity, and puts the free negro in imminent peril of his life.

You avoid being made yourself the agent and accomplice of blind fanaticism or wicked design, in a course of proceedings, which, if successful, could not fail to repeat, on our shores, the

has ever appeared in this country, and, taken with the preceding, has been productive of greater mischief than any other single cause since the commencement of our national existence. The sentiments which these letters contain have already extended their fatal influence into every department of our moral system. The means by which this effect is produced we have before considered. When we consider the utter fallacy of almost every position which these letters assume, that the writer has adopted the popular clamour, and the subtlety which is displayed throughout, and when we also consider that the great body of the people make no pretensions to knowledge of these subjects, we can hardly come to any other conclusion than that Mr. Kendall intended to deceive them and lead them astray.

horrors of St. Domingo, and desolate with exterminating war half the territory of our happy country.

You prevent your government from being made the unwilling agent and abetter of crimes against the states which strike at their very existence, and give time for the proper authorities to discuss the principles involved, and digest a safe rule for the future"guidance of the Department.

While persisting in a course which philanthropy recommends and patriotism approves, I doubt not that you and the other Postmasters who have assumed the responsibility of stopping these inflammatory papers in their passage to the south, will perceive the necessity of performing your duty in transmitting and delivering ordinary newspapers, magazines, and pamphlets, with perfect punctuality. Occasion must not be given to charge the Postmasters with carrying their precautions beyond the necessities of the case, or capriciously applying them to other cases in which there is no necessity; and it would be the duty as well as the inclination of the Department, to punish such assumptions with unwonted severity. This suggestion I do not make because I have any apprehension that it is needed for your restraint ; but because I wish this paper to bear upon its face a complete explanation of the views which I take of my own duty in the existing emergency Very respectfully, your obedient servant,

Amos KENDALL.

No. III.

PUBLIC MEETING.

At a large and respectable meeting* of the citizens of Utica, convened pursuant to public notice, at the Court-room in the Academy, on the 17th day of October, 1835, for the purpose of taking into consideration the resolution of the Common Council, passed last evening, granting permission for the holding of a State Abolition Convention in this place, on motion of Hon. Sam. Beardsley, Rudolph Snyder, Esq. was appointed President, and

* Many respectable citizens, it cannot be denied, were at the meeting ; but the most patriotic, loud, and clamorous expressions of indignation at the vote of the Common Council emanated from that class of "peaceable and reputable citizens,” who acted so conspicuous a part in the doings of the Wednesday following.

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John C. Devereux, Ephraim Hart, Ezra S. Barnum, Kellogg Hurlburt, Adam Bowman, Nicholas Smith, and John B. Pease, Vice Presidents : and on motion of D. Wager, Esq. Isaiah Tiffany and William C. Noyes were chosen Secretaries.

On the motion of Hon. S. Beardsley, a committee of five was appointed by the chair, to prepare and report Resolutions expressive of the sense of the meeting, consisting of the following: Messrs. Samuel Beardsley, Joshua M. Church, Rutger B. Miller, Chauncey Rowe, and B. B. Lansing.

After the committee had retired, the Hon. Joseph Kirkland, Mayor of the city, entered the meeting, and being invited to a seat with the President, made a short address, in which, from feelings of delicacy towards another body over which he presided, he declined the invitation ; but at the same time expressed his decided opposition to the resolution of the Common Council, which occasioned the present meeting *

The committee, after a short recess, by Hon. S. Beardsley, its chairman, reported the following preamble and resolutions for the consideration of the meeting; which having been read, and the meeting having been addressed by several gentlemen, were adopted.

The citizens of Utica, here convened, deem it unnecessary to repeat the expressions of their decided hostility to the movements of the abolitionists, and especially to the assembling of their Convention in this city on the 21st instant, or at any other time. Their views upon this subject have, on former occasions, been expressed and reiterated: they are unchanged, and probably una changeable. The public condemnation of these movements is here, as it is elsewhere, nearly unanimous; and the present meeting has been called forth only by the new and unexpected atti