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Les diagrammes suivants illustrent la m6thode. srrata to pelure, in d n 32X > 1 ■ 2 3 1 2 3 ; 4 6 % k CORRESPONDENCE BETWEEN THE FRENCH GOVERNMENT AND THE GOVERNORS AND INTENDANTS OF CANADA, RELATIVE TO THE SEIGNIORIAL TENURE, REQUIRED BY AN ADDRESS OF THE LEGISLATIVE ASSEMBLY, 1851 QUEBI^C: PRINTED BY E. R. FRECHETTE, 13, MOUNTAIN SUKET, LOWER-TOWN. 1853. m LEGISLATIVE ASSEMBLY, Fhiday, 29th August, 1851. Resolved, That an humble Address bo presented to His Excellency the Governor General, praying he will be pleased to direct that copies oF all Octrois, Deeds of Concession or Grants made, and to be found in the Archives or Public Records of the Province, of the various Fiefs and Seigniories in " JSouvcl Ic-Ii' raucc,'''' or Ciinadp, from the earliest settlements thereof to the cession of the same in 17G3, by the Crown of Franco to Great Britain, and also of tho'^e made since that period, bo triuisUited into Enf a colony, which only mtiintains itself ai.il incrciisf- by tlir labor of its itiha- bitants, who shonld not be lifl'ordcd oj)poi1'niItit's of neglecfir.g tlieir work. As there is hardly anvthiiit; in their transactions with each other which has been re<'u!arlv done, the notaries, baililf;, and even judges, Imviny been almost all of them ignorant per- sons, and the settlers e.jicciiilly, who have foi'ined this colony, liiiving inipriA'ed their lands tvitJinu.t any axailahlc scimitij frma tlihs" l.tf iclimii tli'if ircrr ixnmtcd, thoTHt is no propeity the possessor of which might not be tnnibletl, no ])arlition that might not be unsettled, no widow who might not be attacked as li;i\ing ]iossessed in common with her husband, no guardians ayain-'t whom a law-suit mi'^ht not be broudit for the accounts which thev have rendere '. ol' their truardiiinsliip. It is not that all may not often have been d(uie in good faith, but ignoramc! and the want of rules observed in all such matters have produced t'lese disorders, which would lend to greater Mill if those who might avail themselves if this sjii'it were allowed, either of themselves or by the advice of others, to bring law-suits iu conseipusiii'e : tberi; would be more law- suits in this country than there are persons. And as the jtelges are (tbliued to adjudi- cate according to rules of which they bi'gin to have some knowledge, by applying them to cases in which ignorance has cau.scd none to be observed, they would be led ^ N to commit n thousnnJ acts of injustico, m I Bhould have coiiaidorod luysflf doing, My liOiil, it' I hud entirely Hubjocted myscU' to Huch ruiea in muny liiw-suit-j that havo foiiiu buforo mo. Fur nil thoso reasons, Mylord, I think you could not ilo more j»ood to fhn inhribi- tnnt^4 of thi:t country ihiin ity obt.iiiiiiiuj 11 • 'li'm, /Voni His Miijosty, a ilvcldrdtion whirk lonii/il &rrurr flir niviirrshij) of the /,i/t//s, irilli, nil tin ii (i/i/)iirfrn(t/iirs, and according to tho liuof* wliicli liavr b«'nu dnuvu, to tiiosc irlio luivc hern Jive yntrs in possessimi thcreiif, cithor by workiiiir on thorn, or in virtu(! of any titlo whatsoever; which would also vali grants were made. They have even introduced, innenrly all the contracts, a retrait roturier of nhieh no mention is made in the Cu^Hom of Paris, although it ia the custom observed in this 8 countrVi by stipulating that the seignior, at each sale, might withdraw the landij which ho gives en roture, at the same price at which they would be sold ; and they have tlius abused the right of conditional redemption (reirait. comVilionnel ) "Spoken of in that Custom, which is sometime;^ stipuhitod in deeds of snlo wherein the vcnd(>r reserves to hiin^.elf the power of redemptif)n (funilte dcn'mn-f), but which is not establi.^hed as from the seignior to the tenant. Tiiis preference, My Lord, shackles imnroptvly all sales. There are grants in \vhich the cnpons paid to the seigniors are paid eitJier in hind or in cash, at the c/ioirc of the sriguinr. These capons are valued at /hirfi/ .sous {iiitccn pence), and the capons are not worth more than tfn was. The seignitand it, My Lord, it is neces- sary for me to have the honor to observe that the Normans being the first who camo to this country, they at first established in it the Custom ofle Vvxin. As that Custom did not suit them with regard to their holding of His Majesty, they asked afterwards to be placed under the Custom of Paris, in that respect, preserving the ('ustnui of le Vexin against their rassals and tenants, because it is more fivorable to themselves ; it seems to me that this would be another matter to be reformed byobl'.Ing them to follow the Custom of Paris in what concerns themselves, as they do in what concerns His Majesty. I should therefore think, My Lord, under your pleasure, that, to p/are things in some tort of uniformity and render the inhabitants that justitc which the seigniors have not rendered them hitherto, and to prevent the latter from committiYig the vexations to which the former will undoubtedly hereafter be exposed, it would be necessary that His Ma- jesty should give a declaration reforming, and encn legulativg for the Juture, all the righL? and dues which the seigniors have given and will in future give to themselves, and that His Majesty Hliould ordain that they .should only take, for each arpent of the contents of the grants, one sou of rente and aeapon for each arpent in front, or 20 nous at the choice of the grajitvr ; tliiit the preference which the sciirnior stipiihifes for himself in case of sale of the lands held en rotiire should he suppressed ; tliat the (.'xclusive right of halving .should also 1)0 Kin>pr{'s.scd; that in the phicos where fish is taken, the right of the seignior should he reduced to one tenth purely and siini)ly, without any other con- ditions ; that the exclusive right of grinding (hanalite) sIkjuIiI he pre^inved to the 8eigni(us on condition •)f their huihling a mill on their seigniory within one year, failing in which, tl^eir right would he fijrfeited and the iiihahitants would not be ohliged, when one was built, to have th(!ir corn ground there : otluirwise. My Lord, thi>y will never be induced to erect mills, from the privation of which the inhabitant-; .suiter greatly, being unable, ilu- want of means, to avail themselve.s of the favor which His Mfijesty has granted them, by per mitt in i^ themto erect mills in case flic seigniors should not do so within a year. This was gi-anted to them, in