CHAPTER I

PRELIMINARY MATTERS

The most important of the British North American Colonies in 1850 were Canada, New Brunswick, and Nova Scotia. Though not united politically, they yet had the common bonds of fatherland, of race, of mercantile interest, and the mutual dependence that comes, or should come, from propinquity under these conditions. It is not surprising, therefore, that all three should make provision for assuming control of their domestic postal systems in the same year, nor that they should adopt practically identical ordinances for this purpose, and should make common postal rates for their internal and inter-colonial mail matter. Still less surprising is it when we recall that it was but the breaking up into sections of what had previously been a homogeneous postal system for the whole of British North America, operated under the Imperial Laws as detailed in the last chapter.

While the project of turning over local postal systems to the colonies was taking shape in the British Parliament, Canada "took time by the forelock" and made preparations for obtaining its own postage stamps.

"In the Journal of May 21, 1849, there is a message to the legislative assembly of Canada relating to the establishing of a general post-office for the Province, when handed over by the Imperial government. A resolution was brought up in the assembly on May 22, 1849, 'That postage stamps for prepayment be allowed and that Colonial stamps be engraved.' This finally passed the assembly on May 25, 1849, and received the assent of the legislative council on the 26th."[5]

[5] =Metropolitan Philatelist=, I: 253.

A year later, after the passage of the enabling act by the British Parliament, which has been already quoted, the Canadian Parliament took up the consideration of the main subject and on the 10th August, 1850, passed what is known briefly as _The Post Office Act_, the provisions of which that are of most interest to us being such as follow:--

13^o & 14^o Victoriae., Cap. XVII.

An Act to provide for the transfer of the management of the Inland Posts to the Provincial Government, and for the regulation of the said Department.

Whereas by the Act of the Parliament of the United Kingdom, passed in the Session held in the twelfth and thirteenth years of Her Majesty's Reign, and intituled, _An Act for enabling Colonial Legislatures to establish Inland Posts_, the Legislatures or proper legislative authorities of Her Majesty's Colonies are empowered ... to make such provisions as [they] may think fit for and concerning the establishment, maintenance, and regulation of Posts and Post Communications within such Colonies respectively, and for charging rates of postage for the conveyance of letters by such Posts and Post Communications, and for appropriating the Revenue to be derived therefrom: ... And whereas it is expedient that a uniform and cheap rate of postage should be established throughout the several Colonies of British North America, and with a view to the establishment thereof, the Local Governments of the said Colonies have agreed upon certain conditions hereinafter mentioned and forming a part of the provisions of this Act, and it is therefore expedient to exercise the powers so vested as aforesaid in the Legislature of this Province: ...

II. And be it enacted, That the Inland Posts and Post Communications in the Province shall, so far as may be consistent with the Acts of the Parliament of the United Kingdom in force in this Province, be exclusively under Provincial management and control; the Revenue arising from the duties of postage and other dues receivable by the Officers employed in managing such Posts and Post Communications shall form part of the Provincial Revenue, unless such moneys belong of right to the United Kingdom or to some other Colony, or to some foreign state; and the expenses of management shall be defrayed out of Provincial Funds....

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V. And be it enacted, That the Provincial Post Master General shall be appointed by Commission under the Great Seal of the Province, and to hold his office during pleasure, but the Post Masters and other Officers of the Department shall be appointed and may be removed by letter from the proper Officer communicating the Governor's pleasure.

VI. [_All privileges, powers and authority of Her Majesty's Deputy Post Master General are transferred to and vested in the Provincial Post Master General._]

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VIII. And in conformity to the agreement made as aforesaid between the Local Governments of the several Colonies of British North America, Be it enacted, That the Provincial Postage on letters and packets not being of Newspapers or Printed Pamphlets, Magazines or Books, entitled to pass at lower rate, shall not exceed the rate of three pence currency, per half ounce, for any distance whatsoever within this Province, any fraction of a half ounce being chargeable as a half ounce: that no transit postage shall be charged on any letter or packet passing through this Province or any part thereof to any other Colony in British North America, unless it be posted in this Province and the sender choose to pre-pay it; nor on any letter or packet from any such Colony if pre-paid there: that two pence sterling the half ounce shall remain as the rate in operation as regards letters by British Mails, to be extended to Countries having postal conventions with the United Kingdom, unless Her Majesty's Government in the United Kingdom shall see fit to allow this rate to be changed to three pence currency:

That the pre-payment of Provincial Postage shall be optional:

