IF
the king read carefully, as he says he did, the cruel mass of
correspondence which Frontenac forwarded to him in connection with
the Perrot-Fénelon imbroglio, he could hardly have failed to come to
the conclusion that something was amiss in the state of Canada.
Frontenac had begged, somewhat piteously, that he might be "
sustained," and sustained he was in a manner, as we have just seen ;
but the king and the minister had their own opinion on the subject,
which they only partly expressed in words, the rest they translated
into action. Frontenac, from the date of his arrival in Canada, had
been the only visible source of authority. Laval was in France,
looking after the long delayed bull which was to raise him from the
doubtful rank of a bishop
in partibus to the full legal status of
bishop of Quebec. Talon, too, had left the country a few weeks after
the governor's arrival, and no one had been sent to replace him. The
old warrior had, therefore, had things entirely his own way, and his
own way had not proved to be the way of peace. To place matters on a
better footing, the court decided on two measures: to reorganize the
Sovereign Council, and to revive the office of intendant. The
council, it will be remembered, consisted of four members and an
attorney-general, nominated by the governor and the bishop jointly,
and holding office during their good pleasure. Henceforth it was to
consist of seven members, each holding office by direct commission
from the king. The main object of the change was to enable it to act
with more independence in the performance of its proper functions,
which were essentially of a judicial character. A secondary effect,
probably neither foreseen nor intended, was to augment the influence
of the bishop, at the expense of that of the governor, through the
operation of the natural law which inclines men to side rather with
permanent than with transient forces. Frontenac was jealous from the
first of the increased prestige of the council, and soon became
disagreeably aware of the advantage it afforded to his
ecclesiastical rival.
The council, as reconstituted, consisted of the
four old members, Louis Rouer de Villeray, who received the
designation of first councillor, Le Gardeur de Tilly, Mathieu
Damours, and Nicolas Dupont, with three new ones, Rene Charlier de
Lotbini&re, Jean Baptiste de Peyras, and Charles Denis de Vitre. The
attorney-general, Denis Joseph Ruette d'Auteuil, a man described by
Frontenac a couple of years later as " very ignorant, and having
such imperfect sight that he can neither read nor write," was by
name reappointed to his office, with one Gilles Rageot as clerk. All
these, holding their appointments directly from the king, were
secure from removal by any lesser authority. The utmost the governor
could do would be to suspend one or more of them for grave
misconduct, subject to confirmation of his action by the sovereign.
Another change in the judiciary of the colony was made a couple of
years later. The king had, in the year 1674, abolished a court
called the Prévotd (Provost's Court) of Quebec, which had been
established by the West India Company for the purpose of exercising
a kind of police jurisdiction, and making preliminary inquiries in
certain cases. The royal idea at the time had been that it would be
simpler to intrust the whole administration of justice to one court,
the Sovereign Council. The enlargement and strengthening of the
council, however, and the appearance upon the scene of an intendant
whose views did not always harmonize, to speak very moderately, with
those of the governor, somewhat altered the situation. There was a
balance of powers; but justice itself would sometimes hang in the
balance longer than was desirable. In order, therefore, to get as
many cases as possible disposed of without troubling that important
tribunal, his Majesty, in the month of May 1677, determined to
re-establish the Prévotd, with power to judge, as a court of first
instance, all cases civil and criminal, subject to appeal to the
Sovereign Council. The court was to consist of a lieutenant-general
as judge, a public prosecutor and a clerk. To these was added, by an
edict of the same month, a special officer having the title of
prevot, with judicial functions in
criminal cases only. It probably was not foreseen that the governor
might play off the Prdv6t£ against the Sovereign Council. That,
however, is what happened, and as the lower court had at its service
six "archers" or constables, it was able, when acting in concert
with the governor, to accomplish an occasional
tour de force.
The new intendant, M. Jacques Duchesneau,
arrived at Quebec in the month of September 1675 by the same vessel
which bore back Laval, in all the glory and power of full episcopal
authority, to a flock from which he had been absent three long
years. His letter of instructions mentions the fact that he had
filled a somewhat similar office at Tours in France, and had
acquitted himself therein to the great satisfaction of his Majesty.
