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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 postage as for a newspaper.(1)
441. 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 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.(2)
442. All newspapers conveyed in the mail shall be under cover, open at one end, and charged with a postage of one cent each, for any distance not more than one hundred miles, and one and a half cents for any greater distance: Provided, That the postage of a single newspaper, from any one place to another in the same state, shall not exceed one cent, and the postmaster-general shall require those who receive newspapers by post, to pay always the amount of one quarter's postage in advance; and should the publisher of any newspaper, after being three months previously notified that his paper is not taken out of the office to which it is sent for delivery, continue to forward such paper in the mail, the postmaster, to whose office such paper is sent, may dispose of the same for the postage, unless such publisher shall pay it.(3)
443. If any person employed in any department of the post office, shall improperly detain, delay, embezzle, or destroy any newspaper, or shall permit any other person to do the like, or shall open, or permit any other to open, any mail, or packet of newspapers, not directed to the office where he is employed, such offender shall, on conviction thereof, forfeit a sum not exceeding fifty dollars, for every such offence. And if any other person shall open any mail or packet of newspapers, or shall embezzle or destroy the same, not being directed to such person, or not being authorized to receive or open the same, such offender, shall, on the conviction thereof, pay a sum not exceeding twenty dollars for every such offence. And if any person shall take, or steal any packet, bag, or mail of newspapers, from, or out of any post office, or from any person having custody thereof, such person shall, on conviction, be imprisoned, not exceeding three months, for every such offence, to be kept at hard labour during the period of such imprisonment. If any person shall enclose or conceal a letter, or other thing, or any memorandum in writing, in a newspaper, pamphlet, or magazine, or in any package of newspapers, pamphlets, or magazines, or make any writing or memorandum thereon, which he shall have delivered into any post office, or to any person for that purpose, in order that the same may be carried by post, free of letter postage, he shall forfeit the sum of five dollars for every such offence; and the letter, newspaper, package, memorandum, or other thing, shall not be delivered to the person to whom it is directed, until the amount of single letter postage is paid for each article of which the package is composed.(4)
444. No newspapers shall be received by the postmasters, to be conveyed by post, unless they are sufficiently dried and enclosed in proper wrappers, on which, besides the direction, shall be noted the number of papers which are enclosed for subscribers, and the number for printers: Provided, That
(1) Act 3d March, 1825, sec. 3. Act
2d March, 1827, sec. 5.
(2) Act 3d March, 1825, sec. 15.
(3) Ibid. sec. 30. cl. 1.
(4) Ibid. sec. 30.
the number need not be endorsed, if the publisher shall agree to furnish the postmaster, at the close of each quarter, a certified statement of the number of papers sent in the mail, chargeable with postage.(1)
445. The postmaster-general, in any contract he may enter into for the conveyance of the mail, may authorize the person with whom such contract is to be made, to carry newspapers, magazines, and pamphlets, other than those conveyed in the mail: Provided, That no preference shall be given to the publisher of one newspaper over that of another, in the same place. When the mode of conveyance, and size of the mail, will admit of it, such magazines and pamphlets as are published periodically, may be transported in the mail to subscribers, at one and a half cents a sheet, for any distance not exceeding one hundred miles, and two and a half cents for any greater distance. And such magazines and pamphlets as are not published periodically, if sent in the mail, shall be charged with a postage of four cents on each sheet, for any distance not exceeding one hundred miles, and six cents for any greater distance.(1)
446. And for every letter lodged at any post office, not to be carried by post, but to be delivered at the place where it is so lodged, the postmaster shall receive one cent of the person to whom it shall be delivered.(2)
ART. 447. 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 printed by the order of either house of congress,) shall not exceed two ounces in weight; 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, of war, of the navy, attorney-general, postmaster-general, and the assistants postmaster-general, the comptrollers of the treasury, auditors, register, treasurer, and commissioner of the general and land office, and such individual who shall have been, or may hereafter be, president of the United States, commissioners of the navy board, adjutant-general, commissary. general, inspectors-general, commissioner of patents, solicitor of the treasury, auditor of the post office, chief engineer, commissioner of pensions, commissioner of Indian affairs, widow of James Madison, and each may receive newspapers by post, free of postage: Provided, 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 (1) Act 3d March, 1825, sec. 30. (2) Ibid. sec. 36. cl. 2.
