USA > Pennsylvania > Philadelphia County > Philadelphia > Municipal government history and politics, Vol. V > Part 14
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united as the Dominion of Canada, have entered on a fourth era pregnant with promise.
II .- THE FRENCH RÉGIME, 1608-1760.
During the days of French domination in Canada, we look in vain for evidences of self-government in any form, such as we see in the town-meetings of Massachusetts and in the counties and parishes of Virginia, or in other local divisions of the old English colonies in America, in all of which we can see the germs of liberty and free institutions from the earliest days of their history. The system of government that was established on the banks of the St. Lawrence was the very opposite of that to which the people of New England always clung as their most valued heritage. While the towns- folk of Massachusetts were discussing affairs in town-meetings, the French inhabitants of Canada were never allowed to take part in public assemblies, but were taught to depend in the most trivial matters on a paternal government. Canada was governed as far as possible like a province of France. In the early days of the colony, when it was under the rule of mere trading companies chartered by the King, the Governors prac- tically exercised arbitrary power, with the assistance of a Council chosen by themselves. Eventually, however, the the King, by the advice of the great Colbert, took the govern- ment of the colony into his own hands, and appointed a Governor, an Intendant, and a Supreme or Sovereign Council to administer under his own direction the affairs of the country. The Governor, who was generally a soldier, was nominally at the head of affairs, and had the direction of the defences of the colony ; but to all intents and purposes, the Intendant, who was a man of legal attainments, had the greatest influence in many ways. He had the power of issuing ordinances which had the effect of law, and in the words of his commission "to order everything as he shall see just and proper." An exami- nation of these ordinances proves conclusively the arbitrary
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and despotic nature of the government to which the people were subject, and the care that was taken by the authorities to give them as little liberty as possible in the management of those local matters over which the inhabitants of the British colonies exercised the fullest control. These ordinances regu- lated inns and markets, the building and repairs of churches and presbyteries, the construction of bridges, the maintenance of roads, and all those matters which could affect the comfort, the convenience, and the security of the community.1
It is interesting to notice how every effort that was made during the continuance of the French rule, to assemble the people for public purposes, and give them an opportunity of taking an interest in public questions, was systematically crushed by the orders of the government in accordance with the autocratic spirit of French monarchy. The first meeting of the inhabitants was called on the 18th of August, 1621, by Champlain, in Quebec, for the purpose of getting up a petition to the King on the affairs of Canada.2 But this was a very exceptional event in the history of the colony. A public meeting of the parishioners to consider the cost of a new church could not be held without the special permission of the Intendant. It was the custom in the early days of the colony to hold public meetings in Quebec under the chairmanship of members of the Sovereign Council for the purpose of discussing the price and quality of bread and the supply of firewood. "Such assemblies, so controlled," says Parkman, "could scarcely, one would think, wound the tenderest susceptibilities of authority ; yet there was an evident distrust of them, and after a few years this modest shred of self-government is seen no more." 3
1 " Les règlemens de police et les affaires municipales étaient aussi du domaine du gouverneur et de ses conseillers."-Doutre et Lareau, Histoire Genérale du Droit Canadien, i. 37. See also Ferland, Histoire du Canada, i. 365.
" Doutre et Lareau, pp. 13, 14.
