Telegraph and Texas Register (Houston, Tex.), Vol. 5, No. 34, Ed. 1, Wednesday, June 10, 1840 Page: 1 of 4
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in advance.
BY GRUGER & MOORE-
,
PUBLISHED CRU.GER &iMOQRE-
jU'(;5''o'-"-iTw' "flS"1 P" square forthe first insertion,
audbnt Boflarforeadicontluance eiglff- lines or less is
cbusitlered'a square. Marriageand Obituafy.notices of more
than Circc'Iincs each- Cards of Passengers and Annocncements
of Caadidates4bfpplitiial offices, will be charged at the com-
mon rales gCdavertblns; .. - . ji,n
33-Alt: advertisements .to he paid for in advance; and when
r.o"thcrwise-ofaeredill iavariably be pubjished until forbid,
aadchaTMlifokccbrfeglyl .'All.letters on business must be,
post-paid or'tLpy-wilLiiJbf.Deattetided to. - .n.
r .,l.m,-i,c - ti. fiiitid Stales. Ehwjrd Hall. 'New Or-
leanst 1-3. KELioobAPoopeUers, Mobile-.BoTp & Sotdamj
-:l!..- -nir-'tTi.4- &' Hnrnv; Washington; 1. !
5IsSSS.)yrW. Sm. Montgomery; Judge
Usher, Tesata; JR6wE,;San Agustme; u. u. --"-ham,
BjuotopV Gen,f Do'coOi,', ogdochesr Joseph.H. BiR;
kaud, Rich4.'prid;:DWDATBESj, Centre W.Iih.
fcEwl',snlii'6nnry.; $75. P. Smith, Rutiersvller T-M. Cunr-
jiERTioK, ,i'. iirMoqni neasauu
" -i-"i' .anaCT-
To amend, and to 'reduce ihto.one, "the several laws regu-
lating the Post Office. Department,
Sec- i Be it lhacted bylhc. Senate arid"Monse.of
Rtim4ativurome,Republic of Texas Jn Congress a,.
uOe Tfc it there shalbbe, and.there is herebyenacted
and established a General Post-.Office, to .be, under, the
charge-ani direction of a Post.Master:,Genen; to be.
:-si i, kJPrpsidfiriL'subiectto thoaDbrovalprre-.
,;i.-i-i-ie5to;ii'o .n'Sishn Rhalf-hoiJ hlJMLfficOfor.the 1
"Twor-"..-!
bo approved Dyifineyrresiaem,! in;a-5uni'iuui--icoafvuQii
twenty-ftvetnousana. aoiiais, payaoieiouit-ieaiupm-";
this 'Republic, ir ,his successor m 'office," conditioned for
the faithful-performance ;of the dutiespf said office. -The
Po3t-afasti-nerarshaU have power, to appoint the ne-
cessary assisiSnitSf and clerks for doing the business of.his
office.- KKall. establish .Post Offices, and; appoint Post-
Masters 3tiich places as.ie may deemxpedient, on post
roads that rr- may-be, "established by Jaw He shall
give m;tructiaasio thePosl-Masters, and all;qther persons
hsha!! f-mi.inv'.or who mav, beerooloved in any of.tho"
denartmttria-ofthe General. Post. .Office; relatrve to .their.
duties. -He stall. provide fo'r the.carrymg the mail on all
Ttaal.Toadsthat are, or maybeestablishedby lawasaforc-
id. m often as he mav" think propefcvfhaying regard.to
the proiuctivtness thereof. He shall: be required to pro-
K . aa f -'-.1 "M 11lt.-
cure.awl'furaislvbags for-carryjng: me maa oyeraiiiuc
various rouW in the Republic, with locks for the same;
and aiIHcien"t:number:ofikeys, so as to furnish one key
for eycrv po, office.' Hb;shall. obtain from the several
Pssfilalfcrs their accounts and vouchers for the receipts
anifljcneiidiiurcsofthelrseTeral offices once in every three
months, tfrofteuer.ifjie think propnr.shewingthe balance
therein, iu favar oor against the General Post Office.
FIr sTia'll nai' all 'necessanr-expenses incident to the Gen-
eralTcffitOfficftia'coasequenceof mails, collection of the
revenuc,.&ud Jathe sfcneral rnanagement thereof from
the-mcocie.of the Geaerdl Post Office Department, if the.
TwplnL tteeof lie "sufficient He, shall in his annual
coraTnWcitwn to.the Executive of this. Republic,, report
-ana
ex-
nAnjr thercoi..wno .snail, suomil tuts same. iu W"K"o..'!'
order thatThey.-may provide the ways andneans. for sup
ptvilisuch deficiency., Hehall render-.an account cur-rrnt-'tft'the:
Secretarv.bf the Treasury oncerin every, three
months: ofall the receipts and fixpendituresin said, Depart-
rpnt, W beauditedandsettled asajl other public accounts
at-the.same Jime.stating generally tne conainon oi iub
Pcpartmeri'tj suggesting .iiich improvements;, as in his
opiriioti raay be'nseful'and necessary: an shall render
his' first quarterly account on "the first; Monday of April
fcztt-zZla UiffrosecutB7rcBSto-bo.-prouteldiJlU
oifpnrps ajrainsYthe General Post '.Office.establisnment.
HesTiall have general supenntendenceof the, business' of
saidi Department,, in all tne. auties. mar are, or may oe
asstgnedioJt "provided, thatinxase of theileath.resigna-tiori.ir-Temoval.from
office of the. Post Master-General,
all'tho duties of the, Depaftraentshall be:performedby his
assistant chief clerk, until a successor shall be.appointed
tdltakecharire' of the, General Post'Office.
