examine the route of said canal. and Ohio canal, and report to the President of the United States the facts and reasons on which they may ground their judgment thereupon; which report shall be submitted to the Congress of the United States, at their session next ensuing the date thereof for their decision thereon; and if Congress shall be of opinion that the said canal may be cut in the manner proposed, as aforesaid, without impeding or injuring the navigation of the Chesapeake and Ohio canal, the same shall be conclusive thereon. APPROVED, March 3, 1825. STATUTE II. March 3, 1825. CHAP. LVII.-An Act making appropriation to satisfy certain balances due to [Obsolete.] 3386 dollars five cents appropriated to satisfy certain balances due to the commissioners of land claims in Flori da and their secretaries, prior to Dec. 31, 1824. STATUTE II. March 3, 1825. Act of March Act of July 2, 1836, ch. 270, ch. 352. sec. 12. Resolution of March 2, 1837. Act of Jan. 25, 1839, ch. 4. Act of March 3, 1845, ch. 43. A general post-office to be established at the scat of gov ernment, under the direction of the commissioners and secretaries of land claims in Florida. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That there be and hereby is, appropriated out of any money in the treasury not otherwise appropriated, the sum of three thousand three hundred and eighty-six dollars and five cents, to satisfy certain balances due to the commissioners of land claims in Florida and their several secretaries, prior to the thirty-first day of December, one thousand eight hundred and twenty-four. APPROVED, March 3, 1825. CHAP. LXIV.—An Act to reduce into one the several acts establishing and regulating the Post-office Department. (a) Be it enacted by the Senate and House of Representatives of the United 2, 1827, ch. 61. States of America, in Congress assembled, That there be established, at the seat of the government of the United States, a general post-office, under the direction of a Postmaster General. The Postmaster General shall appoint two assistants, and such clerks as may be necessary for the performance of the business of his office, and as are authorized by law; and shall procure, and cause to be kept, a seal for the said office, which shall be affixed to commissions of postmasters, and used to authenticate all transcripts and copies which may be required from the department. He shall establish post-offices, and appoint postmasters, at all such places, as shall appear to him expedient, on the post-roads that are, or may be, established by law. He shall give his assistants, the postmasters, and all other persons whom he shall employ, or who may be employed, in any of the departments of the general post-office, instructions relative to their duty. He shall provide for the carriage of the mail on all post-roads that are, or may be, established by law, and as often as he, having regard to the productiveness thereof, and other circumstances, shall think proper. He may direct the route or road, where there are more than one, between places designated by law for a post-road, which route shall be considered the post-road. He shall obtain from the postmasters, their accounts and vouchers for their receipts and expenditures, once in three months, or oftener, with the balances thereon arising, in favour of the general postoffice. He shall pay all expenses which may arise in conducting the post-office, and in the conveyance of the mail, and all other necessary expenses arising on the collection of the revenue, and management of the general post-office. He shall prosecute offences against the postoffice establishment. He shall, once in three months, render to the Secretary of the Treasury, a quarterly account of all the receipts and a Postmaster General, who shall appoint two assistants and such clerks as he may deem necessary to complete the business of the office, &c. &c. Duties of the postmaster. Proviso. (a) See vol. i. 363, for notes of the decisions of the courts of the United States, on the duties and obligations of the Postmaster General, Postmasters, and the Post-office Department, vol. ii. 592. Notes of the acts relative to the Post-office Department, vol. ii. 592. Notes of the acts of Congress relative to the franking privilege, vol. ii. 599." expenditures in the said department, to be adjusted and settled as other public accounts. He shall also, superintend the business of the department, in all the duties that are, or may be, assigned to it: Provided, That, in case of the death, resignation, or removal from office, of the Postmaster General, all his duties shall be performed by his senior assistant, until a successor shall be appointed, and arrive at the general post-office, to perform the business. SEC. 2. And be it further enacted, That the Postmaster General, and all other persons employed in the general post-office, or in the care, custody, or conveyance of the mail, shall, previous to entering upon the duties assigned to them,or [in] the execution of their trusts, and before they shall be entitled to receive any emolument therefor, respectively take and subscribe the following oath, or affirmation, before some magistrate, and cause a certificate thereof to be filed in the general post-office: "I, A. B. do swear or affirm, (as the case may be,) that I will faithfully perform all the duties required of me, and abstain from every thing forbidden by the laws in relation to the establishment of the post-office and post-roads within the United States." Every person, who shall be, in any manner, employed in the care, custody, conveyance, or management of the mail, shall be subject to all pains, penalties, and forfeitures, for violating the injunctions, or neglecting the duties, required of him by the laws relating to the establishment of the post-office and post-roads, whether such person shall have taken the oath or affirmation, above prescribed, or not. SEC. 3. And be it further enacted, That it shall be the duty of the Postmaster General, upon the appointment of any postmaster, to require, and take, of such postmaster, bond, with good and approved security, in such penalty as he may judge sufficient, conditioned for the faithful discharge of all the duties of such postmaster, required by law, or which may be required by any instruction, or general rule, for the government of the department: Provided, however, That, if default shall be made by the postmaster aforesaid, at any time, and the Postmaster General shall fail to