The higher law was invoked against the freedom of the press.

The New York postmaster sought to dissuade the Anti-slavery Society from the attempt to send its publications through the mails into Southern States.

In reply to a request for authorization to refuse to accept such publications, the Postmaster-General replied: "I am deterred from giving an order to exclude the whole series of abolition publications from the Southern mails only by a want of legal power, and if I were situated as you are, I would do as you have done." 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.