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CHAMPLAIN’S POLITICAL CHARTER
The necessity for a system of government in Canada first arose when Champlain established a permanent settlement at Quebec in 1608. But the form and general principles of the government which Champlain was to administer at Quebec had been fully determined sixty-eight years earlier. The first official grant of the colony had been made in 1540, to Jean François de la Roque, Sieur de Roberval. The commission then given to Roberval by Francis I, and afterwards bestowed on the Marquis de la Roche by Henry III, had been handed down with little or no change and was the charter of the colony and the source of Champlain’s authority. Let us examine its leading features.
The commission is dated January 15, 1540. Roberval is appointed lieutenant-general and captain of the expedition to take possession of the countries of Canada, Hochelaga, and the land of Saguenay, in which it is declared to be the intention of the king to plant colonies composed of people of both sexes, including soldiers and those versed in the liberal and mechanical arts. In these territories the king is minded to build towns and forts, as also temples and churches for the introduction of the Catholic faith and of Christian teaching; to introduce laws and officers of justice, that the inhabitants may live according to reason, in good order, and in the fear of God. To Roberval are given ample powers, as representative of the king, for the administration of the expedition and of the territories to be acquired, and for the enforcement of law, civil and criminal, alike on sea and on land. He is empowered also to appoint the necessary subordinate officers of administration and justice, as may be necessary for the establishment of the king’s power in the country. He is given authority to make laws, edicts, statutes, and ordinances for the government of the country, and has the right of punishment and of pardon, extending to the limit of life and death. He is authorized also to grant, under the usual feudal tenure of France, the lands of the countries to be acquired, to such persons as he judges to be of loyal attachment to the king and of excellent virtue and industry. These estates may be granted with an exemption of the usual dues for the first six years, the exemption not to include, however, military service for the defence of the country and the extension of the king’s power. A monopoly of the country and its trade is given to Roberval and those associated with him. All others are forbidden to visit the country or trade there.
It is evident from the terms of this commission that nothing was wanting in it for the complete government and administration of the colony. It practically transferred to Canada, in such measure as might be needed, the whole political system of France.
On February 16, 1540, Roberval took the oath of office as lieutenant-general of the new dominions.[1] In 1598 his sovereignty over the territory passed to the Marquis de la Roche, who had already made several abortive attempts to plant a colony in the New World, by virtue of a commission dated January 12 of that year, granted to him by Henry IV and containing precisely the same powers, privileges and monopolies as that given to Roberval. The territory, however, now included, in addition to Canada, Hochelaga and the Saguenay region, the further territories of Newfoundland, Labrador and Norumbega, or Nova Scotia.
The expeditions of La Roche failed. In 1599 a monopoly was obtained by Pierre Chauvin, Sieur de Tontuit, of Honfleur, and Pont-Gravé of St Malo. Profiting by the experience of their predecessors, they turned their attention more to trade than to colonization, although they had obtained their powers by promising to take out colonists.
Chauvin’s patent having been voided by his death, the trading privileges were handed over to Aymar de Chastes, governor of Dieppe. De Chastes formed a company and sent out two ships to exploit the trade of the St Lawrence. Samuel Champlain accompanied this expedition and thus visited the St Lawrence for the first time in the summer of 1603.
De Chastes died in the same year, and the Sieur de Monts proposed to the king to undertake the colonization of Acadia. The king directed that he should be given the same powers and privileges as had been given to Roberval and his successors. De Monts’ commission was dated November 8, 1603. It was under the authority of this commission that Quebec was established by Champlain, whom de Monts had appointed as his lieutenant with full powers. The system of government and law, established alike at Port Royal in Acadia and at Quebec in Canada, was, therefore, that originally provided for in the commission to Roberval.
The trading monopoly that had been granted to de Monts with his commission as lieutenant-general had been repealed in 1607, but it was afterwards renewed until 1609. The trade of the St Lawrence was then thrown open to all Frenchmen without imposing upon the traders any obligations to contribute to the support of the colony. Seeing that the colony must either be undertaken and supported by the crown or by the colonists themselves, all of whom at this time were engaged in the fish and fur trades, Champlain wished to associate all the leading traders in a company for the joint purpose of building up a strong self-supporting colony, combining the resources of agriculture, the fishing industry and domestic and foreign trade. The free traders from old France, however, had practically no interest in the establishment of a strong colony, which must of necessity build up important local interests and develop a vigorous local government. They were interested almost entirely in the fish and fur trades, both of which could be carried on from France. Moreover, a local administration, while expensive to maintain, was looked upon as likely to interfere with commercial activities, especially with respect to the fur trade. To colonize the country, to clear and settle the lands and to change the life of the Indian, either by civilizing him and making a farmer or an artisan of him, or converting him into a dissolute tramp on the highway to destruction, meant the impairment and ultimate destruction of that trade. The fur-traders from France, therefore, could hardly be expected to become enthusiasts on the subject of colonization.
