8 March 1825 24. 4 Stat. 103. Post routes to be established. Contracts. Ibid. 25. Mails may be carried in steamboats, &c. Ibid. 26. Masters to deliver mails. IV. MAILS AND POST ROUTES. 44. The postmaster-general shall cause a mail to be carried from the nearest post offce, on any established post road, to the court-house of any county which is now, or may hereafter be established, in any of the states or territories of the United States, and which is without a mail; and the road, on which such mail shall be transported, shall become a post road, and so continue, until the transportation thereon shall cease. It shall also be lawful for the postmaster-general to enter into contracts, for a term not exceeding four years, for extending the line of posts; and to authorize the persons, so contracting, as a compensation for their expenses, to receive, during the continuance of such contracts, at rates not exceeding those for like distances, established by this act, all the postage which shall arise on letters, newspapers, magazines, pamphlets and packets, conveyed by any such posts. And the roads designated in such contracts, shall, during the continuance thereof, be deemed and considered as post roads, within the provision of this act. [And a duplicate of every such contract shall, within sixty days after the execution thereof, be lodged in the office of the comptroller of the treasury of the United States.](a) 45. That the postmaster-general be authorized to have the mail carried in any steamboat, or other vessel, which shall be used as a packet, in any of the waters of the United States, on such terms and conditions as shall be considered expedient: (b) Provided, That he does not pay more than three cents for each letter, and more than one-half cent for each newspaper, conveyed in such mail. 46. It shall be the duty of every master or manager of any steamboat, which shall pass from one port or place to another port or place in the United States, where a pest office is established, to deliver within three hours after his arrival, if in the daytime, and within two hours after the next sunrise, if the arrival be in the night, all letters and packets addressed to, or destined for such port or place, to the postmaster there; for which Compensation. he shall be entitled to receive, of such postmaster, two cents for every letter or packet so delivered, unless the same shall be carried or conveyed under a contract with the postPenalty for neg- master-general. And, if any master or manager of a steamboat shall fail so to deliver lect. any letter or packet, which shall have been brought by him, or shall have been in his care, or within his power, (c) he shall incur a penalty of thirty dollars (d) for every such failure. And every person employed on board any steamboat, shall deliver every letter, and packet of letters, intrusted to such person, to the master or manager of such steamboat, and before the said vessel shall touch at any other port or place; and for every failure or neglect so to deliver, a penalty of ten dollars shall be incurred for each letter or packet. Ibid. 27. 47. No other than a free white person shall be employed in conveying the mail; and Only free whites any contractor who shall employ, or permit, any other than a free white person to convey to carry the mail. the mail, shall, for every such offence, incur a penalty of twenty dollars. Ibid. 28. 48. Whenever it shall be made appear, to the satisfaction of the postmaster-general, Postmaster-gene- that any road established, or which may hereafter be established as a post road, is ral to report post obstructed by fences, gates or bars, or other than those lawfully used on turnpike roads or out of repair. to collect their toll, and not kept in good repair, with proper bridges and ferries, where the same may be necessary; it shall be the duty of the postmaster-general to report the same to congress, with such information as can be obtained, to enable congress to establish some other road instead of it, in the same main direction. roads obstructed Ibid. 9. structing the muil. 49. If any person shall, knowingly and wilfully, obstruct or retard the passage of the Penalty for ob- mail, or of any driver or carrier, or of any horse or carriage, carrying the same, he shall, upon conviction, for every such offence, pay a fine not exceeding one hundred dollars.