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Les diagrammes suivants illustrant la mAthode. 32t 1 2 3 4 5 6 r I 1 f (''W^^ ■* ['ijy ''^^7i % GLEAj^IKGS FKOM THE PUBLIC PRESS RELATING TU THE APPOINT viENT OF 1* mE HONORABLE ./. R. UOVVAN TO THE SENATE OF CANADA BV A MEMBER OF THE BAR. i w « WITH THE COMPLIMMTS OF WR WmTER. (;LEAi\IN(;S KIIUM THK PUBLIC PRESS RKLATINa TO THE APPOINTMEN' 111.- THE HONORABLE J. R (;0\VAN 1(1 THE SENATE OF CANADA nv A MEMBER OF THE BAR. 7 ^ I it Ell th( mji ivt aiK lulc bri: put tha "th abn 'Hi' l.ii All ^ mil <>/ 'O'i I W.' IW'l sntislk'd, iiotvvithsiuiidiiio- IVom the Ik'iich that voui your n'tircinent not be lost to th luatmvd kiiowlcdi <■ country, but that in the CO amount of i-xix-riouci"' that you hav ^^o long and activf a public lile." Tl onic will i])e »/"V^"';y ^iil > i;t have the j>enelit ol" the vast o ac(juired duriuff l)ro\ ("d to be a correct I "oreeast. Mr. ( Europe innuediatelv after his ret Hs <'xi)ression Towan K'l't ibr vtireinejit, returning- in wa.-; not long allowed to r( the Autumn ol' l,s,s4 If main in inivate lile, lor within th .,,., return he was re-called to the service ol' h ree months alter hie another ,e Id receiving the (^u-en's Summons to \hl ^ona e ol ( anada. Some releren.-e to this aj.pointmen^ and he comments ol the press thc-reupon, seem alittin- addenda to he comi)i]ation belbre referred to, and to bring toge her selections from what was said is the purpose ol he writer of these pages, and they will show !!^:'^':''\^^'-:'':^'^i^'^^^^'^^v.^^nvnt IVom *he Ben.-h. the old Judge s appointmenr to the Senate called forth abundant expression of thepubli,- estimate of his worth. " n,"n;il''l!f''^lT .''n' l"™'r'"V" '^"'""■'^fi"" ^vitl. tl.o ivthvuumt /V..M. the t Si,T ]);ijH. :34 offli,. ,.,1 M.V,. 1' iiiijihliT. nisi; It •■ The St'iiate in Canada sUnids in the same relation " to the other Honise as the House of Lords to the Com- " nions in Ihiu'hind," and tlu' Jjody possesses the inde- pendent powers and privih'ues of an Upper Chamber as a constituent part of the Tarliament of Canada. The appointment of Senators is for life. The jwsition of a Senator is th(»refore projx'rly regarded as the most hon- orabk' distinction that can be conferred in this Domin- ion. Indeed the idea, as well as the intention of a second chamber would seem to be, that such body should comprehend men of hiiih character and posi- tion, re present in !»• the professional and other prominent classes — men of mature judti'ment, animated by zeal for the i)ublic interests, rather than party attachments — men of independent means. In a word, educated, grave, lairminded men, imbued with a high sense of honor and true national si)irit — "of the people and from the jieople," and possessing" a deej) stake in the welfare of the Country. To proceed with the task the writer has luidertaken. The Ottawa correspondent of the Toronto Moil on the "27th January, IHSo, writes to that jounud :— "Judge " (rowan has been a]>i)ointed to one of the vacant Sena- "torships for Ontario, his well known ability and pro- " found knowledge of legal lore will make Seiuitor " Ciowan an acquisition to the Senate,' and this was the iirst i^ublic intimation of the intended a,i)pointment. Her Majesty's writ siiinmoning Mr. (lowan to the Sen- ate is dated the 2iHh of the same month. The (^anada diizellf of the 81st contains the oilicial notice of three api)ointments to the Senat(^ in the following order :— "His Honor .lames Ivobert Gowan, of Barrie ; Dr. " Michael Sullivan, of Kingston, and the Honorable " Theodor«> Robitaille, of New (^irlisle, member of the " Privy Conncii, formerly Governor of the iVovince of " (^lebec." Eoloiv tho is.suo oj the Jioyd llazottc, u number of the leadino- public journals had referred favorably to lie apiiomtnient of Mr. (iowan, and some (^xtraets iVom these are subjoined. "No one will question thc^ einin- ^N^nt htness of His Honor Jud-e (Iowan to be a Senator ot the Honiinion, (>ven thouo-h that bodv were th(> "most imimrtant branch of our Leo-islatiVe system "His known ability as a juri.st and his intimate ac- "quaintance with all the varied needs of this o-,v.,t 'Nouiitry, peculiarly lit him for Senatorial honors, or to hold a portloho m some (Jovernment. And althouo-h " It IS many a long- y^.ar since Senat Llowan took an\- " part in Canadian politics, he has, as his friends are "well aware, kept abreast with the times, and is reallv " better post<>d on the leadino' politi.al and social issue; ol the day than many an M.P. or M.P.P. ][,. has h-id " too, the advantao-(. of havinu' been able to take a dis- •' passionate view of all questions before the country "and in this respect, as in some others. Senator aowaii "will company