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 1 
 
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 I 
 
STATEMENT 
 
 OF THB 
 
 SEIGNIORS 
 
 OF 
 
 RIMOUSKU METIS 
 
 IN KEFfiRKNCE TO 
 
 THEIR RT^llT OF FISHING 
 
 IN THE RIVERS 
 
 RIMOUSKI AND METIS 
 
 QUEBEC : 
 
 PRINTED BY C. DARVEAU 
 
 No. 8, Alouiitaiu Hill, 
 
 1877 
 
\ 
 
 if ,r 
 
 I 
 
I "^l*^// 
 
 ! .r 
 
 STATEMENT 
 
 OP THE 
 
 SEIGNIORS 
 
 OP 
 
 miOUSEI & METIS 
 
 IN REFERENCB TO 
 
 THEIR RIGHT OF FISHING 
 
 IN THE RIVERS 
 
 IIIMOUSKI AND METIS. 
 
 / 
 
 QUEBEC : 
 
 PRINTED BY C. DARVEATJ 
 No. 8, MoQiitain Hill, 
 
 1877 
 
I 
 
 i 
 
STATEMENT 
 
 OF THE 
 
 SEIGNIORS 
 
 OF 
 
 RIMOUSKI AND METIS 
 
 In reference to their right of fishing in the rivers EimousJci and Metis. 
 
 I. 
 
 GENERAL OBSERVATIONS. 
 
 In a new and extensive country as Canada it is 
 not surprising that the laws regulating fishing and 
 hunting have not been in certain localities always en- 
 forced in favor of those who had exclusive rights to 
 this privilege . 
 
 At first the settlers were spread in small num- 
 bers in distant and separate places, the rivers and 
 forests were for them as opened and free domains. 
 There was then no municipal regulations and no 
 officers specially appointed to define where parties 
 had or had not a right to fish or hunt for pleasure or 
 for profit. 
 
— 4 — 
 
 In the Province of Quebec the Seigniors were 
 living amongst their tenants in a spirit of good will, 
 and they knew well how to enjoy whatever right or 
 privilege belonged to them. Several grants were 
 made of land.« and rivers with the exclusive right 
 of fishing in such rivers by the Crown of France to 
 the Seigniors ; other grants were made without such 
 exclusive right. 
 
 By the Treaty of Peace of 10th February 1763 
 and by the Imperial Act of 1774, 14 George III., c 83, 
 the rights of property of the Seigniors were clearly 
 conhrmed. Even without these guarantees, under 
 the public law of England these rights of the Sei- 
 gniors to enjoy whatever had been granted to them 
 by title from the French Crown could not have been 
 interfered with except by some positive enactment of 
 the I'nperial Parliament. I am not aware that the 
 public law or the civil law of England was then 
 and is now adverse to the exclasive right of 
 fishing being granted by the Crown even in navi- 
 gable rivers. 
 
 There is a wide difference between the right of 
 navigation and the right of fishing. The right of 
 navigating the rivers belonged to the public and 
 cannot be interfered with by the Seigniors or by any 
 one else, but this right of navigation does not include 
 the right of fishing or of bathing or of doing any 
 thing which is not an accessory to the right of navi- 
 gation. 
 
 This doctrine as recognized in England has been 
 discussed iu all its bearings and very well expiairied 
 in that celebrated and leading case of Blundell & 
 ('atterall : 7 English Common Law Reports p. 91 and 
 
— 6 — 
 
 copied in tho American work of Angell on Tide 
 Waters, Appendix page 25 & 26. " ma Jus publicum 
 " appears from Lord Hale to be the public right in 
 "all the king's subjects, of navigation for the pur- 
 " poses of commerce, trade and intercourse ; and also 
 " the liberty of fishing in the sea, or the creeks or 
 " arms thereof which Lord llA^.,Dejure Maris, p. 11, 
 " s^ys the common people of England have -gularly 
 " as a public common of pischary, and which he says 
 *• they may not, without injury to their right, be res- 
 •' trained of, unless in such places, creeks or navigable 
 " rioers where either the king or some particular sub- 
 " ject has granted a propriety, exclusive of that com- 
 " mon liberty." 
 
 The authorities of the French law as it existed 
 in 1763 are numerous, and all agree to give to the 
 Seigniors an absolute right of property in the non- 
 navigable rivers within the J' -.^ .heir Seigniory 
 and a rij^ht in the use of wat. 
 including right of fishing, 
 titles from the Crown of Frai 
 right of navigation belonging to i. 
 
 vigable rivers 
 »ted by their 
 only to the 
 ic. 
 
 Among other books may be cited " Trait6 des fiefs 
 by Pecquet de Livoniere," page 621. 
 