Research has been made without success to find out what the office
was; we have only, therefore, to take his Majesty's word for it.
Whatever M. Duchesneau's previous history may have been, he seems to
have come to Canada with the determination to keep a very watchful,
and not too benevolent, eye on the proceedings of his official
superior, the governor. There was the strongest possible contrast
between the characters of the two men. Frontenac was haughty,
headstrong, and aggressive; Duchesneau, cautious, crafty, and
persistent. When two such men come into
conflict, it is not the cool calculator who suffers most, however he
may whine (as Duchesneau did) at the high-handed proceedings of the
other. Under the best of circumstances a governor and an intendant
were not likely to work very harmoniously together. Courcelles and
Talon did not, though both were well-meaning men. M. Lorin hints
that Colbert sent out Duchesneau to act as a spy upon Frontenac.1
The supposition seems to be a needless one. Duchesneau was sent out
as Talon had been before him, to see that the intentions of the
court in the government of the country were duly carried into
effect, and in particular that the considerable sums of money which
the king appropriated to the uses of the colony were rightly
expended. It is possible that, had Frontenac acted with more
judgment and moderation during the first two years of his
administration, the appointment of an intendant would not have been
considered necessary; but, in any case, the court in giving him a
colleague, and thus relieving him of part of his responsibilities,
was simply applying to Canada a system of administration long
established in France, where, as a rule, every province had its
intendant as well as its governor.
Duchesneau's instructions were certainly very
clear as to the attitude he was to maintain towards the governor. He
was enjoined "to be careful to live with Comte de Frontenac in relations
of great deference, not only on account of the honour he had of
representing the king's person, but also on account of his personal
merit, and not to do anything in the whole range of his duties
without his consent and participation." To secure concordant conduct
on the governor's part, he was instructed in a despatch of even date
to allow the intendant to act "with entire liberty in everything
relating to justice, police, and finance, without meddling at all in
these matters, except when they are discussed in the Sovereign
Council." It is significant that in this same letter a hint is
dropped about trading: not only was Frontenac not to trade himself,
or allow trading on his behalf, but he was not to permit any one
belonging to his household to trade. It thus appears that, before
Duchesneau had even arrived in the country, the court had had its
suspicions aroused as to the course the king's personal
representative might be tempted to pursue in this matter. We may be
certain that anything Perrot and Fénelon knew on the subject would
be poured into the minister's ear, nor were they the only ones whose
representations regarding the governor would not be of a friendly
character. Villeray, the senior member of the Sovereign Council and
the Abbd d'Urfe, a relative of Fdnelon's, were in France at the same
time. The former had been denounced by Frontenac in one of his
earliest despatches as a busybody and a close ally of the Jesuit
order; while the latter had been very haughtily treated by him in
connection with the Fénelon matter, and had left Canada in high
indignation by the same vessel which bore Fénelon and Perrot. It
happened that, just about this time, Urfd's cousin, a Mademoiselle
d'Allegre, was being contracted in marriage to Colbert's son and
destined successor in office, the Marquis de Seignelay, so that
altogether the influences which were operating against Frontenac at
this juncture were of a somewhat formidable character. That his
position should have been so little affected speaks well for his
claim to personal consideration. It speaks well also for the spirit
of equity which actuated the king in his relations with his
officers.
A meeting of the reorganized Sovereign Council
was held at Quebec on the 16th September 1675. It is this meeting
which fixes for us as nearly as it can be done the date of the
arrival of the bishop and intendant, for the minutes show that the
former was present, and that part of .the business transacted was
the registration of the commission of the latter. M. de Laval lost
no time in making his influence felt. The Abbé Fdnelon, when
arraigned before the Sovereign Council the year before, had demanded
to be tried by an ecclesiastical tribunal, and reply had been made
that there was no such tribunal in Canada. The bishop's first act
was to supply this lack by establishing a court consisting of his
two grand-vicars, Bernieres and Dudouyt, and a clerk or registrar.
