At the headquarters in Lombard Street it was long feared that, on finding that the reputed mile exceeded the statute mile, those postmasters whose remuneration had been fixed according to the distance over which they carried the mails would claim an increased mileage allowance; but this, to their credit be it said, they never did. Such forbearance, however, had one ill effect. It tended to perpetuate error. For many years afterwards two sets of distances remained in vogue, the one right and the other wrong; the new set applicable to travellers, and the old set to mails and to expresses sent on the service of the State.[49]
The feeling against the Post Office, which had long been gathering force, now displayed itself in a remarkable manner. It had been the constant and uniform practice ever since the Post Office was established to charge letters containing patterns or samples with double postage. To this the merchants now demurred. They did not deny that such letters if weighing as much as an ounce should be charged as for an ounce weight; but they contended that if weighing less than an ounce they should be charged as single and not double letters. This contention was founded on the wording of the Act of Anne, which, after prescribing the postage which "every single letter or piece of paper" not being of the weight of one ounce was to pay, enacted that "a double letter" should pay twice that amount. Was a letter to be charged double because it had in it any enclosure—a sample of grain, for instance, or a pattern of cloth or of silk? or to constitute a double letter must not the enclosure be of paper?
This question the merchants now resolved to try; and accordingly at Bristol, at Manchester, and at Cirencester proceedings were commenced against the local postmasters for demanding and receiving more than the legal postage. It affords striking evidence of the widespread dissatisfaction then existing that in 1753 a practice as old as the Post Office itself should have been challenged for the first time, still more that it should have been challenged at three separate places, distant from one another, simultaneously. The action against the postmaster of Cirencester came on first. It was tried at the Gloucester Assizes before a special jury, when a special verdict was found upon the words of the statute, whether a letter containing a pattern or sample and not being of the weight of one ounce ought to pay double or single postage. The postmasters-general, anxious to avoid a multiplicity of suits, now opened communications with the merchants of Bristol and Manchester. Would it not be well that their suits should be abandoned? One special verdict would serve as well as a hundred such verdicts would do to settle the point of law between the Crown and the subject. Having succeeded in one county, what more could they expect in another? Or what advantage would follow that had not been already secured? These overtures came too late. The merchants were determined to fight to the bitter end. The suits came on both at Bristol and at Manchester; and at each of those places a special verdict was given in almost identical terms with that which had been returned at Gloucester.
Meanwhile the attorneys both in London and the country had passed resolutions to the effect that, if the point of law were decided in the merchants' favour, they would refuse to pay double postage on letters containing writs. The postmasters-general became alarmed. Single instead of double postage on letters containing writs as well as patterns and samples meant, according to the most moderate computation, a reduction of the Post Office revenue by £10,000 or £12,000 a year. This was a serious reduction, and how to prevent it was the question to which the postmasters-general now addressed themselves. It is characteristic of the time that the first expedient they devised with this object was simply to refuse to carry any more letters containing patterns and samples unless the senders of them should agree beforehand to pay double postage. They argued that, in view of the importance to the merchant to have his letters carried, any unwillingness on his part to enter into such an agreement would be easily overcome. A notice to give effect to their intention was already prepared; but before issuing it they took the precaution to consult the Attorney-General. His advice to them was that, admirable as the expedient might be, it was distinctly illegal. Should they, then, bring one of the special verdicts on to be argued in Westminster Hall and abide by the judicial decision? To this the Attorney-General could raise no objection, but he warned them that the decision was pretty sure to be against the Crown. Driven thus into a corner, the postmasters-general adopted a most questionable course. They advocated the passing of an Act which should declare a letter containing any enclosure, even though not of paper and not weighing as much as an ounce, to be a double letter; and this advice was followed. In a bill then before Parliament, having for its object to prevent the fraudulent removal of tobacco, a clause was inserted which effectually prevented the merchants from sending their patterns or samples and the lawyers their writs for single postage.[50]
It would be difficult to conceive a more irritating course. No doubt there was precedent for it. Early in the reign of George the First an Act had been passed enacting that bills of exchange written on the same piece of paper as a letter, and also letters written on the same piece of paper and addressed to different persons, should be charged as distinct letters: and, possibly enough, it might have been difficult to explain why a bill of exchange should pay double postage and not a pattern or a writ. It is also true that the fact of three several judges and three several juries in distant parts of the kingdom having been unable to agree as to the intent and meaning of a statute implied a real doubt. And yet it can hardly be denied that to solve that doubt by the brute force of an Act of Parliament, instead of bringing one of the special verdicts before the Courts to be argued, was a most provoking step. Nor would it have been calculated to appease the merchants if they had known, as the postmasters-general knew, that the entire rates of postage, as they then existed, rested on no legal sanction. The existing rates were imposed by the Act of Anne; and that Act imposed them for a period of thirty-two years, a period which had now expired, and after which it was expressly provided that the former and lower rates were to revive. It is true that early in the reign of George the First a further Act had passed, making perpetual the Post Office contribution of £700 a week to the Exchequer; but by a clumsiness of legislation, which is not unknown even in our own day, the latter Act, while making perpetual both the contribution and the power to levy it, had omitted to re-enact the rates out of which the contribution was to be paid. Virtually, therefore, these rates had lapsed through effluxion of time.
