June 27, 1848.
1845, ch. 69.
Chap. LXXIX. — An Act to amend the Act to provide for the Transportation of the Mail between the
United States and foreign Countries, and for other Purposes .
The Postmaster-General to charge upon and collect from all letters, &c., carried in
foreign packets, the same rate of postage which the governments to which such foreign
packets belong impose upon letters, &c., carried in American packets.
Custom-house and other United States officers required to aid in carrying this provision
into effect.
Examination of packages authorized.
Be it enacted by the Senate and House of Representatives of the United States of America
in Congress assembled, That the Postmaster-General, under the direction of the President of the United States,
be, and he is hereby, authorized and empowered to charge upon, and collect from, all
letters and other mailable matter carried to or from any port of the United States,
in any foreign packet ship or other vessel, the same rate or rates of charge for American
postage which the government to which such foreign packet or other vessel belongs
imposes upon letters and other mailable matter conveyed to or from such foreign country
in American packets or other vessels, as the postage of such government, and at any
time to revoke the same. And it shall be the duty of all custom-house officers and
other United States agents, designated or appointed for that purpose, to enforce or
carry into effect the foregoing provision, and to aid or assist in the collection of such postage. And to that end it shall be lawful
for such officers and agents, on suspicion of fraud, to open and examine, in the presence
of two or more respectable persons, being citizens of the United States, any package or packages supposed to contain mailable matter, found on board such packets
or other vessels, or elsewhere, and to prevent, if necessary, such packets or other
vessels from entering, breaking bulk, or making clearance, until all such letters
or other mailable matter are duly delivered into the United States post-office.
All letters, &c., conveyed by any foreign packet or ship to or from any port of the
United States, to be subject to postage charge as aforesaid, except letters relating
to the vessels or cargoes, directed to the owners and consignees of said vessels.
Penalty for refusing or failing to comply with the provisions of this section.
Sec. 2. And be it further enacted, That all letters or other mailable matter conveyed to or from any port of the United
States, by any foreign packet or ship except such unsealed letters relating to said
ship or vessel, or any part of the cargo thereof, as may be directed to the owner
or owners, consignee or consignees, of said ship or other vessel, shall be so subject
to postage charge as aforesaid, whether addressed to any person in the United States
or elsewhere: Provided, It is done by the packet or other ship of a foreign country imposing postage on
letters or mailable matter conveyed to or from such country, by any packet or other
ship of the United States; and such letters or other mailable matter carried in foreign
packet ships or other vessels, except such unsealed letters relating to the ship or
vessel, or any part of the cargo thereof, as may be directed to the owner or owners,
consignee or consignees, as aforesaid, are hereby required to be delivered into the
United States post-office by the master or commanders of all such packets or other
vessels when arriving, and to be taken from a United States post-office when departing,
and the postage paid thereon justly chargeable by this act; and for refusing or failing to do so, or for conveying said letters, or any letters
intended to be conveyed in any ship or vessel of such foreign country, over or across
the United States, or any portion thereof, the party offending shall, on conviction,
forfeit and pay not exceeding five thousand dollars for such offence.
Penalty on contractors who shall refuse to deliver up, at the appraised value, the
steam-ships employed by them in carrying said mails.
1845, ch. 69.
Sec. 3. And be it further enacted, That in case the person or persons, or the directors of any incorporated company,
who have entered into any contract, or who may hereafter enter into any contract,
with the Postmaster-General, for conveying the mail of the United States to any foreign
country, in pursuance of the act entitled "An Act to provide for the transportation
of the mail between the United States and foreign countries, and for other purposes,"
approved the third day of March, eighteen hundred and forty-five, or of any other
act, in which said contract there is a stipulation, on the part of such contractor, giving
to the United States the right to purchase, at an appraised value, the steam-ship
or ships required by such contract to be employed in
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conveying the mail, shall decline to sell and deliver to the United States such ship
or ships, or shall refuse to name and appoint appraisers to value the same, agreeably
to the provisions of said act, or the same having been appraised and valued, shall
refuse to convey and deliver said ship or ships to the United States, on the payment,
or tender of payment, by the United States, of the sum at which the said ship or ships
may have been appraised and valued, such person or persons so offending shall forfeit
a sum not exceeding one hundred thousand dollars, to be recovered in any proper action,
for the use of the treasury of the United States; and in case of refusal or inability
to pay the same, shall be liable to be imprisoned not exceeding one year, at the discretion
of the court rendering judgment for such penalty.
Postmaster-General may impose fines on contractors for unreasonable or unnecessary
delay, &c.
Proviso.
Sec. 4. And be it further enacted, That to secure the regular transmission of the mail to and from foreign countries,
the Postmaster-General be, and he is hereby, authorized and required to impose fines
on contractors, for any unreasonable or unnecessary delay in the departure of such
mails, or in the performance of the trip: Provided, That the fine for any one default shall not exceed one half of the contract price
paid for the trip.
Contracts for foreign mail service not to be assignable.
Proviso.
Sec. 5. And be it further enacted, That it shall not be lawful for any contractor for transporting the mail to any foreign
country to assign or transfer his contracts; and all such assignments or transfers
shall be null and void: Provided, That assignments and transfers which have been made and accepted by the Postmaster-General
or the Secretary of the Navy before the passage of this act, shall not be affected
by this section.
Approved, June 27, 1848.
Printed Document, 2 page(s), Public Acts, 30th Cong., 1st sess., George Minot, Statutes at Large 9, 241-42