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1
3

3:x

PUBLIC ADDRESSES

PRESENTED

THE HON. J. R. GOWAN,

AVITH

GLEANINGS FROM TIIF PRESS

TOUCHING HIS CAREER

Compiled hu a Member of (he Bar of Ontario.

1 ukON i O,
1890.

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Cil<Jr^€^^

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]

PUBLIC ADDRESSES

PRESENTED

THE HON. J. K. GOWAN

WITH

GLEANINGS FROM THK rHKSS

TOUCHING HIS CAREER.

Compiled by a Member of the Bar of Onlaric

'ORONTO,
1890.

901215

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—^^^'^'^^Bm*^--—-

N October, 1883, the Honourable James Robert
Gowan retired from the J5cnch, having occupied
the Judicial office for ahiiost forty-one years.
In January, 1885, he was appointed by the
Crou-n a Senator of the Dominion of Canada,

On both occasions a number of addresses were
presented to him. and his long and useful public ser-
vices were recognized, and his career made the subject
ot general and favourable comment by the Press

These addresses, with an account of the proceedings
connected therewith, and gleanings from the pubHc
Iress referring to the ex-Judge and Senator, were
brought to.ether by the writer and printed for circu-
at.on amongst friends,* but not in sufficient number
to give copies to all who desired to hav ^hem The
untcr has now determined to reprint these papers
u-.th some additional matter, extending his gleanings'
from the Press to a later period.

With the exception of a fe^v corrections, and the
added matter, bringing the memorial to the present
time, the papers referred to are reprinted as they
originally appeared. ^

There is ample material upon which to enlarge, but
the writer has not gone over all the public services

*The fii-st paper was prii.tuil in Au.ni^t ISS4- tl-f> « . i ■

IV.

renJcicd by Senator Gowan, because bis de^sn from
he fi St was n,ercly to «ive, in convcn.ent form he
addresses and proceedings above referred to, and the
Uter incidents 'n his career, not given in the several
biorraphical works already published

In Uu,s recording some incidents in the career of
a distinguished public man, uho has spent nearly
half a century in the public service of h,s country
t^^e writer is animated by an abiding feehng of
;::: and veneration for the Honourabe Judge an^
Senator, whom he has known nearly all h,s .fe
first Is ; school boy at the Barrie Grammar School.t
afterwards as a law student, and later as

A MEMm;u OF THE Bar of Ont.muo.
Toronto, June, 1890.

,. 1 1 ltlno.inliv " "The CnnaillAii Biogravliic"'
• "The Caiiailmn Legal lii<>gi»I>l>S . " .,„,.„.,!, n.llcrv,"

Dicticna.y of Eminent Men," :'^ ^^^;^:Z^:]^f^^
..Morgan's Canadian Directory a. llr.

^ere publiBhea years ago. The ^^^^^^j^^J Biography of Men of

Companions" and a "Cyclopa..ba of Canadian bioj,rap y

the Times" are more recent puhlieations.

the iimts a, o„i,,„>i ,.nd CoUedate Institute, at

Ct.urts received their ^'^''^y ?^"'' ^^^ ^^^^^ ,„ecessf«l institutions
than forty years as one «f ^ -, ];\^^ ,^ ^, ,,,„a a great number
of the kind m Canada. On its ^ -^^ professions and in

of men ^ ^^f ^ ^l^^w t^T ^H^can rlu the names of
every ^valk of lite In t^ie ^^^^^.^^^^^^^^ ^^^^,^,^^ ^, ,,, par. who

nine now on the ^e^'^^' -y- . ^ j,^ Parliament, in the County

have attaine<l t -ank of C^^ C an ^^^^.^^^ ^^^ ^^^^^^^ .^ ^.^^^

Councils, as well as tue *-ivu
represented.

c^i^n from
t fcrm, the
to, and the
the several

c career of
3cnt nearly
lis country,
feeling of
: Judge and
1 his life, —
lar School,t

Ontario.

ian Biographical
)rtrait Oallery,"
Canada,"— these
e Parliamentary
raphy of Men of

ate Institute, at
t Jiulge <iowan's
spicuous for more
issful institutions
i\ a great number
professions and in
call the names of
r at the Bar, who
nt, in the County
the school is well

wm^

—^-^^^i^BM^^^^^^-

I IS Honor James Robert fGowan, late" Loca!
Judjrc 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 judge in Canada, it is not a matter of sur-
prise that much interest should be felt in a career,
without parallel for duration in any colony of the-
ICmpire, marked as it was 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.f His official life was one
of uniform and extended usefulness, and he has carried
with him, into a well earned retirement, the approving

On 24th June, Trinity Term, 1834, lie was admitted as a Student
«t the Law to the Law Society, having passed the necessary exami-
nations : and on Dth August, 1839, Michael.nas Term, he was called
to the degree of Barrister-at-Law ( U. C. Gcr.ette, vol,. OamUAJ-
Appointed to the Ju.licial office. 17th January, 1843 f Canadian Legcd
Directory, 7S); Retired, 24th October. 1883 (Canada Gazette j.

+ We believe Chief Justice Bowen of Lower Canada was nominally
m office for nearly fifty years, but for more than ten years before hi's
death he never sat or performed any duty ; virtually then Judge
Oowan IS the longest holder of Judicial rank, seeing that he dis-
nargo-l the aetue duties of his office during the whole period of his
tenure, nearly forty-one years. ^

testimony of those who recognize the value of fidelity
and eoufage. as well as abiiity, in tl^ discharge o
important public functions. It is worthy of note tla
Mr Gowan was the youngest man ^er entrusted «.tl
Her Majesty's Commission as a Judge* and this tact
may explain the energy and working powers he j^-
Tained up to the moment of his retirement, for h,s
prerent age could not preclude the idea of years of
further usefulness.-indeed his retirement took many
bv surprise t He had no doubt undergone trying
hIrdsWps n the early settlement of the new district
to with he was appointed, and to which a man w, h
a less elastic constitution ^oM^Uvcjncam^

". ..Ca„a,lu„ Biographical Wction.ry," page 2G; "t^'-'j' J";

trait Gallery," vol. 3, "Morgan', Cana.Uan Directory of 18,8.

' ' The Irishman in Canada. "

+ . . The announcement of the retirement of Ju.lgc Gowan ook every
\ Z e on Friday and Saturday it was the ai)sorbmg topic

Tc^fv^XtirpLio kaces..; say, t.,e «».,«;. 3rd t. iss

rrer:::r?::i".rrriire .It o, „,,r :; ,,,.^a

Suie^c 1 t .a, a,;tioipate.l Hi, Hooor wo„W ,eek a „,*ler

:;trrlcwi„ter,a,,.i,..eaU.,..l»^.t..^^^

for tlie past year or ,o It »™». '"^ ,^ ' ^,„, j,i.j ,,„, ...d,

Stu of w' h.a, ever been „verrulccl."-&«»..«r of 4tl, Oct.,

1883

.Livin. himself after his appointment in a new district, the only

f„"tr„t«,\Mcli Have disappeared with advancing c,.,h.atiou.

ie of fidelity
discharge of
of note that
itrustcd with
md this fact
Dwers he re-
nent, for his

1 of years of
t took many
rgone trying
; new district
h a man with

succumbed.^

; ''Canadian Por-
ectory" of 1878 ;

Gowan took every
le absorbing topic
of 3rd Oct., 1883.
'' was his Honor
which was sudden
ouUl seek a niiUler

2 reverse of robust
hat Judge Gowan
lul filled with such
a single important
miner of 4th Oct.,

w district, the only
stout legs— for the
with a good many

rancing civilization.

But though they were not without producing tlieir
effect upon his health, they were not, probabl)-, the
operating cause of his retirement. He, himself, says

The roads were in such a condition that lie was generally compelled
to make liis circuits on horseback. Judge Gowan 's dh t was the
largest in the Province, and stretched oxev a wide tract of country,
the greater part of wliich was but sparsely settled. He was fre'
(luently 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 tlie
newspapers published in the County of .Simcoe gave an account,
several years ago, of some of liis early exploits ; fran wliich account
It appears that lie Avas often literally compelled to take his life in his
hands in the course of his official peregrinations. It describes how,
on one occasion, he was compelled to ride from Barrie to Colliugwood
when the forest was on fire. The heat and smoke were sufiiciently
trying, but he had also to encounter serious peril from the blazing
trees which were falling all around Iiim. On another occasion, while
attempting to cross a river during high water, his horse was caught
by the flood and carried down stream at such a rate that lie might
well have given himself up for lost. He saved himself by grasphig
his horse's tail and thereliy keeping his head above water until he
came to a spot where he could find foothold, and so made the best of
liis way, more than half drowned, to the shore, He Mas also fre-
ipiently compelled to encounter dangers from which travellers in tlie
rural districts 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. — U>n Jourtml and
Canadian Portrait Gallery. "Mr. Gowan," says tiie able and accom-
plished author of "The Irishman in Canada," "is one of the most
veneral)le ami learned figures on the Bench. When, in 1842, Mr.
Baldwin made liim 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 meet his Court engagements, and his
adventures by flood and field would make a little volume ; yet he
was scarcely ever absent from his duties."

in his address to the Bar : " I-et me say one word as
o my retirement. As you are aware this ,s the largest
Judicial District in the Province, having a populatio".
not very long since, equal to that of Mamtooa and
British Columbia together. The duties are very oner-
ous, requiring the services of at least two aetne men
to perform properly with the prompftude demanded
n U.e various duties made incident to the judges
office and I felt the time had come when, m just.ce to
the public and my brother judges, I should make way
for a younger man. My age and uneertam health
demanded more repose than I -uM properly ask or
take and so I sought retirement, and after fo.ty-one
'yetrsof hard work it cannot be said that my appea
to be relieved was in any sense premature. I^d^ed I
have the satisfaction of knowing that H.s Exce eney
the Governor-General appreciates, as he is plea ed
to communicate, my 'faithful, efficient and impartial
conduct during my long term of Judical service.

The Judge could, probably, have gone on without
remark or complaint, doing such work as uncertain
health permitted ; but he evidently felt that it was not
consistent 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 mean a
diminished income; but he had evidently made up 1 .
mind as to what was right to do, and d,d it without
hesitation ; not even, we believe, advising with anyone
on the subject. Certain it is, as already mentioned, it

f one word as
.s is the largest
r a population,
Manitoba and

are very oner-
^vo active men
ade demanded
to the judge's
;n, in justice to
ould make way
icertain health
properly ask or

after forty-one
tha<: my appeal
ure. Indeed, I
His Excellency
, he is pleased
t and impartial
ial service.' "
i-one on without
rk as uncertain
t that it was not
/ to retain office
)f service he had
rement meant a
itly made up his
,d did it without
sing with anyone
idy mentioned, it

took the public, the Bar, and even his own intimate
friends by surprise, for, up to the day it ^vas 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 October 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 retire-
ment 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 expe-
rience, and his great service to the country in number-
less ways, can measure the loss this will be to the
Bench, of which he was /rt«7^ /n;/a;/'i-. * * Judge
■Gowan occupies 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 here-
tofore passed his long and useful life. Spotless purity,
entire freedom 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 consideration 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 admirers for his future health and happi-
ness ; and we trust that, in some way or .mother, the
2

country may still have the benefit of his ripe expe-
rience. His career is a brilliant example to those who
occupy similar positions of trust and dignity, to emu-
late which will be a duty, and to equal which wilt
indeed be difficult"— Camrt/a Lata Journal, Oct. and
Nov. Nos., 1883.

"Judge Gowan recently retired from the position he
has so creditably filled. He held the office for forty-
one 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. * * The esteem for Judge Gowan extends
far beyond official circles: he is well known in spheres
of Christian philanthropy, and his efforts in doing
good have in many cases led to happy results."—
Canada Presbyterian, Oct., 1883.

" He has been longer on the Bench than any other
judge in the Dominion, and has made a very honour-
able record. His services have been recognized by
magistrates, lawyers and the public generally, and
he enjoys the respect and esteem, not only of his
brother judges and the members of the Govern-
ment, but of all with whom his duties have brought
him in contact. We know of no occupant of the
: enr- who, by long service and the faithful dis-
ci, -ge of his duties, has so richly earned retire-
ment as has Judge Gowan."— Toronto Telegram, Oct..
1883.

of
on(

i larj
the

I '^^^
' to

faci

^ thai
; and
I by
I reac

1 1

his ripe expc-
)le to those who
lignity, to emu-
]ual which will
urnal, Oct. and

1 the position he

office for forty-

a reputation for

)f the important

mg a service, he

active judicial

Gowan extends

nown in spheres

efforts in doing

appy results," —

1 than any other
e a very honour-
n recognized by
; generally, and
not only of his
of the Govern -
es have brought
occupant of the
the faithful dis-
y earned retire-
o Telegram, Oct..

"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. * * "-Mnsl-oka Herald i6th
Oct., 1883.

"Whilst we, in common with the community at
; large, cannot but regret that Judge Gowan lias left
; the Bench, of which he was so distinguished an
: ornament, we can easily understand that he wished

to divest himself of the ermine, whilst his mentaf
. faculties were undoubtedly unimpaired and in more
j than youthail vigour, because tempered by years
J and enlarged and varied experience, and cultivated
^ by not merely legal lore, but by extensive literary
I readmg and study, which it is to be hoped, now
jthat he is untramelled by judicial fbtters, ^he

country may at no distant day reap the benefit of
^m some form or oih^rr— Examiner, 4th Oct., 1883!
I We might multiply quotations in this connection,
Jfor the subject was noticed very generally by the
t^pubhc press, and all, without exception, gave expres-
jsion to regret, and spoke in eulogistic terms of
pudge Gowan's varied services during his long career
ft ,s believed they spoke the mind of every thinking
jman in the community, and we are borne out in this
*y the language of the Presentment by the Grand

r7^ ^^'^ ^°"'^ "^^^ aft^"" the Judge's resignation.

Ij This being the first Grand Jury that has met
Pince the retirement of Judge Gowan, we cannot
UIow the opportunity to pass, without expressing

our high sense of the long and faithful service he
has rendered in this county. * * We take pecu-
liar pleasure, being in a sense representatives of
the people of this county, in placing on record our
hicrh sense of the great esteem and respect in which
Ju'dge Gowan has always been held by the resi-
dents of this county, and in doing this we knovv
that we are voicing 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, 13th 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 many
thousands of cases which came before him during the
Ion- time he lield office ; but his fearless honesty was
only equalled by his industry, and produced a confi-
dence almost without parallel in all his decisions.
This the fact that appeals from his decisions were
almo'st unknown,* abundantly proves, seeing that he

* "We believe that throughout the 'vhole of his Judicial career
but two of those pronouuced were reversed. * * Ml of his judg-

, 1, 1 ...« f>lpnr in diction di^n tied and concise,;

ments that we have read ai e clear m fliction ii.„

* * entirely free from any parade of learning or affectation . two^
objects seemed to absorb the attention of the Judge, (1) properly t.|

thful service he
We take pecu-
;prescntatives of
■y on record our
respect in which
:ld by the resi-
o- this we know
sentiments of all
s for gratification
rse, and we think
)W, that he ahvays
li^hest esteem of

long identified.

