The Hon. James R. Sowan, 
 
 C.M.G., Q.C., LL.D., 
 
 MEMBER OF CANADIAN SENATE. 
 
 A MEMOIR 
 
 EDITED BY 
 
 A H. U. COLQUHOUN, B.A. 
 
 TORONTO : 
 1894. 
 
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PREFACE. 
 
 In the preparation of this Memoir for the press, 
 invaluable assistance has been rendered by a member 
 of the Bar, born in the district where Senator Gowan 
 lived for fifty years, and where he now resides, and 
 one who, moreover, has known him personally for over 
 thirty years. Forming also a basis for the present work 
 are a number of sketches, already published, covering 
 many incidents in the Senator's career, and numerous 
 cuttings from the public press respecting him. Of all 
 these free use has been made, particularly of a brochure 
 by a " Member of the Bar of Ontario," published in 
 1890. 
 
 These and other trustworthy sources of information 
 have furnished material for a fuller and more complete 
 narrative of the public services and career of Senator 
 Gowan than has, the Editor believes, yet appeared, and 
 it is hoped that the Memoir may satisfy the wishes of 
 friends for some more ample and complete record than 
 anyone now living could supply from his own memory. 
 
 The Memoir, however, is not without general interest 
 in connection with early progress in this Province, for 
 
few of the pioneers still livinjj have taken a more varied 
 part in the working and development of its institutions- 
 legal, municipal and educational— than Senator Gowan. 
 Though in his seventy-ninth year, the honorable gentle- 
 man retains his vigor unimpaired, and years of usefulness 
 may still be before him. 
 
 When a complete story of his life is told, with the 
 aid of a mass cf correspondence between him and the 
 public men he knew and was connected with in work — 
 correspondence which he is believed to have carefully 
 preserved— when such a work comes to be written it will 
 fill many gaps in the present brief Memoir, and throw 
 further light on a busy life of conspicuous devotion to 
 public duty and public interests. In the meantime, the 
 honorable gentleman's friends and relatives, with the 
 little volume now presented to them, can form some 
 idea of the work in which he has taken part, and the 
 services he has rendered as a public man. 
 
 A. H. U. COLQUHOUN. 
 
 Toronto, Jantiary, iSg^. 
 
BRIEF glance at the early condition of this Province 
 and its after progress, seems a fitting introduction 
 to a compendious biograpiiical notice of a public 
 
 servant, whose appointment to ofifice occurred over fifty 
 
 years ago. 
 
 Upper Canada, Ontario as it is now called, the premier 
 Province in the great Canadian confederation, fiist in 
 population, first in wealth and material progress, and con- 
 spicuous for the excellence of its legal, municipal, and 
 educational systems, had a grand origin. 
 
 At the close of the last century it was largely settled by 
 a body of energetic and patriotic men, who abandoned their 
 properties and home ties in the United States to carve 
 out for themselves new homes in the forest land of Upper 
 Canada, where the flag they and their fathers loved would 
 consecrate a new Britain, and enable them still to glory 
 in the fact that they were part and parcel of the greatest 
 Empire the world has ever known. F'rom the early part 
 of this century, its population has increased by a healthy 
 immigration, year after year, of hardy and enterprising 
 settlers, direct from the British Isles ; and possessing as it 
 did, an immense area of fertile land surrounded by inland 
 seas, affording great facilities for approach and internal 
 communication, and a glorious climate ; the country nat- 
 urally offered marked inducements to the settler, and the 
 prospects of a grand future. By an Act of the Imperial 
 Parliament in 1791, the Province was given a constitution 
 
similar to that of the mother land, enabling the Legisla- 
 ture of the country to make laws for the peace, welfare 
 and good government of the Colony, and to maintain a 
 system of government suited to their condition. In a 
 word, the inhabitants of Upper Canada were enabled to 
 solve the problem of maintaining the rights and liberties 
 of the people, and developing material progress through 
 safe democratic institutions, under and in connection with 
 the greatest of European monarchies. 
 
 Warmly attached to British institutions and laws, the 
 first Act passed in the first session of the first Parliament 
 of Upper Canada, adopted the laws of England, and de- 
 clared that thereafter in all matters of controversy relative 
 to property and civil rights, resort should be had to the 
 laws of England, as they stood in 1792, as the rule for the 
 decision of the same, and shortly afterwards the crimiiial 
 law of England was declared to be in force in the Province. 
 Upon this grand foundation has the whole structure of 
 Canadian institutions and Canadian jurisprudence been 
 moulded and built. 
 
 The Province was speedily divided into great districts; 
 courts were established, officers were appointed, as in Eng- 
 land ; and every provision suitable to a new country made 
 for the conduct of affairs and the administration of justice. 
 As early as 1797, the legal practitioners in the Province 
 were incorporated, and the " Law Society of Upper 
 Canada" established, as mentioned in the preamble to 
 their Act of Incorporation, " for the purpose of securing 
 to the Province and the profession a learned and honorable 
 body, to assist their fellow subjects as occasion may re- 
 
quire, and to support and maintain the constitution of the 
 Province." * 
 
 In a new country those in authority naturally give the 
 tone to morals, and impress their individuality on a people 
 composed largely of the working classes ; and for some 
 thirty years settlements went on and the people prospered. 
 These settlements were generally far apart, and the facili- 
 ties for education very limited ; but, as the country filled 
 up, new districts were set apart with judicial, municipal, 
 and educational organizations in each. 
 
 Until within the last fifty years, the country possessed 
 comparatively few men properly qualified for taking part 
 in public life, and many of the leading officials were men 
 sent out from the Old Country. 
 
 But, as early as 1830, there was a change; and in 1840, 
 when the two Provinces of Upper and Lower Canada were 
 united under one Legislative Government, there was no 
 lack of competent men to supply the necessary positions, 
 governmental, judicial, and ministerial, that the country 
 required. 
 
 As already mentioned, Upper Canada was divided into 
 districts, with distinct judicial establishments, and in 1842, 
 with a resident Judge in each. Many of these districts 
 were remote from the Seat of Government, not easy of 
 access, and from the nature and general powers of the 
 office and the isolated condition of the districts, the Dis- 
 trict Judge was necessarily an important character, not 
 
 - * The Society has kept well abreast of the rapid progress of the Province, 
 and has fully carried out its original aims. It is, perhaps, the best governed 
 body, of its kind, in all Her Majesty's colonies. 
 
8 
 
 merely in respect to his judicial functions, but because he 
 was looked up to as the guide and leader in every move- 
 ment for promoting the material good and well-being of 
 the community. In fact, the design was, that he should 
 be the exemplar of morals, and the guiding spirit in all 
 progressive movements. The ability, energy, and example 
 of the Judge, therefore, had much to do in giving a healthy 
 tone to public opinion and effort before the days when 
 railways, telegraphs, and the public press brought the 
 people all over Canada into closer communication ; and 
 hence, the recognized importance of having able men, ener- 
 getic and strong of character, in the position of District 
 Judges, and some fifty years ago ability and fitness were 
 necessary passports to important offices. Those who can 
 remember Upper Canada as it was fifty years ago, and 
 look on the Canada of to-day, and, indeed, everyone ac- 
 quainted with the history of the country, must be struck 
 with the marvellous progress made within the last half 
 century — progress in all that touches labor intelligently di- 
 rected, in the forest, the field, the workshop, and the ware- 
 house ; progress in all the material essentials for a healthy 
 and happy existence. To secure and enjoy the fruit of 
 their toil, men must have a settled government, wise laws 
 rightly and duly administered, and an educated and pro- 
 gressive people. In this, also, and indeed in all the factors 
 which go to build up national existence, solid progress has 
 been made. These, and all these, are the outcome of 
 individual influence and individual effort intelligently di- 
 rected ; and it is generally owing to the efforts of the few 
 in these several fields that true and permanent progress is 
 made in any community. 
 
All honor to the toiling hand, and to the self-denying 
 efiforts of the husbandman, the artifice/, the merchant, and 
 others ; but let not the workers in other fields be forgotten, 
 when we look with satisfaction on things as they are in our 
 country, and contrast them with other countries, or with the 
 primitive past. Those who assisted in any degree in the 
 framing and development of Canadian laws and institu- 
 tions deserve, at least, to be placed on the honor roll of 
 our social history. 
 
 It is one of the men, who for more than fifty years of an 
 unsullied life has been an earnest worker for his country 
 in the line he had chosen — the Honorable Senator Gowan 
 — of whom we purpose to speak, bringing together some 
 particulars from various biographical and other sources* in 
 relation to his career, and the progress to which he was an 
 individual contributor. 
 
 The Honorable James Robert Gowan was born in Ire- 
 land, the 22nd December, 1815. He was the third son of 
 Henry Hatton Gowan and Elizabeth, youngest daughter 
 of Robert Burkitt, of Cahore.f 
 
 * (I 
 
 The Canadian Legal Biography," " Canadian Biographical Dictionary 
 of Eminent Men," " Canadian Portrait Gallery," ♦« Morgan's Canadian 
 Directory," " Irishmen in Canada," "Cyclopedia of Canadian Biography," 
 "Canadian Album of Men of Canada," " Prominent Men of Canada," and 
 Illustrated and other Guides to the Senate of Canada— all of which contain 
 biographical sketches of our subject : also, " Public Addresses presented to 
 the Honorable J. R. Gowan, with gleanings from the press touching his 
 career," compiled by a member of the Bar of Ontario, 1890. 
 
 t Rol>ert Burkitt, of Cahorc, belonged to a good old Lancashire family, as 
 did his wife, Susannah Austin. Elizabeth, their daughter, was a remarkably 
 clever woman, accomplished and well read in all the best literature of the 
 
10 
 
 The lineage and name of Govvan are of the highest 
 antiquity in Irish annals, and the tribal history reaches 
 back to an early period in the Milesian records * 
 
 Originally a powerful clan in Ulidia, in the twelfth cen- 
 tury they were driven by the English into Donegal, and 
 there, and in some of the adjoining counties, the chiefs of 
 the clan settled and remained for centuries, with varied 
 fortunes, and in the reigns of Henry VIII. and Elizabeth 
 had mostly conformed to and accepted English rule. 
 
 In 1692, the Gowan family of Donegal divided into two 
 branches — the younger remaining in Donegal ; the elder, 
 
 day ; and if, as has been said, talent comes from the mother, her son was well 
 endowed. She had lost two boys in their infancy, and upon her only surviving 
 son she exercised a most beneficial influence, cultivating his literary ta^l-s, and 
 forming and directing his strong character. Mr. Gowan always spoke of his 
 mother with great veneration. She resided with him for over eleven years 
 after he became Judge, and lived to an advanced age. 
 
 * According to O'Hart, the author of " Irish Pedigrees," "The Annals of 
 the Four Masters," and earlier writers, the Gowan family is Milesian in origin, 
 of the house of Ir of the Clan-na-Rory, and trace descent from a famous warrior 
 of the Red Branch Knights of Ulster— Conall Cearnach, a near descendant of 
 Ruadhri Mor, whose name appears on the roll of Milesian monarchs. From 
 Conall Cearnach the chiefs of this clan, or family, have always maintained 
 their descent, and in the annals of Irish history from an early period, and by 
 the most reliable writers of ancient and modern times, has this claim been 
 recognized. The clan, or tribe, originally called Gobhain, afterwards became 
 known as O'Gowan, MacGowan, and Gowan, anglicized forms of an Irish 
 word meaning armorer, or smith. 
 
 About the twelfth century the tribe were driven by the English into the 
 county of Donegal, and Maurice MacGowan, of Bally Shannon, county of 
 Donegal, a son of one of the chiefs of the clan, is the earliest ancestor of whom 
 any certain detailed account remains. A record made by him in 1542 speci- 
 fically sets forth the family descent from ''Conall the Victorious," as then 
 and now held. 
 
1 1 
 
 represented by John Govvan, the great-great-grandfather 
 of the subject of this memoir, becoming the head of the 
 Leinster Gowans. But the direct recorded pedigree of the 
 Honorable James R. Gowan extends back ten generations, 
 to the latter part of the fifteenth century.* 
 
 John Gowan, of Lifford, Donegal, was one of those who 
 opposed the rule of James II. in Ireland, and the princi- 
 ples he desired to force on the Irish people, and he played 
 a part in the stirring events which led up to the change in 
 dynasty. He became an officer in the army of William 
 III., and served during the revolution, first in General 
 Schomberg's division, and afterwards under General de 
 Ginkle in his campaigns. He was present at the surrender 
 of Limerick, and was one of those despatched to Dublin 
 to announce the capitulation of that city. 
 
 * The general pedigree of the family, or tribe, is given by O'Hart in full. 
 
 The direct pedigree from Maurice MacCjOwan to James Robert Gowan, of 
 Ardraven, Barrie, in the Dominion of Canada, the last Gowan in his line of 
 descent, is as follows : — 
 
 1. Maurice MacGowan, iwn 1514; mar. Joan O'Donnell. 
 
 2. C0NA1,L, his son, born 1540; mar. Rose O'Donnell. 
 
 3. Patrick, his son, born 1566; mar. Jane Allan. 
 
 4. ruiLiP Gowan (who dropped the Mac in th : family name), his 
 
 son, I'orn 1593; mar. Rose Dillon. 
 
 5. Thomas, the Rev., his son, f>orn 1617 ; tnar. Mary St. Leger. 
 
 6. Tmomas, the common ancestor t^f the Leinster and Ulster Gowans, 
 
 his son, horn 1642 ; mar. first, Anne Coote, 
 
 7. John, his son by Anne Coote, horn 1668 ; mar. Mar'^ia Hunter. 
 
 8. John Hunter, his son, horn 1699: mar. Anne Hatton. 
 
 9. Henry Hatton, his son, horn 1736; mar. Anne Smith. 
 
 Id. Henry Hatton, his son, /w« 1778; war. Elizaheth Bukkitt. 
 ti. James Rohf.ri Go\van, the only son, was born 1815, and has no 
 issue. 
 
12 
 
 When the new dynasty was established John Gowan 
 received a grant of land in Tipperary and married there. 
 He had several sons who settled in Leinster, and acquired 
 properties in the counties of Tipperary, Wexford, and 
 Wicklow. 
 
 In the latter end of the last century, the descendants of 
 John Gowan, the Leinster Gowans, were possessed of con- 
 siderable landed estates in the counties named. Then fol- 
 lowed the times when wild and reckless living and wanton 
 extravagance prevailed amongst the landed classes in Ire- 
 land, and, as a natural consequence, the vicissitudes of 
 families were rapid and startling, and, owing to a variety 
 of causes, properties passed from the family or became 
 hopelessly encumbered. Many younger members of the 
 family left for other parts of the British Isles, and later on 
 some emigrated to the Colonies or elsewhere ; many entered 
 the army and navy, and the civil and military service in 
 India ; and at this day it is believed the family has no 
 representatives in the counties named. 
 
 Henry Hatton Gowan, the father of Senator Gowan, of 
 Barrie, and the great-grandson of John Gowan, already 
 named, had early determined on emigrating to Prince 
 Edward Island, where a relation of his had been Governor,* 
 but his son, being young, he remained in Ireland to secure 
 a proper education for the lad, and he had the advantage 
 
 * This lelalion was Colonel Charles Douglas Smith, a relative of Mr. 
 Gowan's mother, whose maiden name was Smith. Her father, Charles Smithy 
 of Kyle, was a member of a rather celebrated family — that of the gallant Sir 
 ^Villiam Sidney Smith. Cicncral Edward Smith, Captain John Spencer Smith 
 of the Guards, Gentleman Usher to Queen Charlotte ami A ide-iic- Camp io 
 
13 
 
 of a sound education there, latterly under the Rev. Dr. 
 Burnett, of Dublin, a well known educationalist of the 
 day. In his sixteenth year the young man was actually 
 placed with his maternal uncle, Dr. Robert Burkitt, to 
 study medicine. But it was destined he should follow 
 another course, and in a far off land. 
 
 In 183 1 and 1S32, the state of Ireland was most unset- 
 tled, life and property were considered insecure, everything 
 was depressed, and the condition of things held out only 
 the darkest prospects for the future of his family, so Mr. 
 Gowan finally made up his mind to sell his property and 
 emigrate to Canada with his family, which he accordingly 
 did, sailing from New Ross in the spring of 1832. 
 
 The vessel the family sailed in was dismasted i,0(X) 
 miles from port, and had to return under jury-masts to 
 Ireland for repairs ; but, after a second and protracted 
 voyage, they at length arrived at Quebec, in the autumn of 
 the same year, and at once proceeded to Upper Canada, 
 their point of destination. 
 
 Mr. Gowan came to Canada with the intention of settling 
 upon land in a good neighborhood, and, after spending 
 nearly a year in quest of a desirable location, he finally 
 purchased two adjoining farm properties in the township 
 of Albion, not far from Toronto. He at once proceeded 
 to erect better buildings and make necessary improve- 
 
 Lord George Sackville-Ciermaiu ; and Colonel Charles Douglas Smith, at one 
 time Governor of Prince Edward hlan.l. Charles Smith was the grandson 
 of Edward Smith, who wa.s brother to Captain Cornelius Smith, of Hythe, 
 county of Kent. The laller was the great-grandfather of Sir WiMiam Sidney 
 Smith and Colonel Charles Douglas Smith. 
 
t4 
 
 ments, and, having moved thereon with his family, he con- 
 tinued to reside there for some years. His son remained 
 on the farm about a year, entering with enjoyment on a 
 farm life in Canada. But the novelty soon wore off, and 
 his father determined to put him to the profession of law 
 rather than medicine, to which his parents had taken a 
 dislike.* 
 
 Mr. Gowan accordingly placed his son as a student with 
 a leading Toronto lawyer, the Honorable J. E. Small, 
 arranging with that gentleman that the young man should 
 become a member of his family while studying under him 
 for call to the Bar. In December, 1833, he was articled 
 to Mr. Small as a student, and after the necessary term's 
 notice, he subsequently appeared before the Benchers of 
 the Law Society of Upper Canada, and, upon examination 
 as to his fitness to enter on the study of the profession, 
 was entered and ranked on the books of the Law Society 
 as a student-at-law. From the first, and throughout his 
 
 * That the son himself had a decided taste for surgery and medicine is 
 beyond a doubt. While a student in Toronto he induced his friends, Dr. 
 Widmer and Dr. King, to take him to the Hospital, and he had frequent 
 opportunities of seeing important operations there. As early as 1838, he 
 became a subscriber to a medical journal, and in after years he was a regular 
 reader of the leading medical periodicals, and followed carefully the advances 
 in surgery and medicine. His first important case at the bar was the defence 
 of a capital felony, where he found his medical reading of incalculable value. 
 And the Judge has often said surgery and medicine was a necessary branch of 
 legal education. For several years after the Judge entered on his duties, in 
 some of the remote parts of his judicial district the people were thirty or forty 
 miles from any medical practitioner. And it so happened that while on circuit 
 and no doctor near, in several cases of accident and emergency, he was able to 
 render aid to the sick or injured, in more than one case to the saving of life* 
 
15 
 
 whole course as a student, Mr. Gowan was noted for dili- 
 gence and attention to his studies, and was always conspic- 
 uous with his note book at every term and every sittings 
 of the Courts. At Chambers he attracted the attention 
 of two of the Judges, the late Sir John Beverley Robinson 
 and the late Sir James Macaulay, both of whom, on many 
 occasions, showed their appreciation of him, and after Mr. 
 Gowan was appointed to the Bench the relations between 
 him and these distinguished men continued to be of a very 
 cordial character throughout their lives. 
 
 Mr. Gowan was an omnivorous reader and had marked 
 literary tastes, and in the early part of his career in Toronto 
 wrote a good deal. His attempts in a literary way were 
 in contributions to " The Palladium," then owned and con- 
 ducted by Mr. Fothergill, a prominent public man, and a 
 well-known and able writer. He subsequently had a like 
 connection with " The Patriot," owned by Robert Dalton, 
 and with "The Examiner," started by Sir Francis Hincks, 
 and later on was a contributor to English legal journals. 
 His first effort in the way of law writing was in these. 
 After a time he set to work in the preparation of an analy- 
 tical index of the whole Statute law of Upper Canada, 
 which he found very useful in Chambers, as it was the 
 only complete index up to the time of its preparation. 
 Subsequently, on a commission being appointed for the 
 revision of the Statutes, he placed his manuscript at the dis- 
 posal of Mr. John Hillyard Cameron, who was a member 
 of the commission. 
 
 During the time Mr. Gowan was a student, occurred 
 the rebellion of 1837. A portion of the people had for 
 
1 6 
 
 years alleged many and serious grievances touching the 
 administration of public affairs, and, under evil direction, 
 discontent culminated in open rebellion. The Governor, 
 momentarily expecting an attack, left the Government 
 House in Toronto, and occupied a central position in the 
 city, where a number of Loyalists congregated, and where 
 a quantity of arms was stored. There were no soldiers in 
 the Province at the time, and all Loyalists were called 
 upon to enrol themselves in defence of order and consti- 
 tutional authority, and they quickly rallied round the rep- 
 resentative of the Ouecn. Mr. Gowan was one of the first 
 to enrol his name and receive arms, aiid, with four or five 
 other law students, formed " The Governor's Body Guard ' 
 at the city hall. When the body of Loyalists marched up 
 Yonge street to attack the rebels, Mr. Gowan was ordered 
 by the Colonel in command to join the left division, led 
 by Mr. Clark Gamble, a prominent barrister, and a gallant 
 gentlerr;an,* and took part in the fight at " Gallow's Hill." 
 After the rebels were defeated, disaffection was thought 
 to prevail, and the militia were organized, and several 
 independent companies formed, amongst others, " The 
 Bank Guard," composed for the most part of bank officers, 
 law and medical students. This company .supplied a regu- 
 lar nightly guard at the old Bank of Upper Canada, a 
 strong stone building, which was prepared to resist attack, 
 for there was deposited the money, as well as the impor- 
 tant books and records of the Province. Many of the 
 young men who formed this guard, in after years occupied 
 
 * Mr. (lanible is still liviniq;. 
 
the most important positions in the coiwitiy. Senator 
 Gowan, Gait, C.J., Hagarty, C.J., and the Honorable* 
 George Allan arc the only survivors of this loyal band. 
 Mr. Gowan, shortly after th.c rebellion, received a commis- 
 sion in the Fourth North York Regiment of Militia, com- 
 manded by ('harlcs Coxwell Small, Clerk of the Crown 
 and Pleas. But in those days there was little more than 
 an enrolment, and a few days' meeting in the year, of the 
 sedentary militia ; the volunteer system, which came in at 
 that time, being perfected at a later period. The old 
 Senator is rather proud of his commission, dated in 1838, 
 and retains the musket and accoutrements he carried in 
 the fight at Montgomery's Tavern. 
 
 It was a curious coincidence that, after the rebellion, he 
 was brought in contact with many of the men implicated 
 in the outbreak, some fifty or more of them having retained 
 the Honorable Mr. Small to defend them on charges of 
 treason and kindred offences. All the cases passed first 
 under the hands of Mr. Small's student, and this brought 
 him in constant personal contact with these men ; and 
 Mr. Gowan, as lie often said in later years, was satisfied 
 that the great body of the men who attacked Toronto and 
 appeared in arms at Montgomery's, had no idea they were 
 committing an act of treason, but thought only of making 
 a strong political demonstration against the Government 
 of the day. 
 
 That many and great grievances existed, which were all 
 afterwards acknowledged and redressed, is a matter of his- 
 tory. The knowledge thus ac(}uired had a great effect in 
 modifying Mr. Gowan's political views. Tory though he 
 
was, by instinct and family traditions for centuries, he 
 t)ccame an advocate for " responsible government," and 
 what was then known as a ** Baldwin Reformer." But he 
 never had much interest in party politics ; it was not in 
 his line, and the only active part he ever took in politics 
 was in the conduct of an election contest for his friend and 
 partner, the Honorable Mr. Small, and in another election 
 contest by the Honorable Mr. Baldwin. 
 
 Mr. Gowan, having passed with eclat the necessary final 
 examinations, was called to the Bar in 1839, and at once 
 connected himself in the practice of the law with the 
 Honorable Mr. Small, having formed a partnership with 
 that gentleman on an arrangement for an equal division 
 of the profits from their practice. Mr. Small having de- 
 voted himself largely to public and political life, the general 
 conduct of the business, including much of the counsel 
 work, was cast almost entirely on Mr. Gowan, a formidable, 
 as well as a responsible, task for a young man barely 
 twenty-three years of age. He was a great worker, me- 
 thodical and industrious, and carried on the business for 
 nearly four years before his excellent constitution showed 
 unmistakeable signs of inability to stand the strain. His 
 health gave way. His intimate friend, brother mason,* 
 and medical adviser, Dr. John King, of Toronto, advised 
 him that only by an out-door life and greatly diminished 
 mental work could his life be preserved and his health 
 restored — a terrible outlook for a man of energy just 
 entering on a career. This was in the latter part of 1842 ; 
 
 *The Senator became a member of St. Andrew's, No. I, Toronto, in 
 1830, and has always been an ardent member of the order. 
 
