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pursuing such process; or if either party shall refuse, then the justice first appointed shall name his associate, with condition to answer and pay whatever sum shall be recovered by him or them on such process, there shall be an immediate discharge of such vessel : Provided, That nothing herein contained shall prevent any fisherman from having his action at common law, for his share or shares of fish, or the proceeds

thereof as aforesaid. Drawback on Sec. 6. And be it further enacted, That the drawback heretofore salted fish, &c. allowed on the exportation of foreign dried and pickled fish, and other repealed, and

foreign salted provisions, be and the same is hereby repealed. monies arising Sec. 7. And be it further enacted, That the monies which shall retherefrom ap main in consequence of the abolition of the allowance on the exportapropriated to pay allowances tion of the dried fish of the United States, and of the drawback on granted by this foreign dried and pickled fish, and other foreign salted provisions, be,

and the same are hereby appropriated to the payment of the allowances 1789, ch. 2. granted by this act, and in case the monies so appropriated shall be in

adequate, the deficiency shall be supplied out of any monies which from time to time shall be in the treasury of the United States, and not other

wise appropriated. Penalty on Sec. 8. And be it further enacted, That any person who shall declare swearing false falsely in any oath or affirmation required by this act, being duly conly.

victed thereof in any court of the United States, having jurisdiction of

such offence, shall suffer the same penalties as are provided for false 1.790; ch. 35, swearing, or affirming, by the act before mentioned, and to be in like

manner sued for, recovered and appropriated. Limitation, Sec. 9. And be it further enacted, That this act shall continue and

be in force for the term of seven years, and from thence to the end of 1800, ch. 22. the next session of Congress, and no longer.

APPROVED, February 16, 1792.

sec. 66.

STATUTE I.

Feb. 20, 1792. Chap. VII.-An Act to establish the Post-Office and Post Roads wilhin the Uniled

States. [Obsolete.] Establishment Section 1. Be it enacted by the Senate and House of Representapost roads after tives of the United States of America, in Congress assembled, That

from and after the first day of June next, the following roads be estab1794, ch. 23.

lished as post roads, namely: From Wisscassett in the district of Maine, to Savannah in Georgia, by the following route, to wit: Portland, Portsmouth, Newburyport, Ipswich, Salem, Boston, Worcester, Springfield, Hartford, Middletown, New Haven, Stratford, Fairfield, Norwalk, Stamford, New York, Newark, Elizabethtown, Woodbridge, Brunswick, Princeton, Trenton, Bristol, Philadelphia, Chester, Wilmington, Elkton, Charlestown, Havre de Grace, Hartford, Baltimore, Bladensburg, Georgetown, Alexandria, Colchester, Dumfries, Fredericksburg, Bowling Green, Hanover Court House, Richmond, Petersburg, Halifax, Tarborough, Smithfield, Fayetteville, Newbridge over Drowning creek, Cheraw Court House, Camden, Statesburg, Columbia, Cambridge and Augusta ; and from thence to Savannah, and from Augusta by Washington in Wilkes county to Greenborough, and from thence by the great falls of Ogechee and Georgetown, to Augusta, and from Statesburg to Charleston, and from Charleston to Georgetown, from Charleston to Savannah, and from Savannah, by Newport bridge to Sunbury; and also from Portsmouth by Exeter and Concord, to Hanover in New Hampshire; and from Salem to Marblehead, and from Salem to Gloucester; and from Boston, by Providence, Newport, and New London, to New Haven, and from Boston, through Taunton, to New Bedford; and from Taunton, through Warren and Bristol, to Newport, and from Boston, by Plymouth, to Barnstable; and from Springfield in the state of Massachusetts, to Kinderhook in the

next.

state of New York, and from Springfield, by Northampton, Brattleborough, Establishment and Charlestown, by Windsor in Vermont, to Hanover, and from Hartford,