institute suit against such postmaster, and said sureties, for two years from and after such default shall be made, then, and in that case, the said sureties shall not be held liable to the United States, nor shall suit be instituted against them. here SEC. 4. And be it further enacted, That the Postmaster General shall cause a mail to be carried from the nearest post-office, on any established post-road, to the courthouse of any county which is now, or may after 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. SEC. 5. And be it further enacted, 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 Provided, That he does not pay more than three cents for each Course to be pursued by the master or mana ger of every steamboat car rying the mail; with his duties enjoined. None but a free white per son to carry the mail. The Postmaster General, when any established post-road is out of repair, &c. to report to Congress to such effect. Any person wilfully stopping the mail, shall, upon con- Before the Postmaster General shall enter into a con tract for carrying the mail, twelve weeks' public notice must be given. letter, and more than one half cent for each newspaper, conveyed in such mail. SEC. 6. And be it further enacted, That 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 post-office is established, to deliver within three hours after his arrival, if in the day time, 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 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 Postmaster General; and, if any master or manager of a steamboat shall fail so to deliver any letter or packet, which shall have been brought by him, or shall have been in his care, or within his power, he shall incur a penalty of thirty dollars 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. SEC. 7. And be it further enacted, That no other than a free white person shall be employed in conveying the mail; and any contractor who shall employ, or permit, any other than a free white person to convey the mail, shall, for every such offence, incur a penalty of twenty dollars. SEC. 8. And be it further enacted, That, whenever it shall be made appear, to the satisfaction of the Postmaster General, that any road established, or which may hereafter be established as a post-road, is obstructed by fences, gates, or bars, or other than those lawfully used on turnpike roads 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. SEC. 9. And be it further enacted, That, if any person shall, knowingly and wilfully, obstruct or retard the passage of the 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; 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. (a) SEC. 10. And be it further enacted, That it shall be the duty of the Postmaster General to give public notice, in one newspaper published at the seat of government of the United States, and in one or more of the newspapers published in the state or states or territory, where the contract is to be performed, for at least twelve weeks before entering into any contract for carrying the mail, that such contract is intended to be made, and the day on which it is to be concluded, describing the places from and to which such mail is to be conveyed, the time at which it is to be made up, and the day and hour at which it is to be delivered. He shall (a) If the ordinances of the city of Philadelphia are in collision with an act of Congress, the former must give way. The laws of Congress, made in pursuance of the Constitution of the United States, are the supreme law of the land, any thing in the constitution or laws of any state notwithstanding. United States v. John Hart, Peters' C. C. R. 390. Driving a carriage through a populous and crowded street in the city, at such a rate or in such a manner as to endanger the inhabitants, is an indictable offence at common law, and amounts to a breach of the peace; a constable is authorized, without warrant, to prevent the peace being so broken. Ibid. The act of Congress prohibiting the stoppage of the mail, is not to be so construed as to prevent the arrest of the driver of a carriage in which the mail is carried, when he is driving through a crowded city at such a rate as to endanger the lives of the inhabitants. Ibid. moreover, within ninety days after the making of any contract, lodge a duplicate thereof, together with the proposals which he shall have received respecting it, in the office of the comptroller of the treasury of the United States: Provided, That no contract shall be entered into for a longer term than four years. Proviso. Every post master to keep an office, &c. SEC. 11. And be it further enacted, That every postmaster shall keep an office, in which one or more persons shall attend on every day on which a mail shall arrive, by land or water, as well as on other days, at such hours as the Postmaster General shall direct, for the purpose of performing the duties thereof; and it shall be the duty of the postmaster, at all reasonable hours, on every day of the week, to deliver, on demand, any letter, paper, or packet, to the person entitled to, or authorized to receive the same; and all letters, brought to any post-office half an hour before the time of making up the mail at such office, shall be forwarded therein, except at such post-offices where, in the opinion of the Postmaster General, it requires more time for making up the mail, and which he shall accordingly prescribe; but this shall, in no case, exceed one hour. SEC. 12. And be it further enacted, That no fees or perquisites shall be received by any person employed in the general post-office, on account the post-office. of the duties to be performed by virtue of his appointment. No fees &c., in Rates of post age. SEC. 13. And be it further enacted, That the following rates of postage be charged upon all letters and packets, (excepting such as are excepted by law) conveyed in the mail of the United States, viz: For every letter 3, 1845, ch. 43. composed of a single sheet of paper, conveyed not exceeding thirty miles, six cents. Over thirty, and not exceeding eighty, ten cents. Over eighty, and not exceeding one hundred and fifty, twelve and a half cents, Over one hundred and fifty, and not exceeding four hundred, eighteen and three quarters of a cent. Over four hundred, twenty-five cents. And for every double letter, or letter composed of two pieces of paper double those rates; and for every triple letter, or letter composed of three pieces of paper, triple those rates; and