10 July 1832 3. Accounts to be kept. 130. That the secretary of the navy be and he is hereby authorized and required to cause books to be opened, and regular accounts to be kept, showing the condition of the navy and privateer pension funds, the receipts and expenditures thereof, the names of the pensioners, and the dates and amount of their respective pensions, with a statement Annual reports to of the act or acts of congress under which the same may be granted; and that he shall annually report to congress an abstract, showing the condition of these funds in all these particulars, and the receipts and expenditures during the year. And cause a similar account of the receipts and expenditures of the navy hospital fund, to be kept and reported to congress, annually, in like manner, and at the same time, with the reports upon the pension funds. congress. Ibid. 2 5. Powers of com 131. That all the powers conferred, (a) and duties imposed by laws now in force, on the commissioners of the navy and privateer pension and navy hospital funds, be and missioners trans- they are hereby transferred to the secretary of the navy; (b) and all acts and parts of acts, contrary to the provisions of this act, be and they are hereby repealed. ferred to secre tary. 22 Feb. 1840 2. 5 Stat. 368. may administer paths. 132. The several agents for paying pensions, now in office, or hereafter to be appointed, shall be and they are hereby authorized to administer all oaths required to be adminisPension agents tered to pensioners, attorneys of pensioners or others, in the course of the preparation of papers for the payment of pensions under any of the laws of congress. And the said agents, for the administration of every oath and the proper certificate thereof, shall be and are hereby authorized to charge, and shall be entitled to receive from the person to whom the oath is administered, the same compensation which, by the laws of the state in which the agent is located, is allowed to state officers for administering similar oaths and certifying the same. Compensation therefor. 20 Feb. 1847 2. 9 Stat. 127. pension agents. 133. The secretary of war is hereby authorized to make such compensation to agents for paying pensions as may be just and reasonable, (c) to be paid out of the fund approCompensation of priated for the payment of revolutionary pensions, but in no case to exceed two per centum on moneys disbursed by them; the said compensation to be in full for all their services, and any contingent expenses that may arise in the discharge of their official duties, books, printing and stationery excepted: Provided, That the amount of compensation allowed to any one pension agent shall not exceed one thousand dollars per annum: And provided further, That the secretary of war shall so regulate the remittances made to pension agents as to prevent an undue accumulation of balances in their hands. 19 Feb. 1849 Deputies and clerks may administer oaths. 5 April 1856 11 Stat. 3. Pensions to be paid on special appropriations. 2. 2. 134. Whenever any agent for paying pensions shall have a deputy or clerk, authorized by law, said deputy or clerk shall have like power to administer oaths or affirmations as said agent may have; and all oaths and affirmations taken before said clerk or deputy, shall be of like obligation, and subject to like penalties for false swearing or affirmation, as if taken before the pension agent himself. 135. That so much of the first section of the act entitled "An act for the relief of certain surviving officers and soldiers of the army of the revolution," approved 15th May 1828; of the first section of the act entitled "An act supplementary to the act for the relief of certain surviving officers and soldiers of the army of the revolution," approved 7th June 1832; and of the first proviso of the first section of the act entitled “An act renewing certain naval pensions, and extending the benefit of existing laws respecting naval pensions to engineers, firemen, and coal-heavers in the navy, and to their widows," approved 11th August 1848; as provides for the payment. of all pensions under the aforesaid acts out of any moneys in the treasury not otherwise appropriated, be and the same is hereby repealed, from and after the 30th of June 1856. (a) Under this act, the secretary has power to transfer the bonds in which a part of the navy pension fund is invested. 3 Opin. 719. (b) This devolves upon the secretary the duty of deciding whether the disability is such as to entitle applicants to admission on the roll of navy pensioners, and what amount they shall re ceive. 2 Opin. 542. And when the pension is to commence. Ibid. 41. (c) See supra 115, note (d). Pilots. [See STEAMBOATS.] 1. Pilots to be regulated by state laws. 2. On the boundary waters between states, the pilots of either may be employed. 1 Stat. 54. 