That all Provincial Postage received within the Province shall be retained as belonging to it, and that all Provincial Postage received within any other of the British North American Colonies, may be retained as belonging to such Colony:

That the British Packet Postage and other British Postage collected in this Province shall be accounted for and paid over to the proper authorities in the United Kingdom; but the Colonial Postage on the same letters or packets shall belong to the Colony collecting it, or if pre-paid to the British Post Office, it may be credited to the Colony to which such letters or packets are addressed:

That no privilege of franking shall be allowed as regards Provincial Postage:

That Provincial Stamps for the pre-payment of postage may be prepared under the orders of the Governor in Council, which stamps shall be evidence of the pre-payment of Provincial Postage to the amount mentioned on such stamp, and that such stamps prepared under the direction of the proper authorities in the other British North American Colonies, shall be allowed in this Province as evidence of the pre-payment of Provincial Postage in such other Colonies respectively, on the letters or packets to which they are affixed, and which have been mailed there:

That the Provincial Postage on Newspapers, Pamphlets, Magazines and Printed Books, shall remain such as it now is until it be altered by regulation under this Act.... Provided always, that one copy of each newspaper published in this Province may be sent free from postage to any Publisher of another Newspaper in this Province, that all printed documents addressed to the Publisher of any Newspaper in this Province shall be delivered to him free, and that all Newspapers published in this Province and addressed to Subscribers in the United States, shall pass free to the Provincial line, under such regulations as the Governor in Council shall make to prevent the abuse of the privileges hereby granted:

And, subject to the foregoing provisions of this section and to the other express provisions of this Act, the Governor in Council shall have full power and authority ... for establishing the rates of postage on Newspapers and Printed Pamphlets, Magazines and Books, and for declaring what shall be deemed such, or directing that in any case or class of cases they be free of postage, either in the first instance or the case of their being re-mailed, ... for the preparing and distributing of Provincial stamps for pre-payment, for limiting the weight and dimensions of letters or packets to be sent by Post ... for prescribing the conditions and circumstances under which letters, accounts and papers relating solely to the business of the Post Office, and addressed to or sent by some officer thereof, shall be free from Provincial Postage, ... for providing, when he shall think it expedient, means for avoiding the risk of transmitting small sums of money through the Post, by establishing a system of money orders to be granted by one Post Master or officer of the Department on another, and fixing the terms on which such orders may be obtained, for establishing a system for the Registering of letters and the charge[6] be made for such registration, ... for the delivery of letters and packets in the larger and more populous Cities and Towns, at the residences of parties to whom they are addressed, and fixing the limits within which such delivery shall take place, and the rates to be paid by the parties who shall prefer to have their letters and packets so delivered, rather than apply for them at the Post Office: ... and generally to make such regulations as may be deemed necessary for the due and effective working of the Post and Postal business and arrangements, and for carrying this Act fully into effect:

IX. And be it enacted, That subject always to the provisions and regulations aforesaid, the Provincial Post Master General shall have the sole and exclusive privilege of conveying, receiving, collecting, sending and delivering letters within this Province; and that any person or party who shall (except in the cases hereinafter excepted) collect, send, convey or deliver, or undertake to convey or deliver any letter within this Province, or who shall receive or have in his possession any letter for the purpose of conveying or delivering it, otherwise than in conformity with this Act, shall for each and every letter so unlawfully conveyed or undertaken to be conveyed, received, delivered or found in his possession, incur a penalty not exceeding five pounds currency: [_exceptions are letters taken by friends journeying, by special messengers, Court Commissions, etc._]

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XI. And be it enacted, That as well the Colonial, British or Foreign as the Provincial Postage on any letter or packet shall (if not pre-paid) be payable to the Provincial Post Master General by the party to whom the same shall be addressed, or who may lawfully receive such a letter or packet, which may be detained until the same be paid: ... and if any letter or packet be refused, or if the party to whom it is addressed cannot be found, then such postage shall be recoverable by the Provincial Post Master General from the sender of such letter or packet: ... and that all postage may be recovered with costs, by civil action in any Court having jurisdiction to the amount, or in any way in which duties are recoverable.

XII. And for avoiding doubts, and preventing inconvenient delay in the delivery of letters, Be it declared and enacted, That no Post Master shall be bound to give change, but the exact amount of the postage on any letter or packet shall be tendered or paid to him in current coin or in Provincial Postage stamps.

