sing
of money by authorities outside the colonies was a direct infringement
of their own constitution, which provides that "no tax shall be levied
on the people of this country except such as shall be appropriated for
the public use and accounted for by the Legislature,"[113] and of the
Declaratory Act, in which Great Britain disclaimed the right to impose
upon a colony any duty, tax, or assessment, except where necessary for
the regulation of commerce.[114] The Government were advised by the Law
Officers that it would not be wise to contest the point, and proceeded
to consider a measure for placing the establishment on a more
satisfactory basis.

If the Home Government could have agreed to hand over the entire
administration of the office in British North America to the local
Legislatures, there would have been an end of the matter. But such a
course would have left the interior provinces at the mercy of those on
the seaboard as to the conveyance across those colonies of the mails to
and from England. Although there was no desire to continue the
appropriation to the Imperial revenue of any surplus which might arise
on the service in North America, it was felt to be highly desirable that
the Imperial Government should retain control over the administration of
the office, particularly in the matter of fixing the rates of postage,
since by that means excessive charges for transit across other provinces
would be prevented. But in controlling the administration from London
there was the difficulty that any alteration of the rates of postage by
Act of the British Parliament might be an infringement of the rights of
the colonists under the Declaratory Act of 1778. Accordingly, all
intention of direct legislation by the British Parliament was abandoned,
and in 1834 an Act was passed,[115] repealing the Act of the 5th George
III, on which the whole Post Office establishment of North America
rested, conditionally on the passing by the Legislatures of all the
provinces of a Bill for the regulation of the colonial Post Office
service, which had been prepared in London. This Bill provided that the
ultimate control of the whole service in British North America should
remain in the hands of the Postmaster-General in London, but that the
rates of postage should be fixed by the local Legislatures, and any
surplus of revenue over expenditure should be divided between the
provinces.

Nova Scotia was prepared to accept the Bill, but onl