1. All pilots in the bays, inlets, rivers, harbors and ports of the United States, shall Aug. 1789 2 4 continue to be regulated in conformity with the existing laws (a) of the states respectively wherein such pilots may be, or with such laws as the states may respectively here- Pilots to be regu lated by state after enact for the purpose, (b) until further legislative provision shall be made by laws. congress. 2. It shall and may be lawful for the master or commander of any vessel coming into 2 March 1837 ? 1. or going out of any port situate upon waters, which are the boundary between two states, to employ any pilot duly licensed or authorized by the laws of either of the states bounded on the said waters, (c) to pilot said vessel to or from said port, any law, usage states, the pilots or custom to the contrary notwithstanding. (a) This gives the force of an act of congress to the existing state laws on the subject of pilots, so long as they should continue unrepealed by the state which enacted them. Cooley v. Board of Wardens, 12 How. 318. 5 Stat. 153. On the boundary waters between of either may be employed. (b) The grant of the commercial power to congress, did not per se deprive the states of all power to regulate pilots. Cooley v. Board of Wardens, 12 How. 318. (c) See Flanigen v. Washington Insurance Co., 7 Barr, 310-11. I. POST OFFICE DEPARTMENT. Post Office. [See CRIMES, VIII.] 1. General post office. Postmaster-general. His duties. Senior assistant to act in case of death. 2. Oath of office. 3. Bonds of postmasters. Limitation of suits against sureties. 4. No fees or perquisites. 5. When suits to be commenced against postmasters, &c. Certified statements and copies to be evidence. 6. Forfeiture for neglect to render account. How recoverable. 7. Distribution of penalties, &c. 8. Exemption from militia duty, &c. 9. Jurisdiction of the courts. 10. Judgment at the first term. Continuances. Discharge of insolvents from imprisonment. 11. Third assistant postmaster-general. Messengers, &c. 12. What postmasters to be appointed by the president. 13. Exemption from militia duty, &c. 14. Postmaster to be a resident of his district. 15. How postmasters' sureties may be released. New bond to be given. Appropriation of subsequent payments. 16. When first assistant to act as postmaster-general. 17. Salaries in the post office department. 18. In the office of the auditor. 19. Assistant postmasters-general may be employed as special newspapers, &c. agents. 20. Salaries of assistant messengers. 21. Of special agents. 22. Assistants to be appointed by the president. II. ANNUAL REPORTS TO CONGRESS. 23. Postmaster-general's reports. On contracts. Allowances. Incidental expenses. Finances. Fines, &c. III. ACCOUNTS OF THE POST OFFICE. 24. Revenues to be paid into the treasury. 25. Estimates to be submitted to congress. 26. Appropriations from the revenues of the post office. 27. Payments, how made. Allowances. Transfer of debts. 28. Treasurer's receipts. 29. Disbursements on warrants of postmaster-general. 30. Treasurer's accounts. 31. Appointment of auditor. Appeals. Duties of the auditor. Franking privilege. 32. Duties of the postmaster-general. When to make advances to agents. 33. Covering warrants to be issued quarterly on certificate of the auditor. 34. Duplicate contracts to be lodged with auditor. Bonds of postmasters. Appointments, &c., to be certified to him. 35. How accounts to be kept. 36. Form of contracts. How suits to be brought. 37. Auditor to superintend collections. 62. Steamboats may convey letters. Regulations. Rates of postage to be charged. Penalty, when to attach. No packet over three pounds to be sent by mail. 63. What to be deemed mailable matter. Not to be made up in packets. Except books, &c., not intended for distribution. Tra vellers may carry books, &c., for use. 64. Distribution of penalties. How recoverable. Jurisdiction of the state courts. 65. Jurisdiction of the federal courts. 66. Letters to different persons not to be enclosed in one enve ope. Except to foreign countries. 67. Post routes in Utah and New Mexico. 68. Mail may be carried on plank-roads. 69. Mail route between New Orleans and gulf ports of Florida. 70. Mails on the Mississippi. 71. Railroads to be post roads. 72. Contracts for mails on the Mississippi. V. MAILS TO THE PACIFIC. 73. Mails to the Pacific across the isthmus of Panama. 75. Contracts to provide for purchase of steamships. Departure of mails. 76. Departure of steamships to be re-arranged. Compensation for increased service. Route may be changed. Contracts. 77. Resident agents at Panama. Salaries. 78. Letters to be advertised. 79. Compensation of special mail agent. 80. Letter carriers to be appointed. Compensation. To be 38. Certified copies of papers to be evidence. What credits to subject to act of 1836. No letters, &c., to be delivered to them, be allowed. Interest. 39. Duties of district attorneys. 