The new court soon found work to do. A man
was cited before it, upon information of the
curd of Montreal, for having failed to
perform his Easter duties. He appealed to the Sovereign Council,
which at first showed a disposition to assume jurisdiction in the
case, but in the end left it in the hands of the ecclesiastics. The
bishop wished it to be understood that Canada was not France. Some
encroachments of the civil on the spiritual power had, he said,
taken place in that country, but "these were things to be guarded
against in a country in which a Church is in course of
establishment." Manifestly Laval understood the word " Church " in a
very absolute sense, and meant to enforce his understanding of it if
possible.
During his absence from the country the clergy
had got into the way, either of their own accord, or at Frontenac's
suggestion, of paying the governor certain honours in church which
the bishop considered—correctly it appears—unsanctioned by precedent
or usage. He ordered that they should be discontinued. A wrangle
with the governor ensued, and the matter had to be referred to the
king, who must sometimes have wondered whether the colonial game was
worth the candles consumed in reading the colonial despatches; for
his Majesty, no less than his minister, had often to prolong the
work far into the night. The patient monarch replied that the
governor had been claiming more than was his due, and more than was
accorded to men of his rank in the provinces
of the kingdom; he must, therefore, make up his little difference
with the bishop of Quebec, by gracefully moderating his pretensions.
Three years later there were still some differences of the same
nature pending, for we find the king sending directions to the
bishop to pay the same honours to the governor of Canada as were
paid to the governor of Picardy in the cathedral of Amiens.
Frontenac, on his part, was not to claim more.
The document which throws most light on
Frontenac's attitude towards the dominant ecclesiastical powers—the
bishop and the Jesuits—and on his estimate of their work and general
policy, is a letter which he wrote to Colbert in 1677, and which
must have been of a confidential nature." Nearly all the disorders
existing in New France," he therein declares, " have their origin in
the ambition of the ecclesiastics, who wish to add to their
spiritual authority an absolute power over temporal matters." Their
aim from the first, he goes on to say, was to amass wealth as a
means of influence ; and in this they have been extraordinarily
successful. They have had subsidies from the king and charitable
donations from individuals in France; they have obtained concessions
of large tracts of the best and most valuable lands in the country;
finally, in spite of the king's prohibitions, they have been driving
an active and most profitable trade. In support of the latter
statement he cites the names of a number of persons who have given
him positive and detailed evidence on the point He estimates the
bishop's revenue from all sources at not less than forty thousand
livres; and refers to the fact that he is erecting vast and superb
buildings at Quebec at a cost of four hundred thousand livres,
although he and his ecclesiastics are already lodged much better
than the governor-general. He complains of the espionage they
exercise through the country and in his own household; and says
there would be no end to the story if he were to attempt to tell all
that they have done to augment their influence through the
confessional and by threats of excommunication. Instances are given
of what the writer claims to have been their undue severity towards
persons who had incurred their censure. If the bishop chose, he
could do what he has always hitherto refused to do: provide the
country with a reasonable number of parish priests having fixed
positions. He has ample means for the purpose if he would employ
them in a less ambitious manner; his main objection to doing so is
that the erection of parishes served by priests not removable at
pleasure would diminish his power and throw patronage into the hands
of the king. So far the governor. It is probable that his
impeachment of his ecclesiastical rivals did not fall on altogether
unsympathetic ears; but Colbert, as a statesman, recognized power
wherever it existed; and his only advice to the civil administrators
was to hold their own as well as they could. In a despatch, written
some years before, he had told Courcelles that he looked forward to
the time when, with an increase of population, things would get into
better shape, and the secular power assume its just preponderance.