the year 1G8G, by a decree (arret) which wa.s re- gistered in the coimcil of this country; but the deci-ee of registration not having been sent to the subordinate jurisdictions to be jjublished, the inhabitants have not hitherto profited by this favor, and it is only .since my arrival here that the decree has been published : it having come to my knov.ledge in the course of a law-suit recently deter- mined, in which this decree was produced, and one of the parties was iniablo to take advantage of it because it remained unpublished. The fault can only be attributed to the Sieur d'Auteuil, whose duty, as attorney general to this council, it is to transmit such decrees to the subordinate courts; hut it was his interest as a seignior, and also that of some councillors who are likewise seigniors, not to mahe hnoicn this decree. It is thus. My Lord, that the King is obeyed in this country, where I can nrvsure you that the interests of the King and the pablic, if they were not continually looked after, would bo sacrificed to those of private individuals. Letter from Mr. de Pontchartrain to Mr. Raudot senior. 13th June, 170S. I have received the letter which you wrote me on the 10th of November la.st, concern- ing the state of the administration of justice in Canada. I have been much jiainod to see the irrcguhirity with which all has been done hitherto, ai.d tlie ditficulties in which the inhabitants would find themselves involved if tlie deeds and ccnitracts that have been passed were impugned fi)r the infi)rmalitie» contained in them. I will examine the ])rf)posal you make to confirm hy a general decree all those who hare possessed (md cultirafed lands for the last f re years in rirtue of any title whatever. JJut a.s nothing can be done on this sidiject till next year, examine 10 again into the matter, and tend me a memorandum of all that yoa will Oiink should bcr inserted in the decree. It would be Tery desirable to redncc the seigniorial dues throvghoiit the whole extent of Canada to the same level. See what could bo done towards this end and report it to me, observing that once the Custom of Paiis ado})ted as a nilr, the retrait roturier cannot be admitted, I would also advise to admit neither the retru'd lignager, nor even the retrait fcodal, unless it was stipulated by the concession ofthejief. As to the dues paid to the seignioi-s, the valuation complained of ought only to take place when cash is wanting, unless the deed of concession »ay at the choice of /he seig. nior ; but I would he for aholis/iing these dues, berausc they afford an opportunity of vexation. I will see what can be done in this resqiect, and will inform you of it. Witb respect to the privilege of baking (foitrs banavx), all that is to be done is to follow and enforce tliu decree rendered in the year 1686, by which that matter has beeu settled. I incline very much to your opinion with regard to the different dej^ees of juris- diction at which the inhabitants of Canada are obligiil to plead; but as it does not appear to me possible to suppress the pro'vostships, on itccount (»f the complaints v. iiich their suppression would produce, I would advise that these provostships should adju- dicate in demur resort to a certain amount, above which the appeal from the seig- niorial jurisdictions would lie directly before the superior council. Send me a memo- randum of what could be done on this subject, with your opinion. Letter from Mr. dc Pontcharirain to Mr. Deshaguais, at Fontainehleau. lOth July, 1708. Mr. de la Touche, on leaving Versailles, handed me, Sir, a letter from Mr, Raudot concerning the admini.-.tration ofjustice with which he is intrusted in Caj.uda, together with a memorandum of the observations made by you on each aiticle. I have sent an answer to Mr. Raiulot in confoimity with these observations, and have told him that 1 icould propose to the King to issue a declaration fxiug the rights . Here the iuhal)itants of the seigniories, which are at least two leagues in extent along the river St. Lawri'nce, are all settled along the said rivi-r, so that the banal oven being in the seignior's house, which is always in the centre of the seigniory, some inhabitants would have to cany their bread at a distance of a league or even two or three fr'im home. Besides the inconvenience to which this would sub- ject them at all seasons, there is even an im])ossibility in winter, as their dough would be fro^e-: before they reached the ])lace wheie the oven was situated. It is a right. My Lord, which nust be suppresst>d, because the inhabitants cannot derive any benefit from it, and tin; seigniors have established or wish to establisli it only toohlige them to rvdi'em thetnavl res from, it hij ronseuting to jKiif in future fioiiia heavij charge in considera- tion of the scrcitudi' from icliich, therj would he tiherated. It is not so. My Lord, with the banal mills, the banal mill being always to the advantage of the inhabitants, who have not the nu'ans of erecting mills themselves, whereas the banal oven is to their disadvantage, there being not one of them who has not an oven in hia own house and as much Wood as he wairts to heat it. From the abstract mudt for tJis King, of Messieunt liamlut and JWAigrcmont^s letters of tlie 4th and 7th November, 1711. That being well informed of the pretentions of the Sieur de Cabanar, he cannot help saying that they are ill founded, since he will not submit to the general regulation which has been made in the Council at Quebec concerning the honorary rights due to the seigniors. He incloses the decree (cirret) of the Superior Council, of the Sth July, 1700, Jor these honorary rights, (here the words " and for those of the seigniors having high comts of justice " [seigficurs Jiauts-Justiciers], are erased in the document deposited in the archives). Extract from a memorandum on the subject of the colony of Canada and of that which is projected in Isle-Royale (^Cape-Breton.) let March, 1716. In 1675, the King farmed out the domain of all the colonies to Jean Oudiette for the sum of three hundred and fifty thousand livres, and in this lease are stated all the dues which the farmer was to collect, and His Majesty confided to him the task of getting a ten-ier made to regulate the rights of eens and lods et ventes which His Ma- jesty had resolved to establish in the said colonies, to supply evidence in all times to come of his seignioiial and domanial rights, and to insure at the same time to private individuals the indefciu-sible right of property in their estates and inheritances. His Majesty at the same time undertook to jiay the governors and other officers of the land forces and of justice, employed in his service in these colonies. This charge was then but trifling, as there were none in Canada. Mr. de Frontenac had been appointed governor there by the West India Company : His Majesty confirmed the appointment, and contented himself with adding an intendant : it was Mr. Duchesneau who filled this offic(! in the year 1075. This intendant caused to be made, at the expense of the farmer of the domain, the terrier of Canada, and established therein the dues and lods et ventes. The intendants of the West Indies had not the same attention, and this order of the King has not been hithertho executed citiior in Cayenne or in the West India Islands. It is a work which desei-ves tiie attention of the council of marine. 