CHAPTER IX

Thomas Allen Stayner deputy postmaster general--Restrictions

of general post office relaxed--Grievances of newspaper

publishers--Opinion of law officers of the crown that

postmaster general's stand is untenable--Consequences.

Owing to failing health, Sutherland retired from the service in 1827. He

was succeeded by his son-in-law, Thomas Allen Stayner, the last of the

deputies of the postmaster general of England, and in many respects the

most notable. Stayner was brought up in the post office, and at the time

of his appointment to the position of deputy postmaster general he was

in charge of the Quebec post office.

A man of unusual ability, Stayner gained the confidence of his superiors

in England, to a degree at no time enjoyed by his predecessors. What was

equally important, he managed to keep on good terms with the governments

of the two provinces.

When the houses of assembly in Upper and Lower Canada denounced the post

office as inefficient and unconstitutional, and proposed to take the

management of it into their own hands, the governors and legislative

councils in the two provinces took the side of Stayner, and while they

urged upon him and the postmaster general the expediency of meeting the

reasonable demands of the assemblies, they set their faces steadily

against any revolutionary propositions respecting the control of the

department.

This attitude was in a measure due to a change in the policy of the

postmaster general and his advisers in England. The earlier deputies

were held by so tight a rein, and their suggestions and recommendations

so little regarded, that they occupied a role scarcely more important

than that of being the hands and voice of a department, which, unpopular

at home on account of its illiberality, aroused general discontent in

Canada by adding to its administrative vices, an entire ignorance of the

situation with which it had to deal.

At the outset of his administration Stayner's powers were as much

restricted as were those of the deputies who preceded him. A few months

after his appointment, he opened a post office at Guelph. He assured the

postmaster general that he had not done so until he had satisfied

himself that the prospective revenue would more than meet the expense.

But he did not escape a warning and an intimation that the departmental

approval would depend on the financial results.

Shortly afterwards, Stayner established an additional courier on the

route between St. John and St. Andrews in New Brunswick, the point at

which the mails between the Maritime provinces and the United States

were exchanged. This action, though most desirable in the public

interest, brought down upon him a rebuke, and a reminder that the

postmaster general's sanction must be obtained in all possible cases,

before lines of communication were opened which were attended with

expense.

The circumstances of the country were making a continuance of this

repressive course impossible. Settlements were springing up too rapidly,

and the demands for postal facilities were becoming too insistent to

leave it possible to delay these demands until formal sanction was

obtained from England. In November 1829, Stayner informed the postmaster

general that, in Upper Canada, the lieutenant governor, the legislature,

the merchants, and indeed the whole population, were calling for

increased postal accommodation.

In the United States, Stayner pointed out, almost every town and village

had a daily mail, and this excited discontent with the comparative

infrequency of the Canadian service. He suggested that he be allowed to

expand the service, and to increase the frequency of the courier's

trips, wherever he was convinced that the ensuing augmentation of

correspondence would more than meet the additional expense.

Stayner had been so fortunate as to impress the postmaster general with

the fact that a very considerable discretion might safely be left with

him. Besides this, the postmaster general was under a growing sense of

the insecurity of the legal foundations of the post office in the

colonies. To Stayner's gratification he received a letter from the

postmaster general[211] enjoining him to make it his study to extend the

system of communication in all directions where the increase of

population and the formation of new towns and settlements seemed to

justify it.

This was a wise step. It gave the department a representative, zealous

in its interests, as intimately acquainted with local conditions as the

assemblies themselves, and thoroughly competent to undertake the

responsibility devolving upon him.

Stayner's commission placed New Brunswick as well as Upper and Lower

Canada, under his charge. But before the close of 1828 the service in

New Brunswick was transferred to the control of the deputy postmaster

general for Nova Scotia.[212] This change was made at the instance of

the deputy of Nova Scotia, who, being in England at the time, explained

to the postmaster general how much more closely New Brunswick was

associated with Nova Scotia than with Quebec, and pointed out that

orders from home affecting New Brunswick and requiring immediate

attention were delayed in that they had to pass from Halifax through New

Brunswick, and then return to New Brunswick. All the other branches of

the imperial service in New Brunswick had their local headquarters in

Halifax.

At the time Stayner was placed in charge of the postal service in the

Canadas, the system of communication was still simple enough to be

described in a few lines. There was a trunk line from Halifax, Nova

Scotia, to Niagara and Amherstburg on the western boundaries of Upper

Canada. The distances were to Niagara, one thousand three hundred and

fifty-six miles, and to Amherstburg, one thousand five hundred and

sixteen miles.

The frequency of the trips made by the mail couriers over the several

stretches of this long route varied considerably. Between Halifax and

Quebec, a courier travelled each way weekly. The section between Quebec

and Montreal, the most populous in the country, was covered by couriers,

who passed five times each way weekly between the two cities.