Duchesneau himself, shortly after his arrival in
the country, had a passing difficulty with the bishop, arising out
of an idea he entertained, that, as intendant, he ought to rank next
to the governor; and this wretched matter had also to be referred to
the court, which promptly decided in the bishop's favour. From that
time forward there was perfect harmony between the two, so much so
that, on more than one occasion, the intendant drew down upon
himself the censure of the court for what was regarded as his undue
subservience to the bishop's views. One of the first matters
regarding which he and the bishop joined forces was the policy of
the governor in connection with the issue of hunting and trading
licences. The law under which Frontenac had previously taken severe
measures against the
coureurs de bois was still in force; but
the governor had felt himself justified in issuing a limited number
of permits to responsible persons, authorizing them to carry goods
to the Indians and trade in the Indian settlements. These persons
became, in a certain sense,
coureurs de bois; but as they went out by
authority, and could be held to the terms of their licences, and as,
moreover, they could be used for the purpose of obtaining
information as to the movements and disposition of the native
tribes, the governor thought, or professed to think, that he was
acting for the best in relaxing to this extent the strict letter of
the law. The bishop, on the other hand, objected to the system; in
the first place, because the persons licensed carried liquor as part
of their stock-in-trade, and, in the second, because it threw
impediments in the way of the effective ecclesiastical control of
the population. It was agreed that he and the intendant should both
write to the minister, the one dwelling on the evils of the liquor
traffic with the Indians, and the other on the infringement of the
law. Duchesneau, we have seen, had been warned in his instructions
to keep in close touch with the governor in all that he did ; but he
had not been three months in the country before, in a matter of the
first importance, and one affecting the governor's own actions, he
sent home recommendations of which his superior officer knew
nothing.
The answer came back the following year. It was
dated 15th April 1676, but seems only to have reached Quebec in
September. The governor, by royal edict, was forbidden to issue
permits under any pretext whatsoever. The punishment of contumacious
coureurs de bois was placed in the hands
of the intendant exclusively, as it was he alone—such was the reason
given—who had official knowledge of the conditions under which the
fur trade was being farmed out. Quebec, Montreal, and Three Rivers
were at the same time indicated as the only places where the trade
with the Indians might lawfully be carried on.
Frontenac was not at Quebec when this document
arrived; he was at Fort Frontenac (Cataraqui), which was now in the
hands of his friend La Salle under a concession from the king.
Doubtless he was enjoying, not only his temporary freedom from the
worries and vexations of office, but also the congenial society of a
man, who, though much his junior, had, in common with himself, a
large knowledge of the world, a keen and aspiring spirit, and a
strong love of adventure. At Quebec the councillors were somewhat at
a loss what to do in the matter of the despatch. Some were
indisposed to register, in the absence of the governor, an edict
which so directly condemned the policy he was pursuing. Duchesneau,
however, did not approve of delay, and on the 5th of October the
document was registered, and thus became the law of the land. When
Frontenac returned to Quebec and found what had been done —that one
of the first acts of the intendant had been to hand him over to the
censure of the court, and that its censure had practically been
pronounced—he was indignant beyond measure. He saw at a glance that,
if the situation were not in some way retrieved, his authority and
prestige in the colony he had been sent out to govern would be
gravely compromised. The fall vessels were to leave in a week or
two, so he sat down and wrote a despatch to Colbert which gave that
able minister something to think about The bishop, dreading lest the
governor's reasons—he probably knew that Frontenac wielded a
vigorous pen— might lead to a countermanding of the instructions,
thought it well to send an envoy of his own to France in the person
of the Abbé Dudouyt. Frontenac meantime so far complied with the
edict as to publish an order requiring all
coureurs de bois, licensed and
unlicensed, to return at once to the settlements ; though, according
to Duchesneau, he nullified this to a great extent by issuing a
number of hunting permits which were only trading permits in
disguise.
So far as the sale of liquor to the Indians was
in question, it is impossible not to approve, theoretically at
least, the stand taken by the bishop. He would have suppressed it
absolutely, if he had had the power. The thing, however, was
practically impossible. We see the effect probably of Frontenac's
representations
on the subject in
a despatch which the intendant received
dated in the spring of 1677. He is told that he had yielded too
easily to the extreme views of the bishop in regard to this matter.
The bishop had
Spoken of the
fearful effects caused by drink amongst the Indians, who maimed and
murdered one another, and committed all kinds of abominations, when
under its influence. Colbert is not content with such a general
statement; he wants particulars; and instructs Duchesneau to find
out how many such crimes can be proved to have been committed
since he (the intendant) had arrived in Canada.
