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Chronicles of Canada Volume 6 – The Great Intendant : A Chronicle of Jean Talon in Canada 1665-1672 by Thomas Chapais, CHAPTER V. THE INTENDANT AND THE SOVEREIGN COUNCIL (1)

CHAPTER V. THE INTENDANT AND THE SOVEREIGN COUNCIL (1)

In the preceding chapter a sketch has been given of Talon's endeavours to promote colonization, agriculture, shipbuilding, and commerce, to increase the population, and to foster generally the prosperity of New France. Let us now see how he provided for the good administration and internal order of the colony.

In 1666 he had prepared and submitted to Tracy and Courcelle a series of rules and enactments relating to various important matters, one of which was the administration of justice. Talon wished to simplify the procedure; to make justice speedy, accessible to all, and inexpensive. In each parish he proposed to establish judges having the power to hear and decide in the first instance all civil cases involving not more than ten livres. In addition, there would be four judges at Quebec, and appeals might be taken before three of them from all decisions given by the local judges—'unless,' Talon added, 'it be thought more advisable to maintain the Sieur Chartier in his charge of lieutenant-general, to which he has been appointed by the West India Company.' It was decided that M. Chartier (de Lotbiniere) should be so maintained, and he was duly confirmed as lieutenant civil et criminel on January 10, 1667. He had jurisdiction in the first instance over all cases civil and criminal in the Quebec district and in appeal from the judgments of the local or seigneurial judges. The Sovereign Council acted as a court of appeal in the last resort, except in cases where the parties made a supreme appeal to the King's Council of State in France. In 1669 Talon wrote a memorandum in which we find these words: 'Justice is administered in the first instance by judges in the seigneuries; then by a lieutenant civil and criminal appointed by the company in each of the jurisdictions of Quebec and Three Rivers; and above all by the Sovereign Council, which in the last instance decides all cases where an appeal lies.' At Montreal there was a lieutenant civil and criminal appointed by the Sulpicians, seigneurs of the island. In 1667 there were seigneurial judges in the seigneuries of Beaupre, Beauport, Notre-Dame-des-Anges, Cap-de-la-Magdeleine.

It is interesting to find that Talon attempted to establish a method of settlement out of court, the principle of which was accepted by the legislature of the province of Quebec more than two centuries later. What was called the amiable composition of the French intendant may be regarded as a first edition of the law passed at Quebec in 1899, which provides for conciliation or arbitration proceedings before a lawsuit is begun. [Footnote: 62 Vict. cap. 54, p. 271.] Talon also introduced an equitable system of land registration.

In the proceedings of the Sovereign Council, of which Talon at this time was the inspiring mind, we may see reflected the condition and internal life of the colony. Decrees for the regulation of trade were frequent. Commercial freedom was unknown. Under the administration of the governor Avaugour (1661-63) a tariff of prices had been published, which the merchants were compelled to observe. Again, in 1664 the council had decided that the merchants might charge fifty-five per cent above cost price on dry goods, one hundred per cent on the more expensive wines and spirits, and one hundred and twenty per cent on the cheaper, the cost price in France being determined by the invoice-bills. In 1666 a new tariff was enacted by the council, in which the price of one hogshead of Bordeaux wine was fixed at eighty livres, and that of Brazil tobacco at forty sous a pound. In 1667 again changes took place: on dry goods the merchants were allowed seventy per cent above cost; on spirits and wines, one hundred or one hundred and twenty per cent as in 1664. The merchants did not accept these rulings without protest. In 1664 the most important Quebec trader, Charles Aubert de la Chesnaye, was prosecuted for contravention, and made this bold declaration in favour of commercial freedom: 'I have always deemed that I had a right to the free disposal of my own, especially when I consider that I spend in the colony what I earn therein.' Prosecutions for violating the law were frequent. During the month of June 1667, at a sitting of the Sovereign Council, Tracy, Courcelle, Talon, and Laval being present, the attorney- general Bourdon made out a case against Jacques de la Mothe, a merchant, for having sold wines and tobacco at higher prices than those of the tariff. The defendant acknowledged that he had sold his wine at one hundred livres and his tobacco at sixty sous, but alleged that his wine was the best Bordeaux, that his hogsheads had a capacity of fully one hundred and twenty pots, that care, risk, and leakage should be taken into consideration, that two hogsheads had been spoiled, and that the price of those remaining should be higher to compensate him for their loss. As to the tobacco, it was of the Maragnan quality, and he had always deemed it impossible to sell it for less than sixty sous. After hearing the case, the council decided that two of its members, Messieurs Damours and de la Tesserie, should make an inspection at La Mothe's store, in order to taste his wine and tobacco and gauge his hogsheads. Away they went; and afterwards they made their report. Finally La Mothe was condemned to a fine of twenty-two livres, payable to the Hotel-Dieu. It may be remarked here that very often the fines had a similar destination; in that way justice helped charity.

