164

LOWER CANADA —GOVERNMENT AND MILITARY.

sion to fiefs is different from that of property held en |
roture or by villenage. The eldest son, by right,
takes the château, and the yard adjoining it; also an
arpent of the garden joining the manor-house, and
the mills, ovens, or presses within the seigniory be-
long to him; but the profit arising from these is to
be divided among the other heirs. Females have no
precedence of right, and when there are only daugh-
When
ters, the fief is equally divided among them.
there are only two sons, the eldest takes two-thirds
of the lands, besides the château, mill, &c., and the
When there are several sons,
younger one-third.
the elder claims half the lands, and the rest have the
Censive is an estate
other half divided among them.
held in the feudal manner subject to the seigniorial
fines or dues. All the Canadian habitans, small farmers,
are censitaires. Property, according to the laws of
Canada, is either propre, that is, held by descent, or
acquits, which expresses, being acquired by industry
Communité du bien is partnership
or other means.
in property by marriage; for the wife, by this law,
becomes an equal partner in whatever the husband
possessed before, and acquires after marriage, and the
husband is placed in the same position in respect to
the wife's dowry. This law might operate as well as
most general laws do, if both mari and femme died on
the same day; but very unhappy consequences have
arisen when one has predeceased the other. For in-
stance, when the wife dies before the husband, the
children may claim half of the father's property, as
heirs to the mother; and the mother's relations have
often persuaded, and sometimes compelled them so
to do. [It has been justly observed, that it would
have been almost impossible to have formed a law
more fruitful of family discord, or more destructive of
that affection which ought to subsist between parents
and children. So fully sensible, in fact, are the most
simple habitans of the unhappy operation of this law,
that scarcely any of them marry without an ante-nup-
tial contract, which bars the communité du bien.]

The dot, or dowry, is the property which the wife
puts into the communité du bien: moveable or im-
moveable property, falling to her by descent, is a
propre, and does not merge in the communité. Dower
in Canada, is either customary or stipulate. The first
consists of half the property which the husband was
possessed of at the time of marriage, and half of all
the property which he may inherit or acquire-of
this the wife has the use for life, and the children may
If they be not of age, the
claim it at her death.
wife's relations, as guardians of the children, can
take it out of the father's hands, and may compel him
to sell his property and make a division. Stipulated
dower is a portion which the husband gives instead of
the customary dower.

Those farmers who hold land from the seignieur en roture, and who may be termed tenanciers or censitaires, are subject to certain conditions, viz. a small annual rent, from 2s. 6d. to 5s. (or perhaps more of late years) for each arpent in front; [The Canadian farms are remarkable for the small breadth of the farm on the bank of the river, and its great depth inland; the latter being often in proportion to the former as sixty to one; namely, half an arpent broad in front of the St. Lawrence, or other river, and 30 arpents in depth.] to this are added some articles of provision annually, such as a pig or goose, or a few fowls, or a bushel of wheat, according to the means of the farmer, who is also bound to grind his corn at the moulin banal, or the seignieur's mill, when onefourteenth is taken for the lord's use, as mouture or

payment for grinding. The lods et ventes form another part of the seignieur's revenue: it consists of a right to one twelfth part of the purchase-money of every estate within his seigniory, that changes its owner by sale, or other means equivalent to sale: this twelfth to be paid by the purchaser, and is exclusive of the sum agreed on between the latter and the seller, and if promptly paid, a reduction of one-fourth is usually made, in the same manner as two-thirds of the quints due to the Crown are deducted on prompt payment. On such an occasion, a privilege remains with the seignieur, but is seldom exercised, called the droit de retrait, which confers the right of preemption at the highest price offered, within 40 days after the sale has taken place.

