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THE BAH. THE BEIS^OH,

AMD

THE AHOENEI GENERAL FOR LOWER CANADA.

The Meeting of the Bar of Montreal, condemning tho conduct of the Attorney (Jenerol
for Lower Canada, fa&t been miBrepreBented by a ^ortion of the press in this City.

The objects to be attained were neither of a personal or political ohamofer. The Attorney-
General, uo doubt, had acquired the habit of treating th«j opinions and sentiments of his con-
freres with supercilious indifference and contempt, but injustice to him it must be admitted
he merely continued fc practice established before his adreut to o^ce. His conduct, thai^w?,

m this resoect excited no neraonal animrMitv.
* I rf -

In all coantriea, even countries where despotic iastitntions exist, men whose li*as are
devoted to the study of the law, ami to the examination and advocacy of important questions
affecting the reoipro' obligations of indi7iduals> »nd the duties 6f the governing and the
gov Tued towards eacu other 'ave commanded the confidence and respect of their counttymen,
anu nave respected each othei . If in some periods, that confidence and respect have betm im-
paired, it has invariably been owing to the Members of the profession allowing tliemselvts to
lose sight of the maxims and principles, which the welfare o.' society, no less than their own
honor, required them to maintain, and thus falling into a condition of sordid subserviency.

Whet'ier the Attorney-General of Jhe day believed that such was the present condition
(d the Bar of Lower Canadn, it is immaterial to inquire. His conduct on many occasions in-
dicated such a belief; it was high time, then, for the Bar todisabuse the mind of the Attorney-
General of an error, so fatal to the profession of which he is a Member— so pernicious and
dangerous in its con3<^uences to the country.

Certainly the imperative necessity of this duty contributed to the late action of the B» ;
but the more immediate cause of the Resolutions waa the unconcealed design of the Attorn^-
Oeneral to substitute his will for the Law, and his daring attempt to browbeat the highest
Judicial authority cf the country into subservient submission to this disgraceful, dangerous
and unconstitutional proceeding.

The Supreme or Appellate Court had declined proct- lOg with the important bcsinesa
before it, becauss one of its Members had been disquali6ed to act as a Judge, by his acceptance
of another and exceptional ofiSce. Tho Chief Justice and Mr. Aylwin declared the Judge so
appointed, incompetent to sit. The Judge . appointed to this exceptional ofiSce declared
in favor of his own competency, and was supported by Mr. Duval. The result was, that the
business of the Court was disastrously interrupted, and the incompetency of Mr. Caron prac-
tically declared and decided upon.

It is unnecessary to discuss the reasons given in support of Mr. Oaron's competency to
sit ; but the tendency and ulterior effect of the procedurt of the Attorney-Qeneral io curiously
displayed by the weight attempted to be given to the letter of instructions sent to Mr. Caron,
as a Commissionar, after his appointment and acceptance of that oflSoe. This letter was an
order from the Minister of the day not to commence the work of codification until after the 1st
of April, but to oontinue his duties as a Judge, — as if such an order could be properly addi«ssed
to a Judge and have the effect of over-riding the provisions of Acts of the Legislature. To
have found a Judge willing to receive and obey such an order was not the least extraordinary
part of the proceeding.

This procwlure tlien,excited the astonishment, and aroused the indignation of the Bar, aud
these feelings wera still more exasperated by the manner in which the Attornej -General re-
ceived the intelligence of the firm stand taken by the Chief Justice amd Mr. Aylwiu against
this illegal uud unconstitutional course. The intention of the Attomey-Genetul to bring the
administration of Justice into contempt could scnrcoly be doubted, and a belief amounting to
certainty existed, that it was further designed to induce pnd encourage the Court at Quebec
increased in number, to recede from the view taken by it at MoiAreal.

