CHAPTER III

Communications in Canada prior to the Conquest--Extension

of colonial postal service to Canada--Effects of colonial

discontents on post office.

Having described the several arrangements, which were made to enable the

older British colonists to correspond with the mother country and with

one another, we shall now turn to Canada.

In the first place an account must be given of the route pursued by the

courier, who was shortly to begin regular trips between New York and

Montreal. The route is the oldest in North America and the best known.

Before either Frenchman or Englishman came to America, the Indian

tribes, dwelling on the stretch of land which lies between the waters

running south and those running north, passed and repassed over this

natural highway in the prosecution of their perpetual wars; and in the

long struggle between France and England for mastery of the continent,

many of the most decisive battles were fought at different places on the

route.

The forts erected by each nation at the several strategic points on the

route within its territory indicate their conviction that this was the

ordinary course of passage from one country to the other.

A glance at the map confirms this view. From New York to the boundaries

of Canada, the few miles of watershed between the Hudson and the lake

Champlain systems are the only part of this long route, which could not

be easily travelled by vessel. The first long stretch on the journey

from New York to Montreal was that between New York and Albany. This

part of the trip was made in one of the sloops, which were employed by

the merchants of Albany to carry furs, lumber and grain to New York, and

which usually returned to Albany empty or with a cargo of brandy, which

was considered necessary in their dealings with the Indians. The trip up

the river occupied about three days.

From Albany northward, there was a good road on the west side of the

Hudson as far as fort Edward, which stood at the bend of the river,

where it made a sharp turn to the west. At fort Edward there was a

choice of routes, one leading directly north to lake George, and the

other to the north-east to Wood Creek, from which there was a navigable

course into lake Champlain.

The lake George route also led into lake Champlain, though the

difficulties of the passage from one lake to the other subjected the

traveller to the inconvenience of a portage. Lake Champlain offered an

uninterrupted course to St. John's in Canada, from which point there was

a pleasant trip by carriage to Laprairie, followed by a sail across the

St. Lawrence to Montreal. The time taken by travellers over this route

was from nine to ten days.

The population of Canada at the period when it became a British province

was about seventy thousand, all of whom dwelt on the shores of the St.

Lawrence and its tributaries. Travellers between Montreal and Quebec

taking the river passage were wont to declare that they seemed to be

passing through one long village, so closely were the settlements on

each side of the river drawn to one another.

Below Quebec, the country on the north shore in the _seigneuries_ of

Beauport and Beaupre, as far east as Cap Tourmente, was as thickly

populated as any part of Canada. Beyond that point settlement rather

straggled on to Murray Bay. On the south shore from Levis eastward, the

census of 1765 showed a population of over ten thousand. A gentleman

travelling from Riviere du Loup to Quebec a few years later stated that

there were from twelve to sixteen families to every mile of road.

Although people travelling in Canada preferred making their journey by

boat, there was a good road from Montreal to Quebec and, what was unique

in America at the time, there was a regular line of post houses over the

whole road, where _caleches_ or carrioles were always kept in readiness

for travellers.

Each _maitre de poste_ had the exclusive privilege of carrying

passengers from his post house to the next, which was usually about nine

miles distant, his obligation being to have the horse and carriage ready

on fifteen minutes' notice during the day, and in half an hour, if he

were called during the night.

This facility for travel, the advantages of which are obvious, was a

gift from France, where it had been in operation since the fifteenth

century. When the road between Montreal and Quebec was completed in

1734,[66] the post road system was at once established upon it. It was a

convenience which cost the government nothing, the habitant who was

appointed _maitre de poste_ receiving his pay from the persons whom he

conveyed within his limits. The government confined its attention to

seeing that the _maitre de poste_ furnished the horses and vehicles

promptly.

In September 1760, when the English became masters of Canada by the

capitulation of Montreal, Sir Jeffery Amherst, commander-in-chief of the

British forces, issued new commissions to the _maitres de poste_, and

fixed the rate at which they should be paid for their services, but gave

directions that they should let their horses to no person, who was not

provided with a written order from the governor.[67]

A question of much interest is suggested by the fact that the post road

between Montreal and Quebec had its origin during the French regime. In

France the post roads were part of the postal system of the country, and

the question occurs, by what means were letters conveyed within Canada

during the period of French rule? It is probable that there was a

considerable correspondence between Canada and France, and the lines on

which the business of the country was conducted would seem to call for a

fairly large interchange of letters within the colony itself. Though the

great mass of the people were unable either to read or to write, they

differed but little in this respect from the same class of people in

other countries. It was not the custom of the time to look to the

working classes for patronage for the post office, though even here it

is to be observed that the girls of Canada had many opportunities for

securing the elements of education, which did not fall in the way of the

young men, and with the instinct for graceful expression, which is

nature's endowment to French women, it is probable that many letters

came from this class. From the towns, however, there would be a

relatively large correspondence. Although the populations of Quebec and

Montreal were less than that of many of our country towns, and Three

Rivers would not bear comparison in that respect with many villages, the

social life in these towns was on a high plane. From Charlevoix to

Montcalm, every visitor to Canada expressed his astonishment at the

refinement and even elegance which he found in the towns. This society,

with its _seigneurs_, military officers, clergy and civil service, would

beyond doubt have an extensive correspondence with friends at home.

