DECOY LETTERS.
Those who may have perused the preceding pages of this work, will
require no further comment on the nature and utility of decoy letters.
But as some persons are met with who, without much reflection, condemn
their use under all circumstances, it may be well to offer a few
remarks in defence of this practice.
It is very clear that decoy letters can never injure honest men. These
missives trouble no one who does not unlawfully meddle with them, and
it can hardly be claimed that they offer any greater temptations to
the dishonestly inclined than any other class of money-letters. It is
of course impossible for any one to distinguish between a decoy letter
and a genuine one, and he who faithfully discharges his duties in
reference to other letters, will never find out by his own personal
experience, that there are such things as decoys.
It should not be forgotten that these devices are employed for the
public good, and that the security of a vast amount of property, as
well as the removal of unjust suspicion, often depends upon the
detection of some delinquent post-office employé. In such a case, it
would surely be foolishly fastidious to object to the adoption of a
method of effecting the desired end, which accurately distinguishes
between the innocent and the guilty, and which does injustice to no
one.
In the defence of criminals tried in the United States Courts, for
mail robbery, whose detection has been effected by means of decoy
letters, especially in cases where there seems to be no other ground
of defence, it is frequently insisted on very eloquently, that as the
law of Congress on this subject provides against the embezzlement of
letters "intended to be conveyed by post," no offence is committed by
the purloining of decoys, inasmuch as this class of epistles are not
_bonâ fide_ letters, and are not intended to be conveyed in the mail,
within the true intent and meaning of the statute.
This position has been overthrown, however, as often as it has been
assumed, and it is believed that the decisions on this point, of all
the United States Judges before whom the question has been raised,
have been uniform throughout the country.
In a recent important trial in the city of New York, before his Honor
JUDGE BETTS, the decoy system received a severe hetchelling from the
learned counsel for the prisoner, and after the evidence had been laid
before the jury, the Court was asked to dismiss the case and the
culprit, on the ground that the offence provided against in the
twenty-first section of the Act of 1825, had not been committed.
But his Honor took a very different view of the matter, as will appear
by the following extract from his decision:--
Judge Betts remarked to the jury that the facts upon which the
indictment is found being uncontroverted, the question of the
prisoner's guilt depends solely upon points of law.
When facts are ascertained, it is the province of the Court to
determine whether they come within the provisions of the law
sought to be applied to them; and, although in criminal cases the
jury gives a general answer, covering both the law and fact, to
the inquiry whether the accused is guilty or not guilty, it is not
to be supposed they will, in a case resting wholly upon a question
of law, render a verdict in opposition to the instructions of the
Court. The defence of the accused assumes that the twenty-first
section above recited, in order to a conviction under it, demands
affirmative proof from the prosecution that the letters were
_intended to be conveyed by post_, according to their address: And
it is urged that such proof not being made, but on the contrary,
the evidence being that the writer of the letters did not intend
they should be so delivered, but meant to take them out of the
mail himself, to prevent their delivery, if they were not
embezzled in the office in this city, the acts done by the accused
are no offence under the statute.
I think that construction of the statute cannot be maintained in
respect to letters actually in the mail, and especially in this
case, where the letters had been conveyed by post and came into
this office by the mail from other offices.
It is a presumption of law, and not a matter of proof, that
letters so circumstanced, were intended to be conveyed by post.
The question of intention is no longer referable to the private
purpose of the writer, whatever might be the fact when letters are
given to persons employed in the Post-Office Department, out of
the office, for the purpose of being put into it or conveyed by
mail.
When, however, a letter already in the mail is purloined, (1
McLean R. 504; 2 Id. 434,) or is embezzled by a carrier on the
route, (1 Curtis R. 367,) it is, in judgment of law, intended to
be conveyed by post, within the meaning of the statute, and the
private purpose and intention of the person who put it in the
mail, is in no way material, and need not be proved.
Nor indeed, if the accused can prove, or it is made to appear upon
the evidence of the prosecution, that the letter was placed in the
mail or came into a post-office, prepared and intended as a decoy,
and was not intrusted to the mail in the way of bonâ fide
correspondence, is the criminality of taking it thereby absolved:
even if the evidence advances another stage, and shows that the
decoy was aimed at and intended for the particular person caught
by it, (_The United States_ v. _Laurence_, 2 McLean R. 441; _The
United States_ v. _Foye_, 1 Curtis R. 307-8.)
These decisions enforce the manifest policy of the statute. The
post-office establishment, and the enactments maintaining the
security of its action and the fidelity of persons employed in it,
compose a great national measure, and the laws governing and
protecting it are to be construed so as to subserve the public
good, and not with a view to what might be a reasonable rule in
transactions between individuals. But I apprehend that even in
individual transactions, the agents of a bank, a merchant's clerk,
or a domestic servant could not protect themselves against a
criminal or civil charge of appropriating the effects of their
employers, by proof that the property had been placed within their
reach by its owner, in distrust of their honesty, and for the
purpose of testing it.
The method adopted by the Department to detect offenders under
this law, does not appear to me objectionable in the point of view
pressed by the counsel for the accused. No further temptation or
facility to the commission of the offence is thereby placed before
such offenders than must necessarily be presented in the daily
business of their trusts. These packages were in every respect the
same in appearance, and with only the same indications of
enclosing money, as ordinary letters by which remittances are
made. And it seems to me when it comes to be understood by persons
handling such packages in the mail or destined for it, that a
watchful eye may be following each package from office to office,
and noticing everything done to it, that the apprehension of such
supervision may act almost with the force of a religious
consciousness of accountability, in awing wicked purposes and
preventing criminal actions.