The Attorney-General must have had in his poEsession the decision of the Court in
Montreal before he used the objectionable language nisributa' to him, and when ho ventured
to say that he shrugged his shoulders in pity for t! ,> men who could arrive at this conclusion.
It is manifest he struck a blow at tho indepondeii= of the Bench, which the Bar were bound
to resent To allow such an outrage to pass without rebuke, might have been considered
an approval of a course placing the Judiciary completely in the hands of the Executive, and
the inevitable result would have been the degradation of the order, and that the country would
have been cursed with si" lie Judges entirely subordinste to the caprices of the Executive
Government,

The resoJulion charging the Attorney liencrftl with intending to bring the Adiministration
of Justice into contempt was not meant to imply, as hireling scribes have said, that the At.
tomey-General left hit own house with that ol^ect, but that the condition of his mind was

f -^i

that of cQQtiimpt fi^ tliq Bench, uiui that L^ie pivof rliureof \va$ established by the lanju^
used on that occasion. It waa an assortitn of superiority, inconsistent with anJ dan-
gerous to fitie'instituf >ns. Fleming dM ot leave his boarding-house with the intention of
iflayinj his viptim, but tbfi pofsesston of (^anj^ri^tts weapons was coosidered evidence of inten-
tion. So also, Mr. Gartier, by iuis bearing towartU the Bar and the Bench, excluded any othe^
interpretation than that of malicious intent. As he d(%lt out justice to that boy, so he nooiv
ed it lit the hands of hie order.

Mr. Gartier, it may be admitted, may havq been L\isled by the at^dade of some Members
of the Bar and Bench towards hint, an attidude inoonsihtent with the independence and spirit
which ought to t^nimt^te the members pf a liberal and homrable profession. The Legislature,
in an unguarded moment, had placed in the hands of the Attoi uoy-General thi power of
selecting members of the Bench for Commissioners, with incr^^ned emoluments, and of promot-
ing them from an inferior to a superior grade. It had enablecJ J>im also to name Advocates to
new and lucrative appointments. The result was, that the exptctftats, with f«w and honorable
exceptiuiis, iiiateou of qualifying tbtoiaelveti for uuch distinctions, occupied thei. time not in
the performan>'« of professional duties, but in following the movements and executing with
servile alacrity the wishes and directions of the dispenser of so much and valuable patronage.
In some respects Mr. Gartier is to be admii-ed. His word is his loud. If ho says he will
do a thing, you inay consider it accomplished. The parasites which surround him he treats
with disdain. He orders and ho pays. Tjwy obey and receiye their wages, but he does not
condescend to terms of friendship with them.

The Bar, in their support of the Chief Justice and Mr. Ayl^in, were not influenced by
private motives. They did hdi examine the names of the individuals ; they merely considered
the principle at stake. They protest against the view taken by one of the newspaper corres-
pondents, who coolly admits that if he had thought the language fipplied fo a particular
Member of the Bench he would have concurred in the action of the Bar. Such views are not
shared in by the Bar. They are not the slaves of the Bench, and they are not disposed for
any consideration to agenoutller themselves to any Member of • 3 Beu/'h.

The Resolutions complaining of the delay in making Judicial appointments, and pointing
out the danger to the independence of the Bench of converting Judges into Gommissioners,
were rendeied necessary in consequence of the evil repults attending the power thus conferred
on the Attorney-Qeneral, and the delay pe' itted to elapse for itc fixercise. Painful suspicioijs
were prevalent, and universal fear and dou! . occupied the minds of those who oughi to have
been filled with confidence and trust. The case of the Ministerial shuffle having been decided
in Upper Canada in an unsatisfactory manner, the pr">priety of trying the question in Lower
Canada was entertained ; but anxieties were felt as to the Bench before whom the question
must have been tried. The Shuffler-in-Chief, the Minister responsible for the flagrant evasion
of the Law, could appoint tu other and more valuable offices, and it was determined that a
question involving his political existence could not safely be trigd by persons who had been
reduced into subjection by the improvidence 0^ the Legislature. To avoid the criticisms which

the failure of the prosecution would ^lave evoked, the trial of the question was abandoned

th** preservation of the ermine from the suspicion of polijcal bias and sabservienoy was
paramount — the Bar then could only denounce the pr^^ctices as unwise and unconstitutional
destructive alike to the respectability of the Ju(lges and the interests and libeirties of the country.

