1 
 
 
IN CONNECTION WITH THE RETIREMENT 
 FROM THE BENCH OF 
 
 WITH THE 00MPLIMEHT8 OF THE WMTEB. 
 
 n jaEjiiBEit m JFjfiK 0N3iJ;^i^iH MK 
 
 1884 
 

A generally expressed wish for a full account, in 
 compact form, of the addresses and proceedings which 
 followed the recent retirement of the Senior Judge of 
 this Judicial District has induced the writer to select 
 from the public journals and other published material 
 within his reach, the necessary matter to enable him to 
 present a brief memorial of the subject, with some par- 
 ticulars respecting a man deserA'edly respected by all 
 classes of the community — some particulars which may 
 serve to show that the references, especially in the ad- 
 dress from the Bar as to the "influence of Judge 
 Gowan'e abilities and industry in various directions " 
 were not mere words of compliment from partial 
 friends* 
 
 His Honor James Robert Growan, late Local Judge of 
 the High Court of Justice for Ontario and Senior Judge 
 of the Judicial District of Simcoe, was no ordinary man, 
 and his retirement from office no ordinary event. 
 Actively engaged in the judicial office for nearly forty- 
 one years,"*" a longer service than that of any other 
 
 * The addresses referred to, it is thought, will find a more fitting place 
 further on. ' 
 
 t On 24th June, Trinity Torni, 1834, he was admitted as a Student of the 
 Law to the Law Society, having passed the necessary exauiinatiuns and on 
 5th August, 1839, Michaelmas Terra, he was called to the degree of Kar- 
 riiter-at-Jjaw ^CT". C. Oazette, Vols. 9 and 14). Appointed to the Judicial 
 Office, 17th January, 1843 (Canadian Legal Directory, 78), Retired, 24th 
 October, 1883 (Canada Oazette). 
 
Judge in the PToyince, it is not a matter of surprise 
 that much interest should be felt in a career, without 
 parallel for duration in any Colony of the Empire, 
 marked as it waa throughout, and to the very close, by 
 a vigorous discharge of every duty, as well as by varied 
 and important services, outside the duties proper of the 
 office he held.* His official life was one of uniform 
 and extended usefulness, and he has carried with him, 
 into a woll earned retirement, the approving testimony 
 of those who recognize the value of fidelity and 
 c )urage as well as ability in the discharge of important 
 public functions. It is worthy of note that Mr. Gowan 
 was the youngest man ever entrusted with Her Majesty's 
 Commission as a Judge,t and this fact may explain the 
 energy and working powers he retained up to the 
 moment of his retirement, for his present age could not 
 preclude the idea of years of further usefulness, indeed 
 his retirement took many by surprise. J He had no 
 doubt undergone trying hardships in the early settle- 
 ment of the new district, to which he was appointed, 
 which a man with a less elastic constitution would 
 
 * We believe Cliief Justice Bowen of Lower Canada was nominally in oflSce 
 for nearly fifty years, but for more than ten years before his death he never 
 sat or performed any duty ; virtually then Judge Gowaa is the longest holder 
 ot judicial rank, seeint; that he discharged the active duties ofhis office 
 daring the whole period of his tenare, nearly forty-one years. 
 
 t Canadian Biographical Dictionary, page 26. Canadian Portrait Gallery, 
 Val. 3. Morgan's Canadian Directory of 1878. *' The Irishman in Canada." 
 
 t "The announcement of the retirement of Judge Gowan took every one 
 " by surprise, on Friday and Saturday it was the absorbing topic of conversa- 
 • tion in public places,'^' says the Weekly Oatette of 3rd Oct., 1883. " The 
 * ' general topic of conversation in town • * • ^r^g jjjg Honor Judge 
 " Gowan's resignation, the announcement of which was sudden and unexpect* 
 '" ed. It was anticipated His Honor would seek a milder climate fur the 
 " winter as his h«iltn has been the reverse of robust for the past year or so. 
 "It sii'ia* however that Judge Gowan prefers to resign an office he has held 
 " so long and filled with such singular ability for the past forty years that 
 " not a single important decision of hie has ever been overruled. —EuBam me r 
 of4th Oct.. 1883. 
 
have 8U( cumbed to * But though they were rtbt with- 
 out producing their effect upon his health, they were 
 not probably the operating cause of his retirement. 
 He himself says in his address to the Bar : " Let me 
 say one word as to my retirement. As you are aware 
 this is the largest Judicial District in the Province, 
 having a population, not very long since, equal to that 
 of Manitoba and British Columbia together. The duties 
 are very onerous, requiring the services of at least two 
 active men to pe.rform properly with the promptitude 
 demanded in the various duties made incident to the 
 Judge's ofliije, and I felt the time had come when in 
 
 • Living himself after his a|)|)oiutineiit in a new District, the only means 
 of locomotion a saddle horse or one's own stout legs, for the position of a Judge 
 " was attended in those days with a good many inconveniences which have 
 disappeared with advancing civilization. The roads were in such a condition 
 that ne was generally oom[>elled to make his circuits on horseback. Judge 
 Oowan's district was the largest in the Province, and stretchetl over a wide 
 tract of country, the greater part of which was but sparsely settled. He 
 was frequently compelled to ride from sixty to seventy miles a day, and to 
 dispose of five or six hundred cases at a single session. One of the news- 
 papers published in the County of Simcoc gave an account, several ye.ira ago, 
 of some of hi.s early exploits ; from whicli account it appears that he wa.9 
 often literally comi)elled to take his life in his hand in the course of his 
 ofKcial peregrinations. It describes how, on one occasion, he was compelled 
 to ride from Barrie to Collingwood when the forest was on fire. The heat and 
 smoke were sufficiently trying, but he had also to encounter serious jHsril 
 from the Mazing tribes which were falling all around him. On another oc as- 
 ion, while attempting to cross a river during high water his horse was caught 
 by the flood and earned doAvn stream at such a rate that he might well have 
 given himself up for lost. He saved himself by grasping his horse's tail, and 
 thereby keeping his head above water until he came to a spot where he could 
 find loothold, and so made the l)est of his way, more than half drowned, to 
 the shoie He was also Ireouently compelled to encounter dangers from 
 which travellers in the rural ilistriots of Canada are not altogether free even 
 at the present day — such dangers, for instance, as damp beds, unwholesome 
 and ill-cooked food, and badly ventilated rooms. — Law Journal and Canadian 
 Portrait QaXkry. " Mr. Gowan," says the able and accomplishetl author of 
 " The Irishman in Canada," " is one Oi the most venerable and learned 
 " figures on the Bench When in 1842 Mr. Baldwin made him Judge of 
 '• the District of Simcoe he was the youngest Judge of the Province. Many 
 " a time in those days he had to ride seventy miles a day to mwt his 
 '•court engagements and his adventures by flood and field would make a 
 '• little volume; yet he was scarcely ever absent from his duties." 
 
justice to the public and my brother Judges I should 
 make way for a younger man. My age and uncertain 
 health demanded more repose than I could properly ask 
 or take, and so I sought retirement, and after forty-one 
 years of hard work it cannot be said that my appeal to 
 be relieved was in any sense premature. Indeed, I have 
 the satisfacti6n of knowing that His Excellency the 
 Governor-General appreciates as he is pleased to com- 
 municate, my * faithful, efficient and impartial conduct 
 during my long term of Judicial service.' " 
 
 The Judge could, probably, have gone on without re- 
 mark or complaint, doing such work as uncertain health 
 permitted ; but he evidently felt that it was not consis- 
 tent, with a proper sense of duty, to retain office, when 
 unable to give the full measure of service he had been 
 accustomed to perform. Retirement meant a diminish- 
 ed income, but he had evidently made up his mind, as 
 to what was right to do, and did it without hesitation ; 
 not even we believe advising with anyone on the sub- 
 ject ; certain it is, as already mentioned, it took the 
 public, the Bar, and even his own intimate friends by 
 surprise, for, up to the day it was announced, he had held 
 the courts as well as discharged the duties of Chambers, 
 with all his accustomed energy and assiduity. The 
 first public announcement was in the early part of 
 (-)ctober last, and a few extracts from the public journals 
 may serve to show the feeling that prevailed. "As we 
 " go to press, we notice the retirement of His Honor 
 " James Robert Gowan. * ♦ * Those only, 
 " and the circle of these is no limited one, who know 
 " of his learning, his large and ripened experience, and 
 " his great service to the country in numberless ways, 
 " can measure the loss this will be to the Bench, of 
 " which ha wan fadle princepa. * * * * Judge 
 •' Gowan occi;pies as strong a position in the hearts of 
 " his friends and acquaintances, from his high personal 
 
" character, as from his Judicial excellence. A kind 
 " thoughtfulness for others, and a benevolent disposition 
 " endeared him to the community in which he has 
 " heretofore passed his long and useful life. Spotless 
 " purity, entire fieedom from undue influence, and an 
 " earnest desire to do justice have characterized him as 
 " a Judge. Great force of character, combined with 
 " cordiality and courtesy of demeanour, and a high con- 
 " sideration for the performance of his duties, have 
 " distinguished him as a citizen. * ♦ ♦ » ♦ 
 " He takes with him into his well earned retirement, 
 " the best wishes of a large circle of friends and ad- 
 " mirers for his future health and happiness. And we 
 " trust, that in some way or another, the country may 
 " still have the benefit of his ripe experience. His 
 " career is a brilliant example to those who occupy 
 " similar positions of trust and dignity to emulate, 
 " which will be a duty, and to equal which will indeed 
 " be difficult." {Canada Law Journal, Oct. and Nov. Nos. 
 1883). 
 
 " Judge Gowan recently retired from the position he 
 " has so creditably filled. He held the olfice for 41 
 " years. He has earned for himself a reputation for 
 " ability and integrity in the discharge of the important 
 " duties entrusted to him. After so long a service, he 
 " naturally desired to withdraw from active judicial 
 " work. ***** jjjg esteem for Judge 
 " (rowan extends far beyond official circles, he is well 
 " known in spheres of Christian philanthropy, and his 
 *' efibrts in doing good have in many cases led to happy 
 " results." {Canada Preabj/terian, Oct., 1883). 
 
 " He has been long(»r on the Bench than any other 
 " Judge in the Dominion, and has made a very honorable 
 " record. His services have been recognized by magis- 
 '* trates, lawyers and the public generally, and he enjoys 
 " the respect and esteem, not only of his brother Judges 
 
8 
 
 *' and the members of the Government, but of all with 
 " whom his duties have brought him in contact. We 
 " know of no occupant of the Bench, who by Iouje^ 
 " service and the faithful discharge of his duties, has so 
 " richly earned retirement as has Judge Gowan." (To- 
 ronto Telegram, Oct., 1888). 
 
 " To say that we regret that he has divested himself 
 " of the ermine, is but to echo the sentiments of every 
 " one who knew him. * * *" (Mvskoka Herald, 
 16th Oct., 1883). 
 