I am persuaded that letters would rarely be intercepted in their
transmission by post, if every person concerned in mailing or
carrying them, could be impressed with the idea that each package
enclosing valuables, may be but a bait seeking to detect whoever
may be dishonest enough to molest it, and to become a swift
witness for his conviction and punishment.
The jury convicted the prisoner, and on the 29th day of December,
1854, he was sentenced to ten years' imprisonment.
SUPPLEMENTARY CHAPTER.
PRACTICAL INFORMATION.
The design of the author, in the preparation of the present volume,
would be but imperfectly answered, were he to fail to communicate that
practical information which it is very desirable that the public at
large should possess, both for their own sake and that of those
connected with the mail service. For, an accurate knowledge of the
requirements of the law upon leading points, would obviate much of the
disappointment and unpleasant feeling to which mistaken views on the
subject give rise. There are popular errors on many matters connected
with post-office regulations which are every day causing trouble and
vexation, and which can only be corrected by presenting the facts as
they are.
This information is not accessible to the public in general; at least,
it is out of the way, and is not kept before the people. The
Department publishes, at irregular intervals, an edition of its laws
and regulations for the use of post masters, each of whom is supplied
with a copy; and this, with the exception of the ordinary newspaper
record of the laws as they are passed, is the only source of
information upon this subject open to people in general. The detail of
regulations established by the Department, seldom finds its way into
the papers, and correspondents are left to acquire their knowledge
respecting it by (sometimes sad) experience.
It is the intention of the author to supply these deficiencies in part
at least, avoiding, however, all laws and regulations likely to be
changed by legislation, or the constructions put upon them by the
chief officers appointed from time to time to administer those laws.
Post masters being already provided with the official instructions
pertaining to their duties, a repetition here is deemed unnecessary
farther than a knowledge of the laws and regulations may be essential
to the public.
For the items of information presented below, the author relies in
part on the suggestions of his own experience, but they are mainly
compiled from the established regulations of the Post-Office
Department, and such of the decisions of its chief officers as are
likely to remain permanently in force:--
* * * * *
MISSING LETTERS, ETC.
That the loss or delay of letters, valuable or otherwise, is often
caused by the dishonesty or carelessness of those to whose custody
they are committed, must be acknowledged. Still, in a large
proportion of such cases, the cause is to be found in some one or
a combination of those curious omissions and mistakes to which all
correspondents--but more especially men deeply involved in
business pursuits--are so liable. The records of the Dead Letter
Office, if consulted, would present a list of delinquents in this
particular, embracing the names of hundreds of individuals and
firms, ranking as the most exact and systematic persons in the
community.
A similar examination of the official reports of the Special
Agents and post masters, would further show to what an extent such
losses are attributable to a want of fidelity and proper care on
the part of persons employed to convey letters to and from the
post-office. Suggestions as to the remedies are hardly called for.
So far as relates to misdirections, as they are most apt to occur
with persons and mercantile houses of extensive correspondence, an
excellent precaution may be found, in requiring the post-office
messenger, after the letters have been prepared for the mail, to
enter in a book kept for that purpose, the full outside address of
each letter, with the date of mailing. In case any one of them is
incorrectly addressed, and fails to reach its intended
destination, a reference to the book of superscriptions will show
where the missing document was sent, and lead to its immediate
recovery. If correctly addressed, that fact would appear, and
materially aid in an official investigation. This, together with
the adoption of a greater degree of care than is at present
exercised, in the selection of persons to act as private letter
carriers, would greatly reduce the number of losses, mishaps, and
complaints in connection with the mails. Where it is possible, but
one person should be sent to the post-office.
The name of the writer or firm, written or printed on the letter,
is an advantage in case of miscarriage.
When a valuable letter is missing from any cause, the fact should
be at once reported to the post master, in writing, with full
particulars, and a search made by the complainants, of the pockets
of any spare over-coats about the premises.
Where letters are delivered by a public letter carrier, or penny
post, a locked box or some other safe place of deposit for the
letters thus left, should be provided. A neglect of this
precaution, is the cause of many annoyances and losses.
The address of letters intended for delivery in cities, should
include, if possible, the occupation, street and number of the
party addressed.
When a letter is, by mistake or owing to a duplicate name,
delivered to the wrong person, it should be immediately returned
to the post-office with a verbal explanation, and not be dropped
into the letter box. If inadvertently opened by the party taking
it from the office, the fact should be endorsed on the back of the
letter, with the name of the opener.
Experience has shown that locked letter boxes or drawers opening
on the outside, especially in cities and large towns, are unsafe,
as depositories of letters, especially those containing articles
of value.
No letters should be given to Route Agents upon the cars or
steamboats, except such as cannot be written before the closing of
the mail at the post-office. Under no circumstances can Route
Agents receive letters that are not pre-paid _by stamps_.
When there are good grounds for believing that letters are opened
and read from motives of curiosity, complaint should be made in
writing to the Chief Clerk of the Post-Office Department,
Washington. A secret plan for the certain detection of _prying_
delinquents has recently been devised.
Two or more letters directed to different persons, cannot be sent
by mail in one envelope or packet, without subjecting the sender
to a fine of ten dollars. This does not apply to any letter or
packet directed to a foreign country.
Costly and delicate articles of jewelry or other valuables, should
not be placed in a letter, as they are liable to serious injury in
the process of stamping.
It is a violation of law to enclose a letter or other thing
(except bills and receipts for subscription,) or to make any
memorandum in writing, or to print any word or communication,
after its publication, upon any newspaper, pamphlet, magazine, or
other printed matter. The person addressed must pay letter
postage, or the sender be fined five dollars.
