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SEI 
 
 ITS 
 
 1 
 
n^ 
 
 rHE 
 
 1 
 
 SEIGNIOEIAL QUESTION. 
 
 ITS PRESENT POSITION 
 
 BY 
 
 2, member of tl)e Cegielatbe iJlaaembii), 
 
 FROM 
 
 UPPEE CANADA 
 
 QUEBEC 
 
 1854. 
 
 *:?-*-, 
 
 :i.-^. 
 
 <^ A 
 
 ■"/RueR, 
 
 Mill 
 
 i.^.t' 
 
 L'e. 
 
 tc- " •■ 
 
 '^v*-. 
 
 '*■»*■,;. 
 
f 
 
 No 'd\ 
 a few obse 
 proposed t 
 from the Li 
 for the abo 
 The iiiipoi 
 of the Gov 
 secure a p 
 out pretiMK 
 menl, has 
 ^ several ye? 
 ; extent of h 
 I ment. It 
 J late procee 
 In 1851, 
 which Mr. 
 The result 
 Bill, not to 
 Seigniors, 
 the maxiii 
 would be < 
 concede at 
 declarator) 
 objected t 
 provided n 
 that it wasi 
 
 It was 
 ihe subject 
 and it .soon 
 taken befc 
 Administrf 
 The Gover 
 isideration ( 
 of the Seig 
 of their dei 
 tion to the 
 eontemplal 
 was held t 
 
SEIGNIORIAL QUESTION. 
 
 
 I 
 
 No apolofjy need be ollered for intmdinf^on public Tiotjcc 
 a few observations suggested by peruf^al of Ibe ArrjeiKhnentfl 
 proposed to be oU'ered in the Legislative Coiineil totlu! Bill sent 
 from Ihe Legislative Assembly, and intitled, " An Act 1«i provide 
 for the abolition of feudal rights and duties in Lower Canada." 
 The iniporfauce of the j^ubjecl and its bearing on the charaeter 
 of the Government and of the Province, will, it may be hope<l, 
 .secure a patient consideration for the views of one, who with- 
 out pretendmg 1o have ongitmted any new scheme of settle- 
 ment, has given much consideration to the question during 
 several years, and who is most anxious to contribute to Ihe 
 extent of his humble ability, to its Hnal and satisfactory adjust- 
 ment. It is {)roposed in the first place to review brielly the 
 late proceedings with reference to the Seigniorial question. 
 In 1851, the subject was referred to a Select Committee, of 
 which Mr. Dnnnmond, then Solicitor General, was Chairman, 
 The result of the protracted labours of that Committee was a 
 Bill, not to settle tlie question, but to define the rights of the 
 Seigniors. It was proposed to settle by legislative enactmeni 
 the maximum amount of ccns et rentes^ to which the Seignior 
 would be entitled, and to adopt measures to compel him to 
 concede at that rate. A Bill was accordingly introduced of a 
 declaratory character, but Mr. Attorney General Lafontainc 
 objected to its being proceeded with, on the ground that it 
 provided no real settlement of the Seigniorial question, and 
 that it was in reality a measure of confiscation. 
 
 It was at a very late period of the Session of 1851 when 
 the subject was brought under the consideration of the House, 
 and it soon became aj)[)arent that no legislative action c<mld be 
 taken before die prorogation. During the year 1851 a no vv 
 Administration was formed, and a general election followed. 
 The Government occupied itself during the recess with the eon- 
 isideration of the best means of ellecting a satisfactory adjustment 
 of the Seigniorial Question, and the Bill of 1852 was the resutl 
 of their deliberations. It is necessary to direct spccia! "ttt n- 
 (ion to the principle and object of that bill. Not only did Ji not 
 contemplate the extinction of the Seigniorial Tenure, but it 
 was held by those who professed to be best acciuainled with the 
 