of post roads

after 1st June by Middletown, to New London; also from Hartford to Norwich, and Providence; and from Providence to Worcester, and from Philadelphia, by Lancaster, Yorktown, Carlisle, Shippensburg, Chambersburg, Bedford, and Greensburg, to Pittsburg; and from Philadelphia to Bethlehem; from Bethlehem, by Reading and Harrisburg, to Carlisle, and from Bethlehem, by Easton, Sussex Court House, Goshen, Ward's Bridge, and Kingston, to Rhinebeck; from Philadelphia, by Salem, to Bridgetown; and from Wilmington, by Warwick, Georgetown, Cross Roads, Chestertown, Chester Mills, and Easton, to Vienna; and from Vienna, by Salisbury, to Snow Hill; also from Wilmington, by Newcastle, Cantwell's Bridge and Duck Creek, to Dover; and from thence by Milford, Dagsborough, Snow Hill, and Northampton Court House, to Norfolk in Virginia; and from Baltimore to Annapolis, Upper Marlborough, Piscatawa, Port Tobacco, Allen's Fresh, Newport, and Chaptico, to Leonardtown; and from Richmond, by Williamsburg, Yorktown and Hampton, to Norfolk; and from Fredericksburg, by Port Royal and Tappahanock, to Urbanna; and from thence, crossing Rappahanock, and proceeding by Northumberland Court House, to Kinsale on the river Yeocomico, thence by Westmoreland Court House, through Leedstown, to Fredericksburg; and from Petersburg, by Cabin Point, Smithfield, and Suffolk, to Portsmouth, and from Suffolk, to Edenton, and by Plymouth to Washington; and from Washington to Newbern, and thence to Wilmington; and from Fayetteville, by Elizabethtown, to Wilmington; and from Halifax, by Warrington, Hillsborough, Salem, to Salisbury; from Halifax, by Bluntsville, Williamston, Daileys to Plymouth; and from Edenton, by Hertford, Nixonton, Sawyer's Ferry, in Camden county, to Indiantown, in Currituck county; and from New York, by Albany, Bennington, Manchester and Rutland, to Burlington, on Lake Champlain; and from Albany, by Schenectady, to Connajorharrie; from New York to Hartford, through Whiteplains, North Castle, Salem, Poundridge, Ridgefield, Danbury, Newtown, New Milford, Litchfield, Harrington and Farmington; from Newark or Elizabethtown, by Morristown, to Sussex Court House; from Woodbridge to Amboy; from Alexandria, by Salisbury, Leesburg, Shepherdstown, Martinsburg, Winchester, Stevensburg, Strasburg, Woodstock, and Rockingham Court House, to Staunton; and from Richmond, by Columbia, Charlottesville, Staunton, Lexington, Fincastle, Montgomery Court House, Wythe Court House, Abingdon, and Hawkins Court House, in the territory South of the river Ohio, to Danville in Kentucky; and from Baltimore, by Fredericktown and Sharpsburg, to Hagarstown; and from thence to Chambersburg: Provided, That the route, by which the mails are at present conveyed, shall in no case be altered, without the consent of the contractors, till the contracts made by the Postmaster General shall be determined.

Sec. 2. And be it further enacted, That it shall and may be lawful P. M. Gen for the Postmaster General to enter into contracts, for a term not exceed- may enter into ing eight years, for extending the line of posts, and to authorize the carrying mail person or persons, so contracting, to receive, during the continuance not to exceed of such contract, according to the rates by this act established, all the eight years, postage which shall arise on letters, newspapers and packets, conveyed by any such post; and the roads, therein designated, shall, during the continuance of such contract, be deemed and considered as post roads, within the terms and provisions of this act: Provided, That no such contract shall be made, to the diminution of the revenue of the general post-office, and that a duplicate of every such contract, under hand and seal, shall, within sixty days after the execution thereof, be lodged in the office of the comptroller of the treasury of the United States. Vol. 1.-30

U2

General post

Sec. 3. And be it further enacted, That there shall be established, office at seat of

at the seat of the government of the United States, a general post-office. government.

And there shall be one Postmaster General, who shall have authority to appoint an assistant, and deputy postmasters, at all places where such shall be found necessary. And he shall provide for carrying the mail of the United States, by stage carriages or horses, as he may judge most expedient; and as often as he, having regard to the productiveness thereof, as well as other circumstances, shall think proper, and defray the expense thereof, with all other expenses arising on the collection and management of the revenue of the post-office. He shall also have power to prescribe such regulations to the deputy postmasters, and others employed under him, as may be found necessary, and to superintend the business of the department, in all the duties that are, or may be assigned to it, and also to direct the route or road, where there are more than one, between the places above established, which route or road shall

be considered as the post road. P. M. Gen. to Sec. 4. And be it further enacted, That the Postmaster General shall, settle accounts once in three months, obtain from his deputies, the accounts and vouchquarterly,

ers of their receipts and expenditures, and the balances due thereon, and 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, and shall pay, quarterly, into the

treasury of the United States, the balance in his hands. And the Postand, with per. master General, and his assistant, the deputy postmasters, and such as song employed they may employ in their offices, shall, respectively, before they enter by him,