If a letter is deposited in a post-office, and the enclosure
accidentally omitted, or it becomes necessary to alter or add to
the contents, it is much better to _write another letter_, than to
trouble those in the office to look for the original one. In large
places, especially, a successful search for it, even immediately
after its deposit, would consume much valuable time, and such a
request is altogether unreasonable, when the remedy suggested is
so simple and cheap.
On calling or sending for a letter known to have been advertised,
the fact should always be stated, otherwise only the _current_
letters are examined.
Although it is strictly the duty of post masters and other agents
of the Department, to correct or report such errors in the mail
service as may come to their knowledge, it is, nevertheless,
desirable that any private citizen should inform the Department of
continued neglect or carelessness in the execution of mail
contracts or mismanagement in a post-office.
Legal provision has been made by Congress, by which letters may be
sent _out_ of the mail in cases of emergency. By the use of the
Government envelope, _with the stamp printed thereon_, and
constituting a part thereof, letters may be so sent, provided the
envelope is duly sealed, directed, and addressed, and the date or
receipt or transmission of such letter written or stamped thereon.
The use of such envelope more than once, subjects the offender to
a fine of fifty dollars.
A letter or ordinary envelope with a postage stamp _put on_ by the
writer, _cannot_ go out of the mail (except by private hand,) for
the reason that the law confines the matter entirely to the
envelopes furnished by the Department. Were the privilege extended
to the other kind of stamps, there being no way to cancel them,
by their re-use, extensive frauds upon the revenue would be the
result.
A singular notion seems long to have prevailed that it is no
violation of law to send an _unsealed_ letter outside of the mail.
This makes no difference whatever. Even if the paper written upon
is not folded, it is a letter.
Where bundles of newspapers are sent in the mail to "clubs,"
without the names of the subscribers upon the papers, the post
master is under no official obligation to address them. Still the
Department enjoins a spirit of courtesy and accommodation towards
publishers and the public, in all such matters.
A person receiving a letter from the post-office by mistake, or
finding one in the street or elsewhere, can under no pretence
designedly break the seal without subjecting himself to a severe
penalty.
A printed business card or the name of the sender, placed upon the
outside of a circular, subjects it to double postage; and for any
writing, except the address, letter postage is charged.
The following are among the established rules and regulations of the
Department founded upon existing statutes of Congress:--
Only the dead letters containing enclosures of value, are required
by law to be preserved and returned to their owners; but if the
writer of a letter not containing an enclosure of value desires to
have his letter preserved, it will be done if he pre-pay the
letter and mark the words "to be preserved," in large characters,
on the sealed side. Upon the return of his letter he will be
required to pay the postage from Washington.
The masters of steamboats under contract with the Department, will
deliver into the post-offices (or to the route or local agent of
the Department, if there be any,) at the places at which they
arrive, all letters received by them, or by any person employed on
their boats, at any point along the route.
Masters or managers of all other steamboats, are required by law,
under a penalty of thirty dollars, to deliver all letters brought
by them, or within their care or power, addressed to, or destined
for, the places at which they arrive, to the post masters at such
places: _except letters relating to some part of the cargo_ and
left unsealed. All letters not addressed to persons to whom the
cargo, or any part of it, is consigned, are therefore to be
delivered into the post-office, to be charged-with postage.
Every master of a vessel from a foreign port is bound, immediately
on his arrival at a port, and before he can report, make entry, or
break bulk, under a penalty not to exceed $100, to deliver into
the post-office all letters brought in his vessel, directed to any
person in the United States, or the Territories thereof, which are
under his care or within his power, except such letters as relate
to the cargo or some part thereof.
Stage coaches, railroad cars, steamboats, packetboats, and all
other vehicles or vessels performing regular trips at stated
periods, on a post route between two or more cities, towns, or
places, from one to the other, on which the United States mail is
regularly conveyed under the authority of the Post-Office
Department, are prohibited from transporting or conveying,
otherwise than in the mail, any letter, packet, or packets of
letters, (except those sealed and addressed and pre-paid by stamped
envelopes, of suitable denominations,) or other mailable matter
whatsoever, except such as may have relation to some part of the
cargo of such steamboat, packetboat, or other vessel, or to some
article at the same time conveyed by such stage, railroad car, or
some vehicle, and excepting also, newspapers, pamphlets,
magazines, and periodicals.
A newspaper, pamphlet, circular, or other printed sheet, if in a
wrapper, should be so folded and wrapped that its character can be
readily determined; and so that any prohibited writing, marks, or
signs upon it may easily be detected. If closely enveloped and
sealed it is chargeable with letter postage.
No post master or other privileged person can authorize his
assistant, clerk, or any other person to write his name for the
purpose of franking any letter, public or private.
The personal privilege of franking travels with the person
possessing it, and can be exercised in but one place at the same
time.
No post master or privileged person can leave his frank behind him
upon envelopes to cover his correspondence in his absence.
Money and other valuable things, sent in the mail, are at the risk
of the owner. But, if they be lost, the Department will make every
effort in its power to discover the cause, and, if there has been
a theft, to punish the offender.
Letters can be registered on the payment of the registry fee of
five cents for each letter.
Post masters, assistants, and clerks, regularly employed and
engaged in post-offices, and also post riders and drivers of mail
stages, are by law exempt from military duty and serving on
juries, and from any fine or penalty for neglect thereof.--_Act
of_ 1825, _sec._ 35; _Act of_ 1836, _sec._ 34.
