It would not be practicable, however, to confine this exemption to invoices accompanying goods, as this would require a knowledge of the contents of letters, which could not be obtained without an intolerable inquisition. Consequently, it has been customary to allow all letters accompanying consignments of goods to be delivered with the goods, without asking whether they relate to the goods or not. But the scope of the exemption is clearly defined, and has never been allowed to include ordinary business letters, not accompanied by goods.
The Virginians, however, were not content to leave their case to the precarious chances of a legal or constitutional argument. They set about neutralizing the post office act by an effective counter measure. A bill was submitted to the legislature which, while it acknowledged the authority of the post office act, imposed on postmasters giving effect to it certain conditions which it was impossible to fulfil, and attached extravagant penalties for the infraction of those conditions. The postmasters were to be fined £5 for every letter which they demanded from aboard a ship—letters of a character which the British statute exempted from the postmaster general's exclusive privilege.
Now every ship's letter bag would contain probably many letters relating to goods aboard the ship, as well as many which were in no way so related. But how was the postmaster to tell the letters accompanying goods from those which did not? Even if the ship's captain assisted to the best of his ability, which was more than doubtful, there would be many letters about which the postmaster could not be certain, and with a £5 penalty for every mistake, his position was not an enviable one.
Another clause in the bill of the legislature of Virginia contained a schedule of hours for every courier. The terms of the schedule were so exacting that compliance with it was impossible. The penalty attached to every failure to observe the hours set forth, was twenty shillings for each letter delayed.[42] As the governor pointed out, the difficulties of travel during the winter season, owing to the number of great rivers to be passed, would subject the postmasters to the risk of a fine for every letter they accepted for transmission at that period of the year.
The bill of 1718, when sent up for the governor's assent, was promptly vetoed; but on the other hand, the intention of the deputy postmaster general to establish a post office in Virginia was not pressed. It was not until 1732, when the governor had relinquished his office, and had himself been appointed deputy postmaster general, that Virginia was included in the postal system of North America.
Even after that date the post office in Virginia was on a somewhat irregular footing, at least in regard to the conveyance of the mails. In a gazetteer published in 1749,[43] it is stated that while regular trips are made by mail courier from Portsmouth to Philadelphia, southward to Williamsburg the courier's movements were uncertain, as he did not set out until there were sufficient letters posted for the south, to guarantee his wages from the postage on them. There was a post office at this period as far south as Charlestown, but the post carriage for that office was still more uncertain.
With the exception of the Virginian contretemps, the period from 1710 until after the middle of the eighteenth century was one of quiescence. Deputy postmaster general succeeded deputy postmaster general; and the annals of their administrations carry little that is interesting. After the retirement of Hamilton in 1721, a change was made in the relations between the deputy postmaster general and the general post office, by which the post office in London was relieved of all expense in connection with the maintenance of the North American postal system.
Hamilton had a salary of £200 a year. But the profits from the post office did not quite cover that amount, as on his withdrawal, there was due to him £355 arrears of salary. In recommending the claim to the treasury, the postmaster general stated that the post office in America had been put on such a footing that if it produced no profit, it would no longer be a charge on the revenue.[44]
The facilities given to the public were not increased during that period. Indeed, in 1714, they were diminished, as the courier's trips between Boston and Philadelphia, which in 1693 were performed weekly throughout the year, were reduced to fortnightly during the winter months, and they remained at that frequency until 1753.
It is obvious that the post office was not used by the public any more than was absolutely necessary, and that every means was taken to evade the regulations designed to preserve the postmaster general's monopoly. Thomas Hancock, in a letter written in 1740, to Governor Talcott of Connecticut, told him that he saved the colony from forty shillings to three pounds every year, through the interest he had with the captains of the London ships, who delivered the letters to him instead of handing them over to the post office.[45]