40. Moneys wrongfully paid may be recovered back. 41. Auditor to adjust prior balances. Proceedings in equity. 42. Who may administer oaths. False swearing to be perjury. 43. Postmaster-general to prescribe regulations for government of the auditor. Remission of fines, &c. Judgments may be compromised. IV. MAILS AND POST ROUTES. 44. Post routes to be established. Contracts. 90. Contract to be entered into for conveyance of mail to Washington territory. VI. FOREIGN MAILS. 148. Custom house officers may search for letters, &c. Distribution of penalties. Packages to be forfeited. 91. Dispatch of foreign mails. Postage. Postal arrangements certain offices. for expenses, with foreign countries. 92. Transmission of British mail from Boston to Canada. of postage. 94. Contracts for carrying foreign mails. 95. Terms of such contract. 96. Penalty for carrying letters, &c., in such vessels, out of the mails. 97. Consuls may be authorized to pay foreign postage. To be marked, and credited. 98. Preference to be given to steamships. Contracts to provide for their purchase by the United States. 99. Mails in the Gulf and on the Mississippi. 100. Reciprocal postage rates to be charged on letters carried in foreign vesels. Duties of custom house officers. May open and examine packages on suspicion of fraud. 101. All mailable matter conveyed in foreign ships to be subject to such postage, except. &c. Masters to deliver letters, &c., on arrival. Penalty for violation. 102. Penalty on contractors for refusing to convey steamships to the United States, according to their contracts. 103. Fines for delay, &c. 104. Contracts not assignable. 105. How postage to be estimated under postal treaty with Great Britain. Dead letters. &c. 106. Payment of balances to London post office. 107. Foreign postages may be reduced or enlarged. 108. In time of peace, mail steamers to be officered by the contractors. 109. Contract for additional trip to Bremen and Havre. CompenBation. Change of terminus to Antwerp. 110. Foreign mails of adjoining countries may be transported through the United States. When such privilege may be annulled. 111. To be entitled to the same protection as domestic mails. 112. Mail to Havana to be continued. VII. MAIL CONTRACTS. 113. Mail contracts to be advertised. Terms. 114. No postmaster, &c., to be a contractor. 143. Compensation of postmasters. Allowance to be made at 151. What officers to enjoy the franking privilege. Newspapers. 153. Adjutants-general of militia may frank official letters. 154. Franking privilege extended. No other persons to frank letters. 155. Governors of states may frank laws. 156. No postmaster to frank packets containing other than paper or money. 157. Chief clerk in state department. 159. Officers to keep accounts of postage. To be paid out of send letters free. To be indorsed "official business." Postmasters contingent funds. Assistant postmasters general may receive and to have credit for postage on official letters, &c. Postmasters may send letters free. How indorsed. 160. Governors of states to retain their privilege. &c., may frank documents. 161. Franking privilege of members, &c. 162. Presidents, ex-presidents. &c. Members, 163. Postage of the departments to be paid by the secretary of the treasury. Accounts to be audited. 164. Franking of public documents. 165. Secretary of senate, and clerk of the house. 167. Appropriation for payment of official postage. 169. Appropriation for postage increased. 170. Superintendent of coast survey and his assistant. 172. Copyright publications to Smithsonian Institution. 173. Post mark to be evidence of postage, unless opened. &c. 174. Newspapers, &c., written on, to be charged letter postage 115. When additional allowance may be made for additional Publishers may send notices to subscribers. service. 116. Forfeiture for non-execution of contract. 117. Advertisements for proposals. No consolidated bid to be received. Compensation for extra service regulated. Notice of change of contract to be given. And of temporary contracts. 118. Proposals to be sealed. To be awarded to the lowest bidder. Not to one in default. 119. Proposals to be registered. And originals filed. 120. Persons employed in the department not to be interested in contracts. Penalty. 121. Proposals to be accompanied by guarantee. In case of non-compliance, contract to be made with others. And guarantors to be sued. 122. No contracts to be made with persons who have entered into combinations. 123. No payments until execution of contracts. Nor for additional service, except on prior order. 137. Payment to masters. Certificate. 138. Postmasters. &c., to account for way letters. Carriers, &c., to receive way letters. 139. Emoluments of postmasters above $2000 per annum to be accounted for. 140. Not to be agents for lottery offices, &c. 141. Schedule of arrivals and departures to be furnished to postmasters. Delinquencies, &c., to be reported Registers to be kept. 142. Penalty for unlawful detention of letters, &c. 143., Postmasters of cities to make returns of emoluments from boxes, &c. Excess above $3000 to be accounted for. No postmaster to retain over $5000 per annum. 