Foot-prints of a letter carrier; or, a history of the world's correspondeceRees, James
History
Foot-prints of a letter carrier; or, a history of the world's correspondece
Rees, James
Postal service -- History; Postal service -- United States -- History
In 1860 Mr. Holt, the postmaster-general, by virtue of the act of March
3, 1851, by a formal order declared all the streets, lanes, avenues, &c.
within the corporate limits of the cities of Boston, New York, and
Philadelphia, to be post-roads, and notified all engaged in the
transportation and delivery of letters for compensation in said cities,
that they would expose themselves to the penalties imposed by the third
section of the act of March, 1827. The private expresses in the cities
named acquiesced in the legality of the step, with the exception of one
in Philadelphia long and familiarly known as “Blood’s Express,” and
subsequently, “Despatch.” In despite of the act of 1851, or the penalty
imposed under that of 1827, Blood’s Express continued its regular
delivery of letters in defiance of the department. A bill in equity was
filed with a view of restraining the company from this habitual and
persistent violation of the postal laws; but, upon full argument and
consideration had on the questions involved, the injunction was denied.
The mere existence of a postal department of the government is not an
establishment of monopoly. No government has ever organized a system of
posts without securing to itself a monopoly of the carriage of letters
and mailable matter; but this was never intended to control individual
enterprise in the express line. Judge Grier, who indorses the decision
of this case, says,[58] “The business of private carriers of letters and
mailable packets, even on principal mail-routes, is lawful unless
legislatively prohibited. A private monopoly, secured by prohibitory
legislation, cannot require the suppression of a rival business of
competitors who do not infringe the prohibition, merely because the
continuance of their business would lessen or destroy the profits of his
monopoly. A like rule applies in determining the effect of a
government’s legislative prohibitions to secure its own postal monopoly.
The monopoly cannot be extended beyond the legislative prohibitions,
merely because the continuance of a specific business which has not been
prohibited would reduce the postal earnings of the government, or even
frustrate the purposes of its exclusive policy.” Streets, lanes, alleys,
and avenues were not, in the opinion of the judge, “post-routes.” Public
streets intersecting a municipal town are as highways distinguishable
specifically from the general public highways of a State beyond the town
limits. The streets are, indeed, as thoroughfares, general public
highways of the State; but, independently of this character of
thoroughfares, the streets are specially _local highways_ of the town.
Internal affairs of municipal towns affecting their local interests
alone are always regulated more or less by their local governments. So
far as these streets over which the mail may be carried are entitled to
be termed “post-roads for the passage of the mail,” there is no
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