A post master will suffer no person whatever, except his duly
sworn assistants, or clerks and letter carriers, who may also have
been sworn, to have access to the letters, newspapers, and packets
in his office, or whatever constitutes a part of the mail, or to
the mail locks or keys.
If no special order upon the subject has been made in regard to
his office, a post master is allowed seven minutes only to change
the mail.
If the mail be carried in a stage, coach, or sulky, it will be the
duty of the driver to deliver it as near the door of the
post-office as he can come with his vehicle, but not to leave his
horses, and he should not be permitted to throw the mail on the
ground.
Post masters will not suffer newspapers to be read in their
offices by persons to whom they are not addressed; nor to be lent
out in any case, without permission of the owners.
If newspapers are not taken out of the office by the person to
whom they are addressed, the post master will give immediate
notice to the publishers, and of the cause thereof if known.
Packets of every description, weighing more than four pounds, are
to be excluded, except public documents, printed by order of
either House of Congress, or such publications or books as have
been or may be published, procured, _or purchased_, by order of
either House of Congress, or joint resolution of the two Houses,
and legally franked.
Newspapers and periodicals to foreign countries (particularly to
the continent of Europe) must be sent in narrow bands, open at the
sides or end; otherwise they are chargeable there with letter
postage.
Drop and box letters, circulars, free packets containing printed
documents, speeches, or other printed matter, are not to be
advertised.
If newspapers are carried out of the mail for sale or
distribution, post masters are not bound to receive and deliver
them. Pamphlets and magazines for immediate distribution to
subscribers cannot be so carried without a violation of the law of
Congress.
The great mails are to be closed at all distributing offices not
more than one hour before the time fixed for their departure; and
all other mails at those offices, and all mails at all other
offices, not more than half an hour before that time, unless the
departure is between 9 o'clock, P. M., and 5, A. M., in which case
the mail is to be closed at 9, P. M.
Postage stamps and stamped envelopes, may be used in pre-payment
of postage on letters to foreign countries, in all cases where
such pre-payment can be made in money.
A letter bearing a stamp, cut or separated from a stamped
envelope, cannot be sent through the mail as a pre-paid letter.
Stamps so cut or separated from stamped envelopes lose their legal
value.
It is expected that a disposition to accommodate will prompt a
post master to search for and deliver a letter, on the application
of a person who cannot call during the usual office hours.
No person can hold the office of post master, who is not an actual
resident of the city or town wherein the post-office is situated,
or within the delivery of the office.--_Sec._ 36 _of Act of_ 1836.
Letter postage is to be charged on all hand-bills, circulars, or
other printed matter which shall contain any manuscript writing
whatever.
When the mail stops over night where there is a post-office, it
must be kept in the office.
Any person wishing a letter mailed direct, and not to be remailed
at a distributing office, can have his directions followed by
writing the words "mail direct" upon the letter.
The use of canvas bags of any kind, for any other purposes than
the conveyance of mail matter, subjects every person so offending,
to all the penalties provided in the 4th section of the Act of
1852. Contractors, mail carriers, and others in the service of the
Department, are by no means free from censure in this respect, and
increased vigilance in the detection of such practices, and the
prompt and indiscriminate punishment of the offenders, have
recently been enjoined by the Post Master General.
Some of the laws are often violated by persons not connected with the
post-office, and it is proper, therefore, that all classes should be
made acquainted with the penalties which attach to such offences. For
this reason the following extracts from the laws are here inserted:--
_Act of_ 1825.
SEC. 9. _And be it further enacted_, That if any person shall,
knowingly and wilfully, obstruct or retard the passage of the
mail, or of any driver or carrier, or of any horse or carriage,
carrying 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 every ten minutes that the same shall be so delayed, a sum not
exceeding ten dollars.
SEC. 21. _And be it further enacted_, That if any person employed
in any of the departments of the post-office establishment, shall
unlawfully detain, delay, or open any letter, packet, bag, or mail
of letters, with which he shall be intrusted, 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 intrusted to such person as aforesaid, and
which shall not contain any security for, or assurance relating to
money, as hereinafter 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
aggravation 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 or she shall be intrusted,
or which shall have come to his or her 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, payment of moneys,
or any bond, or warrant, draft, bill, or promissory note,
covenant, contract, or agreement whatsoever, for, or relating to,
the payment of money, or the delivery of any article of value, or
the performance of any act, matter, or thing, or any receipt,
release, acquittance, or discharge of, or from, any debt,
covenant, or demand, or any part thereof, or any copy of any
record of any judgment or decree in any court of law, or chancery,
or any execution which may have issued thereon, or any copy of any
other record, or any other article of value, or any writing
representing the same; 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 or
her possession, such person shall, on conviction for any such
offence, be imprisoned not less than ten years, nor exceeding
twenty-one years; and if any person who shall have taken charge of
the mails of the United States, shall quit or desert the same
before such person delivers it into the post-office kept at the
termination of the route, or some known mail carrier, or agent of
the General Post-Office, authorized to receive the same, every
such person, so offending, shall forfeit and pay a sum not
exceeding five hundred dollars for every such offence; and if any
person concerned in carrying the mail of the United States, shall
collect, receive, or carry any letter, or packet, or shall cause
or procure the same to be done, contrary to this act, every such
offender shall forfeit and pay, for every such offence, a sum not
exceeding fifty dollars.