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XIV. [_Letters of Soldiers, Seamen, etc., shall be charged a certain fixed sum in place of all British or Provincial postage._]

XV. [_Posted letters to be property of party addressed._]

XVI.... To forge, counterfeit or imitate any Postage Stamp issued or used under the authority of this Act, or by or under the authority of the Government or proper authority of the United Kingdom, or of any British North American Province, or of any Foreign Country, or knowingly to use any such forged, counterfeit or imitated stamp, or to engrave, cut, sink or make any plate, die or other thing whereby to forge, counterfeit or imitate such stamp or any part or portion thereof, except by the permission in writing of the Provincial Post Master General, or of some officer or person who under the regulations to be made in that behalf, may lawfully grant such permission, or to have possession of any such plate, die or other thing as aforesaid, without such permission as aforesaid, or to forge, counterfeit or unlawfully imitate, use or affix to or upon any letter or packet, any stamp, signature, initials, or other mark or sign purporting that such letter or packet ought to pass free of postage, or at a lower rate of postage, or that the postage thereon or any part thereof hath been pre-paid or ought to be paid by or charged to any person, department or party whomsoever, shall be felony, punishable by imprisonment in the Provincial Penitentiary for life.

[6] sic.

The passage of the above Act and its approval by the Queen in Council gave opportunity for preparations to be made to carry out its provisions, the date being set for the 6th April, 1851. Three weeks previous to the appointed time the following notice was sent out to postmasters in anticipation of the transfer.

NOTICE TO POSTMASTERS.

GENERAL POST OFFICE, MONTREAL, 14TH MARCH, 1851.

SIR:--

I am commanded by His Excellency the Governor General, to communicate to you the following Instructions, for your guidance in the performance of your duties, under the New Post Office Law of the 13th and 14th Vict., chap. 17, passed at the last Session of the Provincial Parliament, which will take effect, and supersede the Imperial Post Office Acts, hitherto in force in Canada, on and from the 6th day of April next:

1. From the above date, all Letters transmitted by the Post in Canada, with the exception of Packet Letters to and from the United Kingdom, will be liable to a uniform rate of _Three_ Pence, currency, per half-ounce, for whatever distance conveyed: pre-payment will be optional: the charge increasing according to the weight of the Letter, one single rate for every additional half-ounce, counting the fraction of a half-ounce as a full rate, thus:

A Letter, weighing not exceeding 1/2 ounce, will be liable to 3d. Postage.

A Letter, weighing more than 1/2 ounce, and not exceeding 1 ounce, will be liable to 6 d. Postage.

A Letter, weighing more than 1 ounce, and not exceeding 1-1/2 ounces, will be liable to 9d. Postage.

A Letter, weighing more than 1-1/2 ounces, and not exceeding 2 ounces, will be liable to 1 s. Postage.

A Letter, weighing more than 2 ounces, and not exceeding 2-1/2 ounces, will be liable to 1 s., 3 d. Postage, and so on.

It will be observed that the above scale differs from that now followed, in advancing one rate for each half-ounce after the first ounce.

2. The single Packet rate for Letters by the Atlantic Steam Packet Mails to and from England, viâ the United States, of 1s. 2d. sterling, if _un-paid_, and 1s. 4d. currency if _pre-paid_, as also the rate on Letters by those mails, viâ Halifax, of 1s. [missing value] sterling, if _un-paid_, and 1s. 1-1/2 d. currency, if _pre-paid_, remain unaltered, and the present scale of weights is to remain in force as regards such Letters.

Post Masters must be very careful to observe this distinction when taxing Letters, weighing over one ounce, intended for the English Mails.

3. The regulations now in force with regard to Letters to and from Soldiers and Sailors in Her Majesty's Service, by which under certain conditions such Letters pass through the Post on pre-payment of a penny only, will remain unaltered.

* * * * *

5. Letters addressed to New Brunswick, Nova Scotia, Prince Edward's Island, or Newfoundland, are to be rated with the uniform rate of 3d. per half-ounce.

6. Letters to and from the United States will be liable to the uniform rate of 3d. per half-ounce, between the Frontier Line and the place of posting or place of destination in Canada; and until further arrangements can be made, this charge on Letters from Canada to the United States must be pre-paid at the time of posting.

7. [_Rates and regulations for Newspapers, Pamphlets, etc., to remain as at present._]

8. [_Printed matter addressed to Editors is free._]

9. The charge on Letters posted at an Office for delivery in the same City, Town, or Place, and any additional charge made on Letters delivered at the residences of parties to whom they are addressed, are to remain as at present, until further instructions.

10. No Franking Privilege is allowed under the New Act except with regard to Letters and Packets on the business of the Post Office, addressed to or transmitted by the Post Master General.