«9 
 
 and just then it providentially happened that the very posi- 
 tion to suit him in every way, as events proved, was placed 
 at his disposal. 
 
 Some years previously an Act had been passed pro- 
 viding for the establishment of a new district — in addition 
 to the nineteen into which Upper Canada was then divided, 
 with judicial and municipal establishments in each — and on 
 the erection and completion of the necessary public build- 
 ings, it was proclaimed under the name of the " District of 
 Simcoe." Much sympathy was felt for Mr. Gowan by 
 those he had come in contact with in the practice of his pro- 
 fession, and the Honorable Robert Baldwin, then Attorney- 
 General, and a leading member of the Government of the 
 day, spontaneously offered him the post of Judge of the 
 new District of Simcoe.* 
 
 The salary was small, and the fees attached to the office 
 uncertain as to amount, but under the law as it then stood, 
 the incumbent was not debarred from counsel work at the 
 Courts in Toronto. In the most favorable view, however, 
 it meant a diminished income ; but, on the other hand, it 
 gave promise of just the kind of regular out-door work 
 which was a necessity to Mr. Gowan, and afforded scope 
 for the exercise of his abundant energy. So he accepted 
 the office— wisely, as it turned out for him, for he soon 
 
 * Mr. Dent, in his biographical work, suggests that possibly Mr. Gowan's 
 partner in business being Solicitor-General, his influence may have secured 
 the appointment for him. But such was not the case ; in fact, Mr. Small was 
 unwilling to part with Mr. Gowan. The selection of Judge for the new dis- 
 trict rested with the Honorable Mr. Baldwin, the Attorney-General, and the 
 offer of the post came to Mr. Gowan from him alone. 
 
20 
 
 recovered his health ; happily for the district, which for 
 many years derived the benefit of his valuable services. 
 
 A summary, which appeared some two years ago in a 
 biographical sketch of Mr. Gowan, has suggested to us 
 the order in which to treat more fully of the Honorable 
 gentleman's public services, we therefore give it with a 
 slight alteration to harmonize with our own method of 
 treating the subject. 
 
 SUMMARY OF APPOINTMENTS MELD HV THE HONORABLE 
 J. R. OOWAN, AND HIS PUBLIC SERVICES. 
 
 I. — Judicial, viz: — 
 
 Appointed Judge of the Judicial District and Territories of Simcoe. 
 Commission dated 17th January, 1843. 
 
 A continuous service of forty years (less six weeks) — as sole Judge over 
 three distinct tribunals, civil and criminal, and ^.r officio Judge in 
 Bankruptcy and in Insolvency, as well as over the several Division 
 Courts in his Judicial District for some twenty-five years ; and after- 
 wards as 5t7//<?r Judge, with the assistance of a Deputy Judge, and 
 Junior (or assistant) Judge, presiding over five distinct tribunals, a 
 like continuous service of nearly fifteen years. 
 
 Appointed to the High Court of Justice for Ontario, March, 1882. 
 
 Retired from the Judicial office the end of October, 1883. 
 
 In 1884, re-appointed Chairman of the Board of Judges, the ix)sition 
 l>eing tenable by a retired Judge. 
 
 II. — Various duties and services in connection with all 
 the Courts, and with procedure, under special delegation 
 from the Executive, viz : — 
 
 1852. -Appointed, with four other Judges, to frame General Rules, etc., 
 for the Division Courts. 
 
 1857. — Associated with Judges of (^)r,een"s Bencli and Common Pleas in 
 settling tariff of fees for the Profession and Officers of the 
 Courts. 
 
21 
 
 e 
 
 1858,— AppoiiUcil umler statutory provision, with Chancellor Spragg 
 and Jiisticf Hiirns, to frame Rules of Trocedure, etc., under 
 the Act assimilating the law of Prohate and Administration to 
 that of England, and "for carrying the new law into bonefi- 
 cial cfTect." 
 
 1869. —Appointed Chairman of the Hoard of five Judges, commissioned 
 to make orders touching procedure, and to settle conflicting 
 decisions of the Division Courts. 
 
 187 1,— Appointed on the Commission of Judges, Chief Justice Wilson, 
 Chairman, to enquire into the Constitution and Jurisdiction of 
 the several Courts of law and equity in Ontario, with a view 
 to " fusion of law and equity." 
 
 III. — Designated by special appointment for extraor- 
 dinary and peculiar judicial service, viz : — 
 
 1862. — Appointed Chairman and acted as Judicial Referee, with Experts, 
 in taking evidence and in determining the differences between 
 the Government of Canada and the several contractors lespect- 
 ing the erection of the Public and Parliamentary Buildings at 
 Ottawa. 
 
 1873. — Appointed and acted on the Royal Commission of three Judges 
 empowered to investigate certain charges made in Parliament 
 against Cabinet Ministers in connection with the Canadian 
 Pacific Railway contract. 
 
 IV. — Services outside the judicial duties proper of his 
 ofifice. 
 
 Largely engaged in the work of Revision and Consoli- 
 dation of the Statutes, civil and criminal, viz : — 
 
 1st. The Statutes of Upper Canada, from 32nd George III. to 22nd 
 Victoria. 
 
 2nd. The Statutes of Canada, up to 1859. 
 
 3rd. In the preparation of the several Criminal Law Acts of 1869. 
 
 4th. The Ontario Consolidation of 1877. 
 
V, — Work and ass'ftance in the preparation of technical 
 matter touching Legislative improvements — work which in 
 England is done by official draftsmen and paid experts — 
 Mr. Gowan, at the instance of the Law Officers of the 
 Crown and under different administrations, for over thirty 
 years was so engaged, as the following outline will show, 
 viz : — 
 
 Under the Honorable Robert BaldvJn : 
 
 In relation to the Municipal System : Division Courts and Magis- 
 trate's Law. 
 
 Under the Honorable Sir William Richards : 
 
 In relation to the Criminal Law : The local Courts, Civil and Crimi- 
 nal procedure, etc. 
 
 Under the Honorable John Sandfield McDonald : 
 
 In relation to procedure in the Courts, and summary Criminal 
 procedure. 
 
 Under Sir John A. Macdonald : 
 
 In relation to the Criminal Law : The Common Law Procedure for 
 tlie Superior and local Courts, in conjunction with Chief Justice 
 Draper; in the preparation of the Crown Prosecutor and C. J. 
 Criminal Court system. 
 
 The assimilation of the law of Probate and Administration to the 
 English system. 
 
 The improvement and extension of the Local Courts system, and in 
 the preparation of numerous measures in relation to the Law, 
 civil and criminal, and its administration during the whole time 
 Sir John Macdonald was Attorney-General for Canada, and 
 Minister of Justice for the Dominion. 
 
 This summary shows an extensive ground to cover, even 
 with an outline treatment, yet we hope to leave no impor- 
 tant matter untouched, and proceed with our subject in 
 the order just given. 
 
^3 
 
 Mr. Gowan's commissions as Judge of the Courts, civil 
 and criminal, are dated 17th January, 1843. He was a 
 young Judge, but as remarked by the author of the Cyclo- 
 pedia of Canadian Biography, " No tribute is needed from 
 any pen to the legal capabilities and integrity of a young 
 man whom the Honorable Robert Baldwin would select 
 at the age of twenty-five to fill a place upon the Bench. 
 
 Note. — Statement, in order of date, of the chief commissions and appoint- 
 ments held by Senator Gowan, and those in connection with his public 
 services : — 
 
 1834. — Admitted, upon examination, to the Law Society of Upper 
 Canada. 
 
 1837. — ^Joined the Loyalists at the City Hall, Toronto, on the breaking 
 out of the Rebellion. Enrolled for duty and served as a vol- 
 unteer in the fight with rebels at Gallows Hill. 
 
 1837.— Enrolled a member of '• The Bank Guard." 
 
 1838. — Commissioned as Ensign in "The Fourth North York Militia." 
 
 1839. — Appointed Lieutenant, same regiment, Lieutenant-Colonel C. C. 
 Small commanding. 
 
 1839. — Called to the degree of Barrister of Law, having passed the 
 necessary examinations. 
 
 1843.— Appointed to the Judicial Office; commission dated 17th Jan- 
 uary. • 
 
 1843. — Appointed to Board of Trustees of Barrie Grammar School. 
 
 1844.— Appointed Chairman of "The Board of Public Instruction" for 
 
 Simcoe, which position he held until 1871, when the system 
 
 was changed. 
 
 1854. — Appointed on Commission of Judges empowered to make Rules 
 for Division Courts. 
 
 1857.— Appointed, in association with Judges of Courts at Toronto, to 
 devise and settle the Fees to be taken by Officers and Practi- 
 tioners of the Courts. 
 
24 
 
 Such appointments are rare if not altogether exceptional 
 in our judicial history." 
 
 The new District of Simcoc, to which Mr. Gowan was 
 appointed the first, and it may be well said the pioneer, 
 Judge, embraced a very large territory bordering on Lakes 
 Huron and Simcoe, extending northward some 200 miles 
 to the French River, while its southern boundary was 
 
 1858. — Apjx)inted, with ChancoUor Spiagge and Justice Burns, to frame 
 Rules of Procedure under the Statutes relating to Guardian- 
 ship, Probate and Administration, and for carrying the new 
 law into beneficial eflect. 
 
 1858. — Appointed, with C. J. Sir James Macaulay, to revise and consoli- 
 date the whole lx)dy of the Statute Law of Upper Canada ; 
 and in 
 
 1859. — In association with G. \V. Wickstead, Law Clerk, and Sir J. 
 Macaulay, the Statute Law of Canada ; and later on, in 
 
 1859. — With lx)th the gentlemen named, in the work of interpolation of 
 the Acts of the Session, for proclamation in November of that 
 year. 
 
 1862. — Appointed as Judicial Referee, and acted as Chairman, in the 
 determination of the differences between the Government of 
 Canada and the contractors for the erection of the Public and 
 Parliamentary Buildings at Ottawa. 
 
 1869. — Appointed Chairman of the Board of Judges commissioned to 
 make Rules of Procedure for the Division Courts, and to settle 
 conflicting decisions. 
 
 1869. — Assisted in the drafting and preparation of the several Criminal 
 Law Bills and Consolidation, introduced in Parliament by Sir 
 John Macdonald, the Premier and Minister of Justice, which 
 passed and became law. 
 
 1871.— Appointed on the Commission of Judges, of whom C. J. Wilson 
 was Chairman, to enquire into the Constitution and Jurisdiction 
 of the several Courts of Law and Equity in Ontario, with a 
 
25 
 
 within thirty miles of Lake Ontario, and the city of 
 Toronto. It contained between twenty and tnirty settled 
 or partially settled townships, averaging ten miles square 
 each, and much unsurveyed territory, including the dis- 
 tricts of Muskoka and Parry Sound, and the islands in 
 Lakes Huron and Simcoe lying opposite the district. The 
 chief town, Barrie, the seat of the Courts and the place 
 where the public buildings were erected, is beautifully 
 
 view to fusion of Lnw and Equity ; and with Judges Gwynne 
 and Patterson, afterv,ards of the Supreme Court, drafted Bill 
 for the purpose. 
 
 1873. — Appointed one of the three Judges on the Royal Commission 
 empowered to investigate charges against Cabinet Ministers in 
 connection with the Canadian Pacific Railway contract. 
 
 1^77- — Appointed by the Government of Ontario, with other Judges, on 
 the Commission for the Consolidation of the whole Statute 
 Law of the Province. 
 
 1 88 1.— Appointed Chairman of the Board of the Barrie Collegiate Insti- 
 tute, an office he held, by annual election and appointment, 
 until his resignation in 1892. 
 
 1882.— Appointed to the High Court of Jjiotice for Ontario, his commis- 
 sion as Judge dated 14th March of that year. 
 
 1883.— Re-appointed Chairman of the Board of Judges by the Govern- 
 ment of Ontario, the position being tenable by a retired Judge. 
 
 1884.— The degree of LL.D. conferred upon him by the University of 
 Queen's, Kingston. 
 
 1885. - Summoned to the Upper House, and became a Senator oi 
 Canada. 
 
 1889. —Appointed Queen's Counsel by Government of Canada. 
 
 1890.— Admitted to King's Inn and called to the Irish Bar. 
 
 1802.— The Queen conferred upon him the dignity of C.M.G., "in 
 recognition ot his long and valuable services to the State. " 
 
26 
 
 situated on an arm of Lake Simcoe ; indeed the whole 
 region is strikingly attractive and picturesque.* 
 
 The settlements were scattered and, in some cases, far 
 apart, and connected only by forest roads, pleasant for 
 riding on horseback and suitable enough for sleighing in 
 winter, but almost impassable for carriages of any kind in 
 Spring and Autumn. But the new district was then the 
 largest settled territorial and judicial district in the Pro- 
 vince, and the large area of fertile land it contained and 
 its water facilities gave ample promise of large and rapid 
 increase.-|* 
 
 * A former Governor General, Sir John Colborne, much favored the terri- 
 tory around Lake Simcoe as a place for settlement, and induced many retired 
 officers of the army and navy to take up their land grants there. Several of the 
 townships. West Gwillimbury, Tecumseth, Innisfil, Essa, Mono, and Adjala, 
 were settled largely by emigrants direci fiom the British Isles ; and two other 
 large townships were first settled by Gaelic-speaking people from the Highlands 
 and islands of Scotland. To the north, on Lake Huron, the townships were 
 settled chiefly by French, from Lower Canada. This was especially so around 
 Penetanguishene, a very old and important naval and military station on Lake 
 Huron, which continued to be occupied by Imperial troops for several years 
 after 1842. 
 
 t This hope was amply fulfilled, for, within a generation, two new counties 
 were carved out of it, and later on two judicial districts, with judicial, muni- 
 cipal, and educational institutions in each, so rapid was the growth in popula- 
 tion. Judge Gowan, in his valedictory to the Bar in 1883, referred to this. 
 "As you are aware," said he, "this is the largest judicial district in the 
 country, its population not long since being equal to that of the Provinces of 
 Manitoba and British Columbia together," and its marvellous progress in other 
 particulars could well be enlarged upon. When Judge Gowan, in January, 
 1843, came to the district there were some four resident ministers of the 
 Church of England, now there are at least twenty-two. It certainly did not 
 contain more than ten public schools, and was without a single grammar 
 
27 
 
 The whole judicial duties and the exercise of large, 
 general powers in this extensive district, were then en- 
 trusted to a single officer, who presided over all its tri- 
 bunals, superior and inferior, civil and criminal, and had 
 certain appellate jurisdiction in matters of local admin- 
 istrators, as well as the sole power of appointment and 
 removal of officers for his Courts. And the District 
 Judge was, moreover, expected to take part in honorary- 
 duties connected with education, and to co-operate, if not 
 
 school, while now, even in its reduced area, there are over 150 good public 
 schools, with suitable school house and proper equipments for each, all pro- 
 vided with legally qualified teachers. And so with regard to grammar schools, 
 there are now four, each with handsome and suitable buildings (one a colle- 
 giate institute), with a full complement of masters — graduates ; and in this 
 connection may ,')e mentioned a number of mechanics' institutes and public 
 libraries, regulatel and partly supported by the State. 
 
 In 1843, the district was served by some thirty post offices ; now the postal 
 service includes over 230 offices, with an inspector at the chief town, assisted 
 by a full staff of subordinates. As to pul)lic roads, there was then not fifty 
 miles of really good road in all the district, and communication was difficult, 
 and often dangerous ; now, north, south, east and west, the district is netted 
 over by railways, with a regular passenger service of eight trains daily through- 
 out the year, and full and complete daily freight service. The same develop- 
 ment is to be recorded with regard to water communication. In 1843, two 
 small steamers and a few schooners were sufficient to do the carrying trade of 
 the people of the district bordering on these inland seas, while now hundreds 
 of vessels find full employment, and, on Lake Huron, two navigation com- 
 panies are fully and profitably engaged, each with a fine fleet of well appointed 
 steamers engaged in the mercantile service, at the ports of Collingwood, 
 Meaford, Penetanguishene, Midland, Parry Sound and other ports in the dis- 
 trict, to which also there is a large resort of foreign vessels, employed chiefly 
 in the lumljer trade. One further evidence of increase may be mentioned — 
 namely, in the public journals— from one single newspaper, in the early days 
 of the district, to over twenty well conducted local newspapers* 
 
28 
 
 lead, in every movement for the advancement of the moral 
 and material good of the people. 
 
 In view of all this, an educated, able man, a man of 
 force of character, as well as ability, was required, and 
 it was generally considered that a high compliment was 
 paid Mr. Gowan, when he was selected by so cautious 
 and conscientious a statesman as the Honorable Robert 
 Baldwin, to fill the position. 
 
 In accepting the judgeship offered to him by Mr. 
 Baldwin, Mr. Gowan did not surrender his business con- 
 nection with Mr. Small, but the firm was increased by an 
 additional partner, Mr. John Strathy, a Scotch lawyer, who 
 had been recently called to the Bar of Upper Canada, and 
 was subsequently married to Mr. Gowan's younger sister. 
 
 Mr. Gowan visited Toronto occasionally for counsel 
 work, doing a good deal in the way of drafting at home ; 
 but this lasted little more than two years, for an alteration 
 in the law properly prevented resident judges from prac- 
 tice of any kind.* 
 
 Immediately after his appointment Mr. Gowan came 
 to his district, and was in a short time followed by his 
 
 * The office at that day was somewhat similar to that of a Judge in the old 
 l)rincipality of Wales. 
 
 Some tw years after his appointment, as has been said, an Act was 
 passed takirig away entirely the right to practice as counsel. At that time 
 Mr. Gowan had a lucrative connection with the law firm of "Small, Gowan 
 & Strathy," Barristers, Toronto, the Honorable !• E. Small, Solicitor-General, 
 being the head. The compensation allowed did not equal one-fourth of his 
 professional income from outside practice. Other Judges in like case, with 
 no means except their judicial salaries, were driven to resignation. Mr. 
 Gowan was not so circumstanced, and continued in office. As the late Premier 
 
2') 
 
 family, his father, Mr. Henry Hatton Gowaii, having 
 received the appointment of Clerk of the Crown for the 
 district, which was held by him up to the time of his 
 decease. The new Judge at once entered on the duties of 
 the office and the necessary organization in the newly 
 constituted district. The co-operation of the local magis- 
 tracy was necessary in the matter of organization, and the 
 new Judge unfortunately found a determination to block 
 him in every way, even in the approving of the securities 
 of the High Sheriff and other officers, and in assigning 
 territorial limits for the Division Courts. A change of 
 Government had recently taken place, and to the Baldwin- 
 Lafontaine Government, then in power, the magistrates 
 almost without exception, were bitterly opposed. 
 
 Moreover, some who had expected official appointments 
 were dissappointed. At all events so it happened that 
 the young Judge instead of receiving the co-operation 
 he had a right to expect from the resident magistrates, 
 met only bitter opposition, and personal hostility, carried 
 even into social matters in some cases. After making 
 many efforts at conciliation, without effect, the Judge deter- 
 mined on submitting a drastic course of action to the 
 Government to enable the district to be properly organized, 
 at the same time placing his resignation of office in the 
 
 of Canada remarked, "It was fortunate for the country that he did, for he had 
 time to prepare laws as well as to administer them." 
 
 The prohibition of outside practice by one holding an important judicial 
 position was, no doubt, a proper provision in itself. But it was a breach of 
 faith to alter the conditions under which indiviiluiil^. accepted office, without 
 providing just compensation. 
 
^0 
 
 hands of the Government in case they were not disposed 
 to accept his suggestion. This was to supersede the whole 
 Commission of the Peace and issue* a new one, containing 
 only three or four names suggested by him, on whose aid 
 he could rely in carrying out certain statutory provisions. 
 The suggestion was accepted, the Government taking care 
 to place the responsibility of the act on the Judge. A 
 new commission was issued to the Judge himself; Colonel 
 Irving, the appointee of the Crown, for the office of Dis- 
 trict Warden ; Captain Elms Steele, R. N., the member 
 representing a portion of the district, and to Mr. George 
 Lount, Registrar of Deeds for the district. With the 
 co-operation of these gentlemen the Judge at once put the 
 business in proper shape ; had the district divided into 
 Court divisions and shortly after appointed all the officers 
 necessary for the new Courts. Within a few months, the 
 whole civil and criminal organization in the district was 
 complete and in good working order. Mr. Gowan took 
 early occasion to visit every part of his extensive jurisdic- 
 tion, and lost no opportunity, as became a pioneer Judge^ 
 in impressing upon all the necessity of aiding the authori- 
 ties in the discharge of their official duties and in inculca- 
 ting obedience to the law, as the only safeguard of life, 
 liberty and property, addressing the people on every pro- 
 per occasion, especially on his circuits at the opening of 
 each Court. He took much pains to impress on people, 
 who in some of the settlements had hitherto lived almost 
 out of reach of legal restraint, the value of settled institu- 
 tions and British law. 
 
 After some time, on the Judge's recommendation, a new 
 
3t 
 
 Commission of the Peace for the district was issued, which 
 contained the names of the magistrates who had been 
 superseded under the temporary commission, as well as a 
 considerable number of new men in whom the inhabitants 
 had dbnfidence. Upon these latter a dead set was made by 
 some of the old magistrates, and the Judge felt it became 
 him to give them every instruction as to their duties and 
 powers, and to assist them in every way to rightly perform 
 these duties ; and notwithstanding the watchful and hos- 
 tile espionage to which their every act was exposed, no 
 valid objection could be found to their action. After a 
 time the old magistrates, with two or three exceptions, 
 became reconciled and took the necessary oaths under the 
 new commission. 
 
 It can be easily understood that the magistracy in a 
 young community needed all the assistance possible, and 
 this the Judge voluntarily rendered, notwithstanding the 
 onerous duties incumbent upon him as a pioneer Judge in 
 the organization of a new district. 
 
 After the district had been fully organized, and all the 
 courts and municipal and other institutions were in good 
 working order, the magistrates of the district, sensible of 
 the Judge's efforts in the public interests, determined on a 
 souvenir of their appreciation, and presented him with a 
 valuable snuff-box of exquisite workmanship in gold, of 
 three colors, on which the following was engraved : — 
 " Presented to His Honor James Robert Gowan by the 
 Magistrates of the District of Simcoe, who gratefully 
 acknowledge his invaluable services in the judicial organ- 
 ization of this new district, and his uniform kindness to 
 them personally." 
 
32 
 
 By this time tlie young Judge had become well-known 
 ail over the district ; he had succeeded in overcoming 
 many and discouraging obstructions, had acquired the 
 confidence of the leading inhabitants, in fact, made an 
 excellent start in the work of a pioneer Judge, as well as 
 contributing to educational and municipal progress. As 
 he wrote to a friend some three years after his appoint- 
 ment, ** I have now a pretty full acquaintance with my 
 surroundings ; I like the work, with all its labors and., 
 responsibilities, and there is now only plain sailing before 
 me ; my health is excellent, and I hope, please God, to do 
 a grand work here, and build up a good record as a pio- 
 neer Judge." He did so, and he and his many friends 
 have the pleasure of looking back, with satisfaction, on 
 nearly half a century of continuous, useful labor in the 
 public service. 
 
 From the first he was untiring and energetic, and 
 labored under difficulties, which no longer exist, in the 
 performance of his judicial work. In all the great district 
 the Judge presided over there were not fifty miles of what 
 could be called good road, while some of his Courts were 
 over one hundred miles apart, and travel had to be on 
 horseback or by sleighing in the winter.* The Judge rode 
 
 * The few clergymen of the Church of England in the district had extensive 
 missions in connection with their parishes, that of Barrie some hundred miles 
 in extent, the incumbent's then field of labor being now divided into fifteen • 
 or sixteen parishes. In conseciuence of the remoteness of settlements, and the 
 dangers of travel, the missionary could not make more than two rounds in the 
 year — one in sunmier, the other in winter ; and the rector of Barrie, or his 
 curate, were only too glad to select the time of Judge Gowan's circuits, and to 
 have the advantage of his arrangements for travelling through the forest. It 
 
33 
 
 well, kept excellent horses, and was able to get over the 
 ground rapidly, and sixty to eighty miles in a day was no 
 uncommon ride with him ; and he has often boasted that, 
 though considered a hard rider, he had never broken down 
 a horse. In the winter the travelling was somewhat dan- 
 gerous, not to speak of the long exposure with the ther- 
 mometer below zero, and the Judge had several very 
 narrow escapes from death in his travels through the new 
 country. He was often compelled literally to take his 
 life in his hands in the course of his official peregrinations. 
 He was always exposed to dangers from which travellers 
 in the rural districts in 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. This was the case, especially in the 
 western portion of his district, for there the settlements 
 were isolated, with forest stretches between them, and 
 only one or two houses where shelter could be obtained. 
 One of these, a rude log hut, some fifteen by twenty feet, 
 was occupied by an old man named Brock and his wife. 
 For some years after 1843, new townships to the west 
 were being opened for sale and settlement, and hundreds 
 of settlers who were pouring in to take up farms frequently 
 sought the shelter of Brock's house. On one or two occa- 
 
 commonly happened that, after the Judge's Court was conduded, the Church 
 service was held in the Court room, many of those who had attended the 
 Court remaining. The settlers for a considerable distance round attended 
 these services, the Old Country folk being conspicuous with their prayer books. 
 It was only on these rare occasions that they were able to have the rites of 
 their Church, and it was no uncommon thing to see a whole family of children 
 baptized together. 
 
