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
Both of these questions were answered adversely to the hopes of the
postmaster general.[222] The law officers had no doubt that the act of
1778 was applicable to the Canadas, and that, if objections were raised
in the provinces to the payment of postages fixed by the British
parliament, whether by the act of 1765 or by an act to be thereafter
passed, the legality of the charges could not be maintained, nor could
payment of them be enforced in the absence of authority from the
legislature of the province concerned.
The proper procedure to be followed, in the opinion of the law officers,
was for the British parliament to repeal the act of 1765, and leave it
to the provinces to establish a new set of rates. The law officers were
aware of the difficulties which would arise, if after the act of 1765
had been repealed, the colonial legislatures failed to agree on a scheme
of rates or on the necessary arrangements for a uniform postal system
throughout the provinces. In such a case, there would be a period in
which there would be not even the semblance of legal authority for the
postal service within the colonies.
After a further interchange of correspondence between the postmaster
general and the law officers, it was decided to introduce into the
imperial parliament a bill repealing the act of 1765, but making the
operation of the bill contingent upon suitable legislation being adopted
by the legislatures of the several provinces. In order to facilitate the
passage of identical legislation by each of the legislatures, a draft
act was prepared by the solicitor of the general post office, and a copy
was sent to the lieutenant governor in each of the provinces for
submission to his legislature.
The act of the imperial parliament was passed and received the king's
assent on the 26th of March, 1834.[223] It contained but two clauses.
The first provided for the repeal of the imperial act of 1765, so far as
that act authorized the collection of postage in the colonies, but
stipulated that it should not become operative until acceptable
legislation had been adopted in the several provinces, authorizing the
collection of postage and making suitable arrangements for a postal
service throughout the provinces.
The second clause stipulated that, in the event of the revenues from the
colonial post offices exceeding the expenditures, the surplus should no
longer be sent to London to form part of the revenues of the United
Kingdom, but should be divided among the several colonies in the
proportion of their gross revenues.
The draft bill, prepared by the solicitor of the general post office,
provided for a complete postal system in each of the provinces.[224]
Under this bill, the postmaster general at St. Martin's-le-Grand was to
be the head of each provincial system, and the appointment of a deputy
postmaster general in each province, who should reside in the province
and manage the system therein, was to be in his hands.
Public-domain text, read in full here on John Shaqi.
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