3 Parkman's Old Régime in Canada, pp. 280, 281. -
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We have a striking illustration of the arbitrary policy pur- sued toward the colony by the King and his Ministers in the action they took with reference to an attempt made by Count de Frontenac in 1672 to assemble the different orders of the colony-the clergy, the noblesse or seigneurs, the judiciary and the third estate, in imitation of the old institutions of France. He compelled the estates of Canada, as he called them, to take the new oath of allegiance before a great assemblage of persons. The French King did not long leave the haughty Governor in doubt as to his opinion of this innovation on the policy laid down for the government of the colony. "The assembling and division that you have made," wrote Colbert, " of all the inhabitants of the country into three orders or estates with the object of administering to them the oath of allegiance might have some effect for the moment; but it is well to consider that you should always observe in the admin- istration of public affairs those forms which are followed here and that our kings have deemed it inexpedient for a long time past to assemble the States-General of their kingdom, with the view perhaps of destroying the ancient system. Under these circumstances you should very rarely, and in fact it would be better if you should never, give this form to the people of the country. It will be advisable, even after a while, when the colony is more vigorous than at present, to suppress by degrees the syndic who presents petitions in the name of the inhabitants, as it seems better that everyone should speak for himself, and no one for all." 1
The history of the officer just named, the syndic, of itself gives us some striking evidence of the stern determination of the government to stamp out every vestige of popular institu- tions, however insignificant it might be. The syndics d'habi- tations are said to have been originally constituted by Colbert to act as municipal officers appointed by the people of the
1 Dontre et Lareau, pp. 169, 170; Chauveau, Notice sur la publication des Régistres du Conseil Souverain, etc., p. 34.
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cities to preserve public rights. The references to these func- tionaries in the history of those times are very vague : they appear to have existed in Quebec, Montreal, and Three Rivers in 1647, but they ceased to exist by 1661. The government was determined to have no town-meetings or municipal officers in the province of Quebec. In 1663, a meeting of the citizens of Quebec was called by the Supreme Council, on the requisi- tion of the Attorney-General, to elect a Mayor and two Alder- men for that town. The people accordingly chose Jean- Baptiste Legardeur, Sieur de Repentigny, for Mayor, and Jean Madry and Claude Charron for Aldermen ; but these persons soon resigned in consequence, it is well understood, of the influence brought to bear upon them by the authorities. They declared that, having regard to the smallness of the population, it would be better to appoint a syndic. The first election held for this purpose was annulled, and another, called irregularly by the Governor, made a nomination. It appears that the Bishop, Monseigneur de Laval, a haughty, determined man, who proved himself during his memorable career in Canada a true descendant of the great house of Montmorency, was opposed to the action taken in this matter, and his friends in the council protested against the swearing in and installation' of the syndic. The Governor, M. de Mezy, took upon himself to suspend the obstinate councillors, and consequently com- mitted a violation of the royal instructions, for he had no power of appointing these functionaries without the consent of the Bishop, or of dismissing or suspending them at his own discretion.1 Without dwelling further on these official squab- bles, frequent enough in those times, it is only necessary to add that the sequel was that the country heard no more of attempts to establish even a semblance of popular representa- tive government in the towns of Canada. The policy of the King and his advisers was determinately antagonistic to such
1 Chauveau, pp. 24-30; Garneau, i. 179, 180; Parkman's Old Régime, p. 281; Doutre et Lareau, p. 129.
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institutions. "It is of great consequence," wrote Meules to the minister in 1685, "not to give any liberty to the people to express their opinions." 1
The administration of local affairs was exclusively under the control of the King's officers at Quebec. As I have already shown, the ordinances of the Intendant and of the Council were the law. The local or territorial divisions of the colony had no connection, as did the townships, parishes, and counties of the English colonies in America, with the local affairs of the people. The country was subdivided into the following divi- sions for purposes of government, settlement, and justice : 2
1. Districts.
2. Seigniories.
3. Parishes.
The districts were simply established for judicial and legal purposes, and each of them bore the name of the principal town within its limits, viz : Quebec, also called the Prévôté de Québec, Montreal, and Three Rivers. In each of these dis- tricts there was a judge, appointed by the King, to adjudicate on all civil and criminal matters. An appeal was allowed in the most trivial cases to the Supreme or Superior Council, which also exercised original jurisdiction.3
The greater part of Canada was divided into large estates or seigniories, which were held under a modified system of feudal tenure, established by Richelieu in 1627,4 with the view of creating a colonial aristocracy or noblesse, and of stimulating settlement in a wilderness. By this system, which lasted until 1854,5 lands were as a rule held immediately from the King
1 Meules an Ministre, 1685.
" Bouchette, A Topographical Description of the Province of Lower Can- ada, etc., pp. 86, 87.