It was, however, to the interest of the French court, in order to maintain its claims to the territory as against its European rivals, to have permanent establishments in Canada to undertake its exploration and settlement with a view to its permanent possession and defence. This enabled Champlain and his supporters in 1612 to gain the favour of the court in support of their plans for the establishment of a colonization company, with a monopoly of the Canadian trade. To guard against the lamentable ignorance, fickleness and lack of consideration with which the royal authority was too frequently exercised, it was deemed advisable to place the new venture under the patronage of a noble with the required influence at court.[2] Such a protector was found in the person of the Comte de Soissons, a scion of the house of Bourbon. Upon him were conferred the rights and powers of the Roberval charter, and these, with the approval of the king, he delegated to Champlain as his lieutenant. De Soissons died shortly afterwards, but his place was taken by Henri de Bourbon, Prince de Condé.
During the operation of Champlain’s company from 1613 to 1620 colonization was Champlain’s great purpose, but his desire to found a colony for the extension of Christianity[3] and the glory of France did not appeal strongly to his trading associates. The salvation of souls through the conversion of the heathen, and the glory of the French king were to them of less importance than their own commercial success. So, while the trade of the St Lawrence was being diligently prosecuted, the colonization features were for the most part put off till a more convenient season. Colonization, in fact, was not favoured by the associates of the company since it was liable to develop conditions which might prove troublesome to them. The political difficulties of their patron, Condé, who was in prison in France, and the intrigues of their commercial rivals, who ungenerously referred to the non-fulfilment of their promises, disturbed the peace of the company. Their monopoly was in danger, and it required all the enthusiastic representations of Champlain as to the future possibilities of his colony, and all the political influence of his commercial associates, to preserve it. Condé, on regaining his liberty in 1619, sold out his trading privileges; and his lieutenant-general’s commission, the political charter, was transferred to the Due de Montmorency, admiral of France.
It being determined that the company could not go on indefinitely monopolizing the benefits of the St Lawrence trade, while contributing no more to the development of New France than did the free traders, their monopoly was cancelled in 1620. The trade had proven of great value, and there was immediately a sharp competition for the Canadian privileges. The successful competitors were two Huguenot merchants of Rouen, Guillaume and Emery de Caen, who formed a new company to operate the monopoly. The charter still belonged to Montmorency, under whose commission this new company wished to operate. The Caens, though Protestants, undertook to co-operate with the Catholics for the conversion of the heathen, philosophically concluding, doubtless, that it would not embarrass them to fulfil their religious obligations quite as well as their predecessors had done.
The old company, not being without its supporters in official quarters, contested the rights of the new company, and the matter was not definitely settled before 1622, when the more active spirits of both companies united under a monopoly extending until 1635. Meantime the government of the colony of New France did not involve any very complex problems. The commission of the lieutenant-general more than met all the needs. So far as there was any difficulty, it was not as to the law and the authority for it, but as to enforcing the law among the employees of the company, of whom the small colony on the St. Lawrence was chiefly composed.[4]
In 1625[5] the Canadian commission once more changed hands, passing from the Duc de Montmorency to the Duc de Ventadour. But, beyond some restrictions being placed on the heretical religious performances of the Huguenots, little change was made in the constitution of the colony.
Though Champlain was making renewed efforts to better the position of his colony at Quebec and to attract settlers, the new company proved as little favourable to colonization as the old one and for the same reasons. A colony meant increased expense to the company and threatened the profits of its monopoly. Moreover, if the colony became sufficiently populous and self-supporting, it must inevitably pass out of the control and the employment of the company. Already the experiences of other nations, especially of the Dutch and the English, indicated that established and progressive colonies chafed under monopoly privileges and outside dictation.
| [1] | For an account of Roberval’s winter in Canada and of other expeditions prior to Champlain, see ‘The Beginnings of Canada’ in this section. |
| [2] | De Monts had, in the meantime, resigned his commission. |
| [3] | In 1615 Champlain brought out with him from France four Récollet fathers to propagate the faith in Canada. |
| [4] | At this time there were about fifty persons at Quebec, forty of whom were in the service of the company. |
| [5] | In this year the Jesuits, on the invitation of the Récollets, came to Canada. |
