Читать книгу Canada under British Rule 1760-1900 - John George Bourinot - Страница 10

France and England entered on the struggle for dominion in America about the same time, but long before the conquest of Canada the communities founded by the latter had exhibited a vigour and vitality which were never shown in the development of the relatively poor and struggling colonies of Canada and Louisiana. The total population of New France in 1759—that is, of all the French possessions in North America—did not exceed 70,000 souls, of whom 60,000 were inhabitants of the country of the St. Lawrence, chiefly of the Montreal and Quebec districts. France had a few struggling villages and posts in the very "garden of the North-west," as the Illinois country has been aptly called; but the total population of New France from the great lakes to the Gulf of Mexico did not exceed 10,000 souls, the greater number of whom dwelt on the lower banks of the Mississippi. At this time the British colonies in America, pent up between the Atlantic Ocean and the Appalachian mountains, had a population twenty times larger than that of Canada and Louisiana combined, and there was not any comparison whatever between these French and British colonies with respect to trade, wealth or any of the essentials of prosperity.

Under the system of government established by Louis XIV, under the advice of Colbert, the governor and intendant of Canada were, to all intents and purposes in point of authority, the same officials who presided over the affairs of a province of France. In Canada, as in France, governors-general had only such powers as were expressly given them by the king, who, jealous of all authority in others, kept them rigidly in check. In those days the king was supreme; "I am the state," said Louis Quatorze in the arrogance of his power; and it is thus easy to understand that there could be no such free government or representative institutions in Canada as were enjoyed from the very commencement of their history by the old English colonies.

The governor had command of the militia and troops, and was nominally superior in authority to the intendant, but in the course of time the latter became virtually the most influential officer in the colony and even presided at the council-board. This official, who had the right to report directly to the king on colonial affairs, had large civil, commercial and maritime jurisdiction, and could issue ordinances which had full legal effect in the country. Associated with the governor and intendant was a council comprising in the first instance five, and eventually twelve, persons, chosen from the leading people of the colony. The change of name, from the "Supreme Council" to the "Superior Council," is of itself some evidence of the determination of the king to restrain the pretensions of all official bodies throughout the kingdom and its dependencies. This body exercised legislative and judicial powers. The bishop was one of its most important members, and the history of the colony is full of the quarrels that arose between him and the governor on points of official etiquette or with respect to more important matters affecting the government of the country.

Protestantism was unknown in Canada under French rule, and the enterprise of the Huguenots was consequently lost to a country always suffering from a want of population. Even the merchants of La Rochelle, who traded with the country, found themselves invariably subject to restrictions which placed them at an enormous disadvantage in their competition with their Roman Catholic rivals. The Roman Catholic Church was all powerful at the council-board as well as in the parish. In the past as in the present century, a large Roman Catholic church rose, the most prominent building in every town and village, illustrating its dominating influence in the homes of every community of the province. The parishes were established at an early date for ecclesiastical purposes, and their extent was defined wherever necessary by the council at Quebec. They were practically territorial divisions for the administration of local affairs, and were conterminous, whenever practicable, with the seigniory. The curé, the seignior, the militia captain (often identical with the seignior), were the important functionaries in every parish. Even at the present time, when a canonical parish has been once formed by the proper ecclesiastical authority, it may be erected into a municipal or civil division after certain legal formalities by the government of the province. Tithes were first imposed by Bishop Laval, who practically established the basis of ecclesiastical authority in the province. It was only in church matters that the people had the right to meet and express their opinions, and even then the intendant alone could give the power of assembling for such purposes.

The civil law of French Canada relating to "property," inheritance, marriage, and the personal or civil rights of the community generally, had its origin, like all similar systems, in the Roman law, on which were engrafted, in the course of centuries, those customs and usages which were adapted to the social conditions of France. The customary law of Paris became the fundamental law of French Canada, and despite the changes that it has necessarily undergone in the course of many years, its principles can still be traced throughout the present system as it has been modified under the influences of the British regime. The superior council of Canada gave judgment in civil and criminal cases according to the coutume de Paris, and below it there were inferior courts for the judicial districts of Quebec, Three Rivers and Montreal. The bishop had also special jurisdiction over ecclesiastical matters. The intendant had authority to deal with cases involving royal, or seigniorial, rights, and to call before him any case whatever for final review and judgment. In all cases appeals were allowable to the king himself, but the difficulty of communication with Europe in those days practically confined such references to a few special causes. The seigniors had also certain judicial or magisterial powers, but they never acted except in very trivial cases. Torture was sometimes applied to condemned felons as in France and other parts of the old world. On the whole justice appears to have been honestly and fairly administered.