(e) And if any ferryman shall, by wilful negligence, or refusal to transport the mail across any ferry, delay the same, he shall forfeit and pay, for every ten minutes that the same shall be so delayed, a sum not exceeding ten dollars. Ibid. 19. No stages or 50. No stage or other vehicle, which regularly performs trips on a post road, or on a road parallel to it, shall convey letters; (g) nor shall any packet boat or other vessel, packets to carry which regularly plies on a water declared to be a post road, except such as relate to letters on a post route, &c. some part of the cargo. For the violation of this provision, the owner of the carriage or other vehicle or vessel, shall incur the penalty of fifty dollars; (h) and the person (a) This clause repealed, infra, 124. And duplicate to be lodged in the office of the auditor of the post office department; supra, 31. (b) See infra, 62. (e) The master is not responsible for the conduct of the clerk of the boat in failing to deliver a letter, where he was ignorant of its existence or could not obtain a knowledge of it by the use of reasonable diligence. United States v. Beaty, Hemp. 487. (d) This penalty is increased to $150, by the construction of the 9th, 11th and 12th sections of the act 3 March 1815, (infra, 58, €0, 62). United States v. Beaty. Hemp. 487, 493. (e) This act is not to be so construed as to prevent the arrest of the driver of a carriage in which the mail is conveyed, when he is driving through a crowded city at such a rate as to endanger the lives of the inhabitants. United States v. Hart, Pet. C. C. 30. Nor is it in conflict with a municipal ordinance prohibiting the passage of railroad cars through the limits of a city at a greater speed than six miles per hour. 5 Opin. 554, (9) It is a fraud on the revenue for any commen carrier to be the bearer of any letters, except those of his employers, whether with or without recompense. 4 Opin. 159. Ibid. 276. (h) Every person who aids and abets in the violation of this section is liable to the penalty under 24 of the act; (se tit "Crimes," $3). And a person paying for the transportation of such letter is an aider or bettor. 4 Opin. 311. who has charge of such carriage, or other vehicle or vessel, may be prosecuted under 3 March 1825. this section, and the property in his charge may be levied on and sold, in satisfaction of Penalty. the penalty and costs of suit: (a) Provided, That it shall be lawful for any one to send Special messenletters by special messenger. gers. 51. It shall be the duty of the postmaster-general to report, annually, to congress, Ibid. 239. every post road which shall not, after the second year from its establishment, have pro- Report of un ro duced one-third of the expense of carrying the mail on the same. ductive roads. 4 Stat. 238. 52. No person other than the postmaster-general or his authorized agents, shall set up 2 March 1827 § 3 any foot or horse post, for the conveyance of letters and packets,(b) upon any post road which is or may be established as such by law; and every person who shall offend Penalty for setting up unautho herein, shall incur a penalty of not exceeding fifty dollars for each letter or packet so rized post, &c. carried.(c) 5 Stat. 88. 53. In case the postmaster-general shall deem it expedient to establish an express 2 July 1836 3 39. mail, in addition to the ordinary mail, on any of the post roads in the United States, for the purpose of conveying slips from newspapers in lieu of exchange newspapers, or let- Express mails. ters, other than such as contain money, not exceeding half an ounce in weight, marked 'express mail," and public dispatches, he shall be authorized to charge all letters and packets carried by such express mail with triple the rates of postage to which letters and packets, not free, may be by law subject, when carried by the ordinary mails. 54. The postmaster-general shall be authorized, in his discretion, to contract for car Ibid. 42. rying the mail on the navigable canals of the several states, in all cases where, in his Mails may be opinion, the public interests and convenience shall require it; and for the time during carried on canals. which mails may be carried on such canals, or any parts thereof, the same are hereby declared to be post roads. 5 Stat. 283. Railroads to be post routes. 55. Each and every railroad within the limits of the United States which now is or 7 July 1838 ? 2. hereafter may be made and completed, shall be a post route; and the postmaster-general shall cause the mail to be transported thereon, provided he can have it done upon reasonable terms, and not paying therefor in any instance more than twenty-five per centum over and above what similar transportation would cost in post coaches.(d) 56. The postmaster-general shall not, by virtue of the authority vested in him by the second 25 Jan. 1839 § L section of the Act to establish certain post routes and to discontinue others," approved July 7th 1838, allow more than three hundred dollars per mile per annum, to any railroad Compensation to company in the United States, for the conveyance of one or more daily mails upon their panies limited. roads: (e) Provided, That nothing in this act contained shall be construed so as in any way to remove or impair the limitations upon the power of the postmaster-general imposed by that section. 5 Stat. 314. railroad com 5 Stat. 733. 