Lord Elgin eBook

This eBook from the Gutenberg Project consists of approximately 228 pages of information about Lord Elgin.

Lord Elgin eBook

This eBook from the Gutenberg Project consists of approximately 228 pages of information about Lord Elgin.

It took nearly a century after the conquest before it was possible to abolish a system which had naturally become so deeply rooted in the social and economic conditions of the people of French Canada.  As the abuses of the tenure became more obvious, discontent became widespread, and the politicians after the union were forced at last to recognize the necessity of a change more in harmony with modern principles.  Measures were first passed better to facilitate the optional commutation of the tenure of lands en roture into that of franc aleu roturier, but they never achieved any satisfactory results.  LaFontaine did not deny the necessity for a radical change in the system, but he was too much wedded to the old institutions of his native province to take the initiative for its entire removal.  Mr. Louis Thomas Drummond, who was attorney-general in both the Hincks-Morin and MacNab-Morin ministries, is deserving of honourable mention in Canadian history for the leading part he took in settling this very perplexing question.  I have already shown that his first attempt in 1853 failed in consequence of the adverse action of the legislative council, and that no further steps were taken in the matter until the coming into office of the MacNab or Liberal-Conservative government in 1854, when he brought a bill into parliament to a large extent a copy of the first.  This bill became law after it had received some important amendments in the upper House, where there were a number of representatives of seigniorial interests, now quite reconciled to the proposed change and prepared to make the best of it.  It abolished all feudal rights and duties in Lower Canada, “whether hearing upon the censitaire or seigneur,” and provided for the appointment of commissioners to enquire into the respective rights of the parties interested.  In order to enable them to come to correct conclusions with respect to these rights, all questions of law were first submitted to a seigniorial court composed of the judges of the Queen’s Bench and Superior Court in Lower Canada.  The commissioners under this law were as follows:—­

   Messrs. Chabot, H. Judah, S. Lelievre, L. Archambault, N. Dumas, J.G. 
   Turcotte, C. Delagrave, P. Winter, J.G.  Lebel, and J.B.  Varin.

The judges of the seigniorial court were:—­

   Chief Justice Sir Louis H. LaFontaine, president; Judges Bowen,
   Aylwin, Duval, Caron, Day, Smith, Vanfelson, Mondelet, Meredith,
   Short, Morin, and Badgley.

Provision was also made by parliament for securing compensation to the seigniors for the giving up of all legal rights of which they were deprived by the decision of the commissioners.  It took five years of enquiry and deliberation before the commissioners were able to complete their labours, and then it was found necessary to vote other funds to meet all the expenses entailed by a full settlement of the question.

Copyrights
Project Gutenberg
Lord Elgin from Project Gutenberg. Public domain.