The Constitution of the United States of America: Analysis and Interpretation: Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952
History
The Constitution of the United States of America: Analysis and Interpretation: Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952
Constitutional law -- United States; Constitutions -- United States
The postal powers of Congress embrace all measures necessary to insure
the safe and speedy transit and prompt delivery of the mails.[1135] And
not only are the mails under the protection of the National Government,
they are in contemplation of law its property. This principle was
recognized by the Supreme Court in 1845 in holding that wagons carrying
United States mail were not subject to a State toll tax imposed for use
of the Cumberland Road pursuant to a compact with the United
States.[1136] Half a century later it was availed of as one of the
grounds on which the national executive was conceded the right to enter
the national courts and demand an injunction against the authors of any
wide-spread disorder interfering with interstate commerce and the
transmission of the mails.[1137]
ANTI-SLAVERY AND THE MAILS
Prompted by the efforts of Northern anti-slavery elements to disseminate
their propaganda in the Southern States through the mails, President
Jackson, in his annual message to Congress in 1835, suggested "the
propriety of passing such a law as will prohibit, under severe
penalties, the circulation in the Southern States, through the mail, of
incendiary publications intended to instigate the slaves to
insurrection."[1138] In the Senate John C. Calhoun resisted this
recommendation, taking the position that it belonged to the States and
not to Congress to determine what is and what is not calculated to
disturb their security. He expressed the fear that if Congress might
determine what papers were incendiary, and as such prohibit their
circulation through the mail, it might also determine what were not
incendiary and enforce their circulation.[1139]
POWER TO PREVENT HARMFUL USE OF THE POSTAL FACILITIES
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