The History of the Post Office in British North America

Canada-Serious abuses-Agita

st office towards all propositions for the extension of the postal system in Canada, it will be obvious that a

s in the same manner as any commercial monopoly would be exercised. Post offices were opened in all the better settled parts of the country, where they co

nce far from the line of post offices which skirted the shores of the St. Lawrence and lake Ontario, an

frequently expensive to open new routes, and the provincial government of Upper Canada was disinclined to give guarantees against loss on partic

pper Canada at this time, with a view of the post offices provided for the accommodation of the several parts. We are

were twenty-six post offices. Four of these-Perth, Lanark, Richmond and Hawkesbury-served inland settlements, the nearest of which was over twenty-five miles from the St. Lawrence. The li

a district about fourteen miles in length, and between twenty and thirty miles in depth. The mails were carried twice a week over this route. These arrangements gave a fa

embracing the territory between lake Ontario and lake Erie, and lying west of a line dropped perpendicularly from Hamilton to lake Erie, contained a

-Queenstown-on its eastern border. Although there were settlements in every part of the district, there was not a single post office with

London district. This district was an immense irregular block made up of the counties of Middlesex, Oxford, Brant, Norfolk and Elgin. It measured eighty miles in

fices on the lake Erie shore-Vittoria and Port Talbot-were sixty miles apart; while

ddlesex in the house of assembly, stated[190] that before the post office was opened at Delaware, he had made application to the deputy postmaster general for a post office in Middlesex county, an

foregoing review of the state of the postal service. More serious aspects of the case engaged their attention. Men on the streets and in farm houses believed that they were victims of impositi

imposed on a self-governing community an institution like the post office, which not only fixed its charges without reference to the peop

in Canada, were collected under the authority of an act of the imperial parliament passed in 1765. This act a

if the distance the letter was carried did not exceed sixty miles; if the distance were from sixty to one hundred miles, the charge

Upper Canada. On February 29, 1820, William Allan, postmaster of York, was called to the bar of the hous

o him. The house asked one of its members, Mahlon Burwell, a land surveyor, to state the several distances, whe

St. Catharines, Niagara and Queenston, the legal charge was sevenpence-Allan charged tenpence. Amherstburg, which was at the western limit of the prov

ears past the rates of postage charged in Upper Canada had exceeded the charges authorized by law, and that

, Freeling, the secretary of the general post office, admitted, in reply[192] to the postmaster general's request for information, that the

governor in 1800, which contained an undertaking on the part of the lieutenant governor that, in case there was a deficit, the amount of the shortage would be made good either from the contingencies of the province, or by a

engagement was to make good deficits, not by allowing illegal postal charges to be made, but by withdrawing the amount

Montreal, which was coupled with an offer to pay such extra postage as would be necessary to cover the cost of the service desired. F

general that he had arranged to have the American postage on letters coming from the United States to Canada collected by postmasters in Canada, at the same time as they collected the Canadian postage. Freeling objected

ration of the more vital questions, as to "how far the present system is sanctioned by law, and whether and in what manner the same can be benefic

British government by express enactment, retained the management of it in the hands of the British post office, paying over to the local government all surplus revenues arising th

ore the assembly.[196] The committee had little help from the post office in pursuit of its inquiries. The only official available, the

stmaster general, but had no idea as to the authority under which the latter acted. He had never been referred to any particular statute for his guid

n of the secretary of the general post office, that the offices in that part of the country were conducted at a loss. The post

ey were satisfied that there was remitted each year to the deputy postmaster general at Quebec an amount exceeding ￡2500, of which perha

to the other postal administrations was probably more than ￡2000. Allan believed, though he was unable to give it as a fact, that the

venue of the general post office in London, the committee then sought to ascertain how the revenue of the

ffice was applied in various specified ways to the service of Great Britain, the postal rates being avowedly levied for raising the necessary supplies, and for making

its post office, and that this sum was applied, not for the benefit of Upper Canada, but for the purposes of th

n by the parliament of Great Britain in any of the colonies and plantations in North America and the West Indies." It declared that the king and parliament would not impose any duty,

rom them should be paid over to the colony in which they were levied, to form part of the general revenue of such colony. This seems sufficiently explicit, but that there might be no doubt as to the applicability of

laws for the regulation of commerce, but there was also the same stipulation that the proceeds from such laws should be applie

committee were of opinion that the collection of postage could not be regarded

xclusive right to carry letters within the province, there was one thing the British government could not properly do. While the constitutional act of 1791 remaine

establishing a post office in Canada, they could not prevail against the acts which have been considered, the committee next gave

