The Labrador Boundary


Privy Council Documents


Volume VII
Contents




1 Deed by Sheriff
of Quebec,
30 April, 1803.

2 Deed executed
before Planté at
Quebec,
22 April, 1808.

3 Deed executed
before Planté at
Quebec,
22 April, 1808.

[sic.] Deed executed
before Planté at
Quebec,
22 April, 1808.

5 Deed executed
before Planté and
Lelievre, at Quebec,
22 April, 1803.

6 Extract from the
Papier Terrier,
12 March, 1810.

7 Deed executed
before Guy, at
Montreal,
4 January, 1811.

8 Deed executed
before Planté, at
Quebec,
14 June, 1823.

9 Grants en Fief
and Royal
Ratifications of
same; by Judge
Dunkin, 1852.

10 Report of Dept. of
arine and
Fisheries for 1862.

11 Fyle No. 522
Dept. of Fisheries,
Can.

1 Indenture
executed before
Perrot, at Quebec,
12 April, 1701.







2 Concession by
de Callière and
Beauharnois,
17 October, 1702.


3 Memorandum
executed at Quebec,
21 April, 1703.

4 Memoir by
Courtemanche, 1705.













5 Ibid.


















6 Minister to
Courtemanche,
26 June, 1706.

1 Minister to
Courtemanche,
30 June, 1707.

2 Courtemanche to
Minister, 1711.


3 Minister to
Courtemanche,
6 June, 1708.



4 Vaudreuil and
Raudot, to Minister,
14 November, 1708.
















5 Concession by
the King,
12 November, 1711.



6 Ordre du Roy,
12 November, 1714.





7 Courtemanche to
the Minister,
13 September, 1716.

8 Ordre du Roy,
11 January, 1718.







9 Brevet de con-
firmation by the King,
11 January, 1718.


1 Brouague to the
Conseil de Marine,
9 Sept., 1718,
6 Sept., 1719,
27 Aug., 1720,
17 Sept., 1721,
15 Sept., 1722 and
20 Sept., 1729.


2 Concession by
the King,
13 July, 1722.

3 Brevet de con-
firmation by the
King,
25 December, 1725.














4 Concession by the
King,
22 February, 1726.



5 Deed executed
before Lederdet
and Lounet, at
St. Malo,
4 April, 1726.


6 Brouague to
Maurepas,
20 September, 1729.





7 Agreement passed
before Hiché at
Quebec,
6 September, 1732.

8 Inventory made
by Brouague,
10 August, 1740.


1 Patent by the
King,
24 April, 1744.




2 Deed executed
before Panet and
du Laurent, at
Quebec,
16 December, 1715.

3 Agreement execu-
ted before du
Laurent, at
Quebec,
7 November, 1746.

4 Engagement
executed before
Barolet, at Quebec
13 May, 1751.

5 Ordinance by
Duquesne and Bigot,
25 September, 1756.


6 Arret de Conseil
d'Etat,
1 December, 1853.










7 Cugnet to
Hamilton, 27 May,
1735.

8 Minister to
Marquis de Puiseux,
17 March, 1762.





9 Dupre, Hugues
et al to Lords of
Trade,
30 March, 1779.



10 Acts of the Privy
Council (Colonial)
Unbound Papers,
p. 357.



p. 3174

1808, the Sheriff of Quebec sold the interests of William Grant, deceased and of Charles William Grant in the fishing posts from Itamamiou to Anse-Sainte Claire to John Richardson, Mathew Lymburner and associates.1
Richardson, as curator of the estate of William Grant, deceased, and Chas. Wm. Grant sold to Langan, Burns, Woolsey and M. Lymburner all their rights and claims in and on their posts and fishing establishments from Itamamiou, inclusive, to Anse Ste. Claire.2
John Richardson, as curator of the estate of William Grant, sold to Patrick Langan, Wm. Burns, John Wm. Woolsey and Mathew Lymburner all the rights and claims of William Grant in the undivided moiety of the Isles and Islets of Mingan seigniory and of five forty-eighths of Saint-Paul seigniory.3
Langan re-sold to John Richardson three-fourths of the moiety of Mingan Islands and of the moiety of five forty-eighths of Saint-Paul.4