The magistrates were vigilant, but the merchants were cunning and often succeeded in evading the tariff. In July 1667, the habitants' syndic appeared before the council to complain of the various devices resorted to by merchants to extort higher prices from the settlers than were allowed by law. So the council made a ruling that all merchandise should be stamped, in the presence of the syndic, according to the prices of each kind and quality, and ordered samples duly stamped in this way to be delivered to commissioners specially appointed for the purpose. It will be seen that these regulations were minute and severe. Trade was thus submitted to stern restrictions which would seem strange and unbearable in these days of freedom. What an outcry there would be if parliament should attempt now to dictate to our merchants the selling price of their merchandise! But in the seventeenth century such a thing was common enough. It was a time of extreme official interference in private affairs and transactions.

We have mentioned the syndic of the inhabitants—syndic des habitants. A word about this officer will be in place here. He was the spokesman of the community when complaints had to be made or petitions presented to the governor or the Sovereign Council. At that time in Canada there was no municipal government. True, an unlucky experiment had been made in 1663, under the governor Mezy, when a mayor and two aldermen were elected at Quebec. But their enjoyment of office was of brief duration; in a few weeks the election was declared void, It was then determined to nominate a syndic to represent the inhabitants, and on August 3 Claude Charron, a merchant, was elected to the office; but, as the habitants often had difficulties to settle with members of the commercial class, objection was taken to him on the ground that he was a tradesman, and he retired. On September 17 a new election took place, and Jean Le Mire, a carpenter, was elected. Later on, during the troubles of the Mezy regime, the office seems to have been practically abolished; but when the government was reorganized, it was thought advisable to revive it. The council decreed another election, and on March 20, 1667, Jean Le Mire was again chosen as syndic. Le Mire continued to hold the office for many years.

To the colony of that day the Sovereign Council was, broadly speaking, what the legislatures, the executives, the courts of justice, and the various commissions—all combined—are to modern Canada. But, as we have seen, it had arbitrary powers that these modern bodies are not permitted to exercise. Its long arm reached into every concern of the inhabitants. In 1667, for example, the habitants asked for a regulation to fix the millers' fee—the amount of the toll to which they would be entitled for grinding the grain. The owners of the flour-mills represented that the construction, repair, and maintenance of their mills were two or three times more costly in Canada than in France, and that they should have a proportionate fee; still, they would be willing to accept the bare remuneration usually allowed in the kingdom. The toll was fixed at one-fourteenth of the grain. Highways were also under the care of the council. When the residents of a locality presented a petition for opening a road, the council named two of its members to make an inspection and report. On receipt of the report, an order would be issued for opening a road along certain lines and of a specified width (it was often eighteen feet), and for pulling stumps and filling up hollows. There was an official called the grand-voyer, or general overseer of roads. The office had been established in 1657, when Rene Robineau de Becancourt was appointed grand-voyer by the Company of One Hundred Associates. But in the wretched state of the colony at that time M. de Becancourt had not much work to do. In later years, however, the usefulness of a grand-voyer had become more apparent, and Becancourt asked for a confirmation of his appointment. On the suggestion of Talon, the council reinstated him and ordered that his commission be registered. During the whole French regime there were but five general overseers of roads or grands-voyers: Rene Robineau de Becancourt (1657-99); Pierre Robineau de Becancourt (1699-1729); E. Lanoullier de Boisclerc (1731-51); M. de la Gorgendiere (1751-59); M. de Lino (1759-60).