iiivorably with 'Bvstander' in the vii^v "he takes of the measures aoitatinn- the country for his "mental vision is not obscured by Old Country notions "orpreiudices. He is gifted with a robust 'intelle.'t " and so can never be<'ome a mere party man He will "in I'act be as much an ornament of the Senate as he " has been of the liench these 40 years ])ast. We heartily "congratulate Judge (Jowan on his appointment to th"e "Senat(N and hope he may be spared many years to do "the country further service in his mnv si)here of us(>- " lulness." * After giving a sketch of the Judge's career, the Mani- toba Free Prri^s of the :!Oth January, says :— "He iscred- "ited with beinir the author of a large" amount of use- ■' lul legislation before and since confederation : and is "known to htivo more than once declined removal to "the u})]ier Bench. He has always had the o-ood will "ol", and i)osst'ssed inlUu'iice with, every government, "loial or u'ciU'ral, which has been in power since his "appointment * ^ * * •. . ^. j^-^ ^^^^^.^^^ " as a jurist and his u'cneral i)raclical knowledgv ol l)usi- "ness. and latterly his long experience, added to a ureat "capacity Tor work, have in many instances enabled " him to render valuable service to'the Government oi' "the day, and to the countrv.'" " His call to the Semite must be looked upon as a re- " cognition oi'nuM-it rather than a political appointment. ".Judge Gowan's i)olilics, when he was in a position to "have any, being evidently (iudging bv his appoint- "ment) IJaldwinite, or Ueiorm. Judge (lowan is said " to be still lull ol mental vigor and it' is almost to be "regretted that his talents as a legislator could not have " been called into n'([uisition in a more conu'onial at- " mosphere than that of the Senate Chamber. Judge "(lowan has on many occasions during his judicial "career, as well as at its close, been the recipient ol" " llattering but well merited indications of the high " esteem and ai)preciation in which he was held by the " liar and the i)eople ol' the county in which he re- '• sided." The Harrie C»V/cW/^' of the l^"»th January, in announc- ing the appointment speaks as Ibllows : — "'( )i the Judge's " fitness lor the position there can be but one oi)inion, "that of his being thoroughly competent; his long "service as., judu'c. now retired, entitle him to con- " sidei'ation."" It niay be remarked that these extracts are irom the Opposition press. " It is almost uniiei-essaiy to add, said the Toronto ''Mail, that his elevation will give universal satisfac- ho re' lie ''tion ; a prolbund and exiHMionccd lawyer, he al.s NO pos- jGssos a Wide arquaiiilaiic*^ with all the l.-adino- issues better iittcd to do the duties of a Senator and to add "dig-nity to the Second Chamber ^ * * |'IIi« seholarly bearin- his vast legal attainments and ^ the dignity and suavity ol' his manner will maki^ ^^ Judge C'owan a real ae(iuisiti.,n in the Canadian IToiis,. ot J.ords. — jjarric Advuiire, 2!»th .lanuarv. ^ " Kvery inhabitant of glorious old Simeoe, and many ' m every oth.'r portion of the Dominion, will read with " pleasure that Judge (i^owan has been a])pointed to one •• ol the vacant senatorshii)s Ibr ( )ntario. His well known ability and prolound knowledge oi" h'U'al lore will "make Senator (Jowan an accpdsitiou txf the Senate ' I r. hulhvan of Kingston, has also l)eeii ai)i)ointe •' the Si'iiate."— f;/-///w P,irhrt. 1 to ^ 1 ho two latest appointments to the Senate weiv not made Irom the ranks of the ])rofessional Doliticians and that is at least something in their favour On.' ■\vas a Judge and the other a doctor, and so long as the »N'iiate must continue to be (•onstituted on the nom- inative principle the nominations should he made as much as possibl(> from the ranks of th(^ professional or mercantile classes. The (H)untrv will thus be able to secure t^he services of representative men. .lud-'e (rovyan has done yeoman service on the Hench and his,,)ngand faithful discharge of judicial duties de- serves some siK'h mark of national appreciation as rhat which has been conferred upon him. Dr. Sulli- van ol Kingston, is one of the most popular Catholics in the country, and his elevation to the Senate will be especiallv accei)table to that sec munitv If tl hat section of the com- le Senate is in the moribund it is rein-esented as being, it is just COIU lition as we to] lave "low (lootors in at tho death." — Tom/ifo Tclciirohi, 'A(){\\ .laiiuary. " No move po]>ular selection <'ould have been made ' i'or this district. Had the oiUce beeii ehn-tive, the " leading men of both political parties would have " united in choosing the Judge. He will honor the "Semite, by becoming one of its number, more than that "august body will honor him, by r«»c(>ivinu' him as one "of its members. Had 8ir John A. Macdonald been " ed. "Our sincere wish is that the venerable Judge may be ".sj)an'd for many years to enjoy the rewards of his pjist " labors and etiorts to do good.'