Читать книгу Documents Relating to the Constitutional History of Canada 1759-1791, Part I - Adam Shortt - Страница 115

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The Governor General was Chief in all Military, and the Intendant in all Civil, affairs; The latter superintended the justice, police and finances of the Government, he heard and judged definitively in all trifling causes; appeals from the inspector of Highways were referred to his decision; he issued regulations for the police of Town and Country, and emitted his ordonnances, fixing a price upon all kinds of provisions at his will and pleasure.

For the easier administration of justice, He commissioned three subdelegates, residing at Quebec, Montreal, and Three Rivers, who took cognizance of such matters as were not very intricate, but from their judgments the parties might appeal to the Intendant.

The Prevôte of Quebec was a Court of Justice, composed of a Lieu^t General, a Lieutenant particulier, a procureur du Roy or Kings Attorney; they judged all matters Civil in the first instance, and all appeals from their sentence were brought before the Counseil Superieur, the Prevôte likewise took cognizance of appeals from the private jurisdictions, which could be carried from this Court before the Conseil Superieur.

In capital crimes, or such as deserved severe penalties, the Lieu^t General called into his assistance two of the most eminent Lawyers, but still their sentence could not be carried into execution, untill the same was confirmed by the Conseil, at which seven of the members at least must be present.

Attending this Court were six Notaries public a Clerk and six Huissiers, of which one was Cryer.

The Governments of Trois Rivieres and Montreal had each their Lieu^t General, a Kings Attorney, Clerk Notaries and Huissiers.

From these several Courts, appeals were brought before the Conseil Superieur, established at Quebec, composed of a first Counsellor who generally presided and eleven others, of which one or two were priests, these never were present in Criminal matters; The other Officers attending this Court were an Attorney General, a Chief Clerk, and a premier Huissier.

At Quebec was also a Court of Admiralty, consisting of a Lieu^t General, Commission'd by the high Admiral of France, a King's Attorney, a Clerk and Huissier, this Court took cognizance of Maritime affairs, and appeals from thence were carried before the Conseil Superieur.

There was also an Inspector of the High Roads or Grand Voyer, who had the regulation of all matters relative to them, difficulties which arose from this Officers regulations were decided by the Intendant.

The only Laws were the Kings Edicts or the Arrets of his Council of State, register'd at the Council Superieur, and the Intendants ordonnances — In matters of property they follow'd the customs of Paris, but in marriage settlements they were at liberty to follow the Custom of any other province in that Kingdom.

The age of Majority was fixed at 25, but at 18 or upon marriage, the Council granted them Letters of emancipation, which intitled them to enter immediately into the enjoyment of the moveable and incomes of their estates — Guardians were chosen by an assembly of seven of the nearest relations of the minors, and for want of these, of so many of their friends. — A public act is drawn out, of this transaction, which is register'd and the person elected is sworn to administer faithfully.

Fiefs. — 1^st The tenure of Lands here is of two sorts The fief or seigneuries — These lands are deemed noble, on the demise of the possessor, his eldest son inherits one half, and shares with the other Children in the remainder, if any of these die without posterity, the Brothers share the portion of the deceased, exclusive of their sisters; The purchasers of these fiefs enter into all the privileges and immunities of the same, but pay a fifth of the purchase money to the Sovereign who is Lord of the Soil. By Law the Seigneur is restricted from selling any part of his Lands that is not clear'd, and is likewise obliged (reserving a sufficiency for his own domain) to concede the remainder to such of the Inhabitants as require the same at an annual rent not exceeding one sol, or one half penny sterling for each Arpent^[a] in superficies. The Seigneurs have had the right of Haut, Moyenne et basse justice on their several fiefs, but this was attended with so many abuses and inconveniences that the inferior jurisdictions were mostly disused.

Terre en Roture. — 2^d The Lands conceded by the Seigneurs is the second sort of tenure, and these are called terres en roture. — The property is entirely in the possessors, and the rent they pay can never be raised upon them. They can sell it as they please, but the purchaser is obliged to pay a twelfth part of the purchase money to the Seigneur. The Children of both sexes share equally in those Lands, but if upon a division the several parts are found unequal to the subsistence of a family they are obliged to sell to one another: By Law no man can build upon a piece of Land of less extent than one Arpent and a half in front, upon a depth of 30 or 40. This was done with a view to promote cultivation, and to oblige the Inhabitants to spread. Edicts have been published from time to time, to reunite to the Crown such Lands, as were not settled within a term of years prescribed, the last of these was published in 1732, a copy of which is annexed. (No. 1.)

The Canadians are formed into a Militia for the better regulation of which, each parish in proportion to its extent and number of inhabitants, is divided into one, two, or more Companies, who have their proper Officers, Captains, Lieutenants, Ensigns, Majors, Aide Majors, Sergeants, etc., and all orders or public regulations are addressed to the Captains or Commanding Officers, who are to see the same put in execution. From these companies detachments are formed, and sent to any distance and in 1759 and 1760 the whole were in arms for the defence of their Country.

Observations. — The Intendant's fixing a price upon provisions at his own will and pleasure, was liable to much abuse, for tho' the Country was abounding with all kind of grain, yet under pretence that a large quantity was wanted for the Kings service, repeated levies were made upon the inhabitants, through every part of the province, proportionably to what it was supposed they could spare, the Intendant paying such price as he pleased to set upon it, great part of which grain was afterwards exported by his emissaries to the French Islands, and when a scarcity was apprehended, they sold the remainder to the public at an advanced price.

Under the pretence of a scarcity of black Cattle, and before the British Troops had made any impression upon the Colony, Horses were killed and served to the Troops, probably to excuse the exorbitant charge for all kind of provisions purchased on the Kings account, for notwithstanding the waste made by two contending Armies, and that the French Troops lived entirely upon the Country for near two Years, we have the strongest occular proof, there was no occasion to have recourse to this expedient, if the Kings officers had not meant it as a Cloak for their Knavery.

2^d — The members of the Courts of Justice were mostly natives of old France, and minded more their own affairs than the administration of justice. Their decisions were therefore not much respected; and indeed for success the parties generally depended more upon the favour of the protection of the great, than upon the goodness and justice of their cause.

3^d — Tho' the Governor General, the Bishop and the Intendant, were by their several Offices, Presidents of the Council, and that heretofore they used to be present at their deliberations, in latter times they never honor'd it with their presence, a circumstance that contributed much to the general disesteem, into which this part of the judicature had fallen.

4 — The Office of Grand Voyer or Inspector of the High roads, under proper regulations and restrictions seems to be highly necessary for the care and benefit of the interior Commerce.

5 — The Canadians mostly of a Norman Race; are, in general, of a litigious disposition; The many formalities in their procedures and the multiplicity of Instruments to be drawn up upon every occasion, seems to encourage this disposition — A short and well digested Code, by laying aside many of these, may in a great measure serve to correct it.

6^th — Fixing the age of Majority as in other parts of his Majestys dominions, is an innovation that could not fail of being agreeable to the Youth, as the freedom of building where they see convenient, and upon such extent of ground, as they think proper, would be acceptable to all people in general and promote new establishments, especially the Fisheries in the lower parts of the River and Gulph of S^t Laurence.