Guardianship of public morality and the maintenance of public order were the chief cares of the council. It was ever intent on the suppression of vice. On August 20, 1667, in the presence of Tracy, Courcelle, Talon, and Laval, the attorney-general submitted information of scandalous conduct on the part of some women and girls, and represented that a severe punishment would be a wholesome warning to all evil-doers; he also suggested that the wife of Sebastien Langelier, being one of the most disorderly, should be singled out for an exemplary penalty. A councillor was immediately appointed to investigate the case. What was done in this particular instance is not recorded, but there is evidence to show that licentious conduct was often severely dealt with. Crimes and misdemeanours were ruthlessly pursued. For a theft committed at night in the Hotel-Dieu garden, the intendant condemned a man to be marked with the fleur-de-lis, to be exposed for four hours in the pillory, and to serve three years in the galleys. Another culprit convicted of larceny was sentenced to be publicly whipped and to serve three years in the galleys. Both these prisoners escaped and returned to their former practices. They were recaptured and sentenced, the first to be hanged, the second to be whipped, marked with the fleur-de-lis, and kept in irons until further order. Rape in the colony was unhappily frequent. A man convicted of this crime was condemned to death and executed two days later. Another was whipped till the blood flowed and condemned to serve nine years in the galleys.

Let us now turn to activities of another order. One of the most important ordinances enacted by the Sovereign Council under Talon's direction was that which concerned the importation of spirits and the establishment in the colony of the brewing industry. It was stated in this decree that the great quantity of brandies and wines imported from France was a cause of debauchery. Many were diverted from productive work, their health was ruined, they were induced to squander their money, and prevented from buying necessaries and supplies useful for the development of the colony. Talon, as we have read in another chapter, thought that one of the best means of combating the immoderate use of spirits was the setting up of breweries; at the same time he intended that this industry should help agriculture. The Sovereign Council entered into these views and enacted that as soon as breweries should be in operation in Canada all importation of wines and spirits should be prohibited, except by special permission and subject to a tax of five hundred livres, payable one-third to the seigneurs of the country, one-third to the Hotel-Dieu, and one-third to the person who had set up the first brewery after the date of the enactment. Under no circumstances should the yearly importation exceed eight hundred hogsheads of wine and four hundred of brandy. When this amount had been reached, no further licences to import would be issued. The council begged Talon to take the necessary steps for the construction and equipment of one or more breweries. The owners of these were to have, during ten years, the exclusive privilege of brewing for trading purposes. The price of beer was fixed beforehand at twenty livres per hogshead and six sous per pot so long as barley was priced at three livres per bushel or less; if the price of barley went higher, the price of beer should be raised proportionately.


CHAPTER V. THE INTENDANT AND THE SOVEREIGN COUNCIL (1)

In the preceding chapter a sketch has been given of Talon's endeavours to promote colonization, agriculture, shipbuilding, and commerce, to increase the population, and to foster generally the prosperity of New France. Let us now see how he provided for the good administration and internal order of the colony.

In 1666 he had prepared and submitted to Tracy and Courcelle a series of rules and enactments relating to various important matters, one of which was the administration of justice. Talon wished to simplify the procedure; to make justice speedy, accessible to all, and inexpensive. In each parish he proposed to establish judges having the power to hear and decide in the first instance all civil cases involving not more than ten livres. In addition, there would be four judges at Quebec, and appeals might be taken before three of them from all decisions given by the local judges—'unless,' Talon added, 'it be thought more advisable to maintain the Sieur Chartier in his charge of lieutenant-general, to which he has been appointed by the West India Company.' It was decided that M. Chartier (de Lotbiniere) should be so maintained, and he was duly confirmed as lieutenant civil et criminel on January 10, 1667. He had jurisdiction in the first instance over all cases civil and criminal in the Quebec district and in appeal from the judgments of the local or seigneurial judges. The Sovereign Council acted as a court of appeal in the last resort, except in cases where the parties made a supreme appeal to the King's Council of State in France. In 1669 Talon wrote a memorandum in which we find these words: 'Justice is administered in the first instance by judges in the seigneuries; then by a lieutenant civil and criminal appointed by the company in each of the jurisdictions of Quebec and Three Rivers; and above all by the Sovereign Council, which in the last instance decides all cases where an appeal lies.' At Montreal there was a lieutenant civil and criminal appointed by the Sulpicians, seigneurs of the island. In 1667 there were seigneurial judges in the seigneuries of Beaupre, Beauport, Notre-Dame-des-Anges, Cap-de-la-Magdeleine.