34 
 
 sions the Judge found this small building so full of these 
 wayfarers, that at night they covered the floor, lying closely 
 together before the huge wood fire, but the Judge had a 
 bed improvised for him by poles inserted in the log walls ; 
 with the thermometer below zero, even this rude shelter 
 was not to be despised. On several other occasions the 
 Judge, unable to reach any house, had to bivouac in the 
 snow, and with his sleigh upturned and pine branches to 
 keep off the wind, wrapped in buffalo robes, he passed the 
 night as best he could.* 
 
 But snow or storm, rain or heat, never prevented him 
 keeping his Court appointments; nor was his travel always 
 without personal danger from other causes, for a some- 
 what lawless condition existed in portions of his district, 
 where the settlers, up to the time of his coming, were 
 almost without any legal restraint, and to these places the 
 Judge did not go unprepared to defend himself. But only 
 on two occasions was personal encounter forced upon him 
 — his assailants only were the sufferers — but of these early 
 episodes he was always most unwilling to speak. While 
 on circuit through the district, settlers everywhere in these 
 primitive days came to him for advice in local and family 
 troubles, and many a feud was averted or healed, many a 
 family difficulty set right by his wise and judicious sug- 
 gestions and interference. 
 
 Besides the circuit work there were four Court sittings 
 yearly held at the district town, lasting from one to two 
 weeks each, for disposal of the civil and criminal business 
 
 « <( 
 
 Canadian Portrait Gallery," and other papers. 
 
35 
 
 with the assistance of Grand and Petit jurors, and these 
 occasions, especially in the early years of his advent were 
 seized on by the Judge as occasions for timely instruction 
 and information. 
 
 In time the district grew to be a model one in the 
 orderly arrangement of its Courts and otherwise, and the 
 Judge came to have the advantage of a very able Bar, 
 with whom his relations were of the most agreeable char- 
 acter. 
 
 Mr. Gowan at the time of his appointment had barely 
 three years and six months standing at the Bar,* and, as 
 noticed in the public journals of the day, was the youngest 
 man ever entrusted with Her Majesty's commission as a 
 Judge, either in England or the Colonies. He conse- 
 quently brought all the energy and vigor of youth to the 
 discharge of his judicial functions, and the multitudinous 
 duties incident to the position of a District Judge, and 
 all his great working powers were needed. Through his 
 whole life, and up to recent date, he was an early riser, and 
 as he himself often said to friends, the best part of his 
 day's work was done in his library before most people were 
 out of their beds. 
 
 He brought with him a large and well selected library 
 of general and professional works, and he took in all the 
 leading legal periodicals ; indeed for several years his was 
 the only good law library in the district, and it was always 
 open for use to the members of the profession. Though 
 he was a great and persistent reader, yet only in cases of 
 
 * A few years after, a standing of five years at the Bar was made a neces* 
 sary qualification for the judicial office. 
 
36 
 
 emergency did he allow his reading to encroach on his 
 regular hour for retiring. 
 
 His father, who as before mentioned, was appointed 
 Clerk of the Crown and Pleas for the Judicial District, with 
 his mother and unmarried sister* went to Barrie with him, 
 and so the Judge was saved from thought about domestic 
 concerns, and was thus able to give his whole time and 
 attention to the duties of his office, and to those public 
 concerns in which he was engaged. And so it continued 
 after his marriage, for in 1853, Mr. Govvan married Anne, 
 second daughter of the Rev. S. B. Ardagh, A.M., rector of 
 Barrie,*!* and this most estimable lady and his father, who 
 lived many years after his son's marriage, were ever solici- 
 tous to leave him no anxiety about home matters, and 
 though the Judge exercised an abundant hospitality 
 nothing was allowed to interfere with his time or employ- 
 ments. His position, was therefore, most favorable for 
 work, and those who knew him in these days used to say, 
 " he was never idle, and never seemed in a hurry, except 
 when on horseback." 
 
 * This was his eldest sister, Anne, who, in 1846, married Dr. John Russell 
 Ardagh, A.B., T.C.D.; both dead for some years. Their only son, Henry 
 Hatton Ardagh, Barrister, married Marcia, only daughter of Colonel N. H. 
 Fishe, R.A., and has issue. His younger sister, Susannah Elizal)eth, had 
 married John Strathy, Barrister, and their eldest son, John Alexander Strathy, 
 married Agnes Strachan, youngest daughter of the Very Reverend Dean 
 Graselt, M.A., and has issue. Mrs. Strathy was a few years younger than 
 her brother. She died recently, to his great grief. 
 
 + Mr. and Mrs. Gowan lately celebrated the forty-first anniversary of their 
 wedding day. Mrs. Gowan is the worthy helpmeet of her talented husband, 
 being widely known and esteemed for her sweet and active Christian life and 
 her abundant charity. 
 
3; 
 
 Of Judge Gowan's excellence as a Judge and his work 
 generally, much might be said, and the biographer has 
 ample material from which to select opinions and eulo- 
 giums upon his judicial ability. A few will be given, 
 which may be prefaced by an expression from one who 
 knew Judge Gowan well : "His fearless honesty was only 
 equalled by his industry, and produced a confidence almost 
 without parallel in all his decisions. This, the fact that 
 appeals from his decisions were almost unknown, abun- 
 dantly proves, seeing that he acted in the presence of a 
 large and able Bar, and amongst an intelligent people, 
 tenacious of their rights " The letters to him from the 
 leading Judges after his retirement show how correct were 
 the remarks quoted, and lend emphasis to them. For 
 example ; the late Chief Justice of Ontario, Sir Adam 
 Wilson, said: "Your decisions were very rarely up in 
 appeal, the best evidence that they were sound and satis- 
 factory. I do not know if any of them have been over- 
 ruled, and, if they had, it would not have been an infal- 
 lible test of their unsoundness." Sir William Richards, 
 late Chief Justice of the Supreme Court, wrote in the 
 same strain to Mr. Gowan : "After a man has worked as 
 hard and as faithfully as you have done for more than 
 forty years, he has the right to seek relaxation. You 
 may properly feel proud not only of your able and ener- 
 getic discharge of judicial duty, well warranting the repu- 
 tation you obtained for sound judgment and efficient 
 service, but also for the voluntary and patriotic aid you 
 were willing and able to lend public men in preparing and 
 revising measures of law reform, as I very well know." 
 
38 
 
 The late Chancellor Spragge, then Chief Justice of the 
 Court of Appeal, wrote : " We are both veterans in the 
 public service, you with a judicial life longer than mine. 
 You retire with the regret of those you leave behind. I 
 hope sincerely you may enjoy your otium cum dignitatCy 
 for a long time. You certainly have earned retirement, if 
 long, and efficient, and valuable services can entitle any 
 man to it." 
 
 Mr. Justice Gwynne, of the Supreme Court, also wrote 
 of Mr. Gowan's " long and distinguished labors in dis- 
 charge of his official duties." " Few men," he said, " can 
 look back with equal satisfaction on the useful and varied 
 labors of their life." The late Sir Matthew Cameron, 
 C.J.C.P., after Mr. Gowan's appointment to the Senate, 
 wrote : " Moulding laws, as well as expounding them, I 
 hope, may form not an uncongenial pursuit, and that you 
 may derive some pleasure in the passing of laws as the 
 country derived benefit from your able exposition of them 
 on the Bench, during a long tenure of office." 
 
 Sir Alexander Campbell, Minister of Justice for the 
 Dominion, on the occasion of Mr. Gowan's retirement, 
 wrote expressing his hearty approval of the complimentary 
 remarks in the Order-in-Council acceptii- Mr. Gowan's 
 resignation. " For over forty years the country has had 
 the benefit of your faithful service, in the honorable posi- 
 tion you adorned, and you have well earned your retire- 
 ment." The Right Honorable Sir John Macdonald, late 
 Premier of Canada, in referring to the terms of this Order- 
 in-Council, wrote, "You will see there a just tribute t6 
 your long and faithful judicial services. So far as I know, 
 
39 
 
 this is the only instance in which such a testimony has 
 been given to any Judge of any Court, but you have well 
 earned the thanks of the Government and the community." 
 To this we would add two notices which appeared in the 
 •* Canada Law Journal," in October and November, 1883 : 
 " As we go to press, we notice the retirement 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 experience, and his great 
 service to the country in numberless ways, can measure 
 the loss this will be to the Bench, of which he was facile 
 princeps. * * 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 dispo- 
 sition, endeared him to the community in which he has 
 heretofore passed his long and useful life. Spotless purity, 
 entire freedom from undue influence, and an earnest desire 
 to do justice, have chawcterized him as a Judge. Great 
 force of character, combined with cordiality and courtesy 
 of demeanour, and a high consideration for the perform- 
 ance 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 happiness ; and we trust that, in some 
 way or another, the country may still have the benefit of 
 his ripe experience. His career is a brilliant example to 
 those who occupy similar positions of trust and dignity, to 
 emulate which will be a duty, and to equal which will 
 indeed be difficult." 
 
40 
 
 * * " We believe, that throughout the whole of his 
 judicial career but two of his judgments were reversed. * * 
 All of his judgments that we have read are clear in diction, 
 dignified and concise, * * entirely free from any parade 
 of learning or affectation ; two objects seemed to absorb 
 the attention of the Judge, (i) properly to adjust the dis- 
 puted rights of the parties ; (2) to establish a rule by 
 which similar questions may be solved in the future, and if 
 possible to bring each case within the scope of some 
 general principle which he had enunciated and defined, 
 guarding it, however, with proper conditions and excep- 
 tions. * * The soundness of his judgments and the 
 care with which he prepared his decisions is evinced by 
 the fact, before mentioned, that but two of his judgments 
 appear to be reversed on appeal." 
 
 No more complete testimony could be given to judicial 
 excellence than that borne in the letters from the distin- 
 guished writers above quoted. But Mr. Gowan had other 
 duties besides those of a Judge sitting in Term, or with a 
 jury in the trial of cases in the Superior Courts in his dis- 
 trict at the chief town, from which there was an appeal. 
 He acted also as Judge of the Division Courts scattered 
 over the district, with power of summary decision upon 
 the law and fact, and that without appeal. This portion 
 of a pioneer Judge's duty in a new district was of great 
 importance, for where everything is in a transition state in 
 a partially settled country, there is usually much friction 
 and frequent conflict, and consequently much litigation, 
 the cases commonly contentious and in most instances 
 conducted by the parties themselves, without legal assist- 
 
41 
 
 ance. Their claims for debt or damages mij^ht be rela- 
 tively small, but were felt by the parties concerned to be 
 of paramount interest, and were so in fact to them. And 
 here came in an important function in a pioneer Judge 
 to decide aright according to law and good conscience, at 
 the same time explaining and vindicating the wisdom of 
 the law as occasion arises, so as to satisfy all, if possible, 
 that justice was done. And herein it was that Judge 
 Gowan's quick perception and marvellous knowledge of 
 human nature was conspicuous, and secured for him the 
 unbounded confidence of litigants.* 
 
 He acted on the principle that " the concerns of these 
 Courts could not be regarded as small, the principles of 
 justice made them great," and however inconsiderable th'^ 
 amount involved, every case received his best considera- 
 tion. And in the early days of his career many thousand 
 such cases came before him. His great pleasure was to 
 
 * " We learn from older members of the Bar that there never was a feeling 
 in this judicial district that ' it depended upon the humor of the Judge what 
 character the law assumed.' So far from that, every practitioner felt confi- 
 dence in advising his client, upon ascertained facts, what the decision would 
 probably be. This was a matter of great importance in those days when the 
 bulk of the law business was done in the Division Courts, and when there was 
 no appeal from the decision of the Judge acting in these Courts, though retained 
 in the other Courts over which he presided. The feeling of confidence 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, councillors 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 Grey. The address 
 speaks of the manner in which the duties in the particular Court for the locality 
 had been performed : 'and the usefulness of that Court, under your Honor's 
 
 6 
 
42 
 
 get them amicably settled when cases originated in family 
 disputes, so as to avoid bringing out matters that might 
 leave incurable wounds — and, indeed, often without any 
 suit at all, parties came to him at his lodgings after Court, 
 or stopped him on the highway to induce him to pass upon 
 their dififerences, which he generally did, giving his views 
 as to what was just, and almost invariably it was accepted, 
 and in this way many difficulties were settled that would 
 otherwise have entered into litigation. 
 
 As population increased new districts with their own 
 separate judicial and municipal establishments were carved 
 out of the District of Simcoe, but business transactions 
 expanding and becoming more important, and the duties 
 in the higher Courts demanding more of his time in the 
 chief town, the Judge had occasionally to avail himself of 
 the services of a Deputy Judge in the Division Courts. 
 The increased work made it absolutely necessary there 
 should be a permanent increase in the judiciary of the 
 
 jurisdiction, in giving soundness to pecuniary transactions, confidence in com- 
 mercial affairs, and a high tone of moral feeling;' and adds 'on your sepa- 
 ration from this division, in taking leave of you, we beg to assure you that it 
 is with mingled feelings of respect and regret ; respect for you as an able and 
 upright Judge, and regret that we have lost your valuable services. ' Referring 
 to this address, the * Barrie Herald,' of 7th April, 1852, says, amongst other 
 things : ' From personal attendance for a period of more than six years at 
 many of the Courts over which Judge Gowan presides, we are warranted in 
 expressing our conviction that to his integrity, ability, and painstaking efforts, 
 and not merely to the value of the system itself, may be traced the existence 
 of the order of things fitly described in the address to him as "giving sound- 
 ness to pecuniary transactions, confidence in commercial affairs, and a higher 
 tone to moral feeling," throughout the country.' " — "Career of Judge Gowan," 
 by a member of the Bar, 1890. 
 
43 
 
 District, and in 1872, Mr. John A. Ardagh was appointed 
 by the Crown a junior or assistant resident Judge. 
 Though a graduate of Trinity College, he had received 
 his primary education at the Barrie grammar school. 
 He was a son of the rector of Barrie, and a brother-in-law 
 of Judge Gowan, and there is little doubt Sir John 
 Macdonald consulted the Judge on the appointment of 
 his colleague, as well as on the previous appointment in 
 1858, of Mr. William D. Ardagh* the Deputy Judge in 
 the district. 
 
 Mr. John Ardagh's appointment was an excellent one ; 
 he had the vigor of youth on his side and an excellent 
 standing at the Bar.f But even with the increased judi- 
 cial power, the work was very large, and Judge Gowan 
 retained in his own hands the power of appointment and 
 removal of officers of the Courts. Much of the value of 
 the Division Courts, which are somewhat similar to the 
 English County Courts, depended upon the efficiency and 
 integrity of the subordinate officers, and the Judge had 
 exercised great judgment in their selection, taking a good 
 deal of trouble in instructing them by word and occasional 
 " papers." 
 
 That he was eminently successful in obtaining good and 
 reliable men for the office is proved by the fact that of 
 
 * Mr. William D. Ardagh afterwards entered public life, and became a 
 member of the Legislature. He subsequently went to Manitoba, where he 
 became Deputy Attorney-General, and was afterwards appointed a District 
 Judge in that Province, which office he held at the time of his death. 
 
 + Mr. Ardagh is no\\ the Senior Judge, with Mr. William Boys, the Assis- 
 tant or Junior Judge. \ 
 
44 
 
 over one hundred officers appointed by him, against four 
 only was sufficient cause for their removal shown.* 
 
 In connection with the judicial office, a good deal of 
 work of a general character outside the Judge's particular 
 Court came to him in the regulation of details of procedure 
 in the various tribunals of justice, civil and criminal, of 
 
 * ** Perhaps the most striking evidence of his great aptitude for the position, 
 was his wise and successful administration of patronage, in the selection of 
 ofificers for the several Division Courts over which he presided. Until very 
 recently, the duty of appointing all the officers of these Courts belonged to the 
 Senior Judge — the power of appointment and removal — for all held oflRce 
 during the pleasure of the Judge. In Judge Cowan's extended jurisdiction he 
 had the appointment to some twenty-five oftices, several of them, at the time, 
 giving an income, from fees, larger than the Judge's own salary. During the 
 whole period of his incumbency, over one hundred officers were appointed by 
 him, and so judicious had been his selection that only four men of his appoint- 
 ment were removed for misconduct or neglect in the long period of forty years. 
 The other changes that occurred in that time were due to resignation, removal 
 or death. A few years ago an ex-M.P., who spoke ' from actual knowledge, 
 having resided in the county longer than the Judge himself, and somewhat 
 intimately acquainted with public feeling,' in a letter published at the time, 
 refers to the Judge's administration, in this particular, as ' a matter which 
 has deservedly, long since, obtained the approbation of thinking men of all 
 parties in this community, namely, the wise and just manner in which, for over 
 a third of a century, the Judge has exerciseil the large patronage vested in 
 his office;' and in proof, mentions a fact to show how well officers of his 
 appointment stood with the public. He says : * No less than eight were 
 elected reeves, and some of them re-elected again and again, and three served 
 in the honorable office of warden, with several others, chosen to fill the office 
 of councillors in local municipalities,' and he might have added, more than 
 one elected to the Legislature. In commenting on this the ' Advance ' news- 
 paper says : * It may seem a simple thing to many, to choose always the best 
 men for such positions, but such a choice letjuires two things, and these two 
 the Judge possessed in a singular degree. The first, an insight into character, 
 a capability of judging what a man really zvas no matter what he seemed to be. 
 
45 
 
 the country. To secure the effectual working of statutory 
 provisions, the Legislature delegates to the Executive the 
 power to select a certain number of Judges, to frame rules 
 and regulations touching procedure, the remuneration by 
 fees to executive officers of the Courts. And these rules 
 and regulations in amplification of statutory provisions 
 
 It has ])een remarked, even by some who grudgingly conceded praise to those 
 who differed from them, that the Judge possessed in a most remarkable way, the 
 faculty of reading character, and of detecting the secret workings that animated 
 those, whose actions and motives it was necessary that he should discover and 
 understand. 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 l)est man, once he was found, despite the many 
 adverse influences brought to bear. ' The public good ' was, in an essential 
 manner, Judge Gowan's motto. We 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 show 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 pleasure of the Judge ; but an office connected with the 
 administration of justice ought, at least practically, to be upon a more certain 
 tenure — and while willing and able to do the duties required of him faithfully, 
 discreetly, and in the mode prescribed, every officer should be able to feel 
 assured that his position was secure. These, my early formed and known 
 sentiments, need no repetition to convince officers in this county that the exer- 
 cise of wvj pleasure will not be bottomed on caprice. But I hold the power 
 of removal as a trust, and may not decline to exercise it, when inability or 
 misbehaviour in office is made to appear to my satisfaction. * » j reckon 
 confidently on an energetic and diligent discharge of duty, a prompt and cheer- 
 ful compliance with the various regulations, by which the full benefit of the 
 Courts may be secured to those who have occasion to use them.' " 
 
 " We will only arid, Judge Gowan may be said, in a certain sense, to have 
 been exacting in the case of officers appointed by him, but he was just, and 
 that he was revered by them to the end is manifest by their final address to 
 him on his retirement." — "(ileanings fioui the Press and Public Addresses to 
 Judge Gowan," by a member of the Bar of Ontario, 1890. 
 
46 
 
 have the force of law, but are always open to alteration 
 by the rule-making body without resort to the Legisla- 
 ture. 
 
 As early as 1852 Mr. Gowan was appointed by the 
 Crown one of five Judges authorized to frame general 
 rules and regulations for all the Division Courts. Judge 
 S. B. Harrison* was chairman of this Board. 
 
 In 1857, it was delegated by statute to the Judges of the 
 Court of Queen's Bench to settle a tariff of fees for the 
 profession and for the officers in all the Courts, and Judge 
 Gowan was associated with them. 
 
 In 1858, new courts were established by statute, model- 
 led something after the plan of the English Court of Pro- 
 bate, with all its powers touching wills and administra- 
 tion, and in addition the power of appointing guardians 
 for infants who had no legal guardians, and for regulating 
 their properties. 
 
 In the new law was a provision for the appointment of 
 three representative Judges, who were empowered from 
 time to time to make rules and orders for regulating pro- 
 cedure and practice in these Courts ; for regulating the 
 duties of officers, the manner of appealing to the Court of 
 Chancery from decisions ; simplifying and expediting 
 proceedings, and fixing and regulating the fees of officers, 
 and of attorneys and barristers practising in these Courts, 
 and generally for carrying the provisions of the law into 
 full and beneficial effect. 
 
 * Mr. Harrison was an eminent English Barrister, and author of *• Harrison's 
 Digest.'' He was Secretary of State in the Government under which Mr. 
 Gowan had been appointed Judge. 
 
47 
 
 In pursuance of this authority, a commission of three 
 representative Judges were appointed by the Crown to 
 carry out these provisions, and Chancellor Spragge, as 
 chairman, with Judge Burns and Judge Gowan, were the 
 three named. 
 
 The new law had been prepared for Sir John Mac- 
 donald, the Premier, by Judge Gowan, and it was left 
 to him to draft the necessary orders, and rules, and forms, 
 and to frame the tariff of fees. His draft was accepted by 
 the other Judges, passed by all three, and was brought 
 into force almost simultaneously with the new law. 
 
 The work was one of considerable difificulty, and re- 
 quired great care in the preparation. These rules and 
 orders were confirmed by Act of Parliament in the follow- 
 ing year, and both the Act itself and the rules and orders 
 made under it have borne the strain of over thirty years 
 actual working, and yet, it is believed, regulate these 
 Courts. It is no little test of their excellence to have 
 remained so long unchanged in these changing times. 
 
 The Governor had been empowered under an Act of 
 the Legislature to appoint " a Board of five Judges " to 
 frame general rules concerning the practice and proceed- 
 ings of the Division Courts established by law in every 
 county in the Province, and in relation to any Act respect- 
 ing them " as to which doubts had arisen, or may arise, or 
 as to which there have been, or may be, conflicting decis- 
 ions in any of such Courts " ; and the rules and forms, 
 when approved, were given the same force as if included 
 in an Act of Parliament — large and important powers 
 these, seeing that these Courts were numerous and em- 
 braced a large share of the law business of the country. 
 
48 
 
 In 1869, Judge Go wan was appointed chairman of this 
 Board of five Judges, and continued to hold the position 
 from that time up to the period of his retirement in 1883. 
 After his retirement from the Bench, the position being 
 tenable by a retired Judge, he was re-appointed chairman 
 of the Board by the Provincial Government and held the 
 position for several years after, taking much interest in the 
 working of the Division Courts * 
 
 Judge Gowan's appointment in 1 871, on a Commission 
 of Judges to enquire into the constitution and jurisdiction 
 of the several Courts of Law and Equity in Ontario, with 
 a view to the fusion of Law and Equity will be presently 
 further alluded to. 
 
 On two occasions the Judge was selected for extra- 
 ordinary and peculiar judicial service. The first was in 
 L862, and in respect to a matter of much public interest. 
 Disputes between the Government and the Contractors 
 for the erection of the Parliament Buildings at Ottawa, 
 involving a very large amount, had been a subject of con- 
 troversy for years and was unfortunately cast into the arena 
 of party strife. After the Hon. Mr. Brown entered the 
 Macdonald Government it was arranged that the matter 
 should be settled by arbitration ; Mr. Page, the Govern- 
 ment Engineer, acting for the Government ; the late Mr. 
 Cumberland, C.E., for the contractors. It was agreed that 
 some Ontario Judge, both parties could agree on, should 
 
 * A work on these Courts was dedicated to Judge Gowan by the author 
 Mr. Henry O'Brien, Barrister, "in appreciation of the talents which adorn 
 his position, and of his exertions to forward the due and systematic adminis- 
 tration of Justice in these Courts." 
 
