The Great Intendant : A Chronicle of Jean Talon in Canada, 1665-1672Chapais, Thomas
History
The Great Intendant : A Chronicle of Jean Talon in Canada, 1665-1672
Chapais, Thomas
Canada -- History -- To 1763 (New France); Intendants -- Canada -- Biography; Talon, Jean, comte d'Orsainville, 1625?-1694
In the preceding chapter a sketch has been given of
Talon's endeavours to promote colonization, agriculture,
shipbuilding, and commerce, to increase the population,
and to foster generally the prosperity of New France.
Let us now see how he provided for the good administration
and internal order of the colony.
In 1666 he had prepared and submitted to Tracy and
Courcelle a series of rules and enactments relating to
various important matters, one of which was the
administration of justice. Talon wished to simplify the
procedure; to make justice speedy, accessible to all,
and inexpensive. In each parish he proposed to establish
judges having the power to hear and decide in the first
instance all civil cases involving not more than ten
livres. In addition, there would be four judges at Quebec,
and appeals might be taken before three of them from all
decisions given by the local judges--'unless,' Talon
added, 'it be thought more advisable to maintain the
Sieur Chartier in his charge of lieutenant-general, to
which he has been appointed by the West India Company.'
It was decided that M. Chartier (de Lotbiniere) should
be so maintained, and he was duly confirmed as lieutenant
civil et criminel on January 10, 1667. He had jurisdiction
in the first instance over all cases civil and criminal
in the Quebec district and in appeal from the judgments
of the local or seigneurial judges. The Sovereign Council
acted as a court of appeal in the last resort, except in
cases where the parties made a supreme appeal to the
King's Council of State in France. In 1669 Talon wrote
a memorandum in which we find these words: 'Justice is
administered in the first instance by judges in the
seigneuries; then by a lieutenant civil and criminal
appointed by the company in each of the jurisdictions of
Quebec and Three Rivers; and above all by the Sovereign
Council, which in the last instance decides all cases
where an appeal lies.' At Montreal there was a lieutenant
civil and criminal appointed by the Sulpicians, seigneurs
of the island. In 1667 there were seigneurial judges in
the seigneuries of Beaupre, Beauport, Notre-Dame-des-Anges,
Cap-de-la-Magdeleine.
It is interesting to find that Talon attempted to establish
a method of settlement out of court, the principle of
which was accepted by the legislature of the province of
Quebec more than two centuries later. What was called
the amiable composition of the French intendant may be
regarded as a first edition of the law passed at Quebec
in 1899, which provides for conciliation or arbitration
proceedings before a lawsuit is begun. [Footnote: 62
Vict. cap. 54, p. 271.] Talon also introduced an equitable
system of land registration.
Public-domain text, read in full here on John Shaqi.
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