:.. 1883."

ion, touching any

1 the case of one
have many times

irties, in the many
re him during the
irless honesty was
produced a confi-
all his decisions,
lis decisions were
■es, seeing that he

3 of his Judicial career

• * All of his jutlg-

iliimifieil and concise,

ling or affectation : t\v 1

I Judge, (1) properly t.;

acted in Ihe presence of a large and able I^ar, and
amongst "an intelligent and cdncated people very
tenacious of their rights." This fact has bee.i referred
to m several quarters. We learn from older members
of the bar that there never was a feeling in this Judi-
cial District that "it depended upon the humour of
the judge what character the law assumed." So far
from that, every practitioner felt confidence in advisin-
his client, upon ascertained facts, what the decision
would probably be. This was a matter of c^reat
importance in those days when che bulk of the^aw
business was done in the Division Courts, and when
tlKi-e was no appeal from the decision of the judcc
actmg in these Courts, though retained in the other
Courts over which he presided. The feeling of confi-
dence and certainty to which we refer, was conspicuous
very early in Judge Gowan's judicial life, and in this
connection may be given the language of an address,
presented to him in 1852, by the magistrates, council:
iors and others, residents of the western townships
after a new District was set off from the territory then
in his jurisdiction, and formed into the District of

IS 2i ' •"''*'°' the parties; (2) to establish a rule by
th.h s.nular questions may be solved in the future, and if possible
I hrnjg each case within tlie scope of some general principlfwhth
I uvd enunciated and defined, guarding itt however with proTer
I ndi u,„, ,„, ,p,j^^,^_ . . Theslindnessof liTiZ
^ the care with which he prep-.r.-d hi., decisions is evi„ ed by he
U t, before mentioned, that but two of his judgments appear to b!
rt^ersed on appeal. ''-6'«»acfoZ:a,„yo«n.a,-,Vov. 1883

14
rrev The address speaks of the manner hi which
fHranties in the particular court for the o-hty ha
been pc, formed : "and the usefuhiess of that Lourt
under your Honor's jurisdiction, in givmg soundnes
^o pecuniary transactions, confidence ■",""--, 1
affairs and a high tone of moral feel.ng ; and, adds
"oryour separation from this division, ,n takmg leave
of vou we beg to assure you that it is with mmgled
feeling.; of res;ect and regret ; respect for you as an
Ale and upright judge, and regret that we have lost
four vlable^ervles." Referring to th,s address tl^
Zrie Herald* of 7* April, 185=. ^^y^- <-'™°"P
otC things : " I-'rom personal attendance for a period
: '^o* than six years at many of the courts over
which judge Gowan presides, we are warranted m
It^essing our conviction that to his integrity, ability
",d painstaking efforts, and not merely to the value
o the system ttself, may be traced the existence of
the o-der of things fitly described in the address o
nl as '-iving soundness to pecuniary transactions,
'^fidlnc-e in commercial affairs, and a higher tone to
moral feeling,' throughout the county

Not only was the Judge earnest with the pc

fbrmance of his regular work, but he took mudv,

double n aiding every official, within h,s junsdi -j

on by n^struction and advice, a matter of no smalh

moment, in the early settlement of the country, when

Kdited by the late Hon. Jas. Patton, Q.C.

iipui'i

lanner in which
the locality had
s of that Court,
riving soundness
2 in commercial
ing ;" and adds :
n, in taking leave
t is with mingled
;ct for you as an |
that we have lost

this address, the
2, says, amongst
:lance for a period
.f the courts over
are warranted in
s integrity, ability
erely to the value

1 the existence of
in the address to

niary transactions,
d a higher tone to

ty."

est with the per-
ut he took mucli
i^ithin his jurisdic-
matter of no small
■ the country, when

in the nature of things, the same educated intelligence
could not be expected, as can now everywliere be
found, m those who hold positions of trust

H.s 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-boxof very beautiful design, bearing the in-
scnption : '•' Presentorl tn i-r;.- u t , r

p^K .^ ^'^^^cnteci to Hi.s Honor Judge James

Robert Gowan by the Magistrates of the District of
Snncoe, who gratefully acknowledge his invaluable ser-
vices 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
acknowledged 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 ^ive
It expression. One, within the recollection of the
Kvntei, may be mentioned, as showing how he was
»-evered by the profession, as well as the public in his
udical District, who were justly proud of his well
leserved fame.

In 1868, when he had completed a quarter of a
entury on the Bench, he was presented bv the Bar of
f he county, m which he had so long presided, with a

_ CW««,/;.. nio,rap,uc.f Dkti.nar.u ,ag. 2(5, an.l Toronto Xou«-

pvtil'CSSlVC Ot the rcbpt-ct nnra-

cxpicb^i extract a couple ot para

'^='\'^''w:ri' J to your wi.e counsels and
graphs : Wc f^^ " ^ i^,,,,^ of a Bar n,

examples are mainly duo tnt , . , , ;„

this county, which will compare f-°" f ^; ^''^^i",,,,,
the Dominion, and that th,s resent has ben

„.Uhout, in the -;;,^^}^fjf\' ^w Relieve that
^'^^^rr^r^nlfi latlnistration of the laws is

-;:; "ni^h^ted -;o---,r;Lr:Te
ctro-:ri:rt,rre^;^^--- - °-''

, A c nil r'asses of our community,

which prcvades all classes oi

" ^i.^tff ::; ^n rdin^vrbirsiiLs on

Snrand' « Sndly spirit towards themselves

vas due to you, and we now beg your acceptance,

rflds^f thi. life-sized P-*-7 /™; i

rn":^^'-:!::^^'^--"-

, „! itas we do your own private property, we
:f;h!ru:::..tU^mayfora.imehe^miU^^^

S-;:-jo?::-.riLtiSi^bepr.,.

the Simcoe County Council, expressive of their livei)^

? an

, an

i hi;

' Ah

rin

an(

iiai

bcf

: in 1
I as
* rcg
Bet
this
;gre;
^cess
^offic
Ipres
klit
|ud^
|ill Y

i)oin

t tl

fud^

[ncui

is robes. "The
lusiastic address
n which he was
couple of para-
sc counsels and
ice of a Bar in
rably with any in
LS been obtained
;tering it at the

appreciation of Judge Gowan's long judicial services"
and assuruig him that the same sentiments "of esteem
and h,gh respect that animated the Council towards
his person were equally shared by the people at large."
As the Canadian Biographical Dictionary, in refer-
ring to this matter says: "Knergctic and earnest,
and fearless and firm as a judge, yet his relations
have always been pleasant with those having business
before h,m and he has secured the regard and respect
of the legal profession."

Upon this graceful act the public press commented
in terms o» approval, and it must have been gratifying
as It was encouraging, and that he retained thei'r

We believe that
tion of the laws is
tive freedom from
distinguishes the ^ ,, ^...^^ „.,^ ^^^^^ ^^^ retamed tlieir

3rlaw and order, ^ ;'Jg^'^ ^"d respect to the very close of his carrer on the
Timunity. : ^^"^h, we shall have occasion to show before closin-

that some public this sketch. I^erhaps the most striking evidence of his
duable services on ^great aptitude fbr the position, was his wise and sue
wards themselves, f^ aclmmistration of patronage, in the selection of
our acceptance, at ^othcers fbr the several Division Courts over which he
Ing of yourself, in f^f^^- Until very recently, the duty of appointing
,ark of the respect .fH the oflRcers of these courts belonged to the senior

by us ; and while f "j^ge-the; power of appointment and removal-fbr
-ivate property, wc PH Held oflfice during the pleasure of the jud-e In
me be permitted to Judge Gowan's extended jurisdiction he had tlie ap

all may have an |>omtment to some twenty-five ofifices, several of them

ling that the pr<'-Fj^^^,t"^e, giving an income, from fees, larger than the

^•"^■^^'■" . r. ^''k ""''" ''^""^- ^"'''■"^ '^^ ^^'^^°1^ P^nod of his

by an address fron|.cumbency over one hundred officers were appointed

ssive of their "liveiyfy him, and so judicious had been his selection that

, f . „„.„ of his .-ippointmcnt were vcimoved lor
" ^ndu o n •> t in the U,ng period of forty years.
^irrXn^esti^toecurredint,.^^^^^^^^^^^

"r the eounty longer than the Judge himself,
resKled n, "^^ ™ '^,^^? .equainted with pubhc
r\- r •: lett pT,bl shed at the time refers to the

' r ' . ffact tol.^ how well officers of his appomt-
mentions a fact to ^nou ^^ ^^^^ ^j^,^^^

,,, stood w.h the l.ub^-^^^

a,ht were c ecn^ K^-- ^^^^^^^ . ^ ^^^^ ^^^^^^^^^^^^„
T" TwX'w^-veralothers. chosen to fill the ,t.o,
ofhce of W arde , X .T^unicipalities," .".d he a n

office of counciUoi:, in local '^" J: , j,,, T^,..i...,^to c

• ^ f Unxc- 'idded more than one elected to u . --^^ >
,n,ghthaxcaadccL ^^ ^^^ ^^^_^ ^^^^ .i^/x-a;/^^ iicws-|ind

libic

rjic

cc
th
fa

nv
st«
rc!
re(
ap
mi

LJO
IlK

offi

ma
ex(

for
iud

'--•^..:,'^T^r'Sn:;':p.et..i.^.-many^t.,'

'T' wu-s tic best ,nen for such positions, b.::,

dio, ..l«a>. tue ,,,|„„, and these two th

[ men iwi ..«-" r-

two things, and these two thc| .10 ,

, s.-.-d in a singular degree. Ihe fii.t, .1
^"^'\''^ "•h^actev . c^.ability of judging what.
''^^'^^":r;;'T^ matter what he sa.n.l to I..
,n,ui icall) .^as grudgnign

iKis been remarked, even

api

nist

10 removed for
Dd of forty years,
at time were due
few years a'^o an
lowk'dgc, havinii
c Judge himself,
ted with public
time refers to the
liar, as "a matter
;ained the appro-
lies in this com-
Tianner in which,
Igc has exercised
,ce ;" and in proof,
:ers of his appoint-
rs: "No less than
of them re-elected

conceded pmisc to those who differed from them, that
the Jiid^^c pnsso.sed, in a most remarkable way, the
faculty of reading character, and of detecting the secret
workiu'^., that animated those, whose actions and
motives it was necessary he should discover and under-
stand. He could at once gauge a man, and, as the
result generally 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 inHuences brought to bear. 'The public
good' was, in an essential manner, Judge Gowan's
motto. \Vc 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 shou how he
exercised the patronage reposed in him.

'"The letter of the statute makes the tenure of office,
for both clerk and bailiff, during the />/,',isu,r of the'

in the honourable j judge; but an office connected with the admim'stra-
s, chosen to fill thc|tion of justice ought, at least practically, to be upon
cipalities," and hcia more certain tenure— and \vhile willing and able
Icctedtoth'.- T.egi'- to do tlr- luties required of him faithfully, discreetly,
he Advuhu ..cws- jand in the mode prescribed, every officer should be
e thing to many, to iible to feel assured that his position was secure,
such positions, bviflhcse, my early formed and known sentiments, need
i, and these two thiJio repetition to convince officers in this county that
gree. The first, an :he exercise of my //,vw/n- will not be bottomed on

of judging what ii :aprice. But 1 hold the power of removal as a trust,
c si'cm'd to be. 1' I'ld may not decline to exercise it, when inability or
me who grudgingl} nisbehaviour in office is made to appear to my satis^

f runn * * 1 >-eckon confidently on an energetic

,ho "-7«r-" '°;::dlfG:;va„ may be said, in a

We will onb-df;^ ,^;;^, <::,,,„„ ,^, the ca.e of

certain sense, to have Deen » ^^ ^^^

„,as revered by U em ' ^tirement, to be hereafter .

'^":' 1''1;r^" e" Ine himself to the efleetive ,
noticed. ^o\ am . . , ^^ , :„ thp courts, but,

organization -'^ .f-:::';;^' , lud to' pro-
active and energetic .n <='"y""^».„,.f^„er since the i

^'V^'' [-tr . d°development of our mun.cpal
in the wo.l<ing and a p ^^^ ^^^^^^y^.

system,* and it enabled h.m^o^^v ^

■ " J .fi,-i1 working out of our f

. .Towards the organisation a.^ P-^^'^j^^ '^l,^,,ted mor. |
eomplicated municipal ^ejn, {;!;^|;;^ ;.„,;,!,, ,fter his appointment |
than any other one mdivulualUvj^ ^.^^ ^^^^ .^^_ , |

iuanew ^^-^''^^^-^f"^ It^W ^^^^^^^^ division Court in locah .

and the old settler, forced to ^o^ h^^ ^.^^^^ ^^ ^ ,„,au ^

tics to which, for a time, tl.e only ^^''^^^^^^_^^^,,, or one^s own |

th, and the only means f J^^^ ;^L wants and peculi. i

tout legs-he was ^--^^^^-;^j^;;^he primeval forest, and tl,. |
requirements of settlements he^^n out otP ^^^.^^ ^^^ ^^,,,|

Led Judge thus a^iuued a r^aet^-P-^ ^^^^ ^^^^^^^ ,, J

o few. This special knowledg^ -1^ .^ ^.^ .^^,g,^^^,,, „,|

attaiments, and tl.e -"^; ^^^^^^^e opportunity to mould muc|

t(
ti
f(
It
w

on an energetic
)mpt and cheer-
ations, by which
secured to those

Tiay be said, in a
g in the case of
s just, and that he
manifest by their
lit, to be hereafter
If to the effective
;i the courts, but.
calculated to pro-
mself ever since the

eration and advice.

of our municipal

;ive much valuable

ical working out of our
m has coutril.uted mor.-
self, after hiaappoiutmeut

tact with the immigrant
Division Court in local i
f access would be a brnll.
,achUe-horse or one^s own
th the wants and peculiai
lieprimeval forest, and tlK

cperience which was op.i
to his well known legu
felt in his judgment iw

opportunity to mould muc^

ton, which otherwise woul

aid towards the legislation, which has <,^radually
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 corpora-
tions m his extensive district, but to the council
for the county, which has been frequently acknow-
ledged ; the last time, after his retirement, 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
he found time, in so many ways, to aid in promotino-
matters of importance to the welfare of the country
His ability as a legal draughtsman had commended
him to the Honourable Robert Baldwin during the time
of his government, who availed himself of his ser-

l h.ve been largely theoretical and of questionable value. In all such
' '"^IT" n ^1 «7^" '^i'l "«t conHne himself solely to the lin.ited

M here of Ins lo.,l judical duties, Inxt with pen and voice brought
erpubh^ any notable abuse, or suggested some sensible

■unendment of the ex.st.ng law, which would bring order out of
|.haos and tend to reduce the constant friction which is an incident

to all newly ,ev,sed systems, no matter how carefully framed

I ho are entitled to be credited with efforts in the same direetion-w^
ibave perfected a most flexible and workable system of local self-
government, wlneh while a boon to the various'local communities,
^1^ . the same time a monument, more enduring than brass, of thr
|untmng energy and patriotism of men like the late Judge of the
■•Judical District of Si„,ooe."-Ca««<^a Lau- Journal, Nov., IS83

vices and suggestions for reform and improvement ni
matters of legal administration, and the Attorney-
General of nearly every Government since then, has, m
various ways, sought his aid which was always as
freely given, as it has been generously acknowledged.
For example, in October, 1 863, Sir William B. Richards,
in replying to the Grand Jury at the County of Simcoc
Assizes, shortly after his appointment to the Bench
refers to the "suggestions and able assistance rendered
to him by Judge Gowan, when he was Attorney-
General, in preparing legislation touching legal im-
provements." "With regard," he said, "to the measure
for consolidating the Statutes bearing upon the duties

* His skill, as a legal draughtsman, was such that Mr. BaldAvm.
who at the time of Judge Gowau's appointment, was Attorney-
General for Upper Canada, availed himself of his services m prepar-
ing various important measures, which were afterwards submitted to
Parliament. This was a remarkably high compliment for a young
man of twenty-five to receive, but there is no doubt the compliment
was well merited, for the measures so prepared were models ot
compact statutory legislation, and gained no inconsiderable ecM tor
the Administration. The example set by Mr. Baldwin, has sine.-
been followed by other Attorneys-General, and Judge Gowan has
thus made a decided mark upon our Canadian legislation and
jurisprudence. * * Canadian Portrait fiaUery. It is well
known that many important Acts of Parliament, and many valuable
' amendments of existing statutes have originated in his fertile bram :
and any suggestion coming from this eminent Judge, with his known
experience and ripe judgment, it may well be believed, was eagerly
and gladly made use of by the officers of the Crown, for the tiinr
l)eing° and speedily these suggestions would be found reHected in th.
Statute \vyQk.— Canada Lav Journal, Nov., 188.S.

