Mr. Kendall's letters to the postmasters of Charleston and New
York were written in July and August, 1835. In December of the
same year, presumably with full knowledge that a member of his
Cabinet was encouraging violations of law in the interest of
slavery, President Jackson undertook to supply the need of legal
authorization. In his annual message he made a savage attack upon
the abolitionists and recommended to Congress the "passing of
such a law as will prohibit, under severe penalties, the
circulation in the Southern States, through the mail, of
incendiary publications."

This part of the President's message was referred to a select
committee, of which John C. Calhoun was chairman. The chairman's
report was against the adoption of the President's recommendation
because a subject of such vital interest to the States ought not
to be left to Congress. The admission of the right of Congress to
decide what is incendiary, asserted the report, carries with it
the power to decide what is not incendiary and hence Congress
might authorize and enforce the circulation of abolition
literature through the mails in all the States. The States should
themselves severally decide what in their judgment is incendiary,
and then it would become the duty of the general Government to
give effect to such state laws. The bill recommended was in
harmony with this view. It was made illegal for any deputy
postmaster "to deliver to any person whatsoever, any pamphlet,
newspaper, handbill, or other printed paper, or pictorial
representation touching the subject of slavery, where by the laws
of the said State, territory, or district their circulation is
prohibited." The bill was defeated in the Senate by a small
margin. Altogether there was an enlightening debate on the whole