User:Alex D. Berthelot/sandbox

Alcohol and the Law in New France

From the earliest years of the colonial establishment in New France alcohol was a contentious issue, often opposing members of the clergy with the Intendant and the habitants of the region. From the very beginning of the establishment of the Superior Council attempts were made to legislate the sale and consumption of the various types of alcohol available in the colony. Between 1663 and 1760, 78 edicts of the Superior Council of New France pertained to the sale and consumption of alcohol in the colony.


 * Alcohol, the Sovereign Council, and the Church


 * Alcohol and its commerce in the colony was the subject of acrimonious debate between ecclesiastical interests, merchants and the government. “…the struggle over the sale of liquor to the Indians may be classed as the second cause for the erection of the Sovereign Council.”   In the early years of the colony ecclesiastics held a considerable amount of power.  Bishop Laval, in the early 1660s obtained a law punishing the trade of brandy with natives with death which forced the newly arrived  governor Avaugour to execute two offenders.  The governor would quickly declare after another situation arose that no one should be punished for bartering liquor with the natives.  This episode led Bishop Laval to sail for France and consult with the king.  This meeting would be reflected in the composition of the Sovereign Council whose members would be jointly named by the Bishop and the Governor.


 * Alcohol, the Fur Trade and the Law


 * The trade of alcohol with the natives in New France was very profitable for European fur traders but caused ravages in indigenous communities. The first laws concerning the trade of alcohol with the natives appeared early in the history of New France.
 * Samuel de Champlain first outlawed the sale and trade of alcohol with the natives in 1636.  The first laws were aimed primarily at the French with the objective of cutting off the supply to the natives at the source.  The punishment was often a fine, and in case of insolvability or repeat offense corporal punishment was applied.  Natives who were found under the influence of alcohol would be retained until they gave up the name of the person who had given them the drink.


 * In 1668 under the Intendant Jean-Talon the Sovereign Council legalized the trade of alcohol with the natives for all French citizens at the same time as they made it illegal for natives to get drunk.


 * Finally edicts of 1669 and 1679 of the Sovereign Council made it so that trade in alcohol with the natives could not be carried out in their villages but was permitted only in French establishments.


 * Cabarets and the Law
 * A cabaret in New France was any establishment that served alcoholic beverages. The major legislation of the Sovereign Council concerning the exploitation of cabarets was passed at two different times in the history of New France, The first set of legislation was passed in 1676, under Jacques Duchesneau de la Doussinière et d'Ambault and the second set in 1726 by Claude-Thomas Dupuy.


 * Edict of 1676
 * Under the laws of 1676 all owners of a cabaret had to be licenced by the Sovereign council. They could not extend credit nor serve alcohol after 9pm. It was forbidden at all times to drink to the point of inebriation (whether at a cabaret or elsewhere)  Cabarettiers were also forbidden from serving drink to craftsmen and labourers while they were working.  In each room where alcohol was served had to be displayed the rules concerning social mores  (such as blasphemy, swearing and other public nuisances), as well as their punishments.  The owner of a Cabaret also had a responsibility to report such behaviour himself or herself.  Finally, they could not serve alcohol at any time during a religious ceremony and selling alcohol to natives was strictly forbidden.


 * Edict of 1726
 * Modifications brought to the laws in 1726 formalized the licencing of Cabarets and stipulated that they had to display their licences at all times they were open and required a second permit for those running hotels as well. The hour that alcohol could be served until was pushed back to 10pm (unless the client was lodging for the night).  It was forbidden to serve alcohol in the bedrooms of said establishments.  A ban on gambling and smoking was added.  Soldiers, valets and domestic servants could not drink in a Cabaret without written permission from their employers.  The modifications also made it so that cabarets became a cash only business by refusing cabaret owners the right to extend credit or accept any other form of payment.  Finally, the sale and service of alcohol for immediate drink became reserved to Cabaret owners and the minimum quantities that could be sold by other merchants for take home purposes was clearly defined.