SEC. 22. _And be it further enacted_, That if any person shall rob
any carrier of the mail of the United States, or other person
intrusted therewith, of such mail, or of part thereof, such
offender or offenders shall, on conviction, be imprisoned not less
than five years, nor exceeding ten years; and, if convicted a
second time of a like offence, he or they shall suffer death; or,
if, in effecting such robbery of the mail, the first time, the
offender shall wound the person having custody thereof, or put his
life in jeopardy, by the use of dangerous weapons, such offender
or offenders shall suffer death. And if any person shall attempt
to rob the mail of the United States, by assaulting the person
having custody thereof, shooting at him or his horse or mule, or
threatening him with dangerous weapons, and the robbery is not
effected, every such offender, on conviction thereof, shall be
punished by imprisonment, not less than two years nor exceeding
ten years. And, if any person shall steal the mail, or shall steal
or take from, or out of, any mail, or from, or out of any
post-office, any letter or packet; or, if any person shall take
the mail, or any letter or packet therefrom, or from any
post-office, whether with or without the consent of the person
having custody thereof, and shall open, embezzle, or destroy any
such mail, letter, or packet, the same containing any article of
value, or evidence of any debt, due, demand, right, or claim, or
any release, receipt, acquittance, or discharge, or any other
article, paper, or thing, mentioned and described in the
twenty-first section of this act; or, if any person shall, by
fraud or deception, obtain from any person having custody thereof,
any mail, letter, or packet, containing any article of value, or
evidence thereof, or either of the writings referred to, or next
above-mentioned, such offender or offenders, on conviction
thereof, shall be imprisoned, not less than two, nor exceeding ten
years. And, if any person shall take any letter or packet, not
containing any article of value, nor evidence thereof, out of a
post-office, or shall open any letter, or packet, which shall have
been in a post-office, or in custody of a mail carrier, before it
shall have been delivered to the person to whom it is directed,
with a design to obstruct the correspondence, to pry into
another's business or secrets; or shall secrete, embezzle, or
destroy any such mail, letter, or packet, such offender, upon
conviction, shall pay, for every such offence, a sum not
exceeding five hundred dollars, and be imprisoned not exceeding
twelve months.
SEC. 23. _And be it further enacted_, That if any person shall
rip, cut, tear, burn, or otherwise injure, any valise,
portmanteau, or other bag, used, or designed to be used, by any
person acting under the authority of the Post Master General, or
any person in whom his powers are vested, in a conveyance of any
mail, letter, packet, or newspaper, or pamphlet, or shall draw or
break, any staple, or loosen any part of any lock, chain, or
strap, attached to, or belonging to any such valise, portmanteau,
or bag, with an intent to rob, or steal any mail, letter, packet,
newspaper, or pamphlet, or to render either of the same insecure,
every such offender, upon conviction, shall, for every such
offence, pay a sum not less than one hundred dollars, nor
exceeding five hundred dollars, or be imprisoned not less than one
year, nor exceeding three years, at the discretion of the court
before whom such conviction is had.
SEC. 24. _And be it further enacted_, That every person, who, from
and after the passage of this act, shall procure, and advise, or
assist, in the doing or perpetration of any of the acts or crimes
by this act forbidden, shall be subject to the same penalties and
punishments as the persons are subject to, who shall actually do
or perpetrate any of the said acts or crimes, according to the
provisions of this act.
SEC. 45. _And be it further enacted_, That if any person shall
buy, receive, or conceal, or aid in buying, receiving, or
concealing, any article mentioned in the twenty-first section of
this act, knowing the same to have been stolen or embezzled from
the mail of the United States, or out of any post-office, or from
any person having the custody of the said mail, or the letters
sent or to be sent therein; or if any person shall be accessory
after the fact to any robbery of the carrier of the mail of the
United States, or other person intrusted therewith, of such mail,
or of part thereof, every person, so offending, shall, on
conviction thereof, pay a fine not exceeding two thousand dollars,
and be imprisoned and confined to hard labor for any time not
exceeding ten years. And such person or persons, so offending, may
be tried and convicted without the principal offender being first
tried, provided such principal offender has fled from justice, or
cannot be found to be put on his trial.
_Act of_ 1836.
SEC. 38. _And be it further enacted_, That if any person shall be
accessory after the fact, to the offence of stealing or taking the
mail of the United States, or of stealing or taking any letter or
packet, or enclosure in any letter or packet sent or to be sent
in the mail of the United States, from any post-office in the
United States, or from the mail of the United States, by any
person or persons whatever, every person so offending as
accessory, shall, on conviction thereof, pay a fine not exceeding
one thousand dollars, and be imprisoned for a term not exceeding
five years; and such accessory after the fact may be tried,
convicted, and punished in the district in which his offence was
committed, though the principal offence may have been committed in
another district, and before the trial of the principal offender:
_Provided,_ such principal offender has fled from justice, or
cannot be arrested to be put upon his trial.
_SEC._ 28, _Act of_ 1825.
* * * And if any person shall counterfeit the hand-writing or frank
of any person, or cause the same to be done, in order to avoid the
payment of postage, each person, so offending, shall pay, for
every such offence, five hundred dollars.
_SEC._ 5, _Act of_ 1845.
_And be it further enacted_, That if any person or persons shall
forge or counterfeit, or shall utter or use knowingly, any
counterfeit stamp of the Post-Office Department of the United
States issued by authority of this act or by any other act of
Congress, within the United States, or the post-office stamp of
any foreign Government, he shall be adjudged guilty of felony,
and, on conviction thereof in any court having jurisdiction of the
same, shall undergo a confinement at hard labor for any length of
time not less than two years, nor more than ten, at the discretion
of the court.
_SEC._ 11, _Act of_ 1847.
