without the power to provide for the punishment of counter. feiting it; and although this power might be reasonably considered as implied in the power to coin money, it is with propriety granted by express provision.

§ 344. The counterfeiting and debasing of current coin are deemed aggravated offences, and are punished with heavy penalties. Any person who shall falsely make, or fraudulently pass, any coin in resemblance of the gold or silver coin of the United States, shall be liable to a fine not exceeding five thousand dollars, and imprisonment not exceeding ten years, according to the aggravation of the of fence. For falsifying or lightening any gold or silver coin in actual use as money, the penalty is imprisonment not exceeding two years, and fine not exceeding two thousand dollars. For counterfeiting copper coin, a fine not exceed. ing one thousand dollars, and imprisonment not exceeding three years.

§ 345. Any officer or person employed at the mint of the United States, who shall debase or make worse any gold or silver coin, as to the proportion of fine gold or fine silver, or shall make the same of less weight or value than it ought to be, with a fraudulent intent, or shall embezzle any of the metals left at the mint to be coined, shall be guilty of felony, and imprisoned not less than one year, nor more than ten years, and fined not exceeding ten thousand dollars.

§ 346. Fines and penalties similar to the above are inflicted upon persons who counterfeit or forge any public security, treasury note, deed, power of attorney, certificate of public stock, or other writing relative to the business of the United States.

§ 347. The exclusive power to fix the standard of weights and measures is properly given to congress, in order to ensure uniformity throughout the United States: that body has not yet legislated on the subject. Each state, therefore, retains the right to adopt and regulate its own standard.

power to punish counterfeiting necessary? § 344, 345. What is the penalty for counterfeiting and debasing coin? § 316. What other species of counterfeiting is punishable? § 347. Has congress exer cised its power to fix the standard of weights and measures?

CHAPTER XIII.

Post Offices and Post Roads.

§348. CONGRESS shall have power, "To establish post

"offices and post roads.”—Art. 1, sec. 8, cl. 7.

§ 349. The vast importance of a general and rapid circulation of intelligence among the people, and the utility of the post office in aiding the government to perform its business operations in all parts of the union with economy and despatch, rendered some provision necessary to facilitate the transportation of the mail. The propriety of intrusting the sole regulation of the post office department to the general government, is manifest. Indeed, it is impossible to conceive how a business so complicated could be managed by

the states.

§ 350. It is the opinion of some, that the power to establish post offices and post roads is limited to the power of establishing post routes, or pointing out the roads on which the mails are to be carried, of directing where post offices shall be kept, and of appointing postmasters. The more probable opinion is, that congress may also make or repair roads wherever or whenever the same shall be necessary for the conveyance of the mail. This necessity, however, can rarely occur, as roads are seldom wanting where there are people to be accommodated by mails.

§351. A general post office was established by the colonial congress, as early as the year 1775. The laws by which it has been regulated have been changed, from time to time, as improvements were suggested, and as the increase of its business demanded. The business of the general post office is under the supervision of a postmaster general. This officer is at present considered a member of the president's cabinet, and the general post office an auxiliary executive department.

§ 348, 349. What is the use of the power to establish post offices? §350. What opinions prevail respecting the extent of this power? 351. When was the general post office established? What is the chief officer called? § 352. What are his principal duties? § 353

§ 352. The postmaster general establishes post offices, appoints postmasters and other persons employed in the several departments of the general post office, and gives instructions relative to their duties. He provides for carrying the mail on all post roads as often as he may think proper, and directs the revenues arising in the department, and all debts due the same, to be paid into the treasury of the United States. And it is his duty to make to congress, at each annual session, a report of all contracts made for the transportation of the mail the preceding year, and reports of the expenditures and receipts of the department.

§ 353. The postmaster general is assisted by three assistant postmasters general, and such number of clerks as the business of the department may require; and an auditor of the treasury of the post office department, who is ap.. pointed by the president and senate, and whose duty it is to receive all accounts arising in the department, and to audit and settle the same, and to superintend the collection of the debts due the department.

§354. Contracts for the transportation of the mails are

made as follows :

The postmaster general gives twelve weeks' previous notice, in one newspaper published at the seat of govern ment, and in one or more in the state in which the contracts are to be made for transporting the mail, that such contracts are to be made. Those who wish to engage to transport the mails on any of the routes advertised, send their proposals to the postmaster general, stating the lowest sum for which they will agree to carry the mail. He that proposes to carry for the least sum has the contract.