14 Extract of a Memorandum from tla King to Messieurs de Vaudreuil and Began. 15th June, 1716. His Maje.»li!r!ili( :i which th(-y iii:poso upon them of carrying their grain to be ufronnd at the wiad-niillH which t'ley have on their seiji^niorior;, nlthon(;Ii hucIi mills are not banal hy tli • <'u',t:f»in of Paris, and tlie niiiltipjlcity (if mills In a colony ciuniot \.r. otherwise than ndvantncii'eous, I'ortlcidarly ill seii;iiiori(^s of 'n'eat Icnt'th and in which ihero are no v/ater-mills ; Us ^T'ijv\-,ty beiii'j; iilso iiiformi'd that some of the snid :(!i'ruiors grant pertni^^ioii to their inhabi- tants to cnt piue timber on tlic* lands wliich they have not yet granted, on condition of paying them (>ne tenth of the boatds, phuiks and dealti made out of snob timber, \viiich is so liinch the more jnojudiclal to the ;,cttlement of the colony as, in order to preiervo this tenth, they do not grunt these lauds; and it being necessary to provide cgalnst uU th( so abuses ; 'i'lie report having been heard and thoAvhole considered, His Majesty, being present ill his council, on the advice of My Lord lIio Duke of Oi-leans, Ilegeiit, has oruai.ied and does ordain that the saiiid o.'Jrd article of the l*jdict establishing the West India Com- pany, of the month of May 1()(>4, shall be excuaited according io il-; form and teiwr ; which being done, the inhabitants of the said conutry of New-France shall have power to contract only according to and in conformity with the Custom of Paris ; His Ma- jesty ])rohibits the nitroduction of any other Cnstoin in the said cfnmtry, and Avills that all clau.es insei",.rd in deeds and contract -i of conce'-sion or others, contrary to the provisions of the s;'.id Custom, be and remain nnll, as well fir t!io past a; for the future, and in consecpienco His INlajesty has discharged and dors discharge the i,nh;'l*itants of tlu! said country, towaid-i the said seigniors, of all husbaniliy service ^(wrrt,?^, for any cause whatsoever; of tlu^ reservation of the light of conycnitionai re.lomption (n trait iini«'iit wliich lie him t'flrclivuly miulu to tho Sianiiiiiry, haw roscrvt'd to liiin- solflhc^ rcjristry (le grejfe), whoruhy ho lia» appropriated to hiniHcll' all the profits, while relieving himHelf of tlu! expiiiiso ami care of tho Qdiniiii.stration of jtiMtice : ho that the S»!iniruiry has had granted to it and claims to enjoi/, umhr what it calls an onerous title, rights which are purebj royal, not established by the Custom (la Coutum«), but riHTely by the edicts and (h-clanitions of IG7I{ and 1G74, which, IxssideH, have not beou Bent to ' 'anada, where Ilia Majesty does not enjoy any rights ttfcrthange. 1 have not failed, My Lord, to refer to the title-deed, in order to atireitain precisely what tlu? King has been pleased to grant, and on what grounds it has been obtr.ined, 8o as to .see whether the favor lias been secured by a trm; statitemeiit. ] Imve f«)und, My Lord, that the onerous lit li- spoken of dues not consist of the relincjnishnient of the administration of justice. The real burthen which has been imposed u])onthem, and which giviw them occasion to allege that they have obtained the right of eschange under an onerous title, is that they hare bound themselves for the past, but not for the future, not to (u.act any indemnity from all the regular communities, such as the Ladies Hospitallers, the Frcrcs Charon, and the Sisters 0^ the Congregation, for whatever these communities have required j)re- viously to the date of tho declaration made in fiivor of the Seminary, and tho aniortise- meut of which they have oh:, lined from the King. This remission would however, My Lord, amount to considerable sums, considering the quantity of lands and estates which these (;(>mmunities hold in the Island of M<»ntreal and its vicinity. This, then, is the burden which has been imposed upon the Seminary of Saint Sulpitius. It is also what they have fulfilled and what ^? rev them occasion to say that they hare the right of exchange under an onerous title, in addition to which it is further said that it is in consideration of the lands and mills th(!y have abandoned to the King for the fortifica- tions of the city. But in this the King only gi'anted them a bounty and compensation similar to that which His Mnjesty granted, in a similar case, at Paris, when, in 1674, to avoid the conflicts of jurisdiction between the several judges appointed by the seig- niors who had the nglit of .superior jurisriiction (In haute justice) in Paris, the plan was adopted of uniting them with tho Chdtelet in 1G74 — 75 — 76 — 77. The King, Jis an indemnity for so much of their junsdiction as was united with the Chatelet, grants, by way of exchange, t\w si igniorial riglits for the exchanges offiefp, lands and demesnes hoUlen of them (qui sont dc leur mouiancej, to enjoy the name in conformity with the edicts and declarations of the 20th March, 1673, and February, 1G74, etc., without their being obliged to pay, on account of these rights ef exchange, any sum of money to His Majesty, from which ho releases them, as waa also done with respect to several i-eligious communities. It is true that the seigniorial rights for cxi-hanges are not established by the various Customs, and arc in no toisc so by the Custom of Paris, notwithstanding which tho to iHnKd h;ul Ix'oti m'adunlly irifnuliicctl of i-Mutinu; paytni'iil (ifiliu's in rontrnrfH <»t'«.'x- cliuiiK'N wluTo Huinu iiioiu-y was y;ivi'ii as u bulaiici? (suhIIv). IJiil llii^y wore luiully cnvitcd Mild rnn/ftifnl hyr'^'i> Iviiijj; in lG7r! and l()7l, and all colli r.ict.t of cxclmiiy:!', as well dl'fsliit" I'm- r»tiitf5, as (il'rytitcH fu; n-iitt, have Ikm ii rcdiu'cd l»y tlu; udicla uiul dcoiaruiiuuMu His Mnjf.sty tu the coiidilioii nfcualracta ul" i»alo. Thr .'