Indeed, mention of the clergy brings up that remarkable series of

letters written by Jesuit missionaries from the wilds of Canada, known

as the Jesuit Relations, which forms so large a part of the foundation

on which the history of the country in the seventeenth century rests.

The commercial correspondence was, also, considerable. All the trade

between Canada and France was carried on through the merchants of

Quebec. Montreal from its situation at the junction of the St. Lawrence

and Ottawa rivers had been the chief town for the Indian trade in furs

for over a century, but it did not send its furs directly to France. The

Quebec merchants had been the intermediaries for this trade, and they

held jealously to the profitable privilege. The imports from France

which included a large part of the necessities and conveniences of life,

were also handled by the Quebec merchants, who acted as wholesalers to

the merchants in Montreal and the other parts of the colony.

It will be obvious from a view of all these circumstances that there

must have been a large volume of correspondence to and from as well as

within Canada during the French regime. The greater part of it would be

between Quebec and the ports of France and the means by which this was

carried on, are known. In the _Royal Almanach_ for 1723, it is announced

that on letters to Canada there would be a charge of seven sols (about

seven cents) which would pay for the conveyance from Paris to Rochelle,

while between Rochelle and Canada, letters were carried free of all

charge. Between Old and New France, therefore, there was little

restriction on correspondence. If a letter going to France were destined

for Paris, it would be carried there for seven cents; if for other parts

of France, local and personal arrangements would have to be made for

their delivery. The case was the same with letters coming to Canada, but

addressed to other places than Quebec. Persons living in Montreal, Three

Rivers or any other place, who had correspondence with France would

arrange with friends in Quebec to take their letters from the captain of

the incoming ship, and send the letters to them by the first

opportunity. Kalm, the Swedish naturalist, who was travelling through

Canada as the guest of the governor, states that, on the way up to

Montreal on the governor's _bateau_, they put in at Three Rivers in

order that the officer in charge might deliver some letters, which had

been entrusted to him.

The question of establishing such a postal system as existed in France

was laid before the governor as early as 1721. In that year Nicholas

Lanoullier, a clerk in the treasury, made application for the exclusive

privilege of carrying on a postal system between Montreal and Quebec. He

pointed out that the only means for the conveyance of letters between

Quebec, Three Rivers and Montreal was the canoe, and as there was no

regular canoe service, a person desiring to send a letter had either to

hire a canoe, or wait until some person would be found willing to take

the letter in the course of his journey. Either mode was obviously

unsatisfactory. Lanoullier proposed to open post offices at the three

towns, for letters and couriers, and to maintain _messageries_ or an

express service, and a line of post houses. There was no road between

Montreal and Quebec at this time, and as Lanoullier's scheme involved

the construction of a road, the governor granted the application, and in

addition gave Lanoullier the exclusive privilege of establishing ferries

over the rivers, which would cross the road he undertook to build. As

the total population of Canada in 1721 did not exceed 25,000, and the

towns of Quebec, Three Rivers and Montreal contained no more than 2300,

325 and 3200 people respectively, an enterprise of that magnitude could

not possibly be profitable. Lanoullier no doubt realized this, for he

did nothing in pursuance of the scheme. It was ten years after this

period before any serious effort was made to construct a continuous road

from Quebec to Montreal, and by that time Nicholas Lanoullier's

connection with the work had ceased entirely. By a somewhat curious

coincidence, when the governor and intendant resolved that the road

should be constructed, the duty of superintending the work fell upon a

brother of Lanoullier, who was appointed grand voyer or general overseer

of the roads of the colony. The office of grand voyer had existed in the

colony since 1657, but until Lanoullier's time, it seems to have been

neglected, and when the habitants along the road were called upon to

work upon it, they obeyed with much reluctance. Lanoullier's

difficulties were increased by the hostility of the _seigneurs_ through

whose estates the road was to pass, and who resented his making his

surveys without deference to their wishes and opinions. He pushed

forward the work with much energy, however, and by 1734 the road was

opened. The intendant, Hocquart, who had followed the road building with

much interest, reported to the king that he himself had made the journey

in a carriage from Quebec to Montreal in four days. As soon as the road

was declared fit for travel post houses were placed upon it at intervals

of about nine miles, and ferries were established for transportation

across the broader rivers which crossed the road.

But although no regular postal system was in operation during the French

regime, an arrangement existed from an early period, by which the

letters of the governor and intendant were carried by an appointed

messenger, who was permitted to take with him, in addition to the

official letters, any that might be entrusted to him by private persons.