49 
 
 be the third. Judge Gowan was the first named, and both 
 the Government and the contractors at once agreed to 
 him. Of this tribunal, two only were necessary to a de- 
 cision. The trial took place ; some of the ablest counsel 
 in the country acting for the parties ; the Hon. S. Richards, 
 Q.C., and the Hon. R. Scott, O.C. (now Senator), for the 
 Crown ; Mr. T. Gait, Q.C. (now Sir Thomas Gait, C.J.C.P.), 
 for the contractors. After a protracted enquiry, the matter 
 was brought to a close by an unanimous decision. It 
 was said that neither party felt, as might be expected, 
 the result to be what they desired, but it was admitted on 
 all hands that Judge Gowan, who presided, conducted the 
 proceedings with singular patience, judgment and ability. 
 The award made remained unquestioned by the parties 
 and unassailed by the public press. 
 
 The second occasion was in 1873, when very grave 
 charges were made against Sir John Macdonald and other 
 Cabinet Ministers, charges not only bearing upon their 
 conduct as Cabinet Ministers, but touching their personal 
 honor in connection with the Canadian Pacific Railway 
 contract—" The Pacific Railway Scandal," as it was called. 
 The matter was brought up in Parliament and a commit- 
 tee appointed, but owing to legal difficulties no report was 
 made when Parliament prorogued. The matter evoked 
 profound feeling and intense party bitterness and was 
 used, and that successfully in the end to overthrow the 
 Macdonald Government. 
 
 After the prorogation of Parliament, Lord Dufferin, the 
 Governor-General, under the advice of his ministers, de- 
 termined to issue a Royal Comndission, as he had the 
 
50 
 
 right to do as the Representative of Her Majesty, if on 
 no other grounds, because the charge touched the honor 
 of members of Her Privy Council ; and a commission was 
 accordingly issued, reciting the charges made, and direct- 
 ing the commission to enquire into them and report. 
 
 The commission was directed to the Honorable C. D. 
 Day, formerly Solicitor-General of Lower Canada, and 
 then a retired Judge, as chairman ; and to Mr. A. Polette 
 and Mr. Gowan, both of them Judges on the Bench, the 
 former in Quebec, the latter in Ontario. The interference 
 of the Governor-General in the matter was questioned by 
 the opposition Press all over the country. The commis- 
 sion was called " a whitewashing commission," " a com- 
 mission for dirty work to be done," etc., and the Governor- 
 General was charged with acting unconstitutionally, and 
 with illegal interference with the action of the Commons ; 
 and both he and the members of the commission were 
 personally assailed with great acerbity by the leading 
 organs of the Opposition.* 
 
 Mr. Gowan'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 preferment, as 
 was subsequently known, he had before actually twice 
 
 ***Mr. Gowan has been for the past twenty-five years the confidential 
 adviser and personal friend of Sir John A. Macdonald, has prepared some of 
 his measures, and received such favors from his hands as could be thrown in 
 the way of a Judge by an Attorney-General or Minister of Justice. Judge 
 Gowan has already done a good deal of servile work for Sir John A. Macdonald, 
 but has never gained the object of his aspirations. * * Perhaps he sees this 
 prize within his grasp at the present moment." — " The Globe." 
 
51 
 
 declined,* and it was alleged that these considerations 
 would influence his judgment. But even in the bitterness 
 of party nothing more could be said against Judge Gowan. 
 The leading organ of the Opposition in Quebec, said, "As 
 to Mr. Gowan, we are ready to award him the praise of 
 being a highly respectable magistrate * * . There is, 
 however, one circumstance which makes hii appointment 
 exceedingly indecent * * this is his well-known friend- 
 ship for Sir John Macdonald."*!* "Against the personal 
 character of Judge Gowan, or against his impartiality in 
 his ofificial capacity " said another bitter Opposition jour- 
 nal, J "no one can truly utter a word. * * We are sorry 
 to find that Judge Gowan has committed himself to the 
 business. He has been too prominent a defender of the 
 Government to get credit for an honest course, or an 
 impartial decision; it will bring nothing but suspicion and 
 may end in losing that public confidence he has so long 
 enjoyed." 
 
 Lord Dufferin's despatch to Lord Kimberley, of August, 
 1873, referring to the personnel of the commission, gives 
 probably the true reason of Mr. Gowan's selection, that he 
 was *• a moderate reformer," had been thirty years on the 
 
 * See a letter of Sir John Macdonald to Sir John Rose, which has only 
 recently seen the light. But the fact was well-known otherwise, long before 
 it appeared. As early as 1863 a vacant Judgeship in the Common Pleas was 
 first offered to him. 
 
 f'The Montreal Herald." 
 
 t" The Expositor." 
 
52 
 
 Bench, during which time he liad " exhibited the best 
 quahties of a Judge." * 
 
 The fact is Judge Govvan was most unwilling to accept 
 the position. He fully recognized the serious and respon- 
 sible duties cast upon the commission, and that it would 
 almost of necessity become a *' buffer " between the two 
 great contending political parties in the State and the 
 Governor-General ; and that in accepting the duty the 
 c ^mmission could not expect to escape hard blows in the 
 political " melee." But he felt also he would be lacking 
 in what was due to the representative of the Sovereign 
 if, in the emergency, he declined, when requested, to act 
 as coniidential agent of the Crown in an enqu.^/ made in 
 the usual method adopted by the highest branch of the 
 Legislature — under a Royal Commission. It was a deli- 
 cate, if not a painful, position, but evidently the Judge felt 
 he would have no insuperable difficulty in divesting him- 
 self of irregular influences of any kind, and he had the 
 courage which some thirty years of judicial experience 
 was calculated to inspire. 
 
 * Lord Dufiferin, the Governor-General of Canada, in this despatch to 
 Lord Kiniberley, says of Judge Gowan : "When at the Bar he was partner of 
 the late Honorable J. E. Small, who was Solicitor-General for Upper Canada 
 in the reform Government of 1842, when Mr. Robert Baldwin was Attorney- 
 (ieneral. Mr. Small was considered an extreme reformer ; Mr. Gowan a 
 moderate one." After speaking of his appointment as Judge by the Baldwin- 
 Lafontaine Government of 1843, it is added, ** lie has held that position ever 
 since, and exhibited therein the best qualities of a Judge," and, after men- 
 tioning several appointments and work performed by him, concludes with the 
 observation : " lie has been consulted by each successive Attorney-General for 
 Upper Canada since 1842, on the subject of proposed changes in the Criminal, 
 Municipal, and other laws." 
 
53 
 
 Tlic commission met with a good deal of obstruction, 
 but calmly pursued the enquiry committed to them to the 
 close, and reported the evidence taken before them. From 
 the commencement to the end their communications lay 
 only with the Governor-General, for they recognized fully 
 their position as confidential agents of the Crown, and 
 were in close communication with Lord Dufferin during 
 the whole enquiry. 
 
 But not to dwell on a buried subject, we will only add, 
 that when all was done and over, Judge Gowan had the 
 satisfaction of knowing that the representative of the 
 Sovereign highly and fully appreciated the services he was 
 able to perform under the commission, and ore of the 
 ablest publicists in Great Britain, the Honorable George 
 Brodrick, now Warden of Merton, Oxford, who happened 
 to be in Canada at the time, 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 cominissioners was used by both parties. 
 
 We have now considered the matter in the summary 
 coming under the heads of I., II., and III.; that falling 
 under fourth and fifth is now to be noticed. 
 
 The masterly compositions of Jeremy Bentham, the 
 philosopher, and great teacher for all nations, and for ages 
 \'et to come, were probably more read and studied half a 
 century ago than now. Mv. Gowan was familiar with his 
 works, and as a student became a convert to nearly all 
 Bentham's views as to law reform. In respect to codifi- 
 cation both of the civil and criminal law. Judge Gowan 
 
54 
 
 entertained very strong opinions, which he endeavored to 
 impress on public men in authority in the interests of the 
 country. As early as 1848 he discussed Bentham and 
 his teachings with Sir John Macdonald, especially in rela- 
 tion to codification in our young country, and during their 
 long friendship of over forty years he had frequent oppor- 
 tunities of pressing consideration of these views upon that 
 great man. Sir John Macdonald to some extent agreed 
 with Mr. Gowan, and quite recognized the deficiencies 
 in our system of jurisprudence, the imperfections in our 
 statute law, and the jumble in the statute book of Upper 
 Canada. But his view was that a colony should move 
 slowly, and that it was desirable to await action ^" the 
 mother land, especially in the matter of codification, if on 
 no other ground than that of expenditure, recognizing 
 that an undertaking of the kind could only properly be 
 accomplished through the lengthened labors of men of 
 competent learning and thoroughly expert. But he anx- 
 iously desired to move in the lines of law reform, and to 
 more than keep pace with improvements from time to 
 time enacted in England. This seems to have been the 
 great statesman's* line of action, following English enact- 
 
 * Mr. Dent, in his biography of Sir John Macdonald, published in 1861 — 
 though by no means a favorable estimate as a whole — admits fully his desire 
 for progress, his readiness to adopt reforms when the country was ripe for 
 them. And Mr. Rattray, in his admirable work, "The Scott Abroad," fully 
 recognized this distinguished trait in his character : " Instead of the maxim 
 *go ahead at all hazards,' his motto," says this writer, "is 'hasten deliberately 
 pari passu with public opinion;'" and he goes on to say: "In his own 
 governmental department he was bent upon necessary reforms. To him were 
 due the Common Law Procedure Act, the remodelling of the County Courts, 
 and other purely legal improvements. No Government, perhaps within living 
 
55 
 
 merits in the way of revision and improvements, and not 
 many years ago he said to Mr. Gowan : " Have I not 
 been breaking the ground in revision and consoh'dation 
 and following improvements at home? And if I live and 
 am in power, codification for Canada will come in time." 
 A review of the legislation he fostered and promoted for 
 some forty years goes to show his desire for improvement 
 on these lines. 
 
 Attempts at general revision of the Statutes were made,* 
 but nothing thorough was attempted until 1856, when, at 
 the instance of Sir John Macdonald, who was then in 
 power, another commission issued, which made a report of 
 progress in April, iSsS.-f- 
 
 memory, placed so many valuable measures on the Statute book as this one," 
 * * " The merit, as well as the responsibility incurred, belongs in great 
 part to Sir John Macdonald, who was at once the head and soul of the 
 Cabinet." 
 
 *A commission was issued in 1841, to Chief Justice Robinson, Judge 
 Macaulay, Mr. W. H. Draper, and Mr. J. H. Cameron, requiring them to 
 examine and report on the Statute law of Upper Canada, from 179 1 to the 
 date of the Union of Upper and Lower Canada in 1841. This was a neces- 
 sary work, for, with the exception of an edition of the Statutes by James 
 Nickalls, in 183 1, nothing of the kind existed. Digests of certain subjects, 
 and some indexes, were prepared by individuals. One of these, a general 
 index to all the Statutes in force in Upper Canada up to 1838, had lieen pre- 
 pared by Mr. Gowan, as already mentioned, but that was all. The commis- 
 sion of 1 84 1 reported in 1843, giving a mere presentation of the public general 
 Statutes of Upper Canada as they stood in 1841, in the order of time, but 
 without arrangement or classification, or any attempt at consolidation. A 
 proper and complete consolidation was what was really required, and the 
 commission, in their report, recommended as necessary a complete revision 
 and classification, 
 
 + This commission was directed to Sir J. B. Macaulay, Adam Wilson 
 (afterwards vSir Adam Wilson, C.J.C.P.), D. B. Read, Q.C., and S. H. 
 
56 
 
 What was required, and indeed essential, was a com- 
 plete classified consolidation of the whole body of Statute 
 law in force in Upper Canada, and in a suitable shape to 
 be laid before Parliament for adoption and enactment, 
 with necessary tables and schedules, specially showing 
 how every clause had been disposed of. Sir John Mac- 
 donald who had conceived the idea of a reformed Statute 
 book — the whole Statute law of Upper Canada revised, 
 classified, and consolidated — and was anxious for its com- 
 pletion and sanction by statutory enactment in improved 
 form, appealed to Sir James Macaulay to undertake the 
 labor of preparing it, and put the whole in shape for en- 
 actment. Sir James consented, but soon found the task 
 too formidable to accomplish unaided. The professional 
 men who had previously given their services, doubtless 
 could not, without serious prejudice to their professional 
 business, give the necessary time to the subject, and it had 
 never been in their power, as Sir James Macaulay ex- 
 pressed it, " to devote to the work that continued attention 
 which he felt to be most desirable, if not essential, to the 
 work in hand," and as the completed work was to rest 
 upon his own responsibility. Sir James, under the circum- 
 
 Strong (afterwards Sir Menry Strong, Chief Justice of the Supreme Court), 
 who made considerable progress. But in their report, the commission desig- 
 nated their work as in an inchoate state, and without any schedule of Acts 
 consolidated, or anything showing how each clause had been disposed of, so 
 that the matter was not in a condition to be laid before Parliament for action. 
 As observed by Sir James Macaulay in his report, it was not in the power of 
 the commission to dcote to the work that combined attention most desirable, 
 if not essential, to its successfid accomplishment. Numerous changes were 
 found essential, and many corrections necessary. 
 
57 
 
 stances, requested the Government to ask Judge Gowan 
 to aid him, " entertaining a high opinion of the qualifica- 
 tions and abilities of that gentleman." 
 
 The Governor accordingly requested Judge Gowan's co- 
 operation in the important work, and His Excellency's 
 communication was backed by a personal one from Sir 
 John Macdonald earnestly urging Judge Gowan to act. 
 He accepted the position and immediately proceeded to 
 join Sir James Macaulay at Toronto, and from that time 
 crave continuous and untiring attention to the work. 
 
 The whole matter was critically examined throughout, 
 revised, recast, and consolidated upon the plan of an im- 
 proved and systematic revision of all the Statutes. The 
 law was brought together, rendered and expressed, as 
 under judicial construction, so as to justify the revised 
 consolidation being substituted for the mass of scattered 
 and detached Statutes proposed to be repealed. Titles 
 were given and separate chapters added, repealing the 
 Statutes superseded, and saving existing rights. For the 
 interpretation of terms and expressions to guide and 
 facilitate in the construction of the consolidated law, a 
 uniformity of style was introduced, and full schedules and 
 tables given accounting for every Statute and every exist- 
 ing clause, thus enabling the work to be tested. 
 
 In January, 1859, Sir James Macaulay made his report, 
 and appended to it was the quarto volume of some 1,100 
 pages, which contained the revised consolidation of the 
 Statutes relating to Upper Canada, in form to be substi- 
 tuted by Parliament for the mass of Statutes scattered 
 through the Statute books since 1792. It was a formidable 
 
58 
 
 work, well and skilfully done, a monument of the industry, 
 care and ability of those who prepared it, and when it 
 came to be tried scarcely a slip or error was found in the 
 test of practical working as a law, for it was submitted to 
 Parliament and accepted without debate, as containing 
 the body of the Statute law applying exclusively to Upper 
 Canada, Parliament superseding the old enactments. 
 
 To the value of Judge Gowan's aid and assistance in the 
 work, Sir James Macaulay bore strong testimony in his 
 letters to the Premier and others, as well as in a letter 
 addressed to Judge Gowan personally. In his official 
 report, after speaking of having solicited the assistance of 
 Judge Gowan, and his consenting to act, he adds: "He has 
 attended from time to time, at great personal inconvenience, 
 and we have together gone over all the public general 
 Statutes relating to Upper Canada, and also all that portion 
 of the joint work of consolidation, which belongs to the 
 Upper Canada commission, and we have incorporated the 
 Acts of the last Session with the former text. I have 
 found Judge Gowan animated with the most lively interest 
 in the successful issue of a work, the importance of which 
 he fully appreciates, and I have been greatly assisted by 
 his able co-operation. His knowledge of the Provincial 
 Statutes throughout, and his familiar acquaintance with 
 the details and practical working of some of the most im- 
 portant, as respects their general and constant use, has 
 enabled me to correct various inaccuracies and to adopt 
 many material amendments. A comparison of the consoli- 
 dation in its present state with the form in which it was 
 originally reported will show the additions and alterations 
 
59 
 
 that have been made, including, of course, the Acts of last 
 Session." 
 
 As already observed, this consolidation became law, and 
 the Statute 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 has 
 shown that that learned jurist, Sir James Macaulay, was 
 justified in speaking thus of the work : " I feel every con- 
 fidence that a good work has been achieved and a desirable 
 basis laid for future legislation. And for the able services 
 rendered by Judge Gowan, the Government, the Legisla- 
 ture, and the public, as well as myself, are indebted to 
 him." The public general Statutes applying to both Upper 
 and Lower Canada were consolidated at the same time. 
 G. W. Wickstead, Esquire, Q.C., the late Law Clerk of the 
 House of Commons, a very able jurist, taking the main 
 and chief part in that work, as Sir James Macaulay did 
 in the consolidation applying exclusively to TJpper Canada. 
 Both Mr. Wickstead and Sir James Macaulay officially 
 recorded their " grateful indebtedness to Judge Gowan for 
 most valuable advice and assistance " in advancing also 
 this difficult and laborious work to completion. 
 
 Judge Gowan again, in 1868 and 1869, at the instance of 
 his friend the Premier, lent willing aid in preparing the 
 several bills submitted by Sir John Macdonald, to make 
 the criminal laws uniform all over Canada; acting in 
 co-operation with two permanent civil servants, Mr. G. W. 
 Wickstead, Q.C., who was an experienced Parliamentary 
 
6o 
 
 draftsman, and Mr. Hewitt Bernard, Q.C., the Deputy 
 Minister of Justice, both Mr. Gowan's personal friends. 
 With the former he had been engaged in the consolida- 
 tion of 1858 and 1859. The latter, before entering the 
 Civil Service, had lived for years in Barrie, and practised 
 as a barrister in Mr. Gowan's Courts. 
 
 These bills embodied a consolidation of the criminal 
 law in force in the several Confederated Provinces of the 
 Dominion of Canada, with valuable additions and im- 
 provements in procedure and otherwise, and all were suc- 
 cessfully promoted by Sir John Macdonald and became 
 law, in force all over the Dominion.* 
 
 It was a valuable and necessary recast of the criminal 
 law, and wonderfully complete so far as it covered. The 
 work was of j^reat importance and difficulty, for the crimi- 
 nal law in all the Provinces then confederated was founded 
 on the criminal law of England, which had been introduced 
 at different times into each. Many alterations and im- 
 provements had been enacted by the respective Provincial 
 Legislatures, and divergence in several particulars was 
 found to exist. The subject of criminal law^ and criminal 
 procedure was assigned by the Imperial Act, confederat- 
 ing the Provinces, to the Parliament of Canada, and it 
 was, of course, essential that this branch of the law should 
 be uniform all over the Dominion. 
 
 The Ministry, to carry these measures, had to keep in 
 view the express desire and expectation of members re- 
 presenting each Province, that their several systems would 
 
 * They appear in the Statutes of 1869, covering nearly 300 pages —chapters 
 '7 to 37 inclusive. 
 
6i 
 
 be substantially embodied in the new bills introduced and 
 so those entrusted with the preparation of the scries of Acts 
 (extending over some three hundred pages on the Statute 
 book of 1869), had not, therefore, in all cases a free hand, 
 for it was not thought expedient to drop any provision of 
 any law of the several Provinces, though some had little 
 practical general bearing under the varied conditions in 
 widely separated Provinces. The best possible system 
 had to be devised, and it became necessary to make ex- 
 tensive alterations and to introduce new provisions suited 
 to the country and existing conditions. 
 
 In preparing these bills a wide range was wisely taken. 
 It may be seen that the draftsmen embodied, not merely 
 the Provincial and Dominion legislation up to the time, 
 but also a large number of Imperial enactments, either as 
 they stood or altered to suit the condition of the country, 
 and did not hesitate to take some valuable provisions 
 from the Colony of Victoria, and a few clauses from Acts 
 in the neighboring States; and added a number of entirely 
 new clauses. The work, therefore, in these bills was not a 
 mere revision and consolidation, but a recast of nearly the 
 whole body of the criminal law, improved and adapted to 
 the new conditions of the country, and the whole appears 
 to have been done with reference to points solved by 
 adjudged cases.* 
 
 * Mr. Gowan, with the permission of the Prime Minister, saw and conferred 
 with the Chief Justices in Upper Canada as to new provisions in the Criminal 
 bills, and certain suggestions they made were acted on by Sir John Macdonald, 
 who was anxious to accept all reasonable suggestions for improvement in his 
 bills. 
 
62 
 
 No doubt it was the design of the great statesman who 
 introduced these bills to prepare the ground to lead up 
 to codification in Canada. For it was the vast mass of 
 ill-arranged statutes "unconnected with each other, passed 
 at different times, written in different styles, intended for 
 different purposes, not cast into a serviceable shape," that 
 presented to English jurists one of the formidable diffi- 
 culties in the way of codification. 
 
 And the present Premier and Minister of Justice, Sir 
 John Thompson, must have found the work of 1869, as 
 well as previous consolidations carried out under Sir John 
 Macdonald's auspices, of incalculable value in facilitating 
 the preparation of the great measure of criminal law codi- 
 fication, which he was enabled lately to place on the 
 Statute book, and which will couple his name for all time 
 , with the achievement of a great and important reform. 
 
 Judge Gowan's part in this work of 1869, in co-opera- 
 tion with the two permanent civil servants named had no 
 official recognition. It was voluntarily and gratuitously 
 rendered at the instance of the Prime Minister as on 
 previous occasions. But some seven years after, when 
 Sir Oliver Mowat, Premier of Ontario, determined in 1876 
 on the consolidation of the Statute law for that Province, 
 Judge Gowan was appointed with other Judges on a com- 
 mission issued for the purpose, and rendered zealous and 
 efficient aid in the work.* 
 
 * Judge Gowan's appointment on this occasion was most favorably noticed 
 
 . in the lay press, while the following remarks appeared in the " Law Journal" 
 
 of the day : " "We are glad to learn that His Honor Judge Gowan has been 
 
 added to the Commission for consolidating the Statutes of Ontario, and is 
 
63 
 
 For this important service he received the thanks of the 
 Government of Ontario who presented him with one of 
 the gold medals struck to commemorate the event. This 
 was a valuable and beautiful work of art and a well de- 
 served acknowledgment, for on this, as in other matters 
 referred to, his was a work of love — entirely gratuitous. 
 
 Judge Gowan's voluntary service in Parliamentary draft- 
 ing deserves a fuller notice than our space will allow for 
 it, extending as it did over nearly the whole period of his 
 judicial life. 
 
 When an earnest and willing worker sacrifices none of 
 his time to idle society but engages himself fully in a 
 variety of subjects, it is almost incredible the amount of 
 work he can accomplish, a complete change of subject it 
 is said being almost equivalent to repose. This may ex- 
 plain the marvellous number of subjects upon which Judge 
 Gowan employed himself, outside his regular duties, 
 though of a kindred character, and in keeping with them. 
 Had this labor been compulsory he might probably have 
 found irritations, but seeing he gave his services volun- 
 tarily and gratuitously one would incline to think he found 
 enjoyment in work. 
 
 taking an active part in the revision of the work already done, and in sugges- 
 lion for its future prosecution. Probably no man in Canada could be found 
 who is more familiar with the Statute liook, and his ripe judgment, and the 
 experience gained by him when on the Commission for Consolidation of the 
 Statutes of Old Canada, will be of the greatest benefit. We congratulate 
 Mr. Mowat on securing his services.' Everyone who knows anything of 
 Judge Gowan will cordially endorse our contemporary's eulogy, as being emi- 
 nently well deserved, Tiie Honorable Attorney-General has certainly made 
 a most judicious appointment." 
 
64 
 
 Tlicse services in Parliamentary drafting arc tersely 
 given in the summary already referred to, as follows : — 
 Work and assistance in the preparation of technical mat- 
 ter touching Legislative improvements — work which in 
 England is done by official draftsmen and paid experts — 
 Mr. Gowan, at the instance of the Law Officers of the 
 Crown and under different administrations for over thirty 
 years was so engaged. 
 
 It will be convenient to follow the order of date as given 
 in the outline. 
 
 Parliamentary law drafting, as correctly said by the 
 writer in the summary, is in England done by official 
 draftsmen and paid experts, and in Canada at the present 
 day it is so done and has been for several years past, the. 
 Deputy Minister of Justice and those acting under him 
 doing the work in preparing measures introduced by min- 
 isters. But neither in the old Province of Upper Canada, 
 nor in Canada after the union of the Upper and Lower 
 Provinces, nor yet in the Dominion after Confederation 
 was it so done, until recently. 
 
 The Provinces were young and had to provide large 
 sums for permanent public works, the public revenue was 
 far from large and public officers and cabinet ministers 
 were obliged to content themselve,. with small incomes, 
 and for a long time after the Union Ministers of the Crown 
 had multitudinous duties imposed upon them, their assist- 
 ance in the way of clerks and subordinates being most 
 limited — nothing, as of recent years, in the way of experts 
 to aid — no Parliamentary draftsman with a competent 
 staff as in Itngland, to whom ministers could hand over 
 
«5 
 
 the preparation of their measures of reform, tlcmatuli ly 
 knowledge of the subject and technical ability. 
 
