convenience of the inhabitants. And it shall be the duty of the postmaster-generaÎ to 3 March 1847. prescribe the rules and regulations for the branch post offices which may be established by virtue of this act. And no additional postage shall be charged for the receipt or delivery of any letter or packet at such branch post office.

Ibid. 2 13.

plied to office ex

145. It shall not be lawful to make any allowance or compensation to deputy postmasters, in addition to their commissions as authorized by law, excepting the receipts Box receipts over from boxes; of which all beyond two thousand dollars shall be applied in defraying the $2000 to be apexpenses of their offices, and to be accounted for in the same manner as they are required penses. to account for their commissions, and excepting the special allowance made by law to the postmasters at Washington City and New Orleans.

9 Stat. 590.

be discontinued

146. No post office now in existence shall be discontinued, nor shall the mail service 3 March 1851 § 7. on any mail route in any of the states or territories be discontinued or diminished, in consequence of any diminution of the revenues that may result from this act. And it No post office to shall be the duty of the postmaster-general to establish new post offices, and place the by reason of dimi mail service on any new mail routes established, or that may hereafter be established, nution of revenue in the same manner as though this act had not passed.

from reduction o postage.

10 Stat. 140.

147. No collector or other officer of the customs, shall permit any ship or vessel, 31 Aug. 1852 ? 5. arriving within any port or collection district of the United States, to make entry or No vessel to be break bulk until all letters on board the same shall be delivered into the post office at permitted to or nearest said port or place; nor until the captain or commander of such ship or vessel make entry unt delivery of letshall have signed and sworn to, a declaration before such collector or officer of the custers, &c. toms, in the form and to the effect following, that is to say:

"I, A. B., commander of the (state the name of the ship or vessel) arriving from (state Oath of master. the place) and now lying in the port of, (state the name of the port) do, as required by law, solemnly swear (or affirm, as the case may be) that I have, to the best of my knowledge or belief, delivered or caused to be delivered into the post office, at or nearest said port, every letter and every bag, parcel or package of letters that were on board the (state the name of the ship or vessel) during her last voyage; and that I have so delivered or caused to be delivered all such letters, bags, parcels and packages as were in my possession or under my power or control.”

officers may

148. And the collector and every officer of the customs at every port, without special Custom house instructions, and every special agent of the post office department, when instructed by search for letters the postmaster-general to make examinations and seizures, shall carefully search every &c. vessel for letters which may be on board, or have been carried or transported contrary to law; and each and every of such officers and agents, and every marshal of the United States and his deputies, shall at all times have power to seize all letters and packages, and parcels, containing letters which shall have been sent or conveyed contrary to law on board any ship or vessel, or on or over any post route of the United States, and to convey such letters to the nearest post office; or may, if the postmaster-general and the secretary of the treasury shall so direct, detain the said letters, or any part thereof, until two months after the trial and final determination of all suits and proceedings which may at any time, within six months after such seizure, be brought against any person for sending or carrying, or transporting any such letters contrary to any provisions of any act of congress; and one-half of any penalties that may be recovered for the illegal Distribution of sending, carrying or transportation of any such letters shall be paid to the officer so seizing, and the other half to the use of the post office department. And every package Packages to be or parcel so seized, in which any letter shall be concealed, shall be forfeited to the United States; and the same proceedings may be had to enforce such forfeiture as are authorized in respect to goods, wares and merchandise forfeited by reason of any violation of the revenue laws of the United States; and all laws for the benefit and protection of officers of the customs seizing goods, wares or merchandise, for a violation of any revenue law of the United States, shall apply to the officers and agents making seizures by virtue of this act.

penalties.

forfeited.

149. That in place of the compensation now allowed deputy postmasters, the post- 22 June 1854 ? ↓ master-general be and he is hereby authorized to allow them commissions, at the following rates, on the postage collected at their respective offices in each quarter of the year, and in due proportion for any period less than a quarter, viz.:

On any sum not exceeding one hundred dollars, sixty per cent.; but any postmaster at whose office the mail is to arrive regularly, between the hours of nine o'clock at night and five o'clock in the morning, may be allowed seventy per cent. on the first hundred dollars;

On any sum over and above one hundred dollars, and not exceeding four hundred dollars, fifty per cent.;

On any sum over and above four hundred dollars, but not exceeding twenty-four hundred dollars, forty per cent.;

10 Stat. 298. Compensation of postmasters.

22 June 1854.

Allowances to be

offices, for expenses.

