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Justice
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Researching the Fortress of Louisbourg National Historic Site of
Canada The Administration Of Justice At The Fortress Of Louisbourg (1713-1758) 1752
On their arrival in Louisbourg [in 1749], Louise Thérèse Petit [the wife of Julien Auger dit Grandchamp (d. 1741)] was named as the principal guardian (tuteur) of the children [of Jeanne Thérèse Grandchamp (d. c. 1745-1749) /Jodocus Koller (d. c. 1745-1749)] and Jean Baptiste Guion as the deputy guardian (subragé-tuteur). Prior to that time Claude Perrin had served as the children's guardian. Problems over the guardianship developed in 1752. On 29 May 1752. Jean-Baptiste Guion charged that Petit was neglecting her granddaughter's education and mistreating the child (no mention was made of the grandson). Guion asserted that a new guardian should be chosen and that the girl should be placed in a boarding house. While the court investigated the charges the original guardian, Claude Perrin, was named as the interim guardian. The way in which this case of alleged child beating and neglect was handled reveals some of the aspects of the legal system in operation at Louisbourg. First, note the speed with which things happened. On 5 June 1752, only a week after Guion had submitted his formal complaint, he and Louise Thérèse Petit were summoned to appear before the court. Guion was ordered to prove his charges and the surgeon-major for the town, Bertin [surgeon], was directed to examine the Koller child's body for any suspicious marks or bruises. Within a few days seven witnesses, chosen by Guion's wife (apparently in his absence) testified on the case. Two of them claimed to know nothing about the allegations. One claimed to have seen Petit instruct her granddaughter in catechism and prayer and punish her in the usual manner when the child made a mistake. Another person testified that the widow struck the girl's fingers with a fireplace shovel when she missed words. The other witnesses also gave first-hand accounts of mistreatment. Incidents were reported where the child had been fed only dry bread for dinner and supper, tied to a palisade in the yard, put in a barrel, stabbed with a knife or fork, and beaten (kicked, punched and pinched). In addition, the child had often been seen and heard crying. Notwithstanding the evidence of mistreatment, the court ruled in favour of Louise Thérèse Petit. That is, she remained the child's guardian. The girl, however, was removed to a convent school in Canada. In that way the court had both upheld the widow and yet given protection to the granddaughter who so obviously needed it. A year and a half after the court case, on 7 September 1753, Louise Thérèse Petit, widow of Julien Auger dit Grandchamp, died at Louisbourg. She was about 70 years old at the time. Left as heirs were a married daughter, Marie Angélique, who lived in Canada and the granddaughter, Catherine Koller, then about 10 years old. Within two weeks of her death, a sale of her possessions was held ..... The money gained through the sale of Petit's possessions would have been used to pay off any of her debts and then what was left over would have been distributed among her heirs.[Source: A.J.B. Johnston, editor, The Grandchamp Buildings: A manual, Unpublished Report O C 25 (Fortress of Louisbourg, April, 1981) Other Links
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Summarized
Court Cases,