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Chagres and Panama with regularity and dispatch: Provided, The rate of compensation 8 March 1931. shall not exceed twenty-two cents per pound, and shall cease on the establishment of any new route between the two oceans offering greater dispatch and economy.

10 Stat. 111.

at Panama.

77. That the postmaster-general be and he is hereby authorized, whenever he shall 31 Aug. 1852 2. deem it discreet, to dispense with the route agents now sent with the mails from New York to California, and in lieu thereof to appoint not more than two resident agents to Resident agents take charge of the mail service across the isthmus of Panama; and to allow said agents for salary and personal expenses not exceeding three thousand dollars per year for each Salaries. of such agents, which shall be paid out of the amount annually appropriated for the transportation of the mails.

10 Stat. 225.

78. The postmaster-general is hereby authorized to make such arrangements as he 3 March 1853 3 5. may deem advisable, by causing letters sent to California and Oregon to be advertised free of expense to the United States, and by the issuing of circulars to postmasters, and Letters to be adcausing the same to be published, to insure, as far as possible, the delivery of letters sent by mail from the Atlantic states to California, to the individuals to whom they are directed.

vertised, &c.

10 Stat. 297.

79. The compensation of the special mail agent of the post office department in Cali- 31 May 1854 3 4. fornia shall be five thousand dollars per annum; such rate to take effect, in virtue of this provision, from July 1st 1853.

10 Stat. 312.

80. That the postmaster-general be and he is hereby authorized to empower the 27 July 1854 ? 1. special agents of the post office department in the state of California, and in the territories of Oregon and Washington, to appoint letter carriers for the delivery of letters Letter carriers to be appointed. from any post office in the said state or territories, and to allow any letter carrier so appointed to demand and receive a sum for all letters, newspapers or other mailable matter, not more than may be recommended by the postmaster for whose office such letter carrier may be appointed: Provided, That not more than twenty-five cents shall Compensation. be charged for any letter, newspaper or ounce of other mailable matter. All such appointments may be determined, and rates of compensation modified within the limits aforesaid, whenever the same is found expedient in the opinion of the appointing agent: And it is further provided, That all such appointments and contracts shall be subject to the approval of the postmaster-general; and upon notice to any carrier of his rejection by the postmaster-general, his appointment and contract shall be determined. all the letter carriers appointed in pursuance of this act shall be subject to the provisions act of 1836. of the 41st section of the 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, (a) except as herein otherwise provided: Provided, That No letters, &c., to no letter or letters or other mailable [matter] shall be delivered by any postmaster to them unless on said carriers, unless requested in writing by the person or persons to whom said letters request in writ ing. or other mailable matter may be directed. (b)

And To be subject to

be delivered to

Ibid. 22.

81. Each and every letter carrier route which may be established under the provisions of this act, shall be deemed a post route during its continuance; and the provisions con- Their routes to be tained in the 9th, 10th, 11th, 12th and 15th sections of an act entitled "An act to post routes. reduce the rates of postage, to limit the use and correct the abuse of the franking privilege, and for the prevention of frauds on the revenues of the post office department," approved March 3d 1845, (c) and the 5th and 8th sections of an act entitled "An act to establish certain post roads, and for other purposes," approved August 31st 1852, (d) are hereby made applicable to said letter carrier routes.

Ibid. 2 3.

returned.

82. That the postmaster-general be and he is hereby authorized to cause the dead letters which may accumulate in the post offices in said state and territories after the Dead letters to be 30th day of June, in the year 1854, to be returned in periods not less than quarteryearly to the post office at San Francisco, to be there opened and examined under the direction of the postmaster at that office; who shall, according to such regulations as the postmaster-general may prescribe, return to the post office department such of said How disposed of letters as shall be found to contain money, valuable papers or matters of consequence, to be disposed of according to law, and destroy such letters as shall be found to contain nothing of value: Provided however, That no dead letter shall be opened which the postal arrangements of the United States with foreign countries require to be returned unopened to such countries respectively.