Here was a very suitable piece of work cut out for M. Jacques
Duchesneau, who was nothing if not a man of facts and figures; but
there is nothing to show that he ever prepared the desired
statement. The minister goes on to say: " The general policy of the
state is necessarily opposed to the views of a bishop who, in order
to prevent the abuse made by a few individuals of a thing good in
itself, is prepared to abolish entirely the trade in an article of
consumption which serves greatly to promote commerce, and to bring
the savages into contact with orthodox Christians like the French.
We should run the risk, if we yielded to his opinion, not only of
losing this commerce, but of forcing the savages to do business with
the English and Dutch, who are heretics; and it would thus become
impossible for us to keep them favourably disposed towards the one
pure and true religion." Colbert, it will be seen, had that
judicious blending of the missionary with the commercial spirit
which has been so efficacious in our own day in promoting great
colonial enterprises. One or two other allusions to the bishop may
be quoted: "It is easy to see that, though the bishop is a very good
man, and most faithful in the performance of his duty, he
nevertheless is aiming at a degree of power which goes far beyond
what is exercised by bishops in any other part of Christendom, and
particularly in France." Then, with reference to his attendance at
meetings of the Sovereign Council: " You ought to try and put him
out of love with going there; but in doing so you must act with the
greatest prudence and secrecy, and take care that no person
whatsoever knows what I am writing to you on this point."
The minister, it is evident, had hard work to
keep his representatives in Canada to their respective spheres of
duty. He opens his despatch to Duchesneau by begging him to mind his
own business, and not in future recommend any military appointments,
as he had done in a late communication. He wrote to Frontenac a few
days later, cautioning him to keep aloof from questions of justice,
police, and finance, observing that men in military command " are
too apt to let flatterers persuade them that they ought to take
cognizance of everything and look after everything." Touching on the
drink question, he said that " if the disorders complained of are
limited in number, and if the Indians are only a little more subject
to getting intoxicated than the Germans for example, or, among the
French, the Bretons," there was no need for drastic prohibitive
measures; the irregularities happening from time to time could be
dealt with by the courts. He was not to take ground openly against
the bishop; but he was to see that the latter did not go beyond his
proper prerogative " in a matter that was purely one of police." The
Abbé Dudouyt had evidently not succeeded in winning over the
minister to the bishop's extreme views. He must, however, have had
more success with the king, for on the 12th May 1678 a royal edict
was issued, dealing in a very uncompromising fashion with the
coureur de bois question as well as with
that of the liquor traffic. As regards the former, the previous
prohibition, which, it was complained, had been rendered nugatory by
the system of special permits, was renewed in all its force. The
liquor traffic was equally condemned : no liquor was to be sold to
the Indians under any circumstances. Colbert thereupon presented a
memoir to his Majesty setting forth his reasons for considering a
prohibition of the liquor traffic inexpedient, these being much the
same as he had embodied in his despatch to Duchesneau of the
preceding year. The result was that the king, without recalling his
edict, ordered that the whole matter should be fully discussed in a
meeting of the principal inhabitants of Canada, including the
administrators and magistrates, and that a report of the proceedings
should be sent to him for his information and further consideration.
Thus was the question referred back to Canada,
and an appeal actually made, after a fashion, to public opinion. The
meeting ordered by the king was held at Quebec on the 26th October.