 " Whilst we, in common with the community at 
 " large, cannot but regret that Judge Gowan has left 
 "the Bench, of which he was so distinguished an orna- 
 " ment, we can easily understand that he wished to 
 " divest himself of the ermine, whilst his mental 
 " faculties were undoubtedly unimpaired and in more 
 " than youthful vigor, because tempered by years and 
 " enlarged and varied experience, and cultivated, by not 
 '' merely legal lore, but by extensiA^e literary reading 
 " and study, which it is to be hoped, now that he is un- 
 " tramelled by judicial fetters, the country may at no 
 " distant day reap the benefit of, in some form or other." 
 {Examiner, 4th Oct., 1883). 
 
 We might multiply quotations in this connection, for 
 the subject was noticed, very generally, by the public 
 press, and all, without exception, gave expression to 
 regret and spoke in eulogistic terms of Judge Gowan's 
 varied services, during his long career. It is believed 
 they spoke the mind of every thinking man in the 
 community, and we are borne out in this by the lan- 
 guage of the Presentment by the Grand Jury, at the 
 Court, next after the Judge's resignation. 
 
 " This being the first Grand Jurv that has met since 
 *' the retirement of Judge Gowan, we cannot allow the 
 " opportunity to pass, without expressing our hiorh sense 
 
" of the long and faithful service he has rendered in 
 " this County. * * * . * * We take peculiar 
 " pleasure, being in a sense representatives of the 
 " people of this County, in placing on record our high 
 " sense of the great esteem and respect in which Judge 
 " Gowan has always been held by the residents of this 
 " County, and in doing this we know that we are voic- 
 " ing the unanimous sentiments of all. Judge Gowan 
 " has many happy causes for gratification in looking 
 " over his long judicial course, and we think it will not 
 " be least among them to know^ that he always carries 
 " with him the goodwill and highest esteem of the 
 " people with whom he has been so long identified. 
 " Grand Jury Room, Barrie, IJrh Dec, 1883." 
 
 To find such unanimity of expression, touching any 
 public man, is rare, and especially in the case of one, 
 who in the position of a judge, must have many times 
 crossed the interests of the losing parties, in the muny 
 thousands of cases, which came before him during the 
 long time he held office, but his fearless honesty was 
 only equalled by his industry and produced a confidence 
 almost without parallel in all his decisions. This, the 
 fact that appeals from his decisions were almost un- 
 known, * abundantly proves, seeing that he acted in 
 the presence of a larg" and able Bar, and amongst " an 
 intelligent and educated people, very tenacious of their 
 
 * " We believe that throughout the whole of his judicial career but two of 
 ' those pronounced were reversed. • ♦ * All of his judgments that we 
 ' have read are clear in diction, dignified and concise • ♦ ♦ entirely free 
 ' from any i»arade of leiirning or affectation ; two < bjects seemed to absorb 
 ' the attention of tl o Judge (1) properly to adjust the disputed righ s of the 
 ' parties (2^ to establish a ru e by which similar (questions n>ay be solved in 
 ' the future, and if possible to bring each case within the scope of some 
 ' general principle which he had enunciated and defined, guarding it how- 
 ' ever with pr<>[»er conditions and exceptions. » • • The soundness of 
 ' his ju«lgments and the care with which he preparetl his decisions is eviutjed 
 ' by the fact, before mentioned, that but two of his judgments appear to be 
 ' reversed on appeal."- Canada Law Journal, Nov., 18od. 
 
10 
 
 rights." This fact has been referred to in several 
 quarters. We learn from older members of the Bar 
 that there never was a feeling in this Judicial District 
 that " it depended upon the humour of the Judge what 
 character the law assumed." So far from that, every 
 practitioner felt confidence in advising his client, upon 
 asctrtained facts, what the decision would probably be. 
 This was a matter of great importance in those days 
 when the bulk of the law business was done in the 
 Division Courts, and when there was no appeal iroia 
 the decision of the Judge acting in these Courts ; 
 though retained in the other Courts over which he pre- 
 sided. The feeling of confidence and certainty to which 
 we rcifer, was conspicuous very early in Judge 
 Gowan's judicial life, and in this connection may be 
 given the kinguage of an address, presented to him in 
 1852, by the magistrates, councillors and others, resi- 
 dents of the western townships, after a new District 
 was set off from the territory then in his jurisdiction, 
 and formed into the District of G-rey. The address 
 speaks of the manner in which the duties in the par- 
 ticular Court for the locality had been performed ; " and 
 " the usefulness of that Court, under your Honor's 
 ''jurisdiction, in giving soundness to pecuniary trans- 
 " actions, confidence in commercial affairs and a high 
 " tone of moral feeling ;" and adds : " on your separation 
 " from this Division in taking leave of you, we beg to 
 " assure you that it is with mingled feelings of respect 
 " and regret ; respect for you as an able and upright 
 "judge, and regret that we have lost your valuable 
 " services.*' Referring to this Address, the Barrie Herald 
 of tth April, 1852, says, amongst other things : " From 
 " personal attendance for a period of more than six 
 " years at many of the Courts, over wliich Judge 
 '' G-owan presides, we are warranted in expressing our 
 *' convi<'tion that to his integrity, ability and painstak- 
 
11 
 
 '• ing efforts, and not merely to the value of the system 
 " itself, may be traced the existence of the order of 
 
 things fitly described in the address to him as 'giving 
 " ' soundness to pecuniary transactions, confidence in 
 " * commercial affairs and a higher tone to moral feeling ' 
 " throughout the county." 
 
 Not only was the Judge earnest with the performance 
 of his regular work, but he took much trouble in aiding 
 every official, within his jurisdiction, by instruction 
 and advice, a matter of no small moment, in the early 
 settlement of the country, when in the nature of things, 
 the same educated intelligence could not be expected, as 
 can now everywhere be found in those who hold 
 Xjositions of trust. 
 
 His kindness in this particular was felt and appreci- 
 ated, and has frequently been acknowledged ; one such 
 instance may be mentioned. In July, 1844, the magis- 
 trates of the Judicial District presented him with a 
 gold snuff-box of very beautiful design bearing the in- 
 scription : " Presented to His Honor Judge James Robert 
 " Go wan by the Magistrates of the District of Simcoe, 
 " who gratefully acknowledge his invaluable services 
 " in the judicial organization of this new District, and 
 " his uniform kindness to them personally."* 
 
 The Municipal Councils all over the District, on many 
 occasions, in resolutions and addresses, thankfully ac- 
 knowledged his services: indeed it is rare to find the 
 career of any public man marked by such constant 
 appreciation, and every possible occasion used to give 
 it expression. One, within the recollection of the 
 writer, may be mentioned, as showing how he was 
 revered by the profession, as well as the public, in his 
 judicial District, who were justly proud of his well 
 deserved fame. 
 
 • Canadian Bioi/rophical Dictionary page 26, and Toronto Newspaptrs. 
 
12 
 
 In 1868, when he had completed a quarter of a 
 century on the Bench, he was presented oy the Bar of 
 the County, in which he had so long presided, with a 
 life sized portrait in oil of himself in his robes. " The 
 " Portrait was accompanied by an enthusiastic address 
 " expressive of the respect ana esteem in which he was 
 " held by the donors." "We extract a couple of para- 
 graphs : " We feel that to your wise counsels and ex- 
 " amples aie mainly due the existence of a Bar in this 
 " County, which will compare favorably with any in 
 " the Dominion, and that this result has been obtained 
 " without, in the smallest degree, fostering it at the ex- 
 " pense of the public interest. * * "We believe that to 
 " your firm and dignified administration of the laws is 
 " mainly to be attributed the comparative freedom from 
 " crime, which, we rejoice to know, distinguishes the 
 " County of Simcoe, and the respect for law and order, 
 " which pervades all classes of our community. 
 
 " The Profession have long felt that some public 
 ** recognition of your extended and valuable services on 
 " the Bench, and your kindly spirit towards themselves, 
 " was due to you, and we now beg your acceptance, at 
 " our hands, of this life sized painting of yourself, in 
 " your official chair and robes, as a mark of the respect 
 " and esteem in which you are held by us; and while 
 " making it, as we do, your own private property, we 
 " ask the favor, that it may for a time be permitted to 
 *' hang in the Court Room, so tha*^^ all may have an 
 " opportunity of seeing it and learning that the pro- 
 " fession have paid tribute to your worth." 
 
 This was followed shortly after by an address from 
 the Simcoe County Council, expressive of their " lively 
 *' appreciation of Judge Gro wall's long judicial services," 
 and assuring him that the same sentiments " of esteem 
 " and high respect that animated the Council towards 
 " his per.'^on were equally shared by the people at large." 
 
13 
 
 As the Canadian Biographical Dictionary, in referring to 
 this matter says : " Energetic and earnest and fearless 
 " and firm as a Judge, yet his relations have always 
 " been pleasant with those having business before him, 
 *' and he has secured the regard and respect of the legal 
 " profession." 
 
 Upon this graceful act the public press commented 
 in terms of approval, and it must have been gratifying 
 as it was encouraging, and that he retained their 
 regard and respect to the very close of his career on the 
 Bench, we shall have occasion to show before closing 
 this sketch. Perhaps the most striking evidence of his 
 great aptitude for the position was his wise and success- 
 ful administration of patronage, in the selection of 
 officers for the several Division Courts over which he 
 presided. Until very recently the duty of appointing 
 all the officers of these Courts belonged to the senior 
 Judge — the power of appointment and removal — for 
 all held office during the pleasure of the Judge In 
 Judge Gowan's extended jurisdiction he had the ap- 
 pointment to some twenty- live offices, several of them, 
 at the time, giving an income, from fees, larger than the 
 Judge's ow^n salary. During the whole period of his 
 incumbency over one hundred officers were appointed 
 by him, and so judicious had been his selection that 
 only four men of his appointment were removed for 
 misconduct or neglect in the long period of forty years. 
 The other changes that occurred in that time were due 
 to resignation, removal or death. A few years ago an 
 ex-M.P. who spoke: " from actual knowledge, having re- 
 *' sided in the County longer ^han the Judge himself, 
 " and somewhat intimately acquainted with public 
 " feeling "; in a letter published, at the time, refers to the 
 Judge's administration, in this particular as, " a matter 
 " which has deservedly long since obtained the appro- 
 " bation of thinking men of all parties in this com- 
 
14t 
 
 " mnnity, namely, the wise and just manner in which, 
 *' for over a third of a century, the Judge has exercised 
 " the large patronage vested in hi» office"; and in proof 
 mentions a fact to show how well officers of his appoint- 
 ing stood with the public. He says: "No less than 
 " eight were elected Reeves, and some of them re-elect- 
 " ed again and again, and three served in the honorable 
 " office of "Warden, with several others, chosen to fill the 
 " office of councillors in local Municipalities," and he 
 might have added, more than one elected to the Legis- 
 lature. In commenting on this the Advance newspaper 
 says : " It may seem a simple thing to many, to choose 
 " always the best men for such positions, but such a 
 '' choice requires two things, and these two the Judge 
 " possessed in a singular degree. The first, an insight 
 " into character, a capability of judging what a man 
 "really was, no matter what he seemed to be. It has been 
 " remarked, even by some who grudgingly conceded 
 " praise to those who diffijred from them, that the Judge 
 "possessed in a most remarkable way, the faculty of 
 " reading character, and of detecting the secret work- 
 " ings that animated those, whose actions and motives 
 " it was necessary he should discover and understand. 
 " He could at once guage a man, and as the result gen- 
 " erally showed, correctly. The other faculty required, 
 " as to such appointments, is the courage to appoint the 
 " best man, once he was found, despite the many adverse 
 " influences brought to bear. 'The public good' was, 
 " in an essential manner, Judge Gowan's motto. We 
 " have before us a ' paper ' issued by him to officers of 
 " his Division Courts some years ago, and we make one 
 "extract which will serve to show how he exercised 
 " the patronage reposed in him. 
 