 In the absence of such official aid, ministers had to pre- 
 pare their measures unaided, or with such outside assist- 
 ance fiom competent persons as could be obtained grat- 
 uitously, there being no legal provision for their payment.* 
 
 It was here the special aptitude and ability of Judge 
 Gowan lOr such work came into play as early as 1842.^ 
 
 • True, the Law Clerk of Uie House of Conunons — a most competeni 
 officer— of late years ^ave some assistance ; but, (huintj the sitlinj^s of Parlia- 
 ment, he was the man of all work, and in the case of measures l)rought in on 
 responsibility of the (lovcrnmenl they had to be considered and pre|)ared on 
 short notice. 
 
 t And few arc aware of the high ([ualifications necessary for a Parliamentary 
 draftsman. Lord Thring, better known as Sir 1 lenry Thring, tlie great Par- 
 liamentary draftsman, and for years the head of that department in Kngland, 
 last 'year gave a most interesting lecture before the Kensington Ratepayers' 
 Association, on Acts of Parliament and how they are made. lie had Iwen 
 constantly engaged from 1853 to 1886, in drafting Acts of Parliament for 
 ministers of all parties, and of course spoke with unrivalled authority on the 
 subject. We give one or two quotations : " What is an Act of Parliament ? 
 T.ake for instance," he said, "The Local Ciovernnient Act of 1888. How 
 did that Act come into existence? It did not fall from the clouds, or come, 
 Minerva-like, fully equipped from the brain of some Parliamentary Jupiter. 
 
 Every word of the first clause marks an era in constitutional history. 
 
 The Cabinet having decided to bring in, say a county council bill, the 
 President of the Local Government board sends for the Parliamentary drafts- 
 man, a permanent civil servant, and instructs him to fdl in the details of the 
 ministerial outline and put it into the shape of a complete bill. What does 
 this imply? In the first place, the draftsman must know the law, and, in the 
 case of a Local Government bill, this means keeping in his head the provi- 
 sions of some thirty Acts of Parliament. He must know how to draft a bill. 
 This means that he must understand the arrangement, in a lucid form, of a 
 most complicated subject, dealing with the local details of almost all the local 
 authorities in England, and defining their relation to the new bodies created. 
 
 » 
 
66 
 
 The Honorable Robert Baldwin, the Attorney-General in 
 the Government of that clay, had come to know Mr. Gowan's 
 ability in this way and had formed a very favorable opinion 
 of him, and so it happened that just about the time of his 
 appointment Mr. Baldwin employed him in drafting a 
 measure respecting municipal government, and afterwards 
 during the time he was in power, Mr. Gowan lent willing 
 aid in drafting or revising a number of measures promoted 
 
 Althovigh I was safely out of the way when the Local Government bill of 
 1888 was in the way, I know the toil which it involved, as I prepared the 
 Local Government bills for different ministers, none of which saw the light, 
 except a l)ill brought in by Mr. Goschen in 187 1, which was never fully dis- 
 cussed, ^s the fouttdation for these bills, I prepared abstracts and memoranda 
 of law which would fill a folio volume of considerable size. Again, supposing 
 a man to have mastered the whole of the subject matter with which he has to 
 deal, do not imagine the expression of a series of complicated enactments is 
 an easy task. * * Try to formulate a scheme for establishing, say a friendly 
 society, and you will see how great is the difficulty in expressing on paper, 
 and in a manner which cannot be misconstrued, even simple propositions, 
 still more the intricate provisions by which the new law has to be reconciled 
 with the old. I have purposely said this to glorify my old of^ce, for I was, 
 while I held it, one of the best abused of Her Majesty's subjects." 
 
 Such are the views of this Nestor amongst Parliamentary draftsmen. He 
 was right in every particular, for the draft bill for any important or general 
 change in the law represents only a small part of the draftsman's labors. He 
 is also right in saying that du'ing the preparation of a bill the draftsman must, 
 of necessity, be in constant communication with the minister in charge of the 
 measure. 
 
 The difficulties are enhanced to the friendly non-official draftsman, as for- 
 merly in Canada, who has no subordinates to aid him, even in the manual 
 work, for the confidence reposed in him forbids his seeking outside aid of 
 any kind. And his brief for the use of the minister he aids must, of necessity, 
 be full and complete, for when the measures come up for debate, he may not 
 be in the way for offering explanations or answering objections that may be 
 urged. In Canada, he has, in fact, to do nil the English official draftsman 
 has to do and more. 
 
«7 
 
 by that gentleman, some of which were placed in the 
 Statute book, notably one relating to municipal law.* 
 
 It was so also in the case of Sir William Richards when 
 Attorney-General. What that distinguished man char- 
 acterized as the ** voluntary and patriotic aid Mr. Gowan 
 was willing and able to lend public men in preparing and 
 revising important measures of law reform," was cheerfully 
 rendered to him, in respect to a number of measures brought 
 into Parliament during the whole time he was Attorney- 
 General and upon many occasions, public and private, he 
 took occasion to acknowledge Mr. Gowan's services.*!* 
 
 * Mr. Dent, in his "Canadian Portrait Gallery," published in 1880, makes 
 the following reference to the fact : " His skill, as a legal draftsman, was such 
 that Mr. Baldwin, who, at the time of Judge Gowan's appointment, was 
 Attorney-General for Upj^er Canada, availed himself of his services in pre- 
 paring various important measures, which were afterwards submitted to Parlia- 
 ment. This was a remarkably high compliment for a young man of twenty- 
 five to receive ; but there is no doid)t the compliment was well merited, for 
 the measures so prepared were models of compact statutory legislation, and 
 gained no inconsiderable eclat for the Administration. The example set by 
 Mr. Baldwin, has since Iieen followed by other Attorneys-General, and Judge 
 Gowan has thus made a decided mark upon our Canadian legislation and 
 jurisprudence." 
 
 And the "Canada Law Journal," of November, 1883, uses the following 
 language : " It is well-known that many important Acts of Parliament, and 
 many valuable amendments of existing Statutes, have originated in his fertile 
 brain ; and any suggestion coming from this eminent Judge, with his known 
 experience and ripe judgment, it may well be believed, was eagerly .nnd gladly 
 made use of by the officers of the Crown, for the time being, and speedily 
 these suggestions would be found reflected in the Statute book." 
 
 + The aid "freely given was as generously acknowledged," and an incident 
 is mentioned in the brochure we have before referred to in this connection. 
 Tn 1863, on Sir William Richards' first appearance, as Chief Justice of Ontario, 
 in Mr. Gowan's judicial flistrict, the grand jury, in thfir final presentment, 
 referred to the several beneficial measures in connection with the law and its 
 
68 
 
 The most cordial relations existed between Sir William 
 Richards and Judge Gowan up to the time of the former's 
 death, and on occasions when congratulations came pour- 
 ing in on Judge Gowan, the congratulations of his friend 
 Sir William were never wanting and were always warm 
 and appreciative. 
 
 The Honorable John Sandfield Macdonald, Attorney- 
 General and Premier of Ontario, was another public man 
 who frequently sought Mr. Gowan's advice and assist- 
 ance in measures relating to the Courts and civil and 
 criminal administration. He had conceived the idea of 
 " fusing law and equity," and his Government issued a 
 commission to enquire into the condition of the Courts 
 with that in view. The commission consisted of Judges, 
 of whom Mr. Gowan was one.* 
 
 The matter was worked out with a view to a report, and 
 a biilf drafted to give it effect ; but a change of Ministry 
 
 administration, he had placed upon the Statute book. In acknowledging 
 their address, he claimed that his measures were beneficial, and that he might 
 fairly claim also the credit every public man deserved for advocating them in 
 Parliament ; but, with regard to them and several other important measures 
 relating to administration, he was indebted to Judge Gowan for drafting them, 
 and he felt called upon to state that the country was mainly indebted to Judge 
 Gowan, with whom the suggestions had originated, and he had reason to 
 believe that other Attorneys-General had availed themselves of the sugges- 
 tions and assistance of this same .. idefatigable authority on important measures 
 of law reform. 
 
 *The chairman was Sir Adam Wilson, with Mr. Chancellor Strong, now 
 Chief Justice of the Suiireme Court, Mr. (;wynne and Mr. Patterson, both 
 afterwards Judges of the Supreme Court, and Mr. Gowan, 
 
 t The bill referred to was jirepared during a vacation visit Judges Gwynne 
 and Patterson paid Mr. Gowan at Harrie, and was the work of these three 
 menibeis of the commission. 
 
69 
 
 occurred, and the matter was put an end to, the commis- 
 sion being superseded before reporting. 
 
 Mr. Macdonald was in the House of Commons and 
 became Premier of Ontario. He was not an active law 
 reformer, but introduced and carried some valuable meas- 
 ures, both in the Dominion Parliament and the Provincial 
 Legislature, in all which he sought the assistance of Judge 
 Gowan. His Act for the speedy trial of criminal offen- 
 ders without a jury was a most important one, and far 
 reaching in operation, quite beyond, it is thought, what 
 Mr. Macdonald had contemplated when he introduced it. 
 The bill introduced made no adequate provision for se- 
 curing uniformity of procedure, and after it became law 
 It was obvious that it must prove a failure unless something 
 were done to secure uniform action by all the Local Judges 
 empowered under the new Act. When Mr. Macdonald 
 became aware of this fact, he invited Judge Gowan to 
 confer with him, and approved a course of action suggested 
 by Judge Gowan which empowered the Judge to commu- 
 nicate with all the Local Judges on behalf of the Govern- 
 ment, urging them to adopt the Rules which had been 
 prepared. And Mr. Gowan was authorized to communi- 
 cate the approval of these Rules by the Attorney-General 
 to the Local Judges, who in their turn signified the adop- 
 tion of the Rules, each for his own jurisdiction. 
 
 "The County Judge's Criminal Courts" now dispose of 
 the greater part oi the criminal business of the country 
 with speed and economy, as was the design in constituting 
 them. The whole work of these Courts is promoted by a 
 local Crown prosecutor— the Crown Attornev— an officer 
 
70 
 
 appointed under Sir John Macdonald's admirable system 
 of Crown prosecutors, of which a word will be said later 
 on.* 
 
 With that great and enlightened statesman, Sir John A. 
 Macdonald, Jud^e Gowan enjoyed a warm friendship for 
 nearly forty years, and was in the most confidential rela- 
 tions with him for almost the whole time he swayed the 
 destinies of the country, constantly working for him in the 
 preparation of his legal reforms, frequently staying with 
 
 * The following extract from a brochure on the " Office and Duties of the 
 Ontario County Judge," published in 1876, will give some idea of the nature 
 and operation of "The County Judge's Criminal Courts, "and the large amount 
 of work they performed, even at that early date : 
 
 '^ A Criminal Court has recently been established in every county in 
 Ontario — The County Judge's Criminal Court— and of this the Judge is sole 
 J udge. It is a tribunal invested with new and most important powers, viz. : 
 Without a jury, to hear and determine, with some few exceptions, all indict- 
 able offences — felonies and misdemeanors — known to the law, save offences 
 punishable with death, but with a right of election to prisoners to be tried by 
 a jury, if they so ilesire. A very large number of criminal cases are disposed 
 of yearly in these Courts, thus greatly reducing the work of the higher Crim- 
 inal ("ourts, as well as the cost of the administration of jus:tice, and, moreover, 
 saving lime and money to both grand and petit jurors, as well as to litigants 
 having Inisiness at these Courts. 
 
 "As the County Judge's Criminal Court is constantly in session, and indeed 
 has power to meet even while the grand jury are in session, the accused, if 
 not guilty, is speedily released, if guilty, prompt punishment follows the crime. 
 No such tribunals exist in the Maritime and distant Provinces ; and the juris- 
 diction in the Province of Quel)ec is not worked out by Judges answering to 
 the County Judges in Ontario in a Court constituted by the Provincial Legis- 
 lature for the special purpose. It is believed that not less than one thousand 
 criminal cases for indictable offences were tried, without a jury, by the County 
 Judges of Ontario, during the eleven months past of the present year, 1876 — 
 probably more than three times the number that were tried at all the other 
 Criminal Courts in the Province before a jury." 
 
71 
 
 him at his residence at the seat of Government some time 
 before each session of Parh'ament, engaged in the pre- 
 paration of measures for the improvement of the law and 
 its administration intended for submission at the ensuing 
 session. 
 
 The summary above given, of draft and technical work 
 done for Sir John Macdonald, is by no means exhaustive, 
 but refers to the more important measures drafted by 
 Judge Gowan, several of them his own suggestion, such as 
 the Crown Prosecutor system, the assimilation of the law 
 of Probate and Administration to the English model, and 
 the improvement and extension of the Local Ck^ irt system. 
 The Common Law Procedure system had been suggested 
 by Chief Justice Draper, and the bill was the joint work 
 of that gentleman and Mr. Gowan. 
 
 To enter upon a full account of Sir John Macdonald's 
 law measures, or even outline them, would occupy far 
 more space than can be given in this Memoir. It would, 
 in fact, be to give the history of law reform for more than 
 a quarter of a century, both in United Canada and in the 
 Dominion. Our present concern is with the friend who 
 rendered the Premier willing service as a draftsman in 
 that branch of the great man's work. We must content 
 ourselves with a general enumeration,* and the testimony 
 
 * One of the hills introduced hy Sir John Macdonald provided for the 
 appointment by the Crown in every county of a pernianeni resident officer, 
 designated "The County Crown Attorney," a barrister-at-law of a certain 
 standing, to aid in the local administration of justice, and to perform the clutie> 
 assigned to him. The bill assigned to him the following duties : 
 
 I. To receive and examine all information.^, examinations and other papers 
 connected with criminal charges which magistrates and coroners were required 
 
72 
 
 which Sir John Macdonald himself bore to the value of 
 the assistance rendered to him by his friend Judge Govvan. 
 A few expressive words addressed to Mr. Gowan under 
 date lo July, 1890, clearly shows his estimate of that gen- 
 tleman's services, " When I consider all you have done in 
 the way of legislation for all Canada, and especially for 
 Ontario, I come to the conclusion they both owe you a 
 large debt of gratitude. * * I, for one, can never forget 
 all you did for me." And this was but in keeping with 
 reiterated public expressions from an early date by Sir 
 
 to send to him, and, where necessary, to cause cases to be farther investigated 
 and additional evidence taken. To see to the attendance of witnesses, so that 
 prosecutions at the Assizes and Sessions should not be delayed, or fail through 
 want of evidence. 
 
 2. To institute and conduct, on the part of the Crown, at the Court of 
 Quarter Sessions for his county, all prosecutions for felonies and misdemeanors, 
 in the same manner as law officers of the Crown at the Assizes, and, with one 
 exception, with like rights and privileges. 
 
 3. To watch the conduct of criminal cases at the Sessions, where they 
 presented the features more of a private injury than of a public offence ; and 
 he was empowered to assume wholly the conduct of any case where justice 
 towards the accused seemed to demand his intervention. 
 
 4. To deliver papers connected with criminal business at the Assizes to 
 the Crown officer in attendance, and to hold himself ready to assist in prose- 
 cutions, and, in the absence of a law officer of the Crown, to take the conduct 
 of the criminal business at th( A*^ 'zes in his county. 
 
 5. To institute and condiici summary proceedings before magistrates for 
 offences touching "The public revenue, the public property, the public domain, 
 the public peace, the pulilic health, and any other matter made punishable on 
 summary conviction before magistrates ;" and he was empowered to institute 
 such proceedings on a complaint in writing, or, as publi<- prosecutor^ in cases 
 wherein the public interests required the exercise of such office. 
 
 6. To instruct magistrates, upon request, respecting criminal charges 
 brought before them for preliminary investigation or adjudication. 
 
71 
 
 John Macdonald. Indeed, he took every occasion to ac- 
 knowledge Mr. Govvan's friendly assistance, both to his 
 colleagues and to the public, always speaking in warm 
 terms of Judge Gowan and the aid he had received from 
 him. 
 
 It will be in order to quote his language in 1866. When 
 entertained by the Law Society of Upper Canada, on Sir 
 John's health being proposed by the chairman, who referred 
 to his twenty-five years of office, the wise and well con- 
 sidered legislation promoted by him during that time ; 
 
 7. To perform such other services touching the office of Crown Attorney, 
 and the prosecution of criminal offenders, as the Governor, l.y regulations in 
 Council, might direct. 
 
 Such were the leading features in Sir John Macdonald's bill. It was 
 accepted by both branches of the Legislature, almost without debate, and 
 became law. 
 
 It was one of the most sweeping and beneficial measures ever passed in 
 Canada respecting the administration of criminal law, and at once accom- 
 plished a most beneficial change in the prosecution of crime, and that without 
 trenching upon existing rights. Something of the kind, but not so searching 
 or complete, had long been urged for England by its leading jurists, but little 
 has as yet been accomplished in that direction. 
 
 The system has now been in operation in Canada between thirty and forty 
 years, and, if judged by the result, the County Crown Attorney system has 
 amply justified the foresight and wisdom of the great statesman by whom it 
 was introduced and promoted. Under it the department of Government 
 charged with the administration of justice was at once supplied with confi- 
 dential agents, appointed by the Crown, in every county. The detection, 
 i)ursuit and punishment of criminals was no longer a matter of hap-hazard, 
 or left to the individual sufferer, but was confided to trained professional men, 
 always ai rapport with the chief law officers of the Crown. 
 
 The Crown Attorney was, in many particulars, placed in a similar position 
 to the Public Prosecutor in Scotland, and the excellent system existing in that 
 country for centuries had evidently been kept in view when framing this 
 measure. 
 
74 
 
 Sir John, in the 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 assistance 
 he received from Chief Justice Draper, an "able legal 
 draftsman," paid a handsome compliment to Judge Gowan: 
 "to whom, next to Sir James Macaulay 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 you refer to these, you will recog- 
 nize the careful and legal mind and hand of my friend 
 
 When Mr. Gowan visited England in 1870, Mr. Russell Clurney, Recorder 
 of London, took occasion to consult him respecting a scheme he was consiiler- 
 ing for the appointment of a Public Prosecutor in England. A hill for the 
 jnirpose was subsequently introduced by Mr. Gurney, and printed by order of 
 the House of Commons in February, 187 1. 
 
 Another measure of Sir John Macdonald's, of great importance, may also 
 be referred to. 
 
 The law with regard to Probate and Administration was in a very crude 
 and objectionable condition when he determined to improve it. The proce- 
 dure was alike imperfect and complicated. By the bill, a perfect system of 
 <lccentralization, for public convenience, was established, and a proper pro- 
 vision for appeals instituted. We can only give an outline of the general 
 jurisdiction, showing the nature of the important changes made, and the 
 general range of power conferred. A "Surrogate Court," as it was called, 
 was established in each county — a Court of law and record, over which one 
 Judge was to preside; a registrar and necessary officers were to be appointed ; 
 all jurisdiction was to be exercised in the name of the Queen, and the tribunals 
 were divested of all ecclesiastical aspect. To these Courts was given full 
 jurisdiction in all matters relating to the granting of probates of wills, and 
 committing of letters of administration of the goods of persons dying intestate, 
 having estates in the country, and to hear and determine all questions and 
 suits in relation to all matters testamentary. 
 
 The granting of probate or administration was primarily to belong to the 
 Court of the county in which the testator or intestate had his fixed place of 
 
75 
 
 Judge Gowan." As well put also by a graceful writer : 
 "Judge Gowan was a pioneer Judge, he is yet an erudite 
 lawyer, and a leading mind in all great law reforms." 
 
 Sir John Macdonald's abiding appreciation of Judge 
 Gowan's constant services was well brought out some 
 seventeen years later, in a letter from him, dated 6th 
 November, 1883, to Sir John Rose, Bart., at one time 
 arting High Commissioner for Canada, as the following 
 extract will show : — 
 
 *' He is an old and valued friend of mine ; he has just 
 retired from his Judgeship after a service of some forty 
 
 abode; and if he resided out of the country, to the Court of any county in which 
 the deceased left personal property. The Judge could grant probate or admin- 
 istration at any time, and each Court sat four times in the year, for the disposal 
 of contentious business, and could cause fjuestions of fact to be tried by a jury. 
 When not otherwise provided for under the Act, the jiractice of these Surro- 
 gate Courts, so far as the circumstances of the case would admit, were to 
 be according to the practice of Her Majesty's Probate Court in Kngland, to 
 which, indeed, the Canadian tri])unals were closely assimilated in power and 
 practice. 
 
 On the Surrogate Courts also were bestowed the exclusive jurisdiction and 
 right of appointing guardians to infants, who have no father living or any legal 
 guardian, to take care of their persons and charge of their estates. An ajjpeal 
 lay by a simple procedure to the Court of Chancery from every decision of 
 these Courts ; and the whole modus operandi had all the benelit of decentrali- 
 zation, and was inexpensive and expeditious. We have already referred to the 
 Rules for detailed procedure under the Act, in which Mr. Gowan had part. 
 
 These two measures yet remain on the Statute book, almost in the very 
 terms they were introduced by Sir John Macdonald, and the fact is proof of 
 their excellence and completeness. The same may be said of the most of Sir 
 John Macdonald's legal reforms, with the excei)tion of the Common Law 
 Procedure Act, regulating civil procedure, which, on the amalgamation of the 
 Courts of law and equity in Ontario, after the plan of the English Judicature 
 Act, was necessarily changed. 
 
^6 
 
 years. During his incumbency he has worked earnestly 
 with the work of legislation and in the improvement of 
 our laws, both civil and criminal, besides helping me while 
 Attorney-General for Upper Canada and Minister of Jus- 
 tice. He has been engaged in the Consolidation of the 
 Statutes of Canada and Ontario. In fact he has worked 
 steadily on the improvement of our laws for years ; and 
 he might, had he been so disposed, have gone on the 
 Queen's Bench or Common Pleas, but he preferred his 
 comfortable and beautiful home at Barrie and his learned 
 leisure. It was fortunate for the country that he did so, 
 for he has had time to prepare laws, as well as to admin- 
 ister them, which he could not have done had he accepted 
 such promotion."* 
 
 What Sir John Macdonald said and wrote was not 
 merely the expression of a public man acknowled^^dng 
 public and personal service rendered ; the most confiden- 
 tial relations existed between the two men, and that 
 entirely unselfish in character, for Judge Gowan neither 
 sought nor expected favors of any kind from the Minister, 
 and had indeed declined the highest judicial preferment 
 when offered to him, as mentioned by Sir John. 
 
 Indeed, it is evident from the tenor of the Premier's let- 
 ter to Mr. Gowan in 1885, after his retirement, that even 
 
 * In the session of 1892, Sir John Thompson, in his speech on the criminal 
 code, thus referred to Judge Gowan : "The attention of Parliament and the 
 public has been dfrected to the grand jury question very forcibly, by a member 
 of the other branch of Parliament— a member to whom I am sure both Houses 
 owe a great deal of gratitude, for the pains and the care and the attention he 
 has devoted to legislation, during many years of a useful and honorable life. 
 1 refer to Senator Gowan." 
 
the unsought position of Senator was pressed on his 
 acceptance by Sir John Macdonakl, who says : " At last 
 the opportunity has arrived for which I have long waited, 
 of being able to offer you a Senatorship. * * When 
 the appointment (if you accept it, and I earnestly hope 
 you will) is announced it will be put upon the ground of 
 the great benefit it will be to the public to have an 
 experienced juris consult like you in the Upper House ; 
 telegraph me * yes or no,' and be sure to say ' yes !' " 
 
 So far with regard to the judicial and technical legal 
 services rendered by Judge Gowan, but these by no means 
 covered all the useful labors of his long career. Others 
 we shall now refer to. 
 