The Resolution declaring tbp"^ thq office of Attorney-General had been degraded into
a mere political employment, w,£° A^nded to mark: the condemnation of the Bar of the system
of appointing persons as Crown Omcers not (juolified by their legal attainments to discharge
the duties of the office. The Attorney -General should be found in Court, and if he were, he
would be made to respect his oi;der by the Members of the Bar he wojild encounter ; but the
running about corridors and lobbies, and whipping in absentees by telegraphs are now the
important duties devolving upon Her Majesty's Attorney-General fijr Lpwer Canada.

The course adopted by the Bar, will not be considered by the Bench as adulatory ; but, on
the contrary, v.ill be recognised a^ a manly and independent movement, calculated to check
the encroachments of tiie Executire, and to impose upon the Bench, the necessity of so com-
porting tiiemselves as to obtain the approval of the order to \ybich they belong. It will prevent
any tripotage between the Atiorney-General and any Member of the Bench, and save us
and the country from political influences in the disposal of the Judicial patronage of the Grown.

There were other Resolutions proposed at tha preliminaty meeting, which did not meet
with unanimous approval, and in consequence were withdrawn. Thg object of them was to
condemn the majority of the House of Assembly who supported Mr. Gartier on the occasion
m question, and by that raenns it waa intended to warn th< Members of the profession, in
Parliament that tljey had responsibilities towards their order which no selfish personal ad*
vantage should induce them to forget.

It was also contejnplate^ to convey to the Govemor-Gengral, ttiat he had certain duties

Government of this country he might find that he had beeij n)^ af^ accomplice in a state of
things in Canada similar to that in the Ionian Islands.

I
m
I

h—

tn tlbi liber Homo et BeKU conviTs riderU ;
Osptnm ta nldort aon paut ille ouUoib ;
Neo Mkid coDJeotat.

O0B attention waidb <i to theljditorJ&lin the WeeHy POot of Satinday l»8t,by aftlend who
boasts that he ^lows no paper, however littlo entifled to consideration, to eso^ him without
tw.Mag its mntents. It is doe iy this amiable eodentaricity, that we wan inctooed to perosd
the article, and we here ^ve our views of its value. Xhe Ian|[ttaga there used woald i» unfit
for the columns of any paper, not exclusively intended for circulation among the class formerly
occupying the Five Points— and could only have been employed by one lost to self-respect and
glorying in the performance of servile duties to the Attorney-General.

The commentator begins by stating, that thp article commented upn was intended .'or
private circulation, but that he intends to defeat that olyect by its publication in his oolamm.
If limited circulation had been intended, without seiection as to readws, the publication in the
Pilot secured the object of the writer ; but the posoessioQ of the obnoxioos document by
the Press of this City, proves that the writer preferred prefacing his commentary l»y a state-
ment, at once preposterous and Mutrue, in order that the exordium might be oonsi8taE.t with
the res'; of his performanoe.

It would be difteult to meet with a production so malicious in intention, and so weak in
execution, as the one under i^vtew. U is filled with abuse of the Bar, and flattery to the
Attorney-General. It abounds in coarseness without sarcasm, and revels in personalities
without argument The writer, in his blind haste to defeoi his master, does not see that he
has merely damaged him. We h&ve no doubt that he will M^ in obtaining his approval : while
by all others, he will be despised as an unscrupulous and uver-zealons advocate of the > iorests
of those whoso wages he receives.