* * * * *

13. Stamps for the pre-payment of Postage are being prepared, and will be distributed for the use of the public at an early date.

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16. [_Letters, etc., to Deputy Post Master General to pass free._]

T. A. STAYNER. _Deputy Post Master General._

[*] [Transcriber's Note: 2 or 3 characters here are unreadable.]

Meanwhile, under the authority given the Governor in Council by _The Post Office Act_, an agreement had been drawn up between the post office Departments of Canada and the United States for the purpose of establishing and regulating the interchange of mails between the two countries. This was signed on the 25th March, 1851, and was communicated to the Canadian post-masters by the first department order, as follows:--

DEPARTMENT ORDER [NO. 1.]

LETTERS, ETC., BETWEEN CANADA AND THE UNITED STATES, INCLUDING CALIFORNIA AND OREGON.

POST OFFICE DEPARTMENT, TORONTO, _2nd April_, 1851.

Commencing on and from the 6th instant, Letters, Newspapers, &c., will pass through the Mails between Canada and the United States, including California and Oregon, at the Rates of Postage and under the Regulations herein mentioned.

1. Letters posted at any Office in Canada, addressed to any place in the United States, except California and Oregon, are to be rated with a uniform rate of six-pence, currency, per half-ounce.

2. Letters posted in any part of the United States, except California and Oregon, addressed to Canada, will be rated there with a uniform charge of ten cents, equal to six-pence, currency, per half-ounce.

3. The Postage Rate on Letters passing between Canada and California and Oregon, will be a uniform charge of nine-pence, currency, equal to fifteen cents per half-ounce.

4. It is to be understood that the above rates include the whole charge for the transmission of a Letter between any place in Canada and any place within the United States, including California and Oregon.

5. The scale for computing the charge upon Letters weighing more than 1/2 ounce, will be the same as that for Letters passing within the Province.

6. Pre-payment of Letters passing between Canada and any place within the United States, including California and Oregon, will, in all cases, be optional.

7. Newspapers, Pamphlets, &c., posted in Canada, addressed to the United States, including California and Oregon, are, ... to be forwarded through the Post at the same rates of charge as if addressed to a place within the Province; the said rates must, however, be _pre-paid_--as, if the ordinary Canada Rate is not paid at the time of posting a Newspaper or Pamphlet, &c., it cannot be forwarded to the United States.

8. United States Newspapers, Pamphlets, &c., addressed to places in Canada, will be received in the Province with the American Postage thereon pre-paid--leaving the ordinary Canada Rate of charge from the Frontier Line to the place of destination, to be ... collected by the Post Master who may deliver the same in Canada.

9.-10.-11. [_Copies of newspapers or printed documents sent by or to publishers or editors are free of Canadian postage._]

12. The Canada Postage Stamps, when used, will be taken in the United States as evidence of pre-payment of Postage on Letters going from Canada to the United States, and in like manner the United States Postage Stamps on Letters coming into Canada, are to be taken by Post Masters in this Province as evidence of pre-payment having been made in the United States.

13. The following are appointed to be the Offices in Canada through which the Post communication with the United States will be maintained, and to which Post Masters are to forward their Mail matter for the United States, according to the relative position of their several Offices:

PORT SARNIA, | WINDSOR, | KINGSTON, FORT ERIE, | | BROCKVILLE, QUEENSTON, { Intended in the mean time to | { be the Channel of Communication | PRESCOTT, { with the United States for the | { Country West of Toronto. | MONTREAL, | NIAGARA, | ST. JOHN'S, TORONTO, | | DUNDEE, COBOURG, { A Communication during Summer | { only, by Steamer to Rochester. | STANSTEAD,

By Command, W. H. GRIFFIN.

Both the _Post Office Act_ and the above Department Order treat of the disposition of periodicals and other printed matter without giving the rates of postage required thereon. A subsequent Order gives us these rates:--

DEPARTMENT ORDER, [NO. 3.]

POST OFFICE DEPARTMENT, TORONTO. _17th April_, 1851.

_Printed Circulars, Price Currents, Handbills, Pamphlets, Periodicals, Books, and other Printed Matter transmitted by Post in Canada._

1. Upon each Printed Circular, Price Current or Handbill, and other Printed matter of a like description, when unconnected with any manuscript or written communication and of no greater weight than one ounce, there shall be charged One penny; and for each additional ounce or fraction of an ounce, One penny additional.

