CHAPTER IX.

THE POST-OFFICE AND LETTER-OPENING.

It will be fresh in the memory of many readers, that the year 1844

revealed to the public certain usages of the Government, and a branch of

post-office business--previously kept carefully in the dark--which went

far to destroy the confidence of the nation in the sanctity of its

correspondence. In the session of 1844, Mr. Thomas S. Duncombe presented

a petition from Mr. W. J. Linton, M. Mazzini, and two other persons

residing at 47, Devonshire Street, Queen's Square, complaining that

their letters were regularly detained and opened at the Post-Office. The

petitioners declared that they "considered such a practice, introducing

the spy-system of foreign states, as repugnant to every principle of the

British constitution, and subversive of that public confidence which was

so essential to a commercial country." The petitioners prayed for an

inquiry, and Mr. Duncombe supported their prayer. Sir James Graham, then

Home Secretary, got up in the House and stated that, as regarded three

of the petitioners, their letters had not been detained; as for the case

of M. Mazzini, a warrant had been obtained from the Home-Office to stop

and open the correspondence of that person. He had the power by law and

he had exercised it. "The authority," said Sir James, "was vested in the

responsible Ministers of the Crown, and was intrusted to them for the

public safety; and while Parliament placed its confidence in the

individual exercising such a power, it was not for the public good to

pry or inquire into the particular causes which called for the exercise

thereof."[116] He hoped that the House would confide in his motives, and

that they would not call upon him to answer any further inquiries. The

speech of the Home Secretary added fuel to the flame. Had Sir James

Graham entered more fully into the subject, and gone into the real state

of the law, it is probable that the subject might have been allowed to

drop. Not only was the slightest explanation of the principle adopted

refused by the Home Secretary, but that refusal was given somewhat

cavalierly. Public attention was thus roused; the most exaggerated

rumours got abroad; it was openly stated by the press that a gigantic

system of espionage had been established at St. Martin's-le-Grand, and

now no mere general assurances of its unreality could dispel the talk or

stop newspaper extravagances. Sir James Graham was abused most

unreasonably. There was hardly a public print or public speaker in the

kingdom that did not heap insults or expressions of disgust on his name.

This state of things could not continue; accordingly, we find Lord

Radnor, moving soon after in the House of Lords, for a return of all the

warrants which had been issued for the detention of letters during a

certain period, animadverting especially upon the alleged practice of

general warrants to intercept all letters addressed to a certain person

instead of there being issued a separate warrant in the case of each

letter.[117] This mode of proceeding, as he truly said, if acted upon,

was a flagrant violation of the words of the statute. Lord Campbell

expressed the same views. Lord Brougham observed that the first statute

conferring this power had been framed by Lord Somers. It had been

continued ever since by various Acts, and had been exercised by Sir

Robert Walpole, Lord Grenville, and Mr. Fox, as well as under the

administrations of Lord Grey and Lord Melbourne. If Lord Campbell's

construction of the Act were correct, the sooner they had a new one the

better. Lord Denman was for putting an end to the power altogether. The

return was granted, the Duke of Wellington approving the Home

Secretary's conduct notwithstanding.

On the 24th of June, 1844, Mr. Duncombe again called the attention of

the House of Commons to the subject, by presenting a petition from Mr.

Charles Stolzman, a Polish refugee, complaining that his letters had

been detained and opened. Mr. Duncombe contended that the Act of 1837

never meant to confer an authority upon a Minister of the Crown to

search out the secrets of exiles resident in this country at the

instance of foreign Governments, but was only designed to meet the case

of domestic treason. "Mr. Stolzman was a friend of M. Mazzini," said Mr.

Duncombe, "and this was why his letters had been tampered with." After

describing the way in which letters were opened, he concluded a most

powerful speech by again moving for a committee of inquiry. He did not

want to know Government secrets; he doubted if they were worth knowing;

but he wanted inquiry into the practice of the Department, which he

contended was unconstitutional and contrary to law. Sir James Graham,

without entering into any further explanation, except saying that the

law had not been violated, and that if it had, the honourable member

might prove it before a legal tribunal, objected strongly, and in almost

a defiant manner, to any committee. Mr. Macaulay, Lord Howick, Mr.

Sheil, and Lord John Russell warmly supported the motion for an inquiry.