 " ' The letter of the Statute makes the tenure of office, 
 " 'for boih Clerk and Bailiff, during the pleasure of the 
 " ' Jiidffe ; but an Office connected with the administra- 
 
li 
 
 'iion of jnstice ought, at least practically^, to be npont 
 " ' a more certain teaure — and while willing and able 
 " ' to do the duties required of him faithfully, discreetly, 
 " 'and m the mode prescribed, every officer should be 
 '' ' able to feel assured that his position was secure. 
 " * These, my early formed and known sentiments, need 
 " ' no repetition to convince Officers in this County that 
 " ' the exercise of my pleasure will not be bottomed on 
 " 'caprice. But I hold the power of removal as a trust, 
 " ' and may not decline to exercise it, when inability or 
 " ' misbehavior in office is made to appear to my satis- 
 
 " ' faction I reckon confidently on an energetic 
 
 " ' piid diligent discharge of duty, a prompt and cheer- 
 " ' ful compliance with the various regulations, by 
 " ' which the full benefit of the Courts may be secured 
 " ' to those who have occasion to use them.' " 
 
 We will only add. Judge G-owaii may be said, in a 
 certain sense, to have been exacting in the case of 
 officers appointed by him, but he was just, and that he 
 was revered by them to the end is manifest by their 
 final address to him on his retirement, to be hereafter 
 noticed. Nor did he confine himself to the effective 
 organization and administration in the courts, bui, 
 active and energetic in everything calculated to promote 
 the public good, he engaged himself ever since the year 
 1843, in assisting by his co-operation and advice, in the 
 working and development of our municipal system,* 
 and it enabled him to give much valuable aid towards 
 
 • *' Towards the organization and practical working out of our complicated 
 " raunicijMil system. Judge Gowan has contributed more than any other one 
 " individual. Living himself after his appointment in a new District — 
 " brought into daily contact with the immigrant and the old settler, forced 
 *' to hold his first Division Court in localities to which, for a time, the only 
 " means of access would be a bridle path, and the only means of locomotion 
 " a saddle-horse or one's own stout legs — he was brought face to face with th» 
 " wants and i>eculiar requirements of settlements hewn out of the primeval 
 " forest, and the learned Judge thus acquired a. practical experience which 
 
the le^slation which has gradually brought it to its 
 present admirable condition. But we refer now more 
 to the advice, encouragement and sustenance, which he 
 continually gave, not merely to the members of the 
 several Municipal Corporations in his extensive District, 
 but to the Council for the County, which has been fre- 
 quently acknowledged ; the last time, after his retire- 
 ment, will meet with more extended reference before 
 this paper is closed. 
 
 Amidst all the demands which varied duties of the 
 judicial office entailed upon him it is marvellous that 
 ne found time, in so many ways, to aid in promoting 
 matters of importance to the welfare of the country. 
 His ability as a legal draftsman had commended him to 
 the Honorable Robert Baldwin during the time of his 
 government, who availed himself of his services and 
 suggestions for reform and improvement in matters of 
 legal administration, and the Attorney-G-eneral of near- 
 ly every government since then, has in various ways 
 sought his aid which was always as freely given, as it 
 
 " was open to few. This special knowledge, added to his well known legal 
 " attainments, and the conndence which was felt in his judgment and know- 
 " ledge in high quarter, gave him the opi>ortanity to mould much needful 
 " and practical legislation— legislation, which otherwise would have been 
 *' largely theoretical and of questionable value. In all such matters Judge 
 " Gowan did not confine himself solely to the limited sphere of his local 
 "judicial duties, but with pen and voice brought under public notice any 
 *' notable abuse, oi suggested some sensible amendment of the existing law, 
 " which would bring order out of chaos, and tend to reduce the constant 
 *• friction which is an incident to all newly devised systems, no matter how 
 " carefully transed. Through such labors as his— and the labors cf many 
 " others, too, who are entitled to be credited with efforts in the same direc- 
 " tion — we have perfected a most flexible and workable system of local self- 
 " government, which while a boon to the various local communities, is at the 
 " same time a monument more enduring than brass of the untiring energy 
 *' and patriotism of men like the late Judge of the Judicial District of Simcoe. ' 
 CatMda Lmp Jonmaf, Nov., 1888. 
 
IT 
 
 has been generously acknowledged* For example in 
 October, 1863, Sir William B. Richards, in replying to 
 the Grand Jury at the County of Simcoe Assizes, shortly 
 after his appointment to the Bench, refers to the *' sug- 
 " gestions and able assistance rendered to him by Judge 
 " Gowan, when he was Attorney-General, in preparing 
 " legislation touching legal improvements." " With 
 " regard," he said, " to the measure for consolidating the 
 " Statutes bearing upon the duties of Magistrates, w hich 
 " he had introduced into the Lt^gislature and several 
 '* other important public measures relating to adminis- 
 " tration, amongst them the Division Court law, he felt 
 " called upon to state, the country was mainly indebted 
 " to Judge Gowan, with whom the suggestions had 
 " originated, and he had reason to believe that other 
 *' Attorney-Generals had availed themselves of his sug- 
 " gestions and assistance on important measures of law 
 " reform." And in 1866, when Sir John A. Macdonald, 
 then Attorney-General, was entertained by the Upper 
 Canada Law Society, the Profession being represented 
 from all parts of the country and the Judges, heads of 
 Colleges, Bankers, Members of Parliament and other 
 prominent citizens being also present as guests. Sir 
 
 • Ilis skill, as a In^'al tlraughtstnan, was such that Mr. Baldwin, who at the 
 time of .Iiidj^H (Jowan's appoiiitnuMit, was Attoinev-doneral for U{)i>«r Canada, 
 nvaili'd hiuisclf of his scM-vices in prepiu-iiig variom important measures, which 
 were afterwards submitted to Parliament. This was a remarkalily high com- 
 pliment for a young man of twenty-five to receive, but there is no doubt the 
 compliment was well mented, fur the measiires so prepared were models of 
 cttmpact statutory legislation, and gain<'d no inconsiderable eclat for the Ad- 
 ministration. The (jxample, set by Mr. Baldwin, has since been followed by 
 other Attorneys General, and Judge Oowan has thus made a decided mark 
 upciTi our Canadian legislation and jurispruden e. * • Canatlian Portrait 
 Gallery. It is well Known that many important Acts of Parliament, and 
 many valuable amendments of existing statutes have originated in his fertile 
 brain, and any suggestion coming from this eminent Judge, with his known 
 experience and rine judgment, it may well be believed, was eagerly and gladly 
 made use of by tne officers of the Crown, for the time being, and speedily 
 these suggestions would be found reflected in the Statute Book. — Canada Law 
 Journal, Nov., 1883. 
 
1« 
 
 John's health being proposed by the chairman, who re- 
 ferred to his twenty-five years of office, the wise and 
 well considered legislation promoted by him during 
 that time ; Sir John in the course of his remarks in reply, 
 after a tribute to the memory of the late Sir James 
 Macaulay and in equally complimentary terms alluding 
 to the assistance he received from Chiei Justice Draper, 
 an " able legal draftsman," paid a handsome compliment 
 to Judge Gowan : " to whom next to Sir James Macaulay 
 " and Chief Justice Draper," said he, " I owe a debt of 
 " gratitude for assistance of this natrire ;" and referring 
 to various enactments of the Statute Book said : '* if you 
 " refer to these, you will recognize the careful and legal 
 " mind and hand of my friend Judge Growan." The 
 Upper Canada Law Journal, in commenting on the 
 proceedings said, Sir John Macdonald " paid, perhaps, 
 " the most graceful compliment of all when he spoke 
 " of one, who though not holding so high a position and 
 " not so prominently before the public, as either of the 
 ** other gentlemen named, is, we believe, second to none 
 " in devotion to the duties of his office and, who while 
 '* discharging those duties with the utmost exactitude 
 " and with much ability, still finds time to add his 
 " quota to the cause which every lover of his country 
 " has at heart — the improvement of his country's laws." 
 * * * "We are the more pleaded to have the oppor- 
 *' tunity of recording this expression of opinion on the 
 " part of the Attorney-Greneral as we ourselves, as well 
 " as those who preceded us, in the management of this 
 " Journal, are under many obligations to Judge Gowan 
 " for his most valuable information and assistance on a 
 " variety of subjects." As well put by the graceful 
 writer from whom we have already quoted : " a pioneer 
 " Judge, he is yet an erudite lawyer and has had a 
 *' leading mind in all the great law reforms." 
 
 "♦ 
 
 • The Irishman in Cavndn, by N. F. Dnvin, K3«i. 
 
19 
 
 During the Government of Sir John Macdonald, the 
 difficult task of consolidating the public statute law of 
 the country, involving the re-casting and classification 
 of the whole body of the statute law from 1792 to 1858, 
 on the work of a former commission, was at first com- 
 mitted to Sir James Macaulay alone, but the undertaking 
 being a very formidable one, at his suggestion, Judge 
 Gowan was requested by the Governor-General to co- 
 operate in this important work, which he did ; and in a 
 published report, touching the consolidation of the laws 
 applying exclusively to Upper Canada, when the work 
 was completed. Sir James Macaulay speaks in very warm 
 terms of the assistance rendered by Judge Gowan, and 
 his indefatiguable labors in the work — and that the 
 work was a formidable one is easy to understand when 
 it is said, that some thirty or forty volumes were con- 
 solidated in two. 
 
 This consolidation was submitted to the Legislature 
 and accepted without debate, and is a monument of the 
 industry, care and ability of the men who prepared it. 
 
 This consolidation became law, and the Statute pro 
 vided that the public Acts of the same session should 
 be incorporated therewith, and the body of the Statutes, 
 thus consolidated, proclaimed as law. Sir James Mac- 
 aulay and Judge Gowan accomplished this delicate task 
 for tjpper Canada, and the test of years has shown that 
 that learned jurist Sir James Macaulay was justified in 
 speaking thus of the work: "I feel -every confidence 
 " that a good work has been achieved and a desirable 
 " basis laid for future legislation. And for the able ser- 
 " vices rendered by Judge Gowan the Government, the 
 " Legislature and the public, as well as myself, are in- 
 " debted to him." The public general Statutes applying 
 to both Upper and Lower Canada were consolidated at 
 the same time. G. W. Wickstead, Esquire, Q.C., the 
 present Law Clerk of the House of Commons, a very 
 
20 
 
 able jurist, taking the main and chief part in that work, 
 as Sir James Macaulay did in the consolidation applying 
 exclusively to Upper Canada. Both Mr. Wickstead and 
 Sir James Macaulay officially recorded their "grateful 
 " indebtedness to Judge Gowan for most valuable 
 " advice and assistance " in advancing also this difficult 
 and laborious work to completion. 
 
