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States which may come into my possession or control; so help me God." Every person 3 March 1863. who shall be in any manner employed in the care, custody, conveyance or management All persons emof the mail, shall be subject to all pains, penalties and forfeitures for violating the in- ployed to be subject to the post junctions or neglecting, the duties required of him by the laws relating to the estab- office laws, whelishment of the post office and post roads, whether such persons shall have taken the not. oath or affirmation above prescribed or not.
ther sworn or
13 Stat. 506.
in the Pa
7. That the 17th section of the act entitled "An act to establish salaries for post- 3 March 1865 ? 5. masters, and for other purposes," approved July 1st 1864, be and the same is hereby amended, so as to restore, from the date of its passage, to the special agent of the post Pay of special office department in the Pacific states and territories, his regular salary of two thou- cific states, &c. sand five hundred dollars per annum, under the act of March 2d 1861, (a) with an allowance, in addition thereto, of a sum not exceeding five dollars per diem, to provide for his actual travelling and incidental expenses while actively employed in the service. And the postmaster-general is hereby authorized to appoint an additional special agent Additional spefor the Pacific states and territories, and two additional special agents to superintend postal matters connected with the railway mail service of the United States, who shall receive the same salary and per diem allowance for travelling and incidental expenses, to be paid out of the appropriation for mail transportation.
8. Special agents of the post office department, other than those appointed for the Ibid. 26. Pacific states and territories, or those appointed under the authority of the preceding Travelling exsection of this act to superintend postal matters connected with the railway service of penses of special the United States, shall be allowed for their necessary travelling and incidental expenses, while actively employed in the service, a sum not exceeding five dollars per diem.
12 Stat. 515.
9. That the 3d section of an act of congress entitled "An act making appropriations 3 March 1865 2 1. for the civil and diplomatic expenses of the government for the year ending 30th of June 1854," approved the 3d of March 1853, be and the same is hereby amended, so as Chief clerks to to authorize the appointment of a chief clerk in the offices of each of the three assistants masters-general. postmasters-general, at a salary of two thousand dollars per annum each.
10. In lieu of temporary clerks now employed in the post office department, and paid Ibid. 22. out of the appropriation for postage stamps and stamped envelopes and the proceeds of Additional sales of waste paper, the postmaster-general be and he is hereby authorized to appoint clerks. two clerks of class three, two clerks of class two and five clerks of class one.
14 Stat. 60.
11. Whenever the postmaster-general shall require special agents of the post office 12 June 1866 § 9. department to collect or disburse the public moneys accruing from postages, such special agent or agents, when so employed, shall, prior to entering upon such duty, Special agents to give bond in such sum, in such form and with such security, as the postmaster-general may approve.
14 Stat. 378.
12. That the postmaster-general be authorized to pay route agents in the service of 22 Jan. 1867 1. the post office department, any sum not less than nine hundred dollars nor more than twelve hundred dollars per annum.
15 Stat. 196.
13. That for the more efficient management of the increased postal business con- 27 July 1868 ? 8. nected with the foreign mail service, the postmaster-general be and he is hereby authorized to appoint in his department, a superintendent of foreign mails, at an annual Superintendent salary of three thousand dollars, and also three additional clerks for that branch of the postal service, to wit: one of class four, and two of class three. And the salary of clerks. the superintendent of the money-order system shall be three thousand dollars per
of foreign mails. Additional
14. That the postmaster-general be and he is hereby authorized to appoint, in the Ibid. 29. office of the third assistant postmaster-general, a chief of division for the dead-letter Chief of deadoffice, at a salary of two thousand five hundred dollars per annum.
15. That the postmaster-general be and he is hereby authorized and empowered to Ibid. & 14. establish a blank agency for the post office department, to be located in the city of Blank agency. Washington, District of Columbia, and to appoint one superintendent at an annual Officers and salary of eighteen hundred dollars, one assistant superintendent at an annual salary of sixteen hundred dollars, and three other assistants at an annual salary of one thousand dollars each, and two laborers at an annual salary of seven hundred and twenty dollars each; and all other blank agencies are hereby abolished.
16. That the proviso in section three of the act approved March 3, 1825, (b) entitled "An act to reduce into one the several acts establishing and regulating the post office Repeal of proviso department," be and the same is hereby repealed: Provided, That nothing herein con- to act of 1825. tained shall repeal any of the provisions of the act approved July 11, 1862, entitled "An act in relation to the post office department."
(a) 12 Stat. 205. By act 2 June 1862. 23, the postmaster-general than the amount designated for such service by law. 12 Stat. is authorized to fix the salaries of special agents of the post office 421. department, employed on temporary service, at any sum less
(b) 1 vol. 759, pl. 3.