I to
1 ^'0l

improvement in
i the Attorney-
;incc then, has, in
. was always as
T acknowledged *
Ham B. Richards,
:ounty of Simcoc
it to the Bench,
sistance rendered
2 was Attorney-
jching legal im-
i/'to the measure
y upon the duties

ch that Mr. Baldwin,
ment, was Attoniey-
lis services in prepai-
terwards submitted to
ipliment for a young
loubt the compliment
)ared were models of
iconsiderable eclat for
T. Baldwin, has sinci-
aid Judge Gowan has
adian legislation and

Oallery. It is well
it, and many valual)le
ed in his fertile brain ;
Judge, with his known

believed, was eagerly
} Crown, for the thnr
> found reHected in tht
88!^

of magistrates, which he had introduced into the
Legislature, and several other important public mea-
sures relating to administration,— 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 lo believe that other Attorneys-General had
availed tiiemselves of his suggestions and assistance
on important measures of law reform." And in i866,
when Sir John A. Macdonald, then Attorney-General^
was entertained by the Upper Canada Law Societ)-,'
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 John's health being
proposed by the chairman, who referred to his twent}"^
five years of office, the wise and well considered legis-
lation promoted by him during that time ; Sir John
in tiie 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 assist-
ance he received from Chief Justice Draper, an " able
legal draughtsman," paid a handsome compliment to
Judge Gowan : "to whom next to Sir James Macaula\-
and Chief Justice Draper," said he, "I owe a debt of
gratitude for assistance of this nature ;" and referring
to various enactments of the Statute book said : " If
\-ou refer to these, you will recognize the careful and
legal mind and hand of my friend Judge Gowan."

The Upper Canada Law Journal, in commenting on
the proceedin^j[s 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 pleased
to have the opportunity of recording this expression
of opinion on the part of the Attorney-General 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." *

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 commis-

Tlu Jrishnian in Canada, by N. F. Davin, Esii.

commenting on
acdonald " paid,
It of all when he
Iding .so high a
re the public, as
d, is, we believe,
ities of his office
duties with the
ability, still finds
hich every lover
)rovemcnt of his
he more pleased
y this expression
orney-General as
I preceded us, in
are under many
lis most valuable
iety of subjects.''
- from whom we
idge, he is yet an
n- mind in all the

John Macdonald,
he public statute
e re-casting and
f the statute law
1 former commis-

11, Esq.

sion, was at first committed to Sir James Macaulay
alone, but the undertaking being a very formidable

i one, at his suggestion Judge Gowan was requested
by the Governor-General to co-operate in this im-
portant work, which he did ; and in a published
report, touching the consolidation of the laws apply-

: ing 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 indefatigable labours in the work—
and that the work was a formidable one is easy to
understand when it is said, that some forty volumes

i were consolidated in ;(zuo.

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
i provided 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 Macaulay and Judge Gowan accomplished this
, delicate task for Upper Canada, and the test of years
J has shown that that learned jurist Sir James Macaulay
;Avas justified in speaking thus of the work: "I feel
jcvery confidence that a good work has been achieved
land a desirable basis laid for Oiture legislation. And
yor the able services rendered by Judge Gowan the
|Government, the Legislature and the public, as well

I 4

as myself, are indebted to him." The public gencr;it
Statutes applying to both Upper and Lower Canada
were consolidated at the same time. G. W. Wickstead.
Esquire, O.C, the present Law Clerk of the House oi
Common.^ a very able jurist, taking the main and chief
part in that work, as Sir James Macaulay did m the
consolidation applying exclusively to Upper Canada.
Both Mr. Wickstead and Sir James Macaulay officiallx
recorded their "grateful indebtedness to Judge Gownn
for most valuable advice and assistance" in advancing
also this difficult and labourious 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 to make the
criminal law uniform all over Canada, embodymg a
consolidation of the criminal laws in force,in the several
confederate Provinces, with several valuable additions
and improvements in procedure which became law
(caps. 17 to 37 in the Statute book of 1869) in force
all over the Dominion. A valuable and necessary
measure and wonderfully complete as a criminal code.
When the Honourable Attorney-General Mowat
determined on the consolidation of the 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.*

* Judge Gowan's appointment was most favourably noticed by tl>H
,..« We mav ouote from the British American Prednjtman, ot ,

Press. We may quote

tress. >»c iii"j ^J^l..J.-- . 1 „r fi,

26lh May, 1876, as an example: "In a recent number of tl.

ic public general
d Lower Canada
G.W.Wickstead,
c of the House ot
he main and chief
cauhiy did in the
;o Upper Canada,
vlacaulay officiall\
s to Judge Gowan
nee" in advancing
rk to completion.
John Macdonald.
ard, Esquire, Q.C
; aid in preparing
man to make the
ada, embodying a
force, in the several
valuable additions
vhich became law
: of 1869) in force
ible and necessary
as a criminal code.
ey-General Mowat
the Statute law for
^as appointed, with
ed for that purpose
aid in the work.*

avouiably noticed by t!
merican Prenhi/teriaii,
recent number of tlu

For this important service he was a recipient from
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
Parliament Buildings at Ottawa, involving a very
large amount, had been a subject for controversy for
}ears and was unfortunately cast into the arena of
party strife. After the Hon. Mr. Brown entered the
3l\Iacdonald Government it was arranged that the
Jinatter should be settled by arbitration ; Mr. Page, the
rxovernment Engineer, acting for the Government;
Jhe late Mr. Cumberland for the contractors. It was
^igreed that some Ontario Judge, both parties could

I'aimfa Law Journal, the ff)llowing appears : ' We are glad to learn
|liat His Honor Judge Gowan has been added to the Connnission for
Oonsohdathig the Statutes of Ontario, and is talking an active part
|i the revision of the work ah-eady done, and in suggestion for its
%ture prosecution. Probably no man in Canada, could be found
tlio IS more familiar with the Statute book, and his ripe judgment,
•Jul the experience gained by him, when on the Commission for
lonsolidationof the Statutes of old Canada, will be of the greatest

feueHt. We congratulate Mr. Mowat on securing his services.'
|-eryo,iG ulio know.s anything of Judge Cowan, will cordially
-^dorsc our contemporary's eulogy, as being eminently well deserved.

10 Hon. Attorney-General has certainly made a most judicious-

^pointment."

a.M-cc on, should be the third. Judge Govvan was the
fn-st named, and both the Government and the Con-
tractors, at once, agreed to select hini. Of this
tribunal, two only were necessary to a decision, i he
trial took place; some of the ablest counsel ni the
country acting for the parties ; the Hon. S. Richards,
OC for the Crown; Mr. T. Gait, Q.C. (now Sir
f homas Gait, C.J. C.P.), for the Contractors. After a
protracted enquiry, the matter was brought to a close
by an unanimous award of the three arbitrators. 1
^4s said that neither party felt, as might be expects
the result to be what they desired, but it was admitted
on all hands that Judge Gowan, who presided, con-
ducted the proceedings with singular patience, judg-
ment and ability. The award made remained un-
questioned 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 Roya
Commission in the well known matter of The
Pacific Railway Scandal," as it was called. The Hon
C D. Day, a retired judge, and the Hon. A. Polette,
,a' Lower Canada judge, being the other judge,
anpointed. The matter had evoked profound feelnu^
and intense party bitterness, and all the judges namcc
were assailed, with great acerbity, by a portion of th|
opposition press,* as might be expecte d in a mat ted

"" ^IT^^^Ti^^Tgi^i e'ctracts from the Press favourable to t!,|
.Judge, we have thought it proper to give also all that has ever bce|
said against him .

whi(
to (

3 Gov
lof 1
ias I
ipref
|bcfb
<thcs

tial a
j)aro(l
is coi:
^linis
i>f ser
|)hjecl
laps ]

jinpar
lit it
xtrei
ohn
t'ashi

\i Sir

;niue

itab

judge
'O ac
ent (
ill hi
iuHd(

"A
king i

J Govvan was the
nt and the Con
t him. Of this
) a decision. The
t counsel in the
Hon. S. Richards,
t, O.C. (now Sir
itractors. After a
Drought to a close
26 arbitrators. It
night be expected,
Dut it was admitted
'ho presided, con-
iar patience, judg-
ade remained un-
inassailed by the

as not so fortunate
ted on the Royal
matter of "The
; called. The Hon
le Hon. A. Polette.
the other judge-
id profound feelint
11 the judges namei
by a portion of the
:pected in a matu

Press favourable to tli
Iso all that has ever b* e

which was used, and used successfully in the cmL
to overturn the Government of the day. JudgJ
(iowan's appointment was challenged on the ground
of his being a personal friend of the Premier and
as one looking for preferment on the Bench ; a
])referment, as was subsequently known, he had
before actually declined, and it was alleged that
these considerations would influence his judgment.

' Mr. Gowan has been for tlie pasttweuty-five yeans the conH.lei,-
tial adviser and personal friend of Sir John A. Mat lonahl, has nrc-
))aredsomeof his measures, and received such favours from 'his hands
js could be tlirowniu the way of a judge by an Attorney-General or
IMnnster of Justice. Judge (iowan has already ,lone a good ded
|)f servde work for Sir John A. Macdonald, but has never gained the
ebject of his aspirations -a seat in one of the higher courts Per-
laps he sees this prize within his grasp at tlie present moment "-
U he Globe.

^ "Against the personal character of Judge (Jowan, or against his
Japartiality in his official capacity, no one can truly utter° a word
|ut It IS very different with his politics. He is known » * as ai'i

ixtreme Tory and an ardent admirer and zealous defender of Sir
ohn Macdonald in everything he does * * It is merely a white
^ashuigconnnission composed of devoted followers and dependants
|f Sir Jolin, chosen not because of any special legal qualification or
f ninence of position or reputation, but because they were thought
luitable for the dirty work to be done. We are sorry to find that
fudge Gowan has committed himself to the business. He has been
fco active a politican and too prominent a defender of the Govern
ai.'iit to get credit for an honest course, or an impartial decision, it
till bring nothing but suspicion and may end in loosing that public
ooutidence he has so long enjoyed. "— TAe Expositor.

'As to Mr. Gowan we are also ready to award him the praise of
l«ing a highly respectable magistrate * * There is however one

.^o

The Government papers, on the other hand, spoke
in high and eulogistic terms of the persoficl of the
Commission.

The judges on the Royal Commission had very
serious and responsible duties cast upon them. They
became, in effect, " buffers" between the two great con-
tending political parties in the state and the Governor-
General, and must have known, in accepting the
position, they could not escape hard blows in the mclcc;
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 confiden-
tial agents of the Crown. We do not desire to enter

•circumstance which makes liis appoiutiuent excceiliiigly iiuleceiit * *
this is his well-lvuown fiieudship for Sir John A. Maciloiiald." --
Montreal Herald.

l>ut Lord Dufleriii, the (Jovernor-C^eneral of Canada, in the
memorandum accompanying his despatch to Lord Kimlierly, of l.Sth
August, LS73, referring to the ptir-soiicl of the commission, says of
.ludge (Jowan : "When at tlie Bar he was partner of the hite Hon. J.
]"]. Small, who was Solicitor-Oeneral for Upper Canada in the reform
government of 1842, when Mr. Robert Baldwin was Attorney-Cencr-
al. Mr. Small was considered an extreme reformer ; Mr. (iowan a
moderate orte." After speaking of his appointment as Judge ])y the
Baldwiu-Lcfontuine (iovcrnment of 1S4.S, it is added, "He has
held that jjxtsition ever since and exhilnted therein tiie best qualities
of a judge,"' and after mentioning several a))pointments and work
performed 1)y him concludes witii the observation: " He has been
consulted by each successive Attorney-lieiieral for l'])per Canada
since 1842, on the subject of proposed changes in the (. riniina.,
Muniijipal and otlier laws."

upon a buried subject, but Judge Gowan had the
satisfaction of knowing that the representative of the
Sovereign fully appreciated the services he was able
to perform under the Commission, and one of the ablest
publicists in Great Britain, who happened to be in
Canada at the time, we know, fully approved of the
course taken by the Commissioners 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 1871, Judge Gowan was appointed,
with four other gentlemen, Messrs. Adam Wilson'
J. W. G Wynne, S. H. Strong, and C. S. Patterson.* a
commission to enquire into the constitution and juris-
diction of the several Courts of Law and Equity
superior and inferior, appellate and original, and
nito the operation and effect of the present separation
and division of jurisdiction among the courts, etc.
similar to the ICnglish Judicature Commission.f A
diange in Government took place and the Commission
was superseded, not however before certain members
of the Commission, namely : Mr. Gwynne, Mr. Pattcr-

* Sir Adam Wilaou lefcntly retired from the office ..f C'lnef
• ".t.ce of the Common I'lea.s. The other tliree are now Justices of
tile Supreme Court of Camuhi.

fThe ^' Cau.ul la » nhumphhul Dirtloiun/r '' CanadUm Purhnii
'■"'/'»•>/,' '^ Can, I, /Ian L'i/nininc/O)'!/."

.son, and Mr. Gowaii had made considerable pro<^rcs.^
in fornuilating a bill, on the basis of a fusion of law
and equity.

In the cause of public education, Judge Gowan has
always been a c(Mispicuous worker. In 1843, he was
appointed by the Crown 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, M.A., he
has held the position of chairman and is now chairmaii
of the lianie Collegiate Institute. " It is perhaps the
only body of the kind in the country in which com-
plete harmony of feeling and action has always pre-
vailed."* He was also chairman of the Board of
Public Instruction at Barrie, during the whole time of
its existence ; a body that for many years gratuitousl)-
performed the duties of examiners, and to a certain
extent of inspectors, indeed, a large share of the duties
which are now committed to salaried inspectors and
examiners. The appointments were, at first, by the

*The other members of the Board are: Judge Ardagh, Judge
Boys, the Very Rev. Dean O'Connor, Mr. Sheritf McC'onkcy, and
Mr. Reeve Ross. This note was nuide in 1884. In 1890, Senatoi
Gowan was again elected chairman. The following changes in tho
pertonel of the Board occurred : The Very Rev. Dean Cassitly to tlu'
place vacated by Dean O'Coinior on his appointment to the R. C.
Bishopric of Peterboro'; the Rev. Mr. MeKee, Presbyterian Minis
ter, to the place of Mr. Sheriff McConkey, deceased ; and Dr.
McCarthy, Reeve of Barrie, had some time before taken the place ot
Mayor Ross.

ayt

1 1

Croun; afterwards, the power of appointing was trans-
ferred to the representatives of the people in their
county councils, the tenure being for three years •
but Judge Gou-an's appointment has invariably been"
renewed 0,1 the expiration of every term. The chair-
man js annually elected by the ]^oard.*

In connection with education, it must be mentioned
that to Judge Gowan the profession in this Province
owed the establishment, in 1855, of their first le-al
periodical, The Upper Canada Law Journal, ^^4c\^
lias contmued its prosperous career to the present
time. To this publication he was, for many years the
mam and almost the only contributor of original mat-
ter and afterwards largely aided with material support
to keep the publication abreast of the require.nents of

tln-s iV r,"""". ; ;-' "' *'"' '" ""' f«'ty .seve,. years of i ts .x i.teuce.
th.a Boanl I.as ha.l l.ut two chainnon,-the li.v. S. H. Anlagh an.
Senator Gowan. The latter is the only surviving n.en.her^of the
ordinal Board. Amongst the Judge's early coadjutors on the Board
where men whose memory and services will always beheld in

the Rev. Dr. Braser, the Rev. John Gray and the Rev. y\ Osier
all "thr^' *^:/^"^'-^^'^^ ^'•- ^^•■'^«er and Mr. Osier are still living ;
D St 'rh^r'" -re pioneer ministers of the (Gospel in tte

ff er 1; \^"^- ^^'- ^"'"^ '''''''^y ^^"'•-^ f^"'" -''•tive duty.