upon the duties, or be entitled to receive the emoluments of their offices, and the contractors for carrying the mail, and their agents or servants, to whom the mail shall be entrusted, before they commence the execution of said trust, shall, respectively, take and subscribe before some justice of the peace, the following oath or affirmation, and cause a certi

ficate thereof to be filed in the office of the Postmaster General; “ I do to take oath, swear (or affirm as the case may be) that I will faithfully perform all the

duties required of me, and abstain from every thing forbidden by the law in relation to the establishment of post-offices and post-roads within

the United States." Penalty on ob. Sec. 5. And be it further enacted, That if any person shall obstruct' structing the mail and negli

or retard the passage of the mail, or of any horse or carriage carrying gence of ferry. the same, he shall, upon conviction for every such offence, pay a fine

not exceeding one hundred dollars. And if any ferryman shall, by wilful negligence, or refusal to transport the mail across any ferry, delay the same, he shall forfeit, and pay, for each half hour that the

same shall be so delayed, a sum not exceeding ten dollars. Postmaster Sec. 6. And be it further enacted, That it shall be the duty of the General to give Postmaster General, to give public notice in one or more of the newsto making con. papers published at the seat of government of the United States, and in tract for con. one or more of the newspapers published in the state or states where the veying the mail, contract is tở be performed, for at least six weeks before the entering

into any contract for the conveyance of the mail that such contract is intended to be made, and the day on which it shall be concluded; describing the places, from and to which such mail is to be conveyed; the time at which it is to be made up; the day and hour, at which it is

to be delivered; and the penalty or penalties for non-performance of the lodge the con- stipulations. He shall, moreover, within thirty days after the making tract in the comptroller's

of any contract, lodge the same, together with the proposals which he office.

shall have received respecting the same, in the office of the comptroller

of the treasury of the United States. Dep. P. M. to

Sec. 7. And be it further enacted, That every deputy postmaster shall keep an office.

keep an office in which one or more persons shall attend at such hours as the Postmaster General shall direct, for the purpose of performing the

men.

..

June 1792.

duties thereof. And all letters brought to any post-office, half an hour before the time of making up the mail at such office, shall be forwarded therein.

Sec. 8. And be it further enacted, That from and after the passing Allowance to of this act, the Postmaster General shall be allowed, for his services, at P. M. G. and the rate of two thousand dollars per annum, his assistant, at the rate of one thousand dollars per annum, to be paid, quarterly, out of the revenues of the post-office: and no fees or perquisites shall be received by either of them, on account of the duties to be performed in virtue of their appointments.

Sec. 9. And be it further enacted, That from and after the first day Rates of postof June next, the deputy postmaster and persons authorized by the Post- age from 1st master General, shall demand and receive, for the postage and conveyance of letters and packets, except such as are herein after excepted, according to the several rates and sums following: For the postage of every single letter, to or from any place by land not exceeding thirty miles, six cents; over thirty miles, and not exceeding sixty, eight cents; over sixty miles, and not exceeding one hundred, ten cents; over one hundred miles, and not exceeding one hundred and fifty, twelve cents and a half; over one hundred and fifty miles, and not exceeding two hundred, fifteen cents; over two hundred miles, and not exceeding two hundred and fifty, seventeen cents; over two hundred and fifty miles, and not exceeding three hundred and fifty, twenty cents; over three hundred and fifty miles, and not exceeding four hundred and fifty, twenty-two cents; and to or from any place by land, more than four hundred and fifty miles, twenty-five cents; and every double letter shall pay double the said rates; every triple letter, triple; every packet weigliing one ounce avoirdupois, to pay, at the rate of four single letters for each ounce, and in that proportion, for any greater weight.

Sec. 10. And be it further enacted, That all letters and packets, Rates of let. passing by sea to and from the United States, or from one port to an

ters and packets

passing by sea. other therein, in packet boats or vessels, the property of, or provided by the United States, shall be rated and charged, as follows: For every single letter, eight cents; for every double letter, sixteen cents; for every triple letter or packet, twenty-four cents; for every letter or packet brought into the United States, or carried from one port therein to another by sea, in any private ship or vessel, four cents, if delivered at the place where the same shall arrive; and if directed to be delivered at any other place, with the addition of the like postage, as other letters are made subject to the payment of by this act.