 In the organization of the Municipal system of Ontario 
 the Judge took a great interest, and was rightly said to 
 have largely contributed to its practical and efficient work- 
 ing. " Living, himself, after his appointment in a new 
 district — brought into daily contact with the immigrant 
 and the old settler, forced to hold his early Division Courts 
 in localities to which, for a time, the only means of access 
 would be a bridle path, and the only means of locomotion 
 a saddle-horse or one's own stout legs — he was brought 
 face to face with the wants and peculiar requirements of 
 settlements hewn out of the primeval forest, and the learned 
 Judge thus acquired a practical experience which was open 
 to few. This special knowledge, added to his well known 
 legal attainments, and the confidence which was felt in his 
 judgment and knowledge in high quarters, gave him the 
 opportunity to mould much needful and practical legisla- 
 tion — legislation which otherwise would have been largely 
 
;8 
 
 theoretical and of questionable value. In all such matters 
 Jud^e Gowan did not confine himself solely to the limited 
 sphere of his local judicial duties, but with pen and voice 
 broui^dit under public notice any notable abuse, or sufj- 
 j^estcd some sensible amendment of the existin^f law, which 
 would bring order out of chaos, and tend to reduce the 
 constant friction which is an incident to all newly devised 
 systems, no matter how carefully framed. Through such 
 labors as his — and the labors of many others, too, who are 
 entitled to be credited with efforts in the same direction — 
 wc have perfected a most flexible and workable system of 
 local self-government, which is a boon to the various local 
 communities." * 
 
 Dr. Bourinot, the learned author of "Parliamentary Pro- 
 cedure," in his work on " Local Government in Canada,' 
 published by the ''Johns Hopkins University," quotes a 
 letter to him from the Judge touching the progress and suc- 
 cessful working of the municipal institutions established in 
 the Province. We give the matter as presented by Dr. 
 Bourinot: " The author has had permission to make the 
 following extracts from an interesting letter received by 
 him from the Honorable J. R. Gowan, LL.D,, of Barrie, 
 Ontario, who was for over forty years actively engaged in 
 the Judicial office, and who, in the course of his useful 
 career, had very much to do with perfecting the flexible 
 system of local government which the Province now 
 enjoys : " 
 
 "*I have been familiar with our modern municipal sys- 
 tem since it was instituted, and, with the exception of the 
 
 * n 
 
 Canada Law Journal," 1S83. 
 
first statute passed in l«S4i, batl somctliiiif^ to do with the 
 preparation or criticism of nearly every aniendinj^ Act, up 
 to the time of Mr. John Sandfieki Mactlonald's adminis- 
 Ir.ition. 
 
 '" I was rather op[)osed to the measure of decentrahza- 
 tion — iho establisliment of township councils — wliicli did 
 not work at all well at first. Many of the men selected 
 for some time thereafter had neither the education nor the 
 experience to enable them *Cy work advanta<^eously under 
 the law and as respects county councils, thoui^h the num- 
 ber of members was large, their proceedings were in effect 
 shaped and directed by a very few leading men. All that 
 is changed, and the new generation are, for the most part, 
 trained very fairly in the work of deliberative bodies, first 
 as school trustees, then in the town and township councils. 
 Above all other things, our excellent school system has 
 diffused the benefits of a sound education, and given the 
 new men enlarged views. Without these advantages the 
 municipal institutions of Ontario, with their large powers, 
 and the indisposition of men of means to take part in them, 
 would have been ere this a curse to the country. The 
 county councils are now practically schools in which men 
 are graduated in procedure and debate, and taught some- 
 thing of the art of self government. It is largely from 
 these bodies that aspirants for the House of Commons and 
 Legislative Assembly come. I can remember tiiat, in my 
 own county, some eight men of this class have, in the 
 course of years, presented themselves for the former body, 
 and of these five were elected ; and that nine men have 
 been returned out of twelve candidates who offered for the 
 
$0 
 
 Local Legislature. I take some credit to myself for an 
 effort from the first to inspire the body in my own county 
 with a respect for the position. I endeavored to impress 
 on them my views of the advantage of doing things de- 
 cently and in order — especially the value of well defined 
 rules of procedure, and the importance of a strict adherence 
 to them, and of being governed in matters not fully defined 
 by the usages of Parliament. Even in the matter of 
 externals, the county council of my county has shown a 
 proper spirit, for some forty years ago the warden assumed 
 gown and cocked hat while in the chair — a usage kept up 
 by all these officials ever since. 
 
 "'The result of the establishment of local government 
 in Ontario has exceeded my most sanguine expectations. 
 I have, on several occasions, listened to debates in the 
 county council, conducted with considerable ability and 
 with as much decorum as one finds in the highest delibera- 
 tive bodies in the country. The county council sitting at 
 Barrie is the largest body of the kind m Canada, num- 
 bering some sixty reeves and deputy reeves ; and the 
 proportion of fair debaters is quite up to that of any 
 Legi:.lature I know of. But the number is now too great : 
 that arises from the rapid increase in the population of 
 many municipalities. As good and, perhaps, better work 
 might be dene with half the number. The time is fast 
 approaching when the number must be limited ; but it is 
 difficult to settle the proper basis of representation, so 
 marked is the difference in the populations of the several 
 townships and towns. 
 
 "•Taking it all in all, however, musrcipal government 
 
8i 
 
 in Ontario is a success ; there is nothing elsewhere equal 
 to our system. It has its evils ; amcngst them, the mode 
 of assessment by officers appointed in and actin<( for each 
 locality. " Loi^-roUinf^ " is not unusual when the assess- 
 ment of the county comes to be equalized. lUit on the 
 whole, I repeat, the system has turned out well, on account 
 of the diffusion of education and the general distribution 
 of property, not to speak of the race of Hritish blood who 
 have developed it. 
 
 "*Thes2 causes, toijethcr with aiuiual elections, have 
 been the ijreat safej^uards for the due execution of the 
 large powers conferred on the municipal bodies.'" 
 
 " To the foregoing testimony, I may add the following 
 passage from an answer, by the same high authority, to 
 an address presented to him not long since, by the council 
 of the county of Simcoe, where the municipal system has 
 been worked out in its completest form : " 
 • "'We can now fairly claim that we possess the most 
 perfect system of municipal government enjoyed by any 
 country, and have proved that an intelligent and educated 
 people may be safely entrusted with the management of 
 important matters demanding local administration — mat- 
 ters that would but retard and euibarrass the proceedings 
 of the in'gher legislative bodies, if indeed they were tJicre 
 able to secure the attention they deserved. In many res- 
 pects our county stands foremost, and, having watched 
 its progress from the prin^itivc condition of a ' new settle- 
 ment,' I am filled with admiration of the patient industry 
 and intelligent energy that have accomplished so much in 
 a period of forty-one \'cars. You know that at first we 
 
82 
 
 had barely passable roadways through the 'woods'; that 
 farming operations were conducted in a very imperfect 
 way ; that commerce and manufactures were scarcely in 
 the bud ; that the few schools which existed were imper- 
 fectly served and ill-regulated ; while the municipal system 
 was a recent creation, and, moreover, that ready submission 
 to the law of the land was not universal. Many of you 
 will remember the time when this state of things prevailed, 
 and will know what a contrast presents itself as you now 
 look around you — the whole country accessible by excel- 
 lent roads and, more than that, netted all over with rail- 
 ways ; agriculture, in its various aspects, carried on intelli- 
 gently by an educated farming community ; free public 
 schools, with efficient teachers, unde • a uniform system, 
 within easy access of all ; the laws everywhere respected 
 and cheerfully obeyed ; and last, though not least, our 
 municipal system, permeating every part with its healthy 
 influences — yes, when you look around you, you cannot 
 help feeling that ours is a happy and honorable position, 
 and must 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 labor meets its appropriate reward, and 
 where any deserving man in the counnunity may asi)ire to 
 the highest place and the largest power for serving his 
 country. 
 
 The mu>iicipal councils in his district were very sensible 
 of Mr. Gowan's constant aid, and passed, on many occa- 
 sions, resolutions of thanks to him for his assistance. Some 
 of these addresses we shall have occasion to refer to licre- 
 after. 
 
83 
 
 In the cause of Education, Mr. Gowan lias always been 
 an earnest and conspicuous worker, in connection with the 
 public school system, as well as with the institutions for 
 higher education. He was chairman of "The Board of 
 Public Instruction," in the district, from 1844 to 1871. 
 This body, for some thirty years, performed the duty of 
 examiners for teachers of all grades in the public schools, 
 and, to a certain extent, that of visitors and inspectors. 
 An alteration in the system in 1871, transferred these 
 duties to salaried inspectors and officers working directly 
 under the Education Department, at the seat of Govern- 
 ment. But for nearly thirty years Mr. Gowan faithfully 
 fulfilled the duties of chairman of the board, with advan- 
 tage to the public and acceptably to the members of the 
 board — ministers of the various religious denominations. 
 
 In 1843, a grammar school, with state endowment, was 
 established in Barrie, and a chairman and trustees ap- 
 pointed by the Government, empowered to select masters 
 and superintend the management of the institution. Judge 
 Gowan was appointed a trustee in 1843, and afterwards, 
 on the death of the first chairman, the Rev. S. B. Ardajrh. 
 the rector of the place, was appointed in his stead chair- 
 man of the Barrie Collegiate Institute, to which rank the 
 school had attained. This he held up to 1892, when he 
 resigned, after forty-nine years' service in connection with 
 the institution.* 
 
 * On the 19th December, 1892, when Senator Gowan resigned the position 
 as Chairman of the Collegiate Institute Board, the hoard passed the following 
 resolution, which was published in the i)apers of the day : 
 
 " In accepting the resignation of Senator Gowan of his position as Chair- 
 
84 
 
 The appointments of chairman and trustees were at first, 
 and for some years, made by the Crown ; but afterwards 
 the power of appointing was transferred to the represen- 
 tatives of the people in their county councils, the tenure 
 being for three years ; but Mr. Gowan's appointment was 
 invariably renewed at the expiration of every term. The 
 chairman was elected annually by the board. 
 
 The Barrie institution is, perhaps, the only body of the 
 kind in Canada in which a complete feeling of harmony 
 and action prevailed for half a century.* 
 
 man of the lioard of the IJarrie Collegiate Institute, the board desires to place 
 on record the high sense which it entertains of the services rendered to the 
 institute, and to the educational interests of the community, by Senator 
 Gowan, during his long connection with the board. Senator Gowan has 
 occupied a position on the board for the long period of forty-nine years, hav- 
 ing entered on his duties as trustee in the year 1843. During twenty-one 
 years of that time he has occupied the position of chairman, having been 
 appointed to 'St office in the year 1871. Throughout the whole of this 
 period his sc s have been rendered with unfailing fidelity and punctuality, 
 while his warm sympathy with the work of the institute has contril)Uted mudi 
 to the success of the school, and to the comfort of the staff. I lis thorough 
 knowledge of the law, and his interest in, and acquaintance with the history 
 of educational work in all its relations, were at all times of the highest use 
 to his colleagues, and to the institution of which he and they had the oversight 
 and direction. His genial and judicious conduct in the chair, carried the 
 board through the frequent perplexities of its work without friction, and with 
 the best results for the duties entrusted to it. The board has pleasure in plac- 
 ing this inadecpiate tribute to Senator Gowan's work on its records, and, at 
 the same time, expresses its satisfaction that, though retiring from the position 
 of chairman, he has consented in the meantime to continue to occujiy the 
 position of trustee." 
 
 * It is a remarkable fact that, in forty-nine years, this board had only two 
 chairmen — the Reverend S. 1>, Ardagh and Judge Gowan -and on the latter'.s 
 retirement, his brother-in-law and successor in the office of Senior Judge, Mr 
 
85 
 
 In comit'ction with education, it must be inciitionctl 
 that to Judge Gowati the profession in this I'rovitice owed 
 the estabhshment, in 1855, o^ their first legal periodical, 
 "The Upper Canada Law Journal," which has continued 
 its prosperous career to the present time.*' 
 
 To this publication he was, for many years, the main 
 and almost the only contributor of original matter, and 
 afterwards largely aided with material support to keep the 
 publication abreast of the requirements of the day, and 
 
 ' "^ ■■ — — — — — ■■■ — ■'■■■■ -.. ^ 
 
 J. A. Aniagli, was elected chainiian. Tlie institution itself has always been 
 conspicuous for the liigh standing of its masters, the excellence and thorough- 
 ness of its work, and is one of the most popular seats of learning in the 
 I'rovincc. Many men who have attained eminence in the professions, as well 
 as in public life, hail from this school. 
 
 * The profession had no organ in the Trovince, and those outside of Toronto 
 were at a great disadvantage in respect to judgments in Chambers, which, if 
 tliey reached them at all, came in a very imjicrfect form ; and, moreover, the 
 decisions of the local Judges were not in any reports, and the value of many 
 ()f them was confmed to a single district. There were several hundred local 
 Courts, with two or more officers fur each who naturally desired to know what 
 was doing in other Courts. And so with regard to the numerous nuuiicipal 
 bodies throughout the country, there was no medium of comnnmication be- 
 tween them, no means of learning anything of their doings, unless a case came 
 U]) in appeal to the Courts at Toronto. There was small prospect, under such 
 a condition, for securing uniformity of practice and ]n-ocedure. 
 
 Judge C;owan thought that if a legal journal could be esta])lis])ed, at first 
 mainly directing its efforts to local administration of every kind, nnich good 
 might be accomplished, and that such a publication would, in the end, lead 
 to something better, lie was essentially a law reformer, and, seeing difiiculties 
 in reaching the public through an impartial publicaticm that he could ]iroperly 
 communicate wilh--a non-political jt)urnal~he openetl a suggestion for the 
 establishment of such a law publication to the Honorable James ratlt)n, who 
 was then the i)roprietor of a political journal published in l>arrie. After a 
 conference between them, it was agreed to publish a monthly law journal, for 
 which Mr. Cowan was to sui)ply all the leading articles, Mr. I'atton taking 
 
86 
 
 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 man\' improvements in the law, advo- 
 cated in the early years of the " Law Journal," are now to 
 be found on the Statute book. With the same unselfish 
 feeling, Judge Gowan was ever ready to aid those who 
 entered the field of legal literature. 
 
 charge of all the details and printing at his newspaper office. The Judge's 
 name was not to appear, but everything in the paper was to l)e submitted for 
 his approval. He advanced the money for suitable type, etc., and agreed to 
 indemnify against any loss in publication ; but any profit in the concern was 
 to belong to Mr. Patton, and he was to hold himself personally liable for 
 necessary outlay, having the whole pecuniary advantage from the publication. 
 Mr. Patton secured the assistance of his partner, Mr. Hewitt Bernard, 
 afterwards Deputy Minister of Justice, and for s(mie years tl is arrangement 
 continued until Mr. Patton left the district. The Judge, tUuing the whole of 
 that time, wrote the leading articles, and contiil)uie(l more than two-thirds of 
 the remaining original matter. Such plant as there was, and all right in the 
 publication, belonged to Judge Gowan, and when Mr. I'atton and Mr. Ikrnard 
 gave up, the publication was handed over by Mr. CJowan to Mr. Richard 
 Bernard, Barrister, on similar conditions, and afterwards, when the place of 
 publication was changed to Toronto, Mr. Gowan arranged for its conduct by 
 Mr. W. D. Ardagh and Mr. R. A. Harrison, Barristers. The former of these 
 gentlemen became a Judge in Manitoba, the latter Chief Justice in Ontaricj. 
 Finally the publication fell inU) the hands of Mr. Henry O'Brien, Barrister, 
 who was a writer in the journal, and he still continues to publish it. The 
 journal has been in existence now for some thirty-tive years, and during the 
 whole of that time Mr. Gowan neither sought nor obtained any profit from the 
 publication or the moneys he invested in the undertaking. After Mr. Harrison 
 iK'came connected with the Law Journal, Mr. Gowan wrote only occasionally 
 for it, but in its early years he used it largely in advocating many law reforms, 
 several of which were adopted by the Legislature and became law. Although 
 it was a sort of open secret that Mr. Gowan really controlled the journal, his 
 n me never appeared upon it, as editor or conductor. 
 
87 
 
 In this connection may also be mentioned the ever ready 
 aid Mr. Govvan was willing to gWc to those anxious and 
 able to pay something of the debt that every man owes to 
 the profession to which he belongs. 
 
 Mr. Gowan had been collecting material with a view to 
 a work on municipal law ; all this he placed at the disposal 
 of the late Chief Justice Harrison, when he found that that 
 irentleman had undertaken such a work, and read and 
 revised upon every page of the " Common Law Procedure 
 Act" and " Municipal Manual," as Mr. Harrison, in his pre- 
 face and otherwise, most gracefully acknowledged. And 
 so with Mr. O'Brien, in his well-known " Manual on Divi- 
 sion Court Law ;" and Mr. Boys, now a Junior Judge in 
 Mr. Gowan's old Judicial district, in his excellent work on 
 " Coroners,'^— the Judge showed the same desire to aid 
 young authors. Both these gentlemen expressed their 
 appreciation and respect by dedicating their works to 
 
 him.* 
 
 Moreover, during the whole time Mr. Gowan sat on the 
 Bench, he took occasion, in his addresses to grand jurors, 
 to deal in an instructive way, critical and suggestive, not 
 merely with questions of jurisprudence, but with a variety 
 of kindred topics of general interest. 
 
 * A new and greatly enlarged and improved edition of Judge Boys' work 
 on Coroners has just been issued, also dedicated to Senator Gowan, in the 
 following terms: To the Honorable James Robert llinvan, C.M.G., D.C.L., 
 Senator of the Dominion of Canada, to whom, in 1864, was dedicated the lirst 
 edition of this work, I now, after the lapse of twenty-nine years, dedicate this 
 third edition, the last, in all probability, that will be published in acknow- 
 ledgnuMit of a long, uninterrupted and valued friendship, during which I have 
 been the recipient al hi^ hands of many kindnesses, and among which was the 
 original suggestion to me of preparing a work on the office of Coroner>. 
 
88 
 
 His addresses were always well considered and cppor- 
 tunc. The review of recent legislative enactments was 
 frequently a prominent feature in these addresses, and, as 
 remarked by "Bystander" and other public writers: " His 
 utterances always command respect." "His opinions are 
 of great weight, and will doubtless have influence in the 
 discussion of the subject in Parliament." "Judge Gowan 
 always makes a number of sensible and very timely re- 
 marks." " 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 Honorable 
 James 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 com- 
 pendium of the law on the subject. And so with regard 
 to others of his many addresses on the grand jury system, 
 quoted by Mr. Kane in his admirable little work on the 
 
 subject. 
 
 We have given a brief notice of the Judicial labors of a 
 pioneer Judge in Canada, and referred to some important 
 work in the public interest in which he was engaged. 
 Actively employed 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 surprise that much interest 
 should be felt in a career, without ^jarallel for duration in 
 any colony of the PZmpire, 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. His official life 
 was one of uniform and extended usefulness. As was 
 
89 
 
 truly said of Judge Gowan, he was no ordinary man, and 
 In's retirement from office was no ordinary event, and it 
 was but natural to suppose he would carry with him into 
 his well-earned retirement the approving testimony of 
 those who recognize the value of courage, rectitude and 
 ability in the discharge of important public functions. 
 
 Judge Gowan unexpectedly retired from the judicial 
 office in October, 1883; and from the abundant expression 
 through the public press, from the profession, and from 
 public bodies, it will be our pleasant task to select some 
 tributes to his well spent forty-one years in the service 
 of the Crown. It is pleasant to his friends and admirers 
 to know that, notwithstanding his abundant labors, Mr. 
 Gowan is still active in mind and body. lie had refused 
 the highest preferment in the profession; if he had chosen, 
 his age did not preclude the idea of continued judicial 
 usefulness, and every one thought he was determined " to 
 die in harness," He had no doubt undergone trying hard- 
 ships in the early settlement of the new district to which 
 he was appointed, and to which a man with a less elastic 
 constitution would have succumbed.* But though they 
 
 * Living himself, after his appointment, in a new district, the only means 
 of locomotion was a saddle horse or one's own stout legs, for the position of a 
 judge " was attended in those days with a good many inconveniences which 
 have disappeared with advancing civilization. The roads were in such a con- 
 dition that he was generally compelled to make his circuits on horseback, 
 judge (lowan's district was the largest in the Province, and stretched over a 
 wide tract of country, the greater part of which was but sparsely settled. He 
 was freipiently compelled to ride from sixty to seventy miles a day, and to dis- 
 jiose of tlve or six hundred cases at a single s^'-sion. One of the newspapers 
 published in the county of Simcoe gave an accc'unt, several years ago, of some 
 
g6 
 
 were not without producing their effect upon his health, 
 they were not, probably, the operating cause of his retire- 
 ment, lie, himself, says in his address to the Bar: " Let 
 me say one word as to my retirement. As you are aware, 
 this is the largest judicial district in the Province, having 
 a population, notycry long since, equal to that of Manitoba 
 and l^ritish Columbia together. The duties arc very 
 onerous, requiring the services of at least two more active 
 men to perform properly with the promptitude demanded 
 in the various duties made incident to the Judge's office, 
 and I felt the time had come when, in justice to the public 
 and my brother Judges, I should make way for a younger 
 
 of his early exploits, from which account it appears that he was often literally 
 compelled to take his life in his hands in the course of his official peregrina- 
 tions. It describes how, on one occasion, he was compelled to ride from 
 Barrie to Collingwood when the forest was on fire. The heat and smbke were 
 sufficiently trying, but he had also to encounter serious peril from the lilazing 
 trees which were falling all around him. On another occasion, while attempt- 
 ing to cross a river during high water, his horse was caught by the flood and 
 carried down stream at such a rate that he might well have given himself up 
 for lost. He saved hhiiself by grasping his horse's tail, and thereby keeping 
 his head above water until he came to a spot where he could find foothold, and 
 so made the best of his way, more than half drowned, to the shore. On still 
 another occasion, crossing the ice from one point on Lake Huron to another, 
 for the ice extended several miles out into the lake, the whole field of ice 
 moved bodily out from the land, and he barely escaped, his horse having to 
 plunge through the water between the ice field and the shore." — "Law 
 Journal "and "Canadian Portrait Gallery." "Mr. Gowan," says the able 
 and accomplished author of "The Irishman in Canada," " is one of the most 
 venerable and learned figures on the Bench. When, in 1842, Mr. Baldwin 
 made him 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 adventu'es by flood and field would 
 make a little volume : vet he was scarcelv cvtr absent from his duties." 
 
01 
 
 man. My age and uncertain health demanded more 
 repose than I could properly ask or take, and so I sought 
 retirement, and after forty-one years of hard work it can- 
 not be said that my appeal to be relieved was in any sense 
 premature. Indeed, I have the satisfaction of knowing 
 that flis Excellency the Governor-General appreciates, 
 as he is pleased to communicate, my ' faithful, efficient 
 and impartial conduct during my long term of judicial 
 service. 
 
 The Judge could, probably, have gone on without remark 
 or complaint, doing such work as uncertain health per- 
 mitted ; 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 meant a diminished income ; but 
 he had evidently made up his mind as to what was right 
 to do, and did it without hesitation ; not even, we believe, 
 advising with anyone on the subject. Certain it is, as 
 already mentioned, it took the public, the Bar, and even 
 his own intimate friends by surprise, for, up to the day it 
 was announced, he had held the Courts, as well as dis- 
 charged the duties of Chambers, with all his accustomed 
 energy and assiduity. The first'public announcement was 
 in the early part of October, 1883, and a few extracts from 
 the public journals may serve to show the feeling that 
 prevailed. "As we go to press," said the Law Journal, 
 "we notice the retirement 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 experience, and his great service to the country in 
 
92 
 
 numberless ways, can measure tlic loss this will be to the 
 Hencli,of which he was/rtr//r/;7//rr/^. * * Juch^c Gowan 
 occupies as stroni; a position in the hearts of his friends 
 and acquaintances, from his hi^^h 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 heretofore passed his long and 
 useful life. Spotless purity, entire freedom from undue 
 influence, and an earnest desire to do justice, have charac- 
 terized 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 dis- 
 tinguished 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 
 happiness ; and we trust that, in some way or another, 
 the 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 emulate 
 which will be a duty, and to equal which will indeed be 
 difficult." 
 
 In the public press it was generally recognized that, 
 after so long a service, he naturally desired to withdraw 
 from active judicial work. "The esteem for Judge Gowan," 
 said one paper, " extends far beyond official circles : he is 
 well-known in spheres of Christian philanthroi)y, and his 
 ertbrts in doing good have, in many cases, led to hiqipy 
 results." 
 
 "He has been longer on the Heiieh than an)' other Jutlgc 
 in the Dominion, and has made a very honorable record. 
 
93 
 
 t 
 
 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 Government, but of all with whom his duties have 
 brought him in contact. We know of no occupant of the 
 Bench who, by long service and the faithful discharge of 
 his duties, has so richly earned retirement as has Judge 
 Gowan." 
 
 " Whilst we, in common with the community at large, 
 cannot but regret that Judge Gowan has 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 mental faculties were undoubtedly unim- 
 paired and in more than youthful vigor, because tempered 
 by years and enlarged and varied experience, and culti- 
 vated, by not merely legal lore, but by extensive literary 
 reading and study, which it is to be hoped, now that 
 he is untrammelled by judicial fetters, the country may 
 at no distant day reap the benefit of, in some form or 
 other." 
 