The fee allowed the messenger by the intendant's commission was ten sous

for a letter carried from Quebec to Montreal and five sous to Three

Rivers, with proportionate charges for greater or shorter distances. The

commission which was issued in 1705 by Raudot, the intendant, to Pierre

Dasilva dit Portugais, made no provision for regular conveyance, but as

the messenger conveyed all the governor's despatches within the colony,

it is probable that he made his trips with fair frequency. Another

messenger, Jean Morau, received a commission in 1727, though he had been

performing the duties of the service for ten years before that date.[68]

A curious fact is disclosed in a memorandum prepared during the period

between the capitulation of Canada in 1760 and the treaty of Paris,

which settled definitively the possession of the country. The writer,

who had hopes that the country would be restored to France, was

discussing several measures for improving the administration, when the

French returned to the government. Among these was the establishment of

a royal post office. In submitting his suggestion he pointed out that

the system of royal messengers was expensive to the country, as the

letters of private persons were carried and delivered free of charge. By

the establishment of a post office, the charges of maintaining it would

fall on the persons whose letters were carried, and the treasury would

be relieved of the expense.[69]

As has been already stated, when Franklin learned that Canada was to

remain a British possession, he came to Quebec to arrange for the

establishment of a postal service between Quebec, Three Rivers and

Montreal, and for a regular exchange of mails between those places and

New York. At Quebec he met with Hugh Finlay, a young Scotchman who had

been in the country for three years and who had been performing the very

important duties of justice of the peace. In 1765, Finlay was made a

member of the governor's council, and until his death, thirty-six years

later, took a leading part in the affairs of the colony. Franklin opened

a post office in Quebec with Finlay as postmaster and put under his

charge subordinate offices at Three Rivers and Montreal. A monthly

service by courier was established between Montreal and New York, whose

duty it was to have the Canadian mails in New York in time to place

those for Great Britain on board the outgoing packet. In making his

arrangements for the exchange of mails between the Canadian offices

themselves, Finlay sought and obtained the co-operation of the governor,

who directed the _maitres de poste_ to provide saddle horses for the

mail couriers at sixpence a league, which was just half the charge made

to the public for the same service, and who issued orders to the

ferrymen along the route to pass the couriers over their rivers promptly

and without charge.[70] The captains of boats running on the river were

instructed in their duty to deliver the letters in their hands to the

nearest postmasters who would pay them one cent for each letter. The

courier's trips between Montreal and Quebec were made weekly each way,

and each trip took about thirty hours. As the distance is one hundred

and eighty miles, the advantages of the post house system in

facilitating the movements of the couriers are manifest.

A difficulty for which provision had to be made was the extreme

magnitude of the postage charges. In 1763 the American post office was

still working under the act of 1710, which was enacted at a time when

Canada as an English colony was not in contemplation.

The system for which provision was made by the act extended from

Piscataway (now Portsmouth, New Hampshire) to Charlestown; and if

letters were sent beyond the range of this system, the charge for single

letters conveyed up to sixty miles was fourpence; and when the

conveyance was from sixty to one hundred miles the charge was sixpence.

At the rate of sixpence for one hundred miles, it cost two shillings to

send a single letter from New York to Montreal and three shillings from

New York to Quebec.

This rate was quite prohibitive. Governors Murray of Quebec, and Gage of

Montreal, in 1760, represented to the home government[71] that the

people of Canada were almost destitute of cash, and that they would not

write to their friends in England until they found private occasions to

send their letters to New York. The governors suggested that every

interest would be better served if the rates could be made so that the

charge on letters between any two places in America might not exceed one

shilling and sixpence for a single letter.

In 1765, the act of 1710 was amended to meet the governor's views.[72]

The scale of fourpence for sixty miles and sixpence for one hundred

miles was not changed, but an addition was made to it by providing that

for each one hundred miles or less beyond the first hundred miles, the

additional charge was to be twopence.

The reduction for the longer distances was very considerable. Between

New York and Montreal, the act of 1765 lowered the charge for a single

letter from two shillings to one shilling, and between New York and

Quebec from three shillings to one shilling and fourpence.

Halifax, which had had a post office since 1755, had until this time but

little benefit from it owing to the excessive charges. But the amendment

of 1765 provided a rate of fourpence on single letters passing between

any two seaports in America, and thus put Halifax in comparatively easy

communication with Boston and New York.

Here then in its entirety is the postal system of North America as it

was completed by the inclusion within it of the new province of Canada.

The most important communications were those between America and Great

Britain. Of these there were three: with New York, Charlestown and the

West Indies. Between each of these places and Great Britain, packet

boats carried the mails once a month. These several divisions were

united with one another by a small packet from Jamaica to Charlestown,

and by a courier from Charlestown to Suffolk, Virginia, where he met

with a courier from New York.

Within the northern district, the centre of which was at New York, there

was a well-organized mail service, in which all existing travelling

facilities were employed to the limit of their usefulness.[73] Mails

were transported regularly as far south as Virginia and as far north and

east as Quebec and Halifax. Within the better settled parts of the

country, the service was excellent. Before the Revolution, two trips

were made weekly between New York and Boston, and three between New York

and Philadelphia. From Quebec to Montreal, there were two trips every

week. The courier service at this time was quite equal, if not superior,

to the service in England.

The financial affairs of the American post office flourished. For the

three years ending July 1764, there was a surplus revenue of L2070.[74]

The succeeding years, though satisfactory, were not equal to those up to

1764.[75]

But the political troubles were rendering the post office an object of

unpopularity, and making it a duty on the part of the patriots to employ

agencies other than the post office for the transmission of their

letters. As these unofficial agencies were usually satisfied with a much

lower compensation than the post office demanded, the pleasant

circumstance arose for the patriot that the line of interest coincided

with the line of duty.