All the fisheries within the seigniories contribute also to the lord's income, as he receives a share of the fish caught, or an equivalent in money; the seignieur is also privileged to fell timber any where within his seigniory, for the purpose of erecting mills, constructing new or repairing old roads, or for other works of public and general utility. In addition to the foregoing burdens on the farmer, he is, if a Roman Catholic, bound to pay to his curate one twenty-sixth part of all grain produced, and to have occasional assessments levied on him for building and repairing churches, parsonage houses, &c.

The duties of the seignieur to his tenants are also strictly defined, he is bound in some instances to open roads to the remote parts of his fief, and to provide mills for the grinding of the feudal tenants' corn; he cannot dispose by sale of forest lands, but is bound to concede them; and upon his refusal to do so, the applicant may obtain from the Crown the concession he requires, under the usual seignorial stipulations, in which case the rents and dues appertain to the King. The Position and Extent of the Seignorial Grants, are:

Territorial Division.

Number of seig.

niories.

costi and other Isles.... Montreal and Islands...

Quebec, including Anti-} 79

63

Extent of Seig

niorial Grants.

Arpents. Acres.

Almost unfit for

cultivation in the Seigniories and

Fiefs.

500000

25

5639319 5656699 2600000
3269966 2786011)
1220308 1039707

400000

1 1547086 1318117

600000

Total

Three Rivers and St. Fran-}
cis, &c........
Gaspé and Isles...

For lands granted on free and common soccage tenures since 1796, see Appendix.

Lower Canada is in the possession of an extensive militia. In 1807, the militia men bearing arms, consisted of 50,000 able-bodied soldiers, with a due proportion of officers; and belonging to themselves, (i. e. independent of the arms furnished by government) 10,000 muskets. From this period to 1815, their numbers were little increased; but from a report of a special committee of the Assembly appointed to enquire into the state of the militia, which report, printed at Quebec, is now before me, I find the state of the militia to be, in 1827, as follows:

The head-quarters of the Commissariat, and other | very extensive, and in excellent order; and the seve military departments, for Upper and Lower Canada,ral departments of the army, medical, commissariat, are in the Lower Province. The naval station of our &c. are well attended to. North American colonies is Halifax, Nova Scotia.

The barracks at Quebec (formerly the Jesuit's College,) which the troops at present occupy, are situate nearly in the centre of the Upper Town, forming the west side of the Market-square, of a quadrangular figure, built of stone, three stories high, with a considerable open space in the centre, and capable of containing 1,500 men. The armoury at Quebec is Comparative Yearly Statement of the

XI. When conquered, the income of Lower Canada was very trifling; in 1807, it amounted to about 30,000l.; in 1821-22, to about 60,000l.; in 1825,to about 90,000l.; and for the 10 years ending with 1836, the Blue Books at the Colonial Office, afford the following return, as accurately as can be collected from annual returns often varying. Revenue Collected in Lower Canada.

Duties, Imperial Act 14th 34189 24852 25974 31161 34954 30998 31688 21740 28535

16023

Ditto

ditto 35th Geo. III. 31363 18721 23348 27397 30471 30021 24993 23514 25193 Licenses under ditto

19207

3033 3069 2520 2158 2737 2809 2916 2590 2674

3602

Customs, 53d Geo. III. 19256 15997 17752, 22370 25854 27844 22210| 15021 20638
Ditto 55th Geo. III.
24275 15255 18819 22873 29302 29951 29289 13160 248071
Ditto 6th Geo. IV. and 4th 10264 5451 9805 8280 6421 6643 7398 1946 4682
Will. IV.

26770

13836 2270

Total £. 138279 101834 115410 134521 152061 159452 153032 108587 151004 129019

These duties were given up to the House of Assembly, under the promise of a Civil List being granted. + Towards improving the navigation of the St. Lawrence. Payments of the British American Land Company included, namely for 1835, 11,344l.; 1836, 6,4714. § This item includes billiard table

duties; some small duties; fines and forfeitures; and for 1836, wharfage dues at Montreal (9341.) The following is a statement of the gross annual The following are the revenues at the disposal c amount of the casual and territorial revenue, from the Crown in Lower Canada since 1828. [Report o 1818 to 1830. In the preceding table several of the Colonial Receipt and Expenditure, July 13, 1837.] following items are separated from the casual and territorial account.