Ibid. 4.

83. The postmaster-general may allow to the postmasters in said state and territories from the 1st day of July 1853, such sums out of the postages collected at their respective office expenses to offices as will, in addition to the commissions, allowances and emoluments, be sufficient to defray the actual and necessary expenses of their offices.

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be allowed to postmasters

(c) See supra, 58, 59, 60, 61, 63.
(d) See infra, 147-8, 193.

27 July 1854 25. And in prior

cases.

8 March 18574. 11 Stat. 189.

Mail from California to Wash

84. That the postmaster-general be and he is hereby authorized and directed, in the settlement of the accounts of postmasters in the state of California and territory of Oregon, serving as such previous to the 30th of June, Anno Domini 1853, to allow te such postmasters all just and reasonable expenses incurred by them in and about the business of their respective offices and the discharge of their official duties: Provided, That no allowance shall be made whereby the United States shall be charged with any indebtedness whatsoever.

85. That the postmaster-general be and he is hereby authorized to establish and put in operation a semi-monthly mail, by sea, from San Francisco, in the state of California, to Olympia, in the territory of Washington, touching at Humboldt Bay, Trinidad and ington territory. Crescent City, in the state of California; Port Orford, Gardiner City, or Umpqua and Astoria, in the territory of Oregon; Shoal-water Bay, Fort Townsend, in the territory of Washington; and at such other points as shall be designated by the postmastergeneral: Provided, That the contract for the said service be advertised by the postmastergeneral in pursuance of existing laws, and let to the lowest bidder: And provided further, That the whole cost of said service shall not exceed the sum of 125,000 dollars per annum, which sum is hereby appropriated for that purpose, to be paid out of any money in the treasury not otherwise appropriated: Provided further, That the postmastergeneral may, if he shall deem it for the public interest, contract for said service with the lowest bidder, as aforesaid, under the advertised proposals heretofore made for mail service between the points aforesaid.

Contracts.

Ibid. 10.

California.

86. That the postmaster-general be and he is hereby authorized to contract for the Overland mail to conveyance of the entire letter mail from such point on the Mississippi river, as the contractors may select, to San Francisco, in the state of California, for six years, at a cost not exceeding 300,000 dollars per annum for semi-monthly, 450,000 dollars for weekly, or 600,000 dollars for semi-weekly service; to be performed semi-monthly, weekly or semi-weekly, at the option of the postmaster-general.

Ibid. 11.

87. The contract shall require the service to be performed with good four-horse coaches How performed. Or spring wagons, suitable for the conveyance of passengers, as well as the safety and security of the mails.

Ibid. 12.

Contractors to

have pre-emption right to lands for stations.

Ibid. 13.

Time.

Security to be given.

88. The contractors shall have the right of pre-emption to three hundred and twenty acres of any land not then disposed of or reserved, at each point necessary for a station, not to be nearer than ten miles from each other: And provided, That no mineral land shall be thus pre-empted.

89. The said service shall be performed within twenty-five days for each trip; and before entering into such contract, the postmaster-general shall be satisfied of the ability and disposition of the parties bona fide and in good faith to perform the said contract, and shall require good and sufficient security for the performance of the same; the service to commence within twelve months after the signing of the contract.

Ibid. § 14. 90. That the postmaster-general of the United States be and he hereby is authorized Contracts to be and directed to accept the lowest bid offered and now on record, (provided the same shall entered into for not exceed twenty-three thousand dollars a year, for weekly services) to convey the mail to Washing. United States mails in good and sufficient steamer or steamers under the advertisement ton territory.

conveyance of

8 March 1825 234. 4 Stat. 112.

Dispatch of foreign mails.

Postage.

Postal arrange

ments with foreign countries.