 We might multiply quotations in this connection, for 
 the subject was noticed ver}' generally by the public press, 
 and all, without exception, gave expression to regret, and 
 spoke in eulogistic terms of Judge Gowan's varied services 
 during his long career. It is believed they spoke the mind 
 of every thinking man in the community, and we are 
 borne out in this by the language of the presentment by 
 the grand jury for the county in which he resided so long, 
 at the Court next after the Judge's resignation : 
 
 " This being the firs' grand jury that has met since the 
 
94 
 
 retirement of judge. Gowan, we cannot allow the oppor- 
 tunity to pass, without expressing our high sense of the 
 lon^ and faithful service he has rendered in this county. 
 ♦ * We take peculiar pleasure, being in a sense repre- 
 sentatives of the people of this county, in placing on 
 record our high sense of the great esteem and respect in 
 which Judge Gowan has always been held by the residents 
 of this county, and in doing this we know 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." 
 
 To find such unanimity of expression touching any 
 public man is rare, and especially one who, in the position 
 of a pioneer Judge, must have many a time crossed influ- 
 ential interests ; but his fearless honesty was only equalled 
 by the kindly and judicious way in which many an un- 
 pleasant duty was performed. His field of usefulness was 
 larue. and he was restless in his efforts to serve, and, as 
 a consequence, the careers of few public men have been 
 marked by such constant and varied appreciation. The 
 municipal councils all over that large district, on many 
 occasions, in resolutions and addresses, thankfully acknow- 
 ledged his services in connection with municipal insti- 
 tutions. The officers of his Courts rendered cheerful 
 service, grateful for his ready instruction and desire to 
 please. 
 
 He was revered and loved by the profession— many of 
 
95 
 
 his Bar, at the time he retired, he had known from their 
 childhood — and they were justly proud of his well-deserved 
 fame. It might well be supposed that his retirement would 
 elicit expression from these quarters ; but, before speaking 
 of what was then done, we go back to the period in 1868, 
 when Judge (iowan had completed a quarter of a century 
 on the 15cnch. iO mark the occasion, he was presented 
 by the l^ar with a life-sized portrait of himself, in his robes. 
 The portrait was accompanied by an enthusiastic address, 
 expressive of the respect and esteem in which he was held 
 by the donors. We extract a couple of paragraphs: " We 
 feel that to your wise counsels and examples are mainly 
 due the existence of a Bar in this county, which will com- 
 pare favorably with any in the Dominion, and that this 
 result has been obtained without, in the smallest degree, 
 fostering it at the expense of the public interest. * * 
 We believe that to your firm and dignified administration 
 of the laws is mainly to be attributed the comparative 
 freedom from crime which, we rejoice to know, distin- 
 guishes the county of Simcoe, and the respect for law and 
 order which pervades all classes of our community, 
 
 *' The profession have long felt that some public recog- 
 nition of your extended and valuable services on the Bench, 
 and your kindly spirit towards themselves, was due to you, 
 and we now beg your acceptance, at our hands, of this 
 life-sized painting of yourself, in your official chair and 
 robes, as a mark of the respect and esteem in which you 
 are held by us ; and while making it, as we do, your own 
 private property, we ask the favor, that it may for a time 
 be permitted to hang in the Court-room, so that all may 
 
96 
 
 have ati opportunity of scein<( it, and Icartiin;^^ that the 
 profession have paid tribute to your worth," * • 
 
 The occasion also was commcinorated by an adch'css 
 from the municipal council of the district, expressive of 
 their "lively appreciation of his lonj^ judicial service," and 
 assuring,' him '' that the same sentiments of esteem and 
 hii^h respect that animated the council towards him were 
 ecjually shared by the public at lar^re." 
 
 On these graceful acts the public press commented in 
 terms of approval, and it must have been L;ratifyiny^, as it 
 was encouraging-, for him to feel that he retained the regard 
 and respect of the profession, and the representatives of 
 the people, to the very close of his career on the Bench. 
 
 We have already said that the announcement of Judge 
 Gowan's retirement from the 15ench, in 1883, took every- 
 one by surprise ; but it had scarcely become i)ublic when 
 the Bar, the officials of the Courts, and the county officers 
 took steps to give expression to their feelings. At a meet- 
 itig of the l^ar, called on tlie occasion, it was resolved to 
 present the Judge with a suitable address and a testimonial, 
 in the form of a piece of j)late. The officers of the Courts 
 determined to do likewise, as did the county officials. 
 
 These several adilresses — each in itself a fine specimen 
 of the illuminating art —were enclosed in beautifully en- 
 riched frames, and were all three presented to the Judge 
 
 * The address w.is signed hy every member of llie \k\\ and every pracli- 
 lioner in the chstriel. Many of them have since parsed away, and some who 
 have moved to the seat of the Courts at Toronto, as Mr, D'Ahon McCarthy 
 and Mr. William Louni, ^lill retain tiieii business connection witli and are 
 represented in legal lirms in Harric. 
 
97 
 
 on the same occasion, the very day before he left home, 
 for a visit to England. Tiic public journals fully reported 
 the proceedings, and we give a condensed account from 
 the several reports. 
 
 The presentations were made in the large Council Cham- 
 ber, at Barrie, in the afternoon of the r5th day of October, 
 1883. A large assembly of ladies and gentlemen were 
 present to witness the ceremony, besides those who took 
 part in it. " The sombre spectacle of a group of gowned 
 barristers would, at any other time, have compelled the 
 idea of tiresome, intricate 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, solici- 
 tors, officials, 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 cere- 
 mony fraught with much food for reflection. It was a 
 tribute to a life of many years of judicial energy and per- 
 severance, at a time when the institutions of civilization in 
 this part of Canada were only inceptive. It was more 
 than that— it was the crystallized recognition of scholarly 
 distinction in the judiciary of the Dominion of Canada 
 No one acquainted with the history of the subject oi these 
 words can accuse us of fulsomeness, in saying tliat 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." 
 
98 
 
 At about three o'clock p.m., His Honor, accompanied 
 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 : 
 
 His Honor James R. Gozvan, etc., etc., — 
 
 We, the practising barristers and solicitors of the Judicial 
 District of Simcoe, cannot allow the occasion of your 
 retirement from the judicial Bench to pass without testi- 
 fying, however inadequately, the high esteem in which we 
 hold you, and our regret that the relations so long existing 
 between us, are about to be severed. 
 
 The benefits derived by this county during the last 
 forty-one years* from your high attainments and adminis- 
 trative ability, have been incalculable. Courts have been 
 organized ; the legal business has been conducted with 
 precision and decorum ; and the judgments you have 
 
 * Mr. Gowan had the honor of being personally known to the late Lord 
 Cairns, and visited at " Lindesfarne" in the winter of 1884. I" a letter from 
 that great and good man to a near relative of Mr. (lowan, dated Lindesfatne, 
 l8th April, 1884, he thus speaks of the Judge's long services : 
 
 " I read the very graceful adflress presented to Judge (iowan on his retire- 
 ment from the Bench, and his most interesting answer. The term of his occu- 
 pation of the Bench is most remarkalile. I doubt if there has been its equal 
 in tliis country, and I rejoice and wonder at it the more when I see his eye 
 undimmed, his natural force unabated. I will have the opportunity of calling 
 to see the testimonial in London." 
 
 The testimonial referred towns the piece i»f plate presented to Mr. (iowan 
 by the Bar. 
 
99 
 
 given in the vast number of cases that have come before 
 you, have been luminous, di'^nificd and impartial. Nor 
 can wc forget that some of the most important enactments 
 on our Statute book owe their development and moulding 
 into shape to the sagacious advice you were at all times 
 willing to afford when called on by the rulers of the 
 State. 
 
 And not to this place alone have your services been 
 beneficial, for your system of organization, and the exam- 
 ple of your Courts, have spread beyond our borders., and 
 have had marked influence in every county of the Province. 
 But space will not permit us to enlarge on this, otherwise 
 we shoidd be led into a general reference to the affairs of 
 the Province, and possibly of the whole Dominion, so 
 great has been the influence of your abilities and industrj' 
 in various directions, during your term of office. 
 
 To us you have ever been courteous, considerate and 
 kind ; to your discouragement of all that is unworthy, by 
 your inspiring sense of honor, we attribute the high stand- 
 ing we have attained, and we feel assured that the tradition 
 of your career will be long remembered, not only by the 
 generation now living, but by those who may come after 
 us. 
 
 We accordingly contemplate, with affectionate concern, 
 the withdrawal from us of one to whom we owe so much. 
 
 We trust, however, that \'our intended sojourn in a more 
 genial climate will produce every good result, and that, 
 under the care of an all-disposing God, your return to us 
 may be the commencement of a new era in your life, and 
 )ou ma\- be enabled to pursue it w ith continued usefulness. 
 
lOO 
 
 That you may be sometimes reminded of the cordial 
 rchitions tliat existed for so many yaws between yourself 
 and the Bar of the county of Simcoe, we desire to present 
 \'Ou with a piece of plate, whicli we know you will value, 
 not for its intrinsic worth, but for the feelings that prompted 
 the gift. 
 
 The address was handed by Mr. Lount to Judge Gowan, 
 who read the following repl\' : 
 
 Mr. LoiDit and Gentlemen, — 
 
 I thank you with all my heart for the kind address with 
 which you have honored me. I wish I could feel that I 
 fully deserved all you say. Ever sensible of m>' many 
 deficiencies, I tried to make up for them by a laborious 
 assiduity and exactitude in fulfilling 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 much, had 
 I been without the stimulus which a learned and energetic 
 Bar always gives to the Bench. And now, in retiring 
 from the accustomed scene of my labors, and severing the 
 relations that have connected us for so many years, the 
 sadness, to me, is soothed by the regrets you express; and 
 the approving testimony you bear to my humble 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 
 
lOI 
 
 for observation, upon which I sliould h'kc to dwell, but it 
 is not possible to do so at present. This I may say, how- 
 ever : in no particular is progress so marked as in the 
 •growth of the Bar here and elsewhere, in numbers, in 
 influence and trained knowledge. 
 
 The rapid flight of time is brought before me, when I 
 remember that, of the present large Bar, several of the 
 seniors were school boys when I was appointed to the 
 judicial office, and several others were born since my first 
 Court was held in the district. It has been my great good 
 fortune to be surrounded and aided in the discharge of 
 my official duties by those whom I have known from their 
 childhood, and never, in a single instance, has anything 
 disturbed the pleasant relations between the l^ench and 
 the Bar in this judicial district. You can understand, then, 
 how warmly I reciprocate all you can possibly feel towards 
 me. I well know that the industry and ability of the Bar 
 has smoothed many a difficulty for me in the way of 
 judicial investigations, and it is exceedingly gratifying 
 to me to recall the high professional tone which always 
 prevailed, and could always be safely confided in, being 
 grounded on convictions of duty, and a nice sense of honor 
 — securing a liberality in practice beneficial to clients, and 
 speeding the disposal of matters really in dispute between 
 litigants. I am proud to know that this Bar is conspicuous 
 in the Province for the ability of its members, the number 
 who 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 which have secured for our honorable 
 
102 
 
 profession its liigli staiuUng amongst an educated and 
 most intcUii^cnt people, very tenacious of their rights — 
 such is the simple fact ; and if, indeed, I have in any degree 
 impressed upon the profession my v'ews of tlieir honorable 
 and responsible duties, I feci thankful indeed. I may 
 repeat what I said on an occasion similar to the present, 
 that I felt it was right that I should endeavor to discharge 
 every duty, faithfully and fearlessly, to create confidence 
 in and to secure to suitors the full benefit of the several 
 Courts over which I presided, and to impress the public 
 with the feeling of respect never withheld from a Court of 
 Justice, however limited its sphere, where order and deco- 
 rum obtain ; that from the first I felt that this could best 
 be done with the aid of an educated and honorable Bar, 
 who could feel with me that we were all ministers of jus- 
 tice — 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 discharge 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 according to 
 the Bar every privilege they could fairly claim, in fostering 
 a right feeling in their intercourse with each other, in pub- 
 licly combating prejudices against them, I have ever felt 
 I was strictly within the line of duty ; but I think you will 
 acquit me of the weakness which fails to look for the 
 inherent merits of a case in admiration for the skill and 
 zeal of counsel. 
 
 The kind consideration you have always shown me I 
 
103 
 
 have every confidence you will extend to my successors. 
 It is a consolation to me to know that my learned brother 
 Judge Ardagh takes my place; educated in the country, 
 and with an experience of some ten years on the Ik^nch, the 
 profession and the public will not lose by the change. You 
 all know Mr. Boys, who will be the Junior Judge, and his 
 very honorable position at the Bar. With two such worthy 
 men on the Bench of this judicial district, both in the 
 prime of life, the profession and the public, I repeat, will 
 gain by my retirement. 
 
 Though giving up active duty, I shall still consider my- 
 self, in a sense, with harness on my back, being empowered 
 still to take occasional duty ; and I may mention that the 
 Government of Ontario continues me in the position of 
 Chairman of the Board of Judges. 
 
 Let me say one word as to my retirement : As you are 
 aware, this is the largest judicial 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 felt 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 demanded more re- 
 pose than I could properly ask or take, and so I sought 
 retirement, and, after forty-one years of hard work, it can- 
 not be said that my appeal to be relieved was in any sense 
 premature. Indeed, I have the satisfaction of knowing 
 that His Excellency appreciates, as he is pleased to com- 
 
104 
 
 municatc, my " faitliful, efficient and impartial conduct 
 during my lont; term of judicial service." You arc good 
 enough to refer to other work I have been engaged in — 
 I did try to be of some use outside my official engage- 
 ments, when employed in matters of public interest and 
 concern. It was, I felt, only my duty to render such 
 willing aid as was required of me, by those who were 
 anxious to promote all that was good 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 that I am not without a residuum 
 of energy, and I could not well live an idle life. 
 
 I would fain .say more, and with all the warmth that 
 words can convey, but you will know how much I am 
 occupied, as I leave for England to-morrow, and how dis- 
 turbing are necessary preparations, and will excuse my 
 imperfect expression of thanks. I should, indeed, be in- 
 sensate if I were not touched deeply by your kindness. I 
 may well feel honored by this last mark of your regard, 
 by the more than kind words you have addressed to me. 
 I am deeply grateful— but not content with words, you 
 have thought it right to order a piece of plate to be pre- 
 sented to me ; I can but accept your gift at such time as 
 you think proper to give it. I did not need it to deepen 
 the impression your generous ter.timony has made upon 
 me. Whatever it may be, I shall prize it as my mc t 
 valued possession, more to me than any other honor that 
 could be conferred, for you use it to set the seal, as it were, 
 
I05 
 
 to what you in your spontaneous kindness have said. It 
 is not the only token I have had fronj the profession of 
 their regard, and I siiould feel iiumbled to the very dust 
 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. 
 
 I would thank you, once again, for the unbroken atten- 
 tion, respect and kindness 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. 
 
 After a brief interval, the High Sheriff, at the head of 
 the county officials, approached to where His Honor was 
 standing, surrounded by the Bar, and read the following 
 address : 
 
 His Honor James R. Goivau, etc., etc., — 
 
 We, the undersigned officials of the county of Simcoe, 
 having heard, with sincere regret, that your Honor has 
 resigned your judicial office, a position that you have so 
 ably and honorably filled for upwards of forty-one years, 
 to the entire satisfaction of all classes of the community, 
 cannot allow }our Honor to withdraw from your official 
 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 alwa>'s beneficial to us in the discharge of our multi- 
 farious and often perplexing duties. 
 
 We cannot but remember the early da)'s, when )'our 
 official duties re(|uircd \-ou to travel what was then a 
 
io6 
 
 wilderness, but what has since been converted into peace- 
 ful homesteads, peopled by a law-lovinj^ and law-abiding 
 community, and we are not saying too much when we say 
 that the law and order for which this county is noted is, in 
 a great measure, attributable to your Honor's vvise and 
 firm but gentle administration of justice. 
 
 We trust that yourself and Mrs. Gowan may have a 
 pleasant tour, and return before long to the county in 
 which so many of your best years have been passed. 
 
 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 receive the benefit of the vast amount of experience 
 that you have acquired during so long and active a public 
 life. 
 
 To this address, the Judge's reply was as follows : 
 
 Mr. Sheriff and Gentlemen, — 
 
 While it is a source of deep and sincere gratification to 
 me to receive from you an address conveying such kindly 
 expressions of appreciation and regard, I cannot conceal 
 from you that such an occasion as this produces within me 
 feelings of sincere regret, for I know that our association 
 together, as public servants, now practically ceases — an 
 association that has been fraught with pleasant recollec- 
 tions of the work in which we were engaged. If I was 
 able to be of use to you in any way, it is so long since, 
 and the occasions were so infrequent, that I had forgotten 
 it ; and now, no one familiar with the efficient manner in 
 which )c)ur duties are performed, could suppose that you 
 
107 
 
 need aid or sugneslions from any otic. I am happy to 
 acknowledge your courteous and unremitting kindness to 
 me personally, and the great satisfaction I have had in 
 my necessary official intercourse with you for many years. 
 It is well when public officers, who are in close and inti- 
 mate relation of duty, are able to work harmoniously to- 
 gether. It is satisl'actory to themselves. It 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 populous jurisdiction. The very best 
 ofificers are liable to have their acts misunderstood and 
 their services under-rated, and they are sometimes called 
 upon to stand upon their defence. I cannot recollect, 
 however, a single instance in which a well-grounded com- 
 plaint 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 God 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 old harness, and I am sure I should 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 suc- 
 cessors will well and faithfully carry on the work that, as 
 chief magistrate, I inaugurated, and which has been 
 brought to a fair state of completeness through the very 
 efficient help that has been accorded to me. 
 
io8 
 
 T need not allude, in detail, to the many kind things 
 you have said of me in your address. Vou have given me 
 something by which to remember you in the days to come, 
 when I shall not meet you in daily converse ; but partings 
 are sad, and I do not feci equal to more extended remarks. 
 
 I thank you for myself and my wife, for your kind wish 
 in reference to our journey. I will only add that each of 
 you possesses my warm regard, and that I part from you, I 
 hope only for a short time, with earnest wishes for your 
 well being, in both your official and private lives. I bid 
 you a warm farewell. 
 
 Mr. Adam Dudgeon, Mayor of Collipgwood, and Clerk 
 of the Fourth Division Court, then advanced to the table 
 followed by a large number of the officers present, and 
 read the following address, to His Honor : 
 
 We, the officers of the Division Courts of the county of 
 Simcoe, feel that, after so many years of official and i)cr- 
 sonal intercourse with you, it would be impossible for us to 
 permit the occasion of your retirement from active service 
 to pass without giving some formal expression to our 
 sentiments. We regret very deeply that you have found 
 it necessary to resign the position of Senior Judge of the 
 county, which you have so worthily and acceptably filled 
 for so long a period. We desire to express 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 instruc- 
 tion from you in vain, but we have always found you to be 
 ready and willing to assist us in every way to perform our 
 
109 
 
 duties, and full of solicitude for the best interests of both 
 officers and sui*-ors. The relations between a Judge and 
 his subordinate officers are not always of the most friendly 
 description, and it gives us unfeigned satisfaction to be 
 able to bear our unanimous testimony to the unvarying 
 kindness and courteous consideration with which you have 
 at all times treated the Division Court officials of the 
 county. We are firmly of opinion that a great part of the 
 success which has attended the administration of justice 
 in the " People's Court" of this county, is owing to your 
 jealous care and supervision, and to the signal ability with 
 which you have conducted their affairs. As a very slight 
 token of our esteem and regard, we cordially beg your 
 acceptance of the accompanying small gift [a handsome 
 gold-headed cane, on which was engraved His Honor's 
 name, etc.], and it is our earnest hope that your future life 
 may be fully laden with all possible happiness and com- 
 fort." 
 
 In reply, His Honor expressed his regret that the in- 
 timation of this address and presentation came too late 
 for him to write his reply, but his thanks, ho 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 appointments 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 
 
no 
 
 men would be chosen to fill the subordinate Division 
 Court offices, as had been the case in the late appoint- 
 ments. 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 thanking them for the 
 good wishes expressed in the address just read, and the 
 accompanying beautiful present.* 
 
 The piece of plate referred to in the address from the 
 Bar, Mr. Lount explained, could not be procured in time. 
 It was subsequently obtained in England f from "The 
 Goldsmith and Silversmith Manufacturing Company," 
 Regent Strf-et, 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 decorated with shields, enriched with the maple 
 leaf and bearing the Arms of Canada and of the Province 
 of Ontario, as well as a design from the Arms of the Law 
 Society of Ontario, and the recipient's own Arms, springs 
 three columns supporting a canopy, under which stands 
 a majestic figure of Justice. From the centre of the 
 canopy spring three richly wrought branches and a centre 
 stem, each supporting glass dishes for fruit and flowens. 
 
 # II 
 
 "Examiner," iSth October, 1S83. 
 
 t The Bar were fortunate enough to secure the vahiable aid of James Hore, 
 Esq., of Drinagh, Dulwich, England, himself a retired Judge of the Indian 
 Bench, in carrying out their intention in respect to the testimonial, and that 
 gentleman, who is a connection of Senator Gowan, most kindly in their behalf, 
 arranged with the manufacturers as to the design and execution. 
 
1 1 1 
 
 On one of the shields is the inscription : " Presented hy 
 the Bar of the Judicial District of Simcoe, to His Houov 
 Judge Gowan, on the occasion of his retirement from the 
 Bench, as a mark of their appreciation of long and valu- 
 able public services and as a token of their personal esteem 
 and regard. Barrie, i6th Octobjr, 1883. ' 
 
 The cane presented by the Division Court officers was 
 unique, of its kind the finest that could be procured in the 
 country, and the solid gold head bore the following in- 
 scription : " Presented to His Honor Judge Gowan, on his 
 retiring from the Bench, by the Division Court officers, 
 county of Simcoe." 
 
 After the ceremony had closed, the Judge received the 
 warm greeting of his friends, and bade good-bye to those 
 present. 
 
 The whole scene was touching and interesting ; it was 
 the severing of a connection of over forty years, with the 
 spontaneous testimony, of those best capable of forming 
 an opinion, to a well-spent life— to the employnient, con- 
 tinuous and persevering, of rare abilities in the faithful 
 discharge of duty — to abundant and successful effort to 
 promote the public good.* 
 
 * In referring to Judge Gowan's career in Canada, a [troniincnl Dublin 
 journal, "The Irish Times," thus concludes a leading article : " We recognize 
 in the life-work and brilliant success of our brother Irishman, another proof 
 that in the Colonial field Irish success often eclipses that of men of every other 
 nationa'ity, and earns for our people a higher regard in the world. Judge 
 Gowan's scholarship and literary skill, added to his legal (pialities, have ren- 
 dered him one of the most accomplished jurists of Canada throughout many 
 years." 
 
 A leading local journal, referring to Judge Gowan at this time, happily 
 said: "No man in the length and breadth of the land was better known. 
 
1 12 
 
 The sentiments expressed in the addresses were not, as 
 lias been said before, mere words of complimen':, they were 
 evoked by facts ; and moreover, Judge Gowan had won 
 the respect and attachment of those with whom lie had 
 been in contact for many years. 
 
 'ihe Judf,^e left for iMigland the day after the presenta- 
 tion of these atldresses. The first mectinj^ of Simcoc 
 Municipal Council took place at Barrie, the following 
 month. This " House of Representatives," composed of 
 over fift}' Reeves and Deput\'-Reeves, elected by an 
 aimual x'ote of the re<j^istered voters in the several muni- 
 cipalities in ('ouncil, unanimously expressed their regret 
 at Judge (iowan's retirement, and determined that an ad- 
 dress from their body should follow him to England, and 
 that the Council should otherwise mark their high estima- 
 tion 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 
 
 The old Judge, as he was fomiharly called, has been a prominent ligme for 
 half a century, the venerated C'hief Magistrate of two generations. His high 
 legal attainments and keen perceptive faculties were not alone appreciated by 
 the r>ar, the whole country understood and valued his great industry and 
 ability, another instance of the vigor and intelligence of the Celtic race. Like 
 Loul 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 jiatron of the student and a most distinguished 
 Judge." 
 
 * The deputation appointed to pronounce upon the fidelity of the likeness 
 consisted of His Worship the Warden; Colonel Banting, County Clerk; O. J. 
 Phelps, Esq., M.1M\; G. P. McKay, Esq., M.P.P.; Charles Drury, Esq., 
 M.P.P.; Henry H. Hammell, Estp, M.P.P.; William Lount, t:sq., Q.C. 
 
1^3 
 
 business of the Courts was occasional!)' divided, judge 
 Gowan usually sat. 
 
 Not long after, the address, in album form, bound in 
 high art style, and richly and beautifully illuminated, fol- 
 lowed 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 remem- 
 brance from his far off home. 
 
