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
Stayner, when informed of the opinion of the law officers, was not
disposed to acquiesce in it as readily as the postmaster general had
done. Colonial lawyers, always more imperial and more conservative than
the Eldons and Lyndhursts in London, had assured him that the necessity
of imperial control of the colonial post office was the strongest reason
for believing that parliament never intended to divest itself of the
power by the act of 1778. The conviction of the necessity of imperial
control was held by all persons qualified to have an opinion, and,
Stayner declared, by the legislatures themselves.
The firm belief of Stayner was that, if the imperial parliament failed
to legislate on the present critical situation then they must give up
all idea of ever having the question settled. The several colonies could
never be brought to concur in their views on this or any other subject.
They knew this, and did not ask to have the matter submitted to their
own legislation.
Stayner certainly overstated the reluctance of the legislatures to deal
with the question of the provincial post office. But, as his opinion had
the support of so ultra a radical as Mackenzie, the postmaster general
could not be blamed for accepting, and, as far as possible, acting upon
it.
There was, however, a difficulty. Indeed, the way back into right
courses seemed beset with difficulties. The postmaster general was quite
willing to furnish the legislatures with annual statements of the
revenue and expenditure, to leave with the colonies all surplus
revenues, and to satisfy all the reasonable desires of the provinces.
But by what steps should he proceed, to legalize the course he proposed?
If the necessary legislation could be enacted by the imperial
parliament, all would be well. With a free hand, he would have no
trouble in satisfying all the interests concerned. But if the bills had
to originate with the provincial legislatures, the postmaster general
would despair of bringing the matter to a successful conclusion, as he
was convinced that the requisite action on the part of the several
provincial legislatures would never be taken. The postmaster general
again turned to the law officers. It was essential that they be
consulted on the question.
The points on which opinion was desired were two. The first was whether,
without any further authority of parliament, the surplus of any postal
revenue raised within the colonies under the act of 1765, could be
appropriated and applied under the direction of the respective
legislatures for the use of the province in which such surplus might
arise.
The second was whether it would be competent for the British parliament
to fix a new set of rates for the colonies, or whether the acts of 1778
and 1791 made it necessary that the authority for such rates should
proceed from the respective colonial legislatures.
Public-domain text, read in full here on John Shaqi.
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