The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1843-11-27

! same vigilance and impartiaty in the execution o
the laws, so far and 80 long they may he entrusted
to my hands, will be observed.
sgne a with re cnakyT YES oSd W ;fEi1
| ATTORNEY GENERALS OFFICE,
18th November, l843.
| To the President
| Sin | have carefully examined and considered the
circular issued by the Postmaster General under
date of the lst September, lS43, addressed to the
Contractors for the transportation Of the Mail, and
the acts of Congress to which reference is therein
made and am OF opinion, upon the questions submit.
ted to me
First--That under the laws of the United States it
is not competent for any stage other vehicle which
regularly performs trips on post road on a road
parallel to such post road to convey letters nor does
such authority exist to warrant such conveyance to
be made by any packet boat or other vessel which
regularly plies a water declared TO be post road
with the exception of letters that relate to the cargo
or some part thereof, transported by such packet or
other vessel.
Second-That it is not competent to any person or
persons, other than the Postmaster General, or his
authorized agents. to set up any foot or horse post
for the conveyance OF any letters or packets upon
any post road established by law.
Third-That the term packets" used 10 the acts
OF Congress- and IN the last foregoing proposition, in
cludcs newspapers, for the conveyance Of which,
therefore, no loot or horse post can be legally en-
poyed, except by the Postmaster General and his
agents, upon any post road established by law and
Fou,A-That contractors employed in the trans
portation Of the mall have authority to carry any
newspapers, magazines, and pamphlets other than in
the mall except by the authority Of the Postmaster
General, and in pursuance OF a contract made fol
that purpose.
! The FIRST propositions have stated SUBSTANTIALLY in
the terms of the 18th section Of the act Of the Sd
March, 1926, entitled San act to reduce into one the
several acts establishing and regulating the Pos, Of
ice Department"
The Second is sustained bv the clear and uneo,ijyo
cal language Of the Sd section of the act of the ID OF
March, 1927 entitled IAN act amendatory of the act
regulating the Post Office Department"
TIE third ahirms, that the term packets - u-cd in
the act last referred 10, includes newspapers and
tins viii be rendered apparent apart from the mean
ing of the term, by collation. OF the provisions the
act Of 1927 with those OF pre- exisng laws upon the
same subject, but which not IN force.
The l4lh section Of the act Of the Doth February
1872 enacis that If any person other than the Post
master General, his deputies, or persons by them
employed shall take up, receive order despatch,
convey carry or deliver any letter letters pnckei
or packages, other than ntrpopers for hire reward
or shall be concerned in setting any foot horse
post, wagon, or other carriage, by or in which any
etter or packet shall be carried Tor hire, any
tablished post road, any packet other vessel or
boat or any conveyance whatever, whereby the
nue. of the General Post Office may be injured, any
person so offending shalt forfeit, for every such Of
fence, the sum OF two hundred dollars"
The same provision substantially Is found in the
14th section of the act Of the 9Th Nav, 1874 which
prohibited the establishment upon private authority
of "any foot or horse post, stage-wagon, other
stage-carriage, on any established post-road any
packet boat, other vessel to ply regularly between
one place and another, between which a regular
communication by water should be established by
Ifptfed State and the hx of
letter OF packet other ha,' newspapers, magazines or
pamphlets"
The act of the ID March, 1890, contains the same
prohibition reeDacted by its 10Th section, 10 almost
the same terms, aud excepting from the operation OF
the prohibtory clause to letters or packets "aecs-
papers, magazines or pamphlets
50 also by the 10th sec ION Of the act Of the 3Uth
April 1870 the like prohibition is imposed upon the
establishment Of private foot horse posts &C. for
the conveyance upon the routes designated Of letters
or packets "other than newspapers, magazines, or
pamphlets"
As the law stood therefore, when the act Of the Sd
OF March, 1926, was passed. II is quito clear, that
whilst emo private foot or horse post, Stage, wagon
other stage, carriage or sleigh, on any established
post road, or from one post town to another post
town, any rUa adjacent or parallel TO an es-
iabIished ros road, or any packet boat other YES
sci, TO ply regularly from one place TO another be-
tween which regular communication should have
been established by the United States" for the con-
veyance Of hHeis could have been set up, "nenpa-
mrs magazines or pamphlets" might in vIrtu. of the
exception IN the laws referred to- have been con-
veyed; and "a the act Of 1926 made no provision |
whatever upon the subject of private posts, and re-
pealed all pre-exlstng laws "for the establishment
and regulation Of the general post Office" the right
10 establish such private posts then existed without
restriction.
The act Of 1927 however, revived the prohibition [
to which have referred without the exception OF
@ newspapers, magazines, or pamphlets contained
in previous laws extending MS restrictive operation
to all foot or horse posts for the conveyance Of let
tiers or packets (sll packets upon any post road,
which is or may be- established by law" The l9lh /
section OF the act of 1925 had inhibited the convey
ance Of letters by stages other vehicles, by
packets or other vessels under private authority and
the additional enactment Of 1897 extends tho nhi-
bition to foot and horse posts upon post roads and
embraced within its nterdic the conveyance of let
tcrs and packets emitting the exception Of ne,cs-
papers, mggdz ms, or pamphlets
The fourth proposition refers TO the restrictions i'm
posed on the contractors who forbidden to carry
newspapers magazines pamphlets, other than IN the
mail cxccpt BY the authority of the Postmaster Cen
eral aud in pursuance OF contracts made for that
purpose This is specially provided 10y the 30th
ton Of the act Of 1926, which, in this respect is but
a transcript of the 22d section of the act of 1872
the 22d section of the act Of 1894 and the 9th sec
ton of the act OF 1910.
The restraints and prohibitions to which have re-
forred arc qualified, however by the 10Th section Of
the act OF 1898, as they were by all the previous
laws by the sautary proviso Thni sAou be ia,c-
f,a for any 10 send letters by pec'oi Messenger
In thus briefly responding to the inquiries PROFOUND
ed by you, have cautiously abstained from the
preston of any opinion 10 the policy Of the enact
msns for the regulation Of the Post Ohes DspaTs.