57. That the postmaster-general be and he is hereby authorized, upon all mail routes 3 March 1845 § 4. over or upon which the amount of matter usually transported, or which may be offered or deposited in the post office or post offices for transportation, is or may become so great Separate letter mails may be as to threaten materially to retard the progress or endanger the security of the letter. established. mail, or to cause any considerable augmentation of the cost of transporting the whole mail at the present rate of speed, to provide for the separate and more secure conveyance of the letter mail, at a speed at least equal to that at which the mail is now transported over such route; taking care to allow in no case of any greater delay, in the transportation of the other matters and things to be transported in the mail on any such route, than may appear to be absolutely necessary, regard being had to the cost of expediting its transportation, and the means at his disposal or under his control for effecting the same. Ibid. 29. prohibited. 58. It shall not be lawful for any person or persons to establish any private express or expresses for the conveyance, nor in any manner to cause to be conveyed, or provide Private expresses for the conveyance or transportation by regular trips, or at stated periods or intervals, on mail routes from one city, town or other place, to any other city, town or place in the United States, between and from and to which cities, towns or other places the United States mail is regularly transported, under the authority of the post office department, of any letters, packets or packages of letters, or other matter properly transmittible in the United States mail, except newspapers, pamphlets, magazines and periodicals. And each and every Penalty. person offending against this provision, or aiding and assisting therein, or acting as such private express, shall, for each time any letter or letters, packet or packages, or other matter properly transmittible by mail, except newspapers, pamphlets, magazines, periodicals, shall or may be by him, her or them, or through his, her or their means or instrumentality, in whole or in part, conveyed or transported, contrary to the true intent, spirit and meaning of this section, forfeit and pay the sum of one hundred and fifty dollars. (a) Letters so transported cannot be charged with postage; nor is it competent to detain a carpet bag containing them; all the department can do is to enforce the penalties. 4 Opin. 349. (b) The term "packets" includes newspapers. 4 Opin. 276. (c) See 4 Opin. 311. And see infra, 58–9. 8 March 1845 210. No mailable mat on post routes except in the mails. 59. It shall not be lawful for any stage-coach, railroad car, steamboat, packet boat or other vehicle or vessel, nor any of the owners, managers, servants or crews of either, ter to be carried which regularly perform trips at stated periods on a post route, or between two or more cities, towns or other places, from one to the other of which the United States mail is regularly conveyed under the authority of the post office department, to transport or convey, otherwise than in the mail, any letter or letters, packet or packages of letters, or other mailable matter whatsoever, (a) except such as may have relation to some part of the cargo of such steamboat, packet boat or other vessel, or to some article at the same time conveyed by the same stage-coach, railroad car or other vehicle, and excepting also newspapers, pamphlets, magazines and periodicals. And for every such offence the owner or owners of the stage-coach, railroad car, steamboat, packet boat or other vehicle or vessel, shall forfeit and pay the sum of one hundred dollars; and the driver, captain, conductor or person having charge of any such stage-coach, railroad car, steamboat, packet boat or other vehicle or vessel, at the time of the commission of any such offence, and who shall not at that time be the owner thereof, in whole or in part, shall, in like manner, forfeit and pay, in every such case of offence, the sum of fifty dollars.(b) Penalty. Ibid. 11. be conveyed over mail routes. 60. The owner or owners of every stage-coach, railroad car, steamboat or other vehicle Persons carrying or vessel, which shall, with the knowledge of any owner or owners, in whole or in part, letters, &c., not to or with the knowledge or connivance of the driver, conductor, captain or other person having charge of any such stage-coach, railroad car, steamboat or other vessel or vehicle, convey or transport any person or persons acting or employed as a private express for the conveyance of letters, packets or packages of letters, or other mailable matter, and actually in possession of such mailable matter, for the purpose of transportation, contrary to the spirit, true intent and meaning of the preceding sections of this law, shall be subject to the like fines and penalties as are herein before provided and directed in the case of persons acting as such private expresses, and of persons employing the same. But nothing in this act contained shall be construed to prohibit the conveyance or transmission of letters, packets or packages, or other matter, to any part of the United States, by private hands, no compensation being tendered or received therefor in any way; or by a special messenger employed only for the single particular occasion. Penalty. Exceptions. Ibid. 12. Penalty for send ter by