From Montreal westward along the shores of the St. Lawrence and lake

Ontario to Niagara and Amherstburg, there were semi-weekly trips.

Running out from this trunk line there were six cross routes, four in

Lower Canada, and two in Upper Canada. Two of these left the trunk line

at Three Rivers--one running to Sorel, by way of Nicolet, with

semi-weekly mails; and the other to Sherbrooke, Stanstead and other

places in the eastern townships. There was a weekly service over this

route.

Mails were carried up the Ottawa river from Montreal as far as Hull, and

southward to St. Johns; in both cases twice weekly. In Upper Canada, the

only cross routes were one from Cornwall to Hawkesbury, with weekly

mails, and another from Brockville to Perth, with mails twice a week.

From Perth there was a weekly courier to Richmond.

The two principal points of connection with the United States were at

St. Johns, south of Montreal, and Queenston on the Niagara river. As

early as 1828, the United States post office had a daily service by

steamer on lake Champlain, which ran as far northward as St. Johns. In

1831, Stayner made a notable improvement in the mail service from

Montreal to Niagara, increasing the frequency of the trips to five each

week, and reducing the time of conveyance between the two points to six

days.

The appointment of Stayner in no way diminished the energy with which

the houses of assembly pursued their campaign against the administration

of the post office. In March 1828, the assembly in Upper Canada named a

committee consisting of Fothergill, Ingersoll, Matthews and Beardsley,

to inquire into the state of the post office. Their report, which was

made in 1829, did not disclose any new facts. Indeed, it would not seem

that the assemblies, in the series of inquiries, which were ordered from

year to year, thought so much of obtaining new light on the question as

of keeping the public alive to the grievances, which they were made to

appear to suffer.

The committee of 1829, after affirming the illegality of the existing

system and declaring that the surplus revenue which was sent annually to

Great Britain, was the result of starving the service, recommended the

establishment of a provincial post office, subject to the legislatures.

Post routes should be opened to every court house, and the charges on

letters and newspapers conveyed by steamboats should not exceed twopence

and one farthing each respectively.

The lieutenant governor, Sir John Colborne, though friendly to Stayner,

and appreciative of his efforts to meet the demands of the public in

Upper Canada, was not altogether satisfied with the system. He

maintained that it was impossible for Stayner from his headquarters in

Quebec to follow the rapid changes in the conditions of settlement in

Upper Canada, and was of opinion that the remedy for the existing

shortcomings of the post office in that province was to appoint an

official of a rank equal, or nearly so, to that held by Stayner, and

station him in Toronto.

Colborne, in communicating the view to the colonial office,[213] also

requested that arrangements should be made for a regular interchange of

correspondence between Upper Canada and Great Britain, by way of New

York.

Freeling, the secretary of the post office, was quite willing to meet

the views of the lieutenant governor, but was inclined to the view that

the people on both sides of the Atlantic had already settled the

question their own way. He explained that there was a plan in full

operation by which the correspondence between Liverpool and Upper Canada

was conveyed across the ocean independently of the post office at

twopence a letter, and that there was little likelihood that the public

would seek the aid of the post office to have this conveyance done for

them, and thereby become subject to charges four times as great.

The people of Liverpool, who had the largest correspondence with the

United States, Freeling reminded Colborne, scarcely sent one letter per

week by post, though thousands were sent outside the post office, by the

same vessels as carried the mails for the post office. As for the

appointment of a resident deputy in Upper Canada, Freeling thought there

would be no objection to such an arrangement.

In this opinion Stayner by no means concurred. He could see no good

reason for such an appointment. The postmaster general was more

impressed with the representations on behalf of the province than

Freeling thought desirable. Freeling reminded the postmaster general

that his powers might not be equal to his desires. He observed that in

the lieutenant governor's letter, a question was involved as to whether,

and if so, to what extent, the revenues of the post office could be

devoted to the general improvement of communications for the public

advantage, and he conceived that this was a point of view from which the

postmaster general was not empowered to regard the subject.

But the forces were gathering for an attack on the post office, which

promised to be much more formidable than any which had preceded it.

Until that time, the assailants of the system had been confined to what

the official clique regarded as the radicals and republicans and

grievance-mongers. In the houses of assembly the grievances of which

they complained became the motive of highly effective speeches and

resolutions, but the injuries they alleged really hurt nobody.

The rates of postage on letters were, according to present day

standards, exorbitant. But they were no higher than those charged in

England; and after all the post office was but little used by the masses

of the people. It is doubtful if the post office were employed in 1830

any more freely than the telegraph is to-day. In their contention that

it was a violation of constitutional guarantees to send the surplus post

office revenue to England, the assemblies were undoubtedly correct, but

loyal people bear many things of that kind easily.