The Mp^>ing of the Bar did not consist of fourth, fifth and sixdi rate Advocates. No
one knew better than the writer that, in making such an assertion, he would ho nnt^fcau^jpteft
by every person having regard for veracity. Whether such misrepresentation was desirable
at a distance, where alons it could be credited, we cannot say ; but if such were the instruc-
tions received, the party performed his task with no niggard hand-^like Fag in " The
Bivals," when be drew die Bill without authority, he hesitated not to affix the endorsements.

The B&r of Montreal, no doubt, has great reason to regret the want of unanimity heratoiore
prevaUing among them in matters affecting their general interests. The absence of which has en-
oonra^ unscrupulous writers to address and speak of them '.n terms of undisguised or '"mpt.
In no country where the Bar is depreciated and held in contempt can true libortj exist. When
citizens are oppressed and attempted to be enslaved by despticau'^^hority, to whom are confided
their intwesu and safety I To lawyers. In every emergency, they have always been in ad-
vance, resisting and defying the arbitrary exactions of power. Mbntalembert and the Press
itself, looked not in vain for support and defence, when attacked by the most powerful tmd
despotic of modern governments. Bewyer and Pufaure nobly fulfilled their calling ; they
were not prevented by selfish or personal considerations, from assuming the conduct of the de-
fence. Their brilliant and powerful efforts on that occasion have minctified their celebrity ;
unbounded respect hallows their name in the hearts of the lovers of freedom in all parts
vi the civilised world. In Franco itself, the paid writers of that dynasty were silent. It re-
mained for us in Canada to produce writers without decency or shame, who attempt to
de{»miate an order, which, if really powerless and degraded, liberty itself would be bnt.a
mockery.

The slavish horror affected at the irreverent mention of the Goveruor-General would pro-
voke a smile, if it were not another ovidence of the determined and painful servility of the
writer. The Governor-General, as the Representative of Imperial authority, ought to recollect
that his acts, in a private capacity, interest no one beyond his private friends, but that in his
public capacity, his -usts are of universal interest, and that the public havn a right to scan
them, and to declare that his complete subserviency to the Ministry is beyond even that
which responsible Government requires, and, that his sanction of and participation in the
scheme by which men vere preserved in their places without going through the ordeal of re-
election, low««d the staitdard of regard for English Institutions, and contributed to a diminu-
tion of respect f<» Impewal authority — aptly illustrated, by one of his favorite Ministers, no

of Indepandence of this Colony.

Time, inclination and ability are wanting to follow iliia writer in hii hygterical bursts of
anger at the traitment of his idol, no doubt become bo, in consequence of his insolent as<
sumption and contemptuous treatment of the Law and the Bench. The Attornoy-Gen< ral,
despite the praise lavished upon him by uiiprincipled men, must bo satisfied that the conduct
complained of cannot be repeate<l with safety to himself, and that no Statesnmn not relying
upon corruption for support can afford to continue, with impunity, a course of hostility and
studied disparagement of the lege! profession.

We are inclined to ask tho nature of the glittering reward, anticipated by this writer tt
his base services. It will be nc po-ntion of trust and honor, we hope, for assuredly be will
betray the one and be false to tho other.

Tho Montreal Ghtzelle also contains articles on this subject, if relieved of their abuse,
more in the stylo o* a political bravo, than that of the conductor of a re«pe<rt«Me jniirnal, it
might, perhaps, be considered an ingenious and platuible attempt on the part of Mr. Cartier's
servants to shelter him from the consequences of his reckless imprudence and impetuosity.
Persons like the writer of these articles always believe that a man must be aninwted by selfish
or servile motives. Under the influence of such impressions, the writer persists in considering
the paper reviewed by him as a tribute of personal flattery to two Members of tho Queen's
Bench. The wror, even if it be unintentional, is a grave one ; and if the assertion werw
credited, it would contribute to prevent writers from expressing theiropinion8,leat their motives
should be distorted, and their objects reduced to the level of somoof the writers in the Minis-
terial Press of the day.

