CHAPTER VII. 1661-1664. LAVAL AND DUMESNIL

_Péronne Dumesnil.--The Old Council.--Alleged Murder.--The New

Council.--Bourdon And Villeray.--Strong Measures.--Escape Of

Duhesnil.--Views Of Colbert._

|Though the proposals of Avaugour’s memorial were not adopted, it

seems to have produced a strong impression at court. For this impression

the minds of the king and his minister had already been prepared. Two

years before, the inhabitants of Canada had sent one of their number,

Pierre Boucher, to represent their many grievances and ask for aid.

* Boucher had had an audience of the young king, who listened with

interest to his statements; and when in the following year he returned

to Quebec, he was accompanied by an officer named Dumont, who had under

his command a hundred soldiers for the colony, and was commissioned to

report its condition and resources. The movement

* To promote the objects of his mission, Boucher wrote a

little book, Histoire Véritable et Naturelle des Mœurs et

Productions du Pays de la Nouvelle France. He dedicates it

to Colbert.

** A long journal of Dumont is printed anonymously in the

Relation of 1663.

seemed to betoken that the government was wakening at last from its long

inaction.

Meanwhile the Company of New France, feudal lord of Canada, had also

shown signs of returning life. Its whole history had been one of mishap,

followed by discouragement and apathy; and it is difficult to say

whether its ownership of Canada had been more hurtful to itself or to

the colony. At the eleventh hour it sent out an agent invested with

powers of controller-general, intendant, and supreme judge, to inquire

into the state of its affairs. This agent, Péronne Dumesnil, arrived

early in the autumn of 1660, and set himself with great vigor to

his work. He was an advocate of the Parliament of Paris, an active,

aggressive, and tenacious person, of a temper well fitted to rip up an

old abuse or probe a delinquency to the bottom. His proceedings quickly

raised a storm at Quebec.

It may be remembered that, many years before, the company had ceded

its monopoly of the fur trade to the inhabitants of the colony, in

consideration of that annual payment in beaver-skins which had been so

tardily and so rarely made. The direction of the trade had at that time

been placed in the hands of a council composed of the governor, the

superior of the Jesuits, and several other members. Various changes had

since taken place, and the trade was now controlled by another council,

established without the consent of the company, * and composed of the

principal persons in the colony. The members of this council, with

certain

* Registres du Conseil du Roy; Réponse a la requeste

présentée au Roy.

prominent merchants in league with them, engrossed all the trade, so

that the inhabitants at large profited nothing by the right which the

company had ceded; * and as the councillors controlled not only the

trade but all the financial affairs of Canada, while the remoteness of

their scene of operations made it difficult to supervise them, they were

able, with little risk, to pursue their own profit, to the detriment

both of the company and the colony. They and their allies formed a petty

trading oligarchy, as pernicious to the prosperity of Canada as the

Iroquois war itself.

The company, always anxious for its beaver-skins, made several attempts

to control the proceedings of the councillors and call them to account,

but with little success, till the vigorous Dumesnil undertook the task,

when, to their wrath and consternation, they and their friends found

themselves attacked by wholesale accusations of fraud and embezzlement.

That these charges were exaggerated there can be little doubt; that they

were unfounded is incredible, in view of the effect they produced.

The councillors refused to acknowledge Dumesnil’s powers as

controller, intendant, and judge, and declared his proceedings null. He

retorted by charging them with usurpation. The excitement increased, and

Dumesnil’s life was threatened.

He had two sons in the colony. One of them, Péronne de Mazé, was

secretary to Avaugour, then on his way up the St. Lawrence to assume the

* Arrêt du Conseil d’Etat, 7 Mars, 1657. Also Papiers

d’Argenson, and Extrait des Registres du Conseil d’Etat, 15

Mars, 1656.

government. The other, Péronne des Touches, was with his father at

Quebec. Towards the end of August this young man was attacked in the

street in broad daylight, and received a kick which proved fatal. He

was carried to his father’s house, where he died on the twenty-ninth.