At this time, however, the question was taken up by a body to whom the

postage rates were a personal grievance, and who at the same time

possessed the means of successful agitation. In the beginning of 1829, a

number of newspaper publishers in Lower Canada approached the governor

general, Sir James Kempt, with a request that they might be relieved of

the payment of postage on the newspapers which they sent to

subscribers.[214] They did not ask that the postage be remitted

altogether. All they desired was that the postage should be collected

from the subscribers and not from themselves. They also suggested that

the charge might be fixed at one penny per copy.

Stayner declared that he had no power to enter into such an arrangement.

The publishers thereupon changed their request, and asked that they

might be put on the same footing as the newspaper publishers in England

stood, and be thus entirely exempt from postage on their newspapers.

British publishers had enjoyed this concession since 1825, but as they

still had to pay a heavy excise duty on the paper they used, they could

not be regarded as free from public charges. In Canada there was no

stamp duty on paper. This difference between their situation and that of

their brethren in England was pointed out to the publishers, but the

explanation failed to satisfy.

One of the publishers, who had some inkling of the fact that the

newspaper postage did not go into the public revenue, but formed part of

the emoluments of the deputy postmaster general, observed that with as

much consistency a toll keeper might insist on farmers paying high

charges to him, because they paid no tithes.

With the publishers awake to the fact that they had something to

complain of, they made the most of their grievance. They were experts in

this line of exploitation. They found that the newspaper charges, which

they were convinced had no legal sanction, had been steadily advancing

for forty years past. In 1790, a shilling a year was all that was

charged as postage for each copy of a weekly newspaper. This rate was

increased by degrees to one shilling and threepence, one shilling and

eightpence, two shillings, two shillings and sixpence, until, in 1830,

it had risen to four shillings a year on weekly papers, and to five

shillings for papers published twice a week. The discontent of the

publishers was not lessened by the knowledge that in the Maritime

provinces, the yearly rate for weekly papers was two shillings and

sixpence for each copy.

The agitation against the newspaper charges was set in motion by Robert

Armour, proprietor of the _Montreal Gazette_. It had come to his

knowledge that the sums collected from the publishers did not appear in

the accounts of the postmasters with the department, and he suspected

that in some way they were retained by Stayner, though on this point he

had no certain information.

After Armour learned that the rates had been subjected to a continuous

process of enhancement, he made diligent search for any warrant that

might exist for the successive advances or indeed for the original

charge. Finding none, he turned to the authorities for information. It

was he who led the deputation to the governor general for relief in some

form. When this step failed, Armour demanded of the deputy postmaster

general his authority for the newspaper charges.

Getting no answer from that quarter, Armour endeavoured to bring matters

to an issue by refusing to pay the postage on the copies of his paper

which he posted in Montreal. The postmaster declined to accept the

papers without the postage, and Armour appealed to the postmaster

general in London. In due time the reply from the department was

received, and while it offered no immediate relief, it put Armour in

possession of some exclusive information, which, as a newspaper man, he

must have considered valuable.

Freeling, the secretary, informed Armour that the postmaster of Montreal

had failed in his duty, in refusing to transmit the newspapers simply

because the postage was not paid. The postmaster should have sent the

newspapers forward, and since the postage demanded by Stayner was not

paid, it fell upon the postmasters of the offices to which the papers

were directed to collect the postage, at the same rates as were charged

on letters.

As each paper was under this ruling chargeable with the rate which was

due on four letters, it may well be imagined that no publisher would

offer to pay the post office for the distribution of his papers by that

means. On these conditions, the postage on each copy sent from Montreal

to any of the post offices on the island of Montreal, to St. Johns or to

the nearer settlements in Upper Canada would be thirty-two cents. Each

copy sent to Three Rivers or to any points between sixty and one hundred

miles from Montreal would cost the subscribers forty-eight cents.

It is needless to pursue the charges into districts where the copies

were sent over one hundred miles. Freeling went on to explain that, as

the post office act had no provision for the conveyance of newspapers,

the postmaster general, in order to accommodate the publishers permitted

the deputy postmaster general to make private arrangements with them for

the transmission of their newspapers. By ancient and authorized custom,

the deputy postmaster general was allowed to treat the receipts from

this source as his own perquisite. This information with the comments

thereon greatly enlivened many issues of the _Gazette_.

Freeling was denounced as a sinecurist, who permitted impositions in the

colonies which he dared not make at home. Armour announced that he would

carry the matter into the legislature, and, if necessary, into the

courts. He had no desire to escape the payment of postage. All he

demanded was the establishment of an equitable rate, placed on a legal

basis. His idea was that the postmasters who handled the newspapers

should be paid from five to ten per cent. of their cost. The rates

charged by Stayner amounted to from twenty to twenty-five per cent. of

the subscription price. Armour would resist Stayner's claim to be a

sleeping partner in his business, who, contributing neither capital nor

talent, dictated what his share of the revenue should be.