^•«'i':fni()rs Imvc Ikm'm made to piucliasc tluvsc li'^lit^, ami the Kiii'^ has mad(i a, girt (it'tln.>ii to wliitiu lu> j'IfiiM'd. Tliiit is now till' casp, and Ilis Majesty has jrjmntcd them, under piionoronH title, to the .Seminary (ii'S:aiit Snl])iliuH, Had the grant been niado under a gratuitouM title Ctl lihr j^rarlrux I, thai would not uft'ecttlje interests of the rountry, aiid niljfht suit tlntse of the ivini^. , The ri ^lit of e>chana[o is n deinoHnial rinlit ; it was necessaiy to (stahllsli it, in older Ui pr vent frauds The re'dstration in (.anada of tl.e edicts and di'elarations of lG,y and 1071 v.-as niMieec.-,-i:iry for that purpo.-o , it was stillicit-nt iliat the Kintj had iii doin; in in Can;"!a ; and as tiie n<;iit' of the /// fstatiofts aridnn o' lh>' 'o- h)m; h.livccn titv onnrni of fu fs and the purtir^ (urinti ihrni .«??'::)/'„'-?.' ■ ,il.s and dues. — O.dinanrc rrndrrcd hy Mr. lin^on, Jkhc 'il.s/, Iri.l, (ttid tliosr Rvhscmicnihj rcidcrvd by Mr. Dttpiiif, Xirrniilnr \(')lli, \1'M, and .hiniKiri/ VMii, 1728.' On the ar-^ront whidi I g;.^o \.]w Kieir. as w.ll of the provisions of the'!c ordlnai;ce.s, which coiMoidi"' aeli otI> part of i,';o scigni( .s of lii fs and of their truants. His Majosty has thor.gLt necia:.ry to make his declaration hereunto annexed, in intoqiretation t.f tlie 9th article of that of the .Oth July, 1717. lie ordains that without rcj^ard bcina; liml to rlu; ordin.inrcn of tins said Sicm-H Hctron niid Ptipuy, the; crnx^ vvwU, (lur.4 midotliiT (li'!)tH cimtrartcd iMd'orc the roirintiiili(iii oftlir di'claration dftlm said .'>ili day of Inly, 1717, \v)ion money of Franco, or Tom in i^, or I'liri.Hi.i, is nol "»i|)ii! iti (I, .s|i;i|l he jjiiid ill iMonej ( r France, clcdiiclin;^ oiio fmirtli, wliicli is tlii' way uf'rt'ducii.y ilic cmn-iKy ol i'Ih' ouiitry Ui li t of !•' ranee ; iiiid thai wiicn iiMUcy t)f Fraiici', or 'I'oiniioi:; or I'urloig is *ti|iiilatfd, thi shall bo paid in inonry of Frunrt) Avilhoiit iiiiy dfdiKlii.n. Vow will pled h. ro Ijavc the wimc j)u1)Ii«li( and rcgi-tfrcd. and yon will tako caru that it bo utrictly executed. Messrs. (In Bciiuhnrnoh Sj- '^irqunrf. S (if •rials lilts, I, in houl 10th October, 17;j My l.ord, Dniiin? our re idt'iico in ]^fontr( al, coniplaintf* wore mni'o by several individuals that I lie hoii^niois refund to t;i\o tluin jri'ants in their .>*li ohll'^. d by thi; deereu of the Council of »Si; • of the inunth oi July 1711, to niDlvo hueli unints to the iiilnbitants who will lefjuiK them, and in the event uf rel'usal, lli.it MU( li inhabitants may np])Iy to the gove nors and inlendants of tlitj country, wlio \v:v eoinniundod by liis Majesty to j^nmt to tli said inhabitants the kuRls rei|nircd I'y tliem. We have the honor ty report, that upon this subjtjct a v.iricty of alii;-ies have beeu iiitro.l.ieed, as well by the Keij^iiiors > by tlic^ inhabilants, vvliii h are alike 'outrary to the decree of the ('ouncil of Stni • of 1711, and the settlenaeal (»f' the «"oloiiy. Some weigniors luive reserved consideralde domains within llu ii' seigniories, auil undei ilu'))Ul<'Xt that these lands form pj! t of tiieir domain, havt! refiL ed to concede tiie lands therein which have been dt nanded by way of grants, believing tliey w.-n- entitUid to sell and have in fact sold tin- same. We have ;dso obs(!rved, that in partition of seigniories among co-heirs, sne'^ of them as have not tlie right of jurisdiction, s out ;i.s the seigtriois ot the fief, refuse to giant to tli ■ inhabitants the lands which are recpiired of them ■within the portion which has accrued to them, and (h'em the?iTelves to be witliout the operation of the decree which c iiipels seignictrs to concede, .nid on the contraiy believe themselves entitled to sell i ;o lands which they grant. Another abuse has arisen oti the part of the inhabitants, who having the right of obtalniii coneeshions from the seihould be indicated as well as the amounts received by them from the grantees. The wild lands are becoming valuable in this cohjny, inasmuch as the grantees in the front ranges require wood, and are under the necessity of asking for giants of land in the third and fourth ranges, to supply this want. The generality of the inha- bitants are not aware of the provisions of tne decree (tf the Council touc^hing them in relation to this matter. M. Hocquart has caused some of the priiu'i]»al annjiig them to be informed upon the subject, witluait causing publicallon anew of tlie decree. Before doing so, he awaits the orders which we shall receive from you during the ensuing year. We are with profound respect, My Lord, Your very himiblc and very obedient servants, (Signed) BEAUHARNOIS, HOCCiUART. ' 23 rmts lich :olore •iiigs lere- dbe Letter from the Minister to Messieurs de BeauJuirnois and Hocquart. 24th April, 1731. I have received the letter which you wrote me on the 10th October of last year, on the subject of the gi'aiiting of lands in Canada, and I have given an account of it to the King. His Majesty has learned with pain the inexecution of the decrees of the 6th July, 1711, on ^ho subject of these lands, and the abuses that are committed in violation of the said decrees. He would have determined, for the purpose of putting an end to a disorder as prejudicial to the settlement of the colony as to the interests of the inhabitants and of commerce, to issue a decree ordering the execution of those of the 6th July, 1711, and to declare at the same time null and void all grants of land in seigniory or in roticrc which have not been confirmed and have not been improved, -and to forbid your making any grants of land until the terrier is completed and until otherwise ordained ; but he has been pleased to wait until he has received your answer and your opinion thereon. These prohibitions have two objects : the first, to finish the work of this terrier ; the second, to insure the preservation of the forests, in order to prevent the scarcity of wood, of which you state that the grantees of •the front lands already leel the want, and also to form hereafter a domain for His Majesty in the country. Ir vrill be only by examining the terrier that the extent of these forests can be well and usefully ascertained. Mr. Hocquart