And what during the last forty or fifty years had the Post Office done—done, that is, independently of Allen—to promote the public convenience or to make amends for so much that had given offence? It had done four things, and, so far as we are aware, four things only. It had introduced the contrivance, with which we are all familiar, of external apertures in Post Offices, so that letters could be posted from the outside. It had brought the system of expresses up to a standard which, compared with what it was at the beginning of the century, might perhaps be considered high. It had, indirectly, been the means of eliciting from the Courts of Law an important decision. And it had accelerated the course of post between London and Edinburgh. In 1758 the time which the mail took to accomplish the distance was, at the instance of the royal boroughs, reduced between London and Edinburgh from 87 hours to 82, and between Edinburgh and London from 131 hours to 85.
The date at which apertures on the outside of Post Offices were first introduced is unknown to us even approximately. All we can do is to fix two distant dates at one of which the contrivance existed, and at the other it existed not. On the 3rd of November 1712 Oxford, the Lord Treasurer, received an anonymous letter, and, being anxious to discover the writer, he invoked the assistance of the postmasters-general with a view to ascertain where and by whom it had been posted. Any such inquiry at the present time would be absolutely futile. One hundred and eighty years ago the postmasters-general, after an interval of twenty-four hours, were able to reply not only that the letter had been posted "at the receiving office of Mrs. Sandys, a threadshop two doors within Blackfryars Gateway," but that it had been posted "by a youth of about seventeen years old, in a whitish suit of cloathes, who was without a hat." It is difficult to believe that apertures can have existed then, and that the letter was not posted inside the office. That in 1757 the contrivance had come into existence, though possibly in a rude form, is beyond question. In that year an unfortunate woman was put on her trial for stealing a letter, and the sender was called upon to prove the posting. "On Tuesday the 7th of December 1756," he said, "I put this letter into the Post Office at the house of Mrs. Jeffreys at Bloomsbury, at about nine o'clock at night.... There is a window and a slip to put it into a little box from out of the street. I was not in the house. It is a very narrow box, and I was afraid my letter was gone down to the ground.[51] I asked Mrs. Jeffreys if my letter was safe after I had dropped it into the slip. She said your letter is safe and gone into the box." If the value of a contrivance depended upon the amount of ingenuity displayed in devising it, these apertures would be hardly deserving of mention; but in view of the convenience they afford, this short notice of them may not perhaps be considered out of place.
The Rebellion of 1745, while disarranging the posts, brought into vogue the system of expresses; and this system once established was not long in extending itself. An express cost 3d. a mile, and, no doubt, travelled faster than at the beginning of the century. The roads had since been improved; and it may well be believed that the postmasters, as their custom increased, kept better horses. It was probably the speed of the express as compared with the tardiness of the post which induced the wealthy, about the middle of the last century, largely to employ this mode of conveyance for their letters. It had indeed one drawback, a drawback such as in our own time has attended the use of telegrams. It was apt to excite alarm. "Let me," writes the good-natured Charles Townshend to his sister-in-law, Lady Ferrers, under date September 1759—"Let me now desire you to conclude whenever you receive an express that it brings you good news, for otherwise I shall be obliged to defer one day sending you any such account if it should not come to me on a post day, least the express should alarm you. I should not chuse to detain you one minute from the news I know your heart beats for, and yet I should not chuse to frighten you by the sudden manner of its arrival, for which reason I desire you will remember to receive whatsoever express I send with confidence and as a friend."
But the purpose for which an express might be employed was jealously restricted. A man might employ an express to carry a letter; but woe betide him if he employed the same agency for the purpose of disseminating news. The licensed carriers at Cambridge had recently been prosecuted and the postmasters on the Great West Road taken severely to task for doing this very thing. What are we to think of the intolerable state of bondage in which men were content to live when even the gentle Allen could give the following instruction? "At every stage," he writes to one of his surveyors, "you must forbid the deputies to send any express except to the General Post Office in London, unless it be for His Majesty's immediate service; and all other intelligence must be conveyed either by the common post or particular messenger."
In the middle of the last century, and for about thirty years before and after, the mails were being continually stopped and robbed by highwaymen. The reward which the Post Office offered on these occasions for the apprehension of the robber was invariably £200, this being in addition to the reward of £40 prescribed by Act of Parliament; and if the robbery took place within five miles of London, there was a third reward of £100 by proclamation. Numerous and diverse as the robberies[52] were, there is only one of which we propose to speak; and in this case an exception may well be made on account of the important decision which it was the means of evoking from the Courts. A highwayman had stopped the Worcester mail at Shepherd's Bush and rifled it of its contents. Finding himself in possession of a large number of Bank of England notes he adopted a novel expedient for disposing of them. He hired a chaise and four and proceeded along the Great North Road as far as Caxton, passing the notes as he went; and in order to give himself a wider field of operations he took the precaution of going one way and returning another. To Caxton he went through Barnet, Hatfield, Stevenage, and Bugden, and he returned by way of Royston, Ware, and Enfield. Except at Barnet, which was probably thought to be dangerously near to London, there was hardly a postmaster along the whole line of road who had not one or more of the notes passed upon him. The question now arose who was to bear the loss,—the person by whom the notes had been sent by post or the postmasters who had changed them into cash. At the present time the law on the subject is so well ascertained that no doubt could exist as to the answer; but such was not then the case. In order to try the point, it was arranged that the notes should be stopped, and that the sender of them should bring an action against the Bank of England to recover their value. The trial came on before the King's Bench in 1758, and, after learned pleadings on both sides, the Lord Chief Justice pronounced the decision of the Court. This was that any person paying a valuable consideration for a bank note to bearer in a fair course of business is unquestionably entitled to recover the money from the Bank.