CHAPTER III

JOHN NAIRNE, SEIGNEUR OF MURRAY BAY

Colonel Nairne's portrait.--His letters.--The first Scottish

settlers at Malbaie.--Nairne's finance.--His tasks.--The curé's

work.--The Scottish settlers and their French wives.--The Church

and Education.--Nairne's efforts to make Malbaie Protestant.--His

war on idleness.--The character of the habitant.--Fishing at

Malbaie.--Trade at Malbaie.--Farming at Malbaie.--Nairne's

marriage.--Career and death in India of Robert Nairne.--The Quebec

Act and its consequences for the habitant.

In the dining room of the Manor House at Murray Bay Nairne's portrait

still hangs. It was painted, probably in Scotland, when he was an old

man, by an artist, to me unknown. The face is refined, showing

kindliness and gentleness in the lines of the mouth, and revealing the

"friendly honest man" that he aspired to be. His nose is big and in

spite of the prevailing gentleness of demeanour the thin lips, pressed

together, indicate some vigour of character. He has the watery eye of

old age and this takes away somewhat from the impression of energy. It

is not a clever face but honest, rather sad, and unmistakeably Scottish

in type. Nairne wears the red coat of the British officer and a wig in

the fashion of the time. The portrait might be one of a frequenter of

court functions in London rather than that of a hardy pioneer at Murray

Bay, who had carried on a stern battle with the wilderness.

Nairne was a good letter writer. To his kin in Scotland he sent from the

beginning voluminous annual epistles. They are not such as we now write,

hurriedly scratched off in a few minutes. With abundant time at his

disposal Nairne could write what must have occupied many days. When

written, the letters were sometimes copied in a book almost as large as

an office ledger. It is well that this was done, for in this book is

preserved almost the sole record of the life at Murray Bay of a century

and a half ago. The pages are still fresh and the handwriting, while not

that of one much accustomed to use the pen, is clear and vigorous. The

zeal for copying letters was intermittent. There are gaps, covering many

years. Then, for a time, not only the letters sent, but those received,

are copied into the book. In the long winter evenings there was not much

to do. Malcolm Fraser, it is true, lived just across the river at the

neighbouring manor house. But Malcolm was more usually away than not.

Besides, as one grows older, there is no place like one's own fireside

of a winter evening. So our good seigneur read and dozed and wrote and

we are grateful that he has told us so much about past days.

Nairne's first visit to Malbaie was, as we have seen, in the autumn of

1761, when he took possession of his seigniory. Not until the following

year was the formal grant made by Murray. Long afterwards, in 1798,

writing to a friend, Hepburn, in Scotland, Nairne recalled his arrival

at his future home. "I came here first in 1761 with five soldiers [alas,

we do not know their names!] and procured some Canadian servants. One

small house contained us all for several years and [we] were separated

from every other people for about eighteen miles without any road." He

contrasts this with what he sees about him at the time of writing--a

parish with more than five hundred inhabitants, with one hundred men

capable of bearing arms, grist mills, fisheries, good houses and barns,

fertile fields, a priest, a chapel, and so on. The five soldiers of whom

Nairne speaks were no doubt men of the 78th Highlanders and ancestors of

a goodly portion of the population of Malbaie at the present time.

Perhaps some of them had fought at Culloden; certainly all fought at

Louisbourg and Quebec.

In the first days at Murray Bay Nairne was in debt. In 1761, probably to

purchase his captaincy, he had incurred a considerable obligation to his

friend General Murray; where Murray got £400 to lend him is a mystery,

for he was himself always pressed for funds. With everything to do at

Murray Bay, mills to be built, roads to be opened, a manor house to be

constructed, it was not easy to get together any money; for years the

debt hung like a mill-stone round Nairne's neck. But he had always a

certain, if small, revenue in his half pay and, in time, he acquired,

chiefly by inheritance, what was, for that period in Canada, a

considerable fortune. In 1766, when Nairne was in Scotland, General

Murray, who had himself just arrived from Canada, wrote urgently to ask

for payment. Murray owed to a Mr. Ross £8,000 and could not borrow one

shilling in England on his estates in Canada; so he said "delay will be

a very terrible disappointment to me." But this disappointment he had to

bear. In 1770 the debt was still unpaid and may have remained so for

some years longer. Happily the friendship between the former comrades

was not impaired by their financial relations. Murray promised to put

Nairne in the way of being "very comfortable and easy" in Canada, if he

would follow his advice, but nothing came of his offer. For some years

after 1761 Nairne thought of returning to Scotland, whither ties of kin

drew him strongly. But his father's death in 1766 or 1767 helped to

weaken these ties. In any case Scotland offered no career and he must do

something to pay the debt to Murray and to provide for himself.