Sec. -2. && further. enacted. That the Post-Masler-Generitt,TUid:assistant
clerks,-and p6st-masters,jand other
pejsaBsemplqyesi'.Tn and about the Department, oc in the
caifCjtcustodyj rir conveyance of the maihv.shall, previous-
ly; entsiing-upon the respoctive duties .assigned them,
takeand'-sabscribc the" following oath, oraffirmation'inad-
ditibn. iho.oaths Tequired'byall.ofiicers of the.Govern-
tnenLiefbrerisomeiDerson leeallv" authorized to administer
hx oath; TbTa 'M wH faithfully perform all the duties re-
dnireU of sao, ?indabstam from.every thing forbidden by
'ie law's in relation to the establBhing, the General Post
' Office" and Pest roads!"
r SwtwSjVBetii further enaefei. That.the Post-Master-r
Saencratmay provide by-contract forlhe' conveyance av
other kagejearriage shall be established; all contracts for
' rarrvitin-UieniaiL whether :bn horseback or -.otherwise.
1 shall be for'anv term not. exceeding two years.-andat-all
times Bubjecito' such alteration, as to.time pf'.departureji
hemay iBink'proper, subject, hiwever,- to)an.'increase-or
dintinutfoajon the amount to be paid.onsaid- contract to
the contractor; in ratio of mcrease.or'diminution of service
tequireiL' "
Sec. 4. Beit further enacted,. That hshall.be laxyful
for the Post-Master-.General at.pleasure to revoke any
contrail which may bavejjeea.rhade or. .carrying: the
mails bn -anyjof the .routes estabirshed, or.'to.be established
by Congress"011 'n that .event the.contractor or contrac-
tors shall be;entitled to and receive from' the Ppst-Master-General,inthe
settlement of his brtheir.account such
compensation1 as in , his opinion may be.just andequitable;
nroiTHftd-ishallin no case exceed the pay of one.mpnth
under hi3orjthe"ir contract, and provided, also, lhat such
reyocatioa'shairnot. haveioj been annulled for failures
""" "Opotf tfie- partjot inecqrltTgcti?TeT cnni'nfftoirytj"i.ultrj.l
with the stipulations of b"is';ortheircontract, for violating
the Post Office law,or disobeying the instructions of the
Post QffieTDenartmeht
Seo. 5s.tBe-.it. 'further enacted. That in all cases of
faslqres'toperfqr'm' the trips stipulated in the differentcon-
tracts for -carrvinir the mail over the different routes in
this Republic, the contractor or, contractors so failing,
shall (orfeit-and nav treble.the amount, which would.have
beendua such contractor or contractors under their'con-
tractsfar the transportation of the same, and the Post-Mas--ter-Geocral
is hereby required to retain the amount ofall
uch'forfeitures put of any dues to such contractor or con-
Jraclcrs; of to suefor the same on the bonds given by such
'contractor.gr. contractors in any court having' cognizance
of-thc. same, unless satisfactory proof be made that such
failure resulted from some unavoidablecirrumstance:
Sec: 6. Be it further enacted, That no other than" a
citizeqpfthis Republic shall be employed in the carrying
ihe mail on any of the post roads, either as contractor,
carrier; rider, or driver; any and every violation of this
;act shall s'ibject the contractor for each offrnce to forfeit
nnl nhv the sum of one hundred dollars, one ra.icty "there
of to the use of this Republic, and the other moiety to the
Use of the person vho shall sue for.and prosecute the same
heforfiTinv.court havincr competent itirisdiction thereof:
that iY shall be the duty of every ferryman, or keeper of
a ferrv On anv water coursp, to pass over, free of charges.
the driver or carrier of the mail, and any horso or carriage
carrvfrtg the same.-
Sic '7. Be it further enacted, That if any person
shall knowingly andwilfully obstruct or retard the pas-sagr-of
the mail, or ol any "driver, or carrier, or any hors1:
or carnage tarrying the same, he shall, upon conviction
fhf-rwCfor evty such bffnnce. pay n fine not exceedintr
on" bWilwi' d.-)!!ars, aril! ifsin",-- f.'irvmnn ""'ol' W '',fi
neglcctj o' refusal to transport th niatl a' ross o r,y ' rry
oil r riH-nntxinhdexnendtturesoPthe Llepartment,
an'deGciTOcythndsecessaforthe.current
ttfflaatwaSf'.
Published Twice a W-vkltti
m.z.
HQUST
hinder, or delay the same, he shall forfeit and pay for eve-
ry "ten minutes a sum not exceeding ten dollars.
Sec.. 8. Be i'tfurUere7iacted,ThtitahM be.the.du-
typf every Post-Master-General, to give public notice in
one-ormore; ol-the newspapers of-Texas for-at least-fourr
weeks before entering inlo'any contract-for carrying the
mail, that.such contract is intended to be closed on the day
and at such place as he may designate,-that'seaied. propo-
sals will be received for contracts : the.notices shall desig-
nate places from, and to which.such mail'is to be carried,
and the davs and hours on which it is to leave and be de
livered. He shall, moreover, within thirty days after the
makingv6 any contract, lodge the' duplicate "thereof, to-
gether ;w'ith a copy, of the proposalswhich he shall have
received jespecting'itj'in the'.Department of the Secretary
of State,-and no contract shall be entered into for a longer
time than two years".
