Canada and the States

by Sir E. W. Watkin

"Montreal is a flourishing town of 50,000 inhabitants. It is built upon an island formed by the confluence of the St. Lawrence and the Ottawa. The 'island' belonged to the Catholic priesthood of the place, who still exercise rights over it similar to those of the 'lords' in cases of English copyholds, and who obtain an annual revenue of some 30,000_l_. or 40,000_l_. from it. The city was founded about 250 years ago, and has still many of the features of a French town, though the improvements of the last twenty years, by obliterating single story and wooden houses from the best quarters, have altered its character. In old times it was the depot for the great fur trades. Now, however, it receives its furs almost entirely back from England, to which country the Hudson's Bay Company send their whole supply, to be dressed and prepared for re-exportation. It is the commercial emporium of this district; and, though it has suffered from the equalization of duties, it is now recovering. The facilities for communication with the United States, by the systems of railroad made and making, which may bring it within twelve hours of Boston and New York, will doubtless urge forward its prosperity.

* * * * *

"Montreal has considerable general commerce, commanding, as it does, the St. Lawrence, now connected by railway directly with the United States, and being at the outlet of the Ottawa river district. The island upon which it stands is some thirty miles long, and contains much fine and valuable land, mostly under cultivation, and abounding in good farms and gardens, and fine orchards. From the 'Mountain' above Montreal, a splendid view is obtained of the St. Lawrence and its wooded shores; the dark forests of the Ottawa valley; the fine bright lands of the islands; the city, and its villaed suburbs. In the distances, north and south, the 'green mountains' of Vermont, and the distant summits which separate the cultivated parts of Lower Canada from those far-off and savage regions, in which the trappers of the Hudson's Bay Company and some scattered Indians are the sole monarchs of the woods—are visible. There can be no view more beautiful, few more extensive. It gives all the peculiarities of this North American scenery in its largest and finest features. And seen again from the high towers of the Catholic Cathedral (the cathedral will hold several thousand people, and is the largest church in Canada), to which I mounted, up 268 steps, it again delights the eye with its extent and beauty. From this latter point, too, the St. Lawrence is seen just below, and you may watch the rushing of the nearest rapids, and the struggles and windings of the boats and steamers, in passing on their upward voyages.

"Montreal and Quebec (more especially) have the distinctive features of French towns with many of the peculiarities of English ones. Here is the well-known countenance of the northern parts of France. Carts such as might have been seen, no doubt, hundreds of years ago in France. The Norman breed of horses: small, round, strong, and enduring. Every other signboard presents a French name; the blacksmith styling himself 'forgeron;' the baker, 'boulanger;' the ladies' attendant, 'sage- femme;'—and so on. The professional man generally has two plates upon his door:—one telling you that he is 'M. Charles Robert,' 'avocat;' and the other, that he is 'Mr. C. Robert,' 'attorney at law.' In the 'Cote des Neiges,' behind the mountain, at Montreal, and in the suburb or quarter 'St. Henry,' this French appearance is universal. 'Notre Dame des Neiges,' in the former, with its gaudily painted inside and unpretending outside, its wooden roof and tin-covered steeple, would recall to you the wooded districts of France; and the houses in both quarters, the people with their 'bonnets rouges' (as distinguished from the 'bonnets bleus' and 'bonnets gris' of the Quebec district), and innocence of English and English ways of living, working, farming, and thinking, are even more French than the French themselves. Indeed, so little have they changed since the settlement of the country two hundred years ago, that they speak the French of that time without the alloy since introduced into the language. Their old modes of farming are still in vogue; and they despise all change, satisfied to live in quiet and simple comfort, without the worry of improvements. In the Quebec district the farmers singe their pigs when they have killed them, and despise the use of hot water. Just as farmers do in Normandy, and in some parts of the south of England. This pig-singeing is a great event; and on one occasion during the Rebellion, the singeing of two or three pigs on a hill-side at night, caused the Quebec garrison and the country volunteers to turn out, under the belief that the light seen was that of a beacon fire, and that the enemy were at hand.