 Judge Gowan again, under Sir John Macdonald, 
 with Mr. Wickstead and Hewit Bernard, Esquire, Q.C., 
 Deputy Minister of Justice, lent his aid in preparing 
 the bills submitted by that gentleman tq make the Cri- 
 minal law uniform all over Canada, embodying a con- 
 solidation of the Criminal laws in force, in the several 
 Confederate Provinces, with several valuable additions 
 and improvements in procedure, which became law and 
 is now on the Statute Book of 1869, and in force all 
 over the Dominion. A valuable and necessary measure 
 and wonderfully complete as a Criminal Code. 
 
 When the Honorable Attorney-General Mowat deter- 
 mined on the Consolidation of thr Statute law for 
 Ontario in 1876, Judge Gowan was appointed, with 
 other judges, on a commission issued for that purpose 
 and rendered zealous and efficient aid in the work.* 
 
 For this important service he was a recipient from 
 
 * Judge Gowan'a am)ointinent was most favorably iiotictxl by the Press. 
 "We may quote from tlie Britinh Amerkan Preshi/terian, of 20th May, 1876, 
 AS an example : " In a recent number of the Canada Law Journal, the 
 
 * following appears : ' We are glad to learn that His Honor Judge Oowan has 
 ' * been added to the Commission for consolidating the Statutes of Ontario, 
 
 * * and is taking an active part in the Revision of the work already done, 
 ' 'and in suggestions for its future prosecution. I'robably no man in Canada 
 
 * • could be lound who is more familiar with the Statute Book, and his ripe 
 ' 'judgment, and the experience gained by him, when on the Comuiission for 
 
 * * Consolidation of the Statutes of old Canada, will be of the greatest benefit. 
 
 * 'We congratulate Mr. MoMmt on securing his services.' Everyone, who 
 ' knows anything of Judge Gowan, will cordially endorse our conteni{>oraiy'8 
 ' eulogy, as being eminently well deserved. The Hon. Attorney-General has 
 
 " eettainly made a most judicious appointment." 
 
sri 
 
 the Government of Ontario of one of the gold medals 
 struck to commemorate the event. A valuable and 
 beautiful work of art and a well deserved acknowledg- 
 ment, for on this, as in other matters referred to, his was 
 a work of love — entirely gratuitous. 
 
 Judge Gowan was engaged in several other matters 
 of public interest. The dispute between the Govern- 
 ment and the Contractors for the erection of the Parlia- 
 ment Buildings at Ottawa, involving a very large amount, 
 had been a subject of controversy for years and was 
 unfortunately, cast into the arena of party strife. After 
 the Hon. Mr. Brown entered the Macdonald Govern- 
 ment it was arranged that the matter should be settled 
 by arbitration ; Mr. Page, the Government Engineer, 
 acting for the Government ; the late Mr. Cumberland 
 for the contractors. It was agreed that some Ontario 
 Judge, both parties could agree on, should be the third. 
 Judge Go wan was the first named, and both the Gov- 
 ernment and the Contractors, at once, agreed to select 
 him. Of this Tribunal, two only were necessary to a 
 decision. The trial took place ; some of the ablest 
 counsel in the country acting for the parties ; the Hon. 
 S. Richards, Q.C., for the Crown ; Mr. T. Gait, Q.C. (now 
 a Judge), for the Contractors. After a protracted en- 
 quiry, the matter was brought to a close by an unani- 
 mous award of the three arbitrators. It was said that 
 neither party felt, as might be expected, the result to be 
 what they desired, but it was admitted on all hands 
 that Judge Govvan, who presided, conducted the pro- 
 ceedings with singular patience, judgment and ability. 
 The award made remained unquestioned by the parties 
 and unassailed by the public Press. 
 
 On another occasion the Judge was not so fortunate. 
 He was one of the Judges appointed on the Royal Com- 
 mission in the well known matter of " The Pacific Rail- 
 way Scandal," as it was called. The Hon. C. D. Day, a 
 
22 
 
 retired Judge, and the Hon. A. Polette, a Lower Canada 
 Judge, being the other Judges appointed. The matter 
 had evoked profound feeling and intense party bitter- 
 ness, and all the Judges named were assailed, with great 
 acerbity, by a portion of the Opposition Press,* as might 
 
 * As we have given extracts from the Press favorable to the .ludge, we have 
 thought it proper to give also all that has ever been said against him. 
 
 *' Mr. Gowan has been for the past 25 years the confidential adviser f.nd 
 " personal friend of Sir John A, Mncdonald, has prepared some of his 
 " measures, and has received such favors fr^m his hands as could be thrown 
 " in the way of a Judge by an Attorney-General or Minister of Justice. 
 " Judge Gowan has already done a goo<i deal of servile work for Sir John A. 
 " Macdouald, but has never gained the object of his aspirations — a seat in 
 " one of the higher courts. Perhai>s he sees this prize within his grasp at 
 *' the present moment." — The Olobe. 
 
 •' x\gainst the personal character of Judge Gowan, or against his impartial- 
 *' ity in his official capacity, no one can truly utter a word, but it is very 
 " different with his politics. He is kno«ni * * • a.'? an extieaie Tory 
 " and an ardent admirer and zealous defender of Sir John A. Macdonald in 
 " everything lie does • * *. It is merely a white washing commission 
 " composed of devoted followers and dependents of Sir John, chosen not because 
 " of any special legal qualification or emiuence of position or reputation, but 
 " because they were thought suitable for the dirty work to be done. We are 
 *' sorry to find that Judge Gowan has committed himself to the business. He 
 " has been too active a politician and too prominent a defender of the Gov- 
 " ernment to get credit for an honest course, or an impartial decision, it will 
 " bring nothing but suspici<m and may end in losing that public confidence 
 " he has so loaj< enjoyed." — The Expositor. 
 
 " As to Mr. Gowan we are also ready to award him the praise of being a 
 " highly res[>ectable magistrate »»»»». There is however one cir- 
 " cumstance whi?h make^ his appointment exceedingly indecent • • ♦ 
 " * * this is his well known friendship for Sir John A. Macdonald." — 
 Montreal Herald. 
 
 But Lord Dutferin, the Governor-General of Canada, in the memorandum 
 accompanying his despatch to Lord Kimberly, of 18th August, 1873, referring 
 to the personal of the Commission, says of Judge Gowan : " When at the 
 " Bar he was partner of the late Hon. J. E. Small, who was Solicitor General 
 *• for lJ)>per Canada in the reform government of 1842, when Mr. Robert 
 " Baldwin was Attorney-General. Air. Small was considered an extreme re- 
 •' former ; Mr. Gowan a moderate one." After speaking of his appointment 
 as judge by the Baldwin-Lafontaine government in 1848. It is added : ** He 
 " has held that position ever since and exhibited therein the best qualities of 
 " a Judge," and after mentioning several apix>intments and work j>erformed 
 by him concludes with the observation : "He has been consulted by each 
 " successive Attorney-General for Upi)er Canada since 1842, on the subject of 
 '• proposed changes in the Criminal, Muni<'ipal and other laws." 
 
S8 
 
 be expected in a matter which was used, and used suc- 
 cessfully in the end, to overturn the government of the 
 day. Judge Growan's appointment was challenged on 
 the ground of his being a personal friend of the Pre- 
 mier and as one looking for preferment on the Bench ; 
 a preferment, as was subsequently known, he had bt»fore 
 actually declined, and it was alleged that these consider- 
 ations would influence his judgment. The Uovernment 
 papers, on the other hand, spoke m high and eulogistic 
 terms of the personel of the Commission. 
 
 The Judges on the Royal Commission had very 
 serious and lesponsible duties cast upon them. They 
 became, in eft'ect, "buflers" between the two great con- 
 tending political parties in the state and the Governor- 
 Greneral, and must have known, in accepting the position, 
 they could not escape hard blows in the melee; but they, 
 doubtless, felt they would be lacking in what was due 
 to the representative of the Sovereign, if they declined 
 to act in the emergency as confidential agents of the 
 Crown. We do not desire to enter upon a buried sub- 
 ject, but Judge Growan had the satisfaction of knowing 
 that the representative of the Sovereign fully appreciat- 
 ed the services he was able to perform under the Com- 
 mission, and one of the ablest publicists in Grreat 
 Britain, who happened to be in Canada at the time, we 
 know, fully approved of the course taken by the Com- 
 missioners and the manner in which they conducted 
 the enquiry. And in the debates, which afterwards 
 followed in the Commons, the evidence taken before the 
 Commission was used by both parties. 
 
 If somewhat out of the order of date, it may here be 
 mentioned, that in 18V 1, Judge Gowan was appointed, 
 with four other gentlemen, Messrs. Adam Wilson, now 
 Chief Justice of the Court of (^'i^mmon Pleas ; J. W. 
 Gwynne, now a Justice of the Supreme Court ; S. H, 
 Strong, also of the Supremo Court, and C. S. Patterson, 
 
24 
 
 now a Judge of the Court of Appeal, a Commission to 
 enquire into the constitution and jurisdiction of the 
 several courts of Law and Equity, Superior and Inferior, 
 Appellate and Original, and into the operation and effect 
 of the present separation and division of jurisdiction 
 among the courts, etc., similar to the English Judica- 
 ture Commission.* A change in government took place 
 and the Commission was superseded, not however 
 before certain members of the Commission, namely : Mr. 
 Gwynne, Mr. Patterson and Mr. Growan had made con- 
 siderable progress in formulating a bill, on the basis of 
 a fusion of law and equity. 
 
 In the cause of public Education, Judge Go wan has 
 always been a conspicuous worker. In 1843, he was 
 appointed by the Government one of the Trustees of 
 the District Grammar School, and he has ever since 
 been connected with that Institution. Since the death 
 of the first chairman, the Rev. S. B, Ardagh, he has 
 held the position of chairman and is now chairman of 
 the Barrie Collegiate Institute. *' It is perhaps the only 
 " body of the kind in the country, in which complete 
 " harmony of feeling and action has always prevailed.''^ 
 He was also chairman of the Board of Public Instruc- 
 tion at Barrie, during the whole time of its existence. 
 A body, that for many years gratuitously performed the 
 duties of Examiners and to a certain extent of Inspec- 
 tors, indeed, a large share of the duties, which are now 
 committed to salaried inspectors and examiners. The 
 appointments were, at first, by the Government ; after- 
 wards, the power of appointing was transferred to the 
 representatives of the people in their County Councils, 
 
 — m ■■! .Ill ' I ■ 
 
 • The Canadian Biographical Dictionary, Canadian Portrait Gallery, Can- 
 adian Logal Directory. 
 
