The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1842-11-28


the Postmaster General for simply discharging
his duty as it is pointed out by the law of the
land
PosT OFFICE DEPARTMENT
November 18th, 1912.
Sir: Your official communication of the Goth Oc-
tober, advising me you shave observed, of late, that
various daily papers from the Northern cities espe-
cially Baltimore, received in bundles freight
in the Northern cars, bringing the Northern mail to
Richmond addressed to Mr. Bought, who has carriers
ready the arrival Of the cars to receive and dis
pose Of them by sale, through the Streets in every
part of the city, to the serious deriment Of the mail
service, and if allowed to continue, will withdraw
every subscriber 10 papers through the mail from
those cities, these papers being free of postage, and
delivered before the mail can be opened and assort-
ed ~ was received in due course of mail
You say you report these facts, in the hope that
will be enabled by means TO counteract sup
press this practice.
am fully aware of the evil, and have used all the
means in my power, save resort TO the penal sane
tons of the law of 1925, to arrest it.
In all contracts which have made with railroad
companies, l have inserted the following as one of
the conditions of the bond
"Also, that they will not convey any mail matter
out of the mail, nor knowingly convey any person
carrying the business of Transporting mail matter
without the consent Of the Department
The United States is bound by the Constitution
to establish post Offices and post roads and TO send
the mail to those point, where the necess ties and
business of the community require it to be sent
The means to meet the expense are to be raised by
the imposition of postage upon letters, pamphlets,
and newspapers sent.
The grant of this power to the United States is,
and must be, necessarily exclusive. Neither the
States individuals have right to transport let
tiers, papers, &C., for compensation along, over or
parallel to post rood.
To enable the Post Office Department to maintain
itself by its own earnings, Congress has fixed Ia
riff of letter and newspaper postage by the act oflS25
By that act 1t is also provided:
"That no stage, or other vehicle, which regularly
performs trips on a post road a road parallel
to it, shall convey letters shall any packet boat
or other vessel, which regularly plies on water de-
clared to be post road except such relate some
part of the cargo. For the violation of this provision
the of the carriage or other vehicle vessel
shall incur the penalty of fifty dollars. And the per-
who has charge of such carriage or other vehi-
Gle vessel, may be prosecuted undrr this section
and the property in his charge may be levied on and
Sold IN satisfaction of the penalty and costs Of suit
Provided, That it shall be lawful for any one to send
letters by special messenger"
The Sd section of the act Of 1927 reads as fol-
lows:
"That no person, other than the Postmaster Gene
ral his authorized agents, shall set up any foot
horse post for the conveyance Of letters and packets
upon any post road which is, or NAV be established
nv iaIy M wi hall off and
herein, shall incur penalty of not exceeding fifty
dollars for each letter packet carried"
Congress, looking to those portions Of the coun-
try where the subscribers to a newspaper could
be furnished with the same by the mail
carrier more conveniently than through the
post offices which might be located at a consider
BILE distance from their residence in the act of 1895
provided that
The Postmaster General, in any contract he may
enter into for the conveyance of the mail, may at-
thorize the person with HON such contract TO be
made, to carry newspapers magazines, and pam
phets other than thuse conveyed in the mail Proui
ded That preference shall be given to the publish
or of newspaper over that OF another :, the same
pla e."
Some of nv predecessors have, in cases contem-
plated by this clause, in making contracts where the
contractor makes it condition of his bid, in certain
portions of the Union, permitted the contractors TO
carry newspapers out Of the mail. have not myself
exercised this discretion for many reasons.
1t is discretion liable to be abused by the person
who exercises it. And the privilege is more liable TO
be abused by the person for whose benefit 1t is exercs
ed But mainly because have thought the head Of this
D, partment should not grant privilege which might /
De exercised by the ma-carrtr for the advantage Of
,ne newspaper editor to the injury of his neighbor