opinions of llio people of Lower Canada, llial there was no 
 s^troRi^ (lesin^ on the part of tlic Crnsilitircs to ellect siu;h a 
 chaiii^e. It was allei^ed tliat sineo lli(! ('on(|iii'st of (Ik; ('oim- 
 trv, owini^ to tlie ncGflect of the (ioverniri<'n1 and Ije£>"ishiture to 
 })rovi{k' a triLxinal, ^imih^^ to that u hich had existed while the 
 Provinee was under the dominion of the l^reneh Oown, thc^re 
 had been no means o{ eompellin;^" tlie Si'i,:ifniors to concede 
 lands at the eiisloniary rents, and ihut in (H)n>i (|U('ne(! they had 
 eonv(U''ed a qiialihed riii^hl of ja'Dj'criy into an ab.s()hit(; one. 
 It was said thai if the powtM's cxc^^cised by the (iovernor and 
 In1en(hint l)efoi(' die ('(tmpiest had been intrusted to some other 
 Court, the abuses now i'(»mphiin(Mic)f \\ onid not have !)e('n per- 
 mitted. (I was not j)relen(h'd lliat the loth rl. vcnlfs {\\\(\ Xha 
 droit ilc IhiuuI if 1} wi'Xi' ilh\gal, hut its('emedto be the prevailing 
 opinion, that no measure could be more rnpopular than a 
 forced conunutiition of the tenure, whicdi would compel a Cen* 
 sitaire, whose rent was clearly within the limits miiversally ad- : 
 mitted to be h'i^al, 'o rediM-m tlie Seigniorial rii,dit»s of which ' 
 lie did not complain, either by a pijyment in cash or by an 
 equivalent thereto in an annual charge. 
 
 The scope and object of the (lovernment measure was to deal 
 with the question of excessive rents, and in order to remove all 
 ground of comj)laint on the part of the Seigniors, that their 
 property was to be confiscated, it was determincHl that the 
 question should be subnntted to the Courts of Justice as to 
 whether the rents allcg(ui to l>e excessive were Ji'gal or not. 
 But without reference to this decision, it was to be declared 
 bylaw that in future the maximum amount of rent should be ; 
 two pence per arpmt, and that the Seignfor should be coinp(m- ^ 
 .^ated from the j)ublic nsvenue for the diUbrence Ijetween thai 
 rate and the rate stipulated for in the contract between hira 
 and his reHsildirc. This compensation was of course to depend 
 on the favo'irable decision of tin; Courts. It is imnecessary 
 to enter into the other details of the bill. It is svdiicient to 
 observe that the commutation of tlie other Seigniorial rights was 
 to be optional, and that the burden of their redemption was to 
 fall on the cermlaire. The bill as finally passed by th(^ Assembly 
 after much deliberation, was summarily rejected by the Legis- 
 lative Council, a step which caused great irritation at the time 
 and induced a belief, probably quite unfounded, that there is an 
 indisposition on the part of that Honorable Body to agree to a 
 fair measure for settling the ([uestion. It cannot be denied 
 that up to the period of the rejection of the Bill introduced in the 
 
iIktc waa no 
 rlU'ot snc.li a 
 ( ol' the Couii- 
 lA'i,^i?*la1ur(? to 
 sled vvliilo the 
 
 (-row 11, llicre 
 IS to coricode 
 I'lu-c ificy had 
 
 iibs()hit(! Olio. 
 (ioviMiior nnd 
 [ t(^ souk; t)lher 
 lavf- U'on pcr- 
 vcfifes and the 
 llic prevailing 
 •puhir than a 
 •onipol a Cew- 
 niivorsally ad- 
 ,'ht.s of which 
 ash or by an 
 
 ire was to deal 
 
 to rt'inove all 
 ors, that their 
 ikmI that the 
 t" Justice as to 
 
 Jfi^al or not. 
 (> be declared 
 ent should be 
 d he compen- 
 
 Ix^lwcen tha^ 
 between him 
 iii>^e a)flepend 
 
 iinn(!cessary 
 is siillieient to 
 ial rights was 
 inption was to 
 lh(^ Assembly 
 by the Ix'gis- 
 oii at the time 
 lat there is an 
 ' to agree to a 
 ot be denied 
 odiiced in the 
 
 Session of !8.)2-3, pul>lie opinion in T.ower Canada had b(>(»a 
 expressed rathcM* in favor of the retluetion of ihrm/s ct rcntfs 
 than of the abolition of the tenure. With n^gard to Upper 
 Canada, \\li>'re the ([tieslion is (-oinparatively speaking hut 
 little umlerstood, tluMo is an anxious desire on the part of its 
 Uej)resentatives to eo-operale with th(! Lower Canadians in 
 settling it in a ^•atisfaetory maimer. It may safely be atlirmed 
 on the pari of the Members for Upper Canada, lliat no objec- 
 tion wo(dd he mad(^ by thejii to the ap])lieati(>n of lli(« (loveru- 
 laent aid in any manner which may be deemcil most conducive 
 to the <;xtin(^!ion of tlie Tenure. i( is true tlial the general 
 public (lissaii^l{lc^ion at llie excessive rents and the prevailing 
 belief that tl.i- su])sisting contracts have been illc-gally extort- 
 <'d, conslitute the ground on which alone ))ul)lie aid can l)e 
 demanded, but now that tin; sanction of the House of As- 
 sembly Ji; s been given to the priiicij)le of indemnity from the 
 ConsoIi(' d Kund, ther<> would he no objection \vlia1f>ver to a 
 variation .a the mode of applying the amount granted, more 
 (vspecially if it coidd be shewn tliat such a variation would 
 aflbrd Uie sols means of extinguishing the Tenure. 
 