Sir Robert Peel, Lord Stanley, and Mr. Monckton Milnes opposed it, when

it was rejected by a majority of forty-four. What party speeches failed

in doing, the clamour and popular tumult outside at length accomplished.

Popular ridicule settled upon the subject; pencil and pen set to work

upon it with a will. Newspapers were unusually, and sometimes

unreasonably, free in their comments, and all kinds of stories about the

Post-Office went the round of the press. Sir James Graham had to bear

the brunt of the whole business; whereas the entire Cabinet, but

especially Lord Aberdeen, the Foreign Secretary, ought equally to have

shared the opprobrium. As it was, the bearing of the Home Secretary in

the House of Commons was singularly unwise and unadroit. The subject had

now come to be regarded as of too great public importance to be suffered

to rest; besides, it was an attractive one for the Opposition side of

the House. Mr. Duncombe renewed his motion towards the end of July in

the same session. It was in a slightly altered form, inasmuch as he now

moved for a select committee "to inquire into a department of Her

Majesty's Post-Office commonly called 'the secret or inner office,' the

duties and employment of the persons engaged therein, and the authority

under which the functions of the said office were discharged." Mr.

Duncombe made some startling statements as to the mode and extent of the

practice of letter-opening, all of which he declared he could prove if

the committee was granted. The Government saw the necessity of giving

way, in order that the public mind might be quieted. The Home Secretary

now acknowledged, that since he was last questioned on the subject, the

matter had assumed a very serious aspect, and he thought it was time

that the truth, the whole truth, and nothing but the truth, should be

told. Though he would have readily endured the obloquy cast upon him,

even though it should crush him, rather than injure the public service;

and though he had endured much, especially after the votes and speeches

of the Opposition leaders--all men conversant with official duties--in

favour of Mr. Duncombe's former motions, he now felt himself relieved

from his late reserve, and felt bound to confess that he believed it to

be impossible to maintain the power confided to him longer without a

full inquiry. He would now not only consent to the committee, but would

desire that it should make the fullest possible inquiry, and he would

promise on his part, not only to state all he knew, but lend all the

resources of his Department to attain that object. In accordance with

this determination, he proposed that the Committee should be a secret

one, invested with the amplest powers to commence the investigation at

once, and should be composed of five usually voting against the

Government, viz. Sir C. Lemon, Mr. Warburton, Mr. Strutt, Mr. Orde, and

the O'Connor Don; and four who generally support them, viz. Lord Sandon

(chairman), Mr. T. Baring, Sir W. Heathcote, and Mr. H. Drummond. "To

this committee," said Sir James, "I gladly submit my personal honour and

my official conduct, and I make my submission without fear." The

committee was appointed after Mr. Wilson Patten's name had been

substituted for Mr. Drummond's, on account of the latter being a lawyer;

and after an unsuccessful attempt to add Mr. Duncombe's name, which was

rejected by 128 to 52. Its object was "to inquire into the state of the

law with respect to the detaining of letters in the General Post-Office,

and to the mode in which that power had been exercised, and that the

Committee should have power to send for persons, papers, and records,

and to report the result of their inquiry to the House." A Committee of

the House of Lords was appointed at the same time. Sir James Graham's

examination lasted four days, when he fulfilled his pledge to make a

full and unreserved disclosure of all he knew. Almost all the members of

that and former Governments were examined. Lord John Russell confessed

to having done the same as Sir James Graham when he held the seals of

the Home-Office, though he had not used the power so frequently. He also

stated that he supported Mr. Duncombe in his previous motions for

inquiry, because he thought it necessary that the public should have the

information asked for. Lord Normanby had used the power in Ireland for

detecting "low ribbonism, which could not be _ferretted out_ by other

means." Lord Tankerville testified to the existence of a warrant signed

by Mr. Fox in 1782, ordering the detention and opening of all letters

addressed to foreign ministers; another, ordering that all the letters

addressed to Lord George Gordon should be opened. Witnesses were also

brought from the Post-Office. Mr. Duncombe, on being asked for a list

of witnesses to prove his allegations, refused to hand in their names

unless he were allowed to be present during the examination. This the

Committee had no power to grant, and consequently he declined to

proceed. Mr. Duncombe appealed to the House, but the decision of the

Committee was confirmed.

