A Canadian Manor and Its Seigneurs: The Story of a Hundred Years, 1761-1861Wrong, George McKinnon
History
A Canadian Manor and Its Seigneurs: The Story of a Hundred Years, 1761-1861
Wrong, George McKinnon
La Malbaie (Québec); Nairne family; Nairne, John, -1802
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."
Public-domain text, read in full here on John Shaqi.
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