Nairne's chief task as seigneur was to put settlers on his huge tract.

The seigneur, indeed, discharged functions similar to those of a modern

colonization company, but with differences that in some respects favour

the older system. Now-a-days the occupier buys the land and the

colonization company gets the best possible price for what it has to

sell; it can hold for a rise in value and, if it likes, can refuse to

sell at all. Nairne had no such powers. Under the law, if a reputable

person applied for land, he must let him have it. Settlers required no

capital to buy their land, and, as long as they paid their merely

nominal rent, they could not be disturbed in their holdings. The rent

amounted to about one cent an acre, and some twenty cents or a live

capon for each of the two or three arpents of frontage which a farm

would have. The rent charge was uniform and depended not upon the

quality of the land or upon the individual seigneur but upon what was

usual in the district; moreover, under the French law, no matter how

valuable the land became, the rent could not be increased and, though so

trifling, it was rarely required until the settler's farm had begun to

be productive. Sometimes in a single year Nairne would put as many as

twenty brawny young fellows on his land to hew out homes for themselves.

Each of them got a tract of about one hundred acres and, as the annual

rental received for a dozen farms would be hardly more than twenty

dollars, the seigneur reaped no great profit from his tenants. It was

only when a tenant sold a holding, that the seigneur secured any

considerable sum. To him then went one-twelfth of the price. The other

chief source of profit, as settlement increased, was from the

seigneur's mill. To it all the occupiers of his land must bring their

grain and pay a fixed charge for its grinding. In scattered settlements

the mill brought little profit and was a source of expense rather than

of income. But, as population increased, this "_droit de banalité_"

became valuable. The mill at Malbaie was, in time, very prosperous.

In Canada the seigneur was not the oppressor of his people but rather

their watchful guardian. He planned roads and other improvements,

checked abuses, and enforced justice. At his side stood, usually, the

priest. The moment a parish was established a curé was entitled to the

tithe; near every manor house, the village church was sure to spring up.

Even when, as at Malbaie, the priest and the seigneur were not of the

same faith they were often fast friends. Nairne's relations were good

with the neighbouring curé, when, at length, Malbaie had a resident

priest. Each village would thus usually have at least two men of some

culture working together for its spiritual and temporal interests. Both

remained in touch with the outside world; the priest with his bishop at

Quebec, the seigneur with the representative there of the sovereign.

Upon each change of governor Nairne was required to appear at Quebec to

render fealty and homage. With head uncovered and wearing neither sword

nor spur he must kneel before the governor, and take oath on the

Gospels to be faithful to the king, to be party to nothing against his

interests, to perform all the duties required by the terms of his

holding, and, especially, to appear in arms to defend the province if

attacked. We find Nairne excused by General Haldimand in 1781 from

discharging this ceremony, but only because he was away on active

service.

When Nairne settled at Murray Bay he was unmarried and so, no doubt,

were the soldiers he brought with him. Only after five or six years did

he himself find a wife but we may be sure that his men did not wait so

long. What more natural than that they should marry the French Canadian

servants of whom Nairne speaks? A visitor at Murray Bay is struck with

names like McNicol, Harvey, Blackburn, McLean, and one or two others

that have a decidedly North British ring. Some, if not all, are names of

one or other of the half dozen soldiers who settled at Murray Bay in

Nairne's time. There was no disbanding there of a regiment, as tradition

has it. In time the 78th Highlanders were disbanded, but certainly not

at Murray Bay, and, though hundreds of them remained in Canada, only a

few individual soldiers came to Nairne's settlement. Already when he

arrived French Canadians were there and from the first the community was

prevailingly French and Catholic. In 1784 when joined with Les

Eboulements and Isle aux Coudres under a single priest Malbaie already

had 65 communicants. As likely as not some even of the Highlanders were

Catholics. In any case their children became such and spoke French, the

tongue of their mothers; even Nairne's own children spoke only French

until they went to Quebec to school.

