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All other original copies are filmed beginning on the first page with a printed or illustrated impres- sion, and ending on the last page with a printed or illustrated impression. Les exemplaires originaux dont la couverture an papier est imprimAa sont film^s en commenqant par le premier plat et en terminant soit par la derniire page qui comporte une empreinte d'impression ou d'illustration, soit par le second plat, salon le cas. Tous les autres exemplaires origin ' ^ . if . . • .. .y - Xiir^ 0^p^- c-^t^^^ ^^^y Biblioth^e, Le Seminaire de O'l^*-^^; HON. JOSEPH AMABLE BEEfHELOT. From CyclojHxdia of Canadian Biography. [second UEr.123.] Bertlielot, Hon. Joiiepli Amakle, Judge of the Superior Court of Montreal. This learned judge was bom on the 8th of May, 1815, i.t St. Eustache, coimty of Two Mountains, by the marriage of Joseph Am- able Berthelot, notary, and Dame Marie M. Hervieux. Mr. Berthelot's father was from Quebec, where he finished his classical sttid- ies in 1796, having been the classmate of the late Hon. Judge Thomas Taschereau, the father of liis eminence the Cardinal, and also that of the late Hon, .Tudge Vanfelson, who died in Montreal. Judge Berthelot began his Latin course in 1824, and finished il uh the 9th of June, 1882, whrfu at the age of seventeen. The course that year was suddenly terminated, on account of the cholera, the professors having deemed ii, prudent to send back the scholars to their families in the month of June. In the month of October of the same year he began his legal studies, being indentured with the late Hon. Sir. L. H. Lafontaine, who had married his cousin in 1830. Sir George E. Cartier, who was his classmate at college, also commenced studying law in 1832, in the office of the late Etienue E. Rtxiier, ad- vocate, M.P.P. for the county of I'Assomp- tion. After being admitted to the bar in November, 183(), he became the partner of Mr. Lafontaine, and continued to practise his prt)fe88ion in such partnership until July. 1853, when Mr. LaFtmtaine was ap- Eviutetl chief justice of the pronnce of ower Canada on the demise of the late Hir James Stuart. A few days after, Mr. Bertheloli entered into partnership with his friend, the late Sir (leorge E, Cartier, and continued this partnership until he was ap- jxtiuted assistant judge of t'je Stqjerior (/ourt, succeeding the bite Hon. C. 1). Day, who was appointed cixlifler in February, ToKoNTO, 1887. ssignation, hav- jovemment, in mmediately ap- pom»tl^rmanent hja^afef the Superior CourtT^^8)g^41ua--^cQ^^, in December, I860, tul^^ffl*'#f ^^gitfeal held a meeting in order toSJpreBBpublicly their satisfac- tion of the appointment of Judge Berthelot to the bench, and adopted resolutions, copies of which were transmitted to the judge, and also published in the newspapers of the day, amongst others in La Minerve. These resolutions read as follow : At a special meeting of the membfrs of the bar of Lower Canada, section of this district, which was held on Wednesday, the 12th of D . - cember instant, it was unanimously resolved ; L. Moved by Heiu-y Stuart, seconded by Gt?- d-lonOuimet, M.P.P., That the bar of Montreal has seen with real pleasure the promotion of the Honourable J. A. Berthelot, whose talents, high sense i honour, integrity, consciencious work and services already rendered as assistant judge, are a sure gtiarantee of the faithfulness with which he will fulfil the difficult dutiei of the new office which he has just entered as permanent judj;e of the Superior Court. 2. M!()ved by Andrew llobertson, seconded by C. A. Leblanc, That as citizens, and with due regard to public interest, the barnsiersof Mon- treal cheerfully greet the appointment of Mr. Justice Berthelot, and as his confrhrs, they are highly honoured as » body by this new appoint- ment. 3. Moved by the Honourable T. .7. ,1. Loranger, seconded by ,T. C. Daly, That copies of the fore- going resolutions be transmitted by the batonr.i'er and secretary to Mi. .fustico Berthelot. and that the secretary be authorized to piiblish them in the city papers. (Signed), 14ohkht Mack ay, /intonnier, (Signed), Mederic MAUimAnn, Herrctarij. The Freiich paper, VOtdre, ujade the fol- lowing couunente on the foregoing resolu tions : -^^H A CYCLOPEDIA OF We Lave already fully expressed our opinion on thlH subject, and to-day we are happy to see the bar of Montreal confirming our appreciation of this appointment. During the time that Mr. Berthelot prac- tised at the bar, Iiis coiifivrefi elected him twice to the dignity of hatoini icr iu 1858 and IHV,). Whilst he exercised hie duties of judjQ^o in Montreal, in the space of fifteen years, ]it> was callod u])on to perform the same (hitios of judf>;e at Sto. Scholastique, district of Terrebonne. In February, 1872, he was invited by the members of the bar of that district, numbering seventeen, tt» v. comphiiK'iitary ])ul)lic dinner by the follow- ing resolutions, whieli were then published in the press : At the meeting •<{ the bar of the district of Terrebonne, liebl at Ste. Scholasti(iue on the 7th of Fel)ru.iry, bS7l2. it wa« resolved: 1. Moved liy ,]. H. Fiiiou, seconded by Mr. Boisseau, that Mr. ]jurrou,<,dis be appointed chair- man, and Mr. liochon be re(jue9ted to act as sec- retary. 