No inconsiderable part of the Committee's time was taken up in the

production and examination of records, acts, and precedents bearing on

the subject. The officers of the State Paper Office and other high

Government functionaries produced records and State papers of great

importance, from which we learn many interesting particulars of early

postal history. At some risk of being charged with anachronism, we have

thought it desirable to introduce these details in the order of the

_subject_ under treatment.

James I. in establishing a foreign post, was more anxious that

Government secrets should not be disclosed to foreign countries, "which

cannot be prevented if a promiscuous use of transmitting foreign letters

and packets should be suffered," than that the post should be of use to

traders and merchants. There was a motive for the jealous monopoly of

postal communications; and if the proclamation from which the above is

taken (Rymer's Foedera) is not clear on the subject, the following

extract from a letter written by the one of James's secretaries to the

other, Lord Conway, is sufficiently explicit: "Your Lordship best

knoweth what account we shall be able to give in our place in Parliament

of that which passeth by letters in and out of the land, if every man

may convey letters as he chooseth." Sir John Coke, the writer of the

above, would seem to have got rid of the difficulty in a thorough

manner, if we may believe an English letter-writer addressing a friend

in Scotland, when he wrote, "I hear the posts are waylaid, and all

letters taken from them and brought to Secretary Coke."[118]

During the Commonwealth, of course, letter-opening was to be expected.

The very reason which Cromwell gave for establishing the posts was, that

they would be "the best means of discovering and preventing many wicked

designs against the Commonwealth, intelligence whereof cannot well be

communicated but by letter of escript." Foreign and home letters shared

an equal fate. On one occasion, the Venetian ambassador remonstrated

openly that his letters had been delayed and read, and it was not

denied. At the Restoration, a distinct clause in the "Post-Office

Charter" provided that "no one, except under the immediate warrant of

one of our principal Secretaries of State, shall presume to open any

letters or pacquets not directed unto themselves."

Under the improved Act of Queen Anne, 1711, it is again stated that "no

person or persons shall presume to open, detain, or delay any letter or

letters, after the same is or shall be delivered into the General or

other Post-Office, and before delivery to the persons to whom they are

addressed, except by an express warrant in writing under the hand of one

of the principal Secretaries of State for _every such opening_,

detaining, or delaying." This Act was continued under all the Georges,

and again agreed to in 1837, under 1 Vict. c. 32.

During the last century, the practice of granting warrants was

exceedingly common; and they might be had on the most trivial pretences.

It was not the practice to record such warrants regularly in any

official book,[119] and few are so recorded: we can only guess at their

number from the frequent mention made of them in the State trials of the

period, and in other incidental ways. In 1723, at Bishop Atterbury's

trial, copies of his letters were produced and given in evidence against

him. A clerk from the Post-Office certified to the fact that they had

passed through the post, and that he had seen them opened, read, and

copied. Atterbury, as well he might, asked for the authority for this

practice; and, especially, if the Secretary of State had directed that

his letters should be interfered with? A majority in the House of Lords

decided that the question need not be answered. It is pleasant to relate

that twenty-nine peers recorded an indignant protest against this

decision. One of them proposed to cross-examine the Rev. (!) Edward

Willes, "one of His Majesty's Post-Office decipherers," but the majority

going to a still greater length, resolved: "That it is the opinion of

this House that it is not consistent with the public safety to ask the

decipherers any questions which may tend to _discover the art or mystery

of deciphering_."[120] Again, at the trial of Horne Tooke for high

treason in 1795, a letter written to him by Mr. Joyce, a printer, was

intercepted at the Post-Office, and was stated by the prisoner to be the

immediate occasion of his apprehension. On his requiring its production,

a duly certified copy was brought into Court by the Crown officers and

given in evidence.

