| Canada under the Crown. |
We may take it then that, in 1663, Canada in effect passed to the French King and became what would now be styled a Crown Colony. Strong hands ministered to it, and it grew in strength. New France was fostered, was ruled and organized, was supplied, though sometimes sparingly, with means of defence and offence. It was developed on rigidly prescribed lines. It was given a social and political system. Capable and enterprising men were concerned in making its history, and its history was made on a distinct type imported from the Old World, and little modified by the New. What this system was, and how far under it the colonists were able to cope with their coloured foes, will be told in the remaining pages of this chapter.
| The Government of Canada. The Supreme Council. |
The Government of Canada was a despotism. Under the King of France, whose word was law, the whole power was centred in the Governor, the Intendant, and the Council, known at first as the Supreme Council, afterwards as the Superior or the Sovereign Council. This Council was created by royal edict in April, 1663. It was at once a legislative body, and a High Court of Justice. It consisted of the Governor, the Intendant, the bishop, and five other councillors, afterwards increased to seven, and again to twelve. The councillors were appointed by the King, and held office usually for life. They deliberated, they legislated, they judged, they wrangled among themselves; they followed the lead of Governor, Intendant, or bishop, according as one or the other was strongest for the time being, and the strongest for the time being was the man who had the ear of the King and his minister.
| The law of Canada. The courts of justice. |
The law of the land was the Customary Law of Paris, supplemented by three kinds of ordinances. There were the royal edicts sent out from France and registered by the Council in Canada; there were the decrees made by the Council; and in the third place, there were the ordinances of the Intendant, who was invested with legislative authority by the King. The Council, as has been stated, was a judicial as well as a legislative body. It was the court of appeal for the colony, and in early days it was also a court of first instance. There were minor courts of justice, too, established by the Council, and three judges of the three districts of Quebec, Three Rivers, and Montreal respectively, appointed by the King. In addition, the feudal Seigniors3 of Canada exercised a petty, and usually little more than nominal, jurisdiction among their vassals, while the Intendant enjoyed extensive judicial powers, emanating from and subordinate to the King alone.
3 The judicial powers of the Seignior varied. In a very few cases the Seignior could administer haute justice, i.e. try crimes on the Seigniory which were punishable with death. For all important cases there was right of appeal. See Kingsford's History of Canada, vol. i, p. 365, and Parkman's Old Régime in Canada (14th ed.), pp. 252, 269.
| The Governor. |
The highest executive officer was the Governor. He had control of the armed forces, and was responsible for the peace and safety of New France. He called out the militia when he thought fit; foreign policy and native policy were in his charge. In old and troubled times distance gave to the Governors of colonies and provinces actual power far exceeding the terms or the intent of their commission. They were the men on the spot. They held the sword; and, when a serious crisis arose, their word was obeyed. Especially was this the case in Canada, cut off for half the year from communication with France, and girt with foreign and with savage foes. Few years passed without wars or rumours of wars. Each Canadian settlement was a garrison; and strength, if not full authority, tended to centre in the hands of the commander of the forces, the trained soldier who held for the time the Governorship of Canada.
| The Intendant. |