Casual and

Territorial
Revenue.

Sales of land

and timber.

Duties and
Licenses

under Im-
perial Act,

14 Geo. III.
c. 88.

6578 1829, 5318

1830

1831 4581 3958

1832 4977 5008

1821 855

1025

325 2547 359,
338 2060.

1833 5664 3780
1834 5854 6317
1835 4407 (17396*

Civil List being fixed by the Assembly; but this pro- | warehouses in the United Kingdom :-Brimstone (1) rise was never fulfilled.

In addition to the above revenues, the sum of 50. sterling per annum is permanently appropriated to the expenses of the administration of justice, under The Provincial Act 53 George III. c. 9.

The local revenues of the city of Quebec, for 1836, were 44771., derived from tolls, licenses and fines; to of Montreal, 5,3491. derived from tolls. The following articles pay a duty of 71.10s. per cent. ad valorem :-Alabaster, anchovies, argol. anniseed, ber, almonds, brimstone, botargo, currants, capers, rascacoo, corks, cinnibar, dates, essence of bergamot, on, citron, roses, oranges, lavender, rosemary, ery stone; fruits preserved in sugar or brandy, figs, 15; iron in bars, unwrought and pig iron, juniper heries, incense of frankincense, lava and malta stone uilding, marble rough and worked, mosaic work, als, musk, maccaroni, nuts of all kinds, oil of ves, oil of almonds, orris root, ostrich feathers, Cres, orange buds and peel, olives, pitch, pickles in and bottles, painting, pozzolana, Parmesan cheese, Face stone, punk, prints, pearls, precious stones tot diamonds), quicksilver, raisins, sausages, anges, tar, turpentine, vermillion, vermicelli, whet

Ditto 30 per cent. Clocks and watches, leather
factures, linen, musical instruments, wires of all
ts, books and papers, silk manufactures.
Ditto 20 per cent. Glass manufactures, soap, re-
sugar, sugar candy, tobacco manufactured, cot-
a manufactures.

Do 15 per cent. Goods, wares, or merchandize
g foreign), not otherwise charged with duty by
and 4 William IV. c. 59.

The other duties paid at Quebec on British produce maybe thus summarily stated:-Sugar, 14d. per lb.; refined, Id.; tea, per lb.-Hyson, 6d.; Bohea, 4all other sorts, 4d.; coffee, per lb., 2d.; wine, brandy, or geneva, per gallon, 6d.; whiskey, tobacco manufactured, per lb., 3d.; snuff, 4d.; anto, ltd.; cocoa, per cwt., 5s. ; salt, per pk. 2d.; wupon all other goods, wares, or merchandize (not aded under the free trade goods or otherwise), 24

burr stones (1), cheese, cork (1), cider (1), dogstones (1), fruits (1), hops (1), oakum (1), ochres (1), oils, vegetables (1), pitch, pickles (1), seeds, spices (1), sago (1), sponge, sulphur (1), sausages (1), tar, tapioca (1), tallow (1), turpentine (1), wax (1), wheat flour, woods of all sorts (1).

Free goods under the provincial laws:-Apparel for private use, beef salted, butter (2), barley, beans, cattle, live stock, oats, oil (fish oil) (3), pork salted, peas, pitch (2), cheese (2), fish salted (3), fish oil (3), flax, flour, furs (2), grain of all kinds, horses, hogs, honey (2), hemp, Indian corn, potatoes, packages containing dutiable or free goods, rice, rye, resin, seeds, skins (2), tar (2), turpentine (2), wheat.

Household goods and necessaries of all kinds which any person or persons coming into this province, for the purpose of actually settling therein, shall import or bring with them for their own use, and for the use of their families.