When, from time to time, a missionary priest visited the place he

baptized children of Catholic and Protestant alike, including even the

children of the Protestant family in the manor house. The only religious

services that the people ever shared in were those of the Roman Catholic

Church. Nairne would have wished it otherwise. He held sturdy Protestant

views, and wished to bring in Protestant settlers. On one or more of his

visits to Scotland he made efforts to induce Scots to move to Canada.

But he met with no great success. A Scottish friend, Gilchrist, who had

visited Nairne at Murray Bay, writes, in 1775, to express hope that he

will not encourage French settlers who will rob him, who have

"disingenuous, lying, cheating, detestable dispositions," and are the

"banes of society." He adds, "I am glad you give me reason to believe

you are to carry over some industrious honest people from hence with

you. I am convinced 'twere easy by introducing a few such [to bring

about that] the dupes to the most foolish and absurd religion now in the

world might be warmed out and your quiet as well as interest established

from Point au Pique to the Lake."[7] The Roman Catholic faith had more

vitality than Nairne's correspondent supposed. It was Protestantism that

should in time be "warmed out" of Murray Bay.

To prevent this Nairne did what he could; for a long time he entertained

hopes not only that the Protestants at Murray Bay might be held to their

faith but also that the Roman Catholics would be led into the Protestant

fold. His chief complaint against the Roman Catholic Church was in

regard to education. There was woeful ignorance. Nairne was in command

of the local militia and he found that officers of militia, and even a

neighbouring seigneur, could not read. When Roman Catholic services were

held at Murray Bay, as they were regularly before he died, the tongue

was one that the people did not understand. At the services there was

nothing "but a few lighted candles, in defyance of the sun, and the

priest singing and reading Latin or Greek.... None of us understands a

word." He complains of "the greatest deficiency in preaching sentiments

of morality and virtue." Indeed, very few of the priests could preach or

say anything in public beyond the Latin mass. Nairne tried to secure

better means of educating his people. Probably earlier also, but

certainly in 1791, he was writing to the Anglican Bishop of Quebec to

help him to do something. He lives, he says, in "the most Northerly and,

I believe, the poorest parish on the Continent of America." The people

cannot read and have no literary amusement. Their idle days they spend

in drunkenness and debauchery and he wishes something done for them. Ten

years later Nairne is returning to the charge. There are five Protestant

families in the neighbourhood. They cannot even be baptized except by

the curé. They cannot get any Protestant instruction; so the Protestant

children are reared Roman Catholics. Nairne wished to have a Protestant

clergyman established at Murray Bay; he could make that place his

headquarters and carry on missionary work in the neighbouring parishes.

But the five Protestant families at Murray Bay soon became three, for

Nairne says, in 1801, that his and Colonel Fraser's families and one

other man, an Englishman, are the only remaining Protestants. He and

Fraser, he adds, are growing old and, in any case, it was doubtful

whether the Englishman would attend service.

Yet Nairne still begged for a Protestant missionary. He desired most of

all a free school. The teacher should be, he says, French but able also

to preach in English; there was now no school at Murray Bay; a free

school and a church system which would release the people from paying

tithes could work wonders and, probably, most of the people would soon

become Protestants. Knowing the tenacity with which the French

Canadians have clung to their faith, it seems hardly likely that

Nairne's dreams would have been realized. At any rate nothing was done.

At that time there were hardly more than a dozen Anglican clergymen in

all Canada and the Bishop of Quebec had no one to spare to look after

the few scattered sheep at Murray Bay. On the other hand the rival

Church did not forget her own. Long before the British conquest

occasional services had been held at Malbaie and these were continued,

with some regularity, until a resident priest came in 1797. The visiting

priests worked hard. They were, Nairne says, "industrious in private to

confess the people, especially the women, which branch of their duty is

deemed most sacred and necessary." Against this tremendous power of the

confessional, Protestantism had nothing that could be called an opposing

influence. When a Protestant died he might not, of course, be buried in

the Roman Catholic burial ground. For these outcast dead Nairne set

aside a plot near his own house, where, still, under a little clump of

trees, their bones lie, neglected and forgotten. Not more than half a

dozen Protestants were ever buried there and this shows that even the

Protestant pioneers were few in number; hardly one of their children

remained outside the Roman Church.