10, which was the charter for the post office in British America, was dismissed from consideration as not even by its own provisions applying to the

since 1801, there had been no colonial postage rates having the sanction of law, and the committee concluded that the colonies were designedly omitted, when the rates for Great Britain were f

applicable to Canada, but conceding the whole argument on this point, the utmost power remaining in the act was to author

the act of 1778 was against it, and the constitutional act of 1791 was against it, and the fact that the revenues to be raised by the ac

he colonies. Rates were fixed for conveyance in the United Kingdom, and to and from the colonies in America, but nothing was said as to the rates within the colonies.

whenever such taxes were imposed, the proceeds were never applied to the purposes of the United Kingdom, but always to the use of the colony

he administration of justice and of the civil government in the province of Quebec. It was clear, then, that the acts of 1778 and 1791 contained no new principle, but were simply declaratory of the steady policy of the British governm

letters within the province had grown into use without the sanction of law, and that a bill should be introduced establishing public posts and fixing the rat

ans by which the post office was carried on. Settlements were springing up in all parts of the province which reason and policy made it necessary to c

at all the main roads in the province were very bad, and that those in the neighbourhood of York were bringing discredit on the inhabitants. The deputy postmaster general informed the same comm

ure desired was to have the control of the provincial posts vested in them, or at least to have a deputy postmaster general for Upper Canada. With the latter request he fully sympathised, a

d 1791 to send remittances from Canada to England, but he did not believe that the legislature would have

their opinion as to whether the postmaster general of the United Kingdom had the right to control and manage the internal posts in the provinces of North America, and, if so, whether the proceeds derive

postmaster general had the good sense to see that his case wa

wed a small surplus, but he inclined to the view that the share of Upper Canada in the surplus must be very small. A number

er general for Upper Canada, the postmaster general, Freeling informed the governor, would make no difficulty on the point, b

cure further information to strengthen the position they had taken. They desired to learn definitely the amount which was sent to London as postal revenue. The postmaster of York

aster general, but it was thought that the post office would not refus

iven, as the provinces were manifesting a disposition to interfere with the internal posts, and to appropriate their revenues to their own purposes, instead of allowing them to flow into th

ng admissions that there was a small profit from the Canadian post offices, there was being sent over to London from the two provinces a

loyed at all for commercial or social correspondence, the merchants in London and Liverpool using exclusively the lines of sailing vessels running between Liverpool and New York. But Free

assembly of Upper Canada had too strong a case. The political grievances from which the province was suffering were bringing into the political life

n 1825, contained a majority opposed to the government. This fact did not, however, lead to the overthrow of the lieutenant governor's advisers. They were his own

he provincial post office. In 1821, the lieutenant governor cordially supported the views of the house, and did what he could to make them prevail with the postmaster gen

the many matters calling for redress, while for the government party it was anot

s from which the country was suffering, he abandoned what had every appearance of a successful career, and gave himself to agitation. He established a newspaper-The Colonial Advocate-in 1824, and in 1828 secured a seat in the house of assembly. These vehicles of publicity he emplo

who entertained advanced political views, which were irritating to the lieutenant governor. He was later on made to feel the lieutenant governor's resentment for his opposition. As chairman of the committee Matthews repor

ters and newspapers being opened and read before being delivered; and that complaints to the deputy postmaster general had no appreciable effect. The mail bags, the c

d that the postage on newspapers should be collected as the postage on letters was, from those who received the newspapers. Letters on public business should, in th

ntire management of the post office, even though this should involve some temporary expense. It was n

the state of the province. Fothergill was king's printer, and had been postmaster of Port Hope. He was dismissed from the post office for his criticism of th

Port Hope, he declared his belief that the sum remitted to London each year could not be less than ￡10,000, and that the business was increa

e deputy postmaster general, had admitted to Fothergill that he was ignorant of the geography of the province, which was a strong reason for the appointment of a resident deputy postmaster general. Fothergill's great objection to the existing arrangements was th

ll the other colonies sent their surplus post office revenues to the general post office, without remonstrance. He did not believe that any lar

t office was a remunerative institution. He was satisfied that it could not be otherwise, as he had learned by experience that a post office, however much required, would not be opened until the deputy postmaster general was guaranteed ag

ovince, and extended in the number of its establishments would tend to correct and prevent abuses which were found to exist under the present system, would facilitate commercial intercourse, promote the diffusion of knowledge and would eventually become an important branch of the provincial revenue. Th

those attending the report of 1821. On that occasion, the memorial was brought to the foot of the throne with the good wishes of both the government

