New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-05-17
The Feudal Tenure.

| MONTREAL, Thursday, May Q.
Your readers seldom come across the journals
| published in French for the use Of the Lower
Canadian population, for the like reason that our
"Habitants" have little personal acquaintance
with your people-from not comprehending the
Anglo-Saxon tongue. Separate nationaities have
created no spirit Of generous rivalry and emulation.
| We dwell alongside of each other, but community
Of sentiment and sympathy is little felt; We can
not approach the "habitants with our IDEAS; we
cannot defend our opinions refute our calum
nators, because the vehicle for the transmission of
our thoughts is an English paper. Our sources of
Information are necessarily confined to the pages
of the French journals and the casual opportunities
which an extensive acquaintance with the French
Canadians furnish.
The absorbing topic Of discussion in all the Seign-
tories is the feudal tenure, and the organization
which the ardent advocates Of emancipation have
established extends over four hundred miles of
country, sweeping both banks of the ST. Lawrence.
Your readers may inquire what do the opponents
of the Seignoria tenure ask! To answer the query
it is merely requisite to take up any one Of the
thousand sets of resolutions propounded and unau-
mously carried at like number of public meetings
Let Us take at random the Second Municipality
the County OF Rimouski, held in the Parish of St
! German de Rimouski. The Municipal Council
claim that the rents upon lands conceded should
be reduced To the original tariff of concessions To
explain the nature OF this grievance you must be
I told that when France, from the days Of Colbert
| down TO the Conquest, created a Seigniory in
Canada, and made donation of the same TO a
Seignior. He was eDjoined by bis title to concede
bis land, in tracts usually Of three acres front by
thirty TO eighty acres In Depth at yearly rent not
exceeding one-hith of penny per acre, or rather
per arpent, the measure expressed in the title IL
has come about either through accident or some less
creditabie cause that the ordinance of the French
! King regulating the rate of concession, has been
mutlated, efsced or iHterpoated, whereby the
! SelgDleurs OF the present day, liberated from the
| original conditions under which the titles were
eran ed, assume and have for years past asserted
the right TO charge any rent they thought proper or
10 refuse 10 COnCede the land at all Take the
Seigliory of Beauharnois IN illustration 1t was
purchased by the Right Hon. f. Ellice, who subse
quenily resold II 70 London Company There are
100000 acres IN the hands Of the present Segneucs
IN state of nature, from whence they derive an
income by the sale OF timber. Now in Beaubsr-
nos almost all the concessions have Of late years
been made at an annual rent of sixpence, or ten
cents, per acre, instead of oneffth OF penny; in
other words, the Segnieurs pocket thirty times
more than they ought. You will thus perceive the
strong motives which impel the demand for a re.
turn to the original rate of concession or to quote
the Rimouski form, "Que cest lopiuion de ce con.
sell que les rentes dolven ctre ramenees aux taux
des concessions primitives." The next proposition
OF the anti ieaudalsts is to abate the 'drot de re.
trait. The drot de retrait implies the right of
the Seignieurs, when any property has been sold
in his Seignioy, whether by private contract, that
is by " acte before Notary, or by the Sheriff in
virtue OF writ de ferris to step into the place
ofthe purchaser at any time within forty two DAYS
subsequent ~ of sail He he's
weeks clear, for consideration and reflection, wthn
which to decide whether it would or would not be |
for bis interest 10 pay the amount for which the |
property was sold. This "droit de retrat ia an
essential incident IN a system which charges land |
at each mutation, whether private sale or a com.
Pu'sory one, 10 satisfy creditor, with o1s ct
Nentes, mother words, what is called fine un-
ger the English land tenure. The "lods et yentes -
amount 10 one twelfth OF the purchase mooe. and
70 'hst twellth the Seignieur Is entitled Hence If
through collision the parties DESTROYS of avoiding
'ne pay ent oil one-tweh Of the real Uaiue of the
properly agree together TO set forth lower valna
IN the deed Of sale. the Seignieur. To whom, ,6a
Notary IS bouHd to furnish copy or the pnrchosa,
percelvlng the reduced price, can claim bv r~er,r'
ence-save with few exceptions-the riebt -
lake the property ut the price stated. The dro;t
Se reuaH Is an lnquisito1al, impertinent and OF.
fensive power, and some propretors make a mir.
OF abstainlng from the exercise of the rich, - Il
Ter ereedler and more selfish men preserve II m
impaired If an incident in the development 81, ha
rights acquired by the lods ct ventes" proves oh,
jectionable, the parent must be more obnoxim.
than the bantling Such is the fact; the crv of
" Down with the Seignieurs, is echoed from Re.
mouski TO Rigeaud, and the virulence and bittsr.
ness OF that cry may be traced to the "lods ct
ventes." The motive which suggested the iut-o.
duction Of the right originally, seems plausible.
When population was sparse land redundant, ana
Seigneurs had at much expense imported colonists
ana established them on lands the l0ds ct vcntes'
or fine Of 6. per cent checked sales and invested
the Segnieurs with selection, as where the buyer
was Objectionable he could assume his stead: bat
during the last ninety years which have elapsed
SINCE the Conquest. ods ct ventes " have come 10
he considered MS little better than fraud an imp
sitor, an extoron. In cities, the injustice of the
night exercised presented such SIariog faults that
popular ciamor compelled its abatement But
cases did occur where the original vHlue Of the
iand, which had not exceeded $500 when unim-
proved, became augmented by ba'lliug to the
'aue OF slsO00, and upon a sale the Segnieur
cslmed bis one twelfth for lods ct venies7 thus
Pii.rng the wealth which industry had created
snd N'o atng the spirit OF the law which sanctioned
the ex,mton.
The Feedai Tenurr-Session of Parliament.
Correspondence OF The Tfoan.
MONTREAL Friday, May To- 1850