The persons composing it were chosen by Frontenac and Duchesneau
jointly, and were beyond doubt as influential men as could be found
in the country—nineteen in all, exclusive of those who attended in
an official capacity. The sense of the meeting was overwhelmingly
against the suppression of the traffic, and against the stand taken
by the bishop in making a " reserved case of the selling of liquor
to the Indians, or, in other words, excluding from the sacraments
all who were guilty of that act. Two of the delegates, the seigneurs
of Berthier and Sorel, said that the prohibition which was then
nominally, and to a considerable degree practically, in force worked
injury, not only to trade, but to the Indians themselves. They could
get all the liquor they wanted from the Dutch of Orange (Albany);
and the Dutch rum was not nearly so good as the French brandy. The
last time the Indians came to trade at Cataraqui, they had forty
barrels of Dutch spirits with them, having laid in a supply owing to
their apprehension that they might not be able to obtain any from
the French. But of course they would cease coming to Cataraqui or
trading with the French at all, if they could not get liquor. They
denied that the drinking of brandy prevented the Indians from
becoming Christians. Did not the Christian Indians in the missions
near Montreal drink brandy? Yet they remained docile to their
teachers, and were not often seen drunk—a statement which certainly
might have been challenged. Others urged the argument with which we
are already familiar that, if the Indians had to get their liquor
from the Dutch and English, they would either imbibe heresy at the
same time, or be left in their heathenism. Others again said that
the disorders caused by drink amongst the savages had been greatly
exaggerated, and moreover things of the same nature occurred among
Indians who made no use of spirituous liquors. The " reserved case "
was doing no good; on the contrary it was troubling consciences, and
had possibly already caused the damnation of some inhabitants.
Drunkenness, another delegate remarked, was not confined to the
Indians. In the most civilized countries, where all were Christians,
it was a common vice; yet no one thought of making a "reserved case"
for the liquor sellers. One speaker went so far as to say that the
Indians would never become Christians unless they were allowed the
same liberties as the French, and that the clandestine sale of
liquor promoted immoderate drinking. Robert Cavelier de la Salle was
strongly in favour of the trade being left open. It was for laymen,
he said, to decide what was good or bad in relation to commerce, and
not for ecclesiastics. There had been but little disorder, upon the
whole, amongst the savages as the result of drink. He thought they
were less given to intoxication than the French, and much less than
the English of New York. Two delegates were entirely opposed to the
trade as being hurtful to religion, and the source of moral
disorders. Two others thought it should be restricted to the
settlements, and that no liquor should be sold in the woods.
How far the opinions of those who favoured the
traffic were disinterested may be open to question. Traders are apt
to consider exclusively the immediate interests of trade; and the
love of gain is often sufficient to stifle the instincts of
humanity. The church looked upon the Indians as its wards; but the
majority of the settlers, it is to be feared, thought only of
exploiting, if not of actually plundering, them. It is difficult to
read the little treatise composed about twenty-five years after
these events, under the title of the
History oj Brandy in Canada, without
feeling persuaded that there was more ground for the position taken
by the clergy than the seigneurs and others who assembled at Quebec
were willing to admit. From what the anonymous writer, evidently a
missionary in close touch with the facts, says, it is clear that
brandy was often made an instrument for the robbery of the unhappy
Indian. We are told of one man at Three Rivers who, having made an
Indian drunk, insisted next day that the score for the brandy the
poor savage had taken amounted to thirty moose skins. The author of
the treatise is convinced that the horrible massacre at Lachine, of
which we shall have to speak in a later chapter, was a direct
manifestation of the anger of God at the drink traffic, of which
that place in particular was the headquarters. If so, the warning
unfortunately was not taken to heart, for the writer himself tells
us that the traffic was resumed and prosecuted as vigorously as ever
as soon as the village was rebuilt.
When Laval, who had just laid the corner-stone
of his seminary at Quebec, saw the way things were going, he decided
to start for France himself, to see what he could effect for the
cause he had so deeply at heart by personal representations. The
decision of the court, however, was what might have been expected
under the circumstances. Two edicts were issued in the following
year, one dated the 25th April 1679, confirming the regulations
previously laid down respecting the
coureurs de bois, but allowing the
governor to grant hunting permits good from the 15th January to the
15th April of each year; and the other, dated 24th May, expressly
prohibiting the holders of such permits from carrying liquor to the
Indians, under pain of a fine of one hundred francs for the first
offence, three hundred for the second, and corporal punishment for
the third. The French of the settlements on the other hand were left
free to sell liquor to the Indians resorting thither. The bishop was
at the same time requested to make the " reserved case " apply only
to those selling under illegal conditions, which, with no little
reluctance, he consented to do.