17. If, on the final settlement of the account of any postmaster, it shall appear that such postmaster is indebted to the United States, and suit shall not be instituted within three years after the close of such account, then and in that case, the sureties on the bond of such postmaster shall not be liable to the United States. (a)
Ibid. 18. 18. Copies of the quarterly returns of postmasters, and of any papers pertaining to Copies of papers the accounts in the office of the auditor of the treasury for the post office department, to be evidence in certified by him under his seal of office, shall be admitted as evidence in the courts of
the United States, in criminal prosecutions, in the same manner as the same are now admitted in civil cases, as provided in section fifteen of an act entitled "An act to change the organization of the post office department, and to provide more effectually for the settlement of the accounts thereof," approved July 2d 1836.
27 July 1868 17. Limitation of suits against sureties.
Ibid. 19. What to be evion a delinquent postmaster.
19. In all suits for the recovery of balances due from postmasters, a copy, duly certified under the seal of the auditor of the treasury for the post office department, of the dence of demand statement of any postmaster, special agent, or other person employed by the post
master-general or the said auditor for that purpose, that he has mailed a letter to such delinquent postmaster at the post office where the indebtedness accrued, or at his last and usual place of abode, and that a sufficient tim has elapsed the ordinary course of mail to have reached its designation, and has not received payment of such balance within the time designated in his instructions, shall be received as sufficient evidence, in the courts of the United States or other courts, that a demand has been made on such delinquent postmaster: Provided, nevertheless, That when the account of a late postmaster has been once adjusted and settled, and a demand made for the balance appearing to be due, and afterwards allowances shall be made or credits entered on the account, it shall not be necessary to make a further demand for the new balance found to be due. II. ANNUAL REPORTS TO CONGRESS.
20. It shall be the duty of the postmaster-general to furnish to congress, in his annual report, on the first Monday of December next, and of each and every year Report of miscel- thereafter, a detailed statement of the expenditures made under the head of "miscella
15 June 1860 1. 12 Stat. 38.
18 May 1866 4. 14 Stat. 49. Annual estimates.
14 June 1858 ? 2. 11 Stat. 362.
Great southern mail to be expedited.
27 Feb. 1861 ? 12. 12 Stat. 169.
Maps, engravings, books, paper, &c., to be mailable matter.
Ibid. 13. Cards, blanks, seeds and cuttings.
III. ACCOUNTS OF THE POST OFFICE.
21. That the postmaster-general be and is hereby required to report to the secretary of the treasury, annually, prior to the first day of November of each year, his estimate of the money required for the service of the post office department for the ensuing fiscal year; which estimate shall be reported to congress with the printed estimates of appropriations required by the joint resolution of the seventh of January 1846.
IV. MAILS AND POST ROUTES.
22. That the postmaster-general be authorized to make such arrangements for the transmission of the great through mails between Portland and New Orleans, as will insure the most speedy and certain connection, including in the route for one of the daily mails, as many of the seaboard commercial cities as may be consistent with the greatest despatch.
23. Maps, engravings, lithographs or photographic prints, on rollers or in paper covers, books, bound or unbound, phonographic paper, and letter envelopes, shall be deemed mailable matter, and charged with postage by the weight of the package, not in any case to exceed four pounds, [at the rate of one cent an ounce, or fraction of an ounce, to any place in the United States under fifteen hundred miles, and at the rate of two cents an ounce, or fraction of an ounce, over fifteen hundred miles, to be prepaid by postage stamps.] (b)
24. Cards, blank or printed, blanks in packages weighing at least eight ounces, and seeds or cuttings, in packages not exceeding eight ounces in weight, shall also be deemed mailable matter, [and charged with postage at the rate of one cent an ounce, or fraction of an ounce, to any place in the United States under fifteen hundred miles, and at the rate of two cents an ounce or fraction of an ounce, over fifteen hundred miles, to be prepaid by postage stamps.] (b)
12 Stat. 177.
28 Feb. 1861 1. 25. Whenever, in the opinion of the postmaster-general, the postal service cannot be safely continued, or the post office revenues collected, or the postal laws maintained, on any post route, by reason of any cause whatsoever, the postmaster-general is hereby discontinued by authorized to discontinue (c) the postal service on such route, or any part thereof, and any
When mail routes may be
post offices thereon, till the same can be safely restored, and shall report his action to congress.
(a) See Roddy v. United States, 10 Pitts. L. J. 161. (b) See infra 97.