cannot therefore pay too much attention to thia long protracted work. At Quebec, the 3rd October 1731. My Lord, By the letter which you did us the honor of addressing us, on the 24th April last, touching the abuses which we brought under your notice in relation to the grants oF lands in Canada, we observe that His Majesty has refrained from making any decree, until our answer and our opinion had been recsi- ved, and that you strongly urge upon Mr. Hocquart the necessity of completing the rent-roll, inasmuch as an inspection of that document is the only means of arriving at a definite conclusion upon this subject. L. Com. Concpniing sri- gnioriois jiiul f,-niMts and rciit-rollH, pa- jncrs-lerrivrx. Mr. Hnc(]uart has ever felt how important it was that the rent-roll should be com- pleted in order to ulttiiin thorcfrom all the infc^rmation necessary to regulate the subject. The Reli'^ious • Communities have been principally the cause of the delay. Mr.Hoc- qinrt has lutwcvcr succeoded in obtaining from the Seminary of Montreal a statement or enumeration, avcu et denonibremtfit, of the lands possessed by that body in Canada, 24 nml it is to he hoped that tlio nnlcr of Jesuits, the Seminary of Quehoc and o'lher Religious Coniniuiiitics will nut furtlier del;iy the fulfihiuuil of tlioii- ()l)ligriti»»ns, for nj) to tliis piuiod tlii-.-e bodies liave .seemed to hohl l)aek, none being desiious of lii.-t making tlie necessary di'olaration. We sliall onrselves await tlie conijdetion of the rent-roll, to enable tik to giv(> to the answer and oj)ini()n exj)ec*n.'d from us by liis ]^J■tj(•.^ty the required degn c of eertaiiity and j)re(Msion ; we lia\e nevertheless the lienor of observing for tlie prtisent, that many of the abuses remarked upon in our letter of the tlie Jdih October 17o() appear .susceptible of immediate reform without the nccesoity of a rr.irencc to tlte rent-roll. For this reason wo dei-med it proper forthwith to inform you upon tliti subject, although the rent-roll is still imperfi'Ct. Such, for in.^tinice, are tlu; sales of 1 ;nds made by some seigniors, although these lands arc still unclcuit d, iustead of mejcly conceding them at the rate of t)nc aou of ecus by the arpent and a capon by i;ach arpent in front, which sales some of these same seignioi's attempt to disguise under various pretences and by the different means mentioned in our said letter ; such again is the system of location tickets as i-xplaiued in tlit^ sinne leiter. It is probable however that it is His jMujesty's will to I'eguhite the whole matter l)y one and the same decree, not deeming it proper to make a separate one upon each subject. Nev(>rt]ieless, if it pleased His ]Majosty to order the publication anew of ihi- decree.^ of 1711, to prohibit tlie .-.-.de of uncleared lauds upcni jiain of nullity of the dec ds of sale and the restitution of the j)ricc of auch sale, and to gi'ant to the pi-opiietors of .seigniories still remaining uncultivated a further delay of u year or two to seltle them or cause them to be settled, we are of ojjinion that inde])endently of the rent-roll these orders woidd partially, if not altogether, remedy the abuses coinplained of. With res})ect to the grants made by the seigniors to tlu.'ir tenants, iNIr. Hocquart has, so far, comjilied with the decree of the ICth July 1711, and has, since he io in (Jauuda, pronounced upon the re-union of 200 concessions to the domain of seigniors, by reason of the grantees failing to reside thereon, {faute d'y Icnirfcu ct liru). He has nevertheless taken uj)on himself to give to such grantees a delay of si.v months or a year, before ordering such re-uuion, in order to avoid any romplaiut ..pon tliis subject. This delay lias enabled several to comply with the regulations having nference to the matter, and h.as induced tiiem to settle their land- to avoid the penalties imposed the decree of the Council of State of the month of July 1711. J VV^e arc, etc., (Signed) BKArriAFJXOIS, HocQi'Airr. 29 Extract from the Minister''s Letter to Mr. Iloapiart, ' Of the 6th May, 1734. As I liopo tliat, by your rare, the terrier will be completed next year, I expect from the c()m[)letioii of tliat work alarufo inci'case in the receipts cf the cIuol? u^ cxus et roitca (pliich i/ou tell me liacit been Jiitheito paid oulijhij t.'iosc^c/io foluvtiiniy rainc for- ward. And HO likewise of tht; loda ct venfcs and the droits de quint and rclitf, as the niUtntioiis will then bo known by means of the ordin;incc which you purpose to issue, enjoiuiiig notaries and rep^istrars to furnish quarterly statements, certilied by them, of all deeds concc^uiucf the ovvnershi]) of landed estates. This is what has appeared to me the most urgent in answer tf) your long memorial. I shall have what relates to the other articles decided, and let you know His Majesty's intentions. To Messieurs de Bcauharnois atid Hocquari. Versailles, 6th May, 1734. Gentlemen, M. Fabhe C(>u1urier, superior gi ;ieral of the Seminary of S '.int Sulpitius, has applied for the conlirniatiou of the grunt which you made by order of the King, to that Semi- nary, on the 2Gth !r:e])tember of la:;t year ; but lie at the same time prays that it may please His IMaje^jty to explain sonii; clauses inserted in thit gntnt a., well ;is in that which was made in 1717 to the same Seminary, and to change otL.rs agoeably to the draii2;ht of n patent (lircvct) whi" 'md been insertcil in tlie gi-ant of 1717, but wa.^ omlaed in tlie patent of eonfiini ition of 1718 ; — that tlie clause inserted us well in tbo trrant of 1733 as in that of J717, and which declarer lliat the ecclesiastics of Saint Sulpitius shall hold their lands of His Majesty subject to the usual rights and dues may lo intei-jneted and restricted to simple fealty and homage a*- « ac'.i new reign, releasing the Seminary, when need may be, from all iimortizement dues, sur- vivorships {prestation (Viu nancs vivaais et moumnis), uiul other changes, by reason of these grants ; and finally that there may be added a dischn '/(.