 Pourles rivieres navigables " les Seigneurs par- 
 " ticuliers peuvent y avoir droit de peche, etc., par 
 '* titres, c'est-a-dire, par concession de nos Rois, par 
 " aveux auciens ou par possession immemoriale. ' 
 
 "Pour les rivieres non navigables, eiles sont 
 
 "censees appartenir aux Seigneurs lesquels y 
 
 '* ont droit de peche, etc. 
 
6 — 
 
 As to navigable rivers. " The Soigniors can have 
 " therein the right of tishing by titles, that is to say, 
 " by Grants of our Kings, by old acknowledgments, 
 " or by immemorial possession." 
 
 As to non navigable rivers " they are presumed 
 •• to belong to the Soigniors who have therein the 
 " right of fishing, etc. 
 
 Bacquet, des Droits de Justice chap. 30. 
 Henrys, vol. 2, liv. 3, questions 5 et 6. 
 Salvaing, de 1' usage des Fiefs, chap. 37, and under 
 the present law of France, the same doctrine as to the 
 limitation of navigation is upheld. 
 
 Demolombe, des S. 'vitudes, vol. 11. 332. " Les 
 " bateliers ne peuvent employer le chemin de halage 
 " qu'aux besoins de la navigation ; c'est ainsi qn'ils 
 " n'ont pas le droit de s'en servir pour les commodites 
 *' de la peche." 
 
 Proudhon, Domaine de la Propriete No. 784. 
 Gamier, Regime des Eaux, vol. 2, p. 82. 
 " La servitude imposee aux riverains est exclu- 
 sivement reservee au service de la navigation." 
 Idem vol. I, p. 93. 
 
 Daviel, vol. I, p. 78. » On ne pent se servir du 
 " marchepied du fleuve pour s'y baigner." 
 
 > 
 
— 7 — 
 
 ir 
 
 ABOLITION OF THE FEUDAL SYSTEM O 
 THE PROVINCE OF QJEBEO. 
 
 "When ill 1854 tho feudal system was abolished 
 in the Province ol" Quebec, all the rights and privileges 
 of the Seigniors had to be determined . In order to come 
 to a proper conclusion a Special Court composed of all 
 the judges of the Superior Courts of the Province was 
 created by an act of the Parliament, 18th Victoria, chap. 
 3. and *o that Court was confided the duty of deter- 
 mining the legal rights of the Seigniors. There had 
 been a long agitation on behalf of the Censitaires, 
 (tenants,) forming the seven eight parts of the people 
 against the Si 'gniors whose privileges were looked 
 upon with some jealousy, and this feeling had pene- 
 trated to a certain extent the mind of ma; y ri'blio 
 men. However the Seigniors, being a small minority, 
 had to submit, and whatever wrongs they may have 
 sutfered, they have to abide, as others are bound to 
 do, by the judgment of thv Special Court. The delibe- 
 rations and proceedings of this Court are contained 
 in four printed volumes. I refer for the present ques- 
 tion to volume A. page 68, 69, 70, 71, 74. A correct 
 translation of the judgment on each question, in the 
 form of answers, is published in English in 
 Robertson Digest of cases in Lowex* Canada, page 438 
 No. 26 to No. 32, and 37 to 33. 
 
 By the same act re-printed in the Consolidated 
 Statutes of Lower Canada, chapter 41, section 34, it is 
 enacted that the decisions of the Seigniorial Court 
 shall be held as a final judgment in appeals en dernier 
 ressort, having force as res Judicata, 
 
 \:-- % 
 
:z-z::: 
 
 . — 8 — 
 
 NAVIGABLE RIVERS. 
 
 " Nd. 26. Seigniors had no olher rights over navi- 
 " gable rivers than those specially conveyed to them 
 " by their grants, provided those rights were not incon- 
 " sistent with the public use of the water of tl^ose rivers 
 " which is inalienable and imprescriptible. 
 
 " 27. 1. In seigniories bounded by a navigable 
 " river Seigniors could lawfully reserve to themselves 
 " the right of fishing therein, or impose dues on their 
 " tenants (censitaires) for the exercise of that right, 
 " when the right of fishing in the same had been g-raiit- 
 " ed to them; but they could notmfikethe reservation, 
 " or impose the dues, without g-rant and as Seigniors 
 " only. 
 
 *' 2, Where the right of fishing in navigable rivers 
 " was granted to Seigniors, the tenants (censitaires) 
 " could not have that right without special concession. 
 
 " 3. The right of Seigniors in tidal navigable rivers 
 " over the space of ground covered and uncovered by 
 " the tide, are derived from special grants, and without 
 " that extend to high water mark only ; in navigable 
 " rivers not subject to the tidal flow, the rights of 
 " Seigniors extended to the water line, i^aving all legal 
 •' servitudes, and without prejudice to the special 
 " grants in navigable rivers above mentioned. 
 
 " 4. The mutation of beaches, between high and 
 " low water mark, on the river St. Lawrence, or in 
 " other navigable rivers, held by Seigniors by virtue 
 *' of grants, as aforesaid, and conceded by them, entitles 
 " Seigniors to the mutation fine (lods et ventes) in the 
 " same cases in which it would have accrued in other 
 '* sales. 
 
