“And it shall be lawful for the agents of the post-office, or
other officers of the United States government, upon reasonable
cause shown, to arrest such person or persons, and seize his or
their boxes, bags, or trunks, supposed to contain such mailable
matter, and cause the same to be opened and examined before any
officer of the United States; and if found to contain such
mailable matter, transported in violation of the laws of the
United States, shall be held to bail in the sum of five thousand
dollars, to appear and answer said charge before the next United
States Court to be held in said State, or district of said State;
and upon conviction thereof, shall be fined as aforesaid, one
hundred dollars for each letter, newspaper, or printed sheet so
transported as aforesaid, and shall be held in the custody of the
marshal until the fine and costs are paid, or until otherwise
discharged by due course of law.”
The report of 1845 thinks there is “no just reason why individuals engaged
in smuggling letters and robbing the department of its legitimate revenues
should not be punished, in the same way and to the same extent, as persons
guilty of smuggling goods; nor why the same means of detection should not
be given to the Post-office Department which are now given to the
Treasury.” That is, the power of detention and search in all cases of
suspicion by the agent, that a person is carrying letters. What would be
the effect of carrying out this system, in breaking up the practice
complained of, or what would be the amount of inconvenience to travellers
and to business, of a thorough determination in the department to execute
such a law in the spirit of it, all can judge for themselves. The British
government, as we have seen, dared not entertain such a proposition. I
have no hesitation in saying, that such a system of coercion can never be
successfully executed here. It is better to meet the difficulty, as the
British government did, in a way to make the post-office at once the most
popular vehicle of transmission, and the greatest blessing which the
government can bestow upon the people. The New York Evening Post said,
years ago:
“Congress yields, and passes such a law. What then? Is Hydra dead?
By no means, its ninety-nine other heads still rear their crests,
and bid defiance to the secretary and his law. In Pearl street,
there will yet hang a bag for the deposit of the whole
neighborhood’s letters,—at Astor House, and at Howard’s, at the
American, and at the City Hotels, still every day will see the
usual accumulation of letters,—all to be taken by some ‘private,’
trustworthy, obliging wayfarer, and by him be deposited in some
office at Boston, Philadelphia, Albany, Baltimore.”
Public-domain text, read in full here on John Shaqi.
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