The government class book / Designed for the instruction of youth in the principles of constitutional government and the rights and duties of citizens.

by Andrew W. Young

§10. The postmaster-general establishes post-offices, appoints postmasters and other persons employed in the general post-office, and provides for carrying the mails. He is assisted by three assistant post-masters-general, an auditor of the post-office treasury, to audit and settle the accounts of the department, and to superintend the collection of the debts due the department. The business of this department requires a large number of clerks. He reports annually all contracts made for the transportation of the mail, and a statement of the receipts and expenditures of the department.

§11. Postmasters keep an account of all letters sent from and received at their respective offices, stating the names of the offices from which letters are received, and of those to which letters are sent, and whether they are post paid or sent free. Postmasters, at stated periods, (in most places quarterly,) advertise all letters remaining in their offices; and they send quarterly to the general post-office accounts of letters sent and received, and of moneys received for postage, and of those paid out on orders of the department. Letters also which have lain in their offices during the time for which they were required to be advertised, are sent as dead letters to the general post-office, where they are opened; and such as contain money or other valuable matter are returned by mail to the writers.

§12. Postmasters are allowed for their services a commission on the amount of postage received by them quarterly. Those at whose offices the sums received are small, are allowed a greater per centage than those where the receipts are large. Thus, the commission at present (1859) is, on the first $100 received, sixty per cent.; on the next $300, fifty per cent.; on the next $2,000, forty per cent.; on all over 2,400, fifteen per cent. Stamped letters are considered as paid in cash. On newspaper postages, fifty per cent, on all sums, large or small. If a postmaster's commission exceeds $2,000 a year, besides the expenses of the office, the excess is paid to the general post office. Postmasters may also receive for pigeon-holes or boxes, not exceeding $2,000, the excess, if any, to be paid to the general post-office. Postmasters whose compensation amounts to $1,000 or more in a year, are appointed by the president and senate.

§13. Postmasters whose commission on postages has been less than $200 during the preceding year, may receive and send, free of postage, letters on their own private business, weighing not more than half an ounce. And members of congress, during their term of office, and until the first of December after its expiration, may send and receive letters and packages weighing not more than two ounces, and all public documents free. A person to be entitled to send matter free, must write on the outside his name and the title of his office. This is called franking. Civil officers at the seat of government also may frank matter relating to the business of their offices, by marking it outside, "official business."

§14. The attorney-general attends to all suits in the supreme court of the United States in which the United States is a party or is concerned, and gives his opinions on questions of law when requested by the president or heads of departments.

Chapter XLII.

Judicial Department.

§1. We come now to the third article of the constitution. The first two sections provide for the organization, and prescribe the powers, of the courts of the United States. The want of a national judiciary was a material defect of the confederation. Dependence upon the state courts to enforce the laws of the union, subjected the government to great inconvenience and embarrassment. A government that has a legislature and an executive, should also have a judiciary to judge of and interpret the laws. The constitution declares that "the judicial power of the United States shall be vested in one supreme court, and in such inferior courts as the congress may ordain and establish." Under the authority here given, congress passed the judiciary act of 1789, by which the several courts of the United States were established.

§2. The same section declares, "The judges of both the supreme and inferior courts shall hold their offices during good behavior." In no other department of the general government are offices held for so long a term, which is virtually for life, unless removed on impeachment, or for inability. To insure a correct and impartial administration of justice, the judges should be independent. If they could be displaced at the pleasure of the appointing power, or by frequent elections, they might be tempted to conform their opinions and decisions to the wishes of those on whom they were dependent for continuance in office. The object of the framers was to remove them as far as possible from party influence.

§3. It is further provided, with a view to the independence of the judges, that their "compensation shall not be diminished during their continuance in office." Salaries are fixed by congress. To give congress power over the purse of an officer, is to give it power over his will. Dependence upon the legislature would be as great an evil as dependence upon the appointing power. Besides, men generally selected for high judicial offices are eminent lawyers, pursuing a lucrative professional business; and, without a liberal salary, men of the greatest ability would not accept these offices; or if in office, an essential reduction of their compensation might induce them to resign their offices.