Sec. 11. And be it further enacted, That if any deputy postmaster, or Penalty on deother person authorized by the Postmaster General, to receive the post

manding or re

ceiving beyond ages of letters, shall fraudulently demand or receive any rate of postage, stipulated postor any gratuity or reward, other than is provided by this act for the age. postage of letters or packets on conviction thereof, he shall forfeit for every such offence, one hundred dollars, and shall be rendered incapable of holding any office under the United States.

Sec. 12. And be it further enacted, That no ship or vessel, arriving Duty of mas. at any port within the United States, where a post-office is established, ters of vessels shall be permitted to report, make entry or break bulk, till the master

previous to

making report, or commander shall have delivered to the postmaster, all letters directed &c. to any person or persons within the United States, which, under his care or within his power, shall be brought in such ship or vessel, other than such as are directed to the owner or consignee: but when a vessel shall be bound to another port, than that, at which she may enter, the letters belonging to, or to be delivered at the said port of delivery, shall not be delivered to the postmaster at the port of entry. And it shall be the duty of the collector or other officer of the port, empowered to receive entries of ships or vessels, to require from every master or commander

&c.

act.

account with P.

of such ship or vessel, an oath or affirmation, purporting that he has

delivered all such letters, except as aforesaid. Duty of P. M. Sec. 13. And be it further enacted, That the postmasters to whom on receipt of such letters may be delivered, shall pay to the master, commander, or Letters from for other person delivering the same, except the commanders of foreign

packets, two cents for every such letter or packet; and shall obtain from the person delivering the same, a certificate specifying the number of letters and packets, with the name of the ship or vessel, and the place from whence she last sailed; which certificate, together with a receipt for the money, shall be with his half-yearly accounts, transmitted to the Postmaster General, who shall credit the amount thereof to the post

master forwarding the same. Fenalty on Sec. 14. And be it further enacted, That if any person, other than persons offend. the Postmaster General, or his deputies, or persons by them employed, ing against this

shall take up, receive, order, dispatch, convey, carry or deliver any letter or letters, packet or packets, other than newspapers, for hire or reward, or shall be concerned in setting up any foot or horse post, wagon or other carriage, by or in which any letter or packet shall be carried for hire, on any established post-road, or any packet, or other vessel or boat, or any conveyance whatever, whereby the revenue of the general post-office may be injured, every person, so offending, shall forfeit, for every such offence, the sum of two hundred dollars. Provided, That it shall and may be lawful for every person to send letters or packets by

special messenger: Deputies to Sec. 15. And be it further enacted, That the deputy postmasters or

agents of the Postmaster General, shall duly account and answer to him, M.Go for bye for all bye or way-letters, and shall specify the number and rates in the

post bill. And if any deputy postmaster or agent shall neglect so to Penalty on account, he or they so offending, shall, on conviction thereof, forfeit, for neglecting,

every such offence, a sum not exceeding one hundred dollars. detaining, de. Sec. 16. And be it further enacted, That if any person, employed in laying, or se- any of the departments of the general post-office, shall unlawfully creting letters, detain, delay, or open, any letter, packet, bag or mail of letters, with

which he shall be entrusted, or which shall have come to his possession, and which are intended to be conveyed by post : Or if any such person shall secrete, embezzle or destroy any letter or packet, entrusted to him, as aforesaid, and which shall not contain any security for, or assurance relating to money, as herein after described, every such offender, being thereof duly convicted, shall, for every such offence, be fined not exceeding three hundred dollars, or imprisoned not exceeding six months, or both, according to the circumstances and aggravations of the offence. And if any person employed as aforesaid, shall secrete, embezzle or destroy, any letter, packet, bag, or mail of letters, with which he shall be entrusted, or which shall have come to his possession, and are intended to be conveyed by post, containing any bank note, or bank post bill, bill of exchange, warrant of the treasury of the United States, note of assignment of stock in the funds, letters of attorney for receiving annuities or dividends, or for selling stock in the funds, or for receiving the interest thereof, or any letter of credit, or note for, or relating to the payment of money, or other bond or warrant, draft, bill, or promissory note whatsoever, for the payment of money; or if any such person, employed as aforesaid, shall steal or take any of the same out of any letter, packet, bag or mail of letters, that shall come to his possession, he shall, on conviction for any such offence, suffer death. And if any person, who shall have taken charge of the mail of the United States, shall quit or desert the same, before his arrival at the next post-office, every such person, so offending, shall forfeit and pay a sum, not exceeding five hundred dollars, every such offence. And if any person, concerned in carrying the mail of the United States, shall collect,

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