— 0/-///w T////W, M\ Feb. Immediately after the olhcial announcement in the (idzvlle, other leading journals commented upon the ap- pointment. Thi' Wfck. a thorouuhly independent .jour- nal, and one of the ablest and best conducted on the Continent, in its i8sue of the ath February, 188.), thus refers to the nominations: — "Jrdge Gowan is a ])er- "sonal and political friend of Sir John Macdonald, but "he has never taken an active i)art in politics nor can "his aj)))()intnient be fairly saul to be the reward of par- "tizanshijx llv his long service in the Judiciary, and 9 'I by his lihoral and (•()mi)ivluMisivo viinv of law, as well "as by his character and i)()silioii, he is well fitted to "represent his prolession in the Senate, and to play a "usolul part in inouldinu- legislation, and especially' in 'the codihcation oi the law. The selection was as 'creditable as any selection could be in which party "lines were not entirely ignored. We hailed it as k ' new dei)arture, and hi'g-an to surmise that benehcent " mlluence nuo-ht have been exercised in a quiet way "bv the (iovernor-C^Mieral. who is ostensibly responsi- " ble. and to whoui, iii an hour so critical lor Second " Chambers, the condition of the Canadian House of "Lords must be I'ar Irorn a ])leasant spectacle." And in a later issue of this journal, while objecting to "invest- ing men with U>gislative lowers lor life as^rewards for party servici-s which were not also services to the coun- try" adds, "Mr. (rowan's services were services to the "country." "The Canada Law Jimnml of the loth February com- •raeiits ui)on the nomination. 'The api)oiiitmeiit has " been accepted by parties of all shades of jmlitics as " ('reditable to the Government of the day and an honor " deserved^ bestowed on a faithful servant of our coun- \'^''>'' "■ *,,. ! ^^'^' look upon this apDoint- ment as the establishing of a happy precedent A le- " tired Judge whether of the County Bench or Superior " Court, m many instances will preserve sulFicient men- " tal vigor and physii-al strength to discharge the duties "ot a legislator— especially in the less parti/an atmos- " phere ol the upper chamber of our Dominion Tarlia- " ment. The appointment of Judge Gowaii opens up a " new and useful held for men of this class in which " the ripened exi)erience and trained abilities of some of "our ablest judicial minds may iiiid congenial oc(;upa- "tion, and at the same time afford an honorable and "littinu- termiiiMtioii to many emiiKMit careers." 10 Only one leading- journal, the Toronto (llohe, sj)eaks in non-approving- terms of the appointment. " We do " not know that any remarks need be made on these "Tory appointments, except that it is remarkable to iind " a gentleman unable because oi' ijitirmity to retain his "seat on the Bench, selected for the Senate." This statement refers to Mr. Crowan, but is neither fair nor correct. It was not because the Judge was "unable be- cause of infirmity to retain his seat on the Bench" that he sought retirement — though his tenure of office was for a longer period of actual service than that of any other judge in any Colony of the Empire, 15 years beyond the time he might have retired under the Sta- tute. Indeed, he probably might have gone on ibr years at the full salary for such work as he was able to do. His own explanation as given in reply to the Bar address in 1888 is, "Let me say one word as to my re- "tirement. As you are aware this is the largest judic- " ial 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, re- " quiring the services of at least two active men to per- "forrn properly with the promptitude demanded in the " various duties made incident to the judge's office. "And I felt the time had come, when injustice to the "public and my brother judges, I should make way for " a younger man. My age and uncertain health de- " manded more repose than I could i)roperly ask or take, "and so I sought retirement. And after 41 years of " hard work it cannot be said that my appeal to be re- " lieved was in any sense premature. Indeed I have the "satisfaction of knowing that His Excellency appreci- " ates, as he is pleased to communicate, my faithful, " efficient and impartial conduct during my long term •'of Judicial Service." and ersonally and collectively, that no bet- ter S(^lection could have been made, and we heartily trust that you may be spared health and many years to enjoy your i)roud ix)sition. \Vc ventun* to express the opinion that the intention of the