• from the obligation to build a stone foit on the land granted in 1717, and an cxtiusion of that land to six leagues in depth. Such are the changes which M. I'abbe Couturier wishes to be made in the j)atent of confinnatiiii ; you will find them more fully explained in the copy which I send you of the draught of a ^^atent which he has presented me, and in the observations which he has acMed thereto. You will examirie the whcle and please to give me your detailed advice on each article, that I may take the King's orders ; but T must infoiTn you that His Majesty is determined to grant the Seminary a dischaige from the obli- gation to build a stone f(nt on the grant of 1717, and is disposed to concede also the other demands, sujiposing they are not prejudicial to the public good nor to Iiia ser- vice ; and it is in conformity with these views that you are to examine them. L(uuls in cefisivc on tlie Detroit (^St raits) of Lake Eric. IGth June, 1734. On the representations which have been made by the inhabitants of Fort Fontchar- train on the Straits of Lake Etic', t(t M-^.'ssieurs de Boishcbert, captain of a company of the detachment of marines, heretofore iu)mmi:udin r at Foit Pontcharlrain aforesaid, and Pean, knight of the 'nilitary order of Saint Louis, major of the rown and govern- ment of Quebec, now commanding at the said Fort, and which have been reported to us, stating tliat !;ith' ito thoy had not dared to undertake iiy clearings and to settle on lands at the said place, bef luse they had i.o title that could secure to them the owner- ship thereof; that if wc were pleased to grant them such titles, they would not only be enabled to work without running the risk of being molested, but that considerable advantage.- .■.•""dd result from their labors, by procuiing at ilie said place an abundance of provisions, which would cause the garrison as well as the settlers and travellers to find -n ca-^y sulisistance ; to which having regard, ; ad seeing His Mijesty's letters- patent dited at Paris in the montli of April, 171'), and registered at the Superior Council on the first December following, and the decree of the King's Conned of State of the 19th May, 17.i .' ; AVe have, in His Majesty' , name, given, granted aiul con'^eded, and do hereby give, grunt and concede, under the title ui ecus rf f^ntcs, froui henceforth and lor ever, unto 27 8 of iho ines and ficatum ; tn, 1)Ut i us well anticrt of ^hts itnd aril new aes, siir- y reason bligalion nd to six le j)atcnt send you ns which mc your 3t iiifoiin the obli- ; also the his ser- 734. ontchar- npany of iforosaid, I govern - ported to settle on c owner- iiot only f^iderable jundance ilers to letters- Superior 1 of State ehy give, ;ver, unto ■ ■■ - Chauvin, an inhabitant of Fort Pontchartrain on the Str.uts aforesaid, lefiding thereat, for him, his heirs and assigns hereafter, a piece of land yiuiatod on the Straits of Lake Erie, coi; raining two ai'pents in fi'ont by forty in depth, bounded on one side toH'ards the easi-north-east by tlie land of one FuH'art do Loniio, which he holds of the Sienr «'o lo Motte Cadillac, by contract of the 10th Murcl), 1707, bounded by a line riiiiniug north-norlh-wost and south-south-ciiit, and on the (ill;cr side towards the wost-south-wcst by the uiigianted land:', in front by the Straits of Lnke Eric, and in '^\ depth by a line running east-north-cast and wc:?t-s(nitli-wc.;t, atljoiiiing also the 'm- granted lands, to be ht.'h], enjoyed and disposed of by the f;aid Chuuvin, his heirs and assigns, under the following charges, clauses and conditions, to wit: That the said Chauvin, his heirs i'nd assigns shall be bound to curry their grain to be ground at the banal mill when on^ shall have been established, on puiii of forfeiture of the grain and of an ai'bltrary fine ; tu keep or cause to bo ke|)t house and home {feu et lieif) tliereon within one year from this date, at the latest ; to open the cloanngs (fUcouvrir ics deserts) of the neighbors as tlioy m:y r.-'ipiij'o it ; to cultivate the s.ud land ; to allow thereon such roads as may be judged necessary f r the public u'c ; to make the division fences {pldtures mitoycmes) as may be agreed upon ; and to pay each year, to the receiver of His Majc;ty's domain in tliis country, or to the clerk of the said receiver residing at the Straits, one ^:>ii of ccn&for each cwpoit hi front, and twcntif sous of rent for every iicrnty arpentsin SHperficies, making for thti said two arpcnts by i^nty in depth /"o«r Ihr^s of rent, and moreover half a ivinol of 7chcai for the said two arpcnts in front : the whole payable yearly on the festival day of St. Martin ; the first yeaily payment becoming due on the 11th November 1735, and so to continue from year to year ; the said ccns bearing profit ofiods ct rentes, defant et aynendo, with all other royal and seigJiiorial righti when the case may occur accoi'ding to the Custom of the provostship and viscounty of Paris, It will however be optional for the said Chauvin to pay tlie said four Hires of rente and the sou of cens in furs at the Detroit price, until a current money is established. Rescrvinjj in the name of the Kins;, on the said habitation. m11 the timber which His Majesty may want, for tlie erection of such buildings and forts as he may deter- mine upi II hereafter, a... well -iS tin; ownership of mines, ores and minerals if any be found within the extent of tl. said grant. And the said Chauvin, his hiirs iw \ assigns shall be bound to cause immediately the said grant to be surveyed, measured and boundcfl in all its length and d(.;j)th at his own expense, and to execute the clauses contained in this title and take out a patent of confirmation of the same within two years, the whole on pain of nullity of these presents. Done and given at Montreal, the 16th June, 1721. (Signed) BEAIJHARNOIS and HOCQ,UART. (Here follows a series of grants in the same terms.) From the abstract of Messieurs tie Beanhwnois and UocquarCs Letter, of the Gth October, 1734. Messieura fie Benuhanuiis uiul Tlocquait send ti statement of the difTi'iciit grants which they have made to various iudividiiuls aiuco 1731, us well in fief as in cciiaive. (The list is here annexed. The grants which have hciui ratified by the King arc pointed out). Most of the grants in fief are situated on hike Chnmplain, wlierc the settlements can only be made little by little. Tlwrc are however already some settlers on those of the Siem'o de Noynn, Daine and Lc'ry. They will induce others to follow their example. Those in ccnsivc nj-e sitixated on ri.e Detroit and are already nearly all settled. The title-deeds which liiivo been issued for them coiUaht, iii'uihj lh' some clcusrs wifk regard In rcsci ci i i.x the grants in f'cf, and the cJ/drges arc als'i lite sii/iic r^^■ th(ii>e to irl/ich iiuln' had seigniois i/suid/?