Sec. "9. Be iffur'ther enacled, That every Pdst-Mas-ter'shallkeep
an office inwhich one or more persons shall
nttend'oh-.every da'-on which a.'mail, or bag; or'other-
packet.'or; parcel pfJetters shall;arrlve by land'or water,
as well aVon'suchl other days and hours as the Post-Mas
ter-General shallfdirect, for the purpose. of performing
theduties of his office, a'nd'.it shall be the duty' of all Post-
Masters at all reasonable hours on every day of theweelt.
to, deliver on'demand any letter, paper, or packet to any
person entitled to,, or authorized to receive the same; ana
"all -letters"brought,to any office one-half hour before -the
making .up th'eliuail-.at s'uch, office,-.-shall be forwarded
therejn.T
-SecS.1
bfiisitffBli
iGeneralPosf'Officeson 'account'of the'duties to be per-
:fbrmed.tn''virtue;nf,thisofficew "J ,
o ii"' !;. jl'iv??.- fjj. r J.-.4.-.t,- rii-...:r..
rates.of postage shall, be charged, en all.letters and pack-
ets .except. such as'are' Herein exempted) conveyed by.the'
mails arid posts, of Texas, thatT;is to say :'for every letter
composing a single sheet of paper;, and conveyed'any-dis-tance
not 'e'xeeedihg.- forty miles, twrelve-andarhalf cents:
over lorry ana not exceeaing one nujQreu.;mHes,-.iwenty-.five
cents foyer one hundrea;and-noT-exMeaing;oBehun-dredrand
fifty. miles,-thirty;seven and L one-half cents; ovev
one hundredand-fifty miles, fifty cents; upon all ship;let-
ters, six. and a-quarter. cents 'shall, be charged in addition'
to- "the above rates, and fonevery package composed of
more than four or more pieces "of paper' or .thing, and
,w.eigTimg one ounce; quadruple those'rates,- and in that
pnjoonion. ior, ail. greater eiguis; newspapers tanicu
not over, one hundred miles, ntfeent each; over one hun-
dred milestwo cents each; pamphlets carried nof.over
fifty mileSjfper sheet, one' cent-each; pamphlets carried
not-over 6ne"hundred miles, per sheet, one and a-half cents
per sheet; pamphlets "carried 'oyer.orie hundred miles, pev
sheet,-Uvo and ahalf cenls.eachf, all letters, newspapers,,
and pamphlets.going o"ut;of'Texas,-it shall bethe'duty-df
the PosttMasfer to require the postage' in advance.
Sec. 12. Be U further enacted, That, if.any Post-
Masteri 6r-other p'erspn, authorized by the Post-Master1
General to receive the" postage of letters, shall fraudulent-'
lydemarid or. receive any rate'of postage,-gTatuity or rej
ward.'further than is provided by. this law.forthe postage
of lettersand packets, on conviction' thereof, he shall for-
feit.and pay for every such offence, onediundred dollars,
and shall jie rendered forever incapable of holding any '
office of profit or trust under, this Government '
Sec. IZt-Bc it further enacted. That no.shipbrvesseL.
aiuviuu ukauy ijuil.ui icjias, wucica ir.uav vuiuc - ua-.
tablished, '.shall be. admitted to .report, make entry, break
ouik until me master or commanaer snaii.aave qenvereci
to tHePostMasters, all letters directed to any person.or
persons within this Republic, under his care or within
his power, which shall be brought in such ship or vessel,
cxeent such as are directed to the' owner or consignee of
mJi!shiprjfssel,and-except,.aIso,.suchsaradirecte.d..
to.be delivered at the pprt.ol delivery;to which sued ship
or-vessel may' bebbund ; arid it shall be the duty cf.the
Collector or other officer of the port empowered to receive,
entries of ships' of vessels, to require of every master;
.owner, or commander, of such ship or vessel, on oath of"
affirmation, purporting that he has delivered, of caused to
be deliveiedTall such letters, except as aforesaid, and if
any commander, or master' of any such ship, or vessel,
shall break? bulk before he shallihave complied, with the
requirements of this act, every such-pfTender shall on con?
victibn thereof, forfeit and pay for. every such, offence a
sum-not exceeding-one hundred dollars. .
Sec. H. BcUfurlker enacted, That the Post-Master
.to whom such leliersor packages shall be delivered, shall,
obtain from the person delivering: the same, a certificate
stating-the number of letters nnd.packetswith the name
of the ship of vessel "and the place from whence she last
"sailed which, ceftificatexsliall.be reported with his quar-
leny accounus cuueiu io mc jc u-iuasicitwicuEiai.
Sec. I?. Be it further enacted. That if any person
ther than the Post-Master-General, or his deputy, or per-
son by them employed shallbe concerned in setting up,
or mairitairiiriir any' foot, of horse, post-wagonl or any-
other' post-carriage,..or any established .post-road, 6rnn
road- adjacent or parallel to any established post-road, op
road-a'diacent or parallel
any. packet, boat,, ;or. other yessel to plyregularly from
one-place W.another, between which a.regular.communi-
caiion. oy water snau db esiaunsucu uy mv, uu ou" '-
ceivehny letter, or packet ether man pewspapers, maga-
zines,, and pamphlets, and carry the.same bysuch foot,
"stage:wagon, or other carriage, packet,""boat; or vessel, exr-
cepting on such letter or letters as may be directed to the
bwher.or owners of such conveyance, and relative to the
same, or to.the person to whom any packet, or bundle in-
sueh conveyance' is intended to bedelivered; 'every person
so offending shall, forfeit, Jor every such offence, a sum
not exceeding onehundreddolIaTS.