Armour could write well, and his onslaught caused Stayner much

uneasiness. In a letter to the postmaster general[215] he attributed it

to some neglect or indignity, which Armour fancied he suffered at the

hands of a former deputy postmaster general, while, he stated, other

newspapers were recognizing with gratitude Stayner's efforts to satisfy

the reasonable demands of the public.

Every side of Stayner's work was vigorously attacked in the _Gazette_.

Complaints were made of a lack of necessary mail routes, and of an

insufficiency of service on existing routes. It was charged also that

Stayner's attention was confined to the older and more thickly settled

districts, which yielded the largest revenues. But, according to

Stayner, Armour's silence could have been purchased by a share of the

official printing which Stayner declined to give him. Whatever grounds

Stayner had for making the insinuation, there can be no question as to

the energy with which Armour bent himself to the task of exposing the

methods of the post office. When his papers were held in the Montreal

post office on account of his refusal to prepay the postage, he entered

actions for large amounts against Stayner.

These failed, as the courts declined to deal with the cases. He then

addressed himself to the legislature. In the beginning of 1831, Armour

and a number of other publishers presented a petition to the house of

assembly of Lower Canada, setting forth the high rates they had to pay

as postage for the transmission of their newspapers, and the impropriety

of Stayner's practice in appropriating the proceeds; and asking that

they might be put on an equal footing with the publishers in Great

Britain.

The petition was handed over to a committee of the house, who proceeded

to investigate the facts. In this they were only moderately successful,

as the only person who was in a position to give them the information

they desired, declined to answer the interrogatories put to him.[216]

Stayner, in reply to inquiries as to the financial condition of the post

office and the disposition of the surplus revenues, pleaded that he was

employed by a branch of the imperial government, which in none of its

instructions had recognized the right of the assembly to institute the

inquiries being made. To answer the questions put to him by the

committee might lead to disclosures, which would involve him with his

superior officers until he had received specific instructions from them

on the point.

But though little was learned from Stayner, the committee had obtained

some useful information from inquiries made in the British house of

commons by Joseph Hume. It appeared that the large sum of L36,000 had

been received by the British treasury as surplus revenue for the years

1825 and 1826.

Stayner endeavoured to lessen the importance of this fact by declaring

that more than half the amount was postage paid by the army, which was

not properly chargeable with postage at all. The committee declined to

accept this view; and while perfectly friendly to Stayner, and admitting

that he had effected some considerable improvements, they were persuaded

that the service was far from being what the people had a right to

expect.

Looking outwards from Quebec, the committee observed that there was no

postal service whatever in the counties of Montmorency and Saguenay,

which embraced the earliest settlements in the country. On the south

shore of the St. Lawrence, and along the Etchemin and Chaudiere rivers,

there was a wide stretch of well-settled country entirely lacking the

means of communication with the capital, though but a short distance

from it.

From Quebec eastward to the New Brunswick boundary there were over

100,000 people, and the only postal accommodation for this great extent

of territory was afforded by seven post offices lying along the line of

the post route between Quebec and Halifax. The peninsula of Gaspe, with

a line of fishing settlements all along the coast, had but two mails

each year.

The committee regretted particularly the situation as regards the

conveyance of newspapers. The post office was under no legal obligation

to carry them except as letters, and yet there was no other means

available for their circulation. If the law had not conferred on the

post office a monopoly of carrying letters, the publishers would have a

resource. They might establish a transportation system, and meet their

expenses by carrying letters as well as newspapers.

The secrecy with which the affairs of the post office were surrounded

was much deprecated by the committee, as giving ground for speculation

and suspicion that could not fail to do harm to the institution. If,

under the present system of imperial control, an adequate service were

rendered, there would have been no just grounds for complaint.

But if the interests of the province were not regarded, the people were

entitled to object to their being limited to a means of conveyance which

did not meet their requirements, and to assume that the revenue arising

from the service was not properly applied. The committee in conclusion

expressed their confidence in the good will of both the postmaster

general and his deputy in Canada, and their belief that their complaint

had only to be laid before the governor general to secure favourable

consideration.

Before concluding to withhold from the house of assembly, the

information it sought, Stayner with characteristic prudence had enlisted

the support of the governor general, who coincided with him in his view

as to the impropriety of his submitting to the questioning of the house

regarding the affairs of a branch of the imperial service. When he laid

the course he had pursued before the postmaster general, Stayner also

gained his approval for the zeal and sagacity he had shown.

But Armour persisted in his attacks in the _Gazette_, and in the two

sessions which followed managed to alienate from Stayner a large measure

of the good will of the house of assembly. Stayner's determination to

withhold information from the assembly was a source of irritation. The

facts which had come to their knowledge through questions in the house

of commons at Westminster, the ungracious admissions which the

possession of these facts enabled the house to extort from Stayner, and

his specious and unconvincing defence of his perquisites, all combined

to change the house from an attitude of friendliness to one of

criticism and even hostility.