* * * And any person who shall falsely and fraudulently make,
utter, or forge any postage stamp with the intent to defraud the
Post-Office Department, shall be deemed guilty of felony, and on
conviction shall be subject to the same punishment as is provided
in the twenty-first section of the act approved the third day of
March, eighteen hundred and twenty-five, entitled "An act to
reduce into one the several acts establishing and regulating the
Post-Office Department."
_Act of_ 1851.
SEC. 3. * * * And any person who shall forge or counterfeit any
postage stamp provided or furnished under the provisions of this
or any former act, whether the same are impressed or printed on
or attached to envelopes or not, or any die, plate, or engraving
therefore, or shall make or print, or knowingly use or sell, or
have in his possession with intent to use or sell, any such false,
forged, or counterfeited die, plate, engraving, or postage stamp,
or who shall make or print, or authorize or procure to be made or
printed, any postage stamps of the kind provided and furnished by
the Post Master General as aforesaid, without the especial
authority and direction of the Post-Office Department, or who,
after such postage stamps have been printed, shall, with intent to
defraud the revenues of the Post-Office Department, deliver any
postage stamps to any person or persons other than such as shall
be authorized to receive the same, by an instrument of writing
duly executed under the hand of the Post Master General, and the
seal of the Post-Office Department, shall, on conviction thereof,
be deemed guilty of felony, and be punished by a fine not
exceeding five hundred dollars, or by imprisonment not exceeding
five years, or by both such fine and imprisonment.
SEC. 4. * * * And if any person shall use or attempt to use in
pre-payment of postage, any postage stamp which shall have been
before used for like purposes, such person shall be subject to a
penalty of fifty dollars for every such offence, to be recovered
in the name of the United States, in any court of competent
jurisdiction.
_SEC._ 30, _Act of_ 1825.
* * * If any person employed in any department of the post-office,
shall improperly detain, delay, embezzle, or destroy, any
newspaper, or shall permit any other person to do the like, or
shall open, or permit any other to open, any mail, or packet, of
newspapers, not directed to the office where he is employed, such
offender shall, on conviction thereof, forfeit a sum not exceeding
fifty dollars, for every such offence. And if any person shall
open any mail or packet of newspapers, or shall embezzle or
destroy the same, not being directed to such person, or not being
authorized to receive or open the same, such offender shall, on
conviction thereof, pay a sum not exceeding twenty dollars for
every such offence. And if any person shall take, or steal, any
packet, bag, or mail of newspapers, from, or out of any
post-office, or from any person having custody thereof, such
person shall, on conviction, be imprisoned, not exceeding three
months, for every such offence, to be kept at hard labor during
the period of such imprisonment. If any person shall enclose or
conceal a letter, or other thing, or any memorandum in writing, in
a newspaper, pamphlet, or magazine, or in any package of
newspapers, pamphlets, or magazines, or make any writing or
memorandum thereon, which he shall have delivered into any
post-office, or to any person for that purpose, in order that the
same may be carried by post, free of letter postage, he shall
forfeit the sum of five dollars for every such offence.
_Act of_ 1845.
SEC. 9. _And be it further enacted_, That it shall not be lawful
for any person or persons to establish any private express or
expresses for the conveyance, nor in any manner to cause to be
conveyed, or provide for the conveyance or transportation, by
regular trips, or at stated periods or intervals, from one city,
town, or other place, to any other city, town, or place, in the
United States, between and from and to which cities, towns, or
other places, the United States mail is regularly transported,
under the authority of the Post-Office Department, of any letters,
packets, or packages of letters, or other matter properly
transmittable in the United States mail, except newspapers,
pamphlets, magazines, and periodicals; and each and every person
offending against this provision, or aiding and assisting therein,
or acting as such private express, shall, for each time any letter
or letters, packet or packages, or other matter properly
transmittable by mail, except newspapers, pamphlets, magazines,
and periodicals, shall or may be, by him, her, or them, or through
his, her, or their means or instrumentality, in whole or in part,
conveyed or transported contrary to the true intent, spirit, and
meaning of this section, forfeit and pay the sum of one hundred
and fifty dollars.
SEC. 10. _And be it further enacted_, That it shall not be lawful
for any stage coach, railroad car, steamboat, packetboat, or other
vehicle or vessel, nor any of the owners, managers, servants, or
crews of either, which regularly perform trips at stated periods
on a post route, or between two or more cities, towns, or other
places, from one to the other of which the United States mail is
regularly conveyed under the authority of the Post-Office
Department, to transport or convey, otherwise than in the mail,
any letter or letters, packet or packages of letters, or other
mailable matter whatsoever, except such as may have relation to
some part of the cargo of such steamboat, packetboat, or other
vessel, or to some article at the same time conveyed by the same
stage coach, railroad car, or other vehicle, and excepting also,
newspapers, pamphlets, magazines, and periodicals; and for every
such offence, the owner or owners of the stage coach, railroad
car, steamboat, packetboat, or other vehicle or vessel, shall
forfeit and pay the sum of one hundred dollars; and the driver,
captain, conductor, or person having charge of any such stage
coach, railroad car, steamboat, packetboat, or other vehicle or
vessel, at the time of the commission of any such offence, and who
shall not at that time be the owner thereof, in whole or in part,
shall, in like manner, forfeit and pay, in every such case of
offence, the sum of fifty dollars.