Twelve years after the trial of Bishop Atterbury, members of both Houses

became alarmed for the safety of their correspondence, and succeeded in

getting up an agitation on the subject. Several members of the House of

Commons complained that their letters had been opened. Revelations were

made at this time which remind us strongly of the episode of 1844, both

discussions resulting in a parliamentary committee of inquiry. It was

stated in the debate of 1735, that the liberty which the Act gave "could

serve no purpose but to enable the idle clerks about the office to pry

into the private affairs of every merchant and gentleman in the

kingdom."[121] It transpired on this occasion that a regular

organization existed, at enormous expense, for the examination of home

and foreign correspondence. The Secretary of the Post-Office stated that

the greater part of 45,000_l._ had been paid, without voucher of any

kind, to Robert, Earl of Oxford, for defraying the expenses of this

establishment. Among the principal annual expenses were the salaries of

the chief decipherers[122] (Dr. Willes and his son), 1,000_l._; the

second decipherer, 800_l._; the third, 500_l._; four clerks, 1,600_l._;

doorkeeper, 50_l._; incidental charges, but principally for seals,

100_l._ The result of the inquiry was, that the Committee condemned the

practice, and the House declared that it was a breach of privilege on

the part of the Government to use the power except in the exact manner

described in the statute.

Whether any real improvement took place may best be judged by the

following circumstances. Walpole, who doubtless carried his prerogative

in those matters beyond any two Secretaries of State we could mention,

lent his ear to both public and private applications alike, issuing

warrants even to further cases of private tyranny. In the Report of the

Secret Committee, p. 12, we find that a warrant is granted, in 1741, for

what purpose may be judged by the following: "At the request of A, a

warrant is issued to permit A's eldest son to open and inspect any

letters which A's youngest son might write to two females, one of which

that youngest son had imprudently married." And this inquisitorial

spirit beginning with the highest, descended even to the lowest class of

officials. A writer in the _Encyclopædia Britannica_, vol. xviii. p. 405

(quoting from the _State Trials_, vol. xviii. p. 1369), tells us, in

relation to this subject, that so little attention was paid to the

requirements of the Act of Queen Anne, or the Committee of the House of

Commons just referred to, the very bellmen took to scrutinizing the

letters given them for their bags. One of those functionaries was

examined at the trial of Dr. Hensey in 1758, and deposed as follows:

"When I have got all my letters together I carry them home and sort

them. In sorting them I observed that the letters I received of Dr.

Hensey were generally directed abroad and to foreigners; and I, knowing

the Doctor to be a Roman Catholic, advised the examining-clerk at the

office to inspect his letters." This witness, in answer to the

questions, "How came you to know Dr. Hensey to be a Roman Catholic?" and

"What had you to do with his religion?" clinched his evidence thus: "We

letter-carriers and postmen have great opportunities to know the

characters and dispositions of gentlemen, from their servants,

connexions, and correspondents. But, to be plain, if I once learn that a

person who lives a genteel life is a Roman Catholic, I immediately look

upon him as one who, by education and principle, is an inveterate enemy

to my King and country."

At the beginning of the present century an improvement was carried out.

It was seen that the indiscriminate issue of the warrants was stimulated

and fostered by the fact that no account was kept of them. As a means of

placing a necessary check upon the officers, Lord Spencer, then Home

Secretary, introduced the custom in 1806, of recording the dates of all

warrants granted, and the purposes for which they were issued. Since the

year 1822, the whole of the warrants themselves have been preserved at

the Home Office. In comparing the number of warrants issued by different

Home Secretaries during the present century, we find that Sir James

Graham enjoys the unenviable notoriety of having granted the greatest

number, though the fact is partly explained by the commotion which the

Chartists made in the north of England, 1842-3.

The revelations made in the two Committees with reference to foreign

correspondence, especially that of foreign Ministers accredited at the

English Court, were very remarkable, and not likely to induce confidence

in our postal arrangements on the part of other powers. It was shown

that in times of war whole foreign mails had been known to have been

detained, and the letters almost individually examined. The Lords'