The house no longer rested in the belief that, to obtain satisfaction,

all that was necessary was to lay their grievances before the

department. In 1832, it denounced the methods of the department, and

presented an address to the governor general praying that the home

government might place the post office under the control of the

legislature.[217]

In the session of 1833, the pertinacious Armour again appeared before

the assembly. He had no new facts to present, but managed to sustain the

interest of the house in the facts already before it.

The assembly on this occasion set forth its views at greater length. In

an address to the king,[218] it represented that the post office should

not be a means of raising a revenue greater than was needed to enable it

to establish offices wherever they might be required; that if the rates

were higher than was necessary for that purpose they should be lowered;

and that any surplus revenue should be at the disposition of the

legislature for the improvement of communications by post throughout the

country; also, that newspapers should pass through the post office in

Lower Canada, free of postage.

In the assembly in Upper Canada the post office was also vigorously

assailed. There was general agreement on the proposition that the

existing arrangements were not satisfactory, but on the point of remedy

opinions differed sharply. The reformers, of whom Dr. Duncombe was the

spokesman, adopting the argument of the Baldwin committee of 1821,

insisted that the post office had no legal basis in Upper Canada.

Duncombe and his associates held that it was a violation of the

constitution to send any surplus revenue to Great Britain, and that it

was the obvious duty of the legislature to pass an act, taking to itself

the control of the provincial post office. They believed that the

revenues from the service would amply suffice to cover all its expenses,

but if it should turn out that such was not the case, they were prepared

to meet the deficiency from the general revenues of the province.

The government party, on the other hand, always ready to fight for

things as they were, did not accept the argument of the Baldwin

committee. They held that the post office was an institution necessary

to commerce, and, as such, it was not placed by the acts of 1778 and

1791 under the jurisdiction of the provincial legislature. They did not

believe that the provincial post office furnished a revenue sufficient

to cover the expenses, but if it should be shown that they were wrong,

and that the post office yielded a surplus, they were convinced that the

imperial government had no desire to retain the surplus for its own

purposes.

Colborne, the lieutenant governor, was in general agreement with the

government party. But he believed that, having regard to the great

distances between Quebec, and the rapidly rising settlements in the

remoter parts of Upper Canada, an administrator, having his headquarters

at Quebec could never understand the necessities of the new districts,

and that it was indispensable that there should be stationed at Toronto

an officer with powers nearly, if not quite, equal to those of the

deputy postmaster general at Quebec.

In the sessions of 1832 and 1833, the subject was warmly debated.[219]

The views of the reformers were presented by Duncombe and Bidwell. They

were opposed by the attorney general (Henry John Boulton), the solicitor

general (Christopher Hagerman), and Burwell, who was postmaster at Port

Burwell.

It was one of the complaints of the reformers that there were in the

house of assembly a number of postmasters who voted not according to

their own convictions, but according to the orders of Stayner.

As the result of the discussion, it was resolved to present an address

to the king, asking that an annual statement of the revenue and

expenditure of the department be laid before the legislature; that

newspapers should be distributed throughout the province free of

postage; that the correspondence of the members of the legislature

should pass free during sessions; and finally, that in the event of a

surplus being obtained, the postage rates should be reduced, or that the

surplus should be devoted to the improvement of the roads.

Stayner, in sending to the postmaster general, copies of the addresses

from Upper and Lower Canada, expressed his gratification that the

assemblies in both provinces appeared to have dropped the idea of

independent provincial establishments, and gave it as his opinion that

the legislatures would look for nothing further than such reasonable

modifications of existing laws and regulations as the imperial

government might determine.

That some changes were necessary Stayner was quite convinced. The

postage on newspapers, for instance, could not long remain in its

present position, as regards either the amount of the charges or the

mode in which the revenue therefrom was disposed of. As for the request

of the legislatures that newspapers should be distributed by the post

office free of charge, there seemed no sound reason why this should be

done. A moderate rate should be fixed, and some arrangement made for the

disposal of the revenue from this source. The present plan aroused

dissatisfaction, and indeed the amount collected was fast becoming too

large to be appropriated in the existing manner.

The postmaster general expressed his satisfaction with Stayner's report,

and indeed it appeared at that moment to be of more than usual

consequence to him that the colonies should be well affected towards the

post office.

It will be remembered that when the Baldwin report reached England in

1821, the postmaster general was sufficiently impressed with the cogency

of the argument against the legal standing of the British post office in

the colonies, to call for the opinion of the law officers upon it. When

the case was prepared by the solicitor for the post office, it was still

more impressive, and the postmaster general thought better of his desire

to have a definite opinion upon it, as it appeared more than probable

that the opinion might be against the post office. He accordingly

directed that the papers should be put away, and they lay undisturbed

for eleven years.