 + The other members of the Board are, Jiulge Ardagh, Judge Boys, the 
 Very Rev. Dean O'Connor, Mr. Sheriff McConkey, and Mr. Reeve Ross. 
 
26 
 
 the tenure being for three years ; but Judge G-owan's 
 appointment has invariably been renewed on the expi- 
 ration of every term. The Chairman is annually 
 elected by the board * 
 
 In connection with education, it must be mentioned 
 that to Judge Gowan, the Profession in this Province 
 owed the establishment in 1865, of their first legal 
 periodical, The Upper Canada Law Journal, which has 
 continued its prosperous career to the present time. To 
 this publication he was, for many years, the main and 
 almost the only contributor of original matter, and 
 afterwards largely aided with material support to keep 
 the publication abreast of the requirements of the day,+ 
 and this, with a single eye to legal reform and improve- 
 ment, and without seeking or obtaining any pecuniary 
 advantage to himself It is not for the writer, in this 
 sketch, to speak of the benefits of such a publication, 
 but one fact may be mentioned ; that many improve- 
 ments in the law, advocated in the early years of the 
 Law Journal, are now to be found on the Statute Book. 
 With the same unselfish feeling, Judge Growan was 
 
 * Amongst the Judge's early coadjutors on the Board, were men whose 
 memory and services will always be held in remembrance, namely : The Rev. 
 S B. Ardagh, Mr. James Dallas, the Rev Dr. Fiaser, the Rev. John Gray 
 and the Rev. F. Osier. Mr. Gray, the venerable Dr. Eraser and Mr. Osier 
 are still living ; all three gentlemen were pioneei ministers of the Gospel in 
 the District. The Rev. Mr. Gray recently retired from active duty, after be- 
 tween thirty and forty yeais of arduous labor. His career, in many resp"cts, 
 was like that «.f his friend Judge Gowan ; marked by the same earnestness of 
 purpose, wi<dom in counsel, courage and kindness ot heart as of maimer. 
 Mr. Gray's resignation wns received with universal regret, and he too carries 
 with him into his retirement the respect and regard of all who knew him. 
 
 t At first it was published by the Hon. James Patton, Q.C., and conducted 
 by him and Hewitt Bernard, Q.C., at Barrie for several years. It was 
 afterwards carried on by Mr. Richard Bernard, and subsequently by Mr. 
 William D. Ardagh, (m)w a Judge in Manitoba), and by the late Chief Justice 
 Harrison, to within a short time be. ore he was raised to the Beni-h. It is 
 now, and for seme years past has been, under the able management of Henry 
 O'Brien, Esquire. 
 
ever ready to aid those, who entered the field of legal 
 literature. 
 
 He placed all the material he had heen collecting, 
 "with a Anew to a work on Municipal Law, at the dis- 
 posal of the late Chief Justice Harrison, when he found 
 that that gentleman had undertaken such a work, and 
 read and revised upon every page of the Common Law 
 Procedure Act and Municipal Manual, as Mr. Harrison 
 in his Preface, and otherwise, very gracefully acknow- 
 ledged. And so with Mr. O'Brien, in his well known 
 Manual on Division Court Law ; and Mr. Boys, now 
 a Junior Judge, in his excellent work on Coroners — the 
 Judge showed the same desire to aid young authors. 
 Both these gentlemen expressed their appreciation and 
 respect by dedicating their works to him. 
 
 The marvel of so much and so varied work being 
 within the compass of one man to accomplish, may be 
 explained by the fact, that Judge Growan was a persis- 
 tent and rapid worker, and very methodical, and follow- 
 ed the habit of early rising. We have already said 
 that the announcement of his retirement took everyone 
 by surprise ; but it had scarcely become public, when 
 the Bar, the County Officials and the Officers of the 
 Courts took steps towards giving expression to their 
 feelings. At a meeting of the Bar, called on the occa- 
 sion, it was resolved to present the Judge with a suitable 
 address and a testimonial, in the form of a piece of 
 plate. The Officers of the Courts determined to do like- 
 wise, as did the County Officials 
 
 These several addresses — each in itself a fine speci- 
 men of the illuminating art — w^ere enclosed in beauti- 
 fully enriched frames, and were all three presented to 
 the Judge on the same occasion, the very day before he 
 left home, for a visit to England, The public journals 
 fully reported the proceedings, and we can give but a 
 condensed account from the several reports. 
 
m 
 
 The preBentationfi were made in the large Council 
 Chamber, at Barrie, in the afternoon of the 15th day of 
 October, 1883. A large assembly of ladies and gentle- 
 men were present to witness the ceremony, besides 
 those who took part in it. " The sombre spectacle of a 
 " group of gowned barristers would, at any other time, 
 " have compelled the idea of tiresome, intricate and 
 " angry argument, but on the present occasion, peace, 
 " good-will and respect were enshrined in the hearts of 
 " the many participants in the demonstration. In a 
 " word, the occasion was the formal expression of fare- 
 " well on the part of the Barristers. Solicitors, Olficials, 
 " and Division Court Officers of the County, to His 
 " Honor Judge Go wan, on his retirement from judicial 
 " life and temporary dej^anure from Canada. It was a 
 " ceremony fraught with much food for reflection. It 
 " was a tribute to a life of many years of judicial energy 
 " and perseverance, at a time when the institutions of 
 " civilization in this part of Canada were only inceptive. 
 " It was more than that, it was the crystalized recog- 
 " nition of scholarly distinction in the judiciary of the 
 " Dominion of Canada. No one acquainted with the 
 " history of the subject of these words can accuse us of 
 " fulsomeness, in saying that the natural and acquired 
 " ability of Judge G-owan has left an indelible impres- 
 " sion on the judicial history of Canada; and that his 
 " name as a jurist will continue to hold an important 
 " place in the annals of this country. 
 
 " At about three o'clock p.m., His Honor, accompanied 
 " by Wm. Lount, Esq., Q.C., entered the Chamber, and 
 " was ushered to a seat immediately in front of the 
 " Bench, the Bar greeting his entrance by rising. The 
 " Crier of the Courts commanded ' silence,' and Mr. 
 " Lount proceeded to read the following address, the 
 " members of the Bar standing.* 
 
 ' JJmiminer, of 18th October, 1883. 
 
38 
 
 His Honor James R. Gowan, late local Judge of the High 
 C(yurt of Justice, and Senior Judge of the Judicial 
 District of Simcoe. 
 
 We, the practising barristers and solicitors of the 
 County of Simcoe, cannot allow the occasion of your 
 retirement from the judicial bench to pass without 
 testifying, however inadequately, the high esteem in 
 which we hold you, and our regret that the relations so 
 long existing between us, are about to be severed. 
 
 The benefits derived by this County during the last 
 torty-one years from your high attainments and admini- 
 strative ability, have been incalculable. Courts have 
 been organized ; the legal business has been conducted 
 with precision and decorum ; and the judgments you 
 have given in the vast number of cases that have come 
 before you, have been luminous, dignified and impar- 
 tial. Nor can we forget that some of the most import- 
 tant enactments on our statute book owe their develop- 
 ment and moulding into shape, to the sagacious advice 
 you were at all times willing to afford, when called on 
 by the rulers of the state. 
 
 And not to this county alone have your services been 
 beneficial, for your system of organization, and the ex- 
 ample of your courts, have spread beyond our borders, 
 and have had marked influence in every county of the 
 Province, but space will not permit us to enlarge on 
 this, otherwise we should be led into a general reference 
 to the affairs of the Province, and possibly of the whole 
 Dominion, so great has been the influence of your 
 abilities and industry in various directions during your 
 term of office. 
 
 To us, you have ever been courteous, considerate and 
 kind ; to your discouragement of all that is unworthy, 
 by your inspiring sense of honor we attribute the high 
 standing we have attained, and we feel assured that the 
 tradition of your career will be long remembered, not 
 
only by the ^feneration r.ow livin;*, but by those who 
 may fome alter us. 
 
 We accordingly contemplate, with affectionate concern, 
 the withdrawal from us of one to whom we owe so 
 much. 
 
 We trust, however, that your intended sojourn in a 
 more genial climate will produce every good result, and 
 that under the care of an all-disposing (Jrod, your return 
 to us may be the commencement of a new era in your 
 life, and you may be enabled to pursue it with con- 
 tinued usefulness. 
 
 That you may be sometimes reminded of the cordial 
 relations that existed for so many years between yourself 
 and the liar of the County of Simcoe, we desire to 
 present you with a piece of plate, which we know you 
 will value, not for its intrinsic worth, but for the 
 feelings that prompted the gift. 
 
 On behalf of the Bar of the County of Simcoe. 
 
 JOHN DICKINSON, 
 
 Barrie, October 16, 1883. Secretary. 
 
 The address was handed by Mr. Lount to Judge 
 Gowau, who read the following reply : 
 
 Mr. Lount ami Gentlemen, 
 
 I thank you with all my heart for the very kind 
 address with which you have honored me. I wish I 
 could feel that I fully deserved all you say. Ever sen- 
 sible of my many deficiencies, I tried to make up for 
 them by a laborious assiduity and exactitude in fulfil- 
 ling every known duty, to the utmost of my ability. 
 It is the only merit I can claim, and I am by no means 
 sure I could have done much, had I been without the 
 stimulus which a learned and energetic Bar always 
 gives to the Bench. And now, in retiring from the 
 accustomed scene of my labors, and severing the rela- 
 tions that have connected us for so many years, the 
 
90 
 
 sadness, to me, is soothed by the regfrets you express ; 
 and the approving testimony you bear to my humble 
 services is the best award any public servant could 
 desire. 
 
 "When I recall the state of things as they were, when 
 I first set foot here, and the wonderful improvements 
 that have, since 1843, been effected in our legal, /nuiii- 
 cipal and educational systems, the increased facilities 
 for travelling, and the marvellous progress and pros- 
 perity of the country at large, there is opened to me a 
 wide and pleasant neld for observation, upon which I 
 should like to dwell, but it is not possible to do so at 
 present. This I may say, howeyer: in no particular is 
 progress so marked as in the growth of the Bar here 
 and elsewhere, in numbers, in influence and trained 
 knowledge. 
 