Dumesnil charges four persons, all of whom were among those into whose

affairs he had been prying, with having taken part in the outrage; but

it is very uncertain who was the immediate cause of Des Touches’s

death. Dumesnil, himself the supreme judicial officer of the colony,

made complaint to the judge in ordinary of the company; but he says

that justice was refused, the complaint suppressed by authority, his

allegations torn in pieces, and the whole affair hushed. *

At the time of the murder, Dumesnil was confined to his house by

illness. An attempt was made to rouse the mob against him, by reports

that he had come to the colony for the purpose of laying taxes; but he

sent for some of the excited inhabitants, and succeeded in convincing

them that he was their champion rather than their enemy. Some Indians in

the neighborhood were also instigated to kill him, and he was forced to

conciliate them by presents.

* Dumesnil, Mémoire. Under date August 31 the Journal des

Jésuite makes this brief and guarded mention of the affair:

“Le fils de Mons. du Mesnil... fut enterré le mesme jour,

tué d’un coup de pié par N.” Who is meant by N. it is

difficult to say. The register of the parish church records

the burial as follows:--

L’an 1661. Le 30 Aoust a esté enterré au Cemetiere de

Quebec Michel peronne dit Sr. des Touches fils de Mr. du

Mesnil décédé le Jour precedent a sa Maison.

He soon renewed his attacks, and in his quality of intendant called on

the councillors and their allies to render their accounts, and settle

the long arrears of debt due to the company. They set his demands at

naught. The war continued month after month. It is more than likely

that when in the spring of 1662 Avaugour dissolved and reconstructed

the council, his action had reference to these disputes; and it is clear

that when in the following August Laval sailed for France, one of his

objects was to restore the tranquillity which Dumesnil’s proceedings

had disturbed. There was great need; for, what with these proceedings

and the quarrel about brandy, Quebec was a little hell of discord, the

earthquake not having as yet frightened it into propriety.

The bishop’s success at court was triumphant. Not only did he procure

the removal of Avaugour, but he was invited to choose a new governor

to replace him. * This was not all; for he succeeded in effecting a

complete change in the government of the colony. The Company of New

France was called upon to resign its claims; ** and, by a royal edict of

April, 1663, all power, legislative, judicial, and executive, was vested

in a council composed of the governor whom Laval had chosen, of Laval

himself, and of five councillors, an attorney-general, and a secretary,

to be chosen by Laval and the governor jointly. *** Bearing with them

blank

* La Tour, Vie de Laval, Liv. V.

** See the deliberations and acts to this end in Edits et

Ordonnances concernant le Canada, 1. 30-32.

*** Edit de Création du Conseil Supérieur de Quebec.

commissions to be filled with the names of the new functionaries, Laval

and his governor sailed for Quebec, where they landed on the fifteenth

of September. With them came one Gaudais-Dupont, a royal commissioner

instructed to inquire into the state of the colony.

No sooner had they arrived than Laval and Mézy, the new governor,

proceeded to construct the new council. Mézy knew nobody in the

colony, and was, at this time, completely under Laval’s influence.

The nominations, therefore, were virtually made by the bishop alone, in

whose hands, and not in those of the governor, the blank commissions

had been placed. * Thus for the moment he had complete control of the

government; that is to say, the church was mistress of the civil power.

Laval formed his council as follows: Jean Bourdon for attorney-general;

Rouer de Villeray, Juchereau de la Berté, Ruette d’Auteuil, Le

Gardeur de Tilly, and Matthieu Damours for councillors; and Peuvret

de Mesnu for secretary. The royal commissioner, Gaudais, also took a

prominent place at the board. ** This functionary was on the point of

marrying his niece to a son of Robert Giffard,

* Commission actroyée au Sieur Gaudais. Mémoire pour servir

d’instruction au Sieur Gaudais. A sequel to these

instructions, marked secret, shows that, notwithstanding

Laval’s extraordinary success in attaining his objects, he

and the Jesuits were somewhat distrusted. Gaudais is

directed to make, with great discretion and caution, careful

inquiry into the bishop’s conduct, and with equal secrecy to

ascertain why the Jesuits had asked for Avaugour’s recall.