During the period between the establishment of the post office in Canada

in 1763, and the outbreak of the war of the Revolution in 1775, the post

office pursued on the whole an even, uneventful course. Canada did not

entirely escape the influence of the sentiments which in the older

colonies were leading to the Revolution; and, as the war approached, the

post office was made to feel the effects.

There were, at the time of the peace of 1763, along with the seventy

thousand Canadians which made up nearly the whole of the population, a

number of the older British subjects, most of whom had come from the

British American colonies. At this time they numbered about two hundred,

and when the war broke out in 1775, the number had doubled.

These new-comers to Canada were not without the usual practical ability

of Americans, and they very soon gathered into their hands the greater

part of the business of the colony. They were, however, a source of much

trouble and offence to the governor, and to their Canadian fellow

subjects. The governor reported that their arrogance, and repugnance to

the social and religious customs of the new subjects--the former

subjects of France--as well as the factious opposition they displayed to

the mode of government then existing, retarded seriously the progress of

the efforts which were made towards conciliating the Canadians to the

new regime.

Nothing short of the complete domination of these few hundred

English-speaking people over the French Canadians would have satisfied

them. The spirit of rebellion grew no faster in the older British

colonies than among the few of English extraction in Canada, and the

mutual distrust between these people and the government hampered the

work of the post office a few years later.

In 1767 Finlay was called upon to remove a certain friction which had

arisen between the _maitres de poste_ and the travelling public. The

regulations, which confined travelling by post to persons having special

permits from the governor, were no longer insisted upon. Any person

desiring to do so was at liberty to hire horses and carriages at any of

the post houses for travel to the next post house.

The easing of restrictions enlarged the business of the _maitres de

poste_. But it evidently did not give unmixed satisfaction, as

complaints were made that many persons riding post imposed upon the

postmen, "threatening and abusing them contrary at all law."

Finlay had no actual warrant for interfering on behalf of the _maitres

de poste_, but as postmaster of the province, he had a strong motive for

picking up the reins of authority where he found them lying in slack

hands. He required the services of the _maitres de poste_ to help him

with the conveyance of the mails, and as those services were rendered

for half the charge which was made to the travelling public, he kept the

_maitres de poste_ under his influence by constituting himself their

champion. Finlay pointed to the fact that in England the postmaster

general was also general master of the post houses, and declared that as

deputy of the postmaster general he would take the same position in

Canada.

There was the essential difference between the situation in England and

in Canada that the postmaster general had statutory authority for

exercising control over the post houses in England, whereas there was no

such authority for control over the post houses in Canada. However,

Finlay was a member of the legislative council, and he assumed, without

opposition or question, the charge of the _maitres de poste_, and in

1767 issued public notice that the post house system was to be under the

same regulations as were in force in England.[76] The _maitres de poste_

were confirmed in their monopoly, and protected against imposition on

the part of the public.

Finlay's energetic management of the affairs of the Canadian post office

attracted the attention of his superiors, and as Franklin had resided

continuously in England since 1764 as agent for Pennsylvania and other

of the American colonies, the expanding scope of the American post

office demanded a greater degree of supervision than Franklin's

associate, Foxcroft, was able to give.

It was resolved to create another office, until then unknown in America,

called a surveyorship. The duties of the surveyor in England are the

same as those of the inspector in the Canadian or United States

services, and call for a general control over the postal service within

certain defined limits. The office of surveyor was established in 1772,

and Finlay was appointed to the position. He was allowed to retain his

charge of the post office in Canada, though his salary here underwent an

abatement.

The first duty assigned to Finlay as post office surveyor was to explore

the uninhabited country beyond the last settlements on the river

Chaudiere extending over the height of land into New England.[77] The

purpose of the trip was to ascertain the practicability of a direct road

between Quebec and New England. The merchants of Quebec had made much

complaint of the slowness and irregularity of the ordinary communication

with New York, which was by way of Montreal, and they hoped that the

proposed road would materially shorten the journey to the principal

places in the northern colonies.

The road which the merchants of Quebec desired to see built was a

project which had occupied public attention at various times for over a

century before this time. When Louis XIV, Colbert his minister, and

Talon the intendant, were devising schemes for the creation of a New

France in North America, they observed that the long Canadian winters,

which shut up the port of Quebec, made it desirable that there should be

free access to an ocean port.

The treaty of Breda confirmed England in 1667 in its possession of New

York and New Jersey, and also established the right of France to Acadia,

which in the French view comprised not only Nova Scotia and New

Brunswick, but also that section of the state of Maine which lies east

of the Kennebec river. In 1671[78] the king directed Talon to see what

could be done towards constructing a road between the mouth of the

Chaudiere and fort Pentegoet at the mouth of the Penobscot, which was

the headquarters of the French governor in Acadia.

The purposes of the king were not unlike those of the fathers of the

present confederation. Canada was French and so was Acadia, and the

association of the inland with the maritime settlements could not but be

productive of good. The populations were small: Canada had six thousand

seven hundred, and Acadia four hundred and forty-one,[79] but, for a

short period, imperial ideas prevailed.