■tfter between tlnrty and forty years of arduous labour. His career

mmny respects, was like that of his frien.l Judge (iowan ; n.arked

l^indness of heart as of manner. Mr. Gray's resignation was ret.," ve
''.-h universal regret, and he too carries with him into his retire
meat the respect and regard of all who knew him
5

the day,* and this, with a single eye to legal reform
and improvement, 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 improvements in the law, advocated in the early
}'ears of the Law Journal, are now to be foiuid on the
Statute book. With the same unselfish feeling, Judge
(}owan was ever ready to aid those who entered the
field of lecral literature.

He placed all the material he had been collecting,

with a view to a work on Municipal Law, at the

disposal of the late Chief Justice Harrison, when he

found that that gentleman had undertaken such a

work, and read and revised upon ever}- page of the

Common Law Procedure Act and Municipal Manual,

as Mr. Harrison, in his preface and otlierwise, most

gracefull)' acknowledged. And so with AL-. 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 expressetl

* At Hi-st it was publisheil by the Hon. James I'littou, Q.C., aii'l
coiulucteilby liiin Jiud Hewitt Bernanl Q.C., at Ikrrie for several
■sears. It was afterwards carried on by lUchard Bernard, Harristtr
at- Law, and subsequently by William 1). Ardagli, (now a judge in
Manitoba), luid by the late Chief Justice R. A. Hariison, to witlim
Sk rtliorttime before he war- raised to the Bench. It is now, and t' n
some years past has been, under the able management of Hemy
i >'Brien, l>arrister-at-Law.

it'gal reform
or obtaining
s not for the
cfits of such
ioned, — that
i in the early
found on the
^cling, Judge
entered the

_Mi collecting,
Law, at the
^on, when he
akcn such a
■ page of the
ipal Manual,
lerwise, most
Mr. O'Brien,
Court Law ,
his excellen;
le same desire
len expressed

'tiUoii, Q.C, iui'i
larrio for sevtMi^l
eiiianl, liarristi i
(now a jiulgo ii
ai'iisoii, to with ill
t is )iow, and t' <v
foment of Hemy

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 Gowan was a per-
sistent and rapid worker, and very methodical, and
followed 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 occasion, 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 likewise, as did the county
officials.

These several addresses— each in itself a fine speci-
men of the illuminating art— were enclo.sed in beauti-
tully enriched frames, and were all three presented to
'he Judge on the same occasion, the very day before
he left home, for a visit to England. The public
lournals fully reported the proceedings, and we can
:;ive but a condensed account from the several reports.

The presentations were made in the large Council
Chamber, at Barrie, in the afternoon of the 15th day
')f October, 1883. " "

A large assembly of ladies and

entlemcn were present to witness the

besides those who took part in it.
spectacle of a grou[) of gowned barrist

ceremon

e sombre

ers would, at any

other time, have compelled the idea of tiresome, intri-
cate 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
farewell on the part of the barristers, solicitors, offi-
cials, and Division Court officers of the county, to His
Honor Judge Gowan, on his retirement from judicial
life and temporary departure 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 civili-
zation in this part of Canada were only inceptive. It
was more than that, it was the crystalized recognition
of scholarly distinction in thejudiciary of the Dominion
of Canada. No one acquainted with the history of
the subject of these words can accuse us of ful-
someness, in saying that the natural and acquired
ability of Judge Gowan has left an indelible impression
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, accom-
panied 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.*

Examiner, of 18th October, 1S83.

^^7

Hi -I Honor James R. Cowan, ifc, cfc.

We, tlio in-actisiiig IJarristers aii.l Solicitors of the County of
Simcoe, cannot allow the occasion of your letirement from tlie judicial
l.iMich to pass without testiflying, however inadequntely, the hi-d,
».steeni ni wiiich we hold you, and our regret that tlie relations '^o
long existnig between us, are aljout to he severed.

The l)enefits derived by this county during the last forty-one years
fr-.m yonr liigii attainments and administrative a1)ility, have been
incalculable. Courts have been organized ; the legal business has been
c.mducted witli precision and decorum ; and tlie judgments you have
given in the vast number of cases that have come l^efore you, have been
hiininous, .lignilied and impartial. Nor can we forget that some of
I lie most important enactments on our statute book owe their develop-
ment and moulding into shape to the sagacious advise 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
tor your .system of organization, and the example of your courts'
iMve spread l)eyond our borders, an.l have had marked influence iii
rvevy county of the Province ; but space will not permit us to enlarge
on this, otlierwise we should be led into a general reference to the
alhurs of the Province, and possibly of the wiiole Dominion, so great
lias been the influence of your abilities and industry in various
directions during your term of ottice.

To us you liave ever l)eeii courteous, considerate and kind ; to your
discouragement of all that is unworthy, by your inspiring sense of
honour we attribute the high standing we have attained, and we feel
assured that tlic tradition of your caree.' will be long remembered, not
only by the generation now living, but by those who may come after us.
We accordingly conteini)late, witii aflectionate concern, the with-
drawal 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 God, your return tons may be the commencement of
a new era in your life, and you may be enabled to pursue it with
'■ontinued u.sciuliu'ss,

That you may be sometimes reminded of the cordial rehitions that
existed for so many years between yourself and the Bar of the County

of Sinicoe, 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, 188.S. Secretary.

The address was handed b}- Mi-. Lount to Judge
Gowan, who read the following reply :

J/i: Loiiiif and Gentlemen,

I thank you with all my heart for the very kind address witli
which you have honoured me. I wish I could feel that I fully
deserved all you say. Ever sensible of my many deficiencies, I tried
to make up for them by a la1)orious 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
muf'!., hiid 1 been without the stinndus which a learned and energetic
Bar always gives to the Bench. i\nd now in retiring from the ac-
customed scene of my labours, and severing the relations that have
comiected us for so many years, the sadness, to me, is soothed by
the regrets you express ; and the approving testimony you bear to
my hundde 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, municipal and educational systems, the increased
facilities for travelling, and the marvellous progress and prosperity
of the country at large, there is opened to me a wide and pleasant
field for observation, upon which I should like to dwell, but it is not
possible to do so at present. This I m!»y say however : in no
particular is progress so marked as in the growth of the Bar here
and elsewhere, in numl)ers, in influence and trained knowledge.

The rapid flight of time is l»rought before me, when I remember
that of the present large Bar several of the seniois were school boyn
wlien I was appointed to the judicial office, and several others were
lK)nv since my first court was lield in the district. It has been my

ite, wliich we
r the feelings

Secretary.
to Judge

address vvitli
that I fully
iiicies, T tried
itude in fulfil-
[t is the only
1 have done
and energetic
From the ac-
ns that have
soothed by
you bear to
jrvant could

[ first set foot
;e 1843, been
the increased
id prosperity
and pleasant
Imt it is not
i-ever : in no
he Bar here
jwledge.
I remember
1 school boyfi
others were
las l)een my

great good fortune to be surrounded and aided in the discliarge (if
my oHicial duties l)y those whom I have known from their ciiildhood,
and never, in a single instance, has anything disturl)ed the pleasant
ichitions between the ]?eucli and the Har in this judicial district.
Vim can uiKlerstand, then, how wanuly I reciprocate all you can
jpossibly feel towards me. I well know that the industry and ability
of the liar has smoothed many a difficulty for me in the way <)f
judicial investigations, and it is exceedingly gratifying to me to
recall the high professional tone which always prevailed, and ccmld
always l>e safely confided in, being grounded on convictions of duty,
and a nice sense of honour— securing a lil)erality in practice beneficial
to clients, an<l siiecding the disposal of matters re dly in dispute
I)etween litigants. I am ]u-oud to know that this Har is conspicuous
ill the Province for the ability of its members, the number wlio have
attained high 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 whicii have secured for our
honourable profession its high standing amongst an educated and
most intelligent people very tenacious of their rights— such is the
simple fact, and if indeed I have in any degree impressed ui)on the
profession my views of their honourable and responsilde duties, I feel
tiuinkfid indeed. T may repeat wluit I said on an occassion similar
to the present, that I felt it was right that I should endeavcmr to
discharge every duty, faithfully and feailessly, to create confidence
in and to secure to suitors the full benefit of the several courts over
which 1 presided, and to impress the public with the feeling of
respect never withheld from a court of justice, however limited its
sphere, where ordei- and decorum obtain ; that from the first I felt
that this could best 1)e done with the aid of an educated and honour-
able Bar, who could 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 profession
in this county I have always received the greatest aid in the dis-
charge of my judicial duties, and it is to your cordial co-operation
and support I am indebted for a measure of success that, unassisted
and unsupported, I could scarcely have obtained. In gladly accord-
ing to the Bar every privilege they could fairly claim, in fostering

:i n'j^lit fueling in tliuii- iiitfifoiirso witli eiiuh other, in publicly coni-
liating lirejndiccs ng.iinst tliein, I have evei' felt I was strictly within
the line of duty ; hut I tliiiik you will acquit me of the weakness,
whicii fails to look for the inherent merits of a ease in admiration
lor the skill and zeal of counsel.

The kind consideration you have always shown me I have every
conlhlence you will extend to n)y successors. It is a considation to
me to know t1iat my learned lu'other .Judge Ardagh takes my place,
educated in tlie country, and witli an experience of some ten years
on the liinch, the |)rofession and the public will not lose by the
change, ^■ou all know Mr. Boys, who will be the junioi' judge, and
his very honourable position at tlie Bar. With two such worthy men
on the Hcnch of tlds Judicial district, both in the prime of life— the
jirofession and the pul)lic, I repeat, will gain by my retirement.

'I'hough giving up active duty, I shall still consider myself in a
sense, with harness on my back, being empowered still to take
occasional duty, and I nuiy mention that the Government of
Ontario continues me in the position of Chairman of the Board of
•Fudges.*

Let mv say one word as to my retirement : As you are aware,
tins is the largest judicial district in the J'rovince, having a popula-
tion not very long since, equal to that of Manitoba and B.ritisli
Columbia togetlicr. The duties are very onerous, requiring the scr-
\ ices of at least two active men to perform properly with the promp-
titude demanded in the varicms duties made incident to the judge's
office ; and I felt the time had come when, in justice to the public
iiud my brother judges, I should make way for a younger man. My
age and uncertain iiealth demanded moie repose than I could properly
ask or take, and so I sought retirement, and after forty-one yeai's of
hard work, it cannot be said that my appeal to be relieved was in
iuiy sense premature, fndecd, I have the satisfaction of knowing

♦.Seeing that his retention of the position of Chairman of " The
Board of Judges" prevented the promotion of the Senior Judge to
that post, Senator Gowan some three years after resigned to make
way for his friend Mr. Justice J(mes the present Chairman.

publicly coiii-
itiictly within
the weakness,
in iidniiration

1 havo every
:(jns()liition to
Les my ])lace,
me ten yeai's
i lose by the
ov judge, and
h worthy men
le of life— the
irenient.

r myself in a
still to take
vcrnment of
the Board of

u are aware,
ng a popula-

and British
ring the ser-
h the promp-
<) tlie judge's
to the public
3r man. My
)uld properly
-one years of
ieved was in

of knowing

lan of " The
)r Judge to
led to make
lan.

that His Kxoellenoy appreciates, as he is pleased to communicate,
my "faitiiftil, efficient and impartial conduct during my long term
"f judicial service." You are good enough to refer to otiier work I
hue been engaged in— I did try to be of some use outside my official
engagements, wlien employed in matters of public interest and con-
cern. It was, I felt, only my duty to render such willing aid as was
rcijuired of me, by those who were anxious to promote all that was
,l.m:m1 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
tint I am not without a residuum of energy, ami I could not well
live an idle life.

I would fain say more, and with all the warmth that wonls can
eoavey, but you will know how much I am occupied, as I leave for
Kiigland to-morrow, au'l how disturbing are necessary preparations,
an I will excuse my imperfect expression of thanks. I should indeed be
in.-ensatc if I were not touched deeply by your kindness. 1 may well
feel honoured by this last mark of your regard, by the more than kind
words you have addressed to me. J am deeply grateful— but not
cimtent with words, you have thought it right to order a piece of
plate to l)e presented to me ; I can but accept your gift at such time as
y.iu think proper to give it. I did not need it to deepen the impres-
sion your generous testimony has made upon me. Whatever it may
lie, I shall prize it as my most valued possession, more to me than
any other honour that couhl be conferred, for you use it to set the
Mcal, as it were, to what you in your spontaneous kindness have said.
It is not the only token I ha\e had from tlie professioii of their
1 egard, and I should feel humbled to the very duft 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.

r would thank you, once again, for the unbroken attention, res-
pect and kindueas of years, and my earnest prayer is that God may
bestow upon you, and those dear to you. His richest blessings here,
and an eternal life beyond.

I bid you an affectionate farewell.
6

After a brief interval the Hi<,rh Sheriff, at the hcatl
of the county officials, approached to where His
Honor was standing, surrounded by the Bar, and read
the following address :

//«■■>■ HoHO)- James /,'. (.'ointii, rlc, rfr.

We, tho undersigned officials of tlie County of Sinicoe, having
lieard, witli sincere regret, tliat your homn- has resigned your judi"
oial office, a position that you have so ably and honourably Hlled, for
upwards of forty-one years, to the entire satisfaction of all classes of
the coninuinity, cannot allow your Honor to witlidraw from your
otKcial position, without an expression of unfeigned sorrow, at the
severance from us of a gentleman, with whom we have been so long
officially connected, and whose wise counsels were always Ijeneticial
to us in the discharge of our multifarious and often perplexing
duties.

We cannot but remember the early days, when your official duties
re(iuired you to travel what was then a wilderness, but what has
since heen converted into peaceful homesteads, peopled by a law-
lovmg and law-abiding connnunity. and we are not saying too much
when we say, that the law and order for which this county is noted
IS, in a gi'eat measure, attributable to your Honor's wise and firm,
but gentle administration of justice.

We trust that yourself and ^Slrs. (Jowan may have a {)leasant tour,
and return before long to the county in which so many of your l)e.st
years have been passed.

\^'e feel satisfied, notwithstanding your retirement from the Bench,
that your matured knowledge will not be lost to the country, but
that, in some shape, the community will yet receive the benefit of
the vast amount of experience that you have acquired during so long
and active a public life.