(c) A suspension, during the war, with a notice to the contractor, that he would be held responsible for a renewal, when
deemed safe, is a discontinuance within the meaning of this act; and entitles the mail carrier to a month's pay, contracted for, in case the postmaster-general should discontinue the service. Reeside v. United States, 8 Wall.
26. That the provisions of the 3d section of an act entitled "An act amendatory of an act regulating the post office department," approved March 2d 1827, (a) be and the same are hereby applied to all post routes which have been or may hereafter be established in any town or city by the postmaster-general, by virtue of the 10th section of an act entitled "An act to reduce and modify the rates of postage in the United States, and for other purposes," approved February 27th 1851.(b)
12 Stat. 421.
27. The postmaster-general is hereby authorized to change the terminus of existing 2 June 1862 3 2. mail routes connecting with or intersecting railroads, when the postal service can be thereby improved.
13 Stat. 2.
28. Articles of clothing, being manufactured of wool, cotton or linen, and comprised 22 Jan. 1864 § 1. in a package not exceeding two pounds in weight, addressed to any non-commissioned officer or private serving in the armies of the United States, may be transferred in the Certain articles mails of the United States, at the rate of eight cents, to be in all cases prepaid, for every four ounces, or any fraction thereof, subject to such regulations as the postmastergeneral may prescribe.
may be carried
in the mails.
March 1861 4.
12 Stat. 205.
Penalty for setting up unautho rized post routes
13 Stat. 37.
29. If any person or persons shall paint, print, post or in any other manner place 25 March 1864 1. upon or attach to any steamboat or other vessel, or any stage coach or other vehicle, which steamboat or other vessel, or stage-coach or other vehicle, is not actually used in Penalty for falsely advertiscarrying the mails of the United States, the words "United States mail," or any other ing conveyances: words, letters or characters of like import; or if any person or persons shall give notice as mail coaches, either by publishing in any newspaper or otherwise, that any steamboat or other vessel, or any stage-coach or other vehicle, is used in carrying the mails of the United States, when the same is not actually so used; every person so offending, or wilfully aiding or abetting therein, shall, on conviction thereof, in any court of competent jurisdiction, be fined in any sum not less than one hundred nor more than five hundred dollars for every such offence; one half for the use of the United States and the other half to the use of the person informing and prosecuting for the same.
30. That the postmaster-general be and he is hereby authorized to pay, out of the appropriation for miscellaneous expenses, the sum of ten thousand dollars, or so much Post route maps thereof as may be required, for defraying the necessary expense of preparing and pub- to be published. lishing a set of post-route maps arranged by states and groups of states, and showing all the permanent mail routes, distances and post offices thereon in the United States, with other statistical information.
31. For the purpose of assorting and distributing letters and other mail matter in railway post offices, the postmaster-general may, from time to time, appoint clerks, Clerks in railway who shall be paid out of the appropriation for mail transportation: Provided, That the post offices. salary of each head clerk so appointed and employed, shall not exceed fourteen hundred dollars per annum, and that the salary of other clerks shall not exceed twelve hundred dollars each per annum.
32. No steamship or other vessel departing from the United States for a foreign port or ports, shall be permitted to receive on board, or convey any letters or letter packets Letters not to be originating in the United States, which have not been regularly posted at and received received by ships unless regularly. from the post office at the port of departure; and it shall be the duty of the collector posted. or other officer of the port empowered to grant clearances of vessels, to require, as a Affidavit of mascondition of clearance from the master or commander of such steamship or vessel, an oath or affirmation that he has not received on board his ship or vessel, and has not under his care or within his control, and will not receive and convey any letters or letter packets addressed to a foreign country, except as hereinafter excepted, which have not been delivered to him from the post office at the port of departure: Provided, how- Exceptions. ever, That the provisions of this section shall not apply to any letters or letter packets which relate to the cargo, and are addressed to the owner or consignee of such steamship or other vessel, or to any letters or packets which are enclosed in a United States stamped envelope of a denomination sufficient in amount to cover the United States postage legally chargeable thereon, if such letters or packets had been posted and transmitted by the regular mail.
(a) 1 vol. 767, pl. 52.
(b) 1 vol. 789, pl. 198. See United States v. Kimball, 7 Law Rep. 32. United States v. Hall, 9 Am. L. R. 232. United States
Ibid. 2 16.
admitted into the
33. No obscene book, pamphlet, picture, print or other publication of a vulgar and indecent character, shall be admitted into the mails of the United States. Any person obscene publicaor persons who shall deposit or cause to be deposited, in any post office or branch post tions not to be office of the United States, for mailing or for delivery, an obscene book, pamphlet, pic- mails. ture, print or other publication, knowing the same to be of a vulgar and indecent character, shall be deemed guilty of a misdemeanor; and being duly convicted thereof, Penalty. shall for every such offence, be fined not more than five hundred dollars, or imprisoned
v. Kochersperger, 9 Am. L. R. 145. United States v. Thompson, 9 Law Rep. 451. United States v. Adams, 1 West. L. J. 315.
