Crusaders of New France: A Chronicle of the Fleur-de-Lis in the Wilderness; Chronicles of America, Volume 4Munro, William Bennett
History
Crusaders of New France: A Chronicle of the Fleur-de-Lis in the Wilderness; Chronicles of America, Volume 4
Munro, William Bennett
Canada -- History -- To 1763 (New France); New France -- Discovery and exploration
During the next hundred years this Sovereign Council became and
remained the paramount civil authority in French America. At the
outset it consisted of seven members, the governor and the bishop _ex
officio_, with five residents of the colony selected jointly by these
two. Beginning with the arrival of Talon as first intendant of the
colony in 1665, the occupant of this post was also given a seat in the
Council. Before long, however, it became apparent that the provision
relating to the appointment of non-official members was unworkable.
The governor and the bishop could not agree in their selections; each
wanted his own partisans appointed. The result was a deadlock in which
seats at the council-board remained vacant. In the end Louis Quatorze
solved this problem, as he solved many others, by taking the power
directly into his own hands. After 1674 all appointments to the
Council were made by the King himself. In that same year the number of
non-official members was raised to seven, and in 1703 it was further
increased to twelve.[1] At the height of its power, then, the
Sovereign Council of New France consisted of the governor, the
intendant, the bishop, and twelve lay councilors, together with an
attorney-general and a clerk. These two last-named officials sat with
the Council but were not regular members of it.
[Footnote 1: Its official title was in 1678 changed to Superior
Council.]
In the matter of powers the Council was given by the edict of 1663
jurisdiction over all civil and criminal matters under the laws and
ordinances of the kingdom, its procedure in dealing with such matters
to be modeled on that of the Parliament of Paris. It was to receive
and to register the royal decrees, thus giving them validity in New
France, and it was also to be the supreme tribunal of the colony with
authority to establish local courts subordinate to itself. There was
no division of powers in the new frame of government. Legislative,
executive, and judicial powers were thrown together in true Bourbon
fashion. Apparently it was Colbert's plan to make of the governor
a distinguished figurehead, with large military powers but without
paramount influence in civil affairs. The bishop was to have no civil
jurisdiction, and the intendant was to be the director of details. The
Council, according to the edict of 1663, was to be the real pivot of
power in New France.
Public-domain text, read in full here on John Shaqi.
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