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
With the aid of the documents produced, the O'Callaghan committee
managed to elicit from Stayner a fairly complete statement of the
position of the post office in the Canadas in 1834-1835. Asked as to his
authority for appropriating to his own use the proceeds of the newspaper
postage, he was unable to point to it. But he stated that he knew it had
been repeatedly recognized by the head of the department in London, and
he had never considered it incumbent upon him or even proper to inquire
into the date or form of the authority.
To a committee convinced that everything appertaining to the post office
bore the marks of illegality, this answer could not be satisfactory.
Stayner was consequently next asked whether he considered that any
usage, precedent or custom could give him a right to tax any portion of
His Majesty's subjects without the express consent of parliament. To
this he replied in the negative, but added that he never doubted that
the postmaster general, in permitting his deputy in Canada to send
newspapers through the post for a compensation to himself, was borne out
by law.
What the statute was which the postmaster general held to be his
authority, Stayner could not, with confidence, say. But it occurred to
him that it might be an act passed in 1763,[247] which confirmed certain
officers attached to the principal secretaries of state and to the
postmaster general, in the privilege which they long enjoyed of franking
newspapers and other printed matter.
As a matter of fact, this was the statute cited by the postmaster
general when required to produce his authority for allowing Stayner and
other deputies to treat the proceeds from newspapers as their
perquisites, and as we consider this act, we may admire the prudence
with which Stayner declined an argument as to its sufficiency as
authority for the practice.
Stayner was on firmer ground when he pointed out that the post office
act had made no provision for the conveyance of newspapers, and that, as
things stood, the only alternatives before the publishers were to pay
the prohibitive letter rates on their newspapers, or to come to terms
with him, under the permission of the postmaster general.
The committee were loath to leave this controversial advantage with
Stayner and asked him whether, since the newspapers were carried in the
mail bags, he paid from the newspaper postage any part of the mail
couriers' wages. He said he did not, and then committed himself to the
extraordinary proposition that it cost nothing to carry newspapers
because they were in the same bags with the letters. The committee did
not waste any time arguing such a point as that, but called the
contractor for the conveyance of the mails between Montreal and Quebec,
who testified that if he were relieved of the newspapers, he could carry
the mails on horseback, at a saving of L200 a year.
Public-domain text, read in full here on John Shaqi.
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