25 March 1864.
3 March 1865 2 1. 13 Stat. 515.
34. No person, by reason of color, shall be disqualified from employment in carrying the mails; and all acts and parts of acts establishing such disqualification, including especially the 7th section of the act of March 3d 1825, are hereby repealed.
35. All railroad companies carrying the mails of the United States shall convey, without extra charge, by any train which they may run over their roads, all such printed matter as the postmaster-general shall, from time to time, direct to be transported ried without ex- thereon, with the persons in charge of the mails designated by the post office depart
Certain printed matter to be car
ment for that purpose.
12 June 1866 5. 14 Stat. 60.
15 June 1860 4. 12 Stat. 39.
How foreign mails to be carried.
not more than one year, or both, according to the circumstances and aggravations of the offence.
40. That the postmaster-general be and he is hereby authorized, to cause the mails to be transported between the United States and any foreign port or ports, by steamral may contract ship, allowing and paying therefor out of any money in the treasury not otherwise
Ibid. 25. Postmaster-gene
mails by sea.
appropriated, if by an American vessel, the sea and United States inland postage, and if by a foreign vessel, the sea postage only, on the mails so conveyed.
17 April 1862 4. 12 Stat. 382.
Preference of American vessels abolished.
36. It shall not be lawful to deposit in a post office, to be sent by mail, any letters or circulars concerning lotteries, so-called gift concerts, or other similar enterprises, offering prizes of any kind on any pretext whatever.
IV. MAILS TO THE PACIFIC.
25 Mar. 1864 1. 13 Stat. 36.
37. That the postmaster-general be and he is hereby authorized to establish a coast mail, not less than semi-monthly, by steam-vessels, between San Francisco and Crescent City, in the state of California, including service at the intermediate ports: Provided, That the sum to be paid for such service shall not exceed the sum of twenty thousand dollars per annum.
38. That the postmaster-general be and he is hereby authorized to contract and provide for the transportation of the United States mails on the steamships running between San Francisco, California, and Victoria, Vancouver's Island, to be delivered at Crescent City and Trinidad, California, Astoria and Portland in Oregon, as often as said steamships touch at said ports named, and at Port Angelos, Washington territory, as often as said steamships approach or pass that point going to or returning from Victoria. And the mail service provided for by the 5th section of the act entitled "An act making appropriations for the service of the post office department during the fiscal year ending the 30th of June 1863," shall cease on the termination of the year for which it was contracted: Provided, nevertheless, That the service herein provided for shall not exceed the sum of twenty-four thousand dollars per annum.
VI. FOREIGN MAILS.
39. It shall not be lawful for the postmaster-general to make any steamship or other new contract for carrying the mails on the sea, for a longer period than two years, nor for any other compensation than the sea and inland postages on the mails so transported.
42. That all acts and parts of acts heretofore passed, requiring that the postmastergeneral, in causing the transportation of mails by steamships between the United States and any foreign port or ports, or between any ports of the United States, touching at a foreign port, shall give preference to American over foreign steamships, when departing from the same port, for the same destination, within three days of each other, be and the same are hereby repealed,
43. All steamers and sailing-vessels belonging to citizens of the United States, and bound from any port in the United States to any foreign port, or from any foreign port American vessels to any port in the United States, shall, before clearance, receive on board and securely
to receive mails on board.
convey all such mails as the post office department of the United States, or any minister, consul or commercial agent of the United States abroad shall offer, and promptly deliver the same to the proper authorities, on arriving at the port of destination; and Compensation. shall receive for such service such reasonable compensation as may be allowed by law. Ibid. 2. 44. Upon the entry of every steamer or sailing-vessel from any foreign port, the master Masters to make or commander thereof shall make return, on oath or affirmation, showing that he has returns, on oath. promptly delivered at such foreign port or ports all mails placed on board of the steamer
or vessel under his command before clearance from the United States. And in case the
(a) See infra 51.
41. That the postmaster-general be and he is hereby authorized, to cause the mails to be transported between the United States and any foreign port or ports, or between any port of the United States to any other port of the United States, touching at a foreign port by steamship, allowing and paying therefor, if by an American vessel, the sea and United States inland postage, and if by a foreign vessel, the sea postage only, on the mails so conveyed.(a)
master or commander shall fail to make oath or affirmation as aforesaid, showing that 25 March 1864. he has delivered the mails placed on board his steamer or vessel in good faith, the said Penalty for steamer or vessel shall not be entitled to the privileges of a steamer or vessel of the neglect. United States.