Sec. 16. Be iL further 'enacted. That the deDUtV-OOst-
master.-.of. other agents of the Post-Master-General shall
duly accpunt anianswer -to him fpr all ppstages on-wayr
leiiers'wnicn snau come tp.their ftanas, anil lor mis pur-pose'thTpost-riders
and other "carriers of the mail receiy-
ihe: any way-leiters which thev shall be bound to do. if
l.u.ui ,.,u HmuB-aiHi.Dpwaninmm a post auicc,&iiju
uciiYcj, me aiu leuer or letters .to. tne post-master, or nis
deputy at, thc.first post-Officehe may arrive at, together
with the postage if paid, whose duty it shall be to specify'
to the same as way-letters, addingrsix and a-fourth cents
additional postage'on each orsuch letters he may have so
received, to be paid by him to the carrier who delivered,
them; letters direcled'lo persons living between post of-
fices may be delivered by the carriers, :and the postage
thereof duly-collected; and it shall be the duty of tbe car-
riers of the mail to take charge of all snch letters as shall
for thatpurpose be committed to him by the postmaster,
and collect the postage thereof, which it shall be the duty
of such post-rider to pay over to the said post-master as it
jscollected.and forevery letter so delivered, the sameshall
be allowed to receive six and a-fourth cents to his own
use besides the ordinary postage; if any postmaster, or
other agent of the Pst-Master-General, shall neglect to
account for the same, he or they so offending, shall on
conviction thereof, forfeit Tot every such offence, a sum not
exceeding one hahdred dollars.
Sec. 17. Beit further enacted, That if an post-master
or other agent of the General Post Office, shall unlawful-
ly detain, or delay, or open any letter, packet, bag, or mail
of letters with which he'shall be entrusted, or which shall
have come to his or their possession, and which are intend-
ed to" be conveyed by post, or if any such person shall
secrete, cmDezzie, or destroy any letter, or packet intrust-
d.to him or them as aforesaid, and which shall not con-
tain any security for an assurance relating to money as
hereinafter described, every such offender being thereof
duly convicted, shall, for every such offence, be fined a
sum'not exceeding one thousand dollars, and be imprison-
ed not exceeding twelve months, according to circumstan-
cm, nr aggravation of the offence; and if any person em-
.' i? ll !! S!lr said fhlill SH'-i"" iK? t- ,ir.
ivy !i't t. mai) or jiacki t fj i'u , o
Kd ' wki$&, ajrtto
'ring tite Session orCangress---an&iteeiily the retriairider o&ttie "year.
OH, WEDNESDAY, JUNE 10,
should hi entrusted. orxvhich shall have come irito.his
of their possession,. and are intended to be conveyed by
I.r ! - !-! T-. u-. 1.11 .. i.tlin'n!inr
post, containing any oautt;uoiB,-pusi-uiu, ui uiuci vv-
expressfve of value, or if. any' such person employed as
aforesaid, shall steal, or take any of the' same oufofany
letter, packet, bag, or mail of letters that shall come to his
possession, he'shalf, for every stich offence, be imprison-
ed' for a terrn not exceeding ten years; and if any person
who 'shall' have taken charge bf.the "mail of Texas, shall
quit or desert the same beftre he delivers the.same into
the post office kept, at the termination of his route, or to
some known mail carrier, or agent of the General.Post
Office duly authorized to receive the, "same, and 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 carryihsf ihe mail of Texas,
shall cause or procure the .sarric.tq'.be done' contrary to
trus act, every sucu ottender, shall- lorieit ana pay, ior
every sucn onence, a s'lm not exceeaing two nunureuuoi-
lars. Sec. 18. Be it further enacted. That if any person
shall rob any carrier of the mail of Texas, or any other
person entrusted with such mail, or any part thereof, eve-
ry such offender or offenders shall, on conviction, be im-
prisoned for a term not exceeding'ten years; and if con
victed a second time of a like offence, he or they shall suf-
fer death;, or if in effecting such robberyof the.mail the
first time. "the offender shall wound the person having the
custody thereof or put hisjife. in jeopardy by the use of
rexas; aSaultmirhe-cbersbri havfnir.the custody thereof;
by shpq'tihg?jitjiim7,er',his horse, or miilejef threatening
hirh.'with'danB'erous wearions.'ahd therobberv.-is not effect-
edeyerysuch pflehderr upon conviction 'thereof,, shall be
punished byirnprisorimenVnotexceedingten-years; and if
any person shall stealthe.mail, or shall steai.anaiaKeoui
any part thereof," out of any, post officeor.any letter, or
packet, or if any person shall take the mail, orany letter,
of na'cket therefrom, or from ariv person, whether with or
without the consent of the person having custody thereof,
me same,containing any arucie oi vaiue,,or n nuypciouu
s'naH'bvfraud. of decention obtain from any persons cus
tody thereof.' anv mail, letter, ornacket. or anv article of
value,-"such offender or offenders, on conviction thereof,
shall be imprisoned not exceeding three years; and if any
I etter, or packet not containing anyarticle ofvalue, on
evidence thereof, out of a post office, or shall open.any let-
ter, or packet which shall have been in a'post'office;orin
the custody of a mail carrier, it shall have been delivered
to whom it is directed, with a design to obstruct-the cor
respondent, or to pry into another's business, or shall se-
crete, or embezzle, or destroy any such -mail, letter, or
packet, such offender, upon' conviction, shall, for every
sucu onenr.e, pay a nne not exceeuing live iiuuuicu uw
l.irs, arid be imprisoned. not exceeding twelve-months.
Sec. 19. 'Beit further enacted. That Jf any person
shall rip,, cut, tear, or burn, or.otherwise iujurejany port,
nvanteau, valise, .or other, bag used, or directed, to'be used
by anyperson actin? under the authority of the Post-Mas-
ter-General, or any porson'in whom his pbwers'are vested
in; the conveyance of any mail, packet; newspaper, or
pamphlet, or ..shall draw,-.or brealcany-staple,- or loosen;
any pan.oi anyiocir, cnam, orstrap aimcneu, or-oeioug-jng
toany such valise, portmanteau, prbag with'an intent
lrpb, or steal any mail; letter; packet, newspaper; or
pamphlet, or to rendeKeither.of the samerih'secure, every
such offender,- upon. conviction', shall, forevery such of-
fence, pay a sum not, exceeding five .Hundred dollars, or;
be imprisoned not.exceedmg, three .years, at the. discretion
of the court Before"' wh'om'.such conviction is had.