15 June 1844.

5 Stat. 718.

of the postmaster-general of January 19, 1855, for "proposals for conveying the United States mails on Puget's Sound, Washington territory ;" and to contract with the bidders thereof to put into immediate operation the said service on Puget's Sound, Washington territory, commencing at Olympia, and supplying Steilacoom, Seattle, Port Madison, Port Gamble, Port Ludlow, Port Townsend, Penn's Cove, Bellingham Bay, (Whatcorn) New Dungeness, and such other places on said route as the postmaster-general may direct; said service to be paid for out of any money in the treasury not otherwise appropriated: Provided, That the said service shall be performed in first class steamboats, under the 8th section of the act approved March 3d 1845.

VI. FOREIGN MAILS.

91. It shall be lawful for the postmaster-general to make provision, where it may be necessary, for the receipt of all letters and packets intended to be conveyed by any ship or vessel beyond the sea, or from any port in the United States to another port therein; and the letters so received shall be formed into a mail, sealed up, and directed to the postmaster of the port to which such ship or vessel shall be bound; and for every letter or packet so received, there shall be paid, at the time of its reception, a postage of one cent, which shall be for the use of the postmasters respectively receiving the same. And the postmaster-general may make arrangements with the postmasters in any foreign country, for the reciprocal receipt and delivery of letters and packets through the post office.

92. That the postmaster-general be and he is hereby authorized to make such arrangements as may be deemed expedient with the post office department of the British govern

ment for the transmission of the British mail in its unbroken state or condition between 15 June 1844. Boston and Canada.

93. That the postmaster-general be and he is hereby authorized to enter into such Mails to Europe by way of Bremen arrangement or arrangements with the proper authorities in France and Germany, and and Havre. the owners or agents of vessels plying regularly between those countries and the United States, whereby a safe and as near as possible a regular direct mail communication, under official guarantee, between the United States and the continent of Europe, viz.: the ports of Bremen, in Germany, and Havre, in France, and such other principal ports

on said continent as the postmaster-general may deem most proper, shall be secured-so Payment of peetthat the entire inland and foreign postage on letters and all other mail matter, sent over age. sea from and to the United States, to and from any part of France and of the states comprehended within the German Customs Union, and of those countries on the continent, between which and France and of the said German states there exists a continued arrangement of the like kind, may be paid at the place where they are respectively mailed or received.

5 Stat. 749.

94. That the postmaster-general of the United States be and he is hereby authorized, (a) 3 March 1845 & 1. under the restrictions and provisions of the existing laws, to contract for the transportation of the United States' mail, between any of the ports of the United States and a port Contracts for ar rying foreign or ports of any foreign power, whenever, in his opinion, the public interest will thereby mails. be promoted; and it shall be his duty to report to the next ensuing congress a copy of each of said contracts, with a statement of the amount of postage derived under the same, as far as the returns of the department will enable him to do. And such contracts may be made, if it shall appear to the postmaster-general to be required by the public interest, for any greater period than four years, and not exceeding ten years.

Ibid. & 2.

95. All such contracts shall be made with citizens of the United States, and the mail to be transported in American vessels, by American citizens. Each contract entered Terms of such into under the provisions of this act, besides the usual stipulations for the right of the contracts. postmaster-general to discontinue the same, shall contain the further stipulation that it may, at any time, be terminated by a joint resolution of the two houses of congress.

96. It shall not be lawful for any person to carry or transport any letter, packet, Ibid. 4. newspaper or printed circular or price current, (except newspapers in use, and not penalty for conintended for circulation in the country to which such vessel may be bound) on board veying letters, &c., in such vesthe vessels that may hereafter transport the United States mail, as provided for in this sels, out of the act. And for every violation of this provision, a penalty of five hundred dollars is hereby mails. imposed, to be recovered by presentment, by information or qui tam action-one-half for the use of the informer, and the other half for the use of the post office department.

Ibid. 26.

