We wrote you pretty fully of the 4th. Instant, and sent our Letters to New York to be ready for the Packet that has been some time expected. She did not arrive till the 17th. and we have now just receiv’d yours of July 14. with Copies of your preceding Letters and Duplicates of the Papers that accompanied them. Those that were proper for Publication we had before caused to be inserted in all the Newspapers on the Continent, and given Directions to all our Officers strictly to observe and execute the several Acts of Parliament therein referr’d to.
We are concern’d that our Account of the State of the Office was delay’d so long beyond our Intentions. The Reasons will appear in our Letters. Accidents, Sickness, and our Distance from each other contributed to that Delay. But we have now settled the Offices in so good a Way that we hope to have the Accounts rendred to us more regularly; and that such a long hazardous Journey will not be again necessary for some Years, and the latter Inconvenience will be removed by our living hereafter nearer together.
The Rule of Charging 2d. or 16 grains of Silver on every Letter coming from on Ship board, has been observ’d in America we believe from the first Establishment of the Office here. Mr. Franklin, who is now by much the oldest Officer in America, found it the Practice, [and remembers?] to have seen it in Tables of Rates printed long before his Time. He knows not on what it was originally founded, (being sensible that the Act mentions but a Penny) unless it were on the Considerations that have satisfied him in the Continuance of the Practice, viz.
In America most of the Letters received from on board a Ship, are delivered in the Capital Towns where the Ships arrive. The Law obliges the Office to give a Penny for every Letter coming from on board a Ship.
If the Office demands but a Penny for each such Letter, then the Attendance is given and the Business is transacted for nothing. Nay, for less than nothing; for all the Letters so paid for, not being taken up, the Dead Letters would be so much clear Loss to the Office.
Wherever a Law enjoins a Service, and appoints no Reward, for that Service, the Person who performs the Service in obedience to the Law has a Right to a Quantum meruit for the same, from the Person benefited by that Service.
What the Quantum meruit in this Case is, may be gathered from the same Law, which allows a Penny to be taken for the Service of putting a Letter on board a Ship. Now supposing that the Trouble of receiving a Letter and putting the same on board a Ship, is not greater than the Trouble of receiving a Letter from on board a Ship and delivering the same on shore, then the latter Service deserves a Penny as well as the former.
This Penny to the Office, added to the Penny paid the Captain, makes the Twopence to be paid for the Letter.
We knew not but that the same was practis’d in England. It seems now otherwise, by your requiring this Explanation. The Postmaster General will direct us how we are to proceed for the future. But should a Law more effectually enforce the Delivery of Ship Letters by all Captains to the Office hereafter, if we pay a Penny for each, and deliver them for the same we conceive the Advantage to the Office will be much less than we think it ought to be, and than it may be here without occasioning any Complaint. And this brings us to Amendments we would propose to the present Office Laws, on considering the Clauses you have sent us.
We think, that for the Security of Correspondence, as well as for the Advantage of the Revenue, all Ship Letters should be delivered to the Deputy of the Post Master General in the Port where the Ship arrives, those belonging to Owners of the Vessel or of any Part of the Cargo, as well as others: because the Exception of the former, makes it difficult to detect and hazardous to prosecute upon the Act; since, tho’ we may prove the Captain or Passengers delivering Letters, it is not easy to prove that these Letters did not relate to the Cargo.
That for every Ship Letter or Packet of Letters, deliver’d in the Town or Port where the Ship arrives and not sent by Post, should be taken and receiv’d Two pence. The Addition of a Penny for every additional Letter in a Packet and 4 pence for every ounce after the first might perhaps appear too high in some Pacquets. And yet we think some such Addition should be made, to prevent Peoples Pacqueting their Letters to avoid Paying.
That a Certificate from the Postmaster of his having receiv’d the Ship Letters should be produced by the Captain to the collector or Naval Officer, before he is permitted to break Bulk.
The Inland Postages directed by the Act, do not seem to be well proportioned. For Instance, A Letter from New York to any Place (generally) within Sixty English Miles is fourpence; and yet when particular Places are named, A Letter from New York to Perth Amboy (which is but 30 Miles) is Six pence. And so in other Instances. Then the added Postages practis’d here, which were explain’d in Mr. Franklin’s Letter of April 12. and seem authoriz’d by the Act, do not appear equal or reasonable. For Instance, A Letter from Boston to New York (near 300 miles) is One Shilling; and if it is but One [hundred miles] further viz. to Philadelphia, it pays Nine pence more; which is out of Proportion. We would therefore propose, that instead of the many different Rates of Postage between different Places named in the Act, one general Rule should be made, in the new Act without naming any Places, viz