144. Branch offices may be established. 145. Box receipts over $2000 to be applied to office expenses. 146. No post office to be discontinued by reason of diminution of revenue from reduction of postage. 147. No vessel to be permitted to make entry until delivery of letters. Oath of master. 175. Postage on ship letters. 176. Penalty for charging illegal postage. 177. Postmasters may remove wrappers from printed matter. 178. Postage on printed matter. Transient matter. 179. Postage on books. Publishers' exchanges. Bills and receipts. Weekly newspapers to subscribers within the county. 180. Rates of postage. Double letters, &c. Postage to be prepaid. Stamps to be placed on all prepaid letters. Drop letters. Advertised letters. 181. Transient matter to be prepaid. XI. NEWSPAPERS AND PERIODICALS. 182. Penalty for detaining newspapers, &c. For stealing them from the mail. 183. Penalty for concealing letters in newspapers, &c. How newspapers to be put up. 184. Newspapers, &c., may be carried out of the mail. 187. How newspapers. &c., to be put up, and mailed. All other matter to be charged letter postage. 188. Unclaimed periodicals to be sold. XII. POSTAGE STAMPS. I. POST OFFICE DEPARTMENT. 4 Stat. 102. office. 1. That there be established, at the seat of the government of the United States, a 3 March 1825 1. general post office, under the direction of a postmaster-general. The postmaster-general shall appoint two assistants, (a) and such clerks as may be necessary for the performance General post of the business of his office, and as are authorized by law; (b) and shall procure, and Postmaster genecause to be kept a seal for the said office, which shall be affixed to commissions of post- ral." masters, and used to authenticate all transcripts and copies which may be required from the department. He shall establish post offices and appoint postmasters, (c) at all such His duties. 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 favor of the general post office. 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. (d) He shall prosecute offences against the post office establishment. He shall, once in three months, render to the secretary of the treasury a quarterly account of all the receipts and 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: (e) Provided, That in case of the death, resignation or removal from office of the Senior assistant 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.(g) 2. 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 everything 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. to act in case of death. Ibid. 22. Oath of office. 3. It shall be the duty of the postmaster-general, upon the appointment of any postIbid. 23. master, to require and take of such postmaster, bond, (h) with good and approved secu- Bonds of postrity, in such penalty as he may judge sufficient, conditioned for the faithful discharge of masters. 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: (i) Provided however, Limitation of That if default shall be made by the postmaster aforesaid, at any time, (k) and the post- sureties. master-general shall fail to institute suit against such postmaster and said sureties, for two years from and after such default shall be made,(7) then and in that case the said sureties shall not be held liable to the United States, nor shall suit be instituted against them. (g) See infra, 16. To the United States of America; see infra, 36. The bond of a deputy postmaster takes effect, and speaks from the time that it reaches the postmaster-general, and not from the day of Its date, or from the time when it is deposited in the post office to be forwarded. United States v. Le Baron, 19 How. 73. (i) The sureties are liable for his non-compliance with subsequent as well as past laws or orders, till his official term expires, if the order be such as are justified by law. Boody v. United States, 1 W. & M. 150. suits against (k) If a deputy postmaster be in default at the end of a quarter, and he omit to make an appropriation of subsequent payments made by him, it is the right of the government to apply such payments to extinguish previous balances; and if by such appropri ations, all balauces occurring more than two years before the institution of the suit were paid. the act in the text, limiting the liability of sureties, does not affect the case. Jones v. United States, 7 How. 681. Boody v. United States, 1 W. & M. 150. (1) The defalcation is to be counted from the time the law requires the moneys to paid over, viz. at the end of every three months; and not from the time the postmaster shall fail to pay the draft of the department. Postmaster-General v. Fennell, 1 McLean. 