Talon in 1671 despatched two explorers to Pentegoet. They took different

routes, although following the watercourses, and their reports confirmed

Talon as to the desirability of establishing permanent communication

between the two provinces. His plans embraced a line of settlements on

the Penobscot and Kennebec rivers with a view to imposing a barrier to

the advances of the English. But Talon's health gave way, and he

returned to France in the fall of 1672, and as the king's ardour towards

Canada was cooling off, owing to his absorption in his European wars,

the road was abandoned.

The project was revived eleven years afterwards by de Meulles, a later

intendant. He was persuaded that if communication were opened, the

merchants of Quebec might secure the trade of the Acadians which went

entirely to New England, and the Acadians would become attached to

Canada. The road would have to be settled upon, and de Meulles' plan was

to place old soldiers upon it, as he did not think the Canadians could

be induced to give up their comfortable lives, to enter upon a venture

of that kind. De Meulles' proposition, however, fell upon deaf ears, as

did all others calling for the outlay of money, and the scheme was

allowed to lie until Finlay took it up.

From the New England side a movement towards the height of land

separating Canada from the English colonies was made in 1754.[80]

Governor Shirley of Massachusetts in the early part of that year, set

out from Falmouth (now Portland) with eight hundred men on an expedition

up the Kennebec river. His purpose was to dislodge any Frenchman who

might be settled on the height of land, and to establish a fort to

secure the country against attack.

Fort Halifax was erected at the junction of a stream called the

Sebastoocook with the Kennebec, and the Plymouth company built a

storehouse at the head of navigation on the Kennebec. A carriage road

was laid between the fort and the storehouse. The governor anticipated

that with fort Halifax as base he might secure the mastery of the

Chaudiere and even threaten Quebec.

As Talon in 1671, and Shirley in 1754, so Finlay in 1772 was persuaded

that a direct road from Quebec to New England was altogether desirable,

and that it might be made without unusual difficulty. It was not,

however, in the scheme of things that Finlay should succeed any more

than his predecessors. His preparations were soon made. He explained his

views to lieutenant governor Cramahe, who headed a subscription to pay

Finlay's expenses, and inside of twenty-four hours he had ample means at

his disposal for his purpose.[81]

Finlay set out in September 1773 with a party of Indians, and reached

Falmouth after seventeen days of canoeing and following trails. Having

become satisfied as to the practicability of the road, he addressed

himself to the task of securing the co-operation of those who might be

supposed to benefit by the enterprise.

At Portsmouth, New Hampshire, he discussed the subject with governor

Wentworth. The governor was eager to help with the scheme of

establishing a further connection between Canada and the colonies to the

south, but was of opinion that the best route would be over the tract of

country between the Connecticut river and the St. Francis river in

Canada.

This route had several advantages. It avoided the watercourses which

made the road from Montreal to New York, and the proposed Kennebec road,

useless for so long a period every year; the passage over the height of

land was easy, and the country along the line of the route between the

height of land and the St. Francis was favourable for settlement.

As Finlay was prepossessed with the governor's plans, the governor set

about putting them into execution. He laid a carriageable road along the

Connecticut to the boundary of his province, and by April 1774 had a

line of settlements along the road so that the post rider would always

have a stage at which to pass the night, and generally have one within

four hours' travel from any point on the road.

Governor Wentworth lent to Finlay the services of his own surveyor to

explore the country on the Canadian side of the route, but before

anything could be accomplished in this way, the discontents in the south

had broken out in acts of rebellion, and the post office was the first

of the institutions of government to be suspended.

At Boston, Finlay laid his plans before governor Hutchinson.[82] The

interview was not encouraging. The governor declared that, in the

existing temper of the people, it would be enough for the legislature to

know that the governor favoured a scheme, to ensure its defeat. The New

Englanders had, besides this, but moderate grounds for assisting in

establishing further communication with Canada.

The proposed road would be beneficial to Massachusetts in so far as it

aided colonization in the northern parts of the province, but as the

tract through which the proposed Kennebec road would run lay largely in

the grants of the Plymouth company, it would be this company which would

be the chief beneficiary of the enterprise, and the legislature

considered that the company should bear the burden of the expense.

The company were not averse from assisting, but they indulged the hope

that with their interest in the legislature the government might be

induced to bear the cost. Another circumstance that tended to cool the

interest of the legislature was the belief that in a short time this

northern country was to be detached from Massachusetts, and erected into

a separate government. Altogether Finlay concluded that unless the

British government undertook the scheme on the New England side, it

would not be accomplished at all.

Finlay's tour of exploration was ended by his arrival in Falmouth at the

beginning of October. He then entered upon the more extensive duty of

inspecting the whole postal service from Maine to Georgia.[83] He

travelled southward from Falmouth, inspected every post office, studied

the conditions under which the mails were carried, and made a full

report of his investigations to the postmaster general.

It is plain from his report that the service had deteriorated seriously

since Franklin and Foxcroft had made their last inspection ten years

before. Franklin, it will be remembered, had resided in England since

1764, and Foxcroft undoubtedly found it impossible to give proper

attention to the post offices throughout the country, and at the same

time to keep abreast of the official routine at the head office.