And on all sums over twenty-four hundred dollars, fifteen per cent. ; On the amount of postage on letters and packages received at a distributing office for distribution, twelve and one-half per cent. commission may be allowed;

Every postmaster whose compensation shall not exceed five hundred dollars in one quarter, shall be allowed one cent on every free letter delivered out of his office, except such as are for the postmaster himself; but the special allowance now made by law, to the postmasters at New Orleans and Washington City, shall not otherwise be either increased or diminished;

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 to the postmaster-general;

Each postmaster may be allowed two mills for the delivery from his office to a submale at certain scriber of each newspaper not chargeable with postage: Provided, That to any postmaster of a distributing office at which the commissions, allowances and emoluments, since the 31st day of March 1853, have been insufficient to defray actual and necessary expenses, and afford the postmaster the annual compensation derived from commissions at the office before said 31st of March, the postmaster-general may, in his discretion, allow quarterly from the date aforesaid, out of the postages collected at any such office, an amount sufficient to supply such deficiency: Provided further, That to any postmaster of a separating office whose commissions, allowances and emoluments may be found insufficient to provide the extra labor, necessary to a prompt and efficient performance of the duties of separating and dispatching the mails passing through his office, the postmaster-general may make such quarterly allowance out of the postages collected at such office, as he may deem sufficient to compensate such extra labor: Provided further, That the commissions and allowances authorized by this act shall be subject to the provisions of the 41st section of the act entitled "An act to reduce into one the several acts establishing and regulating the post office department:" And provided further, That the postmaster-general may, in his discretion, dispose of any quarterly returns of mails sent or received, which were made up previous to the 1st day of July 1850, preserving the accounts current, and all vouchers accompanying such accounts, and use such portion of the proceeds thereof as may be necessary to defray the cost of separating and disposing of the same. This act shall take effect and be in force from and after the commencement of the next fiscal quarter after its passage.

o Aug. 1854 24. 10 Stat. 588. Allowance to postmaster at documents.

150. That there be allowed and paid to the postmaster of Washington City, District of Columbia, out of any money in the treasury not otherwise appropriated, a commission of one mill per pound upon the aggregate weight of public documents printed by order Washington for of congress and deposited in the office of said postmaster to be mailed; this allowance to commence with the passage of this act and to continue for one year only, (a) and to be computed from the ascertained weight for the month of January 1854. And that the said postmaster be required to pay out of the said commissions to the clerks and other employees of his office, a sum not exceeding two hundred and fifty dollars each per annum, as compensation for the extra labor performed by them in the assortment and mailing of said documents; and that he be required to account for and settle with the post office department, for the disbursement of these commissions, and any surplus that may remain, in the same manner as is now required in the settlement of his other

3 March 1825 27. 4 Stat. 110.

What officers to enjoy the franking privilege.

accounts.

IX. FRANKING PRIVILEGE.

151. Letters and packets to and from the following officers of the United States, shall be received and conveyed by post free of postage. Each postmaster, provided each of his letters or packets shall not exceed half an ounce in weight; each member of the senate, and each member and delegate of the house of representatives of the congress of the United States, the secretary of the senate and clerk of the house of representatives, provided each letter or packet (except documents (b) printed by the order of either house of congress) shall not exceed two ounces in weight, and during their actual attendance in any session of congress, and sixty days before and after such session; (c) and in case of excess of weight, that excess alone shall be paid for; the president of the United States, vice president, the secretaries of state, of the treasury, (d) of war, (e) of the navy, attorney-general, postmaster-general and the assistant postmasters-general, the comptrollers of the treasury, auditors, register, treasurer and commissioner of the general printed by order of either house. 3 Stat. 649. And see infra, 160, 164.

(a) Continued from year to year, by acts 3 March 1855 22 (10 Stat. 684); 18 August 185624, (11 Stat. 94); and 3 March 185726, (Ibid. 189).

(b) By act 19 December 1821, the members of congress, the delegates from territories, the secretary of the senate, and the clerk of the house of representatives, are authorized to transmit, free of postage. to any post office within the United States, or the territories thereof, any documents which have been, or may be,

(c) See 5 Opin. 358. And infra, 166. (d) The solicitor of the treasury, by act 29 May 1830. See tit. "Treasury Department," 40.