2. Upon each Periodical or Magazine, Pamphlet and Book, bound or unbound, there shall be charged a rate of One half-penny per ounce.

3. Pre-payment of the foregoing rates will be optional, except when the Printed matter is addressed to the United States, and in that case the charge must invariably be pre-paid.

4. On such Printed matter received into Canada by Mail from the United States, the above Canada Rates will always remain to be collected on delivery in this Province.

5.[_Exchange of one copy between publishers is free._]

6. [_Must be unsealed; if writing is enclosed will be treated as a letter._]

7. No Book or packet of Periodicals, Magazines, &c., can be forwarded through the Post, if exceeding the weight of forty-eight ounces.

JAMES MORRIS. _Post Master General._

It is of course understood that the above does not apply to newspapers, which were charged to a nominal rate of 1/2d. each, the term _newspaper_ being considered to aply to periodicals issued not less often than once a week.

A supplementary order was issued, a couple of days later than the preceding, which announces a book post with England. It is a bit curious as prohibiting the use of postage stamps in prepayment of the charges, at a time when their introduction was supposed to be an improvement in the postal service.

SUPPLEMENTARY ORDER.

POST OFFICE DEPARTMENT.

TORONTO, 19_th April_, 1851.

_Book Post with England._

Under the authority of Her Majesty's Government, an arrangement will take effect on the fifteenth day of May next, under which Printed Books, Magazines, Reviews, or Pamphlets, whether British, Colonial, or Foreign, may be sent through the Post, between Canada and the United Kingdom, at the Following Rates of Postage:

[S] = Sterling | [S] | Currency For a single volume, | | _i.e._, Book, Magazine, Review, or Pamphlet, | | not exceeding half lb. in weight | 6d. | Equal to 7-1/2d. | | For a single volume, &c., | | exceeding half lb. and not exceeding one lb. | 1s. | " to 1s. 3d. | | For a single volume, &c., | | exceeding one lb. and not exceeding two lbs. | 2s. | " " 2s. 6d. | | For a single volume, &c., | | exceeding two lbs. and not exceeding three lbs. | 3s. | " " 3s. 9d.

The above charge must always be pre-paid, on printed Books, &c., &c., sent to the United Kingdom under this Regulation, at the time of posting in Canada; and the pre-payment must be made in money, and cannot be taken in Canada Postage Stamps.

Postmasters, as with pre-paid Letters for England must rate the Books, &c., posted under this Regulation, in _red ink_, with both the sterling rate and its equivalent in currency, ...--thus, a Book, &c., weighing 3-1/2 pounds, will be rated:--

"Paid 4s. sterling--equal to 5s. currency."

* * * * *

JAMES MORRIS, _Post Master General._

The Department Circular No. 5, published from Toronto on 20th June, 1851, contains but one paragraph of interest to us.

Post Masters are informed that the transfer of the Post Office in the Provinces of New Brunswick and Nova Scotia to Provincial control, will take place on the 6th July next, and that from that date the uniform rate of 3d. per 1/2 ounce will form the sole charge on a Letter transmitted between any place in Canada and any place in New Brunswick, or Nova Scotia. Pre-payment will be optional.

On the 30th August, 1851, the Canadian Parliament passed an _Act to Amend the Post Office Act_. The only section of any particular interest to us is the following:--

14^o & 15^o Vict. Cap. LXXI.

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XV. And be it enacted, That the Post Master General shall be authorized, whenever the same may be proper for the accommodation of the public in any city, to employ Letter Carriers for the delivery of letters received at the Post Office in such city, excepting such as the persons to whom they are addressed may have requested, in writing addressed to the Postmaster, to be retained in the Post Office, and for the receipt of letters at such places in the said city as the Postmaster General may direct, and for the deposit of the same in the Post Office; and for the delivery by Carrier of each letter received from the Post Office, the person to whom the same is delivered shall pay not exceeding One Penny, and for the delivery of each newspaper and pamphlet One Halfpenny, and for every letter received by a Carrier to be deposited in the Post Office, there shall be paid to him, at the time of the receipt, not exceeding One Half-penny:--all of which receipts, by the Carriers in any city, shall, if the Postmaster General so direct, be accounted for to the Postmaster of the said city, to constitute a fund for the compensation of the said Carriers, and to be paid to them in such proportions and manner as the Postmaster General may direct.

But in the meantime the postage stamps, which will now be our main study, were issued to the public, and we will therefore turn back to the period of their birth and trace their history, together with the development of the post that accompanies it, through the nearly sixty years that have since elapsed.