" NON-NAVIGABLE RIVERS. 
 
 " 28. 1. By the j?rant of the fief to the Seij,^nior, he 
 became proprietor of the non-navigable rivers, rivu- 
 lets and other running waters, which passed through 
 or V7ere wholly or in part within the fief ; the same 
 principle applied to the property in such rivers and 
 rivulets to the middle of the stream. It is also in 
 virtue of the same grant, that he became proprietor 
 of non-navigable lakes as well as of ponds. 
 
 " 2. He was thus proprietor of these waters in the 
 manner aforesaid, as belonging to and forming a por- 
 tion of the fief; unless they were excluded by the 
 grant; subject nevertheless to legal servitudes. 
 
 " 29. 1. At the cession of the country, the Seigniors 
 of Canada were lawful proprietors of those non-navi. 
 gable and non-floatable waters, in whole or to the 
 middle of the stream as the case might be, on the 
 whole of their unconceded lands, and might make 
 use of them for industrial or other purposes, to the 
 exclusion of all other persons. 
 
 " 30. The right of property in rivers was not a 
 right juslitia (droit de justice) it resulted from the 
 conveyance of and followed the estate granted ; 
 when the estate was conveyed in Seigniory the rio-ht 
 resulted from the general laws of property in force 
 in the country, and not from the text of the Custom 
 of Paris, nor from any law specially promulgated for 
 Canada. 
 
 " 31. It was not a right justitice (droit de jus- 
 •' tice). 
 
 " 32. 2. The property of Seigniors in non-navi- 
 '• gable and non floatable wafers was susceptible of 
 
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.. division into the immediate demesne and the use.tul 
 .. demesne liKe the property in the so.L 
 
 ,. 2 The concession operating this division, con- 
 . veved to the tenant (cenntaire) the possession and 
 .. "Z^Zi of these ^vaters which were wUhm the 
 " limits of the concession." 
 
 .37 et88. There has been no established jans- 
 
 " fall through or border upon their lands. 
 
 considered smce ^ « ^^^ .^^^e and vested rights 
 
 to the seigmors ^^'^^^ ,„., j,, those who 
 
 ttZ S^^-^llthe British constitution. 
 
 Onrowni.rliamentof.Wah.notac^ 
 
 a diflerent spirit, and it has loan y 
 acknowledged these v-ted r,gh s n aU th ^^^ ^^ 
 
 relating .o lisheri- - -^J.'^Vvlrfa, Chapter 60. 
 Victoria, Chapter 11 b^ ^ -d 3 ^^^ ^^^^ 
 
 S. 2 still m iorce. i ne restrv a 
 
 in these two acts. i , ^ q it is 
 
 I„ the Statute '^^J^^ Lands ml , 
 enacted:"Theeomm.ssonne o crow ^^^^ 
 
 :s:;i::tiv:^Jp^^T^r'^"" 
 
 ..::::« aid licences for iisheries and hshig. 
 
 I„ the Statute of 1868, --' ^jlt: Sister 
 
 Vict. chap. 60 -*»f ;-:-;'! ^^^,„,„, „.,,, 
 
 •>*-> 
 
— 11 — 
 
 "rize to be issued fishery leases and licences for 
 " fisheries and fishing." 
 
 Under these statutes it seems that seigniors hav- 
 ing rights of fishing in the rivers within their seigni- 
 ories are not bound to take any license ; but this ques- 
 tion, if restricted to a nominal license for salmon fish- 
 ing, is not a matter in dispute now and need not be 
 discussed. When the bill upon which this statute of 
 1865 is founded was introduced, the Honble. Mr. 
 Alexander Campbell, then Commissioner of Crown 
 Lands, a gentleman of high legal attainments, is re- 
 ported in the Debates to have cited the opinion on 
 this matter of a former Attorney General and Min- 
 ister of Justice of Canada, now Chief Justice of the 
 Province of Quebec, a most distinguished lawyer, with 
 a perfect knowledge of the jurisprudence of Lower 
 Canada in particular and of Canada generally. 
 
 These debates have been deemed so important 
 that they were published then in pamphlet form in 
 french and english, and at page 4, 5 & 6 the Honble. 
 Campbell is reported to have said : 
 
 " In order to enable the House to judge fairly in 
 the case, it^ seems necessary that it should be made 
 aware of the rights of parties whose fisheries are 
 likely to be aflfected by the bill. Some misconceptions 
 exist in relation to these rights, but it was in no 
 wise the intention of the Government to interfere 
 with them. This is stated at the outset because my 
 hon. friend opposite (Hon. Mr. DeBeaujeu) had ma- 
 nifested some apprehension that the bill might in 
 some way invade the rights of the Seigniors and 
 Censitaires, and in order to eflectually quiet such 
 
— 12 ~ 
 
 " fears it is propos<^(l to make a further slight altera- 
 " tion which will entirely remove any such danger. 
 " This alteration is noted in the 3rd clause, and pro- 
 "vides that only where no exclusive rights of fishing 
 " exist by law in favor of private persons, shall the 
 " Commissionner of Crown Lands issue leases. 
 