of the assembly. Dealing first with the allegation of the assembly that the postage charges were a tax, and as such repugnant to the act of 1778, Maitland recalled Franklin's contention before t

egislature rested its case. This reasoning is directly the opposite of the view expressed by the lieutenant governor in 1821. He then gave it as his opinion that the acts of 1778 and 1791 made it illegal for the

was any considerable surplus from the postal operations in Upper Canada. The lieutenant governor enjoyed his little excursions among the statutes, however, and although the postm

rded as a violation of the act of 1778. But there was one person to whom this gratuitous argument carried no conviction, and that was the propounder of it himself. He would still hark back to his underlying idea, and intimated his persuasion that the British government had no desi

r in or out of the assembly, would be found opposed to that proposition. It would be impossible to carry on an independent system in an inland province, and the attempt to do so would involve the colony in heavy expenditure. The lieuten

n purpose with reference to a scheme. The official class in York, as well as the secretary of the general post office, desired to defeat the wishes of the house of assembly respecting the post office, the family compa

ary that such being the case, the statutes on which the house of assembly relied were not applicable. The secretary's statement was demonstrably incorrect, but it furnished the foundation f

xecutive and legislative council of Upper Canada, protesting against the attempt on the part of the assembly to interfere with the post office as the assump

da was entirely distinct from Lower Canada in all matters of government. The post office alone was subject to the control of a person, outside of the province, who never visited it. The people of

y fell under the notice of the postmaster general, who was moved to ask Freeling what it all meant. Freeling replied that the accounts related to great disputes in Canada as to the applicat

wer Canada were blended, and that for seven years previous there had been a surplus from the two provinces which amounted on

ers had done. He expressed the opinion that Canada's contention was in the main sound. The net revenue from the Canadian post office ought in fairness to be applied to col

g insisted that there could be no doubt as to the legality of the present practice, though he confessed that the law officers gave no opinion on the case prepared in 1822. Indeed, it had not

n the chancellor of the exchequer his view that the cost of this service should be set against Canada's post office surplus. In his memorandum of the interview, Freeling merely notes tha

he dispute. In 1827, however, the legislative assembly of Lower Canada took a hand in the controversy, contributing a strictly legal and even technical memorand

d territories; and that of the duties arising by virtue of this act, ￡700 a week were to be paid into the exchequer for public purposes in Great Britain. Certain annuities and encumbrances charged on the postal revenues by earlier acts, were con

on, could not signify exclusively the people of Great Britain and Ireland, or of the colonies. On the contrary, being equally applicable to all who were within the purview of the act, it designated the people of all the dominions of the crown in which the postal revenue was

778, which was enacted for the purpose of conciliating the colonies

which after the passing of that act were imposed by parliament upon the colonies, should be applied to the use of the colony in which it is levi

act with its amendments, while the Upper Canada assembly asserted that the act of 1778, which was made part of the co

y, left the amounts of the shares of the postal revenues to which the colonies were entitled, to be determined by a future act of parliament, and the act of 1778 had this effect, if not in the letter, at least in its spirit; a

discussing a matter, which was a source of much embarrassment to the deputy postmaster general. The steamboats, which had been running since 1809, between Montreal and Quebec, h

r each letter they carried, and charged the public the regular postage rates. But the public paid little attention to the letter boxes. They simply threw their letters on

ivered by the captain at the post office, many of the people to whom the letters were addressed refused

top to the illegal practices. The solicitor of the post office to whom the matter was referred had no doubt that the acts complained of were illegal, and would render the offende

n Canada to enforce the law. But as the legislatures had in several instances manifested an inclination to interfere with the internal posts, he recommended that, instead of taking proceedings to protect His Majesty's revenues, and, as he says, t

was one of great delicacy, and wrote to the governor general, Lord Dalhousie, setting forth the facts and

, the colonial secretary thought it possible that the enforcement of those rights at that time might embarrass the governor general by giving the assembly an additional ground for contention with the mother country

urrence of the governor general requested the opinion of the attorney general of Lower Canada on the subject. The attorney general, James Stuart (afterwards Sir James) advised that th

ng more strained as time went on, and the governor general had no desire to augment the grievances of the assemblies b

TNO

assembly, December 16, 1825 (

House of Assembl

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s of Assembly

l Statutes, 9

., 41, Geo

, 18, Geo.

Statutes, 14, G

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shington, June 3, 1822 (Ca

nals of As

December 16, 1825 (Report

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July 25, 1826 (Can. Arch.,

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to Goulborn, De