It is interesting to find that Talon attempted to establish a method of settlement out of court, the principle of which was accepted by the legislature of the province of Quebec more than two centuries later. What was called the amiable composition of the French intendant may be regarded as a first edition of the law passed at Quebec in 1899, which provides for conciliation or arbitration proceedings before a lawsuit is begun. [Footnote: 62 Vict. cap. 54, p. 271.] Talon also introduced an equitable system of land registration.

In the proceedings of the Sovereign Council, of which Talon at this time was the inspiring mind, we may see reflected the condition and internal life of the colony. Decrees for the regulation of trade were frequent. Commercial freedom was unknown. Under the administration of the governor Avaugour (1661-63) a tariff of prices had been published, which the merchants were compelled to observe. Again, in 1664 the council had decided that the merchants might charge fifty-five per cent above cost price on dry goods, one hundred per cent on the more expensive wines and spirits, and one hundred and twenty per cent on the cheaper, the cost price in France being determined by the invoice-bills. In 1666 a new tariff was enacted by the council, in which the price of one hogshead of Bordeaux wine was fixed at eighty livres, and that of Brazil tobacco at forty sous a pound. In 1667 again changes took place: on dry goods the merchants were allowed seventy per cent above cost; on spirits and wines, one hundred or one hundred and twenty per cent as in 1664. The merchants did not accept these rulings without protest. In 1664 the most important Quebec trader, Charles Aubert de la Chesnaye, was prosecuted for contravention, and made this bold declaration in favour of commercial freedom: 'I have always deemed that I had a right to the free disposal of my own, especially when I consider that I spend in the colony what I earn therein.' Prosecutions for violating the law were frequent. During the month of June 1667, at a sitting of the Sovereign Council, Tracy, Courcelle, Talon, and Laval being present, the attorney- general Bourdon made out a case against Jacques de la Mothe, a merchant, for having sold wines and tobacco at higher prices than those of the tariff. The defendant acknowledged that he had sold his wine at one hundred livres and his tobacco at sixty sous, but alleged that his wine was the best Bordeaux, that his hogsheads had a capacity of fully one hundred and twenty pots, that care, risk, and leakage should be taken into consideration, that two hogsheads had been spoiled, and that the price of those remaining should be higher to compensate him for their loss. As to the tobacco, it was of the Maragnan quality, and he had always deemed it impossible to sell it for less than sixty sous. After hearing the case, the council decided that two of its members, Messieurs Damours and de la Tesserie, should make an inspection at La Mothe's store, in order to taste his wine and tobacco and gauge his hogsheads. Away they went; and afterwards they made their report. Finally La Mothe was condemned to a fine of twenty-two livres, payable to the Hotel-Dieu. It may be remarked here that very often the fines had a similar destination; in that way justice helped charity.

The magistrates were vigilant, but the merchants were cunning and often succeeded in evading the tariff. In July 1667, the habitants' syndic appeared before the council to complain of the various devices resorted to by merchants to extort higher prices from the settlers than were allowed by law. So the council made a ruling that all merchandise should be stamped, in the presence of the syndic, according to the prices of each kind and quality, and ordered samples duly stamped in this way to be delivered to commissioners specially appointed for the purpose. It will be seen that these regulations were minute and severe. Trade was thus submitted to stern restrictions which would seem strange and unbearable in these days of freedom. What an outcry there would be if parliament should attempt now to dictate to our merchants the selling price of their merchandise! But in the seventeenth century such a thing was common enough. It was a time of extreme official interference in private affairs and transactions.

We have mentioned the syndic of the inhabitants—syndic des habitants. A word about this officer will be in place here. He was the spokesman of the community when complaints had to be made or petitions presented to the governor or the Sovereign Council. At that time in Canada there was no municipal government. True, an unlucky experiment had been made in 1663, under the governor Mezy, when a mayor and two aldermen were elected at Quebec. But their enjoyment of office was of brief duration; in a few weeks the election was declared void, It was then determined to nominate a syndic to represent the inhabitants, and on August 3 Claude Charron, a merchant, was elected to the office; but, as the habitants often had difficulties to settle with members of the commercial class, objection was taken to him on the ground that he was a tradesman, and he retired. On September 17 a new election took place, and Jean Le Mire, a carpenter, was elected. Later on, during the troubles of the Mezy regime, the office seems to have been practically abolished; but when the government was reorganized, it was thought advisable to revive it. The council decreed another election, and on March 20, 1667, Jean Le Mire was again chosen as syndic. Le Mire continued to hold the office for many years.

