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 law officers gave the case the attention its importance called for.
It appeared, they stated, to involve practical considerations of the
highest political importance, bringing directly into question the
principle of the declaratory act of 1778, respecting internal taxation
of the colonies by the mother country.
Their opinion was that the rates of internal postage could not be
considered as within the exception of duties imposed for the regulation
of commerce, but that if they could be so considered, they would by the
terms of that act be at the disposal of the province, instead of
constituting a part of the revenues appropriated for the general
purposes of the empire.
It had been contended, as a question of law, that since the act of 1765,
by which the colonial rates were finally determined, was in operation at
the time of the declaratory act of 1788, it had not been annulled by the
latter act, the language of which was, not that rates then existing
should be no longer levied, but that after the passing of the act of
1778, no tax or duty should be levied. But the law officers had no great
confidence in the argument. In their own words they were of opinion that
"it would not be safe to agitate the question as a question of law with
the colony, and if it could be so discussed, it would not succeed, and
that it could not be enforced."
The opinion of the law officers could not have been unexpected, but it
gave the postmaster general much concern. In a note appended to the
decision, he accepted the opinion of the law officers as conclusive. The
department, he said, was beaten off its first position, and his view was
that a plan should be drawn up by which the post office should
relinquish to the provinces any surplus revenue after the expenses were
paid, and permit an account of the receipts and expenditures to be laid
on the tables of the legislatures. While forced to concede this much the
postmaster general was convinced that the appointment of the officers of
the department should remain with the crown. Otherwise he foresaw the
ruin of the colonies, so far as correspondence was concerned; for the
postmaster general and legislature of Upper Canada would be at perpetual
strife with the postmaster general and legislature of Lower Canada.
However, he concluded that before taking any step in the matter he would
consult Goderich, the colonial secretary.
It was not until the following March that the postmaster general saw
Goderich respecting the post office. The interview was quite
satisfactory. The colonial secretary agreed to the propositions.
Legislation would be necessary, and to that end Stayner was called to
London to give his assistance.
Public-domain text, read in full here on John Shaqi.
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