The History of the Post Office in British North AmericaSmith, William
History
The History of the Post Office in British North America
Smith, William
Canada. Post Office Department; Postal service -- Canada -- History; Postal service -- Great Britain -- Colonies
The second of the two acts--that of 1801--repealed all the rates of
postage enacted by the act of 1710, and fixed new rates for Great
Britain, but made no mention of new colonial rates. Hence, since 1801,
there had been no colonial postage rates having the sanction of law, and
the committee concluded that the colonies were designedly omitted, when
the rates for Great Britain were fixed by the act of 1801, for the
reason that the act of 1778 supervened, which made it illegal for the
British parliament to impose a tax on a colony for the financial benefit
of Great Britain.
The committee admitted that it was a matter for argument whether the
unrepealed parts of the act of 1710 might not be held applicable to
Canada, but conceding the whole argument on this point, the utmost power
remaining in the act was to authorize the establishment of a postal
system in Canada. All power to fix the postal charges was taken away by
the act of 1801.
As for the act of 1801, which established a scale of rates, by no
liberality of construction could it be made to apply to Canada, because
the act of 1778 was against it, and the constitutional act of 1791 was
against it, and the fact that the revenues to be raised by the act were
to be appropriated to the purposes of the United Kingdom made it illegal
for the postmaster general to enforce it in the province.
There were other acts passed by the imperial parliament affecting the
postage rates, but an examination of these disclosed no intention to
make the acts operative in the colonies. Rates were fixed for conveyance
in the United Kingdom, and to and from the colonies in America, but
nothing was said as to the rates within the colonies. It was quite clear
to the committee, therefore, that the only acts, which by any
possibility could be made applicable to the colonies, were inoperative
in the Canadas.
The committee clinched the argument by a survey of the laws passed by
the British parliament, levying taxes on the colonies. They showed that
whenever such taxes were imposed, the proceeds were never applied to the
purposes of the United Kingdom, but always to the use of the colony
concerned. There was an act passed in 1764 imposing duties on the sugar
plantations. The revenue was devoted to the protection of their trade.
The Quebec revenue act of 1774[200] was the other case. This act imposed
duties on rum, brandy, and other liquors coming into the province, and
employed the proceeds for the establishment of a fund to aid in
defraying the charges of the administration of justice and of the civil
government in the province of Quebec. It was clear, then, that the acts
of 1778 and 1791 contained no new principle, but were simply declaratory
of the steady policy of the British government as disclosed by a review
of its earlier practice; and everything combined to satisfy the
committee that the legislature of the mother country never contemplated
the raising of a tax by inland postage in the colony of Upper Canada.
Public-domain text, read in full here on John Shaqi.
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