But the repeated remonstrances of the colonial assemblies, joined to the

rising dissatisfaction with the general political conditions in Upper

and Lower Canada, made it desirable to remove any real grievances which

might be found to exist in the control and management of the postal

system.

The first step taken in this direction was to ascertain whether there

was any foundation for the contention of the assemblies that the whole

system rested on an illegal basis, and that the revenues collected by

the post office in the colonies were taken in violation of the

fundamental principle governing the relations between the mother country

and the colonies.

The case was accordingly submitted to the attorney general and the

solicitor general in 1832; and on the 5th of November of that year a

decision was given, upholding the colonial contentions on all

points.[220]

The questions upon which the opinions of the law officers were required

were (first) whether the power to establish posts, and the exclusive

right to the conveyance of letters given by the acts of 1711 and 1765,

had the force of law in the Canadas, and (second) whether the postage

received for the inland conveyance of letters within those provinces

ought to be paid into the exchequer and applied as part of the revenue

of the United Kingdom, or whether it ought to be devoted to the use of

the province in which it is raised.

The law officers gave the case the attention its importance called for.

It appeared, they stated, to involve practical considerations of the

highest political importance, bringing directly into question the

principle of the declaratory act of 1778, respecting internal taxation

of the colonies by the mother country.

Their opinion was that the rates of internal postage could not be

considered as within the exception of duties imposed for the regulation

of commerce, but that if they could be so considered, they would by the

terms of that act be at the disposal of the province, instead of

constituting a part of the revenues appropriated for the general

purposes of the empire.

It had been contended, as a question of law, that since the act of 1765,

by which the colonial rates were finally determined, was in operation at

the time of the declaratory act of 1788, it had not been annulled by the

latter act, the language of which was, not that rates then existing

should be no longer levied, but that after the passing of the act of

1778, no tax or duty should be levied. But the law officers had no great

confidence in the argument. In their own words they were of opinion that

"it would not be safe to agitate the question as a question of law with

the colony, and if it could be so discussed, it would not succeed, and

that it could not be enforced."

The opinion of the law officers could not have been unexpected, but it

gave the postmaster general much concern. In a note appended to the

decision, he accepted the opinion of the law officers as conclusive. The

department, he said, was beaten off its first position, and his view was

that a plan should be drawn up by which the post office should

relinquish to the provinces any surplus revenue after the expenses were

paid, and permit an account of the receipts and expenditures to be laid

on the tables of the legislatures. While forced to concede this much the

postmaster general was convinced that the appointment of the officers of

the department should remain with the crown. Otherwise he foresaw the

ruin of the colonies, so far as correspondence was concerned; for the

postmaster general and legislature of Upper Canada would be at perpetual

strife with the postmaster general and legislature of Lower Canada.

However, he concluded that before taking any step in the matter he would

consult Goderich, the colonial secretary.

It was not until the following March that the postmaster general saw

Goderich respecting the post office. The interview was quite

satisfactory. The colonial secretary agreed to the propositions.

Legislation would be necessary, and to that end Stayner was called to

London to give his assistance.

At this time the government received assurances from an unexpected

source that the plan settled upon would be satisfactory to the Canadian

people. William Lyon Mackenzie, and Denis Benjamin Viger, representing

as they maintained, the body of the public in the two provinces, visited

England for the purpose of laying before the government the grievances

of the Canadian people.

On reaching London, Mackenzie and Viger wrote to the secretary of the

post office, requesting an interview with the postmaster general. The

request was refused on the ground that the postmaster general did not

feel authorized to communicate with any person but the colonial

secretary on colonial matters. The delegates then addressed themselves

to Goderich, who cordially invited them to lay their case before him.

Mackenzie, thus encouraged, prepared a statement, which, though long and

detailed, was studiously moderate in tone.[221] On all other points of

colonial policy, Mackenzie declared, people would be found to differ,

but as regards the post office there was absolute unanimity. There must

be a change. Stayner himself admitted that the arrangements were

imperfect.

The colonial governments were in favour of separate establishments, but

Mackenzie was of Stayner's opinion that such would be impracticable. His

own belief was that the only feasible scheme would be to bring all the

colonies of British North America under one deputy postmaster general,

who should be responsible to the postmaster general of England.

Mackenzie apparently would be quite satisfied to see the office of

deputy postmaster general vested in Stayner, whom he described as a

persevering, active officer.

The other suggestions of Mackenzie were in line with the more

conservative recommendations of the colonial assemblies. On one

subject, however, he expressed himself strongly. He said the packet

service between the Canadian provinces and the mother country was so

indifferent that it went far to convince Canadians that Great Britain

desired as little correspondence with Canada as possible.