"Montreal, and Quebec also, abound in fine Catholic churches, and the streets swarm with comfortable-looking priests, dressed in black cassocks and bands, and wearing big-buckled shoes and broad-brimmed hats.

"The difference in language, customs, and religion, divides the population into two distinct sections, and is a bar to united effort and to the improvement of the country; which nevertheless does improve in spite of this difficulty, though not as rapidly as it might and ought. I did not fully appreciate this until I visited the Superior Law Court, then sitting in Montreal. This court is held, during the erection of the new court-house, in the old, low-walled, high-roofed, building in which the French Government conducted their public affairs a hundred and fifty years ago. In this building, in 1839, the Privy Council decided to place the country under martial law, and the proclamation was issued from it.

"The judges sitting when I visited the court were Smith, Van Feloon, and Mondelet, the latter a French Canadian. The first case argued was a long-pending one between Sir John Stewart and an architect, who had superintended the erection of some buildings on one of Sir John's farms. The counsel were not over clever, but sufficiently verbose, and full enough of 'instances,' both ancient and modern. The counsel for Sir John laid great stress upon the erroneous manner in which the action had been laid, and contended that as the English form of' assumpsit' had been taken, in order to get both debt and damages, instead of a single action of damages being brought, all the consequences of the form adopted must be taken by the plaintiff, who, not having proved damages, or even stated them, must be held by the court to have made out no case, and be cast accordingly. The counsel quoted the old French law, and a French law-writer of 1700, Chardon, and also English and Canadian authorities. The French Canadian judge having, during the oration, thrown in an observation or two in English, which he did not speak over fluently, at length uttered in French a long comment upon the fallacy of the argument—which sounded strangely. The counsel for the architect went at the argument of his opponent with great vigour, stimulated by the expressed opinion of Judge Mondelet, and went back to the days of ancient Rome to show that forms of action had been difficult even in those days, having once caused a revolt. He declared that even in England they were as unsettled as ever; and wound up by propounding as a dogma, that the Canadian law was neither English, French, Roman, nor of any other precedent, but was founded upon common sense, which was the only guide and authority in the administration of it. In corroboration of this, the little black eye of Judge Mondelet brightly twinkled, and he nodded his head in dignified approbation. Judge Van Feloon, who seemed more phlegmatic, quietly settled the matter by saying, that he supposed if a man did work for another, and the other had agreed to pay him, he was entitled to the money, and that therefore the court would have to see that a bargain had been made, and the work duly performed, and then decide. The next case argued arose out of a fraudulent assignment; and in this, too, French authorities, in the old language of a hundred and fifty years since, were often appealed to—Chardon being apparently the standard book of reference. The mixture of custom evidently caused embarrassment, and it was clear that no fixed decisions could regulate disputes concerning property, while the precedents relied upon were based upon the differing laws of two separate countries—laws, perhaps, not now operating in those very countries themselves.

"The tenure of property in Lower Canada is still in part based upon the old French feudal system. There are still 'seigneurs' who hold lands, and have 'censitaires' or tenants, paying fee-rent in produce, services, and money. It is true that a law has been passed enabling a fixed commutation, in money, of these seigneurial rights; but I am told that the parties adhere in most cases to the old usage, and despise innovation.

"A singular custom, too, prevails. Parents, when old and tired of labour, assign their property to their children, or to one of them, in consideration of a string of conditions for their own maintenance and comfort, each one of which is recited in the deed with minute exactness. They stipulate usually for a house, so much meat, bread, sugar, tea, &c.; a caleche and horse to take them to church on Sundays and holidays; so much tobacco or snuff; so many gowns and bonnets, or suits of clothes and hats; and so on. These gifts lead to frequent law- suits; and one can quite understand how, in a country with large tracts of its land held upon tenures of the most complex character, under a system which has passed away even in the country from whence it came, and where to this mass of difficulty is added the cause of dispute just alluded to, the legal profession should flourish,—which I understand it does.

"Many of the public buildings of Montreal are excellent. The Bon Secours Market is a very fine building, and puts many of ours at home to shame. The Jesuits' College is large and sombre; and some of the convents and institutions are well worth a visit, both as buildings and as institutions of the place.