14 Stat. 49.
14 Stat. 301.
45. That the postmaster-general be and he is hereby authorized, to employ sailing- 18 May 1866 3 3. vessels for the transportation of the mails between the ports of the United States and any foreign ports, where the service may be facilitated thereby ; allowing and paying there- Employment of for a compensation not exceeding the sea postages accruing on the mails so conveyed. 46. That the postmaster-general be and he is hereby authorized and directed, to 27 July 1866 2 1. furnish to the post offices exchanging mails with foreign countires, and to such other offices as he shall think expedient, postal balances denominated in grams of the metric Balances on the system; and until otherwise provided by law, one-half ounce avoirdupois shall be be furnished to deemed and taken, for postal purposes, as the equivalent of fifteen grams of the metric certain offices. weights, and so adopted in progression; and the rates of postage shall be applied accordingly.
metric system to
15 Stat. 195.
47. That the postmaster-general be and he is hereby authorized, to appoint and em- 27 July 1868 3 6. ploy on board of each of the mail steamers plying on the route between San Francisco, Japan and China, and between San Francisco and Honolulu (Hawaiian Islands), a government agent in charge of the United States mails, at an annual salary of two thousand dollars each per annum.
48. That the postmaster-general be and he is hereby authorized to establish, in connection with the United States mail steamship service to Japan and China, a general Postal agencies postal agency at Shanghai, China, with such branch agencies at other ports in China in China and and Japan as shall, in his judgment, be necessary for the prompt and efficient management of the postal service in those countries; and to pay the postal agents so appointed and employed a reasonable compensation for their services, in addition to the necessary expenses for rent, furniture, clerk-hire, and so forth, to be allowed at each agency for conducting the postal business; a report on which shall be embraced in the annual report of the postmaster-general.
Agents to be apsteamers.
pointed on mail
VII. MAIL CONTRACTS.
11 Stat. 27.
49. That so much of all acts and parts of acts, as require or authorize the postmaster- 12 June 1858 ? 12. general to publish notice of letting contracts to carry the mails in the respective states, in newspapers published in the city of Washington, in the District of Columbia, be and the same is hereby repealed.
Washington dispensed with.
50. The postmaster-general may, if he shall deem it for the public interests, enter 25 Mar. 1864 2 5. into contracts for any period not exceeding one year, for the transportation of the mails in steamships, by sea, between any of the ports in the United States.
13 Stat. 37.
13 Stat. 506.
51. That the provisions of the 4th section of the act entitled "An act making appro- 3 March 1865 3 9 priations for the service of the post office department during the fiscal year ending the 30th of June 1861," approved June 15th 1860, (a) be and the same are hereby modified, so as to authorize the postmaster-general to cause the mails to be transported between the United States and any foreign port or ports, or between ports of the United States, touching at a foreign port, by steamship, allowing and paying therefor, if by an American vessel, any sum not exceeding the sea and United States inland postage, and if by a foreign vessel, any sum not exceeding the sea postage, on the mails so conveyed. 52. The yearly advertisement for proposals to carry the mails of the United States shall be published, hereafter, for a period of six weeks, in one or more, but not to exceed five newspapers, printed in the state or territory where the mail service is to be performed, one of which shall be printed at the seat of government of such state or territory.
Mail steamship service, how paid.
(b) 1 vol. 782, pl. 150.
Ibid. & 14. Publication of
VIII. POST OFFICES.
11 Stat. 293.
53. The postmaster-general may, from time to time, in his discretion, dispose of any 24 May 1859 & 1. quarterly returns of mails sent or received, preserving the accounts current, and all vouchers accompanying such accounts, and use such portions of the proceeds thereof as Disposition of may be necessary to defray the cost of separating and disposing of the same: Provided, turns. That the accounts shall be preserved entire, at least two years.
12 Stat. 167.
54. That the 4th section of the act of congress approved 5th August 1854, (b) entitled 27 Feb. 1861 34. "An act making appropriations for the service of the post office department during the fiscal year ending the 30th June 1855," be and the same is hereby continued from the 5th day of August 1858 to the 5th of August 1860.
documents at Washington.
12 Stat. 204.
55. No compensation shall be paid to postmasters after the 30th of June 1861, for 2 March 1861 31. the delivery of free letters or papers to their recipients, except to the postmaster at Washington City, District of Columbia, in pursuance of the existing law authorizing a special allowance to him for such service.
(a) Supra 41.
No extra compensation for delive ry of free letters, &c.