/ sidyrcL ti-rir vassals, vilh the v. rcptinn «f tlic lihcrty vhich is given to the grantees on ihc Detroit topaij ///r cens et rentes in furs to Ihc receiver of the domain, until there be a eurnnt money eslahUslied at that post. They have had regard, in issuing tlu;se grants, to ^lie clii'ms which the Sieur de la Motto Cadillac may have to a part of the huub on the Detroit, having maintained jrivate individuals in possession of the land; which h(> had granted them, wliich they had im])rovKl and to which they had a title. The grants made by them are in favor of other settlers on the Detroit, wlio have commenced clearinjrs or coniinued those which had been abandoned and which had been successively distributed to them by the commanders at, the post without any other title or formality From Messieurs de JJeuuharnois and Iloeqiiart. \ . f ! 1 : October G, 17.'M. My Lord, We have received the letter which y(ju hive done us the honor to address to us on the subject of the gi-ant wiMch we matle by order t.f His Majcjsty, tf) the Seminary of Saint Sulpitius, on the itiiM of Septeiiber, ]7;j;5. We have imw tin- ho: or to answer it in detail, and to give our opiiiion with regard to M. I'abbe Couturier's observations ' gl * l^ \fHl I ». wiiich were joined to your letter 29 1, It is true that in the doed of the 26th of September, 1733, there is an error in the rhumb-lino marked for the seigniory of the Lake of Two Mountains, granted to the Seminary in 1717. It was naturally marked in the copy, as it was in the original, S. \ S. W. and N. \ N. E. It is a clerical eiTor which may be corrected in the patent of contirniution ; but after this correctif)n, far from there being any inconvenience in lixing for the scigiiiory of 1717 a rhumb-lino difleront from tliat of the seigniory of the Sieurs Langloi?;t'rie and Petit, which is S. E. and N. W., there would be a very gi-eat inconvonicnc!^ in fixing it in this manner, as the course of the Two Mountains river, or the Grand River of th(5 (Jttawacs, which is the same, following a rlunnb-line ditterent from that of the river Saint-Lawrence, if the ordinary rhumb-Hue of the seigniories which are along the Saint- Lawrence were follt)wed in the seigniories granted or to be graiitcnl on the fonm-r river, the whole frontage of the seigniuiy of the Lake of Two Mountains would include the frontage v)f the seigniory belonging to Madnme d'Argen- teull, which cousev^ucutly that lady could no longer enjoy. Besides kispropcr that, the dvptli of He'igii'Ktrh'i nhoidd he. ncarhj •perpendicular to the front, an well for the faeilifif of snrreylng as in order to vinltipli/ the grants on the same extent of the river. It was with this view that in the contestatif)iis which had arisen between the Seminary of Saint- Sulpitius ruid Madame d'Argent( uil, the Superior Council, without regard to the 28th article of its own regulittions of the 10th May, 1676, gave a contraiy decision on the 5th October, 17:22, respecting the rhumb-line te be followed foi the grant of 1717 and ibr all tliose situated on the Ottawac river, to wit : for the front from E. \ S. E. to N. \ N. SV., and for the depth from S. \ S. W, to N. \ N. E. It was in conseenence of tlu^ orders wliicli you gave; on tlie 6th May, 1732, that we granted the latter seigniory, as we had had the liouor to piopose to you in our letter of the 21,^t October, 1731. Wo joined to that letter a cony of the decision of the Superior Council and of the figurative plan of the grouml-i, by ^^•hi(•ll it is easy to see that the seigniory of Madame d'Argen- teull would b(; annihilated if the first observation of M. Couturier in his memorial were admitted. You .rdend U3 to niaiiitain Madame d'Argenteuil in possession, by your same letter of the (iiii May. She hiis been informed of it, and she has tenants and a domain on the seigniory. Another circumstance mentioned in this article of the observations of the Seminary is, tliat the rhumb-linesof the seigniories of Madame Langloiserie and of the Lak(! of Two Mountains will cross each other if fixed as they are laid down in the title-deeds. Tlie answer is, tliat these lines may meet, but without inconvenience, and Lhis cannot give occasion to any liiw-suit, whatever survey may be made, as, hy the general iisiige of CaiHidc, when eonligiioits lands are to he survei/ed, the oldest grantee takes his land first, and the ncighhor the remaining lafid. 2. It has been asceitaiued that in the patent ccmfiraiing the grant of 1717 a clause is inserted to the effect that the ecclesiastics shall not only preserve t! o oak timber fit for ship-building wlii( h mtiy be found within the domain, but also that they iihall make a reservation of such timber throughout the private grants made or to be made to their tenants. From this clause itiullows that such timber cannot be cut when found effec- tively fit fi)r ship-building, and it will then be for the officers appointed by the King to jtoint out and mark the tices fit for that purpose ; until then the ecclesiastics of the Seminary cannot be held tmd subjected precisely to that resei'vation, as they are not presumed to know what timber is or is not fit for ship-building, any more than all 30 other propricturs uf seigiitoiie^ whoso titlo-due(l« contain sinxllar clau.sos, and who not- withstaniUni^ cause their lands to be cleared ; and in case His Maj''sty should have the o!ik tr.-es fit for his service marked, the clearings would not be interrupted on that account ; they AVt)uld only be nmdo with more precaution, lui the preservation oi" the oak timlxn- : the reservation, indeed, means notliing else. 3. The penalty of reunion to His Mnjesty's domain in default of actual settlement on the grant within a year and a day, is not to be taken literally. It /.s" knotni that it can onh/ take place after some years ; and the governor and iiiteiidant alone can pro- nounce the reunion, by virtue of the decree (arret) of the Couiu-il of State of the 6th July, 1711, recited and confirmed by a later decree of the King's Council of tlm Iflth May, 1732, and they will never act so rigorously towards the Scininiiry, to Avliich they are instructed to grant all reasonable facilities. Indeed it is proper for the good of the King's service and the settlement of the colony that a further d(>lay should be allowed, accordmg to circumstanci-s, to the gi-antees to improve their grants, the period of one year being generally found insufficient ; but it appears indispc usable, cfiiiHidering the King's intentions, to iet the clause stand, in order to induce more prompt