3 Doutre et Lareau, p. 130.
4Garneau, i. 171.
" It was abolished after many years of agitation by 18 Vict., c. 3.
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en fief or en roture. The seignior, on his accession to the estate, was required to pay homage to the King, or to his feudal superior in case the lands were granted by another than the King.1 The seignior received his land gratuitously from the crown, and granted them to his vassals who were generally known as habitants or cultivators of the soil. The habitant or censitaire held his property by the tenure of en censive, on con- dition of making annual payments in money or produce known as cens et rente, which were ridiculously small in the early times of the colony .? He was obliged to grind his corn at the seignior's mill (moulin banal3), bake his bread in the seignior's oven, give his lord a tithe of the fish caught in his waters, and comply with other conditions at no time onerous or strictly enforced in the days of the French regime. The land of the censitaire went to his heirs, but in case he sold it during his lifetime, one-twelfth of the purchase money was given under the name of lods et ventes to the seignior. In case the latter at any time transferred, by sale or otherwise, his seigniory- except of course in the event of natural hereditary succession -he had to pay a quint or fifth part of the whole purchase money to his feudal superior, but he was allowed a reduction (rabat) of two-thirds when the money was paid down imme- diately.4
The system, irreconcilable as it is with our modern ideas of free settlement, had some advantages in a new country like
1 Parkman, p. 245.
2 Half a sou, and half a pint of wheat, or a few live capons, wheat, and eggs, would represent the cens et rente for each arpent in early days. Park- man's Old Régime, p. 249.
3 The government appear to have rigidly enforced the seignior's rights in the case of the moulin banal. For instance, in 1706, the Intendant issued an ordinance forbidding the Dame de La Forêt from turning her mill in the county of St. Laurent while there was a moulin banal in that place. Doutre et Lareau, p. 237.
4 For a succinct description of the main features of the seigniorial tenure, see Parkman's Old Régime, ch. 15; Garneau, i. 171-174.
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Canada, where the government managed everything and colo- nization was not left to chance. The seignior was obliged to cultivate his estate at the risk of forfeiture-and many estates were from time to time resumed by the crown-and conse- quently it was absolutely necessary that he should exert him- self to bring settlers upon his lands. The conditions of the tenure were in early times so trivial as not to burden the settler. The obligation of the censitaire to grind his corn in the seignior's mill was an advantage, since it insured him the means of procuring bread, which it would have been otherwise difficult to find in a country where there was neither money nor enterprise. The seigniories were practically so many terri- torial divisions where the seigneur was master and adviser to his censitaires. He had the right of dispensing justice in cer- tain cases, though this was a right he very rarely exercised.1 As respects civil affairs, however, both lord and vassal were to all intents and purposes on the same footing, for they were equally ignored in matters of government.
In the days of the French régime, the only towns for many years were Quebec, Montreal, and Three Rivers. Villages were but slow in growth, despite the efforts of the government to encourage them. In remote and exposed places-like those on the Richelieu, where officers and soldiers of the Carignan regiment had been induced to settle-palisaded villages had been built; but in the rural parts of the province generally, the people appear to have considered their own convenience. The principal settlements were, in the course of time, estab- lished on the banks of the St. Lawrence from Quebec to Mon- treal. The people chose the banks of the river, as affording them in those days the easiest means of intercommunication. As the lots of a grant en censive were limited in area-four arpents in front by forty in depth-the farms in the course of
: The seigniors rarely exercised their judicial rights; the Seminary of St. Sulpice was almost the only one to do so; the Council exercised superior jurisdiction in all cases. Doutre et Lareau, pp. 133, 305.