1808, following the above sales and transfers, Richardson, Langan, Burns, Woolsey and Lymburner signed an acknowledgment that they had entered into an association on 15th September 1807, for seven years (1807-1814), to carry on the taking of seals, fishing, hunting, etc. on the “coast of Labrador.” Mathew Lymburner was appointed manager. The partnership was divided as follows :—Richardson, three-eighths; Langan, one-eighth ; Burns, Woolsey and Lym burner, one-sixth each. The agreement provided that the association should be “a private one under the name of Labrador new Concern.”5

1810, William Burns, on his own part and on behalf of his co-partners in the Labrador Company, performed faith and homage for “cinq quarante-huitièmes indivis dans la totalité du fief et Seigneurie de St. Paul.”6

1811, Patrick Langan sold his interest in the Labrador Company to John Richardson.7

1823, the Labrador Company sold to Louis Chevalier five forty-eighths of Saint-Paul seigniory with the islands opposite it.8

1852, in a list of Seigniories in Lower Canada, prepared by Judge Dunkin for use before the Commission for commuting the Seigniorial tenure, St. Paul seigniory is enumerated.9
Stipendiary Magistrate Fortin states, in his report of 1862, that the Lloyds bequeathed their interests in Saint-Paul seigniory to their adopted son, Louis Chevalier ; that Chevalier died in 1846 and that, from 1849 to date of writing, Louis Chevalier's grandson had operated the fisheries.10

1890, L. D. Chevalier, as owner of Saint-Paul, protested against the issuance of a fishing license to W. O. Carbonneau, empowering him to fish in St. Paul (Eskimo) river.11
Carbonneau claimed to have acquired by purchase from the Quebec Government, both banks of the St. Paul and the ile a la Perche at its mouth.
No cadastre of Saint-Paul can be found at Quebec. This is strong proof that, owing to the failure to perform the duties or pay the fees prescribed in the grant, the Commissioners for commuting the Seigniorial tenure adjudged that the seigniors had lost title.

p. 3175

KESSESSAKIOU—KEGASKA CONCESSION.

1701, Pierre Constantin, voyageur, signed an engagement to go to the Eskimo river as an employee of Legardeur de Courtemanche. Constantin engaged to hunt and to trade with the Eskimo. The indenture sets forth that Constantin had discovered the Eskimo river in 1700.1

1702, de Callière and Beauharnois granted to Augustin Legardeur de Courtemanche a concession extending from the Kegaska river to the Kessessakiou, which rivers “feront les deux bornes” of said concession, to have and to hold for ten years (1702 to 1712). It gave Courtemanche the exclusive right to take seals and trade with the Indians. The grant also recites that Courtemanche had already “fait un fort et un etablissement” on the Eskimo river and within the limits of his concession.2

1703, Courtmanche gave Constantin written instructions to proceed to Eskimo river or beyond, to carry on trade with the Indians. The instructions indicate that Sieur Perret was in command of Courtemanche's fort near Eskimo river.3

1705, Courtemanche submitted to Raudot a memoir4 respecting his exploration of the coast from Kegaska river to the river Kessessakiou (Hamilton). It was an exhaustive report respecting the natural resources of his concession, its harbours and similar data.
Courtemanche stated that the Indians travelled into the interior by way of the St. Augustin river demonstrating that, within the limits of his grant, the St. Augustin and Kenamu canoe-route was then, as now, the principal route to the Hamilton river.
From Courtemanche's memoir, it is evident that his first fort was on what is now known as Old Fort bay, “une demie lieue” west of present Eskimo river. In 1705, he stated that he had commenced his second “etablissement.” This was fort Pontchartrain on baye Phelypeau (Bradore bay).5
Courtmanche reported that, at the river Kessessakiou (Rigolet “narrows”), salmon and seals were in abundance; that the Eskimo lived at that point because it afforded them in abundance everything they required for their subsistence; that they were becoming more peaceable and were beginning to trade with the French. He also stated that he had attracted from the interior a tribe of Indians who had not, thitherto, come in contact with the French, and, though he does not explicitly say so, who, doubtless, had never before come in contact with white men.5 These Indians were Montagnais or Naskapis or both. He stated that a missionary would have no trouble implanting Christianity among them.