 "Hon. Mr. LETELLIER De ST. JUST.— This 
 " does not now appear in the bill. 
 
 "Hon. Mr. CAMPBELL-No, I have just said 
 "that 1 propose making the alteration in Committee 
 "as alrealy noted in the bill. I believe that there is 
 " some misapprehension abroad as to the position of 
 " the Seigniors in regard of fishing rights, which it 
 "would be well to dissipate. Upon referring to the 
 " patents or grants issuod to the Seigniors, or to the 
 " parties from whom the Soignoiries have been pur- 
 " chased, it is found that there has been a conveyance 
 " of fishing rights which ought not to be disregarded ; 
 ** and to enable the House to judge of the unques- 
 " tionable character of these rights, I will quote from a 
 " few of the patents or grants. Among numerous 
 " o*her deeds, more or less similar, may be instanced 
 " those of the seigniories of Islet du Portage, Verbois, 
 " River du Loup, Isle Verte, G-rand Pabos, Soulange, 
 " St. Sulpice, Boucherville, Isles Bouchard, Kamou- 
 "raska, Sillery, G-audarville, &c., &c. In some of 
 " these grants there is conveyed, besides the express 
 " and exclusive right of fishing, the liberty to fish 
 "with all sorts of tackle on the beach as far as low 
 " water mark, or in any manner the grantee may 
 " deem convenient, or as he may think fit. Others 
 " grant a sedentary (or fixed) fishery. Many convey 
 " the right of soil in beaches, islands, battures, and 
 
- 13 - 
 
 "fshoals, some with and some without fishing. Not a 
 "few grants stipulate the right of exclusive fishery as 
 " far as the middle of the St. Lawrence, opposite the 
 " lands described. 
 
 •• Quite a number of other references to the same 
 effect from hke documents might be adduced, but 
 thase will probably suffice to show the intentions of 
 the French Crown to have been a full and perfect 
 conveyance of a proprietary right in these fisheries 
 to be used as the owners thought fit, or in accor- 
 dance with the practice of the times. 
 
 •'Judicial decisions have been hftd confirming 
 certain fishing rights. The action • Iso of the Com- 
 mission appointed under the Seigniorial Act has fur- 
 ther established many such claims. This shows 
 sufficiently clear that not only was the right to 
 fisheries conveyed, but also the privilege of fishing 
 on any way that seemed best to the grantees. The 
 precise practice would be a question of fact. " 
 
 " Hon. M. Campbell.— The question of positive 
 ownership in these fisheries had been raised when 
 the former Administration was in power, and the 
 then Attorney G-eneral for Canada East, the Hon. 
 Mr.Dorion, had delivered anopinon on the subject. 
 This question arose in consequence of an advertise- 
 ment of the Sheriff that he would proceed on a cer- 
 tain day to sell a certain fishing right at Ri\iere 
 Quelle, taken under execution. The official conduct- 
 ing the affairs fin ding that no express grant of fisheries 
 was made by the main grant, was anxious to estab- 
 lish that the supplementary deed could not supply 
 such omission. It was then suggested that the right 
 
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 — 14 — 
 
 " to the fishery resided intheCrown and that it could 
 » not be sold, but the opinion of the Attorney General 
 «♦ was adverse to such a view. It was as follows :— 
 
 On, the Commissioner of Crown Lands' letter respecting 
 the right of fishery in the Seigniory of La Bou- 
 teillerie. 
 
 Quebec, 13th Feb. 1864. 
 
 '• On the 29th October, 1672, the Sieur de la 
 " Bouteillerie was granted a litre de fief, two leagues 
 " of land in front by one and a half in depth, to be 
 •• taken on the Paver St. Lawrence, to wit : one league 
 ♦« above and oife league below the River Ouelle, in- 
 " eluding the same. 
 
 «' On the 20th October. 1750, Another grant was 
 " made to Mde. DeRamezay, widow of Sieur Boishe- 
 «' bert of two leagues in front by two leagues m 
 " depth ; to be taken at the depth of the league and 
 " a half of land formerly contained in the Seigniory 
 " of La Bouteillerie, to form together with the former 
 «' concession of 1672, one and the same seigniory. 
 
