The History of the Post Office, from Its Establishment Down to 1836Joyce, Herbert
History
The History of the Post Office, from Its Establishment Down to 1836
Joyce, Herbert
Postal service -- Great Britain -- History
The case came on before the Court of King's Bench in Michaelmas term
1774. Lord Mansfield, the Lord Chief Justice, was the first to deliver
judgment. He was surprised, he said, the several Acts being so ambiguous
and the usage so contradictory, that the Post Office had not applied to
Parliament to explain the matter. That was the view of the Court when,
in the other cases, it avoided the general question. He never liked to
avoid general questions, for to decide them tended to prevent further
litigation; but an important question of this kind, arising out of Acts
that had "not yet spoke," and, whichever way it might be decided,
involving more or less inconvenience, was essentially one for
Parliament. And in the Bath case there were grounds on which the general
question could, without impropriety, be avoided. There the postmaster
when delivering a letter had demanded a certain sum as a duty. Now, a
duty it certainly was not. If on the delivery of a letter Parliament had
intended to impose a duty, it would have fixed the amount and made it
part of the Post Office revenue; and not have left every postmaster free
to fix what amount he pleased or might prevail upon people to give. And
what a monstrous inconvenience it would be if every one had to go to the
Post Office to fetch his own letters! How could the Court have laid down
such a proposition as that? The thing was impossible. And it must be
remembered that there could be no middlemen--men between the inhabitants
and the postmaster--who for gain could set up an office to distribute
the letters, because by law the postmaster could not deliver them except
to the persons to whom they were addressed. These were the
considerations which in the Bath ease induced him to avoid the general
question, and he had been glad to feel able to do so, never doubting
that the postmasters-general would apply to Parliament for a
determination; but this, unfortunately, they had not done. Then there
was the Gloucester case. He remembered it well. There the question was
not whether there should be a free delivery, for at Gloucester letters
had always been delivered free, but whether certain houses should fall
within the limits of that delivery. All that the Court then decided was
that in the case of these houses, forming as they unquestionably did a
part of what was known as the town of Gloucester, the Post Office could
not depart from its own practice. But the present case was different.
Here the contention was that in the town of Hungerford there was not a
single house at which the Post Office was required to deliver letters
without being paid for it. Practically, no doubt, it was the Bath case
over again; but the Court could not well avoid the general question a
second time. The Post Office, in effect, sought to impose a duty; and
this, he said it emphatically, the Post Office had not the power to do
without the authority of Parliament, which authority had not been given.
Public-domain text, read in full here on John Shaqi.
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