Laws in force in Canada, pp. 170, 171-Appointment of Judges; CHAPTER I. CANADA UNDER THE FRENCH RÉGIME. The history of parliamentary institutions in Canada commences towards the close of the eighteenth century. Whilst the country remained in possession of France, the inhabitants were never represented in legislative assemblies, and never exercised any control over their purely local affairs by frequent town meetings. In this respect they occupied a position very different from that of the English colonists in America. The conspicuous features of the New England system of government were the extent of popular power and the almost entire independence of the parent state in matters of provincial interest and importance. All the freemen were accustomed to assemble regularly in township meetings, and take part in the debates and proceedings. The town, in fact, was "the political unit," and was accordingly represented in the legislature of the colony. Legislative assemblies,1 1 Story on the Constitution of the United States (4th ed. Cooley), p.p. 113, 114, 193 n.; Bourinot's Local Government in Canada, in Johns Hopkins University Studies in Historical and Political Science, Baltimore, 1887. indeed, were the rule in all the old colonies of England on this continent-even in proprietary governments like that of Maryland. On the other hand, in the French colony, a legislative system was never enjoyed by the inhabitants. The first government which was established by Samuel Champlain, the founder of Quebec, was invested with large authority. For over half a century, whilst the country was practically under the control of trading corporations, the governor exercised all the powers of civil and military government, necessary for the security and peace of the colony. Though he had the assistance of a council, he was under no obligation whatever to follow its advice, on all occasions. After some years' experience of a system of government which made the early governors almost absolute, Colbert effected an entire change in the administration of colonial affairs. From 1663, the government of Canada was brought more directly under the control of the king, and made more conformable to the requirements of a larger population. But in all essential features the government resembled that of a French province. The governor and intendant were at the head of affairs and reported directly to the king. Of these two high functionaries, the governor 1 Garneau I., 87 (Bell's Translation). The "Instructions" in the early commissions ordered: "And according as affairs occur, you shall, in person, with the advice of prudent and capable persons, prescribe-subject to our good pleasure-all laws, statutes and ordinances; in so far as they may conform to our own, in regard to such things and concernments as are not provided for by these presents." 2 The governor was styled in his commission, "Gouverneur et Lieutenant-Général en Canada, Acadie, Isle de Terre Neuve, et was the superior in position; he commanded the troops, made treaties with the Indians, and took precedence on all occasions of state. The intendant came next to him in rank, and, by virtue of his large powers, exercised great influence in the colony. He presided at the council, and had control of all expenditures of public money. His commission also empowered him to exercise judicial functions, and in certain cases to issue ordinances having the force of law whenever it might be necessary.1 When the king reorganized the government of Canada, in the month of April 1663, he decreed the establishment of a supreme council at Quebec. This body, afterwards called the superior council, consisted of the governor, the bishop, the intendant and five councillors, subsequently increased to seven, and eventually to twelve. This council exercised legislative, executive and judicial powers. It issued decrees for the civil, commercial, and 3 autres pays de la France Septentrionale;" and the intendant, "Intendant de la Justice, Police et Finances en Canada," etc. Doutre et Lareau, Histoire du Droit Canadien I., 130. 1 See Commissions of Intendants in Edits et Ordonnances, III. 2 Edit de création du conseil souverain de Quebec, Ib. I. 37. 3 In 1675, when the king confirmed the decree of 1663 (I. Ib. 83), and revoked the charter of the West India Co., to which exclusive trading privileges had been conceded in 1664. Doutre et Lareau, Histoire du Droit Canadian I., 118, 184. 4 In 1703. The councillors were rarely changed, and usually held office for life. They were eventually chosen by the king from the inhabitants of the colony on the recommendation of the governor and intendant. The West India Co. made nominations for some years. The first council, after the edict of 1663, was selected by the governor and bishop, but practically by the latter, Monseigneur Laval. Parkman, pp. 135-6. financial government of the colony, and gave judgment in civil and criminal causes according to the royal ordinances and the coutume de Paris, besides exercising the function of registration borrowed from the Parliament of Paris. An attorney-general sat in the council, which was also empowered to establish subordinate courts throughout the colony. From the decisions of the intendant or the council there was no appeal except to the king in his council of state. Local governors were appointed at Montreal and Three Rivers, but their authority was very limited; for they were forbidden to fine or imprison any person without obtaining the necessary order from Quebec. Neither the seigneur nor the habitant had practically any voice whatever in the government; and the royal governor called out the militia whenever he saw fit, and placed over it what officers he pleased. Public meetings for any purpose were jealously restricted, even when it was necessary to make parish or market regulations.1 No semblance of municipal government was allowed in the town and village communities. Provision had been made in the constitution 1 Il ne laisse pas d'être de très grande conséquence de ne pas laisser la liberté au peuple de dire son sentiment. (Meules au Ministre, 1685.) Even "meetings held by parishioners under the eye of the curé to estimate the cost of a new church seem to have required a special license from the intendant." (Parkman, The Old Régime in Canada, p. 280.) "Not merely was the Canadian colonist allowed no voice in the government of his province or the choice of his rulers, but he was not even permitted to associate with his neighbour for the regulation of those municipal affairs which the central authority neglected under the pretext of managing." Lord Durham's R., p. 10. |