 « This last grant appears to have been ratified on 
 « the 24th June, 1751, and in the deed of ratiiication 
 «' it is said that «' His Majesty has ratified and con- 
 " firmed the said grant, wishes, in consequence, that 
 " the said Widow DeBoishebert, her heirs or assigns, 
 " enioy in perpetuity the said land, to be one and the 
 " same seigniory, a litre ./.^/with the old grant, with 
 «« hio-h middle and lowjustice,n>/t^o//fs/uXir, hunting 
 » and trading with the Indians, in the whole extent 
 " of the said grant ; without being bound, for all that 
 - to pay to His Majesty or successors, any money or 
 <• indemnity, " of which remittance, " v^rith Hie stipu- 
 
— 15 — 
 
 " lation to leave the beach free for al! fishermen, with 
 •• the exception of those necessary to ihe said Dame 
 " De Boishebert for her fishery." 
 
 '' This deed of ratification has given to the Seig- 
 " niors of la Bouteillerie the right of fishing, not only 
 " in the augmentation of the seigniory, but also on the 
 " whole extent of the first grant, comprising thereinto 
 " this part of the River St. Lawrence where it is 
 " bounded. 
 
 " This right is not restricted by the charge or 
 reserve " to leave the beach free to every fisherman " 
 this reserve not applying to the fisheries, but only 
 to those parts of the beach not being occupied by 
 the fisheries of the proprietors of the Seigniory ; up 
 to the time of the abolition of the Seigniorial Tenure, 
 this right of fishery could be conceded, and the 
 grantees have a right to enjoy it conformably to the 
 grants made, and in the parts of the Seigniory where 
 it shall not have been granted, it belongs, since the 
 abolition of the Seigniorial Tenure, to the riparian 
 owners. 
 
 " I am, therefore, of opinion that the Crown has 
 " no right of fishery in this Seigniory, and that no op- 
 •' position can be made to the sale of the propriety 
 " known under the name of Great porpoise Fishery 
 " of River Quelle Point, and of the fishery rights 
 " attached to it, seized on Messrs. Casgrain and Tetu, 
 " at the suit of the Trinity House of Quebec. 
 
 " (Signed) A. A. Dorion, 
 
 " Attorney-Greneral, L. C. 
 

 — 16 — 
 
 " That opinion has further confirmed me in the 
 
 « view taken of the matter, and I was glad to find 
 
 " myself so supported, not professing to be intimately 
 
 " conversant with Lower Canada law. The subject 
 
 " also came in a special manner before the Seigniorial 
 
 " Tenure Commissioners, and there my hon° friend 
 
 " (Hon. Mr. De Beaujeu) presented a claim for indem* 
 
 " nification for the loss of his fishing rights, when the 
 
 " Commissioners decided he had not lost them, but 
 
 " that they continued to vest in him as fully and per- 
 
 " fectly as ever, and that consequently he had no 
 
 " claim to compensation. Such being the case with 
 
 " that hon. member's rights, it of course followed that 
 
 " It was likewise the case with all other persons si- 
 
 " milarly situated— at least with all seigniors who had 
 
 " not been compensated for the surrender of rio-hts of 
 
 " this kind." ° 
 
 The present claimants affirm that they have not 
 received any indemnity whatever for their right of 
 fishing in the Seigniories of Rimouski and Metis. 
 
 The Hon. Mr. Campbell added p. 6. " In Upper 
 " Canada the right of fishing was altogether in the 
 " hands of the Crown or held by the Crown for the 
 " public or for the Indians, and Parliament was 
 « therefore at liberty to make such laws on the sub- 
 " ject as might be considered desirable." 
 
 It is perhaps the same rule in New Brunswick 
 and Nova Scotia, but the undersigned has not any 
 opinion to offer in this matter ; the object of this me- 
 morial is to show that at least the rule is different in 
 the Province of Quebec, and that the rights of fishino- 
 vested in the Seigniors by their titles have been fully 
 recognized and exist still at the present day. 
 
. — 17 — 
 
 Iji the course of these deb.ites in which mem- 
 bers of the Legislative Council very well conversant 
 with the laws of the Province of Quebec took part, 
 not one of them has expressed an opinion adverse 
 to the rights of the Seigniors. 
 
 The Hon. M. Leteilier do Sr. Just, now Lieute- 
 nant- Grovernor of the Province of Quebec, said among 
 other things " page 14 of the same pamphlet : 
 
 *' There were certain rights in regard to fishinjr, 
 " which had existed from time immemorial, and he 
 " held it would neither be just nor right to deprive the 
 " present claimants of those rights without compen- 
 " sating them for their loss. Changes in this respect 
 *' could not be tff jcLed without proper indemnity to 
 " the parlies." 
 
 in. 
 
 Titles from the King of France to the claimanis, grant- 
 ing- to them the right of Fishing in the rivers of 
 Rimouski and Metis. 
 
 It is proper now to consider the nature and extent 
 oftherights of the claimants. Their right of property 
 as Seigniors or owners of the Seigniories of Rimouski 
 and Metis is not disputed ; they have succeeded to 
 the original grantees, and have been in possession from 
 time immemorial. They have been acknowledged 
 by the Government when the cadastres of these Seig- 
 niories have been publicly deposited and approved. 
 They have therefore clearly the right to claim the same 
 privileges which have been granted by the kings of 
 France to the original Seigniors. The original grants 
 are in their possession, bearing the ratification of the 
 
 I 
 
~vr 
 
 t__ 
 
 — 18 - . 
 