Carriers may be

97. That the postmaster-general, or the secretary of state, be and he is hereby authorized to empower the consuls of the United States to pay the foreign postage of such letters, destined for the United States, as may be detained at the ports of foreign countries authorized to pay foreign postage for the non-payment of postage; which postage shall be by the consul marked as paid by him, and the amount thereof shall be collected in the United States as other postage, on To be marked, the delivery of the letters, and repaid to said consul, or credited on his account at the state department.

and credited.

Ibid. 27.

ships.

vide for their

98. The postmaster-general shall, in all cases of offers to contract for carrying the mail between any of the ports of the United States and any foreign port or place, give Preference to be the preference to such bidder for the contract as shall propose to carry the mail in a given to steamsteamship or ships, and the said contractor stipulating to deliver said ship or ships to the United States, or to their proper officer, upon demand made, for the purpose of being Contracts to proconverted into a vessel or vessels of war; the United States being bound, on their part, purchase by the to pay to said owner or owners the fair full value of every such ship or vessel at the United States. time of such delivery; said value to be ascertained by four appraisers to be appointed,) two by the president of the United States, and two by the owner or owners; and in case) of disagreement among said appraisers, the president of the United States to select and appoint an umpire, who shall fix the value.

Ibid. 28.

99. The postmaster-general may, if he shall deem it to be for the public interest, make contracts, to continue not exceeding ten years, for the transportation of the mail from Mails in the Gulf place to place in the United States in steamboats by sea, and on the Gulf of Mexico and and on the Mison the Mississippi river from the mouth thereof up to the city of New Orleans, on the conditions specified in the last preceding section of this act.

sissippi.

9 Stat. 241.

100. That the postmaster-general, under the direction of the president of the United 27 June 1848 1. States, be and he is hereby authorized and empowered to charge upon and collect from, all letters and other mailable matter carried to or from any port of the United States, in Reciprocal postany foreign packet ship or other vessel, the same rate or rates of charge for American charged on letpostage which the government to which such foreign packet or other vessel belongs foreign vessels.

(a) This act is still in force. 5 Opin. 543.

age rates to be ters carried in

house officers.

May open and examine packages on suspicion of

fraud.

Ibid. 2.

27 June 1848. imposes upon letters and other mailable matter conveyed to or from such foreign country in American packets or other vessels, as the postage of such government, and at any Duties of custom time to revoke the same. And it shall be the duty of all custom house officers and other United States agents, designated or appointed for that purpose, to enforce or carry into effect the foregoing provision, and to aid or assist in the collection of such postage. And to that end it shall be lawful for such officers and agents, on suspicion of fraud, to open and examine, in the presence of two or more respectable persons, being citizens of the United States, any package or packages supposed to contain mailable matter, found on board such packets or other vessels, or elsewhere; and to prevent, if necessary, such packets or other vessels from entering, breaking bulk or making clearance, until all such letters or other mailable matter are duly delivered into the United States post office. 101. All letters or other mailable matter conveyed to or from any port of the United All mailable mat- States, by any foreign packet or ship, except such unsealed letters relating to said ship or vessel, or any part of the cargo thereof, as may be directed to the owner or owners, consignee or consignees of said ship or other vessel, shall be so subject to postage charge as aforesaid, whether addressed to any person in the United States or elsewhere: Provided, It is done by the packet or other ship of a foreign country imposing postage on letters or mailable matter conveyed to or from such country, by any packet or other ship of the United States. And such letters or other mailable matter carried in foreign packet liver letters, &C., on arrival. ships or other vessels, except such unsealed letters relating to the ship or vessel, or any part of the cargo thereof, as may be directed to the owner or owners, consignee or consignee as aforesaid, are hereby required to be delivered into the United States post office by the master or commanders of all such packets or other vessels when arriving, and to be taken from a United States post office when departing, and the postage paid thereon Penalty for viola- justly chargeable by this act. And for refusing or failing to do so, or for conveying said

ter conveyed in

foreign ships, to be subject to

such postage, except, &c.