T. D. McCoNKKY, Shcriif; J. R. Cotter, C'lerk of (he Pmrv.
and Growth Attorney; J. McL. Stevenson, Clerk of County
Court; Samuel Lount, Regutrar; fl. R. A. Boys, Cou)>t>j

Trea.

surer.

at the head
where U is
ir, and read

limcoe, liaviiiu
ned your jndi-
ably filled, for
if all cliisses of
aw from your
sorrow, at tlie
e been so long
'ays beneficial
en perplexing

• official duties
but what lias
led b}' a law-
ying too much
lunty is noted
t'ise and Hrni,

pleasant tour,
y of your be.st

om the Bench,

country, but

the benefit of

luring so long

of the Plan,
lerk of Coniiiy
Boys, CoiO'tij

To this address the Jud^^e's reply was as follows :

Mr. Sherifand O'eutlaneii, —W'hili^ it is a source of deep and sin-
leie gratification to nie to receive from you an address conveying
Miili kindly expressions of appreciation and regard, I cannot conceal
troni you that such an occasion as this produces M'ithin me feelincs
ot' sincere regret, for I know that our association together, as public
servants, now practically ceases— an association that has been fraught
with pleasant recollections of the work in which we were engaged.
If I was able to l)e of use to you in any way, it is so long since, and
the occasions were so infreifuent, that I had forgotten it ; and now,
no one familiar with the efficient manner in which your duties are
performed, could suppose that you need aid or suggestions from any
<iiic. I am happy to acknowledge your courteous and unremitting
kindness to me personally, and the great satisfaction 1 have had in my
necessary official intercourse with you for many year's. 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.
Jt is a benefit to the public. That satisfaction I have shared without
a single drawback, and am bold to say nowhere have the public been
more faithfully and zealously served than in this extensive and popu-
lous jurisdiction. The very best officers are liable to have their acts
misunderstood and their services under-rated, and they are some-
times called upon to stand upon their defence. I cannot recollect,
however, a single instance in which a well-grounded complaint
against any one of you came under my notice, and I am glad to bear
testimony to the faithful, careful and discreet way in which your
duties were ever performed.

I can say, without flattery, that our officials stand in knowledge,
character and ability second to none in the Province. If (Jod 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 my .dd harness, and I am sure I shoidd 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

brouglit to a fair state of completentss through tlie very eilicient lielp
that has been accorded to me.

I need not alhule, in detail, to tlie many kind things you liave
said of me in your address. 'Sou have given me sometliing ]>y whicli
to remember yf>u in the. days to eome, wlien I shall not meet you in
<laily convert ; but partings are sad, and I do not feel e(|ual to more
extended renuvrks.

1 thank you for myself and my wife, for your kin.l wish in lefer-
<;nee to our journey. I will (mly add that erch of you poPse.sses my
warm reganl, and that I part from you, I hope only for a short time,
wilh earnest wishes for your well beuig, in both your official and
I)rivate lives. I bid you a warm farewell.

Mr. Adam Dudgeon, Mayor of Collinowood, and
Clerk of the Fourth Divi.sioii Court, then advanced to
the table followed by a large number of the officers
present, and read the following address, to Hi.s Honor:

We, the officers of tiie Divi.sion Courts of the County of Simcoe,
feel that, after so many years of ofKcial and persoiuil intercourse
witii you, it would be irnpo.ssible for us to ])ermit the occasion of
your retireme)it frou. active service to pass without giving some
formal expression to our sentiments. We regret very deeply that
you have foun.i it necessary to resign the position of Senior Judge of
the County, which you have so worthily and acceptably tilled for so
long a period. We desire to exi)ress our gratitude to you for the
many acts of kindness and attention which we have received at your
hands in the direction of our official duties. We have 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
oHicers are not always of the nuist friendly description and it gives
us unfeigned satisfaction to be able to bear our unanimous testimony
to tlie unvarying kindness and courteous consideration with whicli
you have at all times treated the Division Court officials of the
■county. We are Hrmly of opinion that a great part of the success

y cilicient lielp

iiigs yon liave

;liiiig by wliicli

f)t iiioct you ill

'.'(|ii;il to more

wisli ill refer-
1 popsussea my
ra sliort time,
in- official and

:\vood, and
dvanced to
the officers
iis Honor:

ty of Simcoe,
il intercourse
3 occasion of

giving some
' deeply that
iiiior Judge of
y filled for so
I you for the
jeived at you^
never sought
ilways found
) perforin our

both officers
; subordinate

and it gives
JUS testimony

with which
iicials of the

the success

which has attended the administration of justice in tiie " I'eoplo ,-v
Court" of this county, is owing to your jealous care and supervision,
and to the signal al)ility with which you have coiiducte<l their
ntTuirs. As a very slight token of our esteem and regard, we
cordially beg your acceptance of tiie aocompaiiying wmall gift ( i
liandsome gold-headed cane on which was eiigrave<l His Honor's
name, etc.), and it is our earnest hope that your future life may lie
fully laden with all iiossilile happiness and comfort.

lUiiniK, Oct. 18, l,ss;{.

Adam DuDtiEos.

H. \VlI,I.IAM.S.

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
appointed 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 appoint-
ments 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

tlianking them for the y[o(xl wishes expressed in the
address just read, and the accompanying beautiful
present.*

The piece of plate referred to in the address from
the JJar, Mr. Lount explained, could not be procured
in time. It was subsequently obtained in England I
from " The Goldsmith and Silversmith ManufacturinLi
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 decora-
ted with shields, enriched with the maple leaf and bear-
ing the Arms of Canada and of the Province of
Ontario, as well as a design from the Arms of the
LawSociety of Ontario, and the recipient's own Arms^
spring three columns supporting a canopy under which
stands a majestic figure of Justice. I'rom the centre
of the canopy spring three richly wrought branches
and a centre stem, each supporting glass di.shes for
fruit and flowers. On one of the shields is the i iscrip-
tion : " Presented by the Bar of the Judicial District of
Simcoe, to His Honor Judge Gowan, on the occasion

"" ExamiiKr, ]Hth Oct, ]HS:i.

+ 'i'lie Bar were fortunate enough to .secure the vahiable aid of
.rallies Horo, Esquire, of Drinagh, Dulwich, Kiighuul, himself :i
retired Judge of tlie Indian Bencii, in carrying out tlicir intention in
respect to the testimonial, and that gentleman most kindly in their
l)elialf, arranged with tin; manufacturers, as to the design an<l
•execution.

ssscd in tlu'

of his retirement from the Bench, as a maik of their
appreciation of lon<j and valuable public services and
as a token of their personal esteem and regard.
Harrie, i6th October, 1883."*

The cane presented by the Division Court officers
was unique, of its kind the finest that could be pro-
cured in the countr)-, and the solid trokl head bore the
following inscription: •'Presented to His Honor Jud^^e
Gowan, on his rctirin-j from the ikMich by the Division
(■(Hu-t Officers, County of Simcoe."

After the ceremony had closed, the Judge received
the warm greetin.^;- of his friends, and bade good-bye
lo those 2Jresent.

The whole scene was touching an' aerc.^ting; it
was the severing of a connection of over forty years,
with the spontaneous testimony, of those best capa-
ble of forming an opinion, to a well-spent life—
to the employment, continuous and preserving, of
rare abilities, in the faitlh discharge of duty— to
abundant and successful effort to promote the public
good.f

'* Canidiitn (latftti-, Loiiaun, .Jiumary 17, 1884.

tin referring to Judge (Juwaiis career i.i Canada a pro.niuent
Du.l.n Journal, Th, Irish Tinu-s^ tl.us ....ncludes a leading article :
* \\ e recogni/e in tlie life-work and l.rilliant success of our brother
Irishman anotlier proof that in the colonial field Irish success often
eclipses that of men of eve.-y otiic nationality and earns for our

licaj)lc a higher regard in the world. Judge (
literary skill, added to his legal .imdities, h

owan"s scholarship ami

the

most accomplisiied jurists of Cuiada throu^diont

ive rendered him one of

my years.

" 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 facul-
ties were not alone appreciated by the Bar, the whole
Country understood and valued his great industry and
ability, another instance of the vigour and intelligence
of the Celtic race. Like Lord Brougham, with a
wealth of legal lore he possessed also a highly culti-
vated 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 distinguished
Judge."*

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
moreover Judge Gowan had won the respect and
attachment of those with whom he had been in con-
tact for many years.

His ambition was not to shine, but to be useful in
the position he filled and he ever governed himself
under a conscientious sense of duty and right. With
an eminently judicial frame of mind, impartial, dis-
criminating and clear, he was prompt and firm.
Whatever the advocate might think of the result he
never felt that he had been treated unfairly by the

• Collingtvood Enterprise, 25th Oct., 1883.

Judge, or that arguments submitted had failed to
receive full consideration at his hands; even the losing
party left the court, if not convinced by his reasoning,
satisfied .. least that he had had a fai; 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 have looked somewhat leniently on first of-
fences of a light kind, such as assaults growing out of
sudden affrays, only too common in the countr)- till of
late ; on the other hand, he meted out the most severe
punishment in any case where a deadly weapon was
used, or where treacherous or brutal conduct was in-
volved in the act. His sympathy with the weakness
of human nature was intense, as was his abhorrence
of all that was vile or unmanly. No liberties were
taken witli 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 respect their just rights, or vindicate its
members individually, and as a class, against impertin-
ence or unjust aspersion.

The Judge left for England the day after the
presentation of these addresses. The first meeting of
Simcoe Municipal Council took place at Barrie "the
following month. Th

'House of Representatives.

»»

composed of over fifty Reeves and Deputy-I
elected by an annual vote of the

veeves.

registered votei-s in

the several municipalities, in Council, unanimously
expressed their regret at Judge Gowan's retirement.

iddetc

rmined 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 determined that his likeness should be
procured* and 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 Gowan usually sat.
Not long after the address, in album form bound in
higli 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 off home. This address was
as follows :

To Ilia Honor Jamfi Robert Oowan, etc., etc.

The Wiu'den and members of the County Council of the County
of Sinicoe feel that they cannot How the event ,i your resignation
of the position of Judge of the County Court of tiie County of Simcoe
to pass without 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

* The Deputation appointed to pronounce upon the fidelity of the
likeness consisted of liis Worship the Warden, Colonel Banting,
County Clerk; O. J. Plielps, Esq., M.]M\, G. R McKay, E.scp,
M.P.r.. Charles Drnry, Ksci., M.F.P.. Henry H. Hammell, Kk.}.,
M.r.r., William Lount, Esq., Q.C. A suilieicnt guarantee that the
wishes of the Council have been faithfully carried out.

taken by y.m in the pul.lio affairs of tlic cninty, and more particn-
laily of the assistance given ill l)ringing the Municipal Laws of the
Province to tiieir present state of great eHiciency, an.l also in tlie
consoli.lation 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 wdliug to give his best assistance at all times.

Wlien a man has given the best years of his life to the service of
his country-an.l particularly in such an arduous position as yon
occupied for many years, in the earlier days, after your appointment
as Judge, when the country mms s^ isely settled, and roads often
next to impassable, and even i • union comforts of life not attain-
able-the least those who en ■ • fruits of your labour can do, is in
some way to recognize those services.

Tiie County Council, as a very small recognition of your services
to that body, have determined to place a well-executed and framed
likeness of ycmr Honor in the Council Chamber over the scat you
have so long honourably and etKciently tilled ; and they trust you will
ap])rove of this simple triljute 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 yourself and Mrs.
(Jowan 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 s])ared in
< iod'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.
i!y and on behalf of County Council of the County of Simooe.
EoiiKRT T. Bantino, g. M. Evans,

Cuini/,/ Chd: Warden.

IVmncil Chamber, Barrie, IG Xov., LS83.

^ The Jud<re's reply was subsequently laid before the
Council, and appears in the nn'nutes of the following
Session. It is as follows :

Tu the. }Vor.-ihi/>fiil Wanlt,

the Cotiuti/ of Si/n

and ]\r<'mhfrs of the County Council of

I'oe ,

Oentlkmkn,— Your address lias followed me to the Old Land, fii

<iway from the dear home where

many happy years of my life

were spent iimong.st you all. Such uiiexpoctccl kindness touches me
deeply, amino language can convey my sincere a])prcciation of your
approving testimony.

The governing bodj; in the largest and most prosperous county in
Ontario, and I might add in the Doniinion, representing not merely
its municipal powers, but its intelligence, its agricultural, com-
mercial, manufacturing and professional interests, I may well feel
honoured in having received such an address from gentlemen whose
position commands respci for their testimony ; and, althougli there
may be an element of personal kindness in your action, I trust I may
regard it as a deliberate expression of opinion tliat I have not been
wanting in an earnest endeavour to discharge my duty faithfully,
that I have not been unmindful tliat it became mo to assist, according
to my opportunities, in all that was calculated to promote the solid
good of those amongst whom my lot was cast.

Icert'iinly have from the first been somewhat familiar with our
District Councils, and although I recognize imperfection in tlie new
scheme, I never faltered in the conviction that the advantages of safe
self-government would ultimately be almndantly mainfest. I was
not mistsiken. We can now fairly claim that mc possess the most
perfect system of nuinicipal government enjoyed by any country,
and have proved that an intelligent and educated people may be
.safely entrusted witli tlie manageinent of important matters demand-
ing local administrati(m— matters that would but retard and enibarass
the proee. lings oi' the higher legislative bodies, if indeed they were
there able to secure the attentions they desei'ved.

Tlie large powers you possess could, however, as I think we feel,
only be safely entrusted to lit and capalde agents, and you will agree
with me that our excellent school system has played an important
part iu producing 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 puldic men, wlio from time to time sliaped legislation,
had not themselves earnestly desired to make our municipal law
wliat it is: or if the Co

r,y L<

re:

^ence nccess
ponsible du

:cils lacked the discretion and intcl-
iry for the due performance of their important and

tics.

I have .Iways been provul of tlie high position of your bcly
umongHt the Councils of the Province, and not one of them has f„,
ms heel more conspicuous evidence of the educating value of such
bodies m htting n.en for the higher duties of representatives of the
people ni the Legislature.

In many respects our county stands foremost, and having watchc.l
.ts progress from the primitive condition of a "new settlLent," 1
a>n hllec w. h admiration of the patient industry and intelligent
<M.ergy that have accomplished so much in a period of forty^one
years, ^oi. know that at first we ha.l barely passable roadways
through the "woods," that farming operations were conducted in a
^e^y imperfect way, that commerce and manufactures were scarcely
ni the bud, hat the few schools which existed were imperfectly
.erved and ill regulated, while the municipal system was a recent
creation, and moreover that ready submission to the law of the land
was «o^ universal. Many of you will remember the time when this
.ate of tilings prevailed, aud will know what a contrast presents
itsel 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 cnrried on intelligently by an
educated farnnng community, free public schools, with efficient
teachers under a uniform system, within easy access of all, the
laws everywhere respectcl and cheerfully obeyed, and last, though
not least, our municipal system permeating every part with Fts
healthy intluences-yes, when you look around you you cannot
help fechng that ours is a happy and honourable position, ami nmst
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 labour meets
Its appropriate reward, and where any deserving man in the com-
niumty may aspue 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 ; bui I
<lo earnestly hope that whatever divergence may exist in mattera of
political concern, all will continue to be united iu the cffoit to main-
tain and improve the prosperous and honourable position in which the
bounty of Simcoe now stands.

The particular inoile in whicli you have been pleased to recognize
my desire to be useful is very grateful to my feelings, and I thank
you sincerely for the honour you luive done me in placing my likeness
iu your Council Chamber, and in voting nie your kind address in
such beautiful form.

Mrs, Cowan cordially thanks you for incLiding her in your kind
wishes, which we both warndy reciprocate.