To the colony of that day the Sovereign Council was, broadly speaking, what the legislatures, the executives, the courts of justice, and the various commissions—all combined—are to modern Canada. But, as we have seen, it had arbitrary powers that these modern bodies are not permitted to exercise. Its long arm reached into every concern of the inhabitants. In 1667, for example, the habitants asked for a regulation to fix the millers' fee—the amount of the toll to which they would be entitled for grinding the grain. The owners of the flour-mills represented that the construction, repair, and maintenance of their mills were two or three times more costly in Canada than in France, and that they should have a proportionate fee; still, they would be willing to accept the bare remuneration usually allowed in the kingdom. The toll was fixed at one-fourteenth of the grain. Highways were also under the care of the council. When the residents of a locality presented a petition for opening a road, the council named two of its members to make an inspection and report. On receipt of the report, an order would be issued for opening a road along certain lines and of a specified width (it was often eighteen feet), and for pulling stumps and filling up hollows. There was an official called the grand-voyer, or general overseer of roads. The office had been established in 1657, when Rene Robineau de Becancourt was appointed grand-voyer by the Company of One Hundred Associates. But in the wretched state of the colony at that time M. de Becancourt had not much work to do. In later years, however, the usefulness of a grand-voyer had become more apparent, and Becancourt asked for a confirmation of his appointment. On the suggestion of Talon, the council reinstated him and ordered that his commission be registered. During the whole French regime there were but five general overseers of roads or grands-voyers: Rene Robineau de Becancourt (1657-99); Pierre Robineau de Becancourt (1699-1729); E. Lanoullier de Boisclerc (1731-51); M. de la Gorgendiere (1751-59); M. de Lino (1759-60).

Guardianship of public morality and the maintenance of public order were the chief cares of the council. It was ever intent on the suppression of vice. On August 20, 1667, in the presence of Tracy, Courcelle, Talon, and Laval, the attorney-general submitted information of scandalous conduct on the part of some women and girls, and represented that a severe punishment would be a wholesome warning to all evil-doers; he also suggested that the wife of Sebastien Langelier, being one of the most disorderly, should be singled out for an exemplary penalty. A councillor was immediately appointed to investigate the case. What was done in this particular instance is not recorded, but there is evidence to show that licentious conduct was often severely dealt with. Crimes and misdemeanours were ruthlessly pursued. For a theft committed at night in the Hotel-Dieu garden, the intendant condemned a man to be marked with the fleur-de-lis, to be exposed for four hours in the pillory, and to serve three years in the galleys. Another culprit convicted of larceny was sentenced to be publicly whipped and to serve three years in the galleys. Both these prisoners escaped and returned to their former practices. They were recaptured and sentenced, the first to be hanged, the second to be whipped, marked with the fleur-de-lis, and kept in irons until further order. Rape in the colony was unhappily frequent. A man convicted of this crime was condemned to death and executed two days later. Another was whipped till the blood flowed and condemned to serve nine years in the galleys.

Let us now turn to activities of another order. One of the most important ordinances enacted by the Sovereign Council under Talon's direction was that which concerned the importation of spirits and the establishment in the colony of the brewing industry. It was stated in this decree that the great quantity of brandies and wines imported from France was a cause of debauchery. Many were diverted from productive work, their health was ruined, they were induced to squander their money, and prevented from buying necessaries and supplies useful for the development of the colony. Talon, as we have read in another chapter, thought that one of the best means of combating the immoderate use of spirits was the setting up of breweries; at the same time he intended that this industry should help agriculture. The Sovereign Council entered into these views and enacted that as soon as breweries should be in operation in Canada all importation of wines and spirits should be prohibited, except by special permission and subject to a tax of five hundred livres, payable one-third to the seigneurs of the country, one-third to the Hotel-Dieu, and one-third to the person who had set up the first brewery after the date of the enactment. Under no circumstances should the yearly importation exceed eight hundred hogsheads of wine and four hundred of brandy. When this amount had been reached, no further licences to import would be issued. The council begged Talon to take the necessary steps for the construction and equipment of one or more breweries. The owners of these were to have, during ten years, the exclusive privilege of brewing for trading purposes. The price of beer was fixed beforehand at twenty livres per hogshead and six sous per pot so long as barley was priced at three livres per bushel or less; if the price of barley went higher, the price of beer should be raised proportionately.