 Great King, Louis XIV, under his own sip^nature and 
 royal seal. When in 1854 the question of the feudal 
 tenure was agitated, these titles were all i)rinted in 
 french and form now 2 volumes. In tho vol. I. page 20 
 and 21 if? found the title of the Seigniory of Uimouski, 
 dated the 24th april 1638 ; here follows an abstract of 
 that part relating to the present case." 
 
 " Jacques R. de Brisay, Marquis do iJenonville 
 Gouverneur du Canada, etc., et Jean Bochart, Inten- 
 dant, etc. 
 
 " Nous avons en vertu du pouvoir a uous donne 
 par Sa Majeste, donne, accorde et concede au Sieur 
 de la Cardonniere I'etendue de deux lieuos de terre, 
 I es et bois de front sur le dit fleuve St. Laurant a 
 prendre de la concession du Bic en descendant le 
 fleuve etdedeux lieues de profoiideur dans les terres, 
 ensemble la Riviere dite Ilimouskiet autres rivieres et 
 ruisseaux si aucun se trouve dans la dite etendiie avec 
 Pile de St. Barnabe et les battures isles et islets qui pour- 
 ront se rencontrer entre les diles terres et la dite He, pour 
 en jouir par le dit Sieur de la Cardonniere en toute 
 propriete, seigneur ie, lief et justice haute, moyenne et 
 basse, et droit de chasse et de peche, au-devant et au 
 
 dedans des dits Hevx " 
 
 This extract translated in english reads as follows : 
 " Jacques 11. de Brisay, marquis de Denonville, Gov- 
 ernor of Canada etc. and Jean Bochart, Intendant 
 
 *' We in Yirtue of the powers given to us by His 
 " Majesty, have given, granted and assigned to Sieur de 
 " la Cardonniere the extent of two leagues (6 miles) of 
 " land meadow and forest, having frontage on the River 
 '< St. Lawrence to begin from the concession of Biq 
 
 (( 
 
 <( 
 (( 
 ii 
 
 (( 
 (« 
 it 
 (( 
 (( 
 <( 
 
 u 
 
— 19 
 
 ' 
 
 " going down the River and two leagues (6 mileB) in 
 •• depth, with the river called Rimousici and other rivers 
 *• and rivulels, if any others are found within this extent, 
 I' with tho Island of St. Barnabe, and the /reaches, islands 
 '• and islets which may he found between the said lands and 
 " the said Island, to the end that the said Mr. de la Car- 
 •' donniere may enjoy the same in full ownership, as a 
 '' seigniory, fief and right of high and low justice xoith 
 " thervrht of hunting and fishing opposite and within the 
 " said places. 
 
 The Island of St. Barnabe is situate in the river 
 St. Lawrence at a distance of 2 or 3 miles, just oppo- 
 site the said seigniory and river Rimouski and is still 
 the private property of one of the claimants as a part 
 of his Domain. 
 
 The title or grant of the seignory of Metis is not 
 less explicit. 
 
 " ExtracI from page 150, vol. 1. (translation.)" Jac- 
 " ques Rene de Brisay, Marquis de Denonville. G-over- 
 "nor of Canada, and Jean Bochart Intendant &c. To 
 " all whom these may concern : On the petition of 
 " Fran9ois Pachot praying that we should be pleased 
 •' to grant to him in full ownership 'the Metis river in 
 " Its frontage to the ri^rer St. Lawrence, as far as a lea- 
 " gue (3 miles) in depth, and one league in front on the 
 " river St. Lawrence, one half below and one half 
 "above the said river, in order to establish here fisheries 
 •' for cod, whale, seal and other fixtures and hold the 
 '' whole as a fief and seigniory. We in virtue of the 
 " power given to us by His Majesty have granted and 
 •' conceded to the said Mr. Pachot in perpetuity the 
 " said river Metis with its front (devanture) on the river 
 " St. Lawrence running a league in depth, and one lea- 
 
— 20 — 
 
 " gue in fronton the aairl river St. Lawrence, one half 
 •' above and one half below the said river (Metis) for 
 "the purpose of establishing these (ishories of ccd, 
 " vvrhale and seal and other establishments, in perpe- 
 
 " tuity to the said Pachot" 
 
 This Grant bears date at Quebec the 7 January 1G89. 
 
 It does not appear necessary to add any lonv; 
 commentaries upon the effect of these titles. By 
 this last one the property of the river Metis itself is 
 conveyed to the grantee. 
 
 These title;, cover the area of the fishihjT grounds, 
 where the G-overnment has granted leases for the fish- 
 ing of salmon to other parties and received from them 
 a certain amount of rent. 
 