My earnest wish is that wisdom may direct all your deliberations
and strengthen you in every effort for the public good ; above ail I
desire that each of you individually, may possess the blessing whick
uiaketh rich and addeth no sorrow witli it.

Believe me, most faithfully yours,

i Jas, liOBERT Cowan.

Kensinrjton Home, Bournemouth,

Jhuitx, Eu(jland, Feb. :, IS84.

The Judge's likeness, extremely well executed, now
occupies the place of honour 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 topics of general interest:

* The review of recent Legislative enactments was usually a promi-
nent feature in these addresses, but other (piestions referred to were
frequently discussed and favourably noticed by the public press.
Referring to one of these addresses, The Montreal Gazette saya : "Mr.
Justice Gowan, than whom perhaps there is not an abler man upon
the Bench iu Canada, says in liis addresses to the Grand Jury, * *
Mr. Gowan's opinions are of great weight and will doubtless have
influence iu the discussion of the subject next session of Parliament."

■55

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 coun-
try, "Judge Gowan's utterances always commanded
attention."

We may now 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 recog-
nition of worth by a great University, very sparing of
the distinctions she confers* was a compliment indeed,
and must have been most gratifying to the Judge, as
it certainly was to his friends in Canada and else-,
where. A leading Old Country Paper, The Irish

"In his last acUlress," says the Canada Presbi/teriaii, "Judge
Gowan made, as he always does, a number of 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-publication, with notes
by the late Hon. Jas. Patton, Q.C., under the caption of "The
Canadian Constable's Assistant." It is really a treatise on the
numerous and important duties of Peace Officers,— a compendium of
the law on the subject.

* Up to that time the distinction had been conferred on merely
thirteen laymen, namely: "The Marquis of Lome, Sir Jnlm A.
Macdonald, The Hon. Oliver Mowat, Robert Bell, M.D., Edward J.
Chapman, Alexander F. Kemp, Peter McLaren, George Romanes,
William Tnssie, John Thorburn, Alpheus Todd, George Paxton
Young, and Sir \Yilliara Young.

Times, thus refers to the matter: "VVc arc "ratified
to find in the Toronto Mail, of the ist of May, a
report of proceedings of peculiar interest in the Con-
vocation Hall of the University of Canada, when
tiic degrees were conferred and prizes dist -ibuted to
a large number of successful students. One of the
most striking features of the occasion was the giving
of an honorary degree to Judge Gowan, a di'^tin-
guished Irishman, whose career in Canada has 1 c\ :i
most successful. The honour thus paid to Judge
Gowan 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 th^ pro-
ceedings at Convocation, published in the Toronto
Glebe:

" Vice-Principal Williamson then advanced, and
moved to have the names of three* eminent "-entlc-
men added to the list of those bearing honorary titles
conferred by this University. In doing so he moved
the following three addresses :

Mr. Vice-Chancellor,

I have the honour to present to you the name of
Judge James Robert Gowan as one on whom the
Senate desires to confer the degree of LL.D., in special

*The other gentlemen were the Rev. A. Geikie, D.D., of
Bathurst, New South Wales, and the Rev. James Chahners Burns,
M.A., of Kerklestone, Scotland.

recognition of great public services, in connection
with our judicial system, the codification of our b.ws,
and the educational and religious life of our country.
It is scarcely possible to over-estimate the value of
Judge Gowan's services, continued unwearily for nearly
half a century, particularly as regards procedure in
courts, and the revision, consolidation, and classifica-
tion of the statutes, first of Upper Canada and subse-
quently of Ontario. For his labours in this latter work-
it may be mentioned that he was presented with a
i;old 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 discharge
of which he has displayed the highest qualities of a
good citizen and of an earner'- 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."

In one of the addresses presented to Mr. Gowan on
his retirement it was said : —

"We feel satisfied, notwithstanding your retirement

from the Bench that your matured knowledge will

not be lost to the country, but that in some shape

the community will yet have the benefit of the vast

5«

amount of experience that \-ou have acquired durin<r
so long and active a pubh'c hTe." This expression
proved to be a correct forecast. Mr. Gowan left for
Europe immediately after his retirement, returnini? in
the Autumn of 1884. He was not long allowed to
remain in private life, for within three months after his
return he was recalled to the .service of his country in
another field, receiving the Queen's summons to the
Senate of Canada. The appointment was favourablx-
and generally commented upon by the Press, and the
writer has brought together selections from what was
said, and has given some of the addresses presented
showing that, as in the case of his retirement from the
Bench, the "old Judge's" appointment to the Senate
called forth abundant expression of the public estimate
of his worth.

" The Senate in Canada stands in the same relation
to the other house as the House of Lords to the Com-
mons in England," and the body possesses the inde-
pendent power and privileges of an Upper Chamber
as a constituent part of the Parliament of Canada.
The appointment of Senators is for life. The position
of a Senator is therefore properly regarded as the
most honourable distinction that can be conferred in
this Dominion.* Indeed the idea, as well as the
intention, of a second chamber would seem to be, that

*By "The Table of Precedence within tlie Dominion of Canada "
Senators take rank before tlie speaker of the Commons and before
the Puisne Judges of the Courts of Law and Equity.

such body should comprehend men of liiL;li charactcr
and position, rcprcscntini,^ the professional and other
prominent classes— men of mature jud^micrt, ani-
mated by zeal for the public interests, rather than party
attachments— men of independent means. In a word,
educated, grave, fair-minded men, imbued with a high
sense of honour and true national spirit— "of the
people and from the people," and possessing a deep
stake in the welfare of the country.

To proceed with the task the writer has undertaken.

The Ottawa correspondent of the Toronto Mail on
the 27th January, 1885, writes to that journal :—
'•Judge Gowan has been appointed to one of the
vacant Senatorships for Ontario, his well-known abil-
ity and profound knowledge of legal lore will make
Senator Gowan an acquisition to the Senate," and
this was the first public intimation of the intended
appointment. Her Majesty's writ summoning Mr.
Gowan to the Senate is dated the 29th of the same
month. The Canada Gazette of the 31st contains the
official notice of three appointments to the Senate in
the following order :— " His Honor James Robert
Gowan, of Barric • Dr. Michael Sullivan, of Kingston,
and the Honourable Theodore Robitaille, of New
Carlisle, member of the Privy Council, formerly
Governor of the Province of Quebec."

Before the issue of the royal Gazette, a number of
the leading public journals had referred favourably to
the appointment of Mr. Govvan, and some extracts

from these arc subjoined. " No one will question the
eminent Htness of His Honor Judge Gowan to be a
Senator of the Dominion, even though that body
were the most important branch of our legislative
system. His known ability as a jurist, and his inti-
mate acquamtancc with all the varied needs of this
great cou.itry, peculiarly fit him for senatorial honours,
or to hold a portfolio in some government. And
although it is many a long year since Senator Gowan
took anx- part in Canadian politics, he has, as his
friends arc well aware, kept abreast with the times
and IS really better posted on the leading political and
social issues of the day than many an M.P. or M.P.P.
He has had, too, the advantage of having been abl.'
to take a dispassionate view of all questions before the
country; and in this respect, as in some others. Senator
Gowan will compare favourably with 'Bystander' in
the view he takes of the measures agitating the country,
for Ins mental vision is not obscured by Old Country
notions or prejudices. He is gifted with a robust
intellect, and so can never become a mere party man.
He will in fact be as much an ornament of the Senate
as he has been of the Bench these forty years past We
heartily congratulate Judge Gowan on his appoint-
ment to the Senate, and hope he may be spared many
years to do the country further service in his new
sphere of usefulness." *

Examiner, Januarj' 29th, 1885.

After ^nving a sketch of the Judge's career, the
Manitoba Free Press of the 30th January, says:—

ithoi

arge

le IS credited witli beuig tlie autlior of a
amount of useful legislation before and since Cui/oder
ation ; and is known to have more than oivjc declined
removal to the upper liench. Me has dv lys h-.d
the goodwill of, and possessed innuence \\\^\\. e\-,.xy
Government, local or general, which hiis been \\ power
since his appointment. * * His ability as a jurist
and his general practical knowledge of business, and
latterly his long experience, added to a great capacity
for work, have in many instances enabled him to render
valuable service to the Governnient of the cla\-, and to
the country.

" Mis call to the Senate must be looked upon as a
recognition of merit rather than a political appoint-
ment. Judge Gowan's politics, when he was in a
position to have any,, being evidently (judging by his
appointment) Baldwinitc, or Reform. ]w(Vg^ Gowan
is said to be still full of mental vigour, and it is almost
to be regretted that his talents as a legislat. -r could
not have been called into requisition in a more con-
genial atmosphere than that of the Senate Chamber.
Judge Gowan has on many occasions during his judi-
cial career, as well as at its close, been the recipient of
flattering but well-merited indications of the \\w\\
esteem and appreciation in which he was held by the
Bar, and the people of the county in which he resided."

The Barric Gazette o{ i\\ii 25 th Januar)', in

an noun-

cing the appointment, speaks as follows :—" Of the
Judge's fitness for the position there can be but one
opinion,— that of his being thoroughly competent ,
his long service as a judge, now retired, entitles him
to consideration."

It may be remarked that these extracts are from
the Opposition press.

' It is almost unnecessary to add," said the Toronto
Mail, "that his elevation will give universal satisfaction ;
a profound and experienced lawyer, he also possesses
a wide acquaintance with all the leading issues of the
day." — "There is not a man in the Dominion better
fitted to do the duties of a Senator and to add dignity
to the second Chamber. * * His scholarly bearing,
his vast legal attainments, and the dignity and suavity
of his manner, will make Judge Gowan a real acqui-
sition in the Canadian House of Lords."— Barrio
Advance, 2Qth January.

"Every inhabitant of glorious old Simcoe, and many
in every other portion of the Dominion, will read with
pleasure that Judge Gowan has been appointed to one
of the vacant senatorships for Ontario. His well-
known ability and profound knowledge of legal lore
will make Senator Gowan an acquisition to the Senate.
Dr. Sullivan, of Kingston, has also been appointed to
the Senate." — Orillia Packet.

" The two latest appointments to the Senate were
not made from the rar ks of the professional politicians,
and that is at least something in their favour. One

:s are from

Avas a judge and the other a doctor, and so long as the
Senate must continue to be constituted on tlie nomi-
native principle the nominations should be made as
much as possible from the ranks of the professional or
mercantile classes. The country will thus be able to
secure the services of representative men. Judge
Gowan has done yeoman service on the Bench, and
his long and faithful discharge of judicial duties de-
serves some such mark of national appreciation as
that which has been conferred upon him. Dr. Sulli-
van, of Kingston, is one of the most popular Catholics
in the country, and his elevation to the Senate will
be especially acceptable to that section of the com-
munity. If the Senate is in the moribund condition
it is represented as being, it is just as well to have a
feu- doctors in at the death."— Toronto Telegram, 30th
January.

" No more popular selection could have been made
for this district. Had the office been elective, the
leading men of both political parties would have
united in choosing the Judge. He will honour the
Senate, by becoming one of its number, more than that
august body will honour him by receiving him as one
ot its members. Had Sir John A. Macdonald been
equally happy in his selection of senators, as in the
case of his first appointment from this county, the
outcry against the Senate as a refuge for broken-down
politicians would have been groundless. This most
fitting appointment is, moreover, an incentive to our

young men to be active and energetic, in the position
into which the Grcc^t Creator has put them."

After referring to Mr. Gowan's appointment to the
Bench at the early age of twenty-four, and liis long
and earnest labours, especially to make the Courts as
easy to the poor man as to the rich, the journal we
quote adds, "And now in his declining years, with his
natural powers as vigorous as ever, honours arc heaped
upon him, which are the more valuable, because they
are richly deserved. Our sincere wish is that the
venerable Judge may be spared for many years to
enjoy the rewards of his past labours and efforts to do
good." — Orillia Times, 5th Feliruary.

Immediately after the official announcement in the
Gasettc, other leading journals commented upon the
appointment. The Week, a thoroughly independent
journal, and one of the ablest and best conducted on
the continent, in its issue of the 5th February, 1885,
thus refers to the nominations: — "Judge Gowan is a
personal and political friend of Sir John Macdonald,
but he has never taken an active part in politics nor
can his appointment be fairly said to be the reward of
partizanship. By his long service in the judiciar}-, and
by his liberal and comprehensive view of law, as well
as by his character and position, he is well fitted to
represent his profession in the Senate, and to play a
useful part in moulding legislation, and especially in
the codification of tho law. The selection was as
creditable as any .selection could be in which party

ic position

lent to the
d liis long
Courts as
journal \\c
•s, with his
:irc heaped
cause the}-
; that the
r years to
Torts to do

ent in the
upon the
dependent
ducted on
lary, 1885,
owan is a
[acdonald,
Dlitics nor
reward of
ciar}-, and
A', as well
fitted to
to play a
ecially in
n was as
ich party

hnes
new

as a

were not entirely ignored. We hailed it ^,. „
departure, and began to surmise that beneficent
influence might have been exercised in a quiet way by
the Governor-General, who is ostensibly responsible,
and to whom, in an hour so critical for second Cham-
bers, the condition of the Canadian House of Lords
must be far from a pleasant spectacle." And in a later
issue of this journal, while objecting to "investing men
with legislative powers for life as rcwa-ds for party ser-
vices which were not also services to the country," adds,
"Mr. Gowan's services were services to the country."

The Canada Law Journal of the 15th February,
comments upon the nomination: "The appointment
has been accepted by parties of all shade-, of politics
as creditable to the Government of the day and an
honour deservedly bestowed on a faithful servant of
our country. * * We look upon this appoint-
ment as the establishing of a happy precedent. A
retired judge whether of the county Bench or Superior
Court, in many instances will preserve sufficient men-
tal vigour and physical strength to discharge the duties
of a legislator— especially in the less partizan atmos-
phere of the upper chamber of our Dominion Parlia-
ment. The appointment of Judge Gowan opens up a
new and useful field for men of this class in which
the ripened experience and trained abilities of some
of our ablest judicial minds may find congenial occupa-
tion, and at the same time afford an honourable and
fitting termination to many eminent careers."
9

Only one leading journal, the Toronto GMe, speaks
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 find
a gentleman unable because of infirmity to retain his
seat on the Bench, selected for the Senate." This
statement refers to Mr. Gowan, 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 soi'ght 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, fifteen years
beyond the time he might have retired under the Sta-
tute. Indeed he probably might have gone on for
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 1883 is, "Let me say one word as to my
retirement. As you are aware this is the largest judi-
cial 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
perform properly with the promptitude demanded in
the various duties made incident to the judge's office.
And I fi.'lt 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 de-
manded more repose than I could properly ask or take,
and so I sought retirement. And after forty-one years

obe, speaks

"We do

} on these

iblc to find

retain his
to." This
cr fair nor
unable be-
2nch" that
office was
lat of any
teen years
:r the Sta-
me on for
\'asablc to
to the Bar

as to my
rgest judi-
lation not
lid British
/ onerous,
^e men to
landed in
n^e's office,
^ce to the
:e way for
leaUh de-
sk or take,
-one years

of hard work it cannot be said that my appeal to be
relieved was in any sense premature. Indeed I have
the satisfaction of knowing that His Excellency appre-
ciates, as he is pleased to communicate, my faithful,
efficient and impartial conduct during my long term
of judicial service," and continuing he said, " 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 live an idle life." And that Mr. Gowan was will-
ing at an advanced age to give his services to the coun-
try for some months every year is all to his credit. It
is scarcely necessary to say anything of his mental fit-
ness for the duties of a Senator ; as expressed by lead-
ing Liberal journals in his own district, " Air. Gowan's
natural powers are as vigorous as ever, * * of his
fitness for the position there is but one ■ inion, that
of his being thoroughly competent." Ana his record
during the first session he attended, sustains the
correctness of these assertions,*

He introduced four Bills into the Senate, three of
them for amending the criminal law Of these four

* In exaiiuiiing tlio Journals of tlie Senate and Hansard for 1885,
^f& find tliat Mr. (Jowan was appointed to and served upon three
oint connniitees of Ijotli bouses— on the Consolidation of the

statutes, on tlie Library and on Printing, also on the connnittee on

Standing Orders and Private Bills, and on several special eoniniittecs.