 The rapid flight of time is brought before me, when 
 I remember that of the present largo Bar several of the 
 seniors were school boys when I was appointed to the 
 judicial office, and several others were born since my 
 first Court was held in the District. It has been my 
 great good fortune to be surrounded and aided in the dis- 
 charge of my official duties by those whom I have known 
 from their childhood, and never, in a single instance, has 
 anything disturbed the pleasant relations between the 
 Bench and the Bar in this judicial district. You can 
 understand, then, how warmly I reciprocate all you can 
 possibly feel towards me. I well know that the iiidus- 
 try and ability of the Bar has smoothed many a difficulty 
 forme in the way of judicial investigations, and it is 
 exceedingly gratifying to me to recall the hi^h profes- 
 sional tone which always prevailed, and could always 
 be safely confided in, being grounded on convictions of 
 duty, and a nice sense of honor — securing a liberality 
 in practice beneficial to clients, and speeding the dis- 
 posal of matters really in dispute between litigants. I 
 
SI 
 
 am proud to know that this Bar is conspicuous in the 
 Province ibr the ability of its members, Ihe number who 
 have attained hi<^h position in their own peculiar field, 
 as well as in public life, who have ably served the 
 public in the courts and elsewhere with all the honesty, 
 zeal and courage which have secured for our honorable 
 profession its high standing amongst an educated and 
 most intelligent people very tenacious of their rights — 
 su(;h is the simple fact, and if indeed I have in any 
 degree impressed upon the profession my views of their 
 honorable and responsible duties, I feel thankful indeed. 
 I may repeat what I eaid, on an occasion similar to the 
 present, that 1 felt it was right t^r^t I should endeavor 
 to discharge every duty, faithfully and fearlessly, to 
 create confidence in and to secure to suitors the full 
 benefit of the several courts over which I presided, and 
 to impress the public with the feeling of respecl never 
 withheld from a court of justice, however limited its 
 sphere, where order and decorum obtain ; that from the 
 first I felt that this could best be done with the aid of 
 an educated and honorable Bar, who would feel with 
 me that we were all ministers of justice — all equally 
 striving for the same great end. What I said fifteen 
 years ago, I can emphatically repeat, that from the pro- 
 fession in this County I have always received the 
 greatest aid in the discharge of my judicial duties, and 
 it is to your cordial co-operation and support I am in- 
 debted for a measure of success that, unassisted and 
 unsupported, I could scarcely have obtained. In gladly 
 according to the Bar every privilege they could fairly 
 claim, in fostering a right feeling in their intercourse 
 w^ith each other, in publicly combating prejudices 
 against them, I have ever felt I was strictly within the 
 line of duty ; but I think you will acquit me of the 
 weakness, which fails to look for the inherent merits of 
 a case in admiration for the skill and zeal of counsel. 
 
The kind consideration you hare always shown me I 
 have every confidence you will extend to my successors. 
 It is a consolation to me to know that my learned 
 brother Judge Ardagh takes my place, educated in the 
 country, and with an experience of some ten years on 
 the Bench, the Profession and the public will not lose 
 by the change. You all know Mr. Boys, who will be 
 the Junior Judge, and his very honorable position at 
 the Bar. With two such worthy men on the Bench of 
 this Judicial District, both in the prime of life — the 
 profession and the public^ I repeat, will gain by my 
 retirement. 
 
 Though giving up active duty, I shall still consider 
 myself in a sense, with harness on my back, being em- 
 I)Owered still to take occasional duty, and 1 may mention 
 that the Grovernraent of Ontario continues me in the 
 position of Chairman of the Board of Judges. 
 
 Let me say one word as to my retirement, as you are 
 aware this is the largest Judicial District in the Pro- 
 vince, having a population not very long since, equal to 
 that of Manitoba and British Columbia together. The 
 duties are very onerous, requiring the services of at 
 least two active men to perform properly with the 
 promptitude demanded in the various duties made inci- 
 dent to the Judge's ofiice. And I felt the time had 
 come when in justice to the public and my brother 
 Judges I should make way for a younger man. My 
 age and uncertain health demanded more repose than I 
 cc .i J properly ask or take, and so I sought retirement, 
 and after forty-one years of hard work, it cannot be said 
 that my appeal to be relieved was in any sense prema- 
 ture. Indeed I have the satisfaction of knowing that 
 His Excellency appreciates, as he is pleased to communi- 
 cate, my "faithful, efficient and impartial conduct 
 during my long term of Judicial service." You are 
 good enough to refer to other work I have been engaged 
 
33 
 
 in — I did try to be of some use outside my official en- 
 gagements, when employed in matters oi public in- 
 terest and concern. It was, I felt, only my duty to render 
 such willing aid as was required of me, by those who 
 were anxious to promote all that was good and safe in 
 the improvement of the law and its administration, and 
 who were in the high position which enabled them to 
 give effect to their desires. And should I return, as I 
 trust I shall, with restored health, I hope to find some 
 opening for usefulness, for I feel that I am not without 
 a residuum of energy, and I could not well live an idle 
 life. 
 
 I would fain say more, and with all the warmth that 
 words can convey, but you will know how much I am 
 occupied, as I leave for England to-morrow, and how 
 disturbing are necessary preparations, and will excuse 
 my imperfect expression of thanks. I should indeed be 
 insensate if I were not touched deeply by your kindness. 
 I may well feel honored by this last mark of your re- 
 gard, by the more than kind words you have addressed 
 to me. I am deeply grateful — but not content with 
 words, you have thought it right to order a piece of 
 plate to be presented to me, I can but accept your gift 
 at such time as you think proper to give it. I did not 
 need it to deepen the impression your generous testi- 
 mony has made upon me. Whatever it raay be, I shall 
 prize it as my most valued possession, more to me than 
 any other honor that could be conferred, for you use it to 
 set the seal, as it were, to what you in your spontaneous 
 kindness have said. It is not the only token I have had 
 from the profession of their regard, and I should feel 
 humbled to the very dust if I had not aspired, from the 
 first, to accomplish some of the good, that in your 
 partial judgment you couple with my poor efforts. 
 
 I would thank you, once again, for the unbroken 
 attention, respect and kindness of years, and my earnest 
 
34 
 
 prayer is that God may bestow upon you, and those 
 dear to you, His richest blessings heie, and an eternal 
 life beyond. 
 I bid you an affectionate farewell. 
 
 After a brief interval the High Sheriff, at the head of 
 the County Officials, approached to where His Honor 
 was standing, surrounded by the Bar and read the 
 following address : 
 
 His Honor James R. Goivan, late local Judge of tlie High 
 Court of Justice, and Senior Judge of the Judicial 
 IHstrict of Simcoe. 
 
 "We, the undersigned Officials of the County of Sim- 
 coe, having heard, with sincere regret, that your Honor 
 has resigned your Judicial office, a position that you 
 have so ably and honorably filled, for upwards of forty- 
 one years, to the entire satisfaction of all classes of the 
 community, cannot allow your Honor to withdraw from 
 your official position, without an expression of unfeign- 
 ed sorrow, at the severance from us of a gentleman, 
 with whom we have been so long officially connected, 
 and whose wise counsels were always beneficial to us 
 in the discharge of our multifarious, and often perplex- 
 ingduties. 
 
 We cannot but remember the early days, when your 
 official duties required you to travel what was then a 
 wilderness, but what has since been converted into 
 peaceful homesteads, peopled by a law-loving and law- 
 abiding community, and we are not saying too much, 
 when we say, that the law and order for which this 
 County is noted, is in a great measure attributable to 
 your Honor's wise and firm, but gentle administration 
 of justice. 
 
 We trust that yourself and Mrs. Oowan may have a 
 pleasant tour, and return before long to the County in 
 which so many of your best years have been passed. 
 
 We feel satisfiea, notwithstanding your retirement 
 
35 
 
 from the Bench, that your matured knowledge will not 
 be lost to the country, but that in some shape, the com- 
 munity will yet Tv^ceive the benefit of the vast amount of 
 experience that you have acquired during so long and 
 active a public life. 
 
 T. D. MoCoNKEY, Sheriff, 
 
 J. McL. Stevenson, Clerk of Co. Court, 
 
 Samuel Lount, Registrar, 
 
 H. E. A. Boys, County Treasurer. 
 
 To this address the Judge's reply was as follows : 
 
 Mr. Sheriff and Gentlemen, 
 
 While it is a source of deep and sincere gratification 
 to me to receive from you an address conveying such 
 kindly expressions of appreciation and regard, I cannot 
 conceal from you that such an occasion as this produces 
 within me feelings of sincere regret, for I know that 
 our association together, as public servants, now practi- 
 cally ceases — an association that has been fraught with 
 pleasant recollections of the work in which we were 
 engaged. If 1 was able to be of use to you in any way, 
 it is so long since, and the occasions were so infrequent, 
 that I had forgotten it ; and now, no one fami^gj, with 
 the efficient manner in which your duties are perform- 
 ed, could suppose that you need aid or suggestions from 
 any one. I am happy to acknowledge your courteous 
 and unremitting kindness to me personally, and the 
 great satisfaction I have had in my necessary official in- 
 tercourse with you for many years. It is well when 
 public officers, who are in close and intimate relation of 
 duty, are able to work harmoniously together. It is 
 satisfactory to themselves. It is a benefit to the public. 
 That satisfaction I have shared without a single draw- 
 back and am bold to say nowhere have the public been 
 
36 
 
 more faithfully and zealously sensed than in this exten- 
 sive and populous jurisdiction. The very best officers 
 are liable to have their acts misunderstood, and their 
 services under-rated, and they are sometimes called upon 
 to stand upon their defence. I cannot recollect, how- 
 ever, a single instance in which a well grounded 
 complaint against any one of yoacame under my notice, 
 and I am glad to bear testimony to the faithful, careful 
 and discreet way in which your duties were ever per- 
 formed. 
 
 I can say, without flattery, that our officials stand in 
 knowledge, character and ability second to none in the 
 Province. If Grod grant that I return with renewed 
 health, I hope to find congenial work of some kind for 
 the good of our country, and possibly I may at times 
 put on ray old harness, and T am sure I should enjoy, as 
 in the past, our communion of work : but the strong 
 motive for work that I had in the past will not be there, 
 for I feel that my object has now been attained, and my 
 able successors will well and faithfully carry on the 
 work that, as Chief Magistrate, I inaugurated, and 
 which has been brought to a fair state of completeness 
 through the very efficient help that has been accorded 
 to me. 
 
 I need not allude, in detail, to the many kind things 
 you have said of me in your address. You have given 
 me something by which to remember you in the days to 
 come, when I shall not meet you in daily converse ; but 
 partings are sad, and I do not feel equal to more ex- 
 tended remarks. 
 
 I thank you for myself and my wife, for ^''our kind 
 wish in reference to our journey. I wull only add that 
 each of you possesses my warm regard, and that I part 
 from you, I hope only for a short time, with earnest 
 wishes for your well being, in both your official and 
 private lives. I bid you a warm farewell. 
 
m 
 
 Mr. Adam Dudgeon, Mayor of Collingwood, and 
 Clerk of the Fourth Division Court, th*;n advanced to 
 the table, followed by a large number of the officers 
 present, and read the following address, to His Honor : 
 
 We, the officers of the Division Courts of the County 
 of Simcoe, feel that, after so many years of official and 
 personal intercourse with you, it would be impos- 
 sible for us to permit the occasion of your retirement 
 from active service to pass without giving some formal 
 expression to our sentiments. We regret very deeply 
 that you have found it necessary to resign the position 
 of Senior Judge of the County, which you have so 
 w^orthily and acceptably filled for so long a period. We 
 desire to express our gratitude to you for the many acts 
 of kindness and attention w^hich we have received at 
 your hands in the direction of our official duties. We 
 nave never sought advice or instruction from you in 
 vain, but we have always found you to be ready and 
 •willing to assist us in every way to perform our duties, 
 and full of solicitude for the best interests of both 
 officers and suitors. The relations between a Judge and 
 his subordinate officers are not always of the most 
 friendly description, and it gives us unfeigned satisfac- 
 tion to be able to bear our unanimous testimony to the 
 unvarying kindness and courteous consideration with 
 w^hich you have at all times treated the Division Court 
 officials of the County. We are firmly of opinion that 
 a great part of the success which has attended the ad- 
 ministration of justice in the " People's Court" of this 
 County, is owing to your jealous care and supervision, 
 and to the signal ability witn which you have conduct- 
 ed their affiiirs. As a very slight token of our esteem 
 and regard, w^e cordially beg your acceptance of the 
 accompanying small gift (a handsome gold-headed cane 
 on w^hich was engraved His Honor's name, etc.), and it 
 
is our earnest hope that your future life may be lully 
 laden with all possible happiness and comfort. 
 
