Register of Debates in Congress, Comprising the Leading Debates and Incidents of the Second Session of the Eighteenth Congress Page: 95
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APPENDIX—To Gales & Section's Register. 95
18th Congress, ? Lcaos of the United Slates.
2d Session. s ■'
Sec, 32. And be it further enacted, That, if any Postmaster shall neglect to render his accoun s for one month
after the time, and in the form and manner prescribed by law, and by the Postmaster General's instructions, con-
formable therewith, he shall forfeit double the value of the postages which shall 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 such sum as the Court and jury shall estimate, equivalent thereto, to be recovered
by the Postmaster General, in an action of debt, on a bond against the Postmaster and his securities, and for which
the securities shall be liable.
Sec. 33. And be it further enacted, That all pecuniary penalties and forfeitures, incurred under this act, shall be
one 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 Postmaster General, and accounted for by him as other moneys
Sec. 34. And be it further enacted, That 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 bevond
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 vesse shall be bound ; and for
everv letter or packet so received, there shali 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.
Sec, 35. And be it further enacted, That the Postmasters, Post ri !?rs, and drivers of the mail stages, shall be
exempt from militia duties, and serving on juries, or any fine or penalty for neglect thereof.
Sec 36. And be it further enacted, That letter carriers shall be employed at such Post Offices as the Postmaster
General shall direct, for the delivery of letters in the piaces, respectively, where such Post Offices are established;
ami, for the delivery of each such letter, the letter carrier may receive, oftlie person to whom the delivery is made,
two cents : Provided, That no letter shall be delivered to such letter carrier for delivery, addressed to any person
who shall have lodged at the Post Office a written request that the letters shall be detained in the office. And,
for everv 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 rent of the person to whom it shall be delivered.
Sec. 37. And be itjurther enacted, That 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>he
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.
Sec. 38. And be it further enacted, That, 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 : 'Pro-aided, 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 ex-
pedient : Provided, also, That, if the defendant in such suits shall make affidavit that lie has a claim against the
General Post Office, not allowed by the Postmaster General, although submitted to him conformably to the regu-
lations 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 con-
tinuance until the next succeeding term; and the Postmaster General shall be authorized to discharge from im-
prisonment 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.
Sec. 39. And be it further enacted, That it shall be the duty ot the Postmaster General to report, annually, to
Congress, every post road which shall not, after the second year from its establishment, have produced one-third
of tile expense of carrying the mail on the same.
Sec. 40. And be it further enacted, That 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 everv 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 ins
name and office ; and shall previously furnish the Postmaster of the office where he shall deposite the same,
with a specimen'of his signature. And if any such officer shall frank any such 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
such offender shall, on conviction of every such offence, forfeit and pay a fine of fifty dollars.
Sec. 41. And be it further enacted, That, whenever the annual emoluments of any Postmaster, after deduct-
ing therefrom the necessary expenditures incident to his office shall amount to more than two thousand dollars,
the surplus shall be accounted for, and paid to the Postmaster General, and by him to be accounted for 111 the
same manner as other moneys accruing from the Post Office establishment. _ Tl ,
Sec. 42. And be it further enacted, That no Postmaster, Assistant Postmaster, or Clerk, employed m any Post
Office, shall be a contractor, or concerned in a contract for carrying the mail: Provided, That this section shall not
interfere with contracts heretofore made. ,, ,
Sec 43 And be it further enacted, That no additional allowance shall be made, by the Postmaster General, to
the contractor or carrier of anv mail, on any route, over or beyond the amount stipulated m the contract entered
into for the transportation of the mail on such route, unless additional service shall be required; and then no
additional compensation shall be allowed to exceed the exact proportion of the original amount to the additional
duties required; and the Postmaster General shall, jn all such cases, within thirty days theu-afitr, tiansniit to
the First Comptroller of the Treasury an account of such additional services, and the compensation to be allowed
thSec°44. And be it further enacted, That any person or persons, who shall hereafter make any ]:iroposal, m
writing-, to carry or transport the mail upon any route or routes, which may be advertised to be let, and such pet-
son or persons shall be determined by the Postmaster General to be entitled to the. contract, by virtue of sac
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Gales, Joseph, 1761-1841. Register of Debates in Congress, Comprising the Leading Debates and Incidents of the Second Session of the Eighteenth Congress, book, 1825; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc30752/m1/471/: accessed April 29, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.