of representatives, the clerk of the house, or secretary of the senate, receive newspapers, free of postage, after their privilege of franking shall cease.(1)
So much of the act as restricts the franking privilege of members of congress to the period of sixty days before and after each session, is repealed, and such privilege may be exercised by each member from the period of sixty days before he takes his seat in congress until the meeting of the next congress.(2)
448. 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, and to transmit to said generals any letter or packet, relating solely to the militia of such state or territory: Provided, always, That every such officer, before he delivers any such letter or package for transmission, shall, in his own proper hand-writing, on the outside thereof, endorse 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 any thing 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.(3)
449. 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 fine of ten dollars, and it shall be the especial duty of postmasters to prosecute for said 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, enclosed to him, any letter or packet addressed to a person not having that right, it shall be his duty to return the same to the post office, marking thereon the place from whence it came, that it may be charged with postage. And if any person shall counterfeit the hand-writing, or frank of any person, or cause the same to be done, in order to avoid the payment of postage, each person, so offending, shall pay for every such of fence, five hundred dollars.(4)
450. Every printer of newspapers may send one paper to each and every other printer of newspapers within the United States, free of postage, under such regulations as the postmaster-general shall provide.(5)
451. Members and delegates in congress, secretary of the senate, and clerk of the house of representatives, may transmit, free of postage, any documents printed by order of either house.(6)
452. The governors of the several states may transmit by mail, free of postage, all laws and reports, bound or unbound, and all records and documents of their respective states, which may be directed by the legislatures of the several states, to be transmitted to the executives of other states: and the governor transmitting the same, shall, in addition to his frank, endorse the kind of book or document enclosed, and direct it to the governor of the state to which it may be sent.(7)
(1) Act 3d March, 1825, sec. 27, and supplements.
(2) Act 2d March, 1833, sec. 6.
(5) Ibid. sec. 29.
(6) Act 19th December, 1821.-Resolution, 13th January, 1831.
(7) Act June 30th, 1834.
Of Suits under the Post Office Act.
ART. 453. All causes of action arising under this act, may be sued, and all offenders against this act, may be prosecuted, before the justices of the peace, magistrates, or other judicial courts of the several states, and of the several territories of the United States, they having competent jurisdiction, by the laws of such states or territories, to the trial of claims and demands of as great value and of the prosecutions, where the punishments are of as great extent; and such justices, magistrates, or judiciary, shall take cognizance thereof, and proceed to judgment and execution as in other cases.(1)
454. In all suits or causes arising under this act, the court shall proceed to trial, and render judgment the first term after such suit shall be commenced: Provided always, That whenever service of the process shall not have been made twenty days at least previous to the return day of such term, the defendant shall be entitled to one continuance, if the court, on his statement, shall judge it expedient: Provided also, That if the defendant in such suits shall make affidavit that he has a claim against the general post office, not allowed by the postmaster-general, although submitted to him conformably to the regulations of the post office, and shall specify such claim, in the affidavit, and that he could not be prepared for the trial at such term, for want of evidence, the court, in such case, being satisfied in those respects, may grant a continuance until the next succeeding term; and the postmastergeneral shall be authorized to discharge from imprisonment any person confined in jail, on any judgment in a civil case, obtained in behalf of the department: Provided, It be made to appear that the defendant has no property of any description: And provided, That such release shall not bar a subsequent execution against the property of the defendant.(2)*
Repeal of other Laws.
ART. 455. All acts and parts of acts which have been passed for the establishment and regulation of the general post office, shall be, and are hereby repealed: Provided, That the act, entitled, "An act concerning public contracts," approved on the twenty-first of April, one thousand eight hundred and eight, shall not be affected hereby, but shall remain in full force and virtue: And provided also, That nothing herein contained shall be construed to affect, or extend to, any offence committed against the laws, now in force, intended by this act to be repealed; but the same shall be prosecuted, and determined, and punished, according to the said laws, nor to affect any existing contract, or debt, or demand, due to or from the department; but all such offences, crimes, debts, duties, demands, and contracts, shall be held in force, and adjudged, determined, and executed, according to the present laws in force, as though this act had not passed; nor shall it affect any appointments to office made under the laws hereby repealed.(3)
(1) Act 3d March, 1825, sec. 37.
(2) Ibid. sec. 38.
(3) Ibid. sec. 46.
*For offences against post office regulations, see Criminal Code.
OF EXECUTIVE MINISTERS ABROAD.
Of the Compensation of Ministers.
ART. 456. The president shall not allow to any minister plenipotentiary, a greater sum than at the rate of nine thousand dollars per annum, as a compensation for all his personal services and expenses: nor, to any chargé des affaires, a greater sum than at the rate of four thousand five hundred dollars per annum, as a compensation for all his personal services and expenses; nor, to the secretary of any legation or embassy, to any foreign country, or secretary of any foreign minister plenipotentiary, a greater sum than at the rate of two thousand dollars per annum, as a compensation for all his personal services and expenses. The president may allow to a minister plenipotentiary, or chargé des affaires, on going from the United States to any foreign country, an outfit, which shall in no case exceed one year's full salary. But no consul shall be allowed an outfit in any case whatever.(1) 457. To entitle any chargé des affaires, or secretary of any legation or embassy to any foreign country, or secretary of any minister plenipotentiary, to the compensation above mentioned, they shall, respectively, be appointed by the president, by and with the advice and consent of the senate: but in the recess of the senate, the president may make such appointments, which shall be submitted to the senate at the next session thereafter, for their advice and consent: and no compensation shall be allowed to any chargé des affaires, or any of the secretaries above described, who shall not be appointed as aforesaid.(2) See article 126.
458. But nothing herein contained shall be construed to authorize any appointment of a secretary to any chargé des affaires, or to any consul residing on the Barbary coast, or to sanction any claim against the United States, for expense incident to the same.(2)