It is to be noted that the .second edict
contains a clause expressly entrusting its enforcement to " Sieur,
Comte de Frontenac, governor and lieutenant-general for his Majesty
in the said country," and not as previously to the intendant.
Frontenac thus had it in his power, M.
Lorin observes, "to free himself in practice from the time limits
imposed, or even tacitly to authorize the hunters to carry a few
goods to the Indians." This writer, who is an ardent admirer of
Frontenac, seems to regard it as a thing quite to be expected that
the king's representative should seize the opportunity to violate
the king's regulations. The motive, however, which he assigns for
such probable disobedience is a very high one: the governor was
anxious to keep in touch, through the traders, with the outlying
Indian tribes, in order that he might watch the course of their
trade, study their dispositions, and thus be enabled to take timely
measures to maintain them in right relations with the French colony.
Were there ground for assurance that this was his only, or even his
greatly predominant, motive, we might well join with M. Lorin in
considering such far-sighted devotion to the king's interests as
more than a set-off to a technical irregularity. But can we ? The
question is one in regard to which the documents before us,
consisting mainly of the correspondence of Frontenac and Duchesneau
with the court, render it difficult to arrive at a positive
conclusion. The matter will be discussed in the following chapter;
meanwhile let us briefly note the further development of the
coureur de bois question to the end of
Frontenac's first administration.
It does not appear that the ordinance of April
1679 improved the situation in the least. The law continued to be
violated, as Duchesneau affirms, with the connivance of the
governor, and, as Frontenac says, with the active assistance (in
favour of his special friends) of the intendant. In the month of
November 1680 Duchesneau writes to the minister, observing that the
only thing to do is to try and find the best means to induce these
men to return " without prejudice to the absolute submission they
owe to the king's will." He proceeds to hint at something like a
conditional amnesty, lenient treatment to be promised to all those
who, returning home promptly on the publication of the king's
proclamation, should "make a sincere and frank declaration in court
of the time they have been absent, for what persons they were
trading in the Indian country, who furnished them with goods, how
many skins they procured, and how they disposed of them." Evidently
M. Jacques Duchesneau was in pursuit of information; and there can
be little doubt with what intent. What Frontenac wrote on the
subject is not on record. It seems probable that he too suggested an
amnesty; but we may doubt whether he recommended the condition
proposed by his friend the intendant. The court in the month of May
following granted an amnesty, the sole condition of which was that
the persons concerned should return to their homes immediately on
being notified to do so. This was not to imply any indulgence for
the offence in future, as another edict was passed in the course of
the same month, providing severer punishments than had previously
been prescribed—flogging and branding on a first conviction, and
perpetual servitude in the galleys on a second. When these edicts
reached Quebec it was noticed that to the council was given the
duty, not only of registering, but of publishing and executing them.
The governor, however, intervened, and, upon his promising to take
the whole responsibility upon himself, the council agreed to leave
the publication and execution in his hands. " Under this pretext,"
says M. Lorin, " Frontenac could send officers to all the posts of
the upper country; and if he was anxious to do so, it was less to
participate, despite the king's orders, in the fur trade, than to
control the proceedings of the merchants and missionaries." The word
"less" can hardly be said to imply unambiguous praise. Moreover who
can say what motive was predominant?
Under the edict of 1679 the governor had the
power of issuing an unlimited number of permits for hunting
exclusively. The privilege had clearly been abused ; and orders were
now issued that in future twenty-five permits only should be granted
each year, the holder of a permit to be entitled to take or send one
canoe only with three men. In this way the amount of trade which
could be done under a permit was limited. In all only twenty-five
canoe loads of merchandise could be sent out annually. Moreover the
intention in granting these permits was less to promote trade at a
distance—an object the court never had
at heart —than to reward certain supposedly meritorious individuals.
It was a species of patronage which was placed in the governor's
hands, and which he was expected to distribute in a judicious
manner. If the holder of a permit did not wish to use it himself, he
could sell it to some one else; and it not infrequently happened
that a single trader would buy a number of permits, and send quite a
little fleet of canoes up the river. The era of " trusts " was not
as yet, but even here we can see the trust in germ. |