Parkman, in a terse sentence, sums up the conditions which fettered all Canadian trade and industry, "A system of authority, monopoly and exclusion in which the government, and not the individual, acted always the foremost part." Whether it was a question of ship-building, of a brewery or a tannery, of iron works or a new fishery, appeals must be made in the first instance to the king for aid; and the people were never taught to depend exclusively on their individual or associated enterprise. At the time of the conquest, and in fact for many years previously, the principal products of the country were beaver skins, timber, agricultural products, fish, fish oil, ginseng (for some years only), beer, cider, rug carpets, homespun cloths—made chiefly by the inmates of the religious houses—soap, potash, leather, stoves, tools and other iron manufactures—made in the St. Maurice forges—never a profitable industry, whether carried on by companies or the government itself. All these industries were fostered by the state, but, despite all the encouragement they received, the total value of the exports, principally furs, seal and other oils, lumber, peas, grain and ginseng never exceeded 3,500,000 francs, or about one-tenth of the export trade of the English colonies to Great Britain. Two-thirds of this amount represented beaver skins, the profits on which were very fluctuating, on account of the unwise regulations by which, the trade was constantly crippled. This business was heavily taxed to meet the necessities of colonial government, which were always heavy, and could never have been met had it not been for the liberality of the king. In the year 1755 the amount of all exports did not reach 2,500,000 francs, while the imports were valued at 8,000,000 francs. These imports represented wines, brandies, hardware and various luxuries, but the bulk was made up of the supplies required for the use of the military and civil authorities. The whole trade of the country was carried in about thirty sea-going vessels, none of them of heavy tonnage. The royal government attempted to stimulate ship-building in the country, and a few war vessels were actually built in the course of many years, though it does not appear that this industry was ever conducted with energy or enterprise. During the last fifty years of French rule, in all probability, not a hundred sea-going vessels were launched in the valley of the St. Lawrence. Duties of import, before 1748, were only imposed on wines, brandies, and Brazilian tobacco; but after the commencement of the war with England, the king found it necessary to establish export and import duties: a special exception was however made in favour of the produce of the farm, forest and sea, which were allowed to enter or go out free. The whole amount of duties raised in ordinary years did not reach above 300,000 francs.

In the closing years of French dominion the total population of Quebec, Montreal and Three Rivers, the only towns in the province, did not exceed 13,000 souls—about the population of Boston. Quebec alone had 8000 inhabitants, Montreal 4000, and Three Rivers 1000. The architecture of these places was more remarkable for solidity than elegance or symmetry of proportions. The churches, religious and educational establishments, official buildings and residences—notably the intendant's palace at Quebec—were built of stone. The most pretentious edifice was the château of St. Louis—the residence of the governor-general—which was rebuilt by Count de Frontenac within the limits of the fort of St. Louis, first erected by Champlain on the historic height always associated with his name. The best buildings in the towns were generally of one story and constructed of stone. In the rural parishes, the villages, properly speaking, consisted of a church, presbytery, school, and tradesmen's houses, while the farms of the habitants stretched on either side. The size and shape of the farms were governed by the form of the seigniories throughout the province. M. Bourdon, the first Canadian surveyor-general, originally mapped out the seigniories in oblong shapes with very narrow frontage along the river—a frontage of two or three arpents against a depth of from forty to eighty arpents—and the same inconvenient oblong plan was followed in making sub-grants to the censitaire or habitant. The result was a disfigurement of a large portion of the country, as the civil law governing the succession of estates gradually cut up all the seigniories into a number of small farms, each in the form of the parallelogram originally given to the seigniorial grants. The houses of the habitants, then as now, were generally built of logs or sawn lumber, all whitewashed, with thatched or wooden roofs projecting over the front so as to form a sort of porch or verandah. The farm-houses were generally close together, especially in the best cultivated and most thickly settled districts between Quebec and Montreal. Travellers, just before the Seven Years' War, tell us that the farms in that district appeared to be well cultivated on the whole, and the homes of the habitants gave evidences of thrift and comfort. Some farmers had orchards from which cider was made, and patches of the coarse strong tobacco which they continue to use to this day, and which is now an important product of their province. Until the war the condition of the French Canadian habitant was one of rude comfort. He could never become rich, in a country where there was no enterprise or trade which encouraged him to strenuous efforts to make and save money. Gold and silver were to him curiosities, and paper promises to pay, paper or card money, were widely circulated from early times, and were never for the most part redeemed, though the British authorities after the peace of 1763 made every possible effort to induce the French government to discharge its obligations to the French Canadian people. The life of the habitants in peaceful times was far easier and happier than that of the peasants of old France. They had few direct taxes to bear, except the tithes required for the support of the church and such small contributions as were necessary for local purposes. They were, however, liable to be called out at any moment for military duties and were subject to corvées or forced labour for which they were never paid by the authorities.