Sec. 20. Be it 'fur ther '.enacted, That every person
vrho shall.from and afte'r'the;passa'p;e bfthis'act, procure.
aid, advise,- of assist in'thedqing.'or p'erpetratingof any of
tTif.TN " rrimVW-th?'i a,,rfr'''-hHdf"' i" tipo"" pr'e'-
tormed, shall be subject to the same penalties and punish-
ments as the persons are subject to who shall actually do,
or perpetrate any of the said acts or crimes, according t
the provisions of this act.
Sec. 21. Be it-further enacted. That any personvvho
rshall be imprisoned?by judgment of court under and by
virtue of the seventeenth, eighteenth, and nineteenth sec-
faons.ofthis'act, shall bo kept at hard labor; .or, other-
wise shall be. fined and punished as the law-may direct.
Sec; 22. Be it-further enacted, That the post-masters
shall respectively publish a'tthe expiratinnof every three
months, or ofiner where the Post-Master-General shall so
dnrect,l?h one of the newspapers at or nearesVtheplace'of
uis resuience ior uirets successive weeKS, a list .01 uii lue
j ettefs remaining in their respective offices, or, instead
thereof shall make out a.number of such lists, and cause
tttem to be posted up at no less" than 'five' of the most pub-
lic places in that vicinity, as shall "appear to them best
adapted for the information of the parties concerned, and at
the expiration of the next three months shall send such of
tne letters as there remain on hand as dead letters to.the
"General Post Office, where the same shall be opened and
inspected, and-if anyjvaluable papers, or matters of conse-
quence shall be found, therein, .it shall be the duty of the
ldst-Master-General, through his deputies tb-returh them,
or if, after a descriptive list thereof has been published in
one of the. newspapers published at the1 place most con--venientto
the supposed residence of.the owner, if within
Texas, the person or persons to-whom such letter or let-
ters may have been directed, and. intended,- shall make ap-
plication therefor, it shall be the duty of the Post-Master-C5eneral,
or any'of his deputies upon being satisfied -'that
the applicant is the proper owner to deliver them' to such
person pr persons, upon the postage and expense of publi-
cation being paid, and in either' case, to require from per-
sons receiving letters to receipt to, the.Post-Master-Gener-altherefor,
specifying in such receipt-that it isfor suchlet-
tor or letters as may have" been advertised and described,
and if neither the writer nor the individual to whom the
loiter is addressed, shall not make demand in their own
proper p'erson, or lawful'agent, within two years after the
advertisement thereof as aforesaid, the said contents shall
be applied to''the use'of Texas, until thesame shall be re
claimed" by the'prorffietbrthereofvfandthe-mahner of such
"application to-be speeiallystated by the Post-Master-General,
to" the Executive office.
Sec. 23. Be it further enacted, That all letters and
packages not exceeding three pounds in weight, and news-
papers conveyed in the mail, shall rbe"under-cover:'ifanv
person employed in any department-.of the General.Post
Office, shall improperly uetam, delay, hinder, embezzle, or
destroy any newspaper, or permit any other person to
do the same, or shall open, or permit any other person to
open any mail, or packet "of newspapers not directed to the
office where he is employed, he shall, on conviction there
of, forfeit a sum not exceeding one hundred dollars, for
every such offence; and ifany other person shall open any
mail, or packet of newspapers, or shall embezzle, or de
stroy the same, not beingdirected to himself, or not being
authorized to receive and open the same, he shall, on con-
viction thereof, pay a sum not exceeding fifty dollars, for
everv such offencet.and ifany person shall take, or steal
any packet, mail, or bag of newspapers out of any post
office, or of any person having custody thereof, such per-
son, upon conviction, shall be imprisoned not exceeding
Llhree months, for every such offence; ifany person shall
enclose, or conceal a letter, or other things, or any memo
randum in writing in a newspaper, or among any pack-
age of newspapers, which he shall have delivered into any
post office, or to any person for thatpurpose, in order that
the same may be carried by post free of letter postage, he
shall forfeit the sum of twenty-five dollars, for every such
offence, and the letter, newspaper, packet, memorandum.
or other thinir shall not bedelivered to the person to whom
it is directed, until the amount of double letter-postage is
paid ior eacn article 01 wnicn me pacKei is composed.
Sec. 24. Be it further enact ed, That the Post-Master-General
be authorised to alow thg postmasters respectively,
. .1 . ir r -t-.-tPK arisini-- jpon we nn'ip nf
1 ia. v''- -"'"sictoiheirrepectiveservi,es.p-ov.
18,40.
VOL.
ded saidcommissionshall not exceed twenty-five per cent (m
the firs't'hundred dollars, twerity'per dent, of any'sumoyerj
one hundred dollars, and nofcexceedingthre'e KundreWoW
lafs,and ten percent, on any sunr, over, four hundred dolv
lars, and npt;exceeding"two.tho"usand dollars, and'fiye per'.
cent oh any sum collected being over ih eniy-iour u
drcddollars, exceptto post-masters who may-be'employea
in receiving and despatching foreign-mails, whose jcem-
pensation may be aujrmented not exceeding twenty-five.
HnllnrR fnr nna nnnrler- thp Pnst.Mnster-General may
nllnur in ihn ruW.ma'c'torc, rpenprtivplw . "a.COmnUSSlOn 01
fifty per cent'on the money arising from the postage. 01
newspapers, magazines, and pamphlets; and each, post-
master who shall be' required to keep a register of the ar-
rival.ahddepartues of the mails, shall be. allowed twool-
lars for each monthly return thereof to the, General Post
Sec. 25. Be it further enacted.ThaUfany post-mas--ii
ter, orother person authorised lo receive the, po.-iage 01
nm.
letters, shall neglect; or refuse to render his accounts, ono. ,1 no. y. j; rom Olarksyine to the scat.ot justioc Fannin
pay over to the Post-Master-General the balance by him Co., via Lexington in ReuRiver County; Shelton's ahl
due at the end of three months, it shall be the duty of the .English's.