express, except newspapers, &c. 61. All persons whatsoever who shall, after the passage of this act, transmit by any private express, or other means by this act declared to be unlawful, any letter or letters, ing mailable mat- package or packages, or other mailable matter, excepting newspapers, pamphlets, magazines and periodicals, or who shall place or cause to be deposited at any appointed place, for the purpose of being transported by such unlawful means, any matter or thing properly transmittible by mail, excepting newspapers, pamphlets, magazines and periodicals, or who shall deliver any such matter, excepting newspapers, pamphlets, magazines and periodicals for transmission, to any agent or agents of such unlawful expresses, shall, for each and every offence, forfeit and pay the sum of fifty dollars. Ibid. 13. convey letters. Regulations. Rates of postage to be charged. 62. Nothing in this act contained shall have the effect, or be construed to prohibit the Steamboats may conveyance or transportation of letters by steamboats, as authorized by the sixth section of the act entitled "An act to reduce into one the several acts for establishing and regulating the post office department," approved the 3d of March 1825: (c) Provided, That the requirements of said sixth section of said act be strictly complied with, by the delivery, within the time specified by said act, of all letters so conveyed, not relating to the cargo, or some part thereof, to the postmaster or other authorized agent of the post office department, at the port or place to which said letters may be directed, or intended to be delivered over from said boat. And the postmaster or other agent of the post office department shall charge and collect upon all letters or other mailable matter, so delivered to him, except newspapers, pamphlets, magazines and periodicals, the same rates of postage as would have been charged upon said letters had they been transmitted by mail from the port or place at which they were placed on board the steamboat from Penalty, when to which they were received. But it is hereby expressly provided, that all the pains and penalties provided by this act, for any violation of the provisions of the eleventh section of this act, shall attach in every case to any steamboat, or to the owners and persons having charge thereof, the captain or other person having charge of which shall not, as aforesaid, comply with the requirements of the sixth section of the said law of 1825.(d) No packet over 3 And no postmaster shall receive, to be conveyed by the mail, any packet which shall weigh more than three pounds.(e) attach. lbs. to be sent by mail. Ibid. 15. 63. Mailable matter," and "matter properly transmittible by mail," shall be deemed and taken to mean, all letters and newspapers, and all magazines and pamphlets, peri (a) A paper folded in the form of a letter not sealed, containing an order for merchandise, ismailable matter," within the meaning of this section. United States v. Bromley, 12 How. 88. (b) This is a revenue law within the meaning of the act 31 May 1844 (5 Stat. 658) as to writs of error and appeals. United States v. Bromley, 88. (c) See supra, 46. (d) See United States v. Beaty, Hemp. 487. (e) By act 30 August 1852, (infra, 179), books not exceeding four pounds in weight may be conveyed by mail. ter. odically published, or which may be published in regular series, or in successive num- 3 March 1845. bers, under the same title, though at irregular intervals, and all other written or printed What to be deem matter whereof each copy or number shall not exceed eight ounces in weight, (u) except ed mailable mat bank notes, sent in packages or bundles, without written letters accompanying them; [but bound books, of any size, shall not be held to be included within the meaning of these terms.] (b) And any packet or packets, of whatever size or weight, being made Not to made up up of any such mailable matter, shall subject all persons concerned in transporting the in packets. same to all the penalties of this law, equally as if it or they were not so made up into a packet or packages. But nothing in this act contained shall be so construed as to pro- Except books, hibit any person whatever from transporting, or causing to be transported, over any for distribution. mail route, or any road or way parallel thereto, any books, magazines or pamphlets, or newspapers, not marked, directed or intended for immediate distribution to subscribers or others, but intended for sale as merchandise, and transported in the usual mode of transporting merchandise over the particular route used, and sent or consigned to some bonâ fide dealer or agent for the sale thereof; nor shall anything herein be construed to Travellers may interfere with the right of any traveller to have and take with him or her, for his or her &c., for use. own use, any book, pamphlet, magazine or newspaper. &c. not intended carry books, Ibid. 17. 