Some of these inferior courts appear to have needed a lodging quite as much as the council. The watchful Meules informs the minister that the royal judge for the district of Quebec was accustomed in winter, with a view to saving fuel, to hear causes and pronounce judgment by his own fireside, in the midst of his children, whose gambols disturbed the even distribution of justice. **
The superior council was not a very harmonious
* Meules au Ministre, 12 Nov., 1681.
** Ibid.
body. As its three chiefs, the man of the sword, the man of the church, and the man of the law, were often at variance, the councillors attached themselves to one party or the other, and hot disputes sometimes ensued. The intendant, though but third in rank, presided at the sessions, took votes, pronounced judgment, signed papers, and called special meetings. This matter of the presidency was for some time a source of contention between him and the governor, till the question was set at rest by a decree of the king.
The intendants in their reports to the minister do not paint the council in flattering colors. One of them complains that the councillors, being busy with their farms, neglect their official duties. Another says that they are all more or less in trade. A third calls them uneducated persons of slight account, allied to the chief families and chief merchants in Canada, in whose interest they make laws; and he adds that, as a year and a half or even two years usually elapse before the answer to a complaint is received from France, they take advantage of this long interval to the injury of the king’s service. * These and other similar charges betray the continual friction between the several branches of the government.
The councillors were rarely changed, and they usually held office for life. In a few cases the king granted to the son of a councillor yet living the right of succeeding his father when the charge
* Meules au Ministre 12 Nov, 1684.
should become vacant. * It was a post of honor and not of profit, at least of direct profit. The salaries were very small, and coupled with a prohibition to receive fees.
Judging solely by the terms of his commission, the intendant was the ruling power in the colony. He controlled all expenditure of public money, and not only presided at the council but was clothed in his own person with independent legislative as well as judicial power. He was authorized to issue ordinances having the force of law whenever he thought necessary, and, in the words of his commission, “to order every thing as he shall see just and proper.” ** He was directed to be present at councils of war, though war was the special province of his colleague, and to protect soldiers and all others from official extortion and abuse; that is, to protect them from the governor. Yet there were practical difficulties in the way of his apparent power. The king, his master, was far away; but official jealousy was busy around him, and his patience was sometimes put to the proof. Thus the royal judge of Quebec had fallen into irregularities. “I can do nothing with him,” writes the intendant; “he keeps on good terms with the governor and council and sets me at naught.” The governor had, as he thought, treated him amiss. “You have told me,” he writes to the
* A son of Amours was named in his father’s lifetime to
succeed him, as was also a son of the attorney-general
Auteuil. There are several other cases. A son of Tilly, to
whom the right of succeeding his father had been granted,
asks leave to sell it to the merchant La Chesnaye.
** Commissions of Bouteroue, Duchesneau, Meules, etc.