Post-Master-General to cause a suit to be comrmenced - No. 10. From Sanugust-.n? to post Caddo, via
against the person so" neglecting or refusing; and if me ; Shelbyville, Sbelton's.and.Elysian Fields.
Post-Master-General shall not cause such suit to be corn- t No. 11. From.HoustohltbSwartwoutTrinity Rivex)
menced within six months from the end of every such : No: 12. From Liberty-.tp Lyons' Pr.st Office Louis-
three months, the.balance due from every such delinquent, ana, via Pine IslandyPatillo's, Richland, Jefferson, and
shall be. .charged to, and.be recoverable from the Post- Beaumont. rrr .
Master-General; that' all suits which shall hereafter be- No.13. .FrroJcfier5Pri.5 HaniiUQajaibin'fr-Paver.T
commenced fbcthe recovery ofbtsi bikilairtcsfue to; viasper;-iSrfflIa..Sari
mecn"eraJ"isXOfficehcther,tliey' appear byTiandPr" .- -No. 14.-Erom. Jasper taSAfeipi:' -- jhr. rZr
obligation, shallbe made in the-harhe pf'theTexistingr or J JJp. -I5. From' Uoustoift.to Egypt, tia Hodges!, and",
other precedingTPost-Maiter-Geheral.or-otherwise; shall Richmond;.-" '. CJ " '". -..
be charged, in the haqie of the Post-ltfaster-General of Np. 16. ;From Egypt toJ,GpK?dI-jIa;Ti;xan"3?aDdTic,--Texas,
and that certified under the seal ef.the General, teria. '.'"'?" . ' "-";'. ,
Post Office, of the accounts current of "the several, post .-..No.; ,17 From Matagorda toEgypUfwa.piestotrjs and
masters shall be admitted in all suits broughrhythePost '"Peach .Creek: . '1 - --
'Master:Genefarforthejecovery of debts, pfbalgnces.due
trnmnnst-mastera or other nersons. in IIKe manner; tuuica
a -" l-V , .at va An
ofsaich bnnrls .nr nrrnnnts current as are lodtrea in me up
... , -.
partmenf of State, under the seal, of the i General, Post UI-
fice department, shall be admitted as evidence.
Sec. 26. Be it further enacted ThaVall letters and
packets to and from the following officers of this'Republi;
shall be'receiyed and conveyed by post; free .oCpostagec
each, post-master, proyided the packet does not,exceed'one
ounce mweignt; me.presiaeni;auu ms tuumci yuiio,
ficers of congress, durinir the tirne of th'eir.actual service?
the treasurer, and post-master-general;' all officers of th'e
army "and navy, collectors and officers of the-, revenue,
when communicating on subjects connected with public
service, all of whpmhajfreceive their, newspapers by the
puoiic post, iree oi posiagef-pruviucu.-inai uu . icuu ui
packet, from any public, officer sbaU'.bje Conveyed 6y post,
free ofpostageunless hesh'Ill.franfethesame byyritirig
His name and office oh the outside qD'such letter,, or' packet,
as in case of officers of the army, havyarid collectors, and
officers of "revenue on'public .service
Sec. 27. Be it 'further- enacled'i That if any person
shall frank letters other thantfiese.. written by himself, pr
by his prde'r, heshah,.'on conviction thereof'paya-nne
.i .-, ,, - :i.-?i" - ." -"Ji'ii ---. .r:, L le
nity
or
avoid
shall, for every such 6ffence?pay!a'fine of one" hundred
dollars: provided, that every-printerof a newspaper1 may
send one paperto each and cvefyfjther, printer of a news-
paper in Texas, and "send and receive out ot Texas any
number of newspapers ricjexceeding thirty, free ofpostage,
under such regulations, as the Post-Master-GeneraJ may
provide".
SztiraT'Be-it-fuTtherenacledrThat ifany, post-mas- -
ter, or other person, who shall receive, open, or aespaicn
mails, shall neglect to render accounts thereof for one
month after the time, in manner and form provided -by
law. and bv the Post-Master-General's instructions l:e-i
shall forfeit" and pay double the, value of the postages
which shall have arisen at the'same office in equal pro-,
portion of time,. previous or subsequent thereto; pr incase
np amount .or account shall -have been rendered-'at the
time- of trial of such cas'e.then such sum as.the i court and
jury shall estimate as.equivalent thereto, to be sued for
and recovered by thepost-Master-General in an.action. of
the case. , ; ; ;.
Sec. 29. Be it further 'enacted, That all pecuniary"
penalties and fhrfeitu'res'incurred under thisacti not other-
wise providedfor; shall befortheuseofthe .Republic of
Texas. ' . . J$r-
Sec. 30.. Be it -further enacted, -That if shall be law-
ful for the PosttMaster-Geheralto.makeprovisionrwheh
it-may be necessary for the receipt 6f letters,, arid packets
intended to be conveyed by anyship,or vessel.beyend sea,
or fromany port in Texas to another port therein,7arid
the letters so received shall be formed into a mail. or-pack'
et, sealed up and directed tq, the post-master Pt meport to.
which"such,ship or vessel shall be bound, and for .every
letter or" frank, sn received, there shall be" paid at th"e. time
of its 'Teception, a postage1 of six and, a-quarter cents ea'ch,
which shall be for the useoftln post-masters.Tespectively,-receiving
the same, and the Post-Master-General may
make arrangements "with tbe post-masters in any foreign
country, for a' reciprocal delivery of letters, newspapers,
packets, and pamphlets threugh thejpost office depart-
ment in any manner he may deem expedient and neces-
Sec. 31. Je tt turtier enactea, inai ior every letter;
lodged at any post-ornce noLtooecarneaoy post, out tp
be delivered at me piace wnere u is lougeu, uie po - mas -
ter shall receive six ana a-quarter cents irom tne person to
whom it may be delivered.
