The History of the Post Office in British North America

by William Smith

What measure of truth there was in Goddard's statements we have no means of ascertaining. But there was no doubt that the charge might be true, without the post office exceeding its legal rights. The fact was that newspapers had no special legal standing under the post office act.

That act was passed in 1710, when newsletters in manuscript were in service and newspapers were too few and unimportant to engage the attention of the post office or of parliament at the time the law was being framed. Consequently no express provision was made for them in the act. If newspapers were to be carried by the post office under the authority of the act, it could only be by treating them as letters, and a glance at the scale of charges will show the impossibility of newspapers bearing so burdensome a tax.

The newspapers of that day were inconsiderable in size compared with those that are now published, but few even at that time would weigh less than an ounce, and an ounce letter passing between New York and Philadelphia called for a postal charge of three shillings or seventy-two cents. This sum was the lowest charge in the scale for ounce letters passing between any two places of importance in America.

Clearly newspapers could not circulate by means of the post office if they were to be regarded as letters. But as they were not mentioned in the act, newspapers had at least the advantage of not being subject to the postmaster general's monopoly. Publishers were free to turn to account any means of conveyance that happened to be available, for the distribution of their newspapers. Unfortunately, however, this freedom was of little benefit at that period, as there were no courier services regularly operating between the towns in America.

There was nothing for it but for publishers to take advantage of the postal system if this were at all possible, and the possibility appeared through one of those curious devices, which are the derision of logical foreigners, but which afford a means of escape from the inconveniences of a law, which it is not desired to alter at the time.

In England, where the situation of newspaper publishers was the same as it was in America, the privilege of franking newspapers for transmission through the mails was conferred upon certain officials of the post office, called clerks of the road. Clothed with this privilege the clerks of the road bargained with publishers for the conveyance of their newspapers in the ordinary mails, and put the proceeds into their own pockets.

It was a practice that was not regarded as in any way irregular. The post office was quite aware that its vehicles were being used for the conveyance of newspapers, from which it received no revenue, and it congratulated itself that it had hit upon a contrivance for serving the public without having to tamper with the act under which it operated.

The privilege of franking newspapers, which was enjoyed by the clerks of the road in England, was also conferred upon the deputy postmasters general in America, and colonial newspapers were distributed by the post office under arrangements similar to those described. While the act itself made no provision for the conveyance and delivery of newspapers, this peculiar plan offered great advantages to the publisher.

There was, however, one serious objection to it. Not resting on the law, but on the good will of those in authority, it could be terminated at any time, and the post office might legally charge sums as high as the postage on letters for the conveyance of newspapers. With this power in its hands the post office had complete control over the fortunes of newspaper publishers. If for any reason it desired to suppress a newspaper, all that was necessary was to cancel the special arrangement between the deputy postmaster general and the publisher, and leave to the latter the option of paying letter rates or of finding some other means of conveyance.

Whether this power was exercised in Goddard's case, is not known; that it would be, if considered necessary, is beyond doubt. In 1737, the clerks of the road in England were directed to take particular care that no newspapers were sent by the post office which contained reflections on the government,[87] and to assure themselves on the point, they were to send no newspapers into the country at all, except such as were purchased from a single dealer named in the order, whose loyalty and judgment were not open to question. The possession of this power by the government was quite sufficient to arouse reasonable apprehensions.