** As substitute for the intendant, an officer who had been

appointed but who had not arrived.

who had a strong interest in suppressing Dumesnil’s accusations. *

Dumesnil had laid his statements before the commissioner, who quickly

rejected them, and took part with the accused.

Of those appointed to the new council, their enemy Dumesnil says

that they were "incapable persons,” and their associate Gaudais,

in defending them against worse charges, declares that they were

“unlettered, of little experience, and nearly all unable to deal with

affairs of importance.” This was, perhaps, unavoidable; for, except

among the ecclesiastics, education was then scarcely known in Canada.

But if Laval may be excused for putting incompetent men in office,

nothing can excuse him for making men charged with gross public offences

the prosecutors and judges in their own cause; and his course in doing

so gives color to the assertion of Dumesnil, that he made up the council

expressly to shield the accused and smother the accusation. **

The two persons under the heaviest charges received the two most

important appointments: Bourdon, attorney-general, and Villeray, keeper

of

* Dumesnil here makes one of the few mistakes I have been

able to detect in his long memorials. He says that the name

of the niece of Gaudais was Marie Nau. It was, in fact,

Michelle-Therese Nau, who married Joseph, son of Robert

Giffard, on the 22d of October, 1663. Dumesnil had forgotten

the bride’s first name. The elder Giffard was surety for

Repentigny, whom Dumesnil charged with liabilities to the

company, amounting to 644,700 livres. Giffard was also

father-in-law of Juchereau de la Ferte, one of the accused.

** Dumesnil goes further than this, for he plainly

intimates that the removing from power of the company, to

whom the accused were responsible, and the placing in power

of a council formed of the accused themselves, was a device

contrived from the first by Laval and the Jesuits, to get

their friends out of trouble.

the seals. La Ferté was also one of the accused. * Of Villeray, the

governor Argenson had written in 1059: “Some of his qualities are

good enough, but confidence cannot be placed in him, on account of his

instability.” ** In the same year, he had been ordered to France,

“to purge himself of sundry crimes wherewith he stands charged.”

*** He was not yet free of suspicion, having returned to Canada under

an order to make up and render his accounts, which he had not yet done.

Dumesnil says that he first came to the colony in 1651, as valet of the

governor Lauson, who had taken him from the jail at Rochelle, where he

was imprisoned for a debt of seventy-one francs, “as appears by the

record of the jail of date July eleventh in that year.” From this

modest beginning he became in time the richest man in Canada. **** He

was strong in orthodoxy, and an ardent supporter of the bishop and the

Jesuits. He is alternately praised and blamed, according to the partisan

leanings of the writer.

* Bourdon is charged with not having accounted for an

immense quantity of beaver-skins which had passed through

his hands during twelve years or more, and which are valued

at more than 300,000 livres. Other charges are made against

him in connection with large sums borrowed in Lauson’s time

on account of the colony. In a memorial addressed to the

king in council, Dumesnil says that, in 1662, Bourdon,

according to his own accounts, had in his hands 37,516

livres belonging to the company, which he still retained.

Villeray’s liabilities arose out of the unsettled accounts

of his father-in-law, Charles Sevestre, and are set down at

more than 600,000 livres. La Ferté’s are of a smaller

amount. Others of the council were indirectly involved in

the charges.

** Lettre d’Argenson, 20 Nov., 1659.

*** Edit du Roy, 13 Mai, 1659.

**** Lettre de Colbert a Frontenac, 17 Mai, 1674.

Bourdon, though of humble origin, was, perhaps, the most intelligent

man in the council. He was chiefly known as an engineer, but he had also

been a baker, a painter, a syndic of the inhabitants, chief gunner at

the fort, and collector of customs for the company. Whether guilty of

embezzlement or not, he was a zealous devotee, and would probably have

died for his creed. Like Villeray, he was one of Laval’s stanchest

supporters, while the rest of the council were also sound in doctrine

and sure in allegiance.

In virtue of their new dignity, the accused now claimed exemption from

accountability; but this was not all. The abandonment of Canada by

the company, in leaving Dumesnil without support, and depriving him

of official character, had made his charges far less dangerous.

