Page:American Historical Review, Volume 12.djvu/37

 The Office of Intcndant in Neiv France 2 7 tain a wealth of data which no student of the institutions of France in America can atiford to neglect. Apart from his duty of reporting to his superiors on all matters of interest in the colony, the intendant, as an independent royal rep- resentative, had a plenitude of special duties and powers. A con- venient method of classifying these is suggested by his exact title, Intendant of Justice, Police, and Finances.^ Under the general heads of judicial, police, and financial powers, then, some approach to a definite analysis of the intendant's prerogatives may be made. Judicial Powers. — The intendant's powers and duties in relation to the administration of justice in the colony may be grouped into two subdivisions, which may be termed general and special judicial authority. In the first place, he was by the terms of his commission entrusted with a general supervision over the hierarchy of colonial courts. The power of appointing or of removing the regular in- ferior judges and judicial officers was not, indeed, vested in hi.s hands. The royal judges at Quebec, Montreal, and Three Rivers held their appointments from the king, as did the attorneys and clerks connected with these royal courts ;- and seigniorial judges were ap- pointed by the seigniors. The intendant was, however, by the terms of his commission instructed to keep close watch on the doings of all these officers, and was authorized to intervene whenever it was necessary to prevent miscarriage of justice. This was not an easy thing to do, especially since the officials of justice were not respons- ible to him. One intendant complained bitterly of his real lack of authority over the royal judge at Quebec: " I can do nothing with him ", he wrote, " for he keeps on good terms with the governor and council and pays no heed to me."^ By the tenns of his com- mission, moreover, the intendant was empowered to call before him litigation from the lower courts ; but when ileulles undertook to do this he received from the king a sharp reprimand, and was instructed that for the future this policy was not to be pursued.^ This frequent contradiction between the commission and the instructions of the intendant is one of the confusing obstacles to any clear and precise definition of his judicial powers. The intendant might, moreover, ^ The full title of the intendant was ■' Intendant de la Justice, Police et Finances en Canada, Acadie, Isle de Terreneuve et autres pays de la France Sep- tentrionale ". This title was uniform in the commissions of all the intendants except the last, Bigot, whose commission designated him as " Intendant de la Justice, Police et Finances en Canada, la Louisiane et dans toutes les terres et isles dependantes de la Nouvelle-France ". See Edits et Ordonnances, III. 75. 2 The commissions of these officials may be found ibid., 82 et seqq. ^MeuUes to Minister, November i;:, 1684, Correspondance Generale, VI. 273.
 * " Instruction pour le Sieur de Meulles ", July 31, 1684, ibid., 39.