(e) The commanding general, the colonel of ordnance, the surgeon-general, and the head of the topographical corps, by act 5 July 1838 21. 5 Stat. 259.

land office, (a) and such individual who shall have been, or may hereafter be president 3 March 1825. of the United States; and each may receive newspapers by post, free of postage: Pro- Newspapers. vided, That postmasters shall not receive free of postage, more than one daily newspaper each, or what is equivalent thereto; nor shall members of the senate, or of the house of representatives, the clerk of the house or secretary of the senate receive newspapers free of postage, after their privilege of franking shall cease.

Ibid. 28.

others.

Exceptions.

152. If any person shall frank any letter or letters, other than those written by himself or by his order, on the business of his office, he shall, on conviction thereof, pay a penalty for fine of ten dollars, and it shall be the especial duty of postmasters to prosecute for said franking for offence: Provided, That the secretary of the treasury, secretary of state, secretary of war, secretary of the navy and postmaster-general, may frank letters or packets on official business, prepared in any other public office in the absence of the principal thereof. And if any person having the right to receive his letters free of postage, shall receive Letters enclosed enclosed to him any letter or packet addressed to a person not having that right, it shall returned to the be his duty to return the same to the post office, marking thereon the place from whence post office. it came, that it may be charged with postage. And if any person shall counterfeit the Penalty for coun hand writing or frank of any person, or cause the same to be done in order to avoid the terfeiting frank. payment of postage, each person so offending, shall pay for every such offence, five hundred dollars.

for others to be

Ibid. 40.

frank official let

153. The adjutant-general of the militia of each state and territory shall have right to receive by mail, free of postage, from any major-general or brigadier-general thereof, Adjutants-geneand to transmit to said generals any letter or packet, relating solely to the militia of ral of militia may such state or territory: Provided always, That every such officer before he delivers any ters. such letter or package for transmission, shall in his own proper hand writing, on the outside thereof, indorse the nature of the papers enclosed, and thereto subscribe his name and office, and shall previously furnish the postmaster of the office where he shall deposit the same, with a specimen of his signature. And, if any such officer shall frank any letter or package in which shall be contained anything relative to any subject, other than of the militia of such state or territory, every offender shall, on conviction of every such offence, forfeit and pay a fine of fifty dollars.

4 Stat. 238. Franking privilege extended.

154. That the commissioners of the navy board, the adjutant-general, the commissary- 2 March 1827 8 4. general, inspectors-general, quartermaster-general, paymaster-general, the secretary of the senate, clerk of the house of representatives and the superintendent of the patent office, be authorized to frank and to receive letters and packets by post free of postage; and that no other persons or officers, excepting those enumerated herein, and in the act No other persons to "reduce into one the several acts establishing and regulating the post office department," passed on the 3d of March 1825, shall be authorized to frank or to receive letters through the mail free of postage.(b)

to frank letters.

4 Stat. 740.

states may frank

155. It shall be lawful for the governors of the several states, to transmit by mail free 30 June 1834 § 1. of postage, all laws and reports, whether bound or unbound, and all records and documents of their respective states, which may be directed by the legislatures of the several Governors of states to be transmitted to the executives of other states; and the governor of the state laws. transmitting the same, shall, in addition to his frank, indorse the kind of book or document enclosed, and direct the same to the governor of the state to which the same may be sent.

5 Stat. 88.

156. No postmaster shall receive free of postage, or frank any letter or packet com- 2 July 1836 2 36. posed of, or containing anything other than paper or money; and for a violation of this provision, the offender shall be dismissed from office, and upon conviction in any court of competent jurisdiction, pay a fine of twenty dollars.

157. That the right and privilege of franking all public and official documents, that 15 Feb. 1843 3 1. may be sent from the office of the secretary of state, be and hereby is granted to the

chief clerk in that office.

5 Stat. 600.

5 Stat. 734.

lished.

158. That the 27th section of the act of congress entitled "An act to reduce into one 3 March 1845 8 5. the several acts for establishing and regulating the post office department," approved and signed the 3d day of March in the year 1825, and all other acts, and parts of acts grant- Franking abo ing and conferring upon any person whatsoever the right or privilege to receive and transmit through the mail, free of postage, letters, packets, newspapers, periodicals or other matters, be and the same are hereby utterly abrogated and repealed.

age.

Ibid. 6.

159. All officers of the government of the United States, heretofore having the franking privilege, shall be authorized and required to keep an account of all postage charged Officers to keep to and payable by them, respectively, upon letters, packages or other matters received accounts of post through the mail, touching the duties or business of their respective offices; [and said To be paid out of accounts for postage, upon being duly verified by said officers, respectively, shall be contingent funds. allowed and paid quarter-yearly, out of the contingent fund of the bureau or depart

(a) The commissioner of patents, by act 4 July 1836. See tit. "Patents," 1.