settlements. The ecclesiastics of the Seminary need i.ot bo uneasy on this head. 4. We do not know the reasons which induced His Majesty to fix, in the patent of 1718, the depth of the grants at 40 arpents, and the varnnwit o^thv. eats ct rent rs. It was thought it would be agreeablo to his intentions to insert only, in tiiose of 1733 : " at the usual cens, rentes and duis fur each arpent of land in front hij 40 arpents in depth." The observation on tlie justice ami equity of proportioning the rents and dues to the extent of the property, which may be more valuable in one place than another, merits consideration; and it appears to us that .His Majesty might content himself with merely having inserted in the new patent to be issued : " at the usual ecus, rentes and dues jor each arpent of land." This vague expression will leave the Seminary free to grant more or less m depth, and at more or less com ct rentes in proportion to the extent of the lands, and even to their value. Artd as the usages are different in almost even/ scisninri/, the term " iL'snal '" icill onhj restrain the ecclesiastics from ^rantinr, ordimiirly, less than twenty arpejits in depth, and from ccactinf; hiiiher rentes fhiin that of tia nt,j sous f,t t veri/ ar])enf in superf.cies, and one cajxm or its cqi/iralcnt in irhrat. With ri<:ard to the cens, as it is a very trijli>ig due, which has been presumed to he cstatilished only to mark the dircrt ^ei^niory, and which carrier vjith it lods et venter, the unwind amount in Canada is from six deniers np to one sou for e.irk arpent in front ay the vhole dejnh of the private grants, ichatevcr that depth may he. The statement in the memorial, that the seignioi-s in Cmjula, as everywhere else, have the right to grant, d rens et rentes, ichntrret quant iti' of lund and fuljcct to ichaterer charges tlicy please, is not correct as to the chorines ; the uniform j)rartice f>cins: to grant at the charges above erplained, or wore frequently hel''0€tiscd in other seigniories. This liberty of fishing, to the tenants, is very favorable to the settlement of the lands, which would be less in demand if the new settlers were denied this right, by means of which they procure a livelihood at the commencement of their clearings. The true right nf fishing consists then, for the seigniors of Canada, in choosing and reserving to themselves a reasonable extent for their fishery, atid deriving smne income from the fishing ^j/acfs xvhich they concede to each of their tenants, along the front of their grants. But as His Majesty has not thought proper to insejt that clause concerning the beaches in tho patent of confirmation of 1718, he may continue the same favor to the Seminary in tho new patent applied for, if he think j/roper. It should however be observed that in a country like this, it would be impossible for the proprietors of seigniories to keep and cause to bo observed this light of fishing ; it wculd not fail to produce frequent difficulties and quaiTels between the seigniors and tenants. , *i 6. The clause which declares that if the King should hereafter require any part of the land f(jr the purjiose of erecting forts, batteries, parade grounds, magazines and publics works theveon, His Majesty may take it without being held to any indemnifi- cation, is newel". It is however inserted in the grant of the 5th May, 1716, to the Sieurs Langloiserie and Petit, in another of the same date in favor ofthe Sieur Soulange, and in all tho grants more recently made by the Sieurs dc Beauharnois and Hocquart, subject to His Majesty's ple;'surc. This cannot give rise to any contestations hereafter, if His Majesty's right be expressed in the private giants which may be made by the Seminary, and no vexati'tns are to be apprehended therefrom, as it is not presumed that His Majesly''s ofiiceis would take for such works, without great necessity and vvitli(;atori'.^rs to that effect, the house cf a private individual or a valuable portion of llil 32 liis ])ropc)ny, in which crwo His Miijosty's Justice may bo rcVivd u\u>n flu- the fomiM-ii- Hutinii to 1)0 claimed by thoowiitTs. Indecil, as His Mnjesty jrnmls tin- IuiuIh gratui- tously, 111) may impose uuy eouililions ho j)lca8eH, and uinit tiii.s one in tlie new patj-nt, if he think proper, 7. Tiie lust «-]iiuse, to wit, that the Seminary shall hold the lands in (nie;4ii»n ofHiH Majesty, in fief, .iiihjcrt tothr ii.sual rights tind dutu, arrortlnii; to tin' Cusfinnnf Vis it rentes of the private grants, and, in conformity with your advice on this article, il has only been declared in the patent tlmt these grants shall be made " suhjcct to the usual ecus, rentes and dues fur each arpent of land.'''' The clause concerninu; the fieedom of the beaches has been retrenched. You have ob- served that this clause, according to the construction put upon it in Canada, only niennt that the seigniors should be bound to grant their tenants the right of fishing opposite their land.-', on contlition of their paying a certain rate either in fish or in money, and you add that the liberty (jf fishing, to tho ten:nits, must be favorable to the settlement of tho lands, which would be less in demand if the new tenants Avere denied this right, by means of which they obtain a livelihood at the commencement of their dealings ; but it is for this reason that it has nf)t appeared necessary ti> (express in the patent tho obligation of granting that liberty to tho tenants; it is, indeed, a private agieement between them and the seignior, and, besides, the clause is not in the patent of 171S. The clause inserted in your grant, declaring that tin; King might take, of the land granted, as much as he should require, \vithout any com])ensation, has likewise been 34 retrenched according to your advice. Tlie same clauae had alto boon tuppressed in the patent of 1718. You have obHorvod, on tho seventh article of the memorial, that whiln maintaining the obligation of paying fealty and homago and wondering an account (aveu et dinom- brcntent) at each now reign, the community might Le released from tho obligation of furnishing fumimc vivant et mourant and frr.m all amortizement dues, and thib has been done in the patent. Finally, your advioo on the eighth article, relating to tho release from the obligation of building a fort, which was to bo done on tho grant of 1718, and to the extension of that grant, has likewiao been approved and followed, as you will see more particularly in the patent. ^ ^ ^