Jean Talon - Providing Administration and Internal Order

Providing Administration and Internal Order

Under his commission, Talon had the right to "judge alone and with full jurisdiction in civil matters," to "hear all cases of crimes and misdemeanours, abuse and malversation, by whomsoever committed" to "proceed against all persons guilty of any crime, whatever might be their quality or condition, to pursue the proceedings until final completion, judgment and execution thereof."

Talon wished to make justice speedy, accessible to all and inexpensive. He proposed a three level system. In each parish, judges would be established to hear all civil cases involving not more than ten livres. Appeals for decisions given by the local judges could be taken to four judges based in Quebec. Final appeal was made to the Sovereign Council, which acted as a court. In 1669 Talon wrote a memorandum in which we find these words: "Justice is administered in the first instance by judges in the seigneuries; then by a lieutenant civil and criminal appointed by the company in each of the jurisdictions of Quebec and Three Rivers; and above all by the Sovereign Council, which is the last instance decides all cases where an appeal lies" Talon attempted to establish a method of settlement out of court. He also introduced an equitable system of land registration.

At that time, the Sovereign Council functioned as the legislature, the executive, the courts of justice and various commissions. One of the most important laws established by the Sovereign Council under Talon’s guidance was that concerning the importation of liquor and the establishment of the brewing industry. The decree stated that immoral self-indulgence was caused by importation of great quantity of liquor from France. Talon thought that establishment of breweries in the colony would solve the problem of immoderate use of alcohol. The breweries would also support colony's agriculture in wheat.

In 1667, the Sovereign Council inspired by Talon discussed the formation of a company of Canadians to secure the exclusive privilege of trading. The charter granted the commercial monopoly to the West India Company. In 1668, the council sent a letter asking for freedom of trade to Colbert. The colonists had suffered from high prices and lack of availability in necessary goods. This was detrimental to the colony.

The sale of liquor to the Indians had always been prohibited in the colony. In 1657, the prohibition had been renewed and ratified under a decree of the King’s State Council. In 1663, the Sovereign Council established a law prohibiting indirect or direct selling or giving of brandy to Indians. Jean Talon supported the Sovereign Council's decisions in the beginning. However, he was becoming more and more impressed by the material benefits and less convinced of its moral danger. He came to consider prohibition of the liquor traffic as a mistake, damaging to the trade and progress of the colony and to French influence over the Indian tribes. His earnest desire for the prosperity of the colony misled him to make the wrong judgment and brandy trafficking was accepted and approved.

The climate was severe and Talon's health was deteriorating. Talon asked twice for his recall back to France. He had family matters to take care of and he wanted relief from his difficulties with the governor and the spiritual authorities. Louis XIV gave him leave to return to France and Claude de Bouteroue was appointed to take over his duties. Talon left Quebec in November 1668.