for every packet composed of four or more pieces of paper, or one or more other articles, and weighing one ounce avoirdupois, quadruple those rates; and in that proportion for all greater weights: Provided, That no packet of letters, conveyed by the water mails, shall be charged with more than quadruple postage, unless the same shall contain more than four distinct letters. No postmaster shall receive, to be conveyed by the mail, any packet which shall weigh more than three pounds; and the postage marked on any letter or packet, and charged in the post bill which may accompany the same, shall be conclusive evidence in favour of the postmaster who delivers the same, of the lawful postage thereon; unless such letter or packet shall be opened in the presence of the postmaster or his clerk. Every four folio pages, or eight quarto pages, or sixteen octavo, or twenty-four duodeci mo pages, or pages less than that of a pamphlet size, or magazine, whatever be the size of the paper of which it is formed, shall be considered a sheet, and the surplus pages of any pamphlet or magazine, shall also be considered a sheet; and the journals of the legislatures of the several states, not being bound, shall be liable to the same postage as pamphlets. Any memorandum, which shall be written on a newspaper, or other printed paper, pamphlet or magazine, and transmitted by mail, shall be charged with letter postage: Provided, The publisher of a newspaper may send a printed or written notice to a subscriber, stating the amount due on his subscription; which notice shall be attached to the margin of the newspaper, and the postmaster who delivers the paper shall charge for such notice the same pastage [postage] as for a newspaper. Proviso. Proviso. Each postmaster to receive such com SEC. 14. And be it further enacted, That the Postmaster General be, and he is hereby, authorized to allow to each postmaster, such commission on the postages by him collected, as shall be adequate to his services mission on the VOL. IV.-14 postage of letters as may be adequate to his services. Proviso. Exceptions. newspapers, &c. and expenses: Provided, That his commission shall not exceed the follow ing several rates on the amount received in one quarter, viz: On a sum not exceeding one hundred dollars, thirty per cent. On any sum over and above the first hundred dollars, and not exceeding four hundred dollars, twenty-five per cent. On any sum over and above the first four hundred, and not exceeding two thousand four hundred dollars, twenty per cent. On any sum over and above the first two thousand four hundred dollars, eight per cent. Except to the postmasters who may be employed in receiving and despatching foreign mails, whose compensation may be augmented, not exceeding twenty-five dollars in one quarter; and excepting to the postmasters at offices where the mail is regularly to arrive between the hours of nine o'clock at night, and five o'clock in the morning, whose commission on the first hundred dollars collected in one quarter may be increased to a sum not exceeding fifty per cent. The Postmaster General Allowances to may allow to the postmasters, respectively, a commission of fifty per cent. postmasters on on the moneys arising from the postage of newspapers, magazines, and pamphlets; and to the postmasters whose compensation shall not exceed five hundred dollars in one quarter, two cents for every free letter delivered out of the office, excepting such as are for the postmaster himself; and each postmaster, who shall be required to keep a register of the arrival and departure of the mails, shall be allowed ten cents for each monthly return which he makes thereof to the general post-office. The Postmaster General may allow to the postmaster at New Orleans, at the rate Postmaster at of eight hundred dollars a year, in addition to his ordinary commissions. New Orleans. The Postmaster General is hereby authorized to allow to the postmaster of the city of Washington, in addition to the allowance made by this act, for postage collected, and for free letters received by him for delivery, a commission of five per cent. on the amount of mails distributed at his office: Provided, nevertheless, That the whole annual emolument of the said postmaster, including the extra compensation of eight hundred dollars which is hereby allowed him, shall be subject to the restrictions imposed by the forty-first section of this act. Postmaster at Washington. Proviso. Every letter or packet carried from one port to another, in any private vessel, charged with six cents, &c. Any person receiving, through fraud, more than the postage of a let ter, &c. to be fined for every offence $100. No ship or vessel arriving at any port of the United States, where a post-office is established, SEC. 15. And be it further enacted, That every letter or packet, brought into the United States, or carried from one port therein to another, in any private ship or vessel, shall be charged with six cents, it delivered at the post-office where the same shall arrive; and if destined to be conveyed by post to any place, with two cents added to the ordinary rates of postage. SEC. 16. And be it further enacted, That, if any postmaster, or other person, authorized by the Postmaster General to receive the postage of letters, shall fraudulently demand, or receive, any rate of postage, or gratuity, or reward, other than is provided by this act, for the postage of letters or packets, on conviction thereof, he shall forfeit, for every such offence, one hundred dollars. SEC. 17. And be it further enacted, That no ship or vessel, arriving at any port within the United States where a post-office is established, shall be permitted to report, make entry, or break bulk, until the master or commander shall have delivered to the postmaster all letters directed to any person or persons within the United States, or the territories thereof, which, under his care, or within his power, shall be brought in such ship or vessel, except such as are directed to the owner or consignee of the ship or vessel. And it shall be the duty of the collector or other officer of the port emDuties of the powered to receive entries of ships or vessels, to require from every master or commander of such ship or vessel, an oath or affirmation, purporting that he has delivered all such letters, except as aforesaid, and if any commander or master of any such ship or vessel shall break bulk before shall be permitted to report, &c. collector. |