64. All pecuniary penalties and forfeitures incurred under this act, shall be one-half for the use of the person or persons informing and prosecuting for the same, and the Distribution of other half to the use of the United States, and shall be paid over to the postinaster- penalties. general, and accounted for by him as other moneys of the department. And all causes How recoverable of action arising under this act, may be sued, and all offenders against this act may be prosecuted, before the justices of the peace, magistrates or other judicial courts of the several states and of the several territories of the United States, they having competent Jurisdiction of jurisdiction by the laws of such states or territories, to the trial of claims and demands state courts. of as great value, and of the prosecutions where the punishments are of as great extent. And such justices, magistrates or judiciary, shall take cognisance thereof, and proceed to judgment and execution as in other cases. Ibid. 20. 65. All causes of action arising under this act may be sued, and all offenders against this act may be prosecuted, before any circuit or district court of the United States, or Federal jurisdicthe District of Columbia, or of the territories of the United States. tion. 9 Stat. 201. ent persons not 66. It shall not be lawful to deposit in any post office, to be conveyed in the mail, two 3 March 1847 § 13, or more letters directed to different persons enclosed in the same envelope or packet; and every person so offending shall forfeit the sum of ten dollars, to be recovered by action Letters to differ qui tam, one-half for the use of the informer, and the other half for the use of the post to be enclosed in office department: Provided, That this prohibition shall not apply to any letter or packet one envelope. directed to any foreign country. оце 9 Stat. 496. 67. That the third section of the act of August 14th 1848, (c) entitled "An act to 27 Sept. 1850 & 2 establish certain post routes," be extended to the territories of Utah and New Mexico; and that the postmaster-general be authorized to establish such rates of postage in said Post routes in territories as to him may seem proper, not exceeding those authorized in said act. Utah and New 12 July 1852. 68. The postmaster-general shall be and he is hereby authorized, in his discretion, to contract for carrying the mail on all the plank-roads which have been or shall be constructed in the United States, and in all cases when in his opinion the public interest Mail may be car ried on plankand convenience require it. And for the time during which mails may be carried on roads. such plank-roads, or any part thereof, the same shall be and they are hereby declared to be post roads of the United States. 10 Stat. 111. 69. That the postmaster-general be and he is hereby authorized, if he shall deem it 31 Aug. 1852 4. proper, to advertise for and establish service upon the regular mail route between New Orleans and certain gulf ports of Florida.(d) 70. It shall be the duty of the postmaster-general to issue proposals and contract for 31 Aug. 1852 11. the transportation of a daily mail between Louisville and Cairo, St. Louis and Cairo, Cairo and Memphis, and Memphis and New Orleans; and to supply such intermediate Mails on the points as he may order from time to time, on suitable and safe steamboats. 10 Stat. 142. Mississippi. 71. That all railroads and parts of railroads which are now or hereafter may be in 3 March 1853 3 3. operation, be and the same are hereby declared to be post roads; and the postmastergeneral may contract for carrying the mails thereon according to existing laws. 10 Stat. 255. 10 Stat. 589. Contracts for mails on the Mis 72. That the postmaster-general be authorized and directed to establish a mail on the 5 Aug. 1854 ? 5. Mississippi river, from Cairo to New Orleans, and from Keokuk, Iowa, to Galena, in Illinois; and that he contract for the same in one line or in such divisions or sections, or both, as may be most compatible with the public service; and to facilitate the execution sissippi. of this section the postmaster-general may make immediate temporary arrangements for carrying said mail by the trip; and if he fails to obtain acceptable bids, after advertising for thirty days, he may make private contracts for carrying said mail, and the said mail (a) By act 3 March 1851 22. parcels of printed matter not weighing over thirty-two ounces, shall be deemed mailable matter. 9 Stat. 588. (b) See infra, 179. (c) 9 Stat. 320. (d) See infra, 99. 5 August 1854. shall be carried daily from Cairo to New Orleans; but the postmaster-general is auth rized at his discretion to restrict the delivery of the mail at all other points than Cairo, Memphis, Napoleon, Vicksburg, Natchez, Baton Rouge and New Orleans, to three mails a week each way: Provided, Nothing herein contained shall be so construed as to impair the rights of parties heretofore contracting for said service. 8 March 1847 8 6. 9 Stat. 200. Mails to the Pacific across the ma. V. MAILS TO THE PACIFIC. 