CHAPTER V

DIVIDED POWER

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-Fenelon 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 Lotbiniere, 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 Prevote (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 Prevote, 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 Prevote 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.[16] 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 Fenelon 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 Abbe d'Urfe, a relative of Fenelon'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 Fenelon matter, and had left Canada in high indignation by the

same vessel which bore Fenelon and Perrot. It happened that, just about

this time, Urfe'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 Abbe

Fenelon, 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 _cure_ 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.[17]

"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 be

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 Abbe 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

Abbe 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.[18]

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 of

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.

[Footnote 16: _Le Comte de Frontenac_, p. 159.]

[Footnote 17: It is to be found in Margry, _Memoires et Documents des

Origines Francaises des Pays d'Outre Mer_, vol. i. pp. 301-25.]

[Footnote 18: See Report (Proces Verbal) of the proceedings of the

assembly in Margry, _Memoires et Documents_, vol. i. pp. 405-20.]

Count Frontenac Makers of Canada, Volume 3 · 第 5 / 12 章