Masters to de

tion.

Ibid. 3.

letters, or any letters intended to be conveyed in any ship or vessel of such foreign country, over or across the United States, or any portion thereof, the party offending shall, on conviction, forfeit and pay not exceeding five thousand dollars for each offence. 102. In case the person or persons, or the directors of any incorporated company, Penalty on conwho have entered into any contract, or who may hereafter enter into any contract with tractors for rethe postmaster-general, for conveying the mail of the United States to any foreign fusing to convey steamships to the country, in pursuance of the act entitled "An act to provide for the transportation of United States ac- the mail between the United States and foreign countries, and for other purposes," apcording to their contracts. proved the 3d day of March 1845, (a) or of any other act in which said contract there is a stipulation on the part of such contractor, giving to the United States the right to purchase at an appraised value, the steamship or ships required by such contract to be employed in conveying the mail, shall decline to sell and deliver to the United States such ship or ships, or shall refuse to name and appoint appraisers to value the same, agreeably to the provisions of said act, or the same having been appraised and valued, shall refuse to convey and deliver said ship or ships to the United States, on the payment, or tender of payment by the United States, of the sum at which the said ship or ships may have been appraised and valued, such person or persons so offending shall forfeit a sum not exceeding one hundred thousand dollars, to be recovered in any proper action, for the use of the treasury of the United States; and in case of refusal or inability to pay the same, shall be liable to be imprisoned not exceeding one year, at the discretion of the court rendering judgment for such penalty.

&c.

Ibid. 3 4.

103. To secure the regular transmission of the mail to and from foreign countries, the Fines for delay, postmaster-general be and he is hereby authorized and required to impose fines on contractors, for any unreasonable or unnecessary delay in the departure of such mails, or in the performance of the trip: Provided, That the fine for any one default shall not exceed one-half of the contract price paid for the trip.

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104. It shall not be lawful for any contractor for transporting the mail to any foreign country to assign or transfer his contracts; and all such assignments or transfers shall be null and void: Provided, That assignments and transfers which have been made and accepted by the postmaster-general or the secretary of the navy before the passage of this act, shall not be affected by this section.(b)

105. The better to enable the postal treaty with Great Britain (c) to go into full effect with equal advantage to both countries, letters shall be mailed as composing one rate only where the letter does not exceed the weight of a half ounce avoirdupois; where it exceeds a half ounce, but does not exceed an ounce, as composing two rates; where it exceeds an ounce, but does not exceed two ounces, as composing four rates; where it

(a) See supra, 98. (a)

(b) The act 3 August 1848 10 provides "that it shall be the duty of the postmaster-general, under the direction of the president, to cause the net receipts of postages collected on the several lines of steamers from New York to Liverpool, from New York to Chagres, and from Panama to some point in the territory of Oregon,

stipulated for in contracts made with the secretary of the navy, te be deposited in the treasury to the credit of the appropriation for the annual compensation for the service to be rendered under said contracts, or otherwise apply the said postages in payment of the said annual compensation." 9 Stat. 272.

(c) 15 December 1848. 9 Stat. 965.

POST OFFICE.

exceeds two ounces, but [does] not exceed three ounces, as composing six rates; where 3 March 1849.
it exceeds three ounces, but does not exceed four ounces, as composing eight rates; and

in like progression for each additional ounce, or fraction of an ounce, and that each rate
shall be subject to the full postage charge; that letters refused or which cannot be deli- Dead letters, &c.
vered, may be immediately returned to the dead letter office, and that newspapers not
sent from the office of publication shall be charged with the same postage as other papers,
to be prepaid.

9 Stat. 461.

ances to London

106. That the postmaster-general be and he is hereby authorized to pay out of any 16 Sept. 1850 3 2. money in the treasury at the credit of the post office department, all such balances as have, or may creafter, become due to the genera. post office of London, upon the Payment of baladjustment of the quarterly accounts arising out of the postal convention, concluded post office. December 15th 1848, between the United States and the United Kingdom of Great Britain and Ireland.