(1) Liable to provincial duty.

(2) If foreign, liable to the foreign duty.
(3) If foreign, prohibited.

Prohibitions under Imperial Acts-the goods being of foreign produce or manufacture, and from foreign countries.

Arms, ammunition, and utensils of war, books for sale (1), base or counterfeit coin, fish dried or salted, gunpowder, train oil and oil of all sorts, blubber, fins, or skins, the produce of fish or creatures living in the sea (3).

(1) First composed or written and printed in the United Kingdom, and printed or reprinted in any other country, imported for sale, except books not reprinted in the United Kingdom within twenty years; or being parts of collections, the greater part of which had been composed or written abroad.

(3) Unless taken by British ships.

Schedule of the duties at the ports of Lower Canada, in the year 1835, distinguishing whether under Acts of the Imperial Parliament or the Colonial Legislature. Imperial Act 4th George III. cap. 15.Wines of the Madeiras or any other island or place, and from whence such wines may be lawfully imported from such island or place, per ton, 71.; all wines, expon such of these goods as are liable to the pro- cept French wines imported from Great Britain, per daty of 24 per cent. that duty is payable under ton, 10s. Imperial Act 6th George III. cap. 32.provincial law, but its amount is deducted from Molasses or syrup, per gallon, 18.; coffee, British ty payable under 3 and 4 William IV. c. 59. plantation, per cwt., 78.; pimento, ditto, per lb., 04d. any of the articles enumerated in the list of goods Imperial Act 14th George III. cap. 18.-British mastare subject to the duty of 7 per cent. shouldnufactured spirits, per gallon, 3d.; rum, &c., from the properly under any of the general denominations sugar colonies in the West Indies, 6d. ; ditto from his sa as drugs or gums, &c.) of articles duty free, Majesty's colonies in America, 6d.; foreign spirits, enumerated articles will nevertheless be free, from Great Britain, 18.; foreign rum, &c. imported thstanding their having been named in that list. from any place except Great Britain, 18.; molasses free goods, under the Imperial Acts, the goods be-imported in British vessels, or in vessels of this Proforeign produce or manufacture :-Asses, bread scat (1), beef, bacon, bullion, cattle, carriages of ders, coin, corn, cotton wool (2), cabinet makers' d), diamonds (1), dye woods (1), drugs, fruit and vegetables (1), flour, flax, fresh meat, fresh fish, or resins (1), grain, hay (1), hams, hemp, raw horses, live stock, mules, meal, pork, straw (1), , tallow (1), tortoiseshell (1), tow (1), wood amber (1), East India goods (1). Any sort of craft, food, or victuals (except spirits), 135 sort of clothing or implement, or materials, and necessary for the British fisheries in America, ted into the place at or from whence such fishery arred on, in British ships (1).

150 the following goods when imported from the

vince, 3d. ; molasses of the other British Colonies, 3d. Imperial Act 3rd George IV. cap. 119, sec. 8.-Rum of the British plantations, imported from Great Britain, per gallon, 6d. Provincial Acts rendered perma. nent by the Imperial Act George IV. cap. 119. 33rd George III. cap. 8.-Madeira wine, per gallon, 4d.; all other wines, 2d. 35th George III. cap. 9.-Foreign brandy, or other foreign spirits, per gallon, 3d.; rum or other spirits, except British manufactured spirits, imported from Great Britain, per gallon, 3d.; molasses or syrup, 3d.; Madeira wine, 2d.; all other wines, Id.; Muscovado or clayed sugar, per lb., 04d.; coffee, 2d.; leaf tobacco, 2d.; playing cards, per pack, 2d.; salt, per minot (bushel), 4d. 41st George III. cap. 14.-Snuff, per lb., 4d.; manufactured tobacco,

3d. 55th George III. cap. 2.—Bohea tea, per lb. 2d.; | souchong or other black tea, 4d.; hyson tea, 6d. ; all other green tea, Od.; spirits or other strong liquors, per gallon, Od.; all wines, Od.; molasses or syrup, Od. 53rd George III. cap. 2. Annulled by 55th George III. cap. 2. All goods imported on which a duty is not already imposed, per 100l., 21. 108. Except goods imported by the commissioners, or contractors for the use of the army or navy, or Indian

Heads of Expenditure.