 1^. The fishing ground in the river Riraouski, is 
 in a part of this River, where it is not navigable, ex- 
 tending from the foot of the dam erected in 1828 for 
 a saw mill belonging to the Claimants, running about 
 a distance of 1000 feet along the south shore of the 
 river, and near lo small islands belonging also to 
 the claimants ; and where the claimants are not only 
 seigniors, but are also riparian proprietors. Even if 
 they were noc riparian proprietors, they have their 
 specific title to the river and have never granted any 
 part of it to their Tenants, Censitai. as, or to any one 
 else. 
 
 2° Tn <Iie T'irer "^^Tetis the estuary of the Hshing 
 ground is also in a place where this river is not navi. 
 gable extending from the foot of the dam < '' their grist 
 and saw mill to a distance of some 2000 jet where 
 again the claimants are not only seigniors, but are 
 also riparian proprietors. 
 
— 21 — 
 
 tt is well to observe that by the change of ienme 
 operatod in 1854, (Consolidated Statutes of Lower 
 Canada, Chapter 41) the claimants did not receive 
 any indemnity for their right of fishing, because they 
 are presumed to have retained the enjoyment of this 
 vested right of property. 
 
 Applying the rules laid down in the judgment 
 of the Seignioilal Court, the claimaiif^ have a double 
 right in the portion of these rivers, that is not navigable 
 1st simply as seigniors (answer No 28.) 2nd hi virtue 
 of their specific title. In the part of this river 
 within their seigniory, that is navigable, they pre- 
 serve their right in virtue of their specific title 
 answers No. 26 and 27 of the Seigniorial Court) sub' 
 jecc only to the right of navigation existing under the 
 l)ublic law. 
 
 IV. 
 
 Vnde7 what circumstances the Government of Canada 
 granted the jtresent leases. Rights of the claimants 
 acknowledged. 
 
 It was only about the year 1855 that statutes for 
 the protection of salmon and other fishes were enact- 
 ed. There was a strong opposition then to this . ind 
 of protection, which was considered obnoxious to 
 many who were in the habit of fishing at all times 
 and in all places. The superintending of the execu- 
 tion of the fishery laws and regulations Was left to 
 the Department of Crown Lands, there being then 
 no Ministry of Marine and Fisheries. It was then 
 as it is now still the desire of the claimants, in 
 view of the public good, to see these laws carried 
 
— 22 — 
 
 into effect In order to attnin partly that object 
 m the localities of the South Shore of the St Law 
 rence and show a good example, the then Com- 
 missioner of Crown Lands and one of the clai- 
 mants, representing also the other claimants, entered 
 !u Vo:*'"'"^'''^'^ arrangement suggested by one of 
 the Officers of that Department. It was to the effect 
 that licences would be issued by the aovernment for 
 the right of fishing salmon in these seigniories to 
 some parties agreed between the Commissionner of 
 Crown Lands and the claimants, under the condition 
 that one third of the amount of rental for licenses 
 and leases shouli he retained by the aovernment 
 and the others two thirds should be remitted to the 
 claimants. 
 
 This arrangement appears to have existed and 
 worked harmoniously during a good number of years 
 as It must appear by correspondence which took 
 place. Among other letters, the claimants refer to 
 oiie dated the 19th december 1863, addressed to the 
 Hon. the Commissionner of Crown Lands. 
 
 Sir, 
 
 "With the mutual concurrence of the Hon P 
 Vankoughnet (then Commissionner of C. L.) and the 
 Hon. Mr. Tessier, agent for the Seigniories of Rimous- 
 ki and Metis, (loherem is vested the droit de p^che) 
 (meaning the right of fishing) i leased certain fishe- 
 ries, with the joint understanding that the Seio-niors 
 were to receive 2/3. of the amount of rental, the 
 G-overnment to retain the other 1/3 to defray' any 
 little expense that might be incurred. The inclosed 
 IS a letter that I have received in relation thereto. 
 
— 23 — 
 
 WiJI you please to g-ive instructions that the 
 amount be paid. 
 
 I have the honor to be, 
 Your obdt. servant, 
 RICH. NETTLE, 
 Superintendent of Fisheries. 
 
 According to this arrangement the share of the 
 claimants was paid and remitted to them by the Gov- 
 ernment. 
 
 Subsequently M. Whitcher acting for the Com- 
 missioner expressed his willingness to continue this 
 arrangement, but wished to reduce the proportion to 
 be remitted. His letter is as follows • 
 
 Quehoc 1st. June 1864. 
 
 Sir, 
 
 With reference to the issue for the current season 
 of fishery licence for salmon fishing statious at those 
 parts of the Seigniories of Rimouski and Metis where 
 the right of fishery is still vested in the Seigniorial pro- 
 prietors, this Department is willing to allow the cus- 
 tomary percentage of 25 per cent olf the rents derived. 
 If you assent to this arrangement and will be so good 
 as to signify the same, licence can at one issue and 
 
f 
 
 I 
 
 — 24 — 
 
 at the close of the season tbe sums payable from the 
 collections will be paid through this office to Mes- 
 dames Drapeau and Casault. 
 
