As a clear and explicit definition of the limits of the franking privilege of members of Congress, the following letter to certain members of Congress who claimed certain (extended) privileges will be found interesting. The members had asked leave to frank certain documents intended to aid a praiseworthy object not strictly entitled to that privilege, as well as other favors not sanctioned by either the letter or the spirit of postal laws, rules, and regulations:—
“Post-Office Department, 1865.
“Appointment-Office, Washington.
“Gentlemen:—I am instructed by the postmaster-general to acknowledge the receipt of your joint letter of the 15th instant, and to say that while he fully appreciates the importance of furnishing the public with correct information on the subject of the treatment and sufferings of our brave men who, unfortunately, are prisoners in the hands of the rebels, and would willingly lend all proper aid in his power to accomplish this object, he cannot, with his sense of official duty, direct the postmaster of Boston to respect at his office the franks of members of the Senate or House of Representatives while they are sojourning at the seat of government. Nor can he authorize the use of fac-simile stamps for the purpose of franking matter passing through the mails.
“The franking privilege to Senators and members of Congress is a personal one, and travels with the party entitled to it, and cannot be exercised in two or more places at the same time. By the terms of the law, it is ‘to cover correspondence to and from them, and all printed matter issued by authority of Congress, and all speeches, proceedings, debates in Congress, and all printed matter sent to them,’ thus limiting the privilege to the matter herein named. Consequently, if it come to the knowledge of a postmaster that a package bearing a proper frank is composed of matter not named in the law, it becomes his duty to disregard such frank and charge postage thereon.
“The standing regulations of the department provide that ‘no privileged person can authorize his clerk or any other person to write (or stamp) his name for the purpose of franking any letter or packet.’ ‘The personal privilege of franking travels with the person possessing it, and can be exercised in but one place at the same time.’
“‘No privileged person can leave his frank behind him to cover his correspondence in his absence.’ ‘If letters or papers be put into a post-office bearing the frank of a privileged person who notoriously has not been in that vicinity for several days, ... it is the duty of the postmaster to treat them as unpaid.’ ‘Postmasters are requested to report to the department all violations of the franking privilege.’
“The use of a fac-simile stamp for franking letters or packets by Senators or members of Congress has never been authorized or approved by this department in any way; but, on the contrary, the postmaster-general has invariably decided against the use of such stamps whenever the question has been brought to his notice, for the reason, among others, that it affords opportunity to perpetrate frauds upon the department and its revenues to an almost unlimited extent.
“From the foregoing you will see that the postmaster-general cannot with consistency or propriety comply with the request contained in your letter.
“I have the honor to be, very respectfully, your obedient servant.
“A. W. Randall,
“First Assistant Postmaster-General.