Committee went so far as to say it was clear, "that it had been for a

long period of time and under successive administrations, up to the

present time, an established practice that the foreign correspondence of

foreign Ministers passing through the General Post-Office should be sent

to a department of the Foreign Office, before the forwarding of such

correspondence, according to the address." What the feelings of foreign

Governments were at this revelation may well be imagined. They would

know, of course, that the English Government, hundreds of years ago,

had not scrupled to lay violent hands on the letters of their

representatives, if by any possibility they could get hold of them. When

Wolsey, for example, wanted possession of the letters of the ambassadors

of Charles V. he went to work very openly, having ordered "a watche

should be made" in and about London, and all persons going _en route_ to

the Continent to be questioned and searched. "One riding towards

Brayneford," says an early record, "when examyned by the watche,

answered so closely, that upon suspicion thereof, they searched hym, and

found secretly hyd aboute hym a pacquet of letters in French." In the

reign of Queen Mary, Gardiner ordered that the messengers of Noailles,

the French ambassador, should be taken and searched in much the same

manner.[123] Notwithstanding this, they would scarcely be prepared for

the information that later Governments, with less to fear, had preferred

more secret measures, establishing a system of espionage which was

certainly not in accordance with the English character, or likely to

subserve the interests of peace in Europe. That the arrangement with

regard to foreign mails was unlawful, may be judged by the prompt

action which was taken in the matter. "Since June, 1844, the

Postmaster-General," so runs the Lords' Report two months later, "having

had his attention called to the fact, that there was no sufficient

authority for this practice, has discontinued it altogether."

The Commons' Committee reported that the letter-opening warrants might

be divided into two classes--(1) Those issued in furtherance of criminal

justice, usually for the purpose of affording some clue to the

hiding-place of an offender, or to the mode or place of concealment of

property. (2) Those issued for the purpose of discovering the designs of

persons known or suspected to be engaged in proceedings dangerous to the

State, or deeply involving British interests, from being carried on in

the United Kingdom. In the case of both classes of warrants, the mode of

proceeding was nearly similar. The first were issued on the application

of the law-officers; the principal Secretary of State himself determined

when to issue the latter. No record was kept of the grounds on which the

second class of warrants were issued. "The letters which have been

detained and opened are," according to the Committee,[124] "unless

retained by special order, as sometimes happens in criminal cases,

closed and re-sealed _without affixing any mark to indicate that they

have been so detained and opened_, and are forwarded by post according

to their respective superscriptions." They then classed the warrants

issued during the present century in the following way:--For thefts,

murders, and frauds, 162; for treason and sedition, 77; foreign

correspondence, 20; prisoners of war, 13; miscellaneous, 11; and for

uncertain purposes, 89. Undoubtedly, with one class of letters, the

Government were only performing a duty in applying the law as laid down

in 1 Vict. c. 33. The information obtained by the warrants to find the

_locale_ of Chartist disaffection was described by the Committee as most

valuable and useful to the Government. While the whole history of the

transaction in question grates unpleasantly on English ears, there can

be no doubt that in other cases--such as frauds on the banks and

revenue, forgeries, murders, &c.--the power was used impartially to the

advantage of individuals and the benefit of the State. Whether, however,

the discoveries and the benefits were so many as to counterbalance the

odium of countenancing what was so like a public crime, and which

violated public confidence in the Post-Office, or whether the issue of a

few warrants annually, in proportion to the 40,000 committals[125] which

took place yearly at that time, could by any means be called an

efficient instrument of police, are vastly different questions. With

regard to the general question of letter-opening, the issue was

altogether vague and uncertain. Though the _practical_ end of the

inquiry was, no doubt, gained, and warrants may almost be said to have

ceased, still the Committees recommended Parliament to decide that the

power and prerogative of opening letters, under certain given

circumstances, should _not_ be abrogated. They argued that, if the

_right_ of the Secretary of State was denied, it would be equivalent to

advertising to every criminal conspirator against the public peace, that

he might employ the Post-Office with impunity.[126] It was decided, in

consequence of this finding, that the law should remain unaltered.