The postmasters on the whole impressed Finlay favourably. They

understood their duties and seemed to be making a commendable struggle

against the demoralization which confronted them however they turned.

Only a small proportion of the letters which circulated within the

colonies passed through the post office, although their conveyance by

any other means was illegal. The consequence was that the revenues of

the post office were small.

At Falmouth the greater part of the letters from Boston were delivered

by the masters of sailing vessels. The postmaster on one occasion

attempted to enforce the law against illegal conveyance by seizing the

letter bag on one of the incoming ships; but the populace made so marked

a manifestation of its displeasure that he did not venture on that

course a second time.

It was not so much, however, by direct defiance of the postal law,

although instances of this were not wanting, as by evasions of it, that

the monopoly of the post office was broken down. But in many cases the

evasions were so palpable that they could deceive nobody. A popular mode

of escape from the penalties attaching to the breach of the monopoly was

to seek shelter under one of the exceptions which the post office act

allowed.

In none of the acts, for instance, is objection made to a person sending

a letter to a correspondent by his own servant, or by a friend who

happened to be journeying to the place where the letter should be

delivered. Another exception to the monopoly was made in favour of

letters which accompanied merchandise to which letters related. Thus a

merchant in filling an order for goods has always been at liberty to

send with them the invoice, or any other communication, having

presumable reference to them. This was the excepted article, which

served the turn of those eluding the monopoly.

What Finlay saw at New Haven illustrates fairly what was going on

throughout the colonies. Riders came in from other towns, their carts

laden with bundles, packages, boxes and canisters, and every package had

a letter attached. Some of the parcels consisted of no more than little

bundles of chips, straw, or old paper, but they served their purpose. If

the postmaster made objection to the number of letters they carried, the

riders asserted their right to carry letters accompanying goods, and the

public saw to it that neither postmaster or magistrate took too narrow a

view of what constituted goods.

On the route between Boston and Newport the mail carrier was a certain

Peter Mumford, who did a much larger business in the illegal conveyance

of letters than as the servant of the post office. At Newport the

postmaster declared that there were two post offices--the king's and

Mumford's--and the latter did the larger business. There was no remedy,

as the postmaster declared that whoever should attempt to check the

illegal practice would be denounced as the friend of slavery and

oppression and the declared enemy of America.

Many of the couriers did so large a carrying business that the

conveyance of the mails became a mere incident with them. As he

approached New Haven, Finlay was accosted with the inquiry whether he

had overtaken the post bringing in a drove of oxen, which the courier

had engaged to do, when he came in with the mail.

In all respects but one, the situation described by Finlay presented no

unexpected features. There had been no general inspection since Franklin

made his tour in 1763, at the time he opened the post office in Quebec.

This fact fully explains the shortcomings of the postmasters and

couriers. That the postmasters were chargeable with so few

irregularities in their accounts, or were open to so little censure for

faults in management, is high testimony to their intelligence and

fidelity to duty.

Mail couriers have always been less completely identified with the

postal service than postmasters. They are held by contract, not by

appointment, and their engagements are for short terms. There is nothing

irregular in their practice of combining the conveyance of the mails

with other means of gaining a livelihood, but in the absence of

supervision there was a constant tendency to give undue attention to

what should have been merely auxiliary employments of carrying

passengers and parcels.

People employing the couriers demanded prompt service, while there was

no person to insist on the prior claims of the post office, and indeed

there were probably few people in any community at that time to whom an

hour more or less was of any consequence in the receipt of their

letters.

The evasion of the postmaster general's monopoly also was too common to

excite particular remark. It was beyond doubt a breach of the law, but

that it was wrong was a proposition to which few even good citizens gave

assent, at least by their practice. Thomas Hancock made a merit of his

saving the colony of Connecticut from thirty to forty shillings a year

through the interest he had with certain captains, which enabled him to

secure the colonial letters, as they came over in the ships, and thus

prevent their passing through the post office.

In England, also, the practice was wellnigh universal. The increased

rates imposed by the act of 1710 gave an immense impetus to clandestine

traffic. Every pedlar and driver of public coaches lent himself to the

profitable business of carrying letters for a few halfpence a letter. In

London an effort was made to stop the practice by having officials of

the post office frequent the roads leading into the city, for the

purpose of searching the vehicles of those who had made themselves

objects of suspicion.

It is interesting to note that the work for which the post office

surveyors or inspectors were first appointed was to detain the mail

couriers in the course of travel, and check the contents of the mail

bags, and thus prevent postmasters from becoming parties, as they too

frequently were, to frauds on the revenue, to their own great

advantage.

As late as 1837, when Rowland Hill[84] laid his penny postage scheme

before a public which was impatient for its adoption, Richard Cobden

declared to a committee appointed to report on the scheme, that

five-sixths of the letters passing between Manchester and London were

conveyed by private hand. This state of things continued until the

postage rates were brought down to a point, at which the service offered

by the post office was cheaper as well as better than any other. The

only certain means by which a government monopoly in a free country can

maintain its position is to outbid its rivals. There is no safe

dependence to be placed in legal process.