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time assumed the appearance of a continuous settlement on the river. These various settlements became known in local phraseology as Côtes, apparently from their natural situation on the banks of the river. This is the derivation of Côte des Neiges, Côte St. Louis, Côte St. Paul, and of many picturesque villages in the neighborhood of Montreal and Quebec.1
The parishes were established for ecclesiastical purposes, and were grouped on each side of the St. Lawrence and Richelieu. Their extent was exactly defined in September, 1721, by a regulation made by Messieurs de Vaudreuil and Begon, assisted by the Bishop of Quebec, and confirmed by an Arret du Con- seil of the 2nd of March, 1722.2 These parishes are constantly referred to in the ordinances of the Superior Council, in con- nection with the administration of local affairs. In the par- ishes, the influential men were the Curé, the seignior, and the captain of the militia.3 The seignior, from his social position, exercised a considerable weight in the community, but not to the degree that the representative of the Church enjoyed. From the earliest time in the history of the colony, we find the Roman Catholic Church exercising a dominant influence- an influence, it must be admitted, discreetly and wisely used for the welfare of the people committed to its spiritual care.4
1 Parkman's Old Régime, p. 234.
2 Edits et Ordonnances, i. 443. Doutre et Lareau, pp. 259, 260. Bou- chette's Canada, p. 86.
3 " The most important persons in a parish were the cure, the seignior, and the militia captain. The seignior had his bench of honor in the church. Immediately behind it was the bench of the militia captain, whose duty it was to drill the able-bodied men of the neighborhood. ... Next in honor came the local judge, if any there was, and the church wardens." Parkman's Old Régime, p. 387. The precedence in church and processions was regu- lated by ordinance. See Doutre et Lareau, p. 242.
4 " Lower Canada had, when we received it at the conquest, two institu- tions which alone preserved the semblance of order and civilization in the community-the Catholic Church and the militia, which was so constituted and used as partially to supply the want of better civil institutions."-Lord Durham's Report, p. 31.
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Next to the curé in importance was the captain of militia, who was exceedingly useful in the absence of civil authorities in carrying out the orders and instructions of the Government in the parishes. The whole province was formed into a militia district so that, in times of war, the inhabitants might be obliged to perform military service under the French Governor. In times of peace, these militia officers executed the orders of the Governor and Intendant in all matters affecting the King. A captain was appointed for each parish, and in some of the larger divisions there were two or three.1
By reference to the numerous ordinances of the Intendant, we can see pretty accurately how such local matters as the construction, maintenance and repair of roads and bridges were managed in the seigniories and parishes. In case it was considered necessary to build a church or presbytery, the Intendant authorized the habitants to assemble for the purpose of choosing from among themselves four persons to make, with the curé, the seignior, and the captain of the militia, an estimate of the expense of the structure. It was the special care of the captain of the militia to look after the work, and see that each parishioner did his full share.2 It was only in church matters, in fact, that the people of a parish had a voice, and even in these, as we see, they did not take the initiative. The Quebec authorities must in all such cases first issue an ordinance.
All the roads and bridges of the colony were under the supervision of the grand voyer, or superintendent of highways, appointed by the King. We find in the proceedings of the Council on the 1st of February, 1706, the regulations which governed this important officer in the discharge of his duties. He was obliged to visit all the seigniories at certain times of the year and make provision for the highways wherever neces- sary. The roads and other local improvements were con-
1 Doutre et Lareau, p. 136.
2 Edits et ordonnances, ii. 295.
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structed after consultation with the proprietors of lands and the most responsible persons of the place, at the expense of the people immediately interested. All the work was performed under the direction of the captain of militia in the parish.1
The position of the people in French Canada for a century and a half has been tersely set forth by the writers to whom we have frequently referred : " Without education, without an opportunity of taking part in public affairs, without an interest in the public offices, all of which were filled up by persons sent out by the Government, the Canadian people were obliged to seek, in the clearing of the forest, in the culti- vation of the field, in the chase and in adventure, the means of livelihood, and hardly ever busied themselves with public matters. Sometimes they thought they were becoming 'a people' on this continent, and might acquire a larger degree of liberty, but all such aspirations were promptly checked by the governor, the intendant and the bishop, in obedience to the instructions of the King. No social union existed between the people, no guarantees for civil liberty were ever established. On every occasion the people were taught to have no ambition for civil power, or for a share in public business. Reduced at last to a state of passive obedience, they accepted the orders and edicts of the King without a murmur." 2
It is easy to understand that the result of this autocratic, illiberal system of government was complete social and politi- cal stagnation.3 It was not until the people of French Canada
1 Edits et ordonnances, ii. 135.
" Doutre et Lareau, p. 308.