§ 355. The rates at which letters, newspapers, pamphlets, and magazines are carried by mail, are established by law, and are as follows:

For every letter composed of a single sheet of paper, not exceeding thirty miles, six cents; over thirty, not exceeding eighty miles, ten cents; over eighty, not exceeding one hundred and fifty miles, twelve and a half cents; over one hundred and fifty, not exceeding four hundred miles, eighteen

What assistance does he receive? § 354. How are contracts made for transporting the mail? § 355. What are the rates of postage on

cents and three fourths; over four hundred miles, twentyfive cents. For every double letter, or letter composed of two pieces of paper, double those rates; for every triple letter, three times those rates; for every packet of four or more pieces of paper, and weighing one ounce, four times those rates; and in proportion for all greater weights. No packet of letters transported by water mails, are charged with more than quadruple postage, unless the same shall contain more than four letters; and no postmaster may put into the mail any packet of more than three pounds weight.

§ 356. Every four folio pages, or eight quarto, or sixteen octavo, or twenty-four duodecimo pages, or pages of less size than that of a pamphlet or magazine, are considered a sheet. The rates of postage on newspapers, pamphlets, and magazines, are as follows:

On every newspaper carried any distance within the state, the postage is one cent; if carried over one hundred miles, and out of the state in which it is mailed, one cent and a half. On periodical pamphlets and magazines, such as are issued in numbers at regular intervals, carried not over one hundred miles, one and a half cents a sheet; over one hundred miles, two and a half cents.

§ 357. Any memorandum or writing on a newspaper transmitted by mail, is charged with letter postage. But the publisher of a newspaper may send a printed or written notice to a subscriber, stating the amount due on his subscription; for which notice there shall be charged the same postage as for a newspaper.

§358. The following officers are allowed to send and receive their letters and packets free of postage :

Every postmaster, provided each of his letters or packets shall not exceed half an ounce in weight; every member of congress, provided each letter or pamphlet, (except documents printed by order of congress,) shall not exceed two ounces, during his attendance in any session of congress, and sixty days before and after such session; and all the civil officers at the seat of government: and each may re

letters? § 356. What on newspapers, pamphlets, and magazines? § 357. What concerning a writing on a newspaper? § 358. What officers are exempt from paying postage? To what extent? What is

ceive a newspaper free of postage, provided that no postmaster shall receive, free of postage, more than one daily newspaper, or what is equivalent thereto; and that no member of congress shall receive newspapers, free of postage, after his privilege of franking shall have ceased. To frank means to exempt a letter or packet from postage. The person entitled to this privilege, writes on the outside of the letter or packet, his name and office; and the same is sent free.

Every printer of a newspaper may send one newspaper to every other printer of a newspaper, free of postage.

§ 359. At the end of every quarter, every postmaster is required to publish in a newspaper, at or nearest the place of his residence, for three weeks successively, a list of all the letters remaining in his office; or shall cause a number of such lists to be posted up in his vicinity: and he is required, at the expiration of the next three months, to send such of the said letters as then remain on hand, as dead letters, to the general post office, where they are opened and examined; and such of them as are found to contain any matter of value, are returned to the writers thereof.

§ 360. Postmasters are allowed as a compensation for their services, a commission on letter postages by them received, not exceeding the following rates on the amount received in one quarter:

On a sum not exceeding one hundred dollars, thirty per cent.; on any sum over and above the first hundred dollars, not exceeding four hundred, twenty per cent.; on any sum over and above the first four hundred dollars, not exceeding two thousand four hundred, twenty per cent.: on any sum over and above the first two thousand four hundred dollars, eight per cent. ; on moneys received for the postage of newspapers, magazines, and pamphlets, fifty per cent. Postmasters whose compensation does not exceed five hundred dollars a quarter, are allowed two cents for every free letter delivered out of their offices.

§ 361. Any postmaster who shall unlawfully detain in his

franking? How is it done? § 359. What is done by postmasters at the end of each quarter? § 360. What compensation do postmasters receive? 361. What is the penalty for detaining letters, &c.? What are the salaries of the chief officers of the department?