73. That the postmaster-general be and he is hereby authorized to contract for transporting a mail from Charleston, South Carolina, to Chagres, touching at St. Augustine and Key West, and also at Havana, in the island of Cuba, if deemed expedient, and isthmus of Pana- across the isthmus to Panama, and from thence to Astoria, or the mouth of the Columbia river, touching at Monterey, St. Francisco, and such other places on the coast as the postmaster-general may direct; the mail to be conveyed from Charleston to Chagres, and from Panama to Astoria, in steamships, and to be transported each way once every two months, or oftener, as the public interest may require: Provided, That the expenditure for said service shall not exceed $100,000 per annum. Ibid. 7. Postmasters to be appointed. 74. That the postmaster-general be and he is hereby authorized to establish a post office and appoint a deputy postmaster at Astoria, and such other places on the coast of the Pacific, within the territory of the United States, as the public interest may require. That all letters conveyed to or from Chagres shall be charged with twenty cents postage; Rates of postage. and all letters conveyed to or from Havana shall be subject to twelve and a half cents Ibid. 28. Contracts to proof steamships. postage; and letters carried to or from Panama shall pay a postage of thirty cents;(@) [and letters to or from Astoria, or any other place on the Pacific coast, within the territory of the United States, shall pay forty cents postage.](b) 66 75. Any contract made in pursuance of this act shall provide for the purchase, by the United States, of the steamships to be employed in conveying the mail, at its option, vide for purchase agreeably to the provisions of an act entitled An act to provide for the transportation of the mail between the United States and foreign countries, and for other purposes," approved the 3d day of March 1845: (c) Provided, That the departure and return of said mail may, at the discretion of the postmaster-general, be either from Charleston, New York, Savannah, Pensacola or New Orleans, as may be deemed most consistent with the public interest. Departure of mails. 3 March 1851 21. 9 Stat. 623. Departure of steamships to be re-arranged. 76. That the secretary of the navy and the postmaster-general be authorized, by and with the consent of the contracting parties respectively, to re-arrange the running of the United States mail steamships, so as to afford more direct dispatch between the ports of the United States and the isthmus of Panama: Provided, That the postmaster-general shall maintain a semi-monthly mail between Charleston, Savannah and Havana, during the continuance of the Sloo contract, and also to make the service from Panama to California and Oregon conform with the service required by the existing contract on the Atlantic side of the isthmus, by increasing the trips of the Pacific line to semi-monthly: Provided, That the said increased service on the Pacific side shall be at a rate not exceeding seventy-five per cent. upon the amount now paid for Pacific service, and to be performed in steamships built according to the specifications, and subject to all the clauses of the A. Harri's contract, beneficial to the United States. And the postmaster-general is hereby authorized to include in this arrangement such a provision for the transportation of the letter mails only, in the steamships of the said contractors, running between New York and Chagres, and as in his opinion the public service may demand, not Compensation for exceeding in the whole the amount herein limited: And provided further, That the compensation for the semi-monthly service already performed between Panama and California and Oregon, and for such service for the coming year, shall not exceed threefourths the usual rate at which additional mail service may be ordered under existing laws; and shall be paid out of any ur expended balance of money heretofore appropriated for mail steam service: Provided, That whenever a better route between the Atlantic and Pacific Oceans is established, the secretary of the navy and the postmaster-general are authorized to agree with the present contractors for the Pacific line to change the terminus of the additional semi-monthly service hereby authorized, so as to secure the advantage of increased dispatch and economy; and in case the reduction of compensation for the change of service be not agreed on between the parties, the same shall bə referred to congress; and the postmaster-general is also authorized to make corresponding arrangements with the present contractors for the transportation of the mail from New York to Chagres for the change of the terminus of their route. And until such better route be established, the postmaster-general shall be and hereby is authorized to enter into contracts, or to make suitable arrangements for transporting the mails between increased service. Route may be changed. Contracts. (a) By act 3 March 1851, (infra, 107), the postmaster-general is authorized to enlarge or reduce the rates of postage between the United States and any foreign country. (b) See infra, 180. (c) See infra, 98. |