Acting as chairman in three out of the six divorce cases that came

before Parliament in the Session of that year.

Bills three passed the Senate, the fourth was rejected
by a majority of one, but received th : support -f the
Minister of Justice and the leader of the Opposition.

We observe also, Mr. Govvan's name frequently ajf-
pearing in ihe debates, speaking not merely on the
Bills he introduced, Lut on the N.-W. Property Bil.',
The Franchise Bill, The MaritiPit. Court Bill, The
Criminal Evidence Bill, I'lic Temperance Act Amend-
ment, on questions of Or icr. Divorce practice. Divorce
cases and other matters. And that Mr. Gowan's use-
fulness was recogni/.ed in the Senate, the following
extract from one of the public journals we think indi-
cates : —

"Senator Power, an eminent lawyer from Halifax
N. S., and a member of the Opposition, concluded his
speech in support of the Bill * * with the following
reference to Senator Gowan : — I think that this Bill
and two others which we have had before us already
go to show the wisdom exhibited by the Government
in placing the hon. member from Barrie in this
Chamber. From his position, my hon. friend learns
what the defects are which the judges, who are now
on the bench, find in the criminal law, and he is able
from his own experience to recognize defects that have
existed for some time. Legislation such as he has
introduced, is just the kind of work which is calculated
to give this Senate weight and respectability through
the country ; and I think th,:.t measures of this :., -
do us a great deal more serve in public estimatio.v;

IS rejected
lort -f the
Dposition.
uently aj'-
;ly on the
perty Bil.',
Bill, The
:t Amend-
:e, Divorce
tvan's use-
following
:hink indi-

n Halifax
eluded his
: following
t this Bill
IS already
)vernment
c in this
;nd learns
) are now
le is able
that have
IS he has
calculated
y through
■ this o, -
:stimatic);

than debates, extending no matter how many weeks,
on the general question of our utility."

The Canada Educational Motithly speaks also of
the appointment as exceedingly popular, and refers to
it as 'an event of interest to all friends of education.
The new Senator can probably claim to have served
longer as a school trustee than any other man in the
Province. He was, we believe, a member of the origi-
nal Board of Grammar School Trustees at Barrie, more
than forty years ago, and he is to-day the respected
chairman of the Collegiate Institute of that town."

One quotation more may be made from the Irish
Times of February 19th, a leading paper in Mr. Gowan's
native country. "It is with much satisfaction we learn
from the journals of Canada, received by the mail
delivered yesterday, that on the 3rd of the present
month, a distinguished Irish jurist, who had before
attained the highest distinction in Canada, for many
years in a judicial capacity, and more lately as a
principal commissioner for the codifying of the laws of
the Dominion, has been raised to the dignity of the
Senate of Canada hy command of Her Majesty. The
Hon. James Robert Gowan, is a native of the County
of Wexford, and a gentleman of genius and experi-
ence. * * The universal respect in which the new
Senator is held and his conspicuous fitness for the
Council room of a great State must be a matter of
of pleasing record for all Irishmen who delight to hear
of the superior display of talent and energy by their

countrymen abroad, of the success which attends them
in the noblest walks of life, and the usefulness to society
of the career in which they have risen to eminence."

Amongst the congratulations offered to the newly
appointed Senator, there was one that seems to call
for a fuller notice, namely, the address from the
Council — the great representative body of the judicial
district in which he has resided for so many years.
And the following account is condensed from reports
by three of the public journals, representing both poli-
tical parties in the county, namely, The Gaaette, The
Examiner, and the Advance.

"The Council lost no time in congratulatiner His
Honor Judge Govvan on his elevation to the Senate.
A special committee was struck to frame an address
as soon as it became known that the appointment had
been made. It was carried by acclamation, and the
Council then adjourned till four o'clock in the afternoon
of the sam ly, the 6th February, 1885. At the hour
named the Council assembled, and shortly after the
newly appointed Senator and ex-Judge entered the
Council Chamber, and was conducted to a seat beside
the Warden ; the members and numerous visitors rising
at his entrance. The address was read by the Warden,
as follows :

* To His Honor JanvA R. Gowan, late Local Judge of the High Court

of Justice.

•We, the members of the County Council of the County of

Simcoe, have heard with extreme gratification that you have been

called to the Senate of the Dominion of Canada, and we cannot allow

inds them
to society
nence."
he newly
IS to call
from the
le judicial
ny years,
m reports
both poli-
•^ette, The

Lting His

le Senate.

ti address

ment had

, and the

afternoon

the hour

after the

tered the

:at beside

ors rising

Warden,

Hiijh Court

County of

have been

aniiot allow

the occasion to pass M-ithout extoiiding to you our sincei'o congratu-
lations on tlio high honour you have receive.]. We feel, Ijoth person-
ally and collectively, that no better selection could liave been made,
and we heartily trust that you may be spared liealth and many years
to enjoy your proud position. We ventu-e to express the opinion
that the intention of the founders of our Senate has been fully
carried out in the elevation to tiiat distinguislied assembly of so
eminent a public servant as yourself. You will bring to that body
a mind liighly cultivated and trained by a judicial experience of
more tlian forty years, and never liaving taken a prominent part in
the political warfare of the country, you will adjudicate on nuitters
brought under your notice impartially and without bias. Having
assisted in the consolidation of our laws and been instrumental in
framing many of our statutes wliich by tlieir permanence on the
Statute l)ook, testify to the thoroughness and foresiglit with which
they are framed, it may safely be predicted that in your new and
exalted sphe-e the country will gain the benefit of your matured
experience in compiling otlier enactments equally advantageous to
our Dominion at large.

'We liave no doubt that the Chamber that you are now henceforth
to occupy, will not only .eceive additional lustre from your presence,
but that your wise counsel and clear intelligence will mould their
discussions and affect the result of their deliberations in a marked
and beneficial degree.

•As representatives of this large district, M'e feel a pride in reflect-
ing that the advice and counsel you always so freely accorded us
and which we were always willing to he guided by, have been recog-
nized to be of such worth -recognized by tlie highest authorities of
the State. And we trust that the wise and prudent advice so incul-
cated may ever be handed down to future representatives as a price-
less tradition never to be forgotton.

'EoiiKRT T. Banting, 'Hubert Paton,

Coxmty Clerk. Warden.

'Council Hall, Barrie, 20th Janm r, . 1885.'"

"The Senator replied vert ally with a good deal of
feeling. Naturally, for he stood in the presence of

prominent men who had known him for years,
anion.tr.st whom he had spent the greater pari o, his
life, and fulfilled 'Jk; duties of the judicial position.
He returned sincere and hearty thanks for the honour,
said it was specially gratifying in view of its being
unanimous and because it represented even in com-
mittee, men <{ various political convictions coming
from all sections of the district. The Senator con*^
tinuing said: "Mr. Warden and Gentlemen, I would
gladly take you into my confidence if I had anything
to impart; but you know almost as much as I do in
respect to my appointment. On Monday last I had
the first 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 sought it. The
offer was entirely spontaneous, and after seeing the few
friends I could consult— seeing that a prompt answer
was necessary— I determined with some m-' L,dving to
accept, for I could only bring lo the place a Tesiduum
of former energy, and much could not be expected in
a man not very far from three- uoie years and ten.

" Why the appointment was offered to mc I can only
surmise. I had neither suffered nor bled in . .litical
warfare ; had not even drawn the politi- ' swod. If
for a short time in early life I was in \ : \\ t of a
political blaze, more than forty years in tl. quid shade
was suflScient to remove dye or freckle. I l)ad no
claim of this kind to bring me into notice. Several
members of the Government had known me for years

r years,
. L oi his
position,
honour,
ts bein;^
in CO in-
coming
tor con-
I would
mything
I do in
t I had
d take a
cted by
it. The
■ the few
answer
iving to
;siduum
;cted in
ten.
:an otily

ulitical
3rd. If

t of a
:i shade
liad no
Several
r years

and 1 have for thcni a warm personal regard and
respect, especially for Sir John MacdonahJ, with whom
I had more contact and for whom I occasionally
worked as you know. But public men arc not and
ought not to be governed by personal feelings, and so
I must surmise it was seme supposed aptitu'' for the
position that influenced my selection. You are good
enough to think the intention of the founders of the
Senate is fully carried out by my appointment. 1
hope you may be right. It is at all events most grate-
ful to me to know that the action of the Government,
so far as concerned me, meets your unqualified endor-
sation — a most duable endorsation it is, from the
freely chosen representatives of a district with a popu-
lation not very loi , ago, exceeding that of two pro-
vinces in the Donnnion, I now not far behind that
■of Manitoba and British Lulumbia together.

"You are pleased to say I may have some influence
in the Senate. The utmost I hope 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 for me — it is my only aim
and will be my reward. If I find in the body to which
I shall have the honour to belong, as much earnest, well-
directed effort as amongst you I shall be content.

"in conclusion the new Senator again thanked them
for their kind and courteous words and their prompt-
ness in endorsing his appointment by valuable and
deliberate testi nony.

■ The Hon. Senator after fjreetii

i\y

ig warmly sever
members of the Council, retired amid grc... .......x,,^.

It was a magnificent and well-deserved ovation by
men of all parties, representatives of the people, to an
eminent man who deserved well of his country— an
honour few men could boast of— few could receive
without being deeply touched.

^ It rarely falls to the lot of any one occupying a judi-
cial position for over forty years to receive from public
representatives of the people, men who knew him well,
such a flattering demonstration of respect and regard!
It may be mentioned that the address presented'' was
subsequently engrossed and illuminated in high art, in
a magnificently bound album and transmitted ' to
Ottawa, to Mr. Gowan. His acknowledgments ad-
dressed ro John Dickinson, Esquire, Barrister, one of
the reeves and chairman of the committee appointed
to prepare the address, afterwards appeared in the
journals of the Council.

"I never saw" said the Senator, "anything of the
kind better done, or in better taste, both as regards
binding and illumination. * * Sending it to me
here has enabled me to show to Senators and others
this mark of your regard. * * It was greatly and
universally admired. Need I say 'the Senator from
Barrie' was gratified in the fact. * * I have already
told your body how much I was touched by their
extreme kindness, but 1 should like them to kno -/
what I now say."

The writer has in an early part of this paper referrcti
to the constitution of the Senate of Canada, and what
in his judgment sliould be the requirements in the
selection of senators. What has been collected in the
foregoing papers furnishes abundant proof that in Mr.
Gowan's appointment these requirements were fulfilled,
and moreover that it was a popular appointment, and,
as was said in a leading journal, one opposed to the
Government that appointed Mr. Gowan : " Had the
office been elective the leading men of both political
parties would have united in choosing him. He never
took an active part in politics. His appointment was
not the reward of partizanship." *

He himself said if "The offer \vas entirely spon-
taneous. Why offered to me I can only surmise. I
had neither suffered 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 influenced my selection. You are good
enough to think the intention 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 com-
prehensive views of law, as well as by his character
and position, he is well fitted to represent his profession

* " The Week," " Law Journal," etc.

t Vidt reply to Address of County Council.

in the Senate, and to play a useful part in mouldin^T
legiJation."

"With no political influence to wield," said the
Ca7tada Law Journal, "with no political 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
hkes to see in the halls of the legislature. His recom-
mendation for the position was the record of a long
and useful public life, with abilities and experience
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 information, which
cannot but make him a most useful member of the
Upper House."

_ Unexpectedly and unsought, the position came to
him, and it is believed that Uiere is not one member
of the Senate more thoroughly independent or less
trammelled by party than he is. An incidental obser-
vation by Mr. Gowan in his speech on the Franchise
Bill, gives some indication of his views on this point
He remarked : " Men summoned to the Senate are
reasonably taken from amongst those whose views are
in the main in accord with the Government of the day,
and because of some fitness for the position. Will the
most rabid politician contend for a moment, that any
one appointed to this hon. body in acccptin- the
summons forfeits the right to think for himself in any

measure that may come up, or surrenders his con-
science 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
dispassionate view of all questions before the country.

The foregoing was printed at the close of 1885, and
brought the subject undertaken up to that date ; and
now, as intimated in his preliminary remarks, the writer
continues this memorial and his gleanings from the
public press in reference to Senator Gowan.

Some reference has been made above to Parlia-
mentary work in the session of 1885. The session of
1886 again found the Honourable Senator in his place
at Ottawa, a 1 e^;ular attendant at the House, actively
engaged in the business going on and taking part in
several debates, and the same in the sessions of 1887
1 888 and 1889.*

* An examiimtion of the Journals and Hansard of the Senate
shows that he was no idle member. During these four years he
served every session on three important committees: "The Joint
Committee on the Library of Parliament," "The Joint Committee
of botii Houses on Printing," and "The Committee on Standing
Orders and Private Bills, "--being chairman of the last mentioned
committee in 1888. He also served as chairman on four committees
upon as many contested Bills of Divorce. And he was a member,
and acted upon the important special committee on " Tiie (ireat
Mackenzie Basin." He took part, also, in several debates in tiiese
sessions, speaking at considerable length on important questions
touching legal matters.

In the session of 1888, he succeeded in carryino- a
very important scheme of reform, which deserves more
particuhir notice. Early in that session, in an exhaus-
tive and judicious speech, he drew attention to the
subject of Marriage and Divorce in Canada and the
United States, "showing emphatically that the fact
that each State of the American Federation has sole
jurisdiction over the subject, and has given the courts
full power to grant divorces, has tended to the loosen-
ing of the marriage tie, and has been most injurious in
that way to morals and the sanctity of liome life, on
which depend so much of the happiness of peoples."*
Under the power given by the B. N. A. Act, as
observed by Mr. Gemmill, the author of" Parliamentary
Divorce," the Parliament of Canada has exercised itself
since Confederation in passing numerous Acts for the
dissolution of marriage ; but the system of procedure
concerning Divorce Pills was incongruous, tedious and
unsatisfactory, and a subject of constant reproach.
The investigation of a case was divided between the
House and a connnittee, which was almost always
selected by the promoter of the bill, and the hearing
of the evidence was conducted without regard to any
settled rules of evidence. The rules of procedure were
embarrassing to the practitioner, to officers, and to all
engaged in administration. Moreover, they did not
effectually guard against imposition on the Hou::e,

From note by Dr. Bourinot, Clerk of the House of Commons.

iiuuons.

and doubts and difficulties

p. The radical defect in the

s were constantly cropping

mode of appointin

the committee to enquire into the facts was severely
commented upon, and numerous complaints found
expression within, as well as outside, the Senate
chamber. It became evident that a reform was
necessary. The work of reform was undertaken by
Senator Gowan, and earnestly pressed on the con-
sideration of the Senate. His scheme was entertained,
and the subject referred to a special committee, em-
bracing men of large parliamentary experience and
the best legal ability in the House.*

The subject was fully and carefully discussed in all
its details by the special committee, and afterwards
by a committee of the whole House. The body of
rules submitted by Senator Gowan was finally, with
some alterations, adopted by the Senate on the nth
of April, 1888: the old rules being rescinded. These
rules and orders placed procedure for divorce on as
sound and satisfactory a footing as was possible with-
out special legislation of a radical character.f

* The conuiiittee proposed l.y Senator (iowaii include,! leading
Senators from .several Provinces of the Dominion, viz. : Hon. Messrs.
Ahhott, Q.C. (leader for the (Jovernment in the Senate;, giiehec '•
Miller, Q.C, Nova Scotia ; .Vco/^ Q.C, Ontario (leader for the Oppo-
sition) ; Dickey, Q.C, New Brunswick ; Pvlleti^r, Q.C, Que),ec •
Power, Q.C, Nova Scotia; McDomtld, Britisli C,Anm\L ■ Vidal
Ontario; Haythorne, Prince Edward Island, and the .Xfover. Ontario'
Four of the gentlemen named were R.)man Citholics, hi.t only one
served.

t Oemmill\s Parliammtary Divorce, pages 2<), 75 and 70.