1705, Courtemanche removed his headquarters from his fort near the Eskimo river to his new fort, fort Pontchartrain, on baye de Phelypeau (Bradore bay).6

p. 3176

1707, the Minister instructed Vaudreuil and Raudot to send a missionary Courtemanche's fort.1

1711, Courtemanche stated that he was maintaining a missionary at his own expense.2

1708, the Minister wrote Courtemanche that the King hoped that he would be as successful in coming to a good understanding with the Eskimo as he had been with the Indian tribes.3

1707 and 1708, the King granted an annual subsidy of 500 francs to Courtemanche. Vaudreuil and Raudot, writing in November, 1708, recommended Vaudreuil and that it be continued in the following years.4 Later, Courtemanche complained that his subsidy was three years in arrears.



BAYE-DE-PHELYPEAU CONCESSION.

The Kessessakiou-Kegaska concession to Augustin Legardeur de Courtemanche expired in 1712.

1714, the King granted to Courtemanche during his lifetime, “la baye de Phelypeaux” and “quatre lieues de front sur la dite coste,” to be taken two leagues above and two leagues below said bay by four leagues in depth, and the islands in said bay and opposite the coast thus granted, with the exclusive right to take seals and to fish concurrently with other French subjects, and to trade with the Indians.5

1714, the King also appointed Courtemanche to be Commandant for the King on the coast of Labrador, with authority to settle all disputes that arose respecting “emplacements pour la pesche a la dite coste.”6

1716, Courtemanche applied to Vaudreuil for permission to enlist 12 men and requested that an officer be sent with them to act as their commander. He proposed to send this force, with five Indian families, to garrison the fort he proposed to construct at the “rivière de Kescakiou” (Hamilton river), to overawe the Eskimo.7
Following Courtemanche's death in 1717, his stepson, Brouague, was appointed Commandant for the King on the coast of Labrador.8 Brouague continued Courtemanche's policy of endeavouring to conciliate the Eskimo and to open up trade with them.

1718, the King granted Baye-de-Phelypeau concession in the proportions of : widow de Courtemanche, one-quarter ; Brouague, her son by her first marriage, one-quarter and the three daughters of Courtmanche one sixth each.9

In 1718 and later years, Brouague made annual reports respecting conditions on the coast. These reports show that he had achieved considerable success in his policy of conciliating the Eskimo ; that the instructions

p. 3177

contained in the letter from the Minister, 30 June 1707, instructing Vaudreuil and Raudot to send a missionary to Baye-de-Phelypeau had been carried out and that the missionary had been labouring among the natives ; that, on the average, about 25 vessels fished in the strait of Belleisle and near the western entrance thereof.1

1722, the King conceded an augmentation of Baye-de-Phelypeau concession extending five leagues westward from the original grant and four leagues in depth, also the islands opposite, said concession to be enjoyed by the concessionaires so long as they continued to develop the fisheries therein. The widow Courtemanche and Brouague were granted one-quarter each and the three daughters of Courtemanche, one-sixth each.2 As the whole of this augmentation was included within the limits of Saint-Paul seigniory, the grant was, ab initio, null and void.3

1725, the new grant was confirmed by the King, but, as one of Courtemanche's daughters had died in 1724, the King granted her share of one-sixth of the original grant and of the augmentation to Brouague, thus giving him five-twelfths of the concession and of the augmentation.