 To return, however, to the Instory of the cpicstion. After the 
 rejection in May IH53 of the Bill sent by the Assembly to the 
 Legislative Council, increased agitation took place, and jmblic 
 opinion biuiame much stronger in favor of the total abolition 
 of the tenure, especially in th<' District (tf Montreal. The 
 people of Quebec too, where the rents are generally low, began 
 to perceivi^ that the etlect of the (.iovernment measure woidd bo 
 to distribute the indemnity obtained from the resources of the 
 whole |)opulation amoni^ a minority of llie Seigniories situated 
 principally in the District of Montreal, while all the real evils of 
 the syst(Mn would be left untouched. Unfortunately however 
 the remedy sugg<'sted by the Quebec interest was the reduction 
 of the maximmri rent from two pence to one penny per arpcnl, 
 by which means it was ho[)(Hi tliat some Itenefit wouki be 
 derived by the Ccnsitidres in that District. The (lOvernment 
 still adhering to the principle of not forcing a (yommutation of 
 the tenure, and being unable to deny the reasonableness of the 
 complaints made on behalf of the Queb(H^ Coisitaircs, yitdded 
 this point, and proposed the reduction of the rents to one penny 
 v/'thout however having any means of increasing the indemnity. 
 It must be obvious that the people of Quebec gained little if any 
 real advantage by the change, while an enormously increased 
 charge has been put on the indemnity fund, and one which it 
 may be wholly insufiicient to bear. 
 
 i 
 
6 
 
 The now Covornmcnt mnasiirc now niidor nonsidemtion 
 has hcon iiioiildi'd to iiicci tlic views of the parties to wlioni 
 reference has been lumk. 'V\\v re»hi(;Iion ol'the rent to a penny 
 per arpent was to satislv the Quebee Cnmlaiy^'H^ while the j)rin- 
 cipU; of forced cornniiitalion, introduced whih' the l>ill was in 
 Coin!t)ittee, was a (roncession loMonln-al |iiil»lic opinion. This 
 last concession is ojie w hich alters the whole character of the 
 measure and render's it necessary to retrace the entire ground 
 wliich has been travelled over. It was a point yiehhul l>y Iho 
 GoverninenI at alniosl, the last uioinent, and it is now admitted 
 that th(> plan proposed i'or elleeliui( llit? <M)niinutatioii and 
 adopted without sullicicnt consideration would have been 
 grossly unjust to the wSeignior. In dealing with private rights 
 which WW not evi-n disputed, there nnist b(; a strict regard to the. 
 princ!ij)le of full eoiiij)ciisr»tion for all that is taK(Mi away, and it 
 is (piile evident that this cannot be given w ilh satisfaction to the 
 Ccnsitnire under the })rovisions of tlu; present bill. Tlic 
 ainendmonts j>roposed to be sul)niitted to the Legislative Coun- 
 cil on behalf of the Seigniors, although in accordance with 
 equity and (talcuiated v(.'ry much to improve the bill sent from 
 Ihe Assembly, will most assuredly rentier it obnoxious to the 
 mass of the Vvvsitaircf^. In fact, the great olijection to all the 
 schemes whi(di have hitherto found favour in the Legislature, is 
 that they o])erate unequally. They confer a benefit on the 
 people in certain Seigniories at the expense of the jmblic al 
 iarge, including of (H)urse those Censitaircs who will derive no 
 advantage \vhat(U'cr from the bill. The Crmffaires are to be 
 relieved from one class of burthens (the rents), bnl at tlie same 
 time are to have others im])osed on them, while \\w munificent 
 indenmity fund is to be wasted by being subjected to the 
 charges conse(|uent on tli(> aj)pointment of ;i batch of Commis- 
 sioners, the termination t*f whose labours will assuredly be at 
 a vjery distant day. 
 