 Adam Dudgeon. 
 Babrie, Oct. 18, 1883. H. "Williams. 
 
 In reply, His Honor expressed his regret that the 
 intimation of this Address and Presentation came too 
 late for him to write his reply, but his thanks, he said, 
 were none the less hearty and sincere. He had appoint- 
 ed over one hundred subordinate officials, only four of 
 whom he had had occasion to remove, and many of 
 whom had since been appointed to responsible positions 
 in the County and Province. He had looked only to 
 personal fitness in all his appointments. The law was, 
 however, now changed, and all such appointments were 
 vested in the Government of the day, and although 
 they had, of course, a much more limited field to select 
 from, he hoped the best available men would be chosen 
 to fill the subordinate Division Court offices, as had been 
 the case in the late appointments. Formerly those who 
 held these offices received large fees, but now their 
 emoluments were reduced to the lowest living point. 
 But he hoped the law would be so amended as to 
 supplement these fees by a small salary. His Honor 
 concluded by again thanking them for the good washes 
 expressed in the address just read, and the accompany- 
 ing beautiful present.* 
 
 The piece of plate, referred to in the address from the 
 Bar, Mr. Lount explained, coald not be procured in time. 
 It was subsequently obtained in England^ from "The 
 
 ♦ Examiner, 18th Oct., 1883. 
 
 t The Bar were fortunate enough to secure the valuable aid of James Hore, 
 Esquire, of Drinagh, Dulwich, England, himself a retired Judge of th« 
 Indian Ben:h, in can7ing out their intention in respect to the testimonial, 
 and that gentleman most kindly in their behalf, arranged with the manufao* 
 torers, as to the design and execution. 
 
39 
 
 Goldsmith and Silversmith Manufacturing Company," 
 Regent Street, London, and is a very beautiful work of 
 art. It is in the form of a silver centre-piece, designed 
 in the Greco-Roman style of art. From a handsome 
 triangular base, richly decorated with shields, enriched 
 with the maple leaf and bearing the Arms of Canada 
 and of the Province of Ontario, as well as a design from 
 the Arms of the Law Society of Ontario, and the re- 
 cipient's own Arms, spring three columns supporting a 
 canopy under which stands a majestic figure of Justice. 
 From the centre of the canopy spring three richly 
 wrought branches and a centre stem, each supporting 
 glass dishes for fruit and flowers. On one of the shields 
 is the inscription : " Presented by the Bar of the Judicial 
 " District of Simcoe, to His Honor Judge Gowan, on 
 '* the occasion of his retirement from the Bench, as a 
 " mark of their appreciation of long and valuable public 
 " services and as a token of their personal esteem and 
 " regard. Barrie, 16th October, 1883.* 
 
 The cane presented by the Division Court officers was 
 unique, of its kind the finest that could be procured in 
 the country, and the solid gold head bore the following 
 inscription : " Presented to His Honor Judge Gowan, 
 " on his retiring from the Bench by the Division Court, 
 " Officers, County of Simcoe." 
 
 After the ceremony had closed, the Judge received 
 the warm greetings of his friends, and bade good-bye to 
 those present. 
 
 The whole scene was touching and interesting; it 
 w^as the severing of a connection of over forty years, 
 with the spontaneous testimony, of those best capable of 
 forming an opinion, to a well-spent life — to the employ- 
 ment, continuous and persevering, of rare abilities, 
 
 'Canadian Oazette, London, January 17th, 1884. 
 
40 
 
 in the faithful dischargee of duty — to abundant and 
 successful effort to promote the public good.* 
 
 "No man in the length and breadth of the land was 
 " better known. The old Judge, as he was familiarly 
 " called, has been a prominent figure for half a century, 
 " the venerated Chief Magistrate of two generations. 
 " His high legal attainments and keen perceptive 
 " faculties were not alone appreciated by the Bar, the 
 " whole County understood and valued his great in- 
 " dustry and ability, another instance of the vigor and 
 " intelligence of the Celtic race. Like Lord Brougham, 
 " with a wealth of legal lore he possessed also a highly 
 " cultivated mind, and did his part amongst us in the 
 " advancement of Learning, Science and Art, at once 
 " the true patron of the student and a most distinguish- 
 " ed Judge."t 
 
 The sentiments expressed in the addresses were not, as 
 we have said in the early part of this paper, mere words 
 of compliment, they were evoked by facts ; and more- 
 over Judge Go wan had won the respect and attachment 
 of those with whom he had been in contact for many 
 years. 
 
 His ambition was not to shine, but to be useful in 
 the position he filled and he ever goA^erned himself 
 under a conscientious sense of duty and right. With 
 an eminently judicial frame of mind, impartial, discrim- 
 inating and clear, he was prompt and firm. Whatever 
 the advocate might think of the result he never felt 
 
 * In referring to Judge Gowan's career in Canada a prominent Dublin journal, 
 The Irish Times, thus concludes a lead'ng aiticle : " We recognize in the 
 *' life-work and brilliant success of our brother Irishman another proof that 
 *' in the Colonial field Irish success oftev eclipses that of men of every 
 ** other nationality and earns for our people a higher regard in the woild. 
 " Judge Gowan's scholarship and literary skill, added to his legal qualities, 
 " have rendered him one of the most accomplished jurists of Canada through- 
 '* out many years." 
 
 'fCollm^rjoood Enterprise, 25th Oct., 1883. 
 
a 
 
 that he had been treated unfairly by the Judge, or that 
 arguments submitted had failed to receive full considera- 
 tion at his hands ; even the losing party left the court, 
 if not convinced by his reasoning, satisfied at least that 
 he had had a fair and patient hearing. There was such 
 a moderation — calmness, such an evident desire to do 
 justice in every case, that absolute confidence was the 
 result. 
 
 In the administration of the Criminal Law, he was 
 said to haA'e looked somewhat leniently on tirst otlences 
 of a light kind, such as assaults growing out oi sudden 
 affrays, only too common in the country till of late ; on 
 the other hand, he meted out the most severe punish- 
 ment in any case where a deadly weapon was usi'd, or 
 where treacherous or brutal conduct was involved in the 
 act. His sympathy with the weakness of* human 
 nature was intense, as was his abhorrence of all th it was 
 vile or unmanly. No liberties were taken with Judge 
 Gowan, and he looked for and secured the respect to 
 which his position entitled him. At the same time he 
 was very jealous for the Bar and never failed to respectt 
 their just rights or vindicate its members individually 
 and as a class against impertinence or unjust aspersioji. 
 
 The Judge left for England the day alter the presen- 
 tation of these addresses. The first meeting of Simcoe 
 Municipal Council took place at Barrie the following 
 month. This "House of Representatives," composed of 
 over fifty Reeves and Deputy-Reeves, elected by an 
 annual vote of the registered voters in the several muni- 
 cipalities, in Council, unanimously expressed their 
 regret at Judge Gowan's retirement, and determined 
 that an address from their Body should follow him to 
 England and that the Council should otherwise mark 
 their high estimation of the Judge. Finally, it was de- 
 termined that his likeness should be procured* and 
 
 * The Deputatiuu appoiuted to pronounce upon the fidelity uf the likeueM 
 
hung in the Council Chamber in the Court House, 
 where the session of the Council is held and where, 
 when the Civil and Criminal business of the Courts 
 occasionally divide, Judge Growan usually sat. 
 
 Not long alter, the address, in album form, bound in 
 high art style and richly and beautifully illuminated, 
 followed the Judge to the Old Country and it must 
 have been more than gratifying to him, a stranger and 
 sojourner in the " Old Land," to receive this token of 
 remembrance from his far oif .^ome. This address was 
 as follows : 
 
 To His Honor James Robert Gowan, late Judge of the County 
 Court of the County of Simcoe, and Local Judge of 
 the High Court of Justue in Ontario. 
 
 The Warden and members of the County Council of 
 the County of Simcoe feel that they cannot allow the 
 event of your resignation of the position of Judge of 
 the County Court of the County of Simcoe to pass with- 
 out giving some expression of their very high apprecia- 
 tion, not only of the many kindly services willingly 
 rendered them during that lengthened period, but of 
 the great interest at all times taken by you in the public 
 affairs of the County, and more particularly of the 
 assistance given in bringing the Municipal Laws of the 
 Province to their present state of great efficiency, and 
 also in the consolidation and revision of the general 
 laws of this Province. And the members of this 
 Council have always felt a just pride in the knowledge 
 of having one to refer to in any matter of importance, 
 and one so willing to give his best assistance at all 
 times. 
 
 consisted of His Worship the Warden, Colonel Banting, County Clerk ; 0. J. 
 Phelps, Esq., M.P.P., G. P. McKay, Esq., M.P.P., Charles Ururv, Esq.,.M. 
 P. P, Henry H. Hammell, Esq.. M. P. P., William Lount, Esq., Q. C. A 
 sufficient guarantee that tlie wishes cf the Council have been faithfully 
 carried out. 
 
When a man has given the best years of his life to 
 the service of his country — and particularly in such 
 an arduous position as you occupied, for many years in 
 the earlier days, after your appointment as Judi^e, when 
 the country was sparsely settled, and roads often next 
 to impassible, and even the common comforts of life not 
 attainable — the least those, who enjoy the fruits of your 
 labor, can do is in some way to recognize those services. 
 
 The County Council, as a very small recognition of 
 your services to that body, have determined to place a 
 ■well-executed and framed likeness of your Honor in the 
 Council Chamber o\ er the seat you have so long honor- 
 ably and efficiently filled ; and they trust you will 
 approve of this simple tribute to your worth not only 
 as a public man, but as a citizen of this County, in the 
 spirit in which it is done. 
 
 We cannot close this Address without wishing your- 
 self and Mrs. Go wan all the health happiness and 
 prosperity that it is possible for any of us to enjoy in 
 this life, and long may you both be spared in Uod's 
 good providence to enjoy the wide-spread reputation 
 you have so well and faithfully earned by a long life of 
 hard and continuous work. 
 
 By and on behalf of the County Council of the 
 County of Simcoe," 
 
 Council Chamber, Barrie, 16th Nov., 1883. 
 