(b) See infra, 158–0.

Assistant postto receive and

"official business."

Postmasters to have credit for postage on official letters, &c.

8 March 1845. ment to which the officers aforesaid may respectively belong or be attached.] (a) And the three assistant postmasters-general shall be entitled to have remitted by the postmasters-general master in Washington all postage charged upon letters, packages or other matter, send letters free. received by them, respectively, through the mail, touching the business of the post office department, or the particular branch of that business committed to them, respectively; and each of the said assistant postmasters-general shall be and hereby is authorized to transmit through the mail, free of postage, any letters, packages or other matters relating To be indorsed exclusively to his official duties, or to the business of the post office department; but he shall, in every such case, indorse on the back of the letter or package so to be sent free of postage, over his own signature, the words "official business." And for any such indorsement falsely made, the person so offending shall forfeit and pay three hundred dollars. And the several deputy postmasters throughout the United States shall be authorized to charge, and have allowed to them in the settlement of their accounts with the post office department, all postage which they may have paid or had charged to them, respectively, for letters, packages or other matters, received by them on the business of their respective offices or of the post office department, upon a verification on oath of Postmasters may their accounts for the same, and the transmission of the charged letters as vouchers. And send letters free. the said several deputy postmasters shall be, and hereby are, authorized to send through the mail, free of postage, all letters and packages, which it may be their duty, or they may have occasion, to transmit to any person or place, and which shall relate exclusively to the business of their respective offices, or to the business of the post office department; but in every such case, the deputy postmaster sending any such letter or package shall indorse thereon, over his own signature, the words "post office business." And for any and every such indorsement falsely made, the person making the same shall forfeit and pay three hundred dollars.

How indorsed.

Ibid. 27.

Governors of

states to retain their privilege.

Members, &c., may frank docu

ments.

Ibid. 28. Franking privi

&c.

160. The act of congress entitled "An act authorizing the governors of the several states to transmit by mail certain books and documents," approved June the 30th 1834, (b) shall remain and continue in full force, anything herein before to the contrary notwithstanding. And the members of congress, the delegates from territories, the secretary of the senate and the clerk of the house of representatives, shall be and they are hereby authorized to transmit, free of postage, to any post office within the United States, or the territories thereof, any documents which have been or may be printed by order of either house of congress, anything in this law to the contrary notwithstanding.

161. Each member of the senate, each member of the house of representatives, and each delegate from a territory of the United States, the secretary of the senate, and the lege of members, clerk of the house of representatives, may, during each session of congress, and for a period of thirty days before the commencement and thirty days after the end of each and every session of congress, send and receive through the mail, free of postage, any letter, newspaper or packet, not exceeding two ounces in weight. And all postage charged upon any letters, packages, petitions, memorials or other matters or things, received during any session of congress, by any senator, member or delegate of the house of representatives, touching his official or legislative duties, by reason of any excess of weight, above two ounces, of the matter or thing so received, shall be paid out of the contingent fund of the house of which the person receiving the same may be a member. And they shall have the right to frank written letters from themselves during the whole year, as now authorized by law. (c)

Ibid. ? 23.

Presidents, expresidents, &c.

8 March 1845 28.

partments to be

162. Nothing in this act contained shall be construed to repeal the laws heretofore enacted, granting the franking privilege to the president of the United States when in office, and to all ex-presidents, and to the widows of the former presidents Madison and Harrison.

163. It shall be the duty of the secretary of the treasury to pay, out of any money in 5 Stat. 765. the treasury not otherwise appropriated, the amount of postage which may be charge Postage of the de- able to any of the executive departments or the bureaus thereof, under the provisions of paid by the secre- an act passed the present session of congress, entitled "An act to 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," the accounts for the same being first audited and allowed by the proper officer of the treasury department; the amount thereof to be reported to congress at the next session.

tary of the treasury.

Accounts to be audited.

1 March 1847 23.

9 Stat. 148.

164. All members of congress, delegates from territories, the vice president of the United States, the secretary of the senate, and the clerk of the house of representatives, Franking of pub- shall have the power to send and receive public documents free of postage during their term of office; and the said members and delegates shall have the power to send and receive public documents free of postage up to the first Monday of December, following the expiration of their term of office.

lic documents.

(a) See infra, 163, 167.

(b) See supra, 155.

(c) See infra, 164–6.

