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
In view of the attention which the house of assembly had been giving to
the revenues of the colonial post office, and of the doubt which had
been suggested as to the right of Great Britain to receive those
revenues, the colonial secretary thought it possible that the
enforcement of those rights at that time might embarrass the governor
general by giving the assembly an additional ground for contention with
the mother country. He, therefore, had given directions that the deputy
postmaster general should communicate with the governor general on the
subject, and should not institute proceedings without the full
concurrence of the latter.
The deputy postmaster general was instructed in this sense in September
1820, and matters remained in abeyance until 1826, when the deputy
postmaster general, presumably with the concurrence of the governor
general requested the opinion of the attorney general of Lower Canada on
the subject. The attorney general, James Stuart (afterwards Sir James)
advised that the right of the post office was clear, and he conceived
that there should be no difficulty in recovering pecuniary penalties for
the infringement of the postmaster general's privilege.
But no action was taken on this opinion. The relations between the
provincial governors and the assemblies were becoming more strained as
time went on, and the governor general had no desire to augment the
grievances of the assemblies by introducing irritating matters, in which
the right of the home government might with reason be held to be
disputable.
FOOTNOTES:
[190] In course of debate in assembly, December 16, 1825 (Report in
_Colonial Advocate_).
[191] _Journals, House of Assembly_, March 1, 1820.
[192] _Can. Arch._, Br. P.O. Transcripts, III.
[193] _Can. Arch._, Br. P.O. Transcripts, III.
[194] _Ibid._
[195] _Can. Arch._, Q. 278, p. 44.
[196] _Journals of Assembly_, U.C., 1821.
[197] _Imperial Statutes_, 9, Anne, c. 10.
[198] _Ibid._, 41, Geo. III. c. 7.
[199] _Ibid._, 18, Geo. III. c. 12.
[200] _Imperial Statutes_, 14, Geo. III. c. 88.
[201] _Can. Arch._, Q. 332, p. 95.
[202] Freeling to S. R. Lushington, June 3, 1822 _(Can. Arch._, Q. 162,
p. 165).
[203] _Journals of Assembly_, U.C.
[204] _House of Assembly_, December 16, 1825 (Report of the _Colonial
Advocate_).
[205] _Can. Arch._, Q. 340, p. 49
[206] Freeling to Horton, July 25, 1826 (_Can. Arch._, Br. P.O.
Transcripts, II.).
[207] Afterwards Earl of Ripon: well remembered in Canada as Viscount
Goderich.
[208] October 3, 1826 (_Can. Arch._, Br. P.O. Transcripts, II.).
[209] _Can. Arch._, Q. 180, p. 258.
[210] Freeling to Goulborn, December 29, 1819.
CHAPTER IX
Thomas Allen Stayner deputy postmaster general--Restrictions
of general post office relaxed--Grievances of newspaper
publishers--Opinion of law officers of the crown that
postmaster general's stand is untenable--Consequences.
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