3 " The institutions of France, during the period of the colonization of Canada were, perhaps, more than those of any other European nation, calculated to repress the intelligence and freedom of the great mass of the people. These institutions followed the Canadian colonist across the Atlantic. The same central, ill-organized, unimproving and repressive despotism extended over him. Not merely was he allowed no voice in the government of the province, or the choice of his rulers, but he was not even permitted to associate with his neighbors for the regulation of those municipal affairs which the central authority neglected under the pretext of managing." Lord Durham's Report, p. 9.
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had been for many years under a British system of govern- ment, that they awoke to the full consciousness of their rights, and began to take that practical interest in public affairs which was the best evidence of their increased intelligence.
III .- LOWER CANADA, 1760-1840.
For three years after the conquest of Canada, the government was in the hands of military chiefs who had their headquarters at Quebec, Montreal, and Three Rivers, the chefs lieux of the three departments into which General Amherst, the first Eng- lish Governor-General, divided the new province. During this military régime the people as a rule settled their difficulties among themselves, and did not resort to the military tribunals which were established to administer law throughout the con- quered territory.1 In 1763, King George III. established four new governments in America, viz. : Quebec, East Florida, West Florida, and Grenada. For nearly thirty years, the people of the government of Quebec were not represented in a Legislature, but were governed up to 1774 by a Governor- General, and an Executive Council, composed in the first instance, of the two Lieutenant-Governors of Montreal and Three Rivers, of the Surveyor-General of Customs, and of eight others chosen from the leading residents of the province.2 In 1774 the Imperial Parliament for the first time intervened in the affairs of the country, and passed the Quebec Act, by which the government was entrusted to a Governor-General and a Legislative Council appointed by the Crown, inasmuch as it was deemed "inexpedient to call an Assembly." This irresponsible body was to contain not more than twenty-three and not less than seventeen members, and had power with the consent of the Governor-General " to make ordinances for the
1 Attorney-General Thurlow's Report in Christie's History of Lower Canada, i. 49, 50.
* Christie, i. 49, 50.
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peace, welfare, and good government of the province." It had no authority, however, to impose any taxes or duties, except such as the inhabitants of any town or district might be authorized to assess or levy within its precincts for the purpose of making roads, erecting and repairing public build- dings, or for any other purpose respecting the local convenience and economy of such town or district.1
During the military régime, the captains of militia dispensed justice and carried out the orders of the authorities in the par- ishes.2 The King, in 1763, gave instructions to Governor Murray, who succeeded General Amherst, to lay out town- ships and provide town sites, with the view of encouraging the settlement of English-speaking people. Provision. was also made for building a church, and for giving 400 acres of land to the support of a clergyman, and 200 acres for a school- master.3 In 1764 the Governor established Courts of Quarter- Sessions for the trial of petty causes. These Courts were com- posed of Justices of the Peace, who had to address their war- rants to the captains and other officers of militia in the first instance.4 The majority of the inhabitants dwelling in each parish were also permitted to elect, on the 24th of June in each year, six men to act as Baillis and Sous-Baillis.5 The names of these men were sent in to the Deputy Secretary of the province, and the Governor-General, with the consent of the Council, appointed the persons who were to, act. These officers had for some years the inspection of the highways and bridges, and also acted as constables. In 1777, it was deemed advisable to pass an ordinance providing for the repair and maintenance of the roads and bridges in the province, under the direction of the Grand Voyer, whose office was reestablished
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