Mr. Duncombe was not satisfied. In the next session he attempted to

revive the subject by calling the attention of the House to what he

termed the evasive and unsatisfactory character of the report of the

Secret Committee, and moving the appointment of a Select Committee to

investigate the whole subject over again; but he met with little

success. Sir J. Graham, Sir. R. Peel, Viscount Sandon, Mr. Warburton,

Mr. Ward, and Lord John Manners, spoke against his motion, which he then

withdrew. Upon this, Lord Howick tried to carry a resolution for the

appointment of a Committee to inquire into the case of Mr. Duncombe's

letters only. Mr. Disraeli seconded the motion, desiring not to have the

Government censured, but to see the practice condemned. Mr. Roebuck

believed that the country would not be content until the invidious power

intrusted to the Secretary of State respecting letter-opening was

absolutely abolished. Lord John Russell spoke against the motion, which

was negatived by 240 to 145 members.[127] A few days later Mr. Duncombe

renewed his attack in another form, moving that Colonel Maberly,

Secretary to the Post-Office, should attend at the bar and produce

certain books connected with his office. The Home Secretary resisted the

motion, grounding his objection on the reports of the Committees and the

necessities of the public service. Lord John Russell and a great number

of the Liberal party concurring in this view, the motion was again

rejected by 188 to 113.[128] For some weeks the subject was not again

noticed in Parliament, and probably would have dropped; but it was a

theme on which the Press could not be induced to be silent. Fresh events

occurring in Italy, owing, it was said, to the past action of the

English Government at the Post-Office, Mr. Sheil gave notice of a

resolution, which he moved on the 1st of April, 1845, expressing regret

that Government had opened the letters of M. Mazzini, thus frustrating

the political movement in Italy. Few members, however, showed any desire

to prolong a desultory debate, and thirty-eight only were found willing

to affirm Mr. Sheil's proposition. Mr. Wakley, a day or two afterwards,

tried to revive the same discussion, but a motion which he made was

negatived by three to one. On the 8th of April, 1845, Mr. Duncombe,

while intimating his desire to waive personal questions, and disclaiming

all party feeling, moved for leave to bring in a Bill "to secure the

inviolability of letters passing through the Post-Office." He was at war

with the system, not with the Government. Let the Government approach

the subject in a fair and not in a party spirit. All the Ministers,

however, and the chiefs of the Liberal party, again stoutly resisted any

change in the law; and this long controversy was finally set at rest by

an adverse decision of 161 to 78.

The English people, it must be added, all along objected less to the

_power_ which the Government possessed in the exertion of their

discretion, than to the _manner_ in which that power was exercised. Mr.

Duncombe's statements during the earlier stages of the discussions,

relating to the "secret office"--never denied--could not be forgotten by

the public when they intrusted their letters to the custody of the

Post-Office. The revelations in question caused a perfect paroxysm of

national anger, because it was felt, throughout the length and breadth

of the land, that such arrangements were repugnant to every feeling of

Englishmen. Had the officers of the Government broken open letters in

the same way as, under certain circumstances, the law allows the

sheriff's officers to break open houses and writing-desks, there might

still have been complainings, but these complainings would neither have

been so loud nor yet so justifiable.[129] There was something in the

melting apparatus, in the tobacco-pipe, in the forged plaster of paris

seals, in the official letter-picker, and in the place where, and manner

how, he did his work, utterly disgusting to John Bull, and most

unsuitable to the atmosphere of England. The law, it is true, remains

unaltered, but it is believed to be virtually a dead letter.

FOOTNOTES:

[116] Hansard, 1844.

[117] _Ibid._

[118] Lang's _Historical Summary of the Post-Office in Scotland_.

Postmaster-General's _Third Report_.

[119] Report of Secret Committee, 1844, p. 9.

[120] _Lords' Journal_, xxii. pp. 183-6.

[121] _Commons' Journal_, vol. xxii. p. 462.

[122] The place was not only lucrative, but in the path of promotion. We

find that, for the proper performance of these very unclerical duties,

the Rev. Dr. was first rewarded with the Deanery of Lincoln and

afterwards with the Bishopric of St. David's.

[123] Froude.

[124] Report of Secret Committee, 1844, pp. 14-17.

[125] Report of the Secret Committee, 1844, pp. 14-17.

[126] _Ibid._ Commons' Committee.

[127] Hansard, 1844-5.

[128] _Ibid._

[129] Among many expressions of opinion to which the inquiry on the

subject gave rise, we find the following characteristic effusion from

Thomas Carlyle: "It is a question vital to us that sealed letters in an

English post-office be, as we all fancied they were, respected as things

sacred; that opening of men's letters, a practice near of kin to picking

men's pockets, and to other still viler and far fataler forms of

scoundrelism, be not resorted to in England, except in cases of the very

last extremity. When some new Gunpowder Plot may be in the wind, some

double-dyed high treason, or imminent national wreck not avoidable

otherwise, then let us open letters; not till then. To all Austrian

Kaisers and such like, in their time of trouble, let us answer, as our

fathers from of old have answered--Not by such means is help here for

you."

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