217. United States v. Sears, Western Legal Observer, 80. The limitation does not apply to a default which occurred before the passing of the act. Postmaster-General v. Rice, Gilp. 554. The prior act did not discharge the sureties in case of delay to bring suit. Dux v. Postmaster-General, 1 Pet. 318. March 1825 12. Ibid. 31. When suits to be commenced against postmasters, &o. Certified state ments and copies to be evidence. Ibid. 2 32. Forfeiture for 4. No fees or perquisites shall be received by any person employed in the general post office, on account of the duties to be performed by virtue of his appointment. 5. If any postmaster, or other person authorized to receive the postage of letters and packets, shall neglect or refuse to render his accounts, and pay over to the postmastergeneral the balance by him due, at the end of every three months, it shall be the duty of the postmaster-general to cause a suit to be commenced against the person or persons so neglecting or refusing. That all suits, which shall be hereafter commenced, for the recovery of debts or balances due to the general post office, whether they appear by bond or obligations, made in the name of the existing, or any preceding postmaster-general or otherwise, shall be instituted in the name of the "Postmaster-general of the United States."(a) That certified statements, under the seal of the general post office, of the accounts of the several postmasters and contractors, after the same shall have been examined and adjusted at that office, shall be admitted as evidence in all suits brought by the postmaster-general for the recovery of balances or debts due from postmasters or contractors; and, also, certified copies of the quarterly accounts of postmasters; or, if lodged in the treasury, copies, certified by the register, under the seal of his office, shall be admitted as evidence.(b) 6. If any postmaster shall neglect to render his accounts for one month after the time, and in the form and manner prescribed by law, and by the postmaster-general's instrucneglect to render tions conformable therewith, he shall forfeit double the value of the postages which shall accounts. have arisen at the same office in any equal portion of time previous or subsequent thereto; or in case no account shall have been rendered at the time of trial of such case, then How recoverable. such sum as the court and jury shall estimate, equivalent thereto; to be recovered by the postmaster-general, in an action of debt, on the bond against the postmaster and securities, and for which the securities shall be liable. Ibid. 33. Distribution of penalties, &c. Ibid. 235. Ibid. 237. Jurisdiction of the courts. Ibid. 38. first term. Continuances. 7. All pecuniary penalties and forfeitures, incurred under this act, shall be cne-half for the use of the person or persons informing and prosecuting for the same, and the other half to the use of the United States; and shall be paid over to the postmastergeneral, and accounted for by him as other moneys of the department. 8. The postmasters, post-riders and drivers of the mail stages, shall be exempt from militia duties, and serving on juries, or any fine or penalty for neglect thereof. 9. 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 cognisance thereof, and proceed to judgment and execution, as in other cases. 10. In all suits or causes arising under this act, the court shall proceed to trial, and Judgment at the 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 the statement of such defendant, shall judge it expedient: Provided also, That, if the defendant in such suit 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 Discharge of in- until the next succeeding term. And the postmaster-general shall be authorized to dissolvents from im- charge 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. prisonment. 2 July 1836 20. 5 Stat. 84. 11. There shall be employed by the postmaster-general, a third assistant postmastergeneral, who may receive and send letters and packets free of postage, [and in lieu of Third assistant the clerks now employed in the department, one chief clerk, three principal clerks, and thirty-three other clerks,] (c) one messenger, and three assistant messengers, and two Messengers, &c. watchmen. postmaster-gene ral. Ibid. 33. What postmasters to be appointed by the president. 12. There shall be appointed by the president of the United States, by and with the advice and consent of the senate, a deputy postmaster for each post office at which the commissions allowed to the postmaster amounted to one thousand dollars or upwards in the year ending the 30th day of June 1835, or which may, in any subsequent year, terminating on the 30th day of June, amount to or exceed that sum; who shall hold his office for the term of four years, unless sooner removed by the president. (a) Now, in the name of "The United States;" see infra, 36. (c) See tit. "Clerks," 11-12. |