 I have the honor to be 
 Sir, 
 Your obedient servant, 
 
 W. WHITCHER, 
 for C. C. L. 
 
 
 TO HON. U. J. TESSTER, 
 
 Quebec. 
 
 The answer to this letter may be found m the 
 Department. As it may well be supposed, the clai- 
 mants wished to adhere to the proportion of rental 
 fixed by Mr. Nettle and approved by the then Com- 
 missionner. 
 
 At all events under this arrangement divers sums 
 of money supposed to represent their share, were re- 
 mitted to them each year, until the year 1872, when 
 Mr Whitcher addressed to one of the claimants the 
 following letter : 
 
 Sir. 
 
 Ottawa 10th. May 1872, 
 
 The suras collected as licence fees on salmon 
 fishing stations at those parts of the Seigniories of 
 Rimomki and Metis, ivhere the right of fishing is still 
 vested in the Seigniorial proprietors during the years 
 
 V V 
 
i 
 
 V ^ 
 
 — 25 — 
 
 1870 and 1871 amount to $124 as per Statement over 
 leaf. Agreably to your letter of 6th June 1864, in 
 which you accept on behalf of Madame Drapeau and 
 Casault the arrangement suggested by this office, to 
 allow the customary percentage of 25^ of the rents 
 collected, I have the honor to enclose here with a 
 cheque in your name for the sum of $31, being the 
 proportion named to be paid over to the Seigniors. 
 The accompanying receipt please sign in duplicate and 
 return to this office 
 
 I have the honor te be. 
 
 Your obdt. Servant, 
 
 W. WHITCHER 
 
 for the Hon. Minister of Marine and Fisheries. 
 
 TO HON. U. J. TESSIER, 
 
 Senator, Ottawa 
 
 These letters prove very clearly the acknowl- 
 edgment by the Government of Canada, before and 
 since Confederation, of the vested rights of the clai- 
 mants. However since 1872 no proportional share of 
 the rental of the lishing leases in the river Rimouski 
 and Metis has been remitted to the claimants, although 
 a lease has been granted for the river Kimouski 
 to L. Sylvain Esq., for 1872 and 1873, and to 
 Gt'orge Stephen Esquire, from 1st January 1874 to 
 31 December 1878, and a licence to A. M. Delisle Esq 
 for the river Metis during the previous years from 
 1872 to the present time at a rental for each river of 
 twenty dollars per year, and that these gentlemen 
 have no dotibt paid the amount to the Government. 
 
^^gJ^^^IJ 
 
 I 
 
 — 26 — 
 
 It must be well understood that the claimants 
 do not in any manner make or intend to make any 
 complaint against Mr. Stephen and Mr. Delisle, who 
 are only enjoying the privileges conferred to them 
 by these licences, and for whom the claimants enter- 
 tain the most friendly feeling. 
 
 Our complaint is against the apparent determi- 
 nation of the Government to ignore the rights of the 
 claimants in these rivers Riraouski and Metis, at least 
 smce 1872, to repudiate previous arrangements, and 
 to dispose of vested rights belonging to the claimants 
 without their assent. 
 
 * 
 
 Although these rights are not of a great pecu- 
 niary value, they are a part of their real estate, acces- 
 series of their private domains, and they are bound 
 to defend them by all legitimate means. 
 
 They are under the impression that their claims 
 have not been sufficiently explained or understood • 
 otherwise the principlesof equal justice to all subjects 
 and the protection due to private rights under our 
 Constitution would have already convinced the 
 ministers of the Crown ot the equity and legality of * 
 this claim. 
 
 The claimanta have not lost the hope that relief 
 will be afforded to them and that their just claim in 
 this matter will be acknowledged by the Govern- 
 ment. If the Government is advised to adopt a dif- 
 ferent conclusion, the claimants humbly ask that their 
 claims should be referred upon a settled statement 
 of facts to be decided by a judiciary tribunal in the 
 
 i 1 
 
 J, 
 
 '».w»ei.*iEtM.(iUM.r-°^ 
 
ts 
 
 y 
 
 lO 
 
 n 
 r- 
 
 - 27 — 
 cZr °' ^^^^^- - ^y 'i^e Supreme Court of 
 
 JULES TESSIER, 
 
 Onoho -, . r ^''^'''^^^' ^'"^^ Claimants, 
 
 ^^ijuebec, 1st June 1877. 
 
 N. B. This statement has been written in P 
 ghsh as suggested by Mr. Whitcher • Z 1 "' 
 
 as an apology of the writJr for ' ' '""^ ^^^^^'^ 
 
 guage. 
 
 ay serve 
 any maccuracy of lanr