 Those who have steadily supported th« views of the 
 Goveriunent on this question up to the present time, are com- 
 pelled to j)ause, now that the whole aspect of aflhirs has 
 changed. It is to bo hoped that the Covcrnmcnt will likewise 
 pause. The decisions of the Legislative Assembly would 
 justify them in proposing a settlement of this most difficult 
 question, such as a few months ago they could hardly have 
 ventured on. It is now admitted that the Seigniorial Tenure 
 must be extinguished at no distant period, but it is generally 
 believed that the mode of cflecting this object provided by the 
 
 
 
 I 
 
lemtiou 
 
 whom 
 
 a jKmny 
 
 lilt' i)rin- 
 
 was ill 
 
 n\. This 
 
 of the 
 
 <^'r()iincl 
 1 l.y Ww. 
 iduulled 
 ioii and 
 vc he en 
 iv- rights 
 id tolhf. 
 ^, and it 
 :)ii to the 
 11. The 
 re C oun- 
 ce with 
 :nt from 
 Ls to the 
 o all the 
 aliire, is 
 
 on the 
 ublic ai. 
 L-rive no 
 ire to be 
 
 le same 
 
 mificent 
 
 to the 
 
 oiiimis- 
 11 V be at. 
 
 of the 
 ire com- 
 lirs has 
 lice wise 
 would 
 diliic'ult 
 ly have 
 Tenure 
 'nerally 
 J by the 
 
 I 
 
 Ji 
 
 Bill, with tlie amendments under the eonsidention of the 
 Legislative Council, will fsnl to give public satisfa(;tion. The 
 principle of couipul.sory early conunutation, having been 
 ibrced on the (iovernnuMit, lUry should now deal with the 
 question in the most comprehensive manner. The obvious 
 way of elfecting the object, is to apply the indemnity in the 
 first place, to the extinction of the most objectionable and 
 bnrthensorne rights by which means th(! most ollensive features 
 of the tenure could be at once abolished, and a great boon would 
 be extended to every Omsifairc in Lower Canada. No other 
 phin can be devised which would confer iMjual bentlifs on all 
 classes of cen.sitaires. Tlu^ objection of course; would be that 
 parlies now paying excessive rents would get no special ndief. 
 To this it may fairly be replied, that the indenmily has been 
 given, not so mu(rh because tluj parties subjected to these rents 
 have any particular claim to <!ompeiisatloii, as to satisfy 
 widely s[)read jxipidav discontent. It c;iimot be denied that 
 even if the S«Mguiors were legally bound to concede at 2d. per 
 arpent, the indivitlu l who has purcliased a properly subject to 
 a rent of Is perarp< it, and who has paid for it a proportion- 
 ately less price, ha,; no real grievance to (;omplain of, and this 
 class must form an immense majority of tlu^ whole body of 
 Cermtaires, 
 
 Hut even admitting the pretensions of this class of cen- 
 titairi'S to the fullest extent, it cannot be doubted that they 
 would consider the removal of their other burthens as a great 
 boon, and one which would largely increase the value of their 
 properties, and moreover they would be compelled to acknow- 
 ledge that they could not reasonably expect to be exempted 
 from the sacriiices which all classes of tlu; population are called 
 upon to make, to procure a satisfactory settlement of the 
 question. The advantage of the plan i)roposed is, that it is 
 sim[)le and inexpensive, and that no individual would have to 
 pay more annual rent than he does at present, while the entire 
 community would be relieved from all feudal burthens. It 
 moreover can be speedily carried into operation. As the 
 change of tenure would cause an increase to the value of pro- 
 perty much gi'eater than the amount which it would cost to 
 redeem the Seigniorial rights, every censilaire in Lower Canada 
 would receive an indirect benefit, even greater tiian the direct 
 one conferred by the Legislature. As there can be little doubt 
 that "the present Bill, with the proposed amendments, will 
 wholly fail in its object, it may be well to consider whether 
 
8 
 
 any suggestion, other than the one in<li(;at<Ml above, ran be 
 ottered. Slioiild that i)laii fail, it might he (h-etned Hiitticicnt 
 legislation lor the present, to appropriate; th(! funds sf^t apart in 
 the Bill now pending, to the re(h'mj)tion of Seigniorial rights, 
 to provide for the siihiiiission of all dispuie i points to the 
 Courts of Law, and also for the a|)pointnient of C'orrnnissioners 
 to obtain information regarding the value of tin; several rights 
 in all the Seigniories in Lower Canada. Siieh inforumtion 
 could be got very speedily and with sufKeient aeeiiraey for tho 
 purposes of legislation. Meantime, tin; Provincial indemnity 
 would b(! secured, and the revenues woukl be accruing 
 pending the iinai action of the Legislature. Under any cir- 
 cumstances, it is not probabh^ that there would l)e greater 
 delay in settling the question than must ne(;(;ssarily be created 
 by the proposed amendnients to the present Bill. 
 
e, can be 
 Mil (He lent 
 ;t apart in 
 al rightK, 
 nts to the 
 nissioncrs 
 >ral rights 
 ifi)rination 
 Lcy for th<5 
 indemnity 
 accruing 
 r any cir- 
 l)c greater 
 Du created