Nairne thought the Canadians not too prone to industry and he deplored

the multitude of religious holidays that gave an excuse for idleness.

In a year there were not less than forty, in addition to Sundays, and on

some of the holidays, such as that of the patron saint of the parish,

there were scenes of great disorder. Nairne wrote on the subject to the

Roman Catholic Bishop of Quebec asking him to take steps to ensure that

the people might come to think it not sinful but virtuous to work for

six days in the week. The Bishop promised consideration of the matter.

Already it had been under debate and in the end the Bishop gave orders

that labour might continue on most of the Church's festivals; that of

the patron saint of the parish was in time abolished. Nairne thus helped

to bring about a considerable industrial reform. But beyond this he

achieved little.

The French Canadians, who occupied his vacant acres, have shown both a

marvellous tenacity for their own customs and also a fecundity that has

enabled people, numbering 60,000 at the time of the British conquest, to

multiply now to some 2,500,000, scattered over the United States and

Canada. To govern them has never been an easy problem. Nairne says that

the French officer, Bougainville, who had known the Canadians in many

campaigns, called them at Murray's table a brave and submissive people;

he thought they needed the strong hand of authority and added that he

was sure the British method of government would soon spoil them. Under

the French régime they had had no gleam of political liberty. For twenty

years before the conquest France had exacted from them the fullest

possible measure of military service. The British ended this and brought

liberty. Its growth is sometimes so rapid as to be noxious, and, no

doubt, some of those who came to Nairne's domain gave him much trouble.

"No people," Nairne said of them, "stand more in awe of punishment when

convinced that there is power to inflict it, as none are so easily

spoiled as to be mutinous by indulgences." Some of them showed striking

intelligence: in 1784 we find Nairne recommending for appointment as

Notary one Malteste (no doubt the well-known name Maltais is a later

form) as a "remarkable honest, well-behaved countryman with more

education than is commonly to be found with one in his station." The

dwellers at Malbaie were for the most part a quiet people entirely

untouched by the movements of the outside world. "Nothing here," wrote

Nairne in 1798, "is considered of importance but producing food to

satisfy craving Stomachs, which the people of this cold and healthy

country remarkably possess, and to feed numbers of children.... They

have no other ambition or consideration whatever but simply to procure

food and raiment for themselves and their numerous families."

They had a very clear idea of their rights. Nairne's grant conferred

upon him those of fishing and hunting. But the inhabitants declared that

when land was once granted, the seigneur lost all control over the

adjoining waters. Nairne wished, for instance, to prohibit the spearing

of salmon at night by the Canadians, with the aid of torches or

lanterns. But they had never been hampered by such restrictions and,

when Nairne tried to check them, they said that they would not be

hindered. It was in vain that he said "I had rather have no power at all

and no seigneurie at all [than] not to be able to keep up the rights of

it." When, in 1797, he ordered one Joseph Villeneuve to cease the

"flambeau" fishing at night, the fellow "roared and bellowed" and set

him at defiance; no less than twenty companions joined him in the

fishing. They would acknowledge no law nor restraint and seem to have

had _force majeure_ on their side. It was not until long after that the

legislature at Quebec passed strict laws regulating the modes of

fishing.

Whatever the limitations on the seigneur's authority he had the

undoubted right of control over fishing in rivers and lakes until the

adjacent lands were conceded to occupiers. It was important, therefore,

not to grant lands which carried with them the best fishing and Nairne's

ardent friend Gilchrist kept exhorting him from Scotland on this point.

"There is no place ... I would so willingly and happily pass life in,"

he wrote, in 1775, "as in your Neighbourhood and often have I been

seized with the memory of your easy and uncontrolled way of rising,

lying, dancing, drinking, &c., at your habitation.... One hope ... I

wish to be well founded and that is that your Stewart, Factor or

Attorney, has not conceded any lands with the River in front from the

Rapides du Vieux Moulin. If otherwise, you have lost more than the

profits [which] all above Brassar's will yield in our lifetime. The

fishing in that part of the River is alone worth crossing the Atlantic."