2. Moved by Mr. Wilfrid Pievost, seconded by J. A. II. Mackay, Tliat a public dinner be yiven t>> the Hon. .(. A. lieithelot, by the bar of the district of I'errebonne, as an acknowledgment of our esteeiii and respect for his honour. :i. M'Aed by J. A. H. Mackay, seconded by J. H. Kilmii, That the chairman and Mr. Wil- frid Prevost lie delegated to interview his honour, and express the desire of tlie bar to give him n dinner, and in order that ho may fix the date that he will find convenient. (Signed) C. S. Burroughs, Chairman. (Signed) A. Koohon, iSecretary. Judge Berthelot regretted that he could not accept a deuKmstration which would be so creditable for himself fi'om the bar of the district of 'J\>rrebonne, being on the eve of sailing for J]urope, during a leave of ab- sence which had been granted to him by the (loverniiicnt for r(>cuperating his health, which was slightly iinj)aired by liis strict attendance to his judicial duties. Before his a])pointment to the bench iu 185i», he had been caHcd upon to fulfil the office of assistant judge in Montreal for six months, in 1855 and 1850, during which time the judges of the province had to act as such during tlu> sittings of the Seigiiorial Court for Lower ('•inada. On tiie28thof Novem- ber, 1875. his Lordshiji Archlushop Bour- gct. uitiiiinted tct .Ividgc Herthelot that he had just received from Uome a letter from his Excen(>ncy Monsignor Uoncetti, ablegate, informing him tliat His Holiness Pius IX., liad been pleased to appoint liim Connnaud- er of the Order of St. Sylvestre, by an apostolical writ, dated the 24th of Septem- ber then last, enclosed with the Ablegate's letter, adding that His Holiness had been so kind and so generous that through the agency of His Eminence Cardinal AntoneUi, he had consented to give to Mr. Berthelot himself the decoration of the Conuuandery of the Order of St. Sylvestre, which he had confided to the care of Mr. Harel, procura- tor of the archbisiiop. The newspaper, Le Monde, of Paris, France, on the 28lh of December, 1875. noticed this honour grant- ed to Judge Berthelot in the following terms : We do not doubt th.it the appointment of Jiidge Berthelot will be liailed with jtleasure by the numerous friends that he has in France, who have had occasion to appreciate, during his several visits to our continent, liow he Wiis worthy in all respects, of the higli distinction which had been conferred upon him. His Excellency, Mtmsignor Eoncetti, in a letter bearing date of February, 1876, wrote as follows to Judge Berthelot : My Dear and Honourkd CoMMANnEu,— With your very kind letter of the 20th of January, for which I am very thankfid, I have also received, throTigh the agency of Mr. Harel, your letter for bis Kminence Cardinal Antonelli, who entrusted me with his answer, whicli you will find here- with : — " In renesving my sincere congr.itulations, I beg to present my homage to the most excellent lady Madame Berthelot, to your dear children anil to acce])t in the same time the assurance of my most perfect esteem and profound respect." Expecting with the greatest imjiatience the day when 1 will see ■'■'oii in Home, I have the honour to be, my dear and honoured Conunander, Your most humble and devoted servant, Cksar Koncetti. In the same month of February, 187 Judge Berthelot was in receipt of a let;. . from his Eminence, Cardinal Antimelli, in Italian, which read as follows : Ii.LUSTBiHSLME SlOKOB,— I hftve presented, wlth great pleasure, to the Holy Father ttieexoressions of gratitude which your illustrissinie lordship lias given me in bis letter of the 20th of .January last, because our Holy Father had conferred upon you the Commandershi|) of St. Sylvestre, which you acknowledged to be entirely due to the apostolic lienevolence. His Holiness was raptured when he saw these exi>reMsions of veneration and love for his venerable person, and could not refrain Irom answering to them by wonls of gratitude, and by giving you, from the bottom of his heart, his apostolic benediction. Having thus accom- i>li«hed the wishes wnich you expresseil to me, T have the honour to be of your illustrissinie lord- ship Yours, Sec. GiAOOMO Antonelli. CANADIAN BIOGRAPHY. 3 The follmving particulars about the knight- hood are found in the supplement of " Bouil- let's Dictionary," l)age 42 : OBDEIl OF THE (iOLDEN SPUR. A Roman order founded by Paul III., in 1554, or by Phis IV. in 155<), has'been tstablisbed, ac- cording to some writers, by Constantiuus as far back as 312, to commemorate hit. victory over Maxencius, and approved since ther. by the Pope St. Sylvestre. Its object was to reward civil merit, admitting only noblemen ; il; could also be ci'nferred on foreigners. Some princely families of Home and a few high dignitaries could confer the order, which soon occasioned serious errors. Gregory XVI. reformed the order in 1841, and gave the name of St. Sylvestre, or the Reformed (lolden Spur The knights wore a golden cross with ei«ht points, and white enamelled, showing the_ portrait of St. Sylvestre. It is worn with a ribbon striped red and black ; between the branches of the cross hangs a golden spur. Before