Nevertheless, it was thought best to suppress them altogether, and the

first act of the new government was to this end.

On the twentieth of September, the second day after the establishment

of the council, Bourdon, in his character of attorney-general, rose and

demanded that the papers of Jean Péronne Dumesnil should be seized

and sequestered. The council consented, and, to Complete the scandal,

Villeray was commissioned to make the seizure in the presence of

Bourdon. To color the proceeding, it was alleged that Dumesnil had

obtained certain papers unlawfully from the _greffe_ or record office.

“As he was thought,” says Gaudais, “to be a violent man."

Bourdon and Villeray took with them ten soldiers, well armed, together

with a locksmith and the secretary of the council. Thus prepared for

every contingency, they set out on their errand, and appeared suddenly

at Dumesnil's house between seven and eight o’clock in the evening.

“The aforesaid Sieur Dumesnil,” further says Gaudais, “did not

refute the opinion entertained of his violence; for he made a great

noise, shouted _robbers!_ and tried to rouse the neighborhood,

outrageously abusing the aforesaid Sieur de Villeray and the

attorney-general, in great contempt of the authority of the council,

which he even refused to recognize.”

They tried to silence him by threats, but without effect; upon which

they seized him and held him fast in a chair; “me,” writes the

wrathful Dumesnil, “who had lately been their judge.” The soldiers

stood over him and stopped his mouth while the others broke open and

ransacked his cabinet, drawers, and chest, from which they took all his

papers, refusing to give him an inventory, or to permit any witness to

enter the house. Some of these papers were private; among the rest were,

he says, the charges and specifications, nearly finished, for the

trial of Bourdon and Villeray, together with the proofs of their

“peculations, extortions, and malversations.” The papers were

enclosed under seal, and deposited in a neighboring house, whence they

were afterwards removed to the council-chamber, and Dumesnil never saw

them again. It may well be believed that this, the inaugural act of the

new council, was not allowed to appear on its records. *

On the twenty-first, Villeray made a formal report of the seizure to

his colleagues; upon which, “by reason of the insults, violences, and

irreverences therein set forth against the aforesaid Sieur de Villeray,

commissioner, as also against the authority of the council,” it was

ordered that the offending Dumesnil should be put under arrest; but

Gaudais, as he declares, prevented the order from being carried into

effect.

Dumesnil, who says that during the scene at his house he had expected to

be murdered like his son, now, though unsupported and alone, returned to

the attack, demanded his papers, and was so loud in threats of complaint

to the king that the council were seriously alarmed. They again decreed

his arrest and imprisonment; but resolved to keep the decree secret till

the morning of the day when the last of the returning ships was to

sail for France. In this ship Dumesnil had taken his passage, and they

proposed to arrest him unexpectedly on the point of embarkation, that he

might have no time to prepare and despatch a memorial to the court. Thus

a full year must elapse before his complaints could reach the minister,

and seven or eight months more before a reply could be returned to

Canada. During this long delay the affair would have time to cool.

Dumesnil received a secret warning of

* The above is drawn from the two memorials of Gaudais and

of Dimesnil. They do not contradict each other as, to the

essential facts.

this plan, and accordingly went on board another vessel, which was to

sail immediately. The council caused the six cannon of the battery in

the Lower Town to be pointed at her, and threatened to sink her if she

left the harbor; but she disregarded them, and proceeded on her way.