Over trade Nairne and Fraser tried to exercise some real control. Their

grants gave them no right to trade with the Indians and in reality no

authority over trade. But they were guardians of the law and took steps

to check traders from violating it. One Brassard, who lived up the

Murray River, seems to have been a frequent offender. It was easy to

debauch the Indians with drink and then to get their furs for very

little and the seigneurs needed always to be alert. In 1778 we find

Malcolm Fraser making with one Hugh Blackburn a bargain which outlines

what the seigneurs tried to do in regard to trade. Blackburn binds

himself in the sum of £200 to obey certain restrictions: he will not

attempt to debauch the Indians belonging to the King's Posts; in no

circumstances will he sell them liquor; nor will he sell liquor on

credit to anyone. He will obey the lawful orders of Nairne and Fraser

relative to the carrying on of his trade; he will pay his debts, and

will make others pay what they owe him, refusing them credit if accounts

are not paid within six months. In consideration of these pledges by

Blackburn Fraser guarantees his credit with the Quebec merchants. The

difficulty in regard to trade with the Indians settled itself by the

tragic remedy of their gradual extinction. In 1800 Nairne says that the

Micmacs, once a great nuisance, are now rarely seen.

Nairne was a good farmer and his letters contain many references to

farming operations. At Murray Bay, he says, plowing goes on for seven

months in the year, from the middle of April to the middle of November.

But the Canadians do not plough well; they do not understand how to

preserve the crops when cut; and, on the whole, are backward in

agriculture. He himself preserved for a domain more land than he could

ever get cleared, for this clearing was heavy work. Some of the soil at

Murray Bay is very good. Gilchrist writes indeed to say that he has been

talking in Scotland about Nairne's land. "On my mentioning that you had

lime, without digging for it, it was acknowledged that you possessed all

the advantages possible and that anything might be done with ground such

as yours which is dry; and I verily believe would you thoroughly lime

your land you may keep it in crops as long as you please and have

prodigious returns." Good farming, he says, Nairne may have and he

should preserve good fishing; then Murray Bay will be perfect. "If I

have the pleasure of seeing your sisters, I'll represent Mal Bay as the

counterpart of Paradise before the fall." He adds some local

characterizations. "Catish will do for Eve, La Grange for Adam, and

Dufour for the Devil."

Nairne was married in 1766 to Christiana Emery. Of her history I know

nothing, except that she was born in Edinburgh and married in Canada.

Soon after marriage Nairne paid a long visit to Scotland and there in

1767 the freedom of the borough of Sterling was conferred upon him. Mrs.

Nairne must have been considerably younger than her husband, for though

he lived to ripe old age, she survived him by twenty-six years, dying at

Murray Bay in 1828. Whether she brought any dowry I do not know; Nairne

certainly had had in mind the improvement of his position by marrying.

Nine children were born to them but three died in childhood of an

epidemic fever that broke out at Murray Bay in 1773 while Nairne was in

Scotland. A fourth child, Anne, died of consumption. Five children lived

to grow up--three daughters and two sons.

Canada seemed so remote that it was not easy for Nairne to keep in touch

with his kin. The scattering of families, one of the penalties Imperial

Britain, with a world wide domain, imposes upon her sons, had taken

Nairne's brother Robert to India. At a time only ten years later than

Clive's great victory of Plassey, Britain's grasp on the country was, as

yet, by no means certain and India was amazingly remote; five years

usually elapsed between the sending of a letter to India from Canada and

the receipt of a reply! On January 5th, 1770, Robert Nairne writes from

Marlborough, India, acknowledging a letter from his brother John, only

recently received, dated April 21, 1767. The brothers discuss family

news and family plans, their old father's health, the desirability of

settling down at home in Scotland, the life each is living, remote from

that home. Though an officer, Robert engaged in trade and made some

money. "The Company's pay is hardly subsistence," he says, "and here we

have not, as on t'other side of India the spoils of plundered provinces

to grow fat on. I keep my health very well and if I want the

satisfaction, I am also free from many Anxietys, people are subject to

who are more in the glare of life." He was in a retired place, where

there were few people and perennial summer, with "no variety of seasons

nor of anything else." Time passes insensibly, he says; "in India years

are like months in Europe ... I write, read, walk and go in company the

same round nearly throughout the year. Here we have little company; yet

everyone wants to go to out settlements where they are quite alone. I

cannot account for it. Mal Bay is your out settlement. Do you like that

as well as Quebec?"