The above extracts sufficiently show the necessity
for the reform carried out, and its beneficial results
have been proved in the test of actual working.

Dr. Bourinot, from whom we have already quoted,
referring to the fact that "it had been frequently urged
the time had come for removing the trial of these cases
from the Legislative tribunal to the Courts of Law,"
adds: "Perhaps there may have been some reason
found for the argument in the relatively loose pro-
cedure which existed in the Senate previous to 1888 ;
but it can now be urged that the improvements, which
have taken place in that procedure under the energetic
and learned supervision of Senator Gowan, m a great
measure removes the objections that have been ad-
vanced against continuing so important a subject
under the jurisdiction of Parliam^ nt."

Early in the session of 1889, Senator Gowan "called
the attention of the House to the supposed uses and to
the actual working of the grand jury system, in con-
nection with criminal procedure in the several courts
of Canada ; also to the value and importance of the
Ontario County Crown Attorney system in the same
connection."

And asked '-if the Government had had under
consideration the propriety of submitting a measure
to Parliament for the abolition of grand juries, and
substituting therefor some general system of public
prosecutors, similar to that which exists in Scotland ;
or whether the Government had under consideration*

the desirability of extending the benefits of the County
Crown Attorney system, in connection with criminal
procedure, to all the Provinces in the Dominion."

In submitting the question he delivered a long
and :arerully considered speech,* covering the whole
ground, which elicited a full reply from the Honour-
able Mr. Abbott, leader for the Government, indicating
a general assent to Senator Gowan's views, if with an
expression of doubt as to whether public opinion was
ripe for the change, as the following extract from
Hansard shows. Hon. Mr. Abbott : " I am sure the
House has listened with great interest, and is under
deep obligations to my honourable friend, for the
study and research which he has devoted to the ques-
tion of the value of the grand jury in the administra-
tion of ju.stice. It is probable that this venerable
system is. perhaps, getting too venerable for the pre-
sent age. * * The progress of our free constitu-
tional .system, under which offences are tried by
judges entirely independent of outside influences, has
rendeied the protection which the grand jury was
calculated to give the citizen, practically unnecessary.
* * It is to be feared that at this moment public
opinion has not reached a point, where it will be safe
or judicious to attempt to do a /ay entirely with the

To give even an epitome of what was sai.l would be to extend
this papc- beyond the writer s design. Tiie speech occupied more
than twelve pages in the Senate Hansard of 18S9. It was copied at
length in the newspapers, and much commented upon.
11

grand jury system, and substitute for it any other, no
matter how well conceived it may be. I can say
however, in answer to my honourable friend's question'
that the attention of the Government has been attracted
to this question for a long time past, and they have
had It under very serious consideration. * * I hope
before long, perhaps next session, that the Government
may be able to present a measure, having the tendency
which my honourable friend's address indicates that
he desires, and which I think his address is ivell cal-
culated to hasten."

The subject was debated at the time, other Senators
speaking for and against.

Hon. Mr. Scott, the leader for the opposition, thou'-h
not favouring the move, recognized Senator Gowan's
careful study of the subject. '"I listened," said he,
" with a great deal of interest to the observations which
fell from the hon. gentleman who brought this enquiry
under the notice of the Senate, and he, no doubt, has
given It a very exhaustive study, and his experience,
from the position he held before he came to this Cham-
ber, gave him a very large opportunity of studying
the question. * * "

The Honourable Mr. Kaulback said: "I will not
occupy the time of the House in making any extensive
remarks ; but I am sure we must all be thankful to
my learned friend from Barrie, for having brought this
matter before us in the elaborate way he lias done.
He has shown us that there is great laxity in the

senators

prosecutions for the Crown before grand juries, and
miscarriage of justice in consequence."

The Honourable M. Trudell also spoke, concurring
in the importance of the question, and expressing
pleasure in hearing it was the intention of the Govern-
ment to enquire into points submitted by Senator
Gowan.

More could be said respecting Senator Cowan's
work in Parliament, but enough has been brought out
to show that, from the moment he entered the Senate
he was, in spite of his advanced age, a persistent and
useful worker. There remains only to be told a note-
worthy incident connected with his recent visit to
Ireland.

Senator Gowan left for Europe after the end of the
Parliamentary session of 1889, and in the autumn of
that year visited his native country.

The success of Irishmen abroad is always a pleasant
theme with their countrymen at home. The career of
Irishmen in Canada had attracted attention, and that
of Senator Gowan especially was favourably referred
to by the metropolitan press of Ireland.*

• The following article from a leading Dublin paper, of 22n.l
October, 1889, bears out the writer's observation in the text •-" We
have often had occasion to refer with just pride in these columns to
the notable successes of Irishmen abroad, which in no quarter of the
world have been more frequent or conspicuous than in the Dominion
«t ,_.anada. If pruofs wore required of the intellectual triumphs that
our countrymen have achieved in the great dependencies of the
British Empire named, they will be found in the able work of a dis-

During a brief stay in Dublin the Honourable
Society of King's Inns conferred upon him the dis-
tinguished honour of a call to the bar of Ireland.

The ruling body of this ancient society includes in
its working members the Judges of the High Courts,
as well as the leading Queen's Counsel and members
of the Bar ; and we believe Senator Gowan's was the

tinguished Iiislunan, Mr. Nicholas Flood Davin, who has written
the biograpliical history of the vast trans-oceanic comnumity from
the first days of its settlement. The slightest glance at its pages
proves that the genius of Irishmen has contributed vastly to the
growth of the western coniinunity, which has before it a future of
such brilliant promise. Founded upon the best models of the mother-
land, traditions legal and social liave been preserved, thougli not
slavishly. They have been adapted to the wants an<l requirements
of a new country which is ' aiding in the van of civilization, and is in
a position to teach its neighbours in jurisprudential capacity. Canada
owes a vast deal to what is acknowledge.! as the in)ported intellect
of men of Irish birth. By merit alone their advancement has been
secured, and the colonial as well as the home community acknow-
ledges that the tribute to genius is an universal one. It would be
unnecessary to repeat the names of those statesmen who have helped
to make modern history in Canada, but if they were to be set out at
length it would ))e found that Irish names predominated amongst
them. That of Lord DufFerin, sometime (Jovernor-CJencral of the
Dominion, will first occur to popular recollection ; l)ut working in
cooperation with him, and thoroughly sympathising with his enliglit-
ened anns and purposes, there have been a l)and of eminent Irishmen
whose records should not be forgotten, especially in times like these
when the bond of union between England and her colonies, and
chiefly those of the neiglibouring west, have been drawn so closely
together. To emphasize this connection is alike our policy and our
interest. The establishment of the Imperial Colonial Institute, asso-

8s
first Case in which the resident of a colon)-

receiving

ng wholly there, and away from his

his legal train!

native country for over fifty years, was thus iionoured
by an tmic/ue "act of grace," but, to use the words of a
former Governor-General of Canada speaking of the
•act, "In honouring him Ireland's bar does honour to
Itself" There could have been no more worthy

ciated witli the happy year of Her Majesty's Jubilee, is hut the
rational outcome of a common pul^lic opinion which P:ng]an(l and her
<:olonies alike share. Its objects contemplate not only a political but
a social purpose. Society in these countries desires to know more of
the personality of the heads of the governments to whom authority
IS entrusted abroad, and wishes to take every opportunity of making
acquaintance with them.

"For some time past a very interesting representative personage,
who has borne much of the heat and ))urden of the day in setting up
judicial and local governmental institutions in the great Dominion of
Canada, has l)een sojourning amongst us. 'I'lie name of the Hon.
Judge (iowan is not by any means unknown in Ireland. An I rishman
by birth, he went to Canada at a comparatively early age, and, by
the exercise of exceptional talents, very soon attained the highest
position at the Canadian liar. For nc rly forty-one years he was
actively engaged in the judicial olHce He was" the youngest man
ever entrusted with Her Majesty's commission as a Judge. In the
early days of the Canadian settlement it was well that the services
of so .listinctively able a jurist should have been available. We
have before us the records of his long term of labour, and during its
course he earne.l the respect, not only of the Canadian Bar and
public, l)ut of reflecting jurists at home, who recognised in his
decisions the maintenance of the constitutional principles of law,
applicable to the state of the country, and especially important as
setting a series of judicial precedents, which have become part anJ
parcel of the common law of Her Majesty's western territorial pov

recipient, and it must have been as gratifying to the
worthy Senator as it was to his friends in Canada and
elsewhere. It was certainly also a high compliment
to the Canadian bar, of which he is one of the oldest
members.

The Irish Times of the 6th November, thus speaks,
of the graceful act : " Yesterday, at the sitting of the

sessions. A work, well known in Cinada, written by Dr. John
George Bourinot, Clerk of the Honse of Commons of Cana.la, bears
ample testimony to the supreme i.,.': icce that Judge Gowan exercised
m modelling the municipal syslont of Canada. Naturally hia long
tried experience was appealed :;,, .-mJ it was owing to his enlightened
and prudent counsels that so nivu:,. ivaa so rapidly done to place them
upon a practical working basis. Our Canadian countrymen have
elected Judge (iowan to the highest position which it is in their
power to confer. Some years since he retired from the bench but
he was immediately appointed to the Senate, a body correspondin-.
to the House of Lords in England. Demands have since been made
upon his learned judicial discretion, and never have been disap.
pointed. No citizen of the Dominion occupies at this time a higher
or better deserved position than Judge Gowan, Senator of Canada
In the highest ranks of Englisii and Irish society he is honoured
and it would be unfortunate if his countrymen were not to recognise
his presence amongst them with a word of cordial and kindly acknow-
ledgment. Men like Judge (iowan sustain the honour of Irish intel-
lect abroad, and we cannot but feel pride in the successes of such
lives of labour and of notable talent. Judge Gowan has not obtruded
himself upon public notice, but we cannot allow a distinguished
countryman to leave us without, for our part at least, bearing testi-
mony to his most interesting and honourable career. A timely
opportunity may yet be found to pay such a compliment to him a.,
would be grateful to the sentiment alike of the people of Ireland
and of the loyal and noble colonial community to which he belongs.'"

Court of Chancery, an unusual and interesting cere-
mony took place in the special honourary call to the
Bar, by the Lord Chancellor, of a distinguished Irish-
man, who has been staying {ur an interval amongst
us, from the Canadian Dominion. The Benchers will
be commended by every member of the profession,
and the public will cordially endorse their action, for
conferring such an honour upon the Hon. Senator
Gowan. As we have said, Judge Gowan is a native
of Ireland, and ranks high amongst the numerous
body of able men who have risen to eminence in the
colonies. * * VVe have no doubt that Senator
Gowan very highly appreciates the honour done to
him in associating him in fellowship with the Bar of
his native country, and he will return to his high
duties in Canada with, we should hope, a pleasing
recollection of the hospitality shown to him, and the
gratified consciousness that his abilities and character
are known and appreciated alike by the le-al profes-
sion in Ireland and by his countrymen generally."

The Canadian Gazette of the [4th November (pub-
lished in London),* also refers to the call : " The legal

* The same issue of this journal also refers to Senator Gowan's career
in Canada as follows: "The Hon. James IJobert Gowan, LL.D., upon
whom this almost unique honour has been bestowed, can look back
upon a long and honoured career in Canada. By birth Judge (iowan
is an Irishman, owning Wexford as his native county. Early in life
he came with his father, the late Mr. H. IJ. Gowan, to Ontario, and
in 1834, when only nineteen years of age, was admitted as a student

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community of Canada has been singularly honoured
by the distinction which the Irish Lord Chancellor
has just conferred upon one of its representatives. On
Tuesday of last week, at the sitting of the Court of
Chancery in Dublin, Lord Ashbourne called to the
Bar of Ireland the Hon. Judge Gowan, Senator of
Canada, who for some time past has been sojourning
in Ireland. Addressing Mr. Gowan, the Lord Chan-

by the Law Society of Upper Canada. In the succeeding years
Canada was seething with unhappy rebellion, and in 1837-8, Lieut.
Gowan served his country in the 4th regiment of the North York
Militia. His studies, however, still progressed, and in 1839 he was
called to the Bar of Upper Canada, and four years later was appointed
judge of the district of Simcoe by the Baldwin-Lafontaine Reform
Government, a position he filled with dignity and ability until his
retirement in October, 1883. While on tlie bench Judge viowan was
able to render marked service in connection with legislative matters.
Much of tlie reform and regulation of the legal procedure of the
several courts iu Ontario is due to his zeal and knowledge, while '.e
gave mN^aluable aid in the coditication of the criminal and statute
law in the several confederated Proviuces, and in the Dominion into
which tiiey formed themselves. He also served as chairman of the
board of judges for Ontario from 18G9 to 1887 ; as one of the com-
missioners appointed to enquire into the fusion of law and equity in,
Ontario, and as a member of the IJoyal commission to investigate the
charges against the ministry in connection with the historic ' Pacific
Scandal.' In 1882 he was appointed to the High Court of Justice,
and three years later was called to the Senate, where his name has
recently l)een prominently associated with the fram.ng and intro-
duction of the present procedure of the Upper House with respect to.
applications for divorce. Ho has in truth been well described as a
'pioneer ju.lgc, an erudite lawyer, and a leading mind in tlie great
measures of law reform.'"

cellor said that, in view of his past distinguished career
he had great pleasure in calling him to the Irish Bar
as a member of i. profession, in this his native country,
which he ornamei.xd in that of his adoption. The
compliment was enhanced by the circumstance that
the 'call' was a special one. Incidents of the kind
were rare in the history of the Irish Bar. but in Canada,
as in Ireland, the event would be recognised as a tri-
bute of respect to the legal learning of the Dominion,
which thus, in the person of one of its most prominent
and respected representatives, was peculiarly acknow-
ledged."

Canadian journals also made pleasant reference to
the incident, appearing fully to "recognise it as a
marked compliment to the whole legal profession in
the country that one of their number should have
been chosen for one of the most distinguished and
seldom bestowed honours by the legal con fraternity
in Ireland."

Senator Gowan was only three years and six months
at the bar when he was appointed a judge, and con-
sequently was not entitled to be made a Queen's
Counsel. But after his retirement from the bench, it
is known, the dignity was offered to him. A new
commission appointing a number of Q. C.'s was issued
during his absence in Europe, and his name appeared
at the head of the list.

1-2

;;:!

\.i

The writer's desi<;n, mentioned in his prefatory
remarks, to bring the memorial of facts touching
Sep.ator Gowan to the present time, is now accom-
plished ; and he concludes, with a hope that friends
who read this little brochure will excuse its many
imperfections.

prefatory
touching
,v accom-
it friends
its rriany