The independence of Ministerial control evinced by those two Judges cooimanded the
sympathy and obtained the support of honorable men who had no private objects to subserve.
In the opinion of the Bar, this independence is essential for the pure administration of Justice ,
not a luxury to be exhibited merely when the interests of the (Jovernment are not adverse
to its display.

Again, this writer affects to believe that there was an intention to assail the Members of
the Superior Court, but no candid reader will deduce any such inference from anything that
was said. The subject of remark and, we admit, of censure, was not individuals, but the
system. Many, if not all, the Judges of the Superior Court may compare favorably with
occupants of similar positions in any part of this continent. The object of the remarks which
have excited so much venom, was to preserve the high position of the Court inviolate, and to
secure that object, it is necessary that the Court should be protected fi-om the possibility of
suspicion of undue leanings, towards the Government. Judges cannot, with safety to them-
selves nor without damage to the public interests, be placed in positions calculated to inspire
doubt and distrust.

The wholesale exercise of the power conferred on the Minister of the day of appointing
Members of the Bench to oflSces superior, either in honor or emolument, awakened -ittention,
and wore such a course to continue, would inevitably impair public conSdonco in the Judges.
To check a result so injurious to public justice, and so mischievous to the public welfare,
the Bar denounced the system. The Members of the Bench ought to be preserved from as-
sociation with Ministerial intrigue, and the hope of preferment depending upon the whim and
caprice of the Attorney-General, lest, instead of being considered the faithful guardians of the
rights of their fellow-citizens, they should in public estimation, be degraded into pliant in-
struments in tho bands of designing or during Ministers.

The exercise, by one man, of tho dangerous patronage conc-edcd by the Legislature to the
Crowil was alarming, even while men without stain or reproach occupied the Bench. Their
fears would have been boundless, if they had shared the opinions of this writer as to the general
servility and want of principle of the profession. If the sources are poisoned, the stream will
be corrupt. We cannot exiiect the Bench to consist of men of integrity and honor, if iho men
from whom they are selected arc degraded and worthless.

Again we must rectify an assertion made by this writer, that wo maliciously iridinuateu
the incompetency of the Counsel engaged in the conduct of the criminal business. We must
have written very hastily, if such an interpretation could with truth bo ascribed to us.
We think, rather, that our observations referred to individuals who avoided the Courts ;
therefore could not have applied to Mr. Monk, who, in his position, is obligeti to meet all comers ;
and if any one were disposed to dispute his competency and fitness, which we do not, but, on
thj contrary, cheerfully admit, we think tho proper place would be in the Court itself, and not
in newspaper paragraphs. The writer of these articles, anxious to obtain additional remunera-
tion, we presumo, out of the public purse, upon which we doubt not ho is already fattening,
exhibits that reckless and undisciplined acai, which persons similarly situated always do,
and considers the defence and support of the Judges in that emergency as deficient in value,
because no disposition to support them a tort et a travera has been exhibituii by the persons
connected with the movement. If such movements had been as common hctctofoie as they

tk— ,• —

will be hcreaftjr, writeru of the kind employed ia the staff of the Montreal Ga»t.tte would be
oompolled to o»m their bread in a different manner, and the Attorneyi-General deprived of the
sickening adu'atioii showered upon him by such men, would learn to act so as to ol tain ap-
proval and support from persons worthy of giving it, and whose approbation would not convey
with it personal degradation to the recipient.

This writer talks of some my«teri„^8 appointment of one of Mr. Oartier's frienUu, as the
cause of the malicious attack upon the Attorney-General. We are no., aware of his meaning.
It is more than probable that many friends of Mr. Cartier have received subordinate ap-
pointments to which their professional merits did not entitle them. With thews appointments
the Bfir can scarcely take any interest. Our excellent friend, Mr. IjoisoUe. retiring from his
office of keeper of the Court-House, might be replaced by one of the Ministerial writers, and
we have no doubt that the Bar would remain silent. The occupant, though he may receive the
•alar^i mrst be content to rsmain unnoticed. So with all 8ut)ordinate Officers. Not so witn -
the Members of the Bench or the Crown Officers. These appointments are too important to
the public interests to be given for votes on a Seat of Government question, and if granted as
rewards for political services they must in the end, destroy the Minister who ventures to adopt
this course to maintaiu his precarious and slippery eminence.