Sec. 32. Be it further enacted, That the postmas-
ters and persons employed in thatransportatiori of the
mail,.shail be exempt from militia duty, serving as jurors;
or-"working on public high-ways.
-Sec.-33. -Be it further enacted, That all .causes of
action arising under this net, maybe sued for.and all .of-
fenders be presented before th proper judicial officers of
this Republic.they having competent jurisdiction, by "the
laws of this Republic, of the trial of .claims and demands
of as' great value; and crimes of as greatan. extent, and
such judicial officers shall take cognizance thereof, and
proceed to" judgment, and, award execution as in other
cases.
Sec. 34. Be it further enacted, That in all suits, pr
cases of action arising under this act the courts shall
proceed to trial and renderjudgmentatthe first term after
such suit shall have commenced; provided, always, that
whenever process shall not have been commenced at
least ten days previous to the return day of such term,
the defendant shall be entitled to one continuance, if the
court on the statement of such defendant, may in su'ch'caseT'
deem it expedient; proided also, that defendant in such
suit shall make affidavit that" he.has a. claim against the
General Post Office, not allowed by the Post-Master-General,
although submitted to him, conformably to the requi
sitions oi me i'osi umce aepanment, ana snau specily such
claims in his affidavit, that he could not be prepared for
the trial at such term for the-want of evidence, the court
being satisfied in those respects, may grant a continuance
until the next suceeeiling term.
Sec. 35. Be it further enacted. That it shall be the
duty of the Post-Master-General to report annually of ev-
ery post-road and office which shall not from the second
year have produced one-third of the amount of its expen-
ditures. Sec. 36. Be tt further enacled, That mail routes
which have been established between and
, Jasper and Belgrade, and all others not
herein provided for be, arid the same are hereby discon-
is ja n-s-.irh he leiis '"xlnnrs
the vice president, and. the rnernhersoi Dotn Drancnes. oi -congress
of this Republic, durijifflhe sessionof congress,
and thirtv davs thereafter, and. the secretary and other, of-
.ffligi
S5S
V$'7 aittlieradof' tiki
?M?,-.
i
V - NO. 3AWMpl,E BO. 244.
Lynchburg, Spilfman'Islaiiaand Nevr Washingtotti"
k.no., x. rrom. Houston to Cincninati.-viaSpnng-Ureel.-,
ount. Vernon, anfiuntsviHe,
.No. 3fiF,roia 'CuidnnaUjto NacogdpchP3,5via JTcchcs,
Mustarig1Prairje;'Gr'cet;Land Mount Sterling. "r'r
'f No, .4. F.rbmlNacb"gdpc"es toifaCi.TnaTian's Ppst Of-
jfice, LouisiariaviitSan'Atiglist'inCjJr'Jkrn, Gaines1 Ferry,
Snd .Sabintf Toj"i4 "
'No' 5". FromJNgdpcEea to Appersoq's'Ferry.
I .No., 6. FromvA'jppersbhs .Ferry" to -Jonesboro', .via,
Myrtle Sprin'mja'lbjand VCiarksviJle, "-."-;
,N6. 7. Fromuopeshoro' to seat; 6f;jus!ceFanDui
County, vi,Franklm,7oHnjori, Raleigh, andLejKgtcn,
x annin uounty. S.JZr A -t:- -
JNo. 8. I-.roin seapf) jusf.ee Fannin Co.,
to Upttee.'s
ouiiion, via warren. i?r,.rf
JNo. 18. From Egypt to Lagrange -na Columbus,
i y. w. ,i i. ..era hj
' IXJX 1 La'vv 1 nt..
San Feline, -ria CrosbVa
Barazoria, Marion", drbzimboahd Big Creek.
! no. -m). a rom; Ban is;eapoio tagrangn,,-a Ucdor
Punchartf s, Centroflili; .Cedar Greek, TfThshingten, In-depende3ce,-.Gay
HilLOalc Grove", nd Rutersville.
1 -No.. 21.; From Independence to. Emnbifnj vkfound"
a t neytJfossirig ;
JNo. 544. ;i;rom tiuntsyrre-
r i.li ii(i;ir
no. vs. rrom tiqustpn- ta VaslunfiloE,-Vii Myrtle
Tjirf; and, Groce's Retreat .A t- ' . ""
...., ......,....;.,.,.....,,J,,i,uu,,ui,
Post, Office,. and Sah-'Pacero.- , - - . -
No"; 27. .From yTctoria- "to-live fJal?!p5int;via Xa
raar.
,No., 28.. ;Frbni;03rntaija.tcf C&?fcumfvi& iantLouia
No. 29.--Froih City SabrnetoC-uiSonfg,. ,
No. 30 jFromrrAnstirrTd Crocket,- .via, Nashville,
T .- -. "'-." "" .ar
:FrankIin?nnn?c?.affiiceBn1tenIsRams
(TrinityiRietpandMurigPirM ,-J- ."'
. No: SfS'FfoW-A'ustirKfo'San.Anto
-and Seguin.;
d Seirnin.: " T '. '" " ' i-sgSL j-z.,-
she,
34.. Frora'-Texanato -tag-raft ere. via Sfa'cn's: Ztfc-
" J' ;.o ;?- -- - x . .
Chadoihs1, and Lyon.