the Reformation, when England was Catholic, and when the relations of that country with the court of Rome \ ere uninterrupted, as soon as a chief justice of the Court of King's Bench, was appointed, the writ of coniniander8hii)of the ()rder of St. Sylvestre was forwarded to him by the Po()e, and he wore on his chain of office the letters S. _b. _ Since Enghmd has become Protestant, the writ is not sent to that country ; nevertheless, when a new chief justice is appointed, and when he orders at the court goldsmith the chain of office which he wears on his neck, he receives it still with the same initials S.S,, as in olden times. This fact is warranted by photographs of Chief Justices Bovill and Campbell, which Judge Berthelot lias in his possession, and which wore given him by his friend, Judge Mackay. In a legal review, entitled AUnwij Lair Jdiinial for 1874, in the issue of the Hth of August, we fkid an article headed, " Article on Campbell's Lives of Chief Justices," Avith the following comments : And while there were among the wearers of the collar of S. S., men whose lives are neither heli)ful nor inspiring, there were nuvny of whom it is good to read. In Canada the first perscm who received a writ of coiiunaudership of St. Sylvestre, was the late Sir L. H. Lafontaiue, chief justice, in the year isr)8. Judg(> Bertlielot was appointed in 1875, ns above mentioned. In 1876, after eighteen years of judicial scrsnces, he asked and ob- tained his su|)eraiiiniation. and on lliis occa- 8i(m the Mmiliriil d'tr.cltc. of tiic '2,Hlh of August, 187(1, pul)lislied the following : The Ottawa Government has at last come to a determiiuition wliit-h enables it to accei)t the re- signation of Mr. Justice Berthelot. Nearly a year has elapsed since it was generally understood that .Mr. Justice Berthelot desired to obtain that relaxation from judicial duties to which twenty years service had fairly entitled him, but as our readers are aware, ministers were seriously em- barassed in the disposal of this piece of patronage, and the learned judge was requested to defer his proposed relinquishment of official daties Before reference is made to his successor, it is '; .ic justice to say a word or iwo resjiecting Hon. Judge Ber- thelot. If the hon. judge has not obtained the first rank of judicial fame, no one will venture to deny that he has occu|jied a most honourable po- sition on the bench of this province, or that nis services have been of a highly beneficial character. It were scant justice to say that his character has been constantly honourable, his impartiality un- challenged, and his intelligence of the most vig- orous type. Laborious without complaining, diligent without ostentation, Mr. Justice Berthe- lot has never proved unequal to the arduous de- mands of his position. His knowledge of real estate and insurance law, extensive and profound, and his decisions upon these, as well as many other branches of the law, were received with the utmost respect and confidence. In determination of ca bar. he had bcon nl'lrn rccjuest- ed to euter parliament by Hi'\eral i-ountiea of the district of Moutreal, and in 1858, when the division of Alma was to elect its first . representative iu the Legislative Council, he A CYCLOPEDIA OF CANADIAN BIOGRAPHY. had been reqtiested to be a candidate by a great number of the citizens of the division, one of the two candidates rt that time being willing to withdraw in his favour if he ac- cepted the candidature. But Mr. Berthelot had aWays refused, in order that his part- ners and friends. Sir L. H. Lufontaine and Sir George E. Cartier, he not deprived of the ser\ice8 he was rendering them, while these statesmen were engaged in political life, with so much credit to themselves and satis- faction for the country. Mr. Berthelot since that time has travelled several times in Eng- land, France and Italy, where he has made several friends, with whom he still keeps an active correspondence. In conclusion, we may say that during the second rebellion, in November, 1838, Mr. Berthelot was ar- rested and sent to gaol without cause or warrant, with nuiuy of the best citizens of Montreal, viz., Messieurs Lafoutaine. the two Messieurs Viger, M. Pai)ineau, a brother of the sjjeaker, Dr. Lusignan, Mr. Fabre, ToKONTO, 1887. Mr. DeBoucherviUe sr., Amable Badeaux, his cousin, and his young friend Dr. Per- reault. The latter was soon let free to at- tend his young wife. Mr. Berthelot, having enquired by a letter addressed to Colonel Goldie, secretary of his Excellency the Governor, Sir John Colbome, for the cause of his arrest, expressing by his letter his readiness to be brought to trial, received no written answer, but a few days after was invited to leave the gaol and go to his home. At the same time he had also ^vritten to the late Andrew Stuart, sohcitor-general, resid- ing at Montreal, with whom he was weU ac- quainted, representing in proper terms against his iiujust detention, and always thought that he owed much to the interest of Mr. Stuart for his inmiediate release. Of Mr. Stuart, the solicitor-general, much can be said ; that he was at least equal, if not superior to his brother, the late Sir James Stuart, chief justice of Quebec. , \