SEC. 11. _And be it further enacted_, That the owner or owners of
every stage coach, railroad car, steamboat, or other vehicle or
vessel, which shall, with the knowledge of any owner or owners, in
whole or in part, or with the knowledge or connivance of the
driver, conductor, captain, or other person having charge of any
such stage coach, railroad car, steamboat, or other vessel or
vehicle, convey or transport any person or persons acting or
employed as a private express for the conveyance of letters,
packets, or packages of letters, or other mailable matter, and
actually in possession of such mailable matter, for the purpose of
transportation, contrary to the spirit, true intent, and meaning
of the preceding sections of this law, shall be subject to the
like fines and penalties as are hereinbefore provided and directed
in the case of persons acting as such private expresses, and of
persons employing the same; but nothing in this act contained
shall be construed to prohibit the conveyance or transmission of
letters, packets, or packages, or other matter, to any part of the
United States, by private hands, no compensation being tendered or
received therefore in any way, or by a special messenger employed
only for the single particular occasion.
SEC. 12. _And be it further enacted_, That all persons whatsoever
who shall, after the passage of this act, transmit by any private
express, or other means by this act declared to be unlawful, any
letter or letters, package or packages, or other mailable matter,
excepting newspapers, pamphlets, magazines, and periodicals, or
who shall place or cause to be deposited at any appointed place,
for the purpose of being transported by such unlawful means, any
matter or thing properly transmittable by mail, excepting
newspapers, pamphlets, magazines, and periodicals, or who shall
deliver any such matter, excepting newspapers, pamphlets,
magazines, and periodicals, for transmission to any agent or
agents of such unlawful expresses, shall, for each and every
offence, forfeit and pay the sum of fifty dollars.
[The 8th section of the Act of August 31, 1852, provides that
letters enclosed in "Government Envelopes," so called, having the
stamp _printed_ thereon, may be conveyed _out of the mail.
Provided_, That the said envelope shall be duly sealed, or
otherwise firmly and securely closed, so that such letter cannot
be taken therefrom without tearing or destroying such envelope;
and the same duly directed and addressed, and the date of such
letter, or the receipt or transmission thereof, to be written or
stamped, or otherwise appear on such envelope.]
* * * "And if any person shall use, or attempt to use, for the
conveyance of any letter, or other mailable matter or thing, over
any post-road of the United States, either by mail or otherwise,
any such stamped letter envelope which has been before used for a
like purpose, such person shall be liable to a penalty of fifty
dollars, to be recovered, in the name of the United States, in any
court having competent jurisdiction."--_Sec._ 8, _Act of_ 1853.
[Newspapers for subscribers may go in or out of the mail; but
pamphlets, magazines, &c., if intended to supply regular
subscribers, must go in the mail.--_Act of_ 1847.]
_Act of_ 1847.
SEC. 2. _And be it further enacted_, That all moneys taken from
the mails of the United States by robbery, theft, or otherwise,
which have come or may hereafter come into the possession or
custody of any of the agents of the Post-Office Department, or any
other officers of the United States, or any other person or
persons whatever, shall be paid to the order of the Post Master
General, to be kept by him as other moneys of the Post-Office
Department, to and for the use and benefit of the rightful owner,
to be paid whenever satisfactory proof thereof shall be made; and
upon the failure of any person in the employment of the United
States to pay over such moneys when demanded, the person so
refusing shall be subject to the penalties prescribed by law
against defaulting officers.
SEC. 13. _And be it further enacted_, That it shall not be lawful
to deposit in any post-office, to be conveyed in the mail, two or
more letters directed to different persons enclosed in the same
envelope or packet; and every person so offending shall forfeit
the sum of ten dollars, to be recovered by action _qui tam_, one
half for the use of the informer, and the other half for the use
of the Post-Office Department: _Provided_, That this prohibition
shall not apply to any letter or packet directed to any foreign
country.
_Act of_ 1852.
SEC. 3. _And be it further enacted_, That if any person shall
steal, purloin, embezzle, or obtain by any false pretence, or
shall aid or assist in stealing, purloining, embezzling, or
obtaining by any false pretence, or shall knowingly and unlawfully
make, forge, or counterfeit, or cause to be unlawfully made,
forged, or counterfeited, or knowingly aid or assist in falsely
and unlawfully making, forging, or counterfeiting any key suited
to any lock which has been or shall be adopted for use by the
Post-Office Department of the United States, and which shall be in
use on any of the mails or mail bags of the said Post-Office
Department, or shall have in his possession any such mail key or
any such mail lock, with the intent unlawfully or improperly to
use, sell, or otherwise dispose of the same, or cause the same to
be unlawfully or improperly used, sold or otherwise disposed of,
or who being employed in the manufacture of the locks or keys for
the use of the said Post-Office Department, whether as contractor
or otherwise, shall deliver or cause to be delivered any finished
or unfinished key or lock used or designed by the said Post-Office
Department, or the interior part of any such mail lock, to any
person not duly authorized under the hand of the Post Master
General of the United States and the seal of the said Post-Office
Department to receive the same, (unless such person so receiving
the same shall be the contractor for furnishing such locks and
keys, or engaged in the manufacture thereof in the manner
authorized by the contract, or the agent for such manufacturer,)
such person so offending shall be deemed guilty of felony, and, on
conviction thereof, shall be imprisoned for a period not exceeding
ten years.
SEC. 4. _And be it further enacted_, That if any person shall
steal, purloin or embezzle any mail bags in use by or belonging to
the Post-Office Department of the United States, or any other
property in use by or belonging to the said Post-Office
Department, or shall, for any lucre, gain, or convenience,
appropriate any such property to his own, or any other than its
proper use, or for any lucre or gain shall convey away any such
property to the hindrance or detriment of the public service of
the United States, the person so offending, his counsellors,
aiders, and abettors, (knowing of and privy to any offence
aforesaid,) shall, on conviction thereof, if the value of such
property shall exceed twenty-five dollars, be deemed guilty of
felony, and shall be imprisoned for a period not exceeding three
years; or if the value of such property shall be less than
twenty-five dollars, shall be imprisoned not more than one year,
or be fined not less than ten dollars, nor more than two hundred
dollars, for every such offence.