As an instance of the inferiority of the packet service, Mackenzie told

Goderich that he had shortly before received a letter by the Halifax

packet, which was sixty-five days on the way, and which cost five

shillings and fourpence-halfpenny for postage, and another by way of New

York, which was only thirty-four days in coming, and cost only one

shilling and fourpence-halfpenny. The announcement of the arrival of the

English mail by the Halifax packet was scarcely heeded, whereas no

sooner was it known that the Liverpool mail had arrived from New York

than the Montreal post office was crowded. Mackenzie's statement on this

point was fully confirmed by Stayner on his arrival in London in June.

Stayner, when informed of the opinion of the law officers, was not

disposed to acquiesce in it as readily as the postmaster general had

done. Colonial lawyers, always more imperial and more conservative than

the Eldons and Lyndhursts in London, had assured him that the necessity

of imperial control of the colonial post office was the strongest reason

for believing that parliament never intended to divest itself of the

power by the act of 1778. The conviction of the necessity of imperial

control was held by all persons qualified to have an opinion, and,

Stayner declared, by the legislatures themselves.

The firm belief of Stayner was that, if the imperial parliament failed

to legislate on the present critical situation then they must give up

all idea of ever having the question settled. The several colonies could

never be brought to concur in their views on this or any other subject.

They knew this, and did not ask to have the matter submitted to their

own legislation.

Stayner certainly overstated the reluctance of the legislatures to deal

with the question of the provincial post office. But, as his opinion had

the support of so ultra a radical as Mackenzie, the postmaster general

could not be blamed for accepting, and, as far as possible, acting upon

it.

There was, however, a difficulty. Indeed, the way back into right

courses seemed beset with difficulties. The postmaster general was quite

willing to furnish the legislatures with annual statements of the

revenue and expenditure, to leave with the colonies all surplus

revenues, and to satisfy all the reasonable desires of the provinces.

But by what steps should he proceed, to legalize the course he proposed?

If the necessary legislation could be enacted by the imperial

parliament, all would be well. With a free hand, he would have no

trouble in satisfying all the interests concerned. But if the bills had

to originate with the provincial legislatures, the postmaster general

would despair of bringing the matter to a successful conclusion, as he

was convinced that the requisite action on the part of the several

provincial legislatures would never be taken. The postmaster general

again turned to the law officers. It was essential that they be

consulted on the question.

The points on which opinion was desired were two. The first was whether,

without any further authority of parliament, the surplus of any postal

revenue raised within the colonies under the act of 1765, could be

appropriated and applied under the direction of the respective

legislatures for the use of the province in which such surplus might

arise.

The second was whether it would be competent for the British parliament

to fix a new set of rates for the colonies, or whether the acts of 1778

and 1791 made it necessary that the authority for such rates should

proceed from the respective colonial legislatures.

Both of these questions were answered adversely to the hopes of the

postmaster general.[222] The law officers had no doubt that the act of

1778 was applicable to the Canadas, and that, if objections were raised

in the provinces to the payment of postages fixed by the British

parliament, whether by the act of 1765 or by an act to be thereafter

passed, the legality of the charges could not be maintained, nor could

payment of them be enforced in the absence of authority from the

legislature of the province concerned.

The proper procedure to be followed, in the opinion of the law officers,

was for the British parliament to repeal the act of 1765, and leave it

to the provinces to establish a new set of rates. The law officers were

aware of the difficulties which would arise, if after the act of 1765

had been repealed, the colonial legislatures failed to agree on a scheme

of rates or on the necessary arrangements for a uniform postal system

throughout the provinces. In such a case, there would be a period in

which there would be not even the semblance of legal authority for the

postal service within the colonies.

After a further interchange of correspondence between the postmaster

general and the law officers, it was decided to introduce into the

imperial parliament a bill repealing the act of 1765, but making the

operation of the bill contingent upon suitable legislation being adopted

by the legislatures of the several provinces. In order to facilitate the

passage of identical legislation by each of the legislatures, a draft

act was prepared by the solicitor of the general post office, and a copy

was sent to the lieutenant governor in each of the provinces for

submission to his legislature.

The act of the imperial parliament was passed and received the king's

assent on the 26th of March, 1834.[223] It contained but two clauses.

The first provided for the repeal of the imperial act of 1765, so far as

that act authorized the collection of postage in the colonies, but

stipulated that it should not become operative until acceptable

legislation had been adopted in the several provinces, authorizing the

collection of postage and making suitable arrangements for a postal

service throughout the provinces.

The second clause stipulated that, in the event of the revenues from the

colonial post offices exceeding the expenditures, the surplus should no

longer be sent to London to form part of the revenues of the United

Kingdom, but should be divided among the several colonies in the

proportion of their gross revenues.