founders of our Senate has been fully mirried out in the elevation to that disting'uished assembly of so eminent a public servant as yourself. You will briui^- to that body a mind highly cultivated and trained by a Judicial ex- perience of more than lorty years, and never having- taken a prominent part in the political warfare of the country, you will adujdicat<> on matters brought under your notice impartially and without bias. Having as- sisted in the Consolidation of our laws and been in- strumental in framing many of our statutes which by their permanence on the vStatute Book, testily to the thoroughness and foresight with which they are framed, it may safely be predicted that in your new and exalted sphere the country will gain the benefit of your matured experience in compiling other enact- ments equally advantageous to our Dominion at large. "We have no doubt that the Chamber that you are now henceforth to occupy, will not only receive ad- ditional lustre from your presence, but that your wise counsel and clear intelligence will mould their dis- cussions and ati'ect the result of their deliberations in a marked and benelicial degree. '• As representatives of this large District, we teel a pride m reflecting that the advice and counsel you always so freely accorded us and which we were al- ways willing to be guided by, hav(^ been recognized to be of such worth — recognized by the highest au- thorities of the t^vtate. And we trust that the wise lo " and piiulcnt iulvici' ,m) iiiciilcatod may ever be luiiuled " down to I'utiire ropreseiitativos as a priceless tradition " never to l)e iori»'otteu. Council Hall IJarrie, 20th January, IHH"). RonKirr T. K.VN'i'iXd, ("ountv Clerk. RoHKI.'T TaTOX. W arden. "The Senator replied verbally with a o-ood deal ol' leelinii'." Naturally, lor he stood in tlur presence of prominent men who had known him I'or years, among-.t whom Ih' had spent the o-nuiter part ol" this life, and lul- lilled the duties of the judicial position, lie returned sincere aiul hearty thanks lor thi; honor, said it was specially orutilying- in view of its bein^^ unanimous, and because it represented even in committee, men of various political convictions coming- from all sections of the 1 )istrict . The Senator continuing said : " Mr. War- "d«'n and Crentlemen, I would giadlytake you into con- '• Kdence if 1 had anything- to impart ; but you know "almost as much as 1 do in respect to my appointment. "On Monday last i had the Hrst intimation that it was "desired I should take a place in the Senate. It was " wholly unexpected by me, and I need scarcely say I " never soug-ht it. The oiler was imtirely spontaneous, " and after seeing- the few friends I could consult — seeino- " that a prompt answer was necessa-y — I determined " with som«» misgiving- to accept, for I could only bring- " to the place a "residuum oi' former energ-y and much "could not be expected in a man not very iar from three " score years and ten. " Why the appointment was oliered to me I can onlv " surmise. I had neither sullered nor bled in political " warfare, had not even drawn the political sword. If " for a short time in early lif(^ T was in the heat of a pol- " itical blaze, more than 40 years in the quiet shade was " sufficient to remove dye or freckle. I had no claim ol jff " tifil i iome sup- " posed aptitude for the position that inlhienced my se- " lection. You are good enough to think the inteiition "of the founders of the Senat<' is fully carrie, meets your " untiualilied endorsation — a most valuable endorsation ' it is, from the freely (jhosen representatives of a district " with a population not very long ago, exceeding that of " two provinces in the Dominion, and now not far behind "that of Manitoba and liritish C'ohimbia together. " You are pleased to say I may have some iniluence in " the Senate. The utmost I hoi)e for is to be of some use " in a quiet way, and as I fancy the best part of the work " in deliberative bodies is done in committee, a place of " usefulness may be found ibr me — it is my only aim and " will be my reward. If I lind in the body to which I "shall have the honor to belong, as much earnest, well "air «'ted effort as amongst you I shall be content. In conclusion ihe new Senator again thanked them " for their kind and courteous words and their proi/ipt- " ness in endorsing his appointment by valuabh' »!•<' ' deliberate testimony. "' " The Honorable Senator after greeting- warmly several " members of the Council, retired amid a-reat cheering-." It wa.