 Robert T. Bantino, Gr. M. Evans, 
 
 County Clerk. Warden. 
 
 The Judge's reply was laid before the Council, and 
 appears in the minutes of the following Session. It 
 is as follows : 
 
 To the Worshipful Warden and Members of the County 
 Council, of the County of Simcoe : 
 
 G-ENTLEMEN, — Your address has followed me to the 
 Old Land, far away from the dear home where so many 
 
happy years of my life were spent amonj[^t yon all. 
 Such unexpected kindness touches me deeply, and no 
 language can convey my sincere appreciation of your 
 approving testimony. 
 
 The governing body in the larorest and most prosper- 
 ous County in Ontario, and I raiofht add in the Dominion, 
 representing not merely its Municipal powers, but its 
 intelligence, its aarricultural, commercial, manufacturing 
 and professional interests, I may well feel honored in 
 having received such an address from gentlemen whose 
 position commands respect for their testimony; and, 
 although there may be an element of personal kindness 
 in your action, I trust I may regard it as a deliberate ex- 
 pression of opinion that I have not been wantinsr in an 
 earnest endeavor to discharge my duty faithfully, that 
 I have not been unmindful that it became me to assist, 
 according to my opportunities, in all that was calculated 
 to promote the solid good of those amongst whom my 
 lot was cast. 
 
 I certainly have from the first been somewhat familiar 
 with our District Councils, and although I recoirnized 
 imperfection in the new scheme, I never faltered in the 
 conviction that the advantages of safe self-government 
 would ultimately be abundantly manifest. I was not 
 mistaken. We can now fairly claim tliat we possess the 
 most perfect system of municipal government enjoyed 
 by any country, and have proA^ed that an intelligent 
 and educated people may be safely entrusted with the 
 management of important matters demanding local 
 administration — matters that would but retard and em- 
 barrass the proceedings of the higher legislative bodies, 
 if indeed they were there able to secure the attentions 
 they deserved. 
 
 The large pow^ers you possess could however, as I 
 think we feel, only be safely entrusted to fit and capable 
 agents, and you will agree with me that our excellent 
 
school system has played an important part in produc- 
 ing the state of perfection in working, to which our 
 municipal system has attained. The very small aid I 
 
 have been able to give towards its safe development, 
 would have had no practical result, if the public men, 
 who from time to time shaped legislation, had not 
 themselves earnestly desired to make our municipal 
 law what it is ; or if the county councils lacked the 
 discretion and intelligence necessary for the due perfor- 
 mance of their important and responsible duties. 
 
 I have always been proud of the high i^osition of 
 your body amongst the Councils of the Province, and 
 not one of them has furnished more couspicuous evi- 
 dence of the educating value of such bodies in Httiiig 
 men for the higher duties of representatives of the 
 people in the legislature 
 
 In many respects our County stands foremost, and 
 having watched its progress from the primitive condi- 
 tion of a "new settlement," I am filled with admiration 
 of the patient industry and intelligent energy that have 
 accomplished so much in a period of forty-one years. 
 You know that at first we had barely passable roadways 
 through the " woods," that farming operations were con- 
 ducted in a very imperfect way, that commerce and 
 manufactures were scarcely in the bud, that the few 
 schools which existed were imperfectly served and ill 
 regulated, while the municipal system was a recent 
 creation, and moreover that ready submission to the law 
 of the land was not universal. Many of you will re- 
 member the time when this state of things prevailed, 
 and will know what a contrast presents itself as you 
 now look around you — the whole country accessible by 
 excellent roads, and more than that, netted all over with 
 railroads, agriculture in its various aspects carried on 
 intelligently by an educated faruiing community, Iroe 
 public schools, with efficient teachers under a auiform 
 
46 
 
 system, within easy access of all, the laws everywhere 
 respected and cheerfully obeyed, and last though not 
 least, our municipal system permeating every part w ith 
 its healthy infiuences — ^yes, when you look around you 
 you cannot help feeling that ours is a happy and honor- 
 able position, and must bless God every day that your 
 lot is cast in a free country, where there is work for all, 
 and bread for all ; where honest labor meets its appro- 
 priate reward, and where any deserving man in the 
 community may aspire to the highest place and the 
 largest power for serving his country. 
 
 If we have contentions and some acerbity of feelings 
 at times, I fear they are inseparable from our form of 
 party government, but I do earnestly hope that what- 
 ever divergence may exist in matters of political concern, 
 all will continue to be united in the effort to maintain 
 and improve the prosperous and honorable position in 
 which the County of Simcoe now stands. 
 
 The particular mode in v*'hich you have been pleased 
 to recognize my desire to be useful is very grateful to 
 my feelings, and I thank you sincerely for the honor 
 you have done me in placing my likeness in your 
 Council Chamber and in voting me your kind address 
 in such beautiful form. 
 
 Mrs. Gowan cordially thanks you for including her 
 in your kind wishes, which we both warmly recipro- 
 cate. 
 
 My earnest wish is that wisdom may direct all your 
 deliberations and strengthen you in every effort for 
 the public good ; above all I desire that each of you in- 
 dividually, may possess the blessing which maketh rich 
 and addeth no sorrow with it. 
 
 Believe me, 
 Kensington Houae, Most faithfully yours, 
 
 Bournemouth, ▼ t* /n 
 
 H«n^ England, Ftb. % 18S4 J ^. ROBERT QOWAN. 
 
The Judge's likeness, extremely well executed, now 
 occupies the place of honor mentioned in the address of 
 the Council. 
 
 It is not possible, in a brochure such as this, to enter 
 upon the subject of the numerous addresses by the 
 Judge to Grand Juries, dealing in an instructive way, 
 critical and suggestive, with a variety of questions, of 
 Jurisprudence* and kindred topic^s of general interest, 
 suffice it to say, such addresses were always well con- 
 sidered and opportune; in the words of "Bystander" 
 the ablest and most accomplished writer in the country, 
 "Judge Gowan's utterances always commanded atten- 
 " tion." 
 
 Before closing this very sketchy paper, we have to 
 mention an honorary distinction conferred upon Judge 
 Gowan, while he was still in England. 
 
 The University of Queen's College at Convocation, in 
 April last (forty-third session), conferred upon him the 
 honorary degree of LL.D. This marked recognition of 
 worth by a great University, very sparing of the dis- 
 tinctions she confers, was a compliment indeed, and 
 must have been most gratifying to the Judge, as it cer- 
 tainly was to his friends in Canada and elsewhere. A 
 
 • The review of recent Legislative enactmants was usually a prominent 
 featura in theue addresseii, but ottier questions referred to were IVeiiueatly dts> 
 cussed and favorably noticed by the public Press. Ke eiruig to uuv o\ theue 
 addresses The Montreal Gazette, says : "Mr. Justice Oowan, than whom per- 
 ** haps there is not an abler man upon the Bench in Caiiada, says in hi^ 
 ** addresses to the Giaad .Jury" ••••••• Mr. Gowan's opinions are 
 
 " of ^reat weight and will (ioubtless have influence iu the discussion of the 
 '* subject next session of Parliament." • * • 
 
 " In his last address" says the Canada Prenbyierian, *' Judge Gowan made, 
 " as he always doe^, a number ot very sensible and timely remarks." * * 
 
 Some of the Judge's addresses were elaborate compositions. One is now 
 before the writer, in the form of a re-publicati n, with notes by the K <n. 
 Jas Pattoii, Q.C., under the caption of " Tlie Canadian Const ible'a AiiiistMiit." 
 It is really a treatise <m the numerous and important duties of Peace OHicers. 
 ^^a compendium of the law on the subject. . . 
 
leading Old Country paper, "The Irish Times," thus 
 refers to the matter : " We are gratified to find in the 
 " Toronto Mail, of the 1st of May, a report of proceed- 
 " ings of peculiar interest in the Convocation Hall of 
 " the University of (Canada, when the degrees were con- 
 " ferred and prizes distributed to a large number of 
 " successful students. One of the most striking features 
 " of the occasion was tho giving of an honorary degree 
 " to Judge Gowan, a distinguished Irishman, whose 
 " career in Canada has been most successi'ul. The honor 
 '* thus paid to Judge Growan in recognition of his high 
 " abilities and long service in the judiciary will not fail 
 " to be appreciated by his countrymen." 
 
 "We make an extract from the Report of the proceed- 
 ings at Convocation, published in the Toronto Globe : 
 
 " Vice-Principal Williamson then advanced, and mov- 
 " ed to have the names of three* eminent gentlemen 
 " added to the list of ihose bearing honorary titles con- 
 " ferred by this univeridty. In doing so he moved the 
 " following three addresses : 
 
 " Mr. Vice-Chancellor, 
 
 " I have the honor to present to you the name of 
 "Judge James Robert Gowan as one on whom the 
 " Senate desires to confer the degree of LLD., in special 
 " recognition of great public services, in connection 
 " with our judicial system, the codification of our laws, 
 " and the educational and religious life of our country. 
 " It is scarcely possible to over-estimate the value of 
 " Judge Gowan's services, continued unwearilv for 
 " nearly half a century, particularly as regards proceed- 
 " ure in courts, and the revision, consolidation, and 
 " classification of the statutes, first of Upper Canada 
 
 • The other ji;entleinen were the Kev. A. Geikie, D. D., of Bathurst, New 
 Sout'i Wales, and the Rev. James Chalmers Burus, M.A., of Kerklestons, 
 Scotknd. 
 
49 
 
 *• and subsequently of Ontario. For his labors in this 
 '* latter work it may be mentioned that he was present- 
 " ed with a gold medal by the Government of Ontario. 
 " His literary labours and the many important and 
 " official positions he has held have not prevented him 
 " from undertaking other onerous duties to which the 
 " voice of his fellow-citizens called him, and in the dis- 
 " charge of which he has displayed the highest 
 " qualities of a good citizen and of an earnest catholic 
 *' Christian. He has acted for more than thirty years as 
 " Chairman of the High School Board of the County of 
 " Simcoe, has aided to the uttermost of his ability every 
 " good cause, and has endeared himself to his colleagues 
 ** and the public by varied abilities, untiring industry, 
 " and sterling character." 
 
 There is ample material upon which to enlarge, but 
 the writer has gone over, however imperfectly, the 
 ground to which he limited himself If he has not re- 
 ferred to all points of interest in Judge Crowan's career, 
 or made mention of all the appointments he held and 
 public services rendered, it is because the design of this 
 paper was not to give an exhaustive account, but to 
 show in convenient form the addresses and proceedings 
 in connection with the Judge's retirement and to make 
 such selection from other published matter as might 
 serve to prove that the Bar and others who addressed 
 him had, in what they said, overdrawn nothing. 
 
 The writer trusts he has succeeded in his purpose ; 
 and this paper is to him a small but heartfelt tribute of 
 respect and veneration for "the old judge," whom he, 
 as a child, has known — as a school boy at the Barrie 
 Grammar School — as a law student and later as 
 
 A Member of the Ontario Bar. 
 
 Barbie, August, 1884.