The History of the Post Office in British North America

by William Smith

Their opinion was that the rates of internal postage could not be considered as within the exception of duties imposed for the regulation of commerce, but that if they could be so considered, they would by the terms of that act be at the disposal of the province, instead of constituting a part of the revenues appropriated for the general purposes of the empire.

It had been contended, as a question of law, that since the act of 1765, by which the colonial rates were finally determined, was in operation at the time of the declaratory act of 1788, it had not been annulled by the latter act, the language of which was, not that rates then existing should be no longer levied, but that after the passing of the act of 1778, no tax or duty should be levied. But the law officers had no great confidence in the argument. In their own words they were of opinion that "it would not be safe to agitate the question as a question of law with the colony, and if it could be so discussed, it would not succeed, and that it could not be enforced."

The opinion of the law officers could not have been unexpected, but it gave the postmaster general much concern. In a note appended to the decision, he accepted the opinion of the law officers as conclusive. The department, he said, was beaten off its first position, and his view was that a plan should be drawn up by which the post office should relinquish to the provinces any surplus revenue after the expenses were paid, and permit an account of the receipts and expenditures to be laid on the tables of the legislatures. While forced to concede this much the postmaster general was convinced that the appointment of the officers of the department should remain with the crown. Otherwise he foresaw the ruin of the colonies, so far as correspondence was concerned; for the postmaster general and legislature of Upper Canada would be at perpetual strife with the postmaster general and legislature of Lower Canada. However, he concluded that before taking any step in the matter he would consult Goderich, the colonial secretary.

It was not until the following March that the postmaster general saw Goderich respecting the post office. The interview was quite satisfactory. The colonial secretary agreed to the propositions. Legislation would be necessary, and to that end Stayner was called to London to give his assistance.

At this time the government received assurances from an unexpected source that the plan settled upon would be satisfactory to the Canadian people. William Lyon Mackenzie, and Denis Benjamin Viger, representing as they maintained, the body of the public in the two provinces, visited England for the purpose of laying before the government the grievances of the Canadian people.

On reaching London, Mackenzie and Viger wrote to the secretary of the post office, requesting an interview with the postmaster general. The request was refused on the ground that the postmaster general did not feel authorized to communicate with any person but the colonial secretary on colonial matters. The delegates then addressed themselves to Goderich, who cordially invited them to lay their case before him.

Mackenzie, thus encouraged, prepared a statement, which, though long and detailed, was studiously moderate in tone.[221] On all other points of colonial policy, Mackenzie declared, people would be found to differ, but as regards the post office there was absolute unanimity. There must be a change. Stayner himself admitted that the arrangements were imperfect.

The colonial governments were in favour of separate establishments, but Mackenzie was of Stayner's opinion that such would be impracticable. His own belief was that the only feasible scheme would be to bring all the colonies of British North America under one deputy postmaster general, who should be responsible to the postmaster general of England. Mackenzie apparently would be quite satisfied to see the office of deputy postmaster general vested in Stayner, whom he described as a persevering, active officer.

The other suggestions of Mackenzie were in line with the more conservative recommendations of the colonial assemblies. On one subject, however, he expressed himself strongly. He said the packet service between the Canadian provinces and the mother country was so indifferent that it went far to convince Canadians that Great Britain desired as little correspondence with Canada as possible.

As an instance of the inferiority of the packet service, Mackenzie told Goderich that he had shortly before received a letter by the Halifax packet, which was sixty-five days on the way, and which cost five shillings and fourpence-halfpenny for postage, and another by way of New York, which was only thirty-four days in coming, and cost only one shilling and fourpence-halfpenny. The announcement of the arrival of the English mail by the Halifax packet was scarcely heeded, whereas no sooner was it known that the Liverpool mail had arrived from New York than the Montreal post office was crowded. Mackenzie's statement on this point was fully confirmed by Stayner on his arrival in London in June.