The Bench of Canada enjoy the respect and esteem of the public, and their inti y and
impartiality have never been doubted, so much so, that the improvident Acts of the Legisla-
ture complaincii of, at the time they were passed, escaped nctioe and animadversion ; but a
collision between the E<ecutivo authority and the Judicial power exhibited the pernicious and
dangerous tendencies of this system to the public interests, aiid doubtless contributed to dis-
turb that feeling of confidence which had up to that moment existed in the minds of the
people generally. This fear did not i.ifer that tli . private iharaoter of the Judges are sub-
jected to depreciation, but would be felt as applicable to every man in that position. We
recollect thav Mr. Justice Gale, who long and ably filled the Judicial Seat in Montreal, declined
taking part in the decision of a case iu which one of his intimate friends was interested. No
one could have Huppoaed, that a man like Judge Gale, whose Judicial life had been spotless.
Would not have administered Justice, wiib scrupulous care, and without reference to his feelings
of friendship ; but he considered, and wisely, that no Judge ought to be placed in that condi-
tion, where even the suspicion of partiality might have been entertained.

The writer good-naturedly suggests an indictment for libel. If that humane intention
were.carried out, we would be dispose' to recuse any^Tudge who had gxp e cta ti aaa,of jclas/ 'inA—
or who had just been promoted, from presiding at our trial, on the ground that hopo ot reward
from, or gratitude for, benefits conferrtjd, by one of tho litigants, is not precisely the condition
of mind most favorable to tho impartial performance of Judicial duties. In such a recusa-
tion, we would ol)tain the sympathy and support of the people, and this evil system would bo
crushed, even at the expense of a Revolution. Mr. Justice Meredith has earned by his integrity
and ability a very high position in the opinion of the profession, both in Montreal and Quebec,
and none would regret more than ourselves, that a system, the evil consequences of which
could not be anticipated by him or by us, should produce so sad a result as the impairing of
his deservedly high position. Fortunately, by the forbearance of Mr. Caron, no opinion as to
his competency, was required at the hands of Mr. Meredith, but if such an opinion had been
required, we would have expressed our regret that a Judge should have been placed in a position
where the Judgment, if in affirir.ance of Mr. Caron's competency, might not have secured that
respect, which his Judgments heretofore have universally received. Again, the danger of this
system would have been injuriously exemplified. But all these apprehensions have now sub-
sided (excepting our trial). And we .fill gladly welcome him as an ornament to the Bench to
which he has been promoted.

We may add that we have no ungratified ambition. We had no expectation of any
kind of Ministerial favor. We have avoided any friendly relations with Attornies-General
for man}' yeura past. We have performed im services for them. We did not enlist in their
Bands of mercenaries ; and, consequently, it would have been idle on our part to have indulged
in hopes of preferment.

The appointment of the Clerk of the Court, at Aylmer, to the Judgeship, is another
evidence of Mr. Cartier's culpable disregard of public opinion in the disposal of the Judicial
patronage. But enough. We do not like writing ; and we have entreated our eccentric friend
to abstain from bringing under our notice any other articles, as we do not desire to bo provoked
out of our habits of silence. We would not have written again if we had not feared by our
silence to have given the stamp of truth to the distorted statements of the writer, who gladly
would have changed the issues ; from tho system to individuals. We have tlius discussed
this matter, ivithout any heat or annoyance — very much as we would conduct a case — and
cannot understand that our adversaries should indulge in impertinences, though we can afford
to smiie at and forget tiieni.

Montreal, April, 1859.