No 35 From Qumtana to Texana, via .Matagorda,-
No. 36. From Bwaftwbut to Jasper, vfa' Bafclay'sJ.
and that the Pbst-Mastef-,GeBeral.caiis,a mail, toift car-
Tied on such of theabovSrdntes assre ncrat thialfms nn.-
jder contract, and the, Pt-Masfer-Gxne2atshalkregtIl.lte
and determine as'to therba'dson wHieh thefsaid'mails'shair
Ibe.carrie'dJKtBLpfteb-iind'.an othsxjfgraagcingtirelatmg
tHefetbrayKmaytKmkpropef7' fV"' Jt "c"""" "
jjAvaus. jtvauriviAiN,
' Speaker of the House-ofRcDrescntaUyes
' . DAVID G, BURNET, -
. . -. . PresidenLcfthe-Senntc
". Approved'FebniaryfJth: 1840,
' -jMIRABEAlX B- I.MA"R.
.iJAN .ACT --,-,
To repealcertam 'acS-thOTUjnarned,
Sec. 1; Be if ci'ed'fwthe"SaiciJfvuss of Jit-
prcscntaiives of.the SepubticofT&ai i&'Cer.grtis-'assesr
bled;. That, from ani-after tne -passage of . thij- &c ihe
following named acgrand -joint reJailohstp'win a
"joint resolution, aulhoniing' the president & receive
forty tHoiis&d.volunt.wf&gprovD.ecenj5er 223 fS5B.
A joint resolution, aothorisieg'the preaFoent to draw fimfe
fo transporting arnYsfeupuions; "troops",- &cVipproyr
Nay. 16th,vl838raj0cten"Tiled. jin actio define ther tm&
of hoIdingsherifrsS.Iesf, and. miua.nacf'of.yeYtKTrig;
approved. Jan. .23d, J839J. An 'act'.entiijjd anTact to-create'
a board or tribunal tforUfc.esaminandfi "and"'2udijin af
claims'agaihstthe-'gpyj'rtnliccra'
i 'inn
.
to;defineV,the
Tnnnafsr.SSd.
a
. , , T -vnrtA.r--
V Speaker 'ofih'e Housq of Repiresvstjftives.
V.JJAV'ID G BURNER
, , ' j Presideui.of the Senate.
-Approved 5th Feb: 1840
- 5TMIRABEAU B LAMAR.
ANAC'i1
Tp exempt certain lands from the rriymcnVdf certain
- pr debts therein named. --
Section 1.
Be it- ihdcteil 5iLine .Senate and"-IIirase
isrisi.
exas, .or
by virtue "of laws ofthls Jtepu&lic, by tigramstfroirt
foreign countries, oaltHeir settlement fn TiiasCshaH b&.
and are hereby 3eclared,exeOTp-frortrt-ats:ta!i-iralM-ities
contracted by such emigrant amerior.ofhTs reipaval
and emigration to Tejtasj-jjnless. such iTe&tnv4s"cohtfacfed
and made with an express rsferphce to ih prdspeciive
right to he acqutredjhynch eraigrarit-and proved by
written. contract; prpvidedi that tnis act shall nof he so-
construed , as to exempt"an'y lands which emTgrnnts: may
have, acquired, by purchas-5, or In. auyother manhe: j'lan.
by virtue of their head.right
pATID' S". IvATJFMANi
Speaketofthe Hbuso.ofReprrsentstives,
' D'A-T'ID G BURNET, "
' :, President oflhe Senate,
Approved. 5th February, 1840. , . -"
" :?-MlRABEAU B. LAKliR.
A. JOmTRESOLUTJlON
Prohibiting the Secretary4' .of Hie Navy fronv removing
thesNovy'Yar-J. Z r
Be it TcsolvccL.by iAeS?!c7tr Konsem Represen-
tatives oftKc Republic of.Tpcai, sn CfiigrJi OsscxtStld.
Thafthe Secretary of the' iNsyy shall be' prohibited irom
removing the Navy Yard from its present location pa
Galveston Island, to ariy'Kher plice until accurate turveya
of all.the'ports and harbprs nlpagtlia coast jhajl have
been submitted to Corigrejs, aiidTi.itil a'lfr a joint cons-
mittee of-botK houses shall ha-o Xwaipt-U a:d survevs;
and designa'teda moreapp jpriLte sp-'t -f. "such s'iftll w
discovered, to which the jV v Yuri raiiy Be- Jt?n!Q?i.;
the report of such commit-" to be coafirtned by Csngisss
before such-change shall like place, .".,-. -
.JJAVJJ S. KAU.t-iAi-r,
Speaker of t'ho Ii&fise of Ecprcsewsslve,'',
"DATf"ro4Q. BURNER
President of the S&alc.
,r-ove-I 33th January, 40,
be transported in the'jnfesentyearone thotiKndcigKthuiqj
dredandforty.vizrJ.J ,Vit
' 'No.. 1.- Prom TTnnafnn .In nnlSwnn v?nJTIirriilii,r:
. -"-: rf" ...'"".yuu'su'iio.j'.u o'.isnmgioSfVia.iinsK
and Fantharp's.. -"" . ' " - "-" .
No.. 23". EromBrazorl-i.ta Matagorda, TixWilliams!
of Representatives of thetepTibhc of Teids;iiz..Cin
assembled. That all lands acquired as bead" fights,, by
virtue oi me colonization-laws oi ooaniiii.Tandr
?-j
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Cruger & Moore. Telegraph and Texas Register (Houston, Tex.), Vol. 5, No. 34, Ed. 1, Wednesday, June 10, 1840, newspaper, June 10, 1840; Houston, Texas. (https://texashistory.unt.edu/ark:/67531/metapth48091/m1/1/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.