In ordinary times, then, the evasion of the exclusive privilege of the

postmaster general by any community would deserve no more than passing

mention. It is as part of a general boycott of the government that the

action of the Americans is worthy of note.

From the time of the passage of the stamp act in 1765, the attitude of

the colonies towards all schemes in which taxation by Parliament could

be detected was one of resistance active or passive. When this act went

into operation, the Americans bound themselves to import nothing from

England, a self-imposed obligation which in the undeveloped state of

their manufactures entailed much inconvenience and even distress.

There was an essential difference between the English and the American

methods of avoiding the penalties for infractions of the post office

law. In England, and to some extent doubtless in America as well, men

engaged in the illegal conveyance of letters did their best to conceal

their operations from the authorities. The efforts of a public coach

driver were directed to rendering the search made by the post office

inspectors fruitless. If letters were found in his possession, he

suffered the legal penalties as the smuggler does to-day. It was one of

the chances of his trade.

In the colonies men who were bent on circumventing the post office

pursued another course. They indulged their taste for legal

technicalities by carrying their letters openly, and maintaining that

the packages which accompanied them took them outside the monopoly, and

they gave scope to their humour by making the packages as ridiculous as

possible. They incurred no great risk, for the active spirits in every

community threatened a prosecutor with a coat of tar and feathers.

The stamp act was repealed in the year following its enactment, and for

the moment trade resumed its wonted course. But it was not for long. The

British government was determined that the legislative supremacy of

parliament should be recognized in America, and the colonies were

equally persistent in their denial of this supremacy; and in the

conflict which ensued the principle weapons employed by the Americans

until the outbreak of the war were non-importation and non-exportation

agreements.

As the British merchant exercised a preponderating influence with the

government, the stoppage of trade with America, as the result of a

constitutional dispute, was an effective instrument in making the

government consider the situation seriously. The difficulty with the

government was to understand the attitude of mind which prevailed among

the Americans.

The government had no quarrel with the principle that representation

should be a condition of taxation. It would have asserted the principle

on any occasion, but it could not see that the course it was pursuing

was a violation of that principle. Parliament, it declared, was the

great council of the nation, representing those parts beyond the sea as

well as those at home, and its measures bound the whole nation.

It was still, it must be remembered, half a century before the time when

the agitations which preceded the great reform bill of 1832 had

familiarized the country with the distinction between virtual and actual

representation. The British parliament was far from being, and indeed

made no pretence of being a representative assembly in the sense in

which the phrase is now used. The right to send members to parliament

had for centuries been exercised by the electors of counties and certain

ancient boroughs, and no enlargement of the representation was made from

1677 until 1832,[85] in spite of the great changes in population and

industrial importance which had taken place in the course of time.

Great manufacturing towns such as Manchester and Leeds sent no members

to represent them in parliament, while Old Sarum which did not contain a

single house elected two members. To a people, who saw nothing in this

state of things inconsistent with the theory of representative

government, the colonial view would be quite incomprehensible.

The colonist on the other hand with his strict representation in town

meetings and colonial assemblies, and without the historical aids to an

understanding of the point of view of the home government, saw little

of a truly representative character in the British system. But he did

see, what the home government did not, that a body of distinct and

separate interests had grown up in America of which parliament had a

very inaccurate conception, and with which it was in no way qualified to

deal.

The attitude of the colonists did not appear to the government to be

quite free from insincerity. For half a century and more, the government

declared, the colonists had been subject to taxes in the shape of post

office charges imposed by the act of 1710, and they had never raised a

question.

In the Newcastle correspondence, there is a paper, dated 1765,

containing a discussion on the legality of a tax on the trade with the

Spanish West Indies. In the course of the paper it is asserted that

parliament, by the post office act of Queen Anne, imposed an internal

tax on the colonies without their presuming to dispute the jurisdiction

of parliament over them.

The disturbances in America which followed upon the attempts to enforce

the stamp act surprised and alarmed the government, and a committee of

parliament was appointed to consider what their future course would be.

Franklin who, as the representative of several of the colonies, had been

in London for a considerable time, was among the witnesses examined by

the committee. His examination took a wide range, but the point of

interest was the question as to what ground in principle the Americans

stood upon in objecting to the stamp act, since they had accepted the

post office act of 1710.

For Franklin this was a crucial question, as he had been not only

administering the post office in America for twelve years past, but he

did not conceal his satisfaction that by his management he had been able

for several years to send substantial sums to Great Britain as profits

from the institution.

Franklin answered the questions with much ingenuity. The money paid for

the postage of a letter was not in the nature of a tax; it was merely a

_quantum meruit_ for a service done; no person was compellable to pay

the money if he did not choose to receive the service. A man might

still, as before the act, send his letter by a servant, a special

messenger, or a friend, if he thought it safer and cheaper.

The answer would have been quite just, if the postmaster general of

England had not held a monopoly of letter carrying in America. While a

person is free to use or not to use a certain service, the charge for

the service is not in the nature of a tax. If a person does not like

the price demanded by the post office for its services, he may seek

other means of having his letters carried. But the post office act does

not leave a person free to employ other agencies for the conveyance of

his letters. The monopoly has attached to it heavy penalties for its

infringement.