The draft bill, prepared by the solicitor of the general post office,

provided for a complete postal system in each of the provinces.[224]

Under this bill, the postmaster general at St. Martin's-le-Grand was to

be the head of each provincial system, and the appointment of a deputy

postmaster general in each province, who should reside in the province

and manage the system therein, was to be in his hands.

The postage rates were to be the same in the several provinces; and in

the case of correspondence between the provinces, the charge for postage

was to be fixed in accordance with the entire distance the articles were

carried, without regard to provincial boundary lines.

It will be seen that if the provincial legislatures adopted the bills

framed in London for them, there would be no change whatever in the

practical working of the colonial system. The postmaster general in

London would, as theretofore, control the arrangements, and the charges

were fixed, regardless of provincial boundaries. As the imperial act

stipulated that any surplus which should arise from the system should be

distributed among the colonies, so the proposed provincial bills

provided for the contingency of a deficit in its operations.

Each provincial bill empowered the postmaster general to demand from the

legislature the amount, which it was agreed that the province should be

held responsible for, to make up the deficit. Upper and Lower Canada

were to bind themselves to pay in such a case up to L2000 from each

province. Nova Scotia was to pay up to L1200; New Brunswick up to L600;

and Prince Edward Island up to L200.

In anticipation of the adoption of the bills by the several

legislatures, the postmaster general appointed an accountant, who should

have general charge of the financial transactions of all the colonies.

He was to be established at Quebec. His position in relation to the

deputy postmaster general of Lower Canada was somewhat peculiar. While,

in general, he was subordinate to the deputy postmaster general, in all

matters touching the accounts, he was independent of the deputy, and

responsible only to the postmaster general in London.

There were also appointed two travelling surveyors or inspectors in the

Canadas, one of whom was stationed at Quebec, and the other at Toronto.

Nothing could have been more necessary for the proper administration of

the service, and for the expansion of the system to meet the

requirements of the new settlements. It was impossible for Stayner to

give personal attention to the duty of supervising postmasters, or to

inquiries into the merits of the numerous applications from all parts of

the country for new post offices.

The necessity for assistance in this direction was impressed on Stayner

by a number of robberies which took place on the grand route between

Montreal and Toronto--episodes in post office economy which he was

helpless to investigate.

Two of these robberies have incidents connected with them, which are

deserving of mention. In February 1835, on a stormy night, the mail bag

dropped off the courier's sleigh somewhere in the neighbourhood of

Prescott, and it could not be found. As the contents of the bag included

banknotes to the value of from L10,000 to L12,000, a reward of L200 was

offered for the conviction of the thief and the recovery of the money.

Within half an hour after the placard was on view in Prescott, a man who

heard it read, exclaimed excitedly: "I know all about it, I have the

bag at home." It turned out that this man had found the bag, rifled it,

and used part of the money, and, carried away with the prospect of the

large reward, had actually informed on himself.

The other case is noteworthy on account of the energy displayed by the

loser of a valuable letter, in pursuing and securing the conviction of

the thief. The letter, which contained L200, was posted in Toronto, and

addressed to a gentleman living near L'Original. As the department,

owing to the lack of effective aid, was limited in its efforts to

advertising the loss in the newspapers and by placards, the loser of the

letter took the inquiries into his own hands.

He spent nearly a year in his investigations, travelling up and down the

country between Montreal and Toronto, and in the state of New York,

covering a distance of upwards of two thousand one hundred miles. It is

satisfactory to be able to say that he managed to locate and secure the

arrest and conviction of the thief. So well had he done his work, that

the deputy postmaster general adjudged him to be entitled to the L50

reward offered by the department.

FOOTNOTES:

[211] Freeling to Stayner, August 7, 1830.

[212] Freeling to Stayner, September 25, 1828.

[213] _Can. Arch._, Br. P.O. Transcripts, II.

[214] _Can. Arch._, Br. P.O. Transcripts, III.

[215] _Can. Arch._, Br. P.O. Transcripts, III.

[216] _Journals of Assembly_, L.C., 1831, App. F.F.

[217] _Journals of Assembly_, L.C., 1831-1832, p. 415.

[218] _Ibid._, 1832-1833, p. 561.

[219] _Report, Journals of Assembly_, 1831-1832, App. 201. Address to

king, _Journals_, 1832-1833, p. 137.

[220] _Can. Arch._, Br. P.O. Transcripts, IV.

[221] _Can. Arch._, Q. 380, p. 417.

[222] November 27, 1833, _Can. Arch._, Br. P.O. Transcripts, IV.

[223] _Imperial Statutes_, 4, William IV. c. 7.

[224] The bill for Upper Canada is printed in App. 8 to the _Journals of

the Assembly_ for 1835. Those submitted to the other provinces were

identical except as to the maximum to be contributed by the province in

the event of a financial deficit.

The History of the Post Office in British North America · 第 9 / 20 章