Government and Justice

Printing the Laws.

Expenses of Legislature

Pay of Members .

Militia, Pensions, and Staff

Support of Hospitals

For Education

stations, or necessary articles brought by persons who intend settling in the Province.

The following table of Expenditure is collected from the Blue Books,-but the accounts vary so much in each year that it has been found difficult to prepare a consecutive statement, and the stoppage of the supplies by the late House of Assembly, has made the task more laborious.

Comparative Yearly Statement of the Expenditure.

Encouragement of Agriculture
Light Houses and Navigation

837 279

Public Buildings.

Trinity Board; &c.

Chambly Canal and others

2670 3749 20198 6698

2227 1217 1803 2051 1975 1893
3245 3650 5899 4924 5581 6202 4511
2275 1000 11959 23859 25206 29223 19939
823 1458 1323 1188
2378 10381| 14455 17591 5829
915 3539 16284 17935 15180 10278 2295
2322 3260 3272 4740 3748 4265 1610
4617 9000 13500 18000 13923 2340
13298 3845 4088 2915 2701
5405 4467 370 1620 5124
316
3728

976 1275 16994 40936 40593 11245 18207 2826
8073 5920 45109| 6148 9256 11313 10776, 10189 12054

696 92

947

Total

£97725 62327 151417 149857 171580 165474 134620 96920, 6743210011

Miscellaneous includes, for 1836, 3,6771., the purchase money of Grosse Isle as a quarantine station 6751. care of sick mariners; 3741. for Montreal gaol; 7201. for relief of distressed inhabitants; and 1,705/ expenses out of British American Land Company receipts. In 1835, the miscellany includes 9,6741. for th same object; and 1834 has 7,8771. for relief of distressed inhabitants.

+ Partial payments made only-the House of Assembly having refused the necessary supplies; th estimated amounts required were for 1833, 39,6874.; 1834, 40,130l.; 1835, 40,7177.

interpreter, Quebec, 1077.; do. do., 1021.; missionary 751.; do. do., 501.; schoolmaster, 201.; a superin tendant at Montreal, 2311.; three interpreters, 102, each; a resident, 1317.; two missionaries, 501. each and one at 451. There is nearly a similar establish ment from Upper Canada, of which the salaries ar 1,7571.; and the pensions for wounds and long ser vices, 572.; The total expense of Indian present stores, &c., for the year ending April, 1835, is 15,8561 making a grand total, in the miscellaneous Britis Parliamentary estimates, of 20,000l.

The expenditure of Great Britain on account c Canada is thus given in the B. B. for 1836.

Expenditure incurred by Great Britain for militar protection, and in aid of the civil establishments.

Commissariat. Pay of the troops, provisions, &

The increase in 1812 to 1815 was owing to the Provisions and forage, 24,1077.; fuel and light, 11,430. American war.

An annual sum is voted, in the British Parliamentary estimates for the Indians, which is thus divided between Upper and Lower Canada, for 1835. According to the Parliamentary estimates, the expense of the Indian establishment for Lower Canada, for the year ending 31st March, 1835, is 1,8131.; namely, secretary, 2391.; superintendants, 2391.;

miscellaneous purchases, 4,3701; transports, 3,7361. pay of assistant clerks, issuers, &c., commissarial 2,950.; military allowance to commissariat and ordi nance department, 3,2731.; local services, includin 6,250l., being the amount of salaries to the Ecclesi astical Establishment of Lower Canada, 7,5417.; In dian department, 17.8801.; contingencies, 4,0391. ordnance department, (exclusive of the pay of mili