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Lorsque le document ast trop grand pour itre reproduit en un seul clich*. il est film* d partir de i'angle sup^rieur gauche, de gauche A droits, et de haut en bas. en prenant le nombre d'imeges nicesssire. Les disgrammes suivants illuatrent la mithode. 1 2 1 3 3:x 1 2 3 4 5 6 T *; PUBLIC ADDRESSES PRESENTED TO 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. -*((<' »*!r** Cil / $ of CO on lat to \vr nil fro adc tim oris th( Dece —^^^'^'^^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 attainen 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." 8 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 lO 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 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 12 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.; J3 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 IS 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«- i6 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 yh 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 17 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 i8 , 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 W( 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 he api nd 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 '9 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^ 20 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 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." 24 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. 25 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 26 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 27 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." 28 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 f ser |)hjecl laps ] i 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 29 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 s .^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." 31 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)'!/." 32 .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 34 M 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. o 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. JD 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' 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■ 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 43 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 y whicli to remember yf>u in the. days to eome, wlien I shall not meet you in 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 n hllec w. h admiration of the patient industry and intelligent ^ ■\ \ !^, ^\ wks %>7^ ^ ^-L"^" ^\A.^ "O" .v^ <^ . >^ -4'' 88 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.'" 89 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 90 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