It is true, as Franklin said, that the post office act leaves it open to

a man to employ a servant, special messenger, or friend in the course of

his travel, to carry his letters. But the mention of these agencies

shows the absurdity of Franklin's contention. A merchant in New York

having business to transact by letter with a customer in Boston or

Philadelphia could not afford to pay the expenses of his messenger or

servant unless the transaction were one of considerable magnitude. Nor

could he await the chance of a friend's making a visit to either of

these places. He might, if he were free to do so, have entrusted his

letters to a coach driver who made a business of passing between New

York and the other two towns, but the monopoly of the post office stood

in his way, and the coachman would have made himself liable to a heavy

fine.

In short, if the merchant had to correspond with neighbouring places he

was compelled to employ the post office. With a country so extended and

so highly civilized as the American colonies were at that day, a postal

system was an absolute necessity; and if the system maintained by the

government were protected by a monopoly, its charges were a tax on the

users of the system in so far as those charges exceeded the strict cost

of carrying on the service.

Furthermore, since the post office act of 1710 was imposed on the

colonies without their consent, and since Franklin's good management had

enabled him to pay all the expenses of the service and send a

considerable surplus to England for some years past, it is plain that to

the extent of the yearly surplus the colonies had been subject to a tax

laid on them without their consent, and that Franklin himself was the

tax gatherer. This was undoubtedly where the point lay in the question

which was asked of Franklin.

Franklin's views on the constitutionality of the post office charges

were part and parcel of his views on taxation generally. For instance,

he drew a clear line of distinction between a tax on imported goods and

an internal tax such as the stamp act. A duty on imported goods it was

permissible for parliament to impose on the colonies, while an internal

tax could not properly be levied without consent.

The stamp act required that all commercial and legal documents and

newspapers should be written or printed upon stamped paper which was

sold by agents of the government at varying prices prescribed by the

law. As this was a tax which could not be avoided so long as men carried

on their business in the ordinary way and by the ordinary means, it was

one for which the consent of the colonies was necessary.

An import tax stood on a different footing. It was simply one of the

elements entering into the price of the goods imported. If people

objected to the price as enhanced by the tax, it was open to them to

decline to buy the goods. A tax of this sort was in Franklin's view

quite within the powers of the sovereign state.

The ultimate test applied by Franklin to determine whether a tax could

in a given case be constitutionally imposed, was whether or not there

was a legal mode of escape from the tax. If the tax were an avoidable

one, it was constitutional, since submission to it implied consent. If,

on the other hand, the tax were one which from the necessities of the

case could not be avoided, it ought not to be imposed until it had been

assented to by the people.

Opinions may differ as to which of the two classes the application of

the test would place postal charges in. They constituted a tax beyond

any question since they turned into the government a surplus of revenue

after all expenses had been met. Whether they were to be regarded as an

avoidable tax to be paid or not as one cared to employ the services of a

post office or not, or whether as a tax which the circumstances of the

community made it necessary to accept, will depend on one's views as to

whether a post office is indispensable to the community.

It is difficult to see how Franklin, who of all men of his generation

knew best the requirements of a highly developed industrial community,

could believe that the necessities for the interchange of correspondence

on the part of a people like the American colonists could be satisfied

by private messengers, or travelling friends, or indeed by any agency

less comprehensive than a national postal system.

FOOTNOTES:

[66] _Can. Arch._. C. 11, LXIV. 110 (Report of progress by grand voyer).

[67] _Memoires de la Societe Historique de Montreal_, 1870, pt. 5. I.

150.

[68] _Ordonnances des Intendants_, I. 54, and IX. 109.

[69] _Public Archives of Can._, C. 11, X. 338.

[70] Order of lieutenant governor Burton, to the _maitres de poste_

(_Memoires de la Societe Historique de Montreal_, 1870, pt. 5. I. 268).

[71] G.P.O., _Treasury_, 1760-1771, p. 99.

[72] _Imperial Statutes_, 5, Geo. III. c. 25.

[73] Journal kept by Hugh Finlay, surveyor of the post roads on the

continent of North America, 1773-1774 (published by Frank H. Norton,

Brooklyn, 1867).

[74] G.P.O., _General Account Book_, Account April 5, 1765.

[75] _Ibid._, Account April 5, 1769. The net revenue for the four years

ending 1768 was L1684.

[76] _Quebec Gazette_, February 16, 1767.

[77] Finlay's _Journal_.

[78] _Lettres, Instructions et Memoires de Colbert_, tome iii. pp. 514

and 520.

[79] _Census of Canada_, 1870-1871, p. xvi.

[80] _C. O._ 5, XIV. 300 (_Can. Arch._).

[81] _Can. Arch._, B. 26, p. 54.

[82] _Can. Arch._, B. 26, p. 75.

[83] Finlay's _Journal_, Brooklyn, 1867.

[84] _Life of Sir Rowland Hill and Hist. of Penny Postage_, by G.

Birkbeck Hill, 1880, I. 301.

[85] Cf. Porritt, _The Unreformed House of Commons_, I. 16-17.

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