foot-hills of the Rocky Mountains, to the Ohio and
Mississippi, and to the Gulf of Mexico. But while
Frenchmen in this way won eternal fame, the seigniories
were too often left in a state of savagery, and even
those
seigneurs and
habitants who devoted
themselves successfully to pastoral pursuits found
themselves in the end harassed by the constant calls
made upon their military services during the years
the French fought to retain the imperial domain they
had been the first to discover and occupy in the great
valleys of North America. Still, despite the
difficulties which impeded the practical working of
the seigniorial system, it had on the whole an excellent
effect on the social conditions of the country.
It created a friendly and even parental relation between
seigneur, cure, and
habitant, who on
each estate constituted as it were a seigniorial family,
united to each other by common ties of self-interest
and personal affection. If the system did not
create an energetic self-reliant people in the rural
communities, it arose from the fact that it was not
associated with a system of local self-government
like that which existed in the colonies of England.
The French king had no desire to see such a system
develop in the colonial dependencies of France.
His governmental system in Canada was a mild despotism
intended to create a people ever ready to obey the
decrees and ordinances of royal officials, over whom
the commonality could exercise no control whatever
in such popular elective assemblies as were enjoyed
by every colony of England in North America.
During the French regime the officials of the French
government frequently repressed undue or questionable
exactions imposed, or attempted to be imposed, on
the censitaires by greedy or extravagant seigniors.
It was not until the country had been for some time
in the possession of England that abuses became fastened
on the tenure, and retarded the agricultural and industrial
development of the province. The cens et rentes
were unduly raised, the droit de banalite was
pressed to the extent that if a habitant went
to a better or more convenient mill than the seignior’s,
he had to pay tolls to both, the transfer of property
was hampered by the lods el ventes and the
droit de retraite, and the claim always made
by the seigniors to the exclusive use of the streams
running by or through the seigniories was a bar to
the establishment of industrial enterprise. Questions
of law which arose between the seigneur and
habitant and were referred to the courts were
decided in nearly all cases in favour of the former.
In such instances the judges were governed by precedent
or by a strict interpretation of the law, while in
the days of French dominion the intendants were generally
influenced by principles of equity in the disputes
that came before them, and by a desire to help the
weaker litigant, the censitaire.