Robert Nairne was something of a philosopher. "Have you ever so much

philosophy," he writes to the seigneur of Murray Bay in 1767, "as to

think everything that happens is for the best? I am so far of that mind

that content and discontent I think arises [_sic_] rather from the cast

of our own thoughts than from outward accidents and that there is nearly

an equal distribution of the means of happiness to all men, and that

they are the happiest that improve their means the most." He felt the

weariness of exile, the Scot's longing for his own land. "Certainly to a

person of a right tone of mind if there are enjoyments in life, it must

be in our own country amongst our friends and relations. With such

conditions the bare necessaries of life are better than riches without

them.... Death is but a limited absence and you and I are much in that

state with regard to our friends at home."

It was not long before Robert Nairne's letters ceased altogether. In

1776, John Nairne received at Murray Bay the sad news that, in November

or December, 1774, his brother had been killed in a petty expedition

against some local tribesmen. A native chieftain had murdered, cooked

and eaten a rival who was friendly to the East India Company and Robert

Nairne with some natives, and only three Europeans, went up country,

through woods and bogs, to seize the offender. When there was fighting

his natives fled, and he was shot through the body. It was a pity, says

John Nairne's correspondent, Hepburn, to lose his life "in so silly a

manner." He would soon have been governor of Bencoolen and was in a way

to make "a great figure in life." Of his fortune of £6,000 John Nairne

received a part. Twenty-five years after his brother's death Nairne was

to get at Murray Bay similar news of the loss of his own son in distant

India. It has levied a heavy tribute of Britain's best blood.

In 1774 Nairne again revisited Scotland. Though no politician, he must

have heard much about the Quebec Act, then before the Imperial

Parliament. The Governor of Canada, Sir Guy Carleton, after careful

consideration of the whole question, had reached the conclusion, not

belied by subsequent history, as far as the Province of Quebec is

concerned, that Canada would always be French and that, with some slight

modifications, the French system found there by Britain should be given

final and legal status under British supremacy. So the Quebec Act was

passed in 1774. While the British criminal law was introduced, the

French civil law, including the land system under which Nairne held

Murray Bay, was left unchanged. The Bill gave the Church the same

privileged position that it had enjoyed under Catholic sovereigns. The

tithe could be collected by legal process; taxation for church purposes

voted by the parochial authority called the _fabrique_ was as compulsory

as civil taxes, unless the person taxed declared that he was not a Roman

Catholic; and the whole ecclesiastical system of New France was

supported and encouraged. The Bill caused much irritation in Protestant

New England, which saw some malicious design in the establishment of

Roman Catholicism on its borders. The Continental Congress of 1775

denounced the Quebec Act, and even the Declaration of Independence has

something to say about it.

It is obvious that Nairne disliked the Bill. His irrepressible friend,

Gilchrist, wrote giving a picture of its probable dire social results,

upsetting all domestic relations between the two races. The Bill, says

Gilchrist, "is the most pernicious [that] could have been devised. Judge

of the Fêtes now that the fools have got the sanction of the British

Parliament to their beggaring principles. It is not clear that your

Protestant servants will [even] be allowed to work upon their [the Roman

Catholic] idle days. What would you and I think on being told by these

black rascals [the priests are meant of course] that our people, I mean

Protestants, durst not obey our orders without a dispensation from

them?"

The social consequences of the Quebec Act did not prove as revolutionary

as Nairne's animated correspondent feared. Less than is usually supposed

did the habitant like it since it placed him again under the priest's

and the seigneur's authority, suspended since the British conquest. To

the English colonies it added one to other causes of friction that boded

trouble to the British Empire. In the previous year the people of Boston

had defied Britain, by throwing into their harbour cargoes of tea upon

which the owners proposed to pay a hated duty, levied by outside

authority. The Quebec Act brought a final rupture a step nearer and at

last there was open war. "The colonists have brought things to a crisis

now, indeed;" wrote Gilchrist; "the consequences must be dreadful to

them soon and I am afraid in the end to our country." To Great Britain

indeed disastrous they were to be and soon the seigneur of Murray Bay

was busy with his share in preparing for the conflict.

[Footnote 7: The Lake is no doubt Lake Nairne, the present Grand Lac.]

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