1726, the King ordained that, if the widow Courtemanche or the daughters by her second husband predeceased Brouague, their shares should pass to the latter, or, if Brouague were survived by his mother or step-sisters, his share should pass to his wife, Ann Faury du Ponceau, and, on the death of said survivor, or survivors, the shares of such survivors would also pass to dame Faury du Ponceau. The succession to Brouague's widow was contingent upon her residing upon the concession and continuing fishing operations therein.4

1726, Louis-Jacques, Sieur de St. Jean, and his wife Marie-Margueritte de Courtemanche, sold to Brouague and his wife, such interest as Marie-Margueritte de Courtemanche had in Baye-Phelypeau concession.5

1729, an English vessel from Boston was forced by stress of weather, to take refuge at Isle a Bois (Woody Island). Her captain declared that he was carrying provisions to four other English vessels that were fishing at St. Jan Islands and, as his declaration was found to be “en forme,” the French commander released her.6

1732, Brouague and Pierre Trottier Desauniers entered into an agreement for nine years (1733 to 1742) whereby Desauniers agreed to act as agent for Brouague at Quebec, shipping to him all necessary supplies, paying wages of crews, repairs, etc., of his vessels.7

1740, Brouague inventoried his goods and chattels at Baye-de-Phelypeau and valued them at 655,783 livres.8

p. 3178

1744, the King granted the Baye-de-Phelypeau concession to Armand de la Porte and his brother, Jean de la Porte. The grant provided that it would pass to them upon the deaths of Brouague and Marie-Joseph Foucher, only surviving daughter of the widow Courtemanche.1

1745, the widow Courtemanche and two of her daughters having died, Brouague held five-sixths of Baye-de-Phelypeau, the other sixth being held by the surviving daughter, Marie-Joseph de Courtemanche, wife of Sieur Foucher. Brouague obtained a lease of the one-sixth interest held by Madame Foucher.2

1746, the partnership between Brouague and Desauniers was dissolved by mutual agreement.3

1751, Charles he Court, Sr., engaged himself to Brouague to command a schooner and to navigate same between Quebec and Labrador.4

1754, following a dispute respecting the limits of Baye-de-Phelypeau, Duquesne and Bigot issued an ordinance fixing its eastern limit at “environ 400 toises [one-half mile, nearly] clans 1'Est de L'ance Ste. Claire.”5 This demonstrates that the four leagues of front of the concession was to be measured two leagues from the eastern limit of Phelypeau (Bradore) bay and two leagues from the western limit of said bay.

1758, the Conseil d'Etat issued an edict annulling the grant made to the la Portes in 1744.6

1759, the King granted Baye-de-Phelypeau and the augmentation to Francois Foucher, Jean Favry de Ponceaux and Charles Favry de Chantelon, for their lifetime, in the proportions of: to Foucher one-half, and to Ponceaux and Chantelon one-quarter each. The concession provided that the grant should be operative “immediatement apres le décès du S. de Brouague” and that, on Foucher's death, his share should pass to his children and that the shares of Ponceaux and Chantelon should pass to their respective wives.7

1762, the President of the Conseil de Marine wrote to the Marquis de Puiseux that he could not secure Baye-de-Phelypeau concession for the Sieur de Grandelos Mesle.8

BRITISH REGIME

1760, the heirs of Brouague stated that Governor Murray had dispossessed the concessionaries in 1760 and had transferred the Baye-de-Phelypeau concession to Mackenzie, Lymburner and others.9

1763, A. R. Bondfield, son-in-law of Martel Brouage, petitioned the British government for a grant of Brouague's fishing post on the coast of Labrador. He stated that Brouague had held this post from 1728 to 1759.10

1764, Favry du Ponceau and Favry de Chanteloup submitted, through the French Ambassador, a memorial claiming to be the proprietors of

[1927lab]



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