9 Stat. 589.

may be reduced

107. The postmaster-general, by and with the advice and consent of the president of 3 March 1851 8 2 the United States, shall be and he hereby is authorized to reduce or enlarge, from time to time, the rates of postage upon all letters and other mailable matter conveyed between the Foreign postages United States and any foreign country, for the purpose of making better postal arrange- or enlarged. ments with other governments, or counteracting any adverse measures affecting our postal intercourse with foreign countries.

9 Stat. 625.

108. In time of peace, or while war is not threatened, the steamers employed in carry-3 March 1851 2 2. ing the United States mail between New York and Liverpool shall be placed under the exclusive control of, and officered by the contractors, E. K. Collins and his associates: Officers of mail Provided, The same shall be done with the consent of the contractors.

steamers.

10 Stat. 111.

ditional trip to

Havre.

109. The postmaster-general is authorized to contract with the Ocean Steam Naviga- 31 Aug. 1852 ₫ 5. tion Company for one additional trip on the Havre line, and one additional trip on the Bremen line, until the expiration of their existing contract; receiving and delivering Contract for admails at Southampton, Cowes or Plymouth, as the postmaster-general may direct, accord- Bremen and ing to such schedule as shall be prescribed by the postmaster-general, in order thereby to maintain through such lines, and the Collins line, a regular weekly communication by American mail steamers between the United States and the kingdom of Great Britain and Ireland; but the compensation for such additional trip shall not exceed the compensation allowed for each trip under the said existing contract: And provided further, That Compensation. the postmaster-general shall be and he is hereby authorized, in his discretion, to negotiate with the contractors, for changing the terminus of the Havre line, from Havre to Change of termiAntwerp, in Belgium, and to make an agreement for such change, if he shall think nus to Antwerp. proper; but the increased compensation to be allowed for such change shall be limited to

a pro rata allowance for the increased distance.

10 Stat. 141.

adjoining coun

through the

110. The postmaster-general may, from time to time, by and with the advice and con- 31 Aug. 1852 ? 6. sent of the president, make any arrangements which may be deemed just and expedient for allowing the mails of Canada, or of any other province, state or country adjoining Foreign mails of the United States, to be carried or transported at the expense of the province, state or tries may be country to which such mails belong, over any part or portion of the territory of the transported United States, from one point in the province, state or country to which such mails United States. belong, to any other point in the same, upon obtaining the same privileges for the transportation of the mails of the United States through the province, state or country to which such privilege shall be granted: Provided, That such privileges may at any time When such privi be annulled by the president of the United States, or by joint resolution of the two houses lege may be anof Congress, from and after the expiration of one month next succeeding the day on which the notice of the act of the president or of the joint resolution of the two houses shall be given to the chief executive officer, or head of the post office department, of the province, state or country whose privilege is to be thereby annulled.

nulled.

Ibid. 27.

tion as domestic

111. Every mail of any province, state or country, having the privilege authorized to be granted in and by the next preceding section, shall, while in the territories of the To be entitled to United States, be deemed and taken to be a mail of the United States, so far as to make the same proteo any violation thereof, or any depredation thereon, or any act or offence in respect thereto mails. or any part thereof, which would be punishable under the existing laws of the United States, in case the same had been a mail or part of a mail of the United States, an offence of the same grade, and punishable in the same manner, and to the same extent, as though the said mails were those of the United States. And in any indictment for such act or offence, the said mails or any part thereof may be alleged to be, and on the trial of any such indictment, they shall be deemed and held to be mails or parts of mails of the United States.

10 Stat. 588.

112. That hereafter the postmaster-general be authorized and directed to continue the 5 Aug. 1854 3 3. mail service between Charleston, Key West and Havana, during August and September, by a competent steamer, as it is now being performed during ten months of the year;

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