_Act of_ 1855.
SEC. 2. _And be it further enacted_, That it shall not be lawful
for any post master or other person to sell any postage stamp or
stamped envelope for any larger sum than that indicated upon the
face of such postage stamp or for a larger sum than that charged
therefore by the Post-Office Department; and any person who shall
violate this provision shall be deemed guilty of a misdemeanor,
and, on conviction thereof, shall be fined in any sum not less
than ten nor more than five hundred dollars. This act to take
effect and be in force from and after the commencement of the next
fiscal quarter after its passage. _Provided_, That nothing herein
contained shall be so construed as to alter the laws in relation
to the franking privilege.
SEC. 3. _And be it further enacted_, That for the greater security
of valuable letters posted for transmission in the mails of the
United States, the Post Master General be and hereby is authorized
to establish a uniform plan for the registration of such letters
on application of parties posting the same, and to require the
pre-payment of the postage, as well as a registration fee of five
cents on every such letter or packet to be accounted for by post
masters receiving the same in such manner as the Post Master
General shall direct: _Provided however_, That such registration
shall not be compulsory; and it shall not render the Post-Office
Department or its revenue liable for the loss of such letters or
packets or the contents thereof.
[Illustration]
IMPROVED LETTER CASE.
The delivery of letters can be greatly facilitated by means of a
very simple improvement in the letter case for the "general
delivery," which has already been adopted to some extent, with the
most satisfactory results.
In the early history of post-offices, the old-fashioned letter
case divided off in alphabetical order, or by vowels, answered a
tolerable purpose, and so it would now in very small offices,--but
as population increased, and fifty or more letters had to be
overhauled before the applicant could receive an answer, some
relief both for post masters and the public became absolutely
indispensable, and various trifling changes and improvements were
adopted--but none of them were found to be "up to the times," till
the introduction of the labor and time saving invention called the
"Square of the Alphabet." It is believed to have been originally
planned and adopted in the post-office at Providence, R. I. Since
then, the dimensions of the case and the arrangement of the boxes
have been varied to suit the amount of business in the
comparatively small number of offices that have introduced it. But
the size and plan exhibited in the prefixed diagram, is believed
to be the most convenient and simple, and well suited to places
varying in population, from five thousand to fifty thousand.
The practical advantage is, that by the division of the letters
when placed in the pigeon holes, at least four applications can be
correctly answered, where one can be under the old plan of
crowding a large number of letters together. And where this
improved case occupies a position opposite the "general delivery"
window, many individuals soon learn the location of the box where
their letters should be, and in case it is empty, inquiry becomes
unnecessary.
The rows of letters of the alphabet running horizontally, from
left to right, represent the surname, and are several times
repeated for convenience, and as an aid to the eye in tracing
given initials; while the perpendicular rows of letters stand for
the Christian name, and are used doubly, to reduce the size of the
case. Where it is necessary, however, the Christian initials can
also be placed singly, by enlarging the case, or making it in two
sections, using only half of the alphabet for each, placing the
two sections in an angular form, or backing one against the other,
and putting the entire frame on an upright shaft turning upon a
pivot at top and bottom, near the general delivery, so as to admit
of turning the case, as the locality of the initials inquired for
may require.
The plan for example works thus:--John Jones calls for a letter.
The person in attendance glances at the J. on the horizontal line,
and then runs the eye to the range of the J. on the perpendicular
line, and that is the box in which Jones' letter ought to be. One
for Isaac Jones would be in the same place, in a case constructed
after the above arrangement.
Its dimensions are as follows:--
Size of the entire case, 5 feet 1-1/4 inches, by 4 feet 2-1/2
inches.
Size of pigeon holes or letter boxes, 3-3/4 by 2-1/4 inches.
Thickness of outside of case and lettered shelves, 3/4 of an inch.
Intermediate shelves, 1/4 inch thick.
Upright partitions of boxes, 1/8 inch thick--partitions cut out
concave in front.
The legs or supports of the case should be about 2 feet in length,
and "white wood" is considered the best material for the entire
case.
Paint can be used for the lettering, or letters printed upon
paper, and pasted on separately, will answer the purpose.
THE END.
Transcriber's Note:
* Obvious punctuation and spelling errors repaired.
* Several compound words had dual spellings: They were changed
for consistency's sake to the hyphenated form as follows:
handwriting =====> hand-writing (p. 69, 73, 182, 372)
hadbills =====> hnd-bills (p. 262)
ladylike =====> lady-like (p. 150, 158)
missent =====> mis-sent (p. 208, 375)
overcoat =====> over-coat (pp. 37, 38, 39,85, 89,
332, 354, 415, 437)
postmark =====> post-mark (p. 336, 358)
prepaid =====> pre-paid (pp. 100, 105, 404, 419,
425, 440)
prepayment =====> pre-payment (p. 425, 447)
reelected =====> re-elected (pp. xii, xiii)
roommate =====> room-mate (p. 233, 251)
selectmen =====> select-men (p. 302, 322)
stagecoach =====> stage-coach (p. 219, 237)
unduped =====> un-duped (p. xxii)
* Other changes:
Depôt (appears six times) and depot (9 times) were left as
they were.
cheerfu changed to cheerful (p. 141)
therefor changed to therefore (p. 425)
End of Project Gutenberg's Ten Years Among the Mail Bags, by James Holbrook