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
Furthermore, since the post office act of 1710 was imposed on the
colonies without their consent, and since Franklin's good management had
enabled him to pay all the expenses of the service and send a
considerable surplus to England for some years past, it is plain that to
the extent of the yearly surplus the colonies had been subject to a tax
laid on them without their consent, and that Franklin himself was the
tax gatherer. This was undoubtedly where the point lay in the question
which was asked of Franklin.
Franklin's views on the constitutionality of the post office charges
were part and parcel of his views on taxation generally. For instance,
he drew a clear line of distinction between a tax on imported goods and
an internal tax such as the stamp act. A duty on imported goods it was
permissible for parliament to impose on the colonies, while an internal
tax could not properly be levied without consent.
The stamp act required that all commercial and legal documents and
newspapers should be written or printed upon stamped paper which was
sold by agents of the government at varying prices prescribed by the
law. As this was a tax which could not be avoided so long as men carried
on their business in the ordinary way and by the ordinary means, it was
one for which the consent of the colonies was necessary.
An import tax stood on a different footing. It was simply one of the
elements entering into the price of the goods imported. If people
objected to the price as enhanced by the tax, it was open to them to
decline to buy the goods. A tax of this sort was in Franklin's view
quite within the powers of the sovereign state.
The ultimate test applied by Franklin to determine whether a tax could
in a given case be constitutionally imposed, was whether or not there
was a legal mode of escape from the tax. If the tax were an avoidable
one, it was constitutional, since submission to it implied consent. If,
on the other hand, the tax were one which from the necessities of the
case could not be avoided, it ought not to be imposed until it had been
assented to by the people.
Opinions may differ as to which of the two classes the application of
the test would place postal charges in. They constituted a tax beyond
any question since they turned into the government a surplus of revenue
after all expenses had been met. Whether they were to be regarded as an
avoidable tax to be paid or not as one cared to employ the services of a
post office or not, or whether as a tax which the circumstances of the
community made it necessary to accept, will depend on one's views as to
whether a post office is indispensable to the community.
Public-domain text, read in full here on John Shaqi.
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