The History of the Post Office in British North America

by William Smith

Stayner, when informed of the opinion of the law officers, was not disposed to acquiesce in it as readily as the postmaster general had done. Colonial lawyers, always more imperial and more conservative than the Eldons and Lyndhursts in London, had assured him that the necessity of imperial control of the colonial post office was the strongest reason for believing that parliament never intended to divest itself of the power by the act of 1778. The conviction of the necessity of imperial control was held by all persons qualified to have an opinion, and, Stayner declared, by the legislatures themselves.

The firm belief of Stayner was that, if the imperial parliament failed to legislate on the present critical situation then they must give up all idea of ever having the question settled. The several colonies could never be brought to concur in their views on this or any other subject. They knew this, and did not ask to have the matter submitted to their own legislation.

Stayner certainly overstated the reluctance of the legislatures to deal with the question of the provincial post office. But, as his opinion had the support of so ultra a radical as Mackenzie, the postmaster general could not be blamed for accepting, and, as far as possible, acting upon it.

There was, however, a difficulty. Indeed, the way back into right courses seemed beset with difficulties. The postmaster general was quite willing to furnish the legislatures with annual statements of the revenue and expenditure, to leave with the colonies all surplus revenues, and to satisfy all the reasonable desires of the provinces. But by what steps should he proceed, to legalize the course he proposed?

If the necessary legislation could be enacted by the imperial parliament, all would be well. With a free hand, he would have no trouble in satisfying all the interests concerned. But if the bills had to originate with the provincial legislatures, the postmaster general would despair of bringing the matter to a successful conclusion, as he was convinced that the requisite action on the part of the several provincial legislatures would never be taken. The postmaster general again turned to the law officers. It was essential that they be consulted on the question.

The points on which opinion was desired were two. The first was whether, without any further authority of parliament, the surplus of any postal revenue raised within the colonies under the act of 1765, could be appropriated and applied under the direction of the respective legislatures for the use of the province in which such surplus might arise.

The second was whether it would be competent for the British parliament to fix a new set of rates for the colonies, or whether the acts of 1778 and 1791 made it necessary that the authority for such rates should proceed from the respective colonial legislatures.

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.