Tuesday, March 17, 2015

The Tragedy of the Commons (Côte-des-Argoulets Part IV)

By 1680,[i][ii] fifteen years after seven colonists of Ville-Marie contracted with the crown and with each other to settle on the St. Peter River, Jean Chicot had died and bequeathed his land along the Côte-des-Argoulets to his widow Marguerite and their only son, Jean-Baptiste. Marguerite remarried a man much closer her age, Nicholas Boyer, with whom she would have several more children.  Others of the original inhabitants of Verdun had also died, leaving their descendants fertile land and a more peaceful island; Ville Marie had gone from a few dozen citizens to a few hundred, and was growing.  Some of the Argoulets were still around though, and one of them was Étienne Campeau.  He had taken the charge to develop his land very seriously, perhaps too seriously, eventually landing himself in a legal dispute with the other settler of Ville-Marie.

       When the original occupants of the Côte-des-Argoulets received their concessions, each contract specified the shape, size and location the land to be given.  The seven original land grants were all long rectangular farms with one short side along the river, and the long sides bordering their neighbors.  Additionally, the concessions made an apportionment for the commons, an area of land to be left to pasture for the grazing of animals.  This was a standard practice in agricultural societies, and in the case of the Côte-des-Argoulets the governor specified that the commons would be taken from the riverside of each farm, such that the commons ran lengthwise along the river, perpendicular to the concessions.  The contract specified that the commons would remain available to the Argoulets, as well as a standard inclusion to allow the local nuns and monks the use of the pasture for the maintenance of the church property and livestock.  All of this seems pretty straight-forward.

In fact it seems so straight-forward that it’s hard to imagine how Étienne Campeau managed to make himself the defendant in nothing less than a colonial class-action law suit brought before governor by all of his neighbors in June of 1680.  All of Étienne’s neighbors complained and swore testimony that in the fifteen years since he had originally received his concession, he had consistently violated the terms of his concession by ploughing and planting crops on the commons on the portion between his land and the St. Peter River.  They sought to have the governor, Jacques du Chesneau, issue a special interdiction against Étienne’s farming and have the land made fallow again to allow for pasturing.

Étienne did not go along quietly.  First, he argued that the Commons belonged exclusively to the seven original Argoulets that had not received land grants from the crown but also contracted with each other concerning the development of the land.  He claimed that this restricted view of the commons applied to the original seven and only them, to the exclusion of all newcomers and inheritors.  As for the planting of crops on the land he claimed that the governor who gave him the land, Paul Chomeday Sieur de Maisonneuve, had told him that he could and should develop all the land, including the commons.  He even claimed that M. de Maisonneuve had written a letter to this effect, signed by the governor and read by other Argoulets.  According the Étienne, the witnesses to the letter unfortunately included those Argoulets who had already died, and though we would have certainly produced the letter itself, as his luck would have it, a fire had destroyed the letter years ago.

Not to be outdone, Étienne’s opponents (including Marguerite Boyer) also proffered as evidence the testimony of M. Maisonneuve which was also witnessed by persons deceased.  The governor could fairly well verify the fact that the commons ought to have remained a commons by reading the original land grants[iii], but the spurious testimony of M. de Maisonneuve also specified that he intended for the commons to provide pasture for all present and future inhabitants of the Côte-des-Argoulets.

If all of this he-said-she-said sounds like your last Christmas with family, you wouldn’t be too far from the mark.  You see, while you know that Marguerite Boyer was the widow of Jean Chicot, you may not know that one of Jean’s great-great-grandchildren, Joseph Baptiste Cicotte had another great-great-grandfather, Étienne Campeau.  So if you’re an American Cicotte, you’re probably related to both.  As it turns out, being related to a verified Argoulet comes at a price, the price that he was disliked and kind of a cheat.

In the end Governor du Chesneau ruled that the contested land should remain part of the commons, ordered that Étienne Campeau plough under the farm (notwithstanding he allowed Étienne the time to harvest what he had already planted that spring), ordered that the commons belonged exclusively to the seven original Argoulets or those who had purchased or inherited those plots of land only, and fined Étienne Campeau 150 pounds. 

This episode reminds me that as much as I love to honor our ancestors, they were a lot trashier, racist, sexist, smelly, etc., than I like to believe, though settling Montreal is still a big accomplishment, personal faults aside.





[i] Many thanks to Maddy Cicotte for doing the leg work on this post and retrieving the source document (Ordonances, Commissions, etc., etc., des Gouverneurs et Intendants de La Nouvelle France 1639-1706).  I’ve been trying to identify the original source of the story of the Côte des Argoulets for about six or seven years now.
[ii] I took the content of this post entirely from the work mention in note i.  Instead of citing each fact page by page (especially since the document is in French), I simply refer the reader to the sources section below.  Those pages detail the testimony and decision of the then governor of Ville-Marie.
[iii] Most of the original land grants still exist and can be viewed in the National Archives of Quebec in Montreal, QC.  A photo of such a grant can be found in Part I, with a transcription in Part II.

 Sources:

Roy, Pierre George. Ordonnances, Commissions, etc., etc., des Gouverneurs et Intendants de la Nouvelle-France, 1639-1706, pg. 266-275. Beauceville: L'"Eclaireur", 1924. Book.

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