About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

Ex parte Jackson U.S. 727 (1878)

handle is hein.slavery/ussccases0444 and id is 1 raw text is: Ex PARTE JACKSON. wise, in the sum of $250. , The security may be approved by any judge or justice authorized to sign a citation upon an appeal in the cause; but this cause will stand dismissed, unless the appellant shall, on or before the first Monday in March next, file with the clerk of this court a bond, with good and sufficient security, conditioned according to law, for the pur- poses of the appeal; and it is SO ordered. Ex PAJRTE JACKSON. 1. The power vested in Congress to establish post-offices and post-roads em- braces the regulation of the entire postal system of the country. Under it, Congress may designate what shall be carried in the mail, and what excluded. 2. In the enforcement of regulations excluding matter from the mail, a distinc- tion is to be made between what is intended to be kept free from inspection, such a letters, and sealed packages subject to letter postage, and what is open to inspection, such as newspapers, magazines, pamphlets, and other printed matter, purposely left in a condition to be examined. 3. Letters, and sealed packages subject to letter postage, in the mail can bE opened and examined only under like warrant, issued upon similar oath oi affirmation, particularly describing the thing to be seized, as is required wher papers are subjected to search in one's own household. The constitutiona. guaranty of the right of the people to be secure in their papers against un- reasonable searches and seizures extends to their papers, thus closed against inspection, wherever they may be. 4. Regulations against transporting in the mail printed matter, which is open to examination, cannot be enforced so as to interfere in any manner with the freedom of the press. Liberty of circulating is essential to that freedom. When, therefore, printed matter is excluded from the mail, its transportation in any other way as merchandise cannot be forbidden by Congress. 5. Regulations excluding matter from the mail may be enforced through the courts, upon competent evidence of their violation obtained in other ways than by the unlawful inspection* of letters and sealed packages; and with respect to objectionable printed matter, open to examination, they may in sonic cases also be enforced by the direct action of the officers of the postal service upon their own inspection, as where the object is exposed, and shows unmistakably that it is prohibited, as in the case of an obscene picture or print. 0 When a party is convicted of an offence, and sentenced to pay a fine, it is within the discretion of the court to order his imprisonment until the fine shall be paid. Oct. 1877.)

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most