On reaching France, Dumesnil contrived to draw the attention of the

minister Colbert to his accusations, and to the treatment they had

brought upon him. On this Colbert demanded of Gaudais, who had also

returned in one of the autumn ships, why he had not reported these

matters to him. Gaudais made a lame attempt to explain his silence, gave

his statement of the seizure of the papers, answered in vague terms some

of Dumesnil’s charges against the Canadian financiers, and said that

he had nothing to do with the rest. In the following spring Colbert

wrote as follows to his relative Terron, intendant of marine:--

“I do not know what report M. Gaudais has made to you, but family

interests and the connections which he has at Quebec should cause him

to be a little distrusted. On his arrival in that country, having

constituted himself chief of the council, he despoiled an agent of

the Company of Canada of all his papers, in a manner very violent and

extraordinary, and this proceeding leaves no doubt whatever that these

papers contained matters the knowledge of which it was wished absolutely

to suppress. I think it will be very proper that you should be informed

of the statements made by this agent, in order that, through him, an

exact knowledge may be acquired of every thing that has taken place in

the management of affairs.” *

Whether Terron pursued the inquiry does not appear. Meanwhile new

quarrels had arisen at Quebec, and the questions of the past were

obscured in the dust of fresh commotions. Nothing is more noticeable in

the whole history of Canada, after it came under the direct control of

the Crown, than the helpless manner in which this absolute government

was forced to overlook and ignore the disobedience and rascality of its

functionaries in this distant transatlantic dependency.

As regards Dumesnil’s charges, the truth seems to be, that the

financial managers of the colony, being ignorant and unpractised, had

kept imperfect and confused accounts, which they themselves could not

always unravel; and that some, if not all of them, had made illicit

profits under cover of this confusion. That their stealings approached

the enormous sum at which Dinesnil places them is not to be believed.

But, even on the grossly improbable assumption of their entire

innocence, there can be no apology for the means, subversive of

all justice, by which Laval enabled his partisans and supporters to

extricate themselves from embarrassment.----

* Lettre de Colbert a Terron, Rochelle, 8 Fev., 1664. “Il a

spolié un agent de la Compagnie de Canada de tous ses

papiers d’une manière fort violente et extraordinaire, et ce

procédé ne laisse point à douter que dans ces papiers il n’y

eût des choses dont on a voulu absolument supprimer la

connaissance.” Colbert seems to have received an exaggerated

impression of the part borne by Gaudais in the seizure of

the papers.

NOTE.--Dumesnil’s principal memorial, preserved in the archives of

the Marine and Colonies, is entitled Mémoire concernant les Affaires du

Canada, qui montre et fait voir que sous prétexte de la Gloire de Dieu,

d’Instruction des Sauvages, de servir le Roy et de faire la nouvelle

Colonie, il a été pris et diverti trois millions de livres ou environ.

It forms in the copy before me thirty-eight pages of manuscript, and

bears no address; but seems meant for Colbert, or the council of state.

There is a second memorial, which is little else than an abridgment of

the first. A third, bearing the address Au Roy et a nos Seigneurs du

Conseil (d’Etat), and signed Peronne Dumesnil, is a petition for the

payment of 10,132 livres due to him by the company for his services in

Canada, “ou il a perdu son fils assassiné par les comptables du dit

pays, qui n’ont voulu rendre compte au dit suppliant, Intendant, et

ont pillé sa maison, ses meubles et papiers le 20 du mois de Septembre

dernier, dont il y a acte.”

Gaudais, in compliance with the demands of Colbert, gives his statement

in a long memorial, Le Sieur Gaudais Dupont à Monseigneur de Colbert,

1664.

Dumesnil, in his principal memorial, gives a list of the alleged

defaulters, with the special charges against each, and the amounts for

which he reckons them liable. The accusations cover a period of ten or

twelve years, and sometimes more. Some of them are curiously suggestive

of more recent “rings.” Thus Jean Gloria makes a charge of

thirty-one hundred livres (francs) for fireworks to celebrate the

king’s marriage, when the actual cost is said to have been about forty

livres. Others are alleged to have embezzled the funds of the company,

under cover of pretended payments to imaginary creditors; and Argenson

himself is said to have eked out his miserable salary by drawing on the

company for the pay of soldiers who did not exist.

The records of the Council preserve a guarded silence about this affair.

I find, however, under date 20 Sept., 1663, “Pouvoir â M. de Villeray

de faire recherche dans la maison d’un nommé du Mesnil des papiers

appartenants au Conseil concernant Sa Majesté;” and under date 18

March, 1664, “Ordre pour l’ouverture du coffre contenant les papiers

de Dumesnil,” and also an “Ordre pour mettre l’Inventaire des

biens du Sr. Dumesnil entre les mains du Sr. Fillion.”

France and England in North America, Part IV: The Old Régime In Canada · 第 7 / 21 章