- •^nagnificenl and well deserved ovation by men of a:, /li,- .ies -epresentatives of the people, to an eminent ru^ '> b > deserved well of his country — an 17 honor few moii could boast of— lew could receive with- out bemo- deeidy touched. It rarely tails to the lot of an) on(^ occupying- a judi- w hiui well such a n.ittenng demonstration of resp«^ct and rc'iiid' It may be mentioned that the address presented^was subsequently eno-rossed and illuminated in hig-h art in a magiuhcently bound album and transmit^'d to Ottawa, to Mr. Gowan. lli« acknowledgements, ad- dressed to John Dickinson, I'Jsquire, barrister, one of the Keeves and Chairman of the Committee appointed to prepare the address, nftcrwards appeared in the journals of the Council. "I never saw" said the Senator, "anything of the '• land better done, or in better taste, both as re«.-ards " bmdmg and illumination" * * * " Sending- it to "me here has enabled me to show to Senators and "others this mark of your regard " * * h vvas "g-reatly and universally admired. Need 1 say "the I' Senator from Barrie" wam gratiti«>d in the fa<-t * - * '•I have already told your Bodv how^ much 1 was " touched by their extrem«' kindness, but I should ke " them to know what I now say." The writer- has in an early part of this paper n^ferred to the Constitution ol the Senate of Canada, and what 111 his judgment should be the requirements in the selec- r;on ot Senators. What has been collected in the fore- going papers furnishes abundant proof that in Mr Cxowan's appointment these requirements were fullilled and moreover that it was a popular appointment, and! as was said in a leading journal, one opposed to the Crovernment that appoint,.d Mr Gowan : "Had the ••olhce been elective the leading men of both political " parties would have united in choosing him. He never 1« "took an acthe part iii politics. Hit- appointment was " not the reward of partizaiiship." * He himself said : + "The offer was entiiely spontan- " eons. Why ofiered to me I can only surmise. I had •'neither suliered nor bled in political warfare, had not " even drawn the political sword. * '' * * " I had no claim of this kind to bring- me into notice. * "* * * So I must surmise it was some "supposed aptitude for the position that inlluc ced my " selection. Yon are good enough to think the inten- "tion of the founders of the Senate is fully carried out "in my appointment.'' "By his long- services in the Judiciary" said the able writer in The. Week "and by his liberal and comprehen- " sive views of law as well as by his character and "position, he is well htted to represent his profession in " the Senate, and to play a useful part in moulding leg- " islation." " With no politii-al iniluence to wield," said The Canada Law Jimrnal, "'with no i)olitical ambition to "gratify, with no selfish purposes to serve, with means "sufficient to make him thoroughly independent of any " temptation to office, he is just the sort of man one " likes to see in the halls of the Legislature. His re- " commendation for the position was the record of a "long and useful public life, with abilities and ex- "perience far above the average. He will bring to the "discharge of his legislative duties a calm, highly ■' trained judicial intellect, a mind well stored, not only 'with legal lore, but with a large fund of general in- " formation, which cannot but make him a most usei'ul " member of the Upper House." * "'Hio Wo.'k," •'Law.l.imiial," kr. t ('/'/(- reply tii Aildicss of County Council. I<) Liiexpectedly and uiiNought, the position came to him and It IS believed that there is not one member of the >enate more thoroug-hly independent or less trammelled by party than he is. An incidental observation by Mr Cxowan in his speech on the Franchise Bill, gives some indication of his views on this point. He remarked • "Men summoned to the Senate are reasonablv taken " Irom amono'st those whose views are in the main in " accord with the Government of the day, and because • ot some htness for the position. Will the most rabid • politician contend for a moment, that any one appoint- " ed to this Hon. body in accepting- the summons forfeits "the rig-ht to think for himself in anv measure that may " come up, or surrenders his conscience to the sway of '• party, however much he may differ from his party on '' the particular case— of course not. the Senate could in "such case have no attractions for an honest man." These are not the sentiments of one bound hand and foot by party, but of a man prepared to take a dispas- sionate view of all questions before the country. In bringing- this paper to a close, the writer feels that he has very imperfectly accomplished the task under- taken, but trusts it will be accepted by the Senator's many friends as a iiin^^\e compilation extracted from the public expression upon an appointment which o-avc such universal satislaction. '^ Toronto, December. iHSo.