165. The secretary of the senate and clerk of the house of representatives shall have 1 March 1847 2 4. the power to receive, as well as to send all letters and packages, not weighing over two ounces, free of postage, during their term of office.

166. Members of congress shall have the power to receive, as well as to send, all letters and packages, not weighing over two ounces, free of postage up to the first Monday in December following the expiration of their term of office.

Secretary of
Senate and clerk
of the hous
Ibid. 25.

Members of con

gress.

9 Stat. 201.

167. That so much of the sixth section of the act to which this is supplementary, as 3 March 1847 ? 12. requires the postmaster-general to cause accounts of the postage that would be chargeable by the rates prescribed in said act, upon all matter passing free through the mail, Appropriation for and that the same shall be paid to the post office department from the contingent funds Postage offcial postage. of the two houses of congress, and of the other departments of the government for which such mail service may have been performed, be and the same is hereby repealed; and that in lieu of such payment, and in compensation for such mail services as may be performed for the several departments of the government, there shall be paid to the post office department, from the treasury, for each year's service, the sum of 200,000 dollars, which is hereby appropriated for that purpose, out of any unappropriated money in the treasury.

Ibid. 13.

168. Such publications or books as have been or may be published, procured or purchased by order of either house of congress, or a joint resolution of the two houses, shall What to be deembe considered as public documents, and entitled to be franked as such.

ed public documents.

9 Stat. 501.

169. There shall be paid to the post office department, in further payment and com- 3 March 1851 8 8. pensation for the mail service performed for the two houses of congress and the other departments and officers of the government, in the transportation of free matter, the sum Appropriation for of 500,000 dollars per year, which shall be paid quarterly, out of any moneys in the postage increas treasury not otherwise appropriated.

ed.

10 Stat. 266.

170. The superintendent of the coast survey, and the assistant in charge of the office 2 Feb. 1854 2 1. of the coast survey, shall be authorized to receive and transmit, free of postage, by the mails, all letters and documents in relation to their public duties.

10 Stat. 685,

171. That the right to frank letters and documents now allowed by law to the vice-3 March 1855 & 4. president, be continued to those who have heretofore, or shall hereafter, hold that office, during life.

Ibid. 25.

172. All books, maps, charts or other publications, entered for copyright, and which, under the act of August 10th 1846, are required to be deposited in the library of congress, Copyright publi and in the Smithsonian Institution, may be sent through the mails free of postage, under cations to Smithsonian Institusuch regulations as the postmaster-general may prescribe. tion, &c.

X. RATES OF POSTAGE.

4 Stat. 105.

173. The postage marked on any letter or packet, and charged in the post bill which 3 March 1825 18. may accompany the same, shall be conclusive evidence in favor 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.

written on, to be

174. Any memorandum, (a) which shall be written on a newspaper, or other printed Newspapers, &c, paper, pamphlet or magazine, and transmitted by mail, shall be charged with letter charged letter postage: Provided, The publisher of a newspaper may send a printed or written notice postage. to a subscriber, stating the amount due on his subscription; which notice shall be Publishers may attached to the margin of the newspaper; and the postmaster who delivers the paper subscribers. shall charge for such notice the same postage as for a newspaper.

send notices to

Ibid. 15.

175. 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, if Postage on ship delivered at the post office where the same shall arrive; and if destined to be conveyed letters. by post to any place, with two cents added to the ordinary rates of postage.

176. If any postmaster or other person, authorized by the postmaster-general to Ibid. 16. receive the postage of letters, shall fraudulently demand or receive any rate of postage, Penalty for or gratuity or reward, other than is provided by this act, for the postage of letters or charging illegal packets, on conviction thereof, he shall forfeit, for every such offence, one hundred dollars.

postage.

9 Stat. 589. Postmasters may remove wrappers

177. Postmasters at the office of delivery are hereby authorized, and it shall be their 3 March 1851 § 2. duty to remove the wrappers and envelopes from all printed matter and pamphlets not charged with letter postage, for the purpose of ascertaining whether there is upon or connected with any such printed matter, or in such package, any matter or thing which from printed" would authorize or require the charge of a higher rate of postage thereon. 178. From and after the 30th day of September 1852, the postage upon all printed 30 Aug. 1852 § 1. matter passing through the mail of the United States, instead of the rates now charged,

matter.

10 Stat. 38.

(a) An initial letter on the envelope is not such memorandum. be maintained in the state courts for detaining such newspaper. Teal v. Felton, 12 How. 284. 8. c., 1 Comst. 537. And trover may Ibid.