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 house of assembly argued that this act, which by later acts was
declared to be in force in Canada, applied to the people of England,
Ireland and colonies of North America and in the West Indies. The word
"public," therefore, being used without limitation, or qualification,
could not signify exclusively the people of Great Britain and Ireland,
or of the colonies. On the contrary, being equally applicable to all who
were within the purview of the act, it designated the people of all the
dominions of the crown in which the postal revenue was to be levied. The
statute thus carried on the face of it a parliamentary declaration that
the colonies were entitled to a share of the post office revenues, and
it enacted, by implication, that the amount of the share should be
determined by parliament at some future period.
Here followed a novel and ingenious application of the statute of 1778,
which was enacted for the purpose of conciliating the colonies by
conceding the point at issue between them and the mother country.
The assembly stated that by this act it was declared that, for the
peace and welfare of His Majesty's dominions, the net produce of all
duties, which after the passing of that act were imposed by parliament
upon the colonies, should be applied to the use of the colony in which
it is levied. Unlike the assembly of Upper Canada, the assembly of Lower
Canada did not maintain that the act of Queen Anne was annulled by the
act of 1778.
It will be remembered that the British post office rested its claim to
collect the colonial postages on Queen Anne's act with its amendments,
while the Upper Canada assembly asserted that the act of 1778, which was
made part of the constitutional act of 1791, deprived the British
government of any right it formerly had to impose a tax on the colonies.
The Lower Canadian house of assembly made another use of the act of
1778. It submitted that, so far as postal revenues were concerned, it
was the complement of the act of Queen Anne. The earlier act, in the
view of the assembly, left the amounts of the shares of the postal
revenues to which the colonies were entitled, to be determined by a
future act of parliament, and the act of 1778 had this effect, if not in
the letter, at least in its spirit; and consequently Lower Canada, as
one of the colonies had a fair and equitable claim to the net produce of
the post office revenue levied within the province, after deducting the
expenses of the post office established therein.
Public-domain text, read in full here on John Shaqi.
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