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
That some changes were necessary Stayner was quite convinced. The
postage on newspapers, for instance, could not long remain in its
present position, as regards either the amount of the charges or the
mode in which the revenue therefrom was disposed of. As for the request
of the legislatures that newspapers should be distributed by the post
office free of charge, there seemed no sound reason why this should be
done. A moderate rate should be fixed, and some arrangement made for the
disposal of the revenue from this source. The present plan aroused
dissatisfaction, and indeed the amount collected was fast becoming too
large to be appropriated in the existing manner.
The postmaster general expressed his satisfaction with Stayner's report,
and indeed it appeared at that moment to be of more than usual
consequence to him that the colonies should be well affected towards the
post office.
It will be remembered that when the Baldwin report reached England in
1821, the postmaster general was sufficiently impressed with the cogency
of the argument against the legal standing of the British post office in
the colonies, to call for the opinion of the law officers upon it. When
the case was prepared by the solicitor for the post office, it was still
more impressive, and the postmaster general thought better of his desire
to have a definite opinion upon it, as it appeared more than probable
that the opinion might be against the post office. He accordingly
directed that the papers should be put away, and they lay undisturbed
for eleven years.
But the repeated remonstrances of the colonial assemblies, joined to the
rising dissatisfaction with the general political conditions in Upper
and Lower Canada, made it desirable to remove any real grievances which
might be found to exist in the control and management of the postal
system.
The first step taken in this direction was to ascertain whether there
was any foundation for the contention of the assemblies that the whole
system rested on an illegal basis, and that the revenues collected by
the post office in the colonies were taken in violation of the
fundamental principle governing the relations between the mother country
and the colonies.
The case was accordingly submitted to the attorney general and the
solicitor general in 1832; and on the 5th of November of that year a
decision was given, upholding the colonial contentions on all
points.[220]
The questions upon which the opinions of the law officers were required
were (first) whether the power to establish posts, and the exclusive
right to the conveyance of letters given by the acts of 1711 and 1765,
had the force of law in the Canadas, and (second) whether the postage
received for the inland conveyance of letters within those provinces
ought to be paid into the exchequer and applied as part of the revenue
of the United Kingdom, or whether it ought to be devoted to the use of
the province in which it is raised.
Public-domain text, read in full here on John Shaqi.
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