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 four acts were sent to London, and laid before the king in council,
as all colonial acts were. The acts of New York, Pennsylvania and New
Hampshire passed council and became law. On the advice of the governors
of the post office, the Massachusetts act was disallowed.[17]
The grounds for the discrimination against Massachusetts are difficult
to understand. The Massachusetts act undoubtedly contained departures
from the terms of the patent. But they were such departures as might be
expected when an act is drawn up, by a person unlearned in the law, who,
having the patent before him, aims at substantial rather than at literal
conformity therewith. There can be no question that the drafts presented
to the several assemblies were prepared by one person. Their practical
identity establishes the fact.
There can be equally little doubt that the draftsman was Hamilton
himself. The governors of the post office, who framed the
objections,[18] noted first that the patent provided that the
appointment of Neale's deputy should, at his request, be made by the
postmaster general; whereas the Massachusetts act appeared to appoint
Andrew Hamilton postmaster general of the colonies, independently of the
postmaster general of England, and not subject to the patent.
The patent required Neale to furnish accounts at stated intervals to
enable the treasury to establish the profits from the enterprize. It
also stipulated for the cancellation of the patent in certain
eventualities. Both these terms are omitted from the act. Insufficient
care was taken in safeguarding the post office revenue, and no
provision was made for a successor in case of the removal of Hamilton
from his position.
The points to which the post office drew attention were, as will be
seen, far from wanting weight; and if they had not been pressed against
the Massachusetts bill alone, would have excited little comment. But the
Massachusetts general court noted and resented the discrimination. When
Neale was informed of the disallowance, he begged the governors of the
post office to prepare a bill which they would regard as free from
objections, and to lend their efforts to have it accepted by
Massachusetts.[19]
A bill was drawn up; and Lord Bellomont, the governor of New England,
was instructed to invite the favourable consideration of the
Massachusetts legislature to it.[20] The bill was laid before the
general court on June 3, 1699, and it was ordered to be transcribed and
read.[21]
Five days later it came up for consideration, but it was resolved that
the committee on the bill should "sit this afternoon,"[22] and it
appeared in the assembly no more. The rejection of the bill, however,
was of little or no practical consequence. The post office was too great
a convenience to be refused; and so it was established and conducted as
if the bill were in operation, except that it had no monopoly in that
colony.
Public-domain text, read in full here on John Shaqi.
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