 The address from the Warden and Members of the 
 Council, after referring to the Judge's retirement, declared 
 " they could not allow the event to pass without giving 
 some expression of their very high appreciation, not only 
 of the many kindly services willingly rendered them 
 during that lengthened period, but of the great interest at 
 all times taken by you in the [)ublic affairs of the county, 
 and more particularly of the assistance given in bringing 
 the Municipal Laws of the Province to their present state of 
 great efficiency, and also in the consolidation and revision 
 of the general laws of this Province. And the members 
 of this council have always felt a just pride in the know- 
 ledge of having one to refer to in any matter of impor- 
 tance, and one so willing to give his best assistance at all 
 times." 
 
 "When a man has given the best years of his life to the 
 service of his country — and particularly in such an ardu- 
 ous position as you occupied for many years, in the earlier 
 days, after your appointment as Judge, when the country 
 was sparsely settled, and roads often next to impassable, 
 and even the common comforts of life not attainable — the 
 least those who enjoy the fruits of your labor can do, is in 
 some way to recognize those services." 
 
114 
 
 " The County Council, as a very small reco<^nition of 
 your services to that body, have determined to place a well- 
 executed and framed likeness of your Honor in the Council 
 Ch.unbcr over the seat you liave so Ion*; honorably and 
 efficiently filled ; and they trust you will approve of tliis 
 simple tribute 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 atldress without wishin<^ yourself 
 and Mrs. Gowan 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))arcd in God'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." 
 
 The Judge's reply was subsequently laid before the 
 Council, and appears in the minutes of the following ses- 
 sion. It is as follows : 
 
 To tJie Worshipful Warden ami Mcinhcrs of the County 
 Council of the County of Siincoe, — 
 
 Gentlemen, — Your address has followed me to the 
 Old Land, far away from the dear home where so many 
 happy years of my life were spent amongst you all. Such 
 unexpected kindness touches me deeply, and no language 
 can convey my sincere appreciation of your approving 
 testimony. 
 
 The governing body in the largest and most prosperous 
 county in Ontario, and I might add in the Dominion, 
 representing not merely its municipal powers, but its 
 
H5 
 
 intcllij^eiicc, its a[,^ricultinal, commercial, manufactiirini; 
 and professional interests, I may well feel honored in hav- 
 ing received such an address from gentlemen whose posi- 
 tion commands respect for their testimony ; and, although 
 there ma)' be an element of personal kindness in >'onr ac- 
 tion, I trust I may regard it as a deliberate expression of 
 opinion that 1 iiave not been wanting in an earnest en- 
 deavor to discharge my dut)' faithful!)', that 1 have not 
 been unmindful that it became me to assist, according to 
 my opportunities, in all that was calculated to promote 
 the solid good of those amongst whom m)' lot was cast. 
 
 I certainly have from the fust been somewhat familiar 
 with our district Councils, and although I recognized im- 
 perfection in the new scheme, I never faltered in the con- 
 viction that the advantages of safe self-government would 
 ultimately be abundantly manifest. I was not mistaken. 
 We can now fairl)- claim that we possess the most perfect 
 system of municipal government enjo)^ed by any country 
 and have proved that an intelligent and educated people 
 may be safel)' entrusted with the management of impor- 
 tant matters demanding local administration — matters 
 that would but retard and embarrass the proceedings of 
 the higher legislative bodies, if, indeed, they were there 
 able to secure the attentions they deserved. 
 
 The large powers you possess could, however, as I think 
 we feel, only be safely entrusted to fit and capable agents, 
 and you will agree with me that our excellent school 
 system has played an important part in producing the state 
 of perfection in working to which our municipal system 
 has attained. The very small aid I have been able to 
 
n6 
 
 give towar Js its safe development, would have had no 
 practical result, if the public men who. from time to time, 
 shaped legislation, had not themselves earnestly desired 
 to make our municipal law what it is ; or if the County 
 Councils lacked the discretion and intelligence necessary 
 for the due performance of their important and responsible 
 duties. 
 
 I have always been proud of the high position of your 
 body amongst the Councils of the Province, and not one 
 of them has furnished more conspicuous evidence of the 
 educating value of such bodies in fitting men for the 
 higher duties of representatives of the people in the Legis- 
 lature. 
 
 In many respects our county stands foremost, and hav- 
 ing watched its progress from the primitive condition of a 
 " new settlement," I am filled with admiration of the 
 patient industry and intelligent energy that have accom- 
 plished so much in a period of forty-one years. You know 
 that at first we had barely passable roadways through the 
 " woods," that farming operations were conducted in a 
 very imperfect way, that commerce and manufactures were 
 scarcely in the bud, that the few schools which existed 
 were imperfectly served and ill-regulated, while the muni- 
 cipal system was a recent creation, and, moreover, that 
 ready submission to the law of the land was ttot universal. 
 Many of you will remember the time when this state of 
 things prevailed, and will know what a contrast presents 
 itself 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 
 
carried on iiitclli^rcntly by an educated farming; commu- 
 nity, free public schools, with efficient teachers under a 
 unif )nn system, uitln'n easy access of all, the laws every- 
 where respected and cheerfull)- obeyed, and last, though 
 not least, our mnnicipal system pcrmeatin^^ every part with 
 its healthy influences — yes, when you look around you you 
 cannot help feeling that ours is a happy and iionorable 
 position, and must 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 labor meets its appropriate 
 reward, and where any dcscrvin^,^ man in the community 
 may aspire to the hi<jjhest place and the largest power for 
 serving his country. 
 
 If we have contentions and some acerbity of feelings at 
 times, I fear tlie>' are inseparable from our form of party 
 goveriunent ; but i do earnestly hope that, whatever diver- 
 gence may exist in matters of political concern, all will 
 continue to be united in the effort to maintain and improve 
 the prosperous and honorable position in which the county 
 of Simcoc now stands. 
 
 I'he particular mode in which you have been pleased to 
 recognize my desire to be useful is very grateful to my 
 feelings, and I thank you sincerely for the honor you have 
 done me in placing my likeness in your Council Chamber, 
 and in voting me your kind address in such beautiful 
 form. 
 
 Mrs. Gowan cordially thanks you for including her in 
 your kind wishes, which we both warmly reciprocate. 
 
 My earnest wish is that wisdom may direct all your 
 deliberations, and strengthen you in every effort for the 
 
Ii8 
 
 public good ; above all, I desire that each of you individu- 
 ally, may possess the blessing which maketh rich and 
 addeth no sorrow with it. 
 
 Believe me, most faithfully yours, 
 
 Jas. Robert Gowan. 
 
 Kensington House, Bournemouth, 
 
 Hants, England, February 2, i8S^. 
 
 The Judge's likeness, extremely well-executed, now oc- 
 cupies the place of honor mentioned in the address of the 
 Council. 
 
 The University of Queen's College, at Convocation, in 
 its forty-third session, in 1884. while Mr. Gowan was in 
 England, conferred upon him the lionorary degree of 
 LL.D. This marked recognition of w orth by a great uni- 
 versity, 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 elsewhere. A leading Old Country paper, "The Irish 
 Times," thus refers to the matter : " We are gratified to 
 find in the Toronto ' Mail,' of the 1st of May, a report of 
 proceedings of peculiar interest in the Convocation Hall of 
 the University of Queen's, when the degrees were conferred 
 and prizes distributed to a large number of successful stu- 
 dents. One of the most striking features of the occasion 
 
 * Up to that time the distinction had been conferred on merely thirteen 
 laymen, namely: "The Marquis of Lome, Sir John A. Macdonald, The 
 Honorable Oliver Mowat, Robert bell, M.D., Edward J. Chapman, Alex- 
 ander F. Kemp, Peter McLaren, CJeorge Romanes, William Tassie, John 
 Tliorburn, Alpheus Todd, George Paxton Voung, and Sir William Young. 
 
119 
 
 was the giving of an honorary degree to Judge Govvan, a 
 distinguished Irishman, whose career in Canada has been 
 most successful. The honor thus paid to Judge Govvan, 
 in recognition of his high abilities and long service in the 
 judiciary, will not fail to be appreciated by his country- 
 men." 
 
 We make an extract from the report of the proceedings 
 at convocation, published in the Toronto "Globe": 
 
 "Vice-Principal Williamson then advanced, and moved 
 to have the names of three eminent gentlemen added to 
 the list of those bearing honorary titles conferred by this 
 University. In doing so, he moved the following three 
 addresses : 
 
 " Mr. Vice- CJiancellor, — 
 
 " I have the honor 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 recognition of 
 great public services, in connection with our judicial sys- 
 tem, the codification of our laws, and the educational and 
 religious life of our country. It is scarcely possible to 
 over-estimate the value of Judge Gowan's services, con- 
 tinued unwearily for nearly half a century, particularly as 
 regards procedure in Courts, and the revision, consolidation 
 and classification of the Statutes, first of Upper Canada, 
 and subsequently of Ontario. For his labors in this latter 
 work, it may be mentioned that he was presented with a 
 gold medal by the Government of Ontario. His literary 
 labors, and the many important and official positions he 
 has held, have not prevented him from undertaking other 
 
120 
 
 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 earnest 
 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." 
 
 Ill one of tiie 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 amount of experience 
 that you have acquired during so long and active a public 
 life." This expression proved to be a correct forecast. Mr. 
 Gowan left for Europe immediately after his retirement, 
 returning 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 Senate of Canada stands in the same relation to 
 the other House as the House of Lords to the Commons 
 in England," and the body possessses the independent 
 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 a'^ the most honorable distinction that 
 
\2\ 
 
 can be conferred in this Dominion.* Indeed, the idea, as 
 well as the intention, of a second chamber would seem to 
 be, that such body should comprehend men of high char- 
 acter and position, representing the professional and other 
 prominent classes— men of mature judgment, animated 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 honor and 
 true national spirit— "of the people and from the people," 
 and possessing a deep stake in the welfare of the country. 
 
 The appointment was offered to Mr. Gowan in a very 
 kind and graceful communication from Sir John Mac- 
 donald,t and accepted. " I determined," IVIr. Gowan said, 
 in answer to one of the addresses to him, ''with some 
 misgivings, to accept, for I could only bring to the place 
 a residuum of former energy, and much' could not be 
 expected in a man not very far from three score and ten." 
 
 The appointment, the highest distinction the Govern- 
 ment could confer, was most favorably commented on by 
 
 * Hy "The Table of I'remlence within the Dominion of Canada," Sena- 
 tors take rank before the Speaker of the Commons, and before the ]'ui>ne 
 Judges of the Courts of Law and Etiuity. 
 
 tThc I'remier wrote Mr. Gowan: "At last the opportunity has arrived, 
 for wh>ch I have long waited, of being able to offer you a Senatorship. 
 
 " That august body is greatly in want of legal ability, and Campbell knows 
 from me of what value you have been to me in years gone by. Mcl'herson, 
 you well know, is pleased with the suggestion, so is Fr.nnk .Smith. When the 
 nppomtment (if you accept it, which I earnestly hope you will) is announced, 
 11 will be put upon the ground of the great benelil it will be to the public to 
 
 have an experienced y«;7V.wm//Mike you in the Upper House * * . Tele- 
 graph me ' Ves' or ' Xo,' and be sure lo say 'Vos.'" 
 
122 
 
 the public press of all shades. "The Week," a thoroughly 
 independent journal, and one of the ablest and best con- 
 ducted on the continent, in its issue of the 5th February, 
 1885, thus referred to the nomination : — "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 judiciary, 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 the law. The selection 
 was as creditable as any selection could be in which party 
 lines were not entirely ignored. We hailed it as a new 
 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 chambers, the condition of the 
 Canadian House of Lords must be far from a pleasant 
 spectacle." And in a later issue, this journal, while object- 
 ing to " investing men with legislative powers for life as 
 rewards for party services which were not also services to 
 the country," adds, "Mr. GowanV" services were services to 
 the country." 
 
 The " Canada Law Journal " thus commented upon the 
 nomination: "The appointment has been accepted by par- 
 ties of all shades of politics as creditable to the Government 
 of the day and an honor deservedly bestowed on a faithful 
 servant of our country. * * We look upon this appoint- 
 ment as the establishing of a happy precedent. A retired 
 
..■) 
 
 Judnre in many instances will preserve sufficient mental 
 vigor and pliysical strcncrth to discharge the duties of a 
 Icgislator-especially in the less partizan atmosphere of 
 the Upper Chamber (,f our Dominion J'arliament. The 
 appointment of Judge Gouan 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 occupation, and at the same time afford 
 an honorable and fitting termination to many eminent 
 careers." 
 
 " No one will question the eminent fitness of His Honor 
 Judgo 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 
 intimate acquaintance with all the varied needs of this 
 great country, peculiarly fit him for senatorial honors, or 
 to hold a portfolio in some government. And although 
 it is many a long year since Senator Gowan took any 
 part in Canadian politics, he has, as his friends are 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 advan- 
 tage of having been able to take a dispassionate view of 
 all questions before the country ; and in this respect, as in 
 some others. Senator Gowan will compare favorably with 
 ' Bystander' in the view he takes of the measures agitating 
 the country, for his 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 
 
124 
 
 has been of the Bench these forty years past. W c heartily 
 rongratulatc Jud^c Gowan on his appointment to the 
 Senate, and hope he may be spared many years to do the 
 country further service in his new sphere of usefulness." 
 
 The foregoing is from "The Examiner," the leading 
 local Opposition journal in Simcoe. " The Manitoba Free 
 Press," also an Opposition journal, after a brief sketch of 
 Mr. Gowan's career, says : "He is credited with being the 
 author of a large amount of useful legislation before and 
 since Confederation ; and is known to have more than once 
 declined removal to the Upper Bench. He has always 
 had the goodwill of, and possessed influence with, every 
 Government, local or general, which has been in 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 Government of the day, and to the countr)-. 
 
 " His call to the Senate must be looked upon as a 
 recognition of merit rather than a political appointment 
 Judge Gowan's politics, when he was in a position to have 
 any, being evidently (judging by his appointment) Bald- 
 winitc, or Reform. Judge Gowan is said to be still full of 
 mental vigor, and it is almost to be regretted that his 
 talents as a legislator could not have been called into 
 requisition in a more congenial atmosphere than that of 
 the Senate Chamber. Judge Gowan has on many occa- 
 sions during his judicial career, as well as at its close, been 
 the recipient of flattering but well-merited indications of 
 the high esteem and appreciation in which he was held 
 
125 
 
 by the Bar. and the people of tlie county in which he 
 residetl." 
 
 "It is ahnost unnecessary iu 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 deiy." 
 " There is not a man in the Dominion," said " The 
 Jiarrie Advance," ''better fitted to do the duties of a Sen- 
 ator 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 acquisition in the Canadian House of Lords." 
 
 "The two latest appointments to the Senate were not 
 made from the ranks of the professional politicians, and 
 that is at least something in their favor. One was a judge 
 and the other a doctor, and so long as the Senate must 
 continue to be constituted on the nominative 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 repre- 
 sentative men. Judge Gowan has done yeoman service 
 on the Bench, and his long and faithful discharge of judi- 
 cial duties deserves some such mark of national apprecia- 
 tion as that which has been conferred upon him. ])r. 
 Sullivan, 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 community." 
 This is from a journal opposed to an appointed Senate. 
 
 Another strong Opposition local paper, " The Times," 
 declared : " No more popular selection could have been 
 
126 
 
 made for this district. Had the office been elective, the 
 leading men of both political parties would have united 
 in choosing the Judge. Me will honor the Senate, by 
 becoming one of its number, more than that august body 
 will honor him by receiving him as one of its members. 
 Had Sir John A. Macdonald been equally happy in his 
 .selection of Senators, as in the case of his first appoint- 
 ment 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 great Creator has put 
 
 them." 
 
 After referring to Mr. Gowan's appointment to the 
 Bench at the early age of twenty-four, and his long and 
 earnest labors, 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, honors are heaped upon him, which 
 are the more valuable, because they arc richly deserved. 
 Our sincere wish is that the venerable Judge may be spared 
 for many years, to enjoy the rewards of his past labors 
 and efforts to do good." 
 
 Only one leading journal, " The Toronto Globe," spoke 
 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 gentle- 
 man 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 
 
T27 
 
 bccause the Judge was "unable, because of infirmitx-, to 
 retain his seat on the Ik'ncli" that he souoht 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 iiave retired 
 under the Statute. Indeed, he probably miglit have gone 
 on for >'cars at the full salary for such wcirk as he'^was 
 able to do. His own explanation, as we already know, 
 given in reply to the Bar address in 1883, >s: " I-t't me say 
 one word as to m\- retirement. As )'ou are aware, this is 
 the largest judicial district in the I'rovince, having a popu- 
 lation, not very long since, equal to that of xManitoba 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 felt the 
 time had come when, in justice to the public and my bro- 
 ther Judges, I should make way for a younger man. My 
 age and uncertain health demanded more rei)ose than I 
 could properly ask or take, and so I sought retirement. 
 And after forty-one years of hard work, it cannot be said 
 that my appeal to be relieved was in an\- sense premature. 
 Indeed, I have the satisfaction of knowing that Mis Excel- 
 lency appreciates, as he is pleased to communicate, ni)- 
 faithful, efficient and imi)artial conduct during my lotig 
 term of judicial service;" and continuing, "Should I returi?, 
 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 
 a residuum of energy, and I could not live an idle life." 
 And that Mr. Gowan was willing, at an advanced a"-c to 
 
128 
 
 j;nve his services to the country for some months every 
 year is all to his credit, it is scarcely necessary to say 
 an)'thin[; of his mental fitness for the duties of a Senator. 
 As expressed by leading Liberal journals in his o\\ n dis- 
 trict : " Mr. (jrowan's natural powers arc as vigorous as ever, 
 * * of his fitness for the position there is but one 
 opinion, that of his being thoroughly competent."' And 
 his record during the hrst session he attended, sustains the 
 correctness of these assertions. 
 
 The "Canada lulucational Monthly" s[)oke also of the 
 appointment as exceedingly popular, and referred Uj 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 an}' other man in the I'rovince. He 
 was, we believe, a member of the (original J5oard of Gram- 
 mar School Trustees at Harrie, more than fort}' years ago, 
 and he is to-day the resi)ected chairman of the Collegiate 
 Institute of that town." 
 
 One (Quotation more may be made from "The Irish 
 Times" of I^Y-bruar}- 19th, a leading paper in Mr. (jowan's 
 native country. " It is with much satisfaction we learn 
 from the journals of Canada, received by the mail deli- 
 vered yesterday, that, on the 3rd of the present month, 
 a distinguished Irish jurist, who had before attained the 
 highest distinction in Canada, for man}' }'ears 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 by command of 
 Her Majesty. The Honorable James Robert Gowan, is 
 a native of the county of Wexford, and a gentleman of 
 
129 
 
 .genius and experience. * * The universal respect in 
 wliich tlie new Senator is hcKl, and his conspicuous fitness 
 for tlic Council room of a s^reat Slate, must be a matter 
 of plcasinj^r record for all Irishmen who delight to hear of 
 the superior di-jilay of talent and ener^)' by their countr>'- 
 men abroad, of the success which attends them in the 
 noblest walks of life, and the usefulness to societ>' of the 
 career in which they have risen to eminence." 
 
 Mr. Gowan heard also from a number of old friends in 
 congratulation.* 
 
 Amongst the cont^ratulations offered to the newl\' ap- 
 pointed Senator, there was one that seems to call for a 
 fuller notice, namel>', the address from the Council- the 
 
 * Some of these IoUlts have already been referred to, and we «;ive some 
 iiioro. Tlivy are taken from a paper i)rin(L^d s<.mo two years ai;o, for private 
 circulation, l.y a relative of Senator (iowan, who explained that he had l.een 
 l)ermitted In make seleotiims hom numerous unpuMished ietterij addressed to 
 the Senator (.n his retirement from the Iknch, as well as on his appointnu'iu to 
 the Senate, and were i^iven without stan(nni^r ,,n any onler of arrangement : 
 
 Lkt'ikks on iiiK Occasion- oi- iiis Kktikiimi.n r irom ihk Hkncii. 
 /•'/■<'/// //u: Minister of Justice, Sir Alex. Caiitpl>ell, Jist Septend'cr, iSSj, 
 
 " I rejjorted jesterday on your resi<,niation, and the appointment of your 
 successor, but Sir John [The Tremierl added, with his own hand, some 
 complimentary remarks to the ( Jrder-in-C'ouneil for transmission to His Ivxcel- 
 leney ; need 1 say how heartily 1 approved. l-'or over forty years the country 
 has had the henelil of your faithful service in the honorable position y..u 
 .adorned, and you have well earned your retirement. When the Order-in- 
 Council returns from His Excellency 1 shall have pleasure in transmittini; to 
 \-ou some note of this e\ce[)lional expression." 
 
 Tlie Prciiiier of Caimda, Sirjoliii A. Maedoiiald, jSt/i Sept entire r. 
 
 "Your letter announcini; your resi^rnfition reache.l here on the day 1 was 
 leaviii.<; for Kint^ston to see my sister, then supposed to he in «;real dant^er. 
 
1 \n 
 
 ^n'cat representative body of the judicial district in which 
 he has resided for so many years. And the followinjs^ 
 account is condensed from reports of j)ublic journals, repre- 
 senting both political parties in the count)-. 
 
 " The Council lost no time in congratulating; His Honor 
 Judge Govvan on his elevation to the Senate. A special 
 committee was stiuck to frame an add rcss^'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 same day, the 6th 
 I'Vbruary, 1885. At the hour named the Council assem- 
 bled, and shortly after the newly appointed Senator and 
 cx-Judgc entered the Council Chamber, and was conducted 
 
 I went to ihc Council, however, so as to sign the order accepting your resig- 
 nation. Vou will see there a just tribute to your long and Hiithful judicial 
 service. So far as I know, this is the only instance in which such a testimonial 
 has been given to any Juilge of any Court, Inil you have well earned the thanks 
 of the (lovernnient and the coniniunity, 
 
 " 1 have pleasant recollections of our intimate personal relations for many 
 years back, and a grateful sense of the great assistance you gave me in the 
 jireparation of mailers both legislative and administrative. Relieved now from 
 the cares of oi'iicial life, you will be belter able to take care of your health 
 
 "I lu)pe on yi)ur return next year to be able lo see much of you, and 
 peihap.i to engage y<tu in some congenial work for the good of our country " 
 
 'J7ic Ho}iorableJ. 11. Iliii^arty, Chief Justice of Ontario, 2^th September. 
 
 "I have no shadow of doubt you have acted wisely in abandoning the 
 duties that you have so efficiently performed for forty-one years, 1 wish that 
 others had as fair a record and could as reasonably look forward to retire 
 amidst sincere regret as will greet your resignation. 
 
 " I congratulate you that, unlike many others, you have not to cling to 
 official duties l)ecause you cannot afford to ;.'/andon them * * all health 
 anil happiness in his well-earned leisure lo ' the friend of my belter days.' " 
 
to a scat beside the Warden ; the members and numerous 
 visitors risin<r at his entrance. Tlic address was read by 
 the Warden, as follows : 
 
 '"We, the members of the County Council of the county 
 of Simcoe. have heard with extreme t^ralification that you 
 have been called to the Setiate of the Dominion of Canada, 
 and we cannot allow the occasion to pass without extend- 
 ing to you our sincere congratulations on the high honor 
 you have received. We feel, both personally and collec- 
 tively, that no better selection could have been made, and 
 we heartily trust that >'ou may be spared health and many 
 years to enjoy your proud position. We venture to express 
 the opinion that the intention of the founders of our Senate 
 
 The Honorable J, G. Spmggc, Chief Jiistue of .tppeai (fornuHy Chan,c/ior) 
 for Oiilnrio, 2nd Octoher. 
 
 " \(.u certainly have carnc<l rotiicmciU, if long, faithful and cfHcient ser- 
 vice can entitle any man to it : but I am sony if impaired health had anything; 
 to do with your leaving the judicial seat which you have fdled with honor for 
 so many years. NN'e are both veterans in the public service. \'ou with a judi- 
 cial life longer than mine. N'ou retire with the regret of those you leave behin.t 
 
 * . .My friends tell me I should not be hapi)y if I had not work to do. 
 Perhaps so, but I would fain try. I fancy that you and I have resources 
 enough to prevent our dying of ,///////. I hope most sincerely you may enjoy 
 your otitiin at in di'^nitate for a long time, and that rest and change may restore 
 you to vigorous health." 
 
 Chief Justice Sir Adam Wilson, ()th Octoher, 
 
 "I see by the papers you h.ive retired from the Hench, after a service of 
 the longest judicial term of any one in any part of ihe Dominion, and I might 
 safely allow a far more extended area. C. J. liowen was nominally on the 
 Bench for fifty years, but for at least ten years before his death never sat ; sub- 
 stantially, then, you are the longest holder of judicial rank that I know of 
 who has discharged the actual duties of his office during the whole period of 
 his term. Vou have earned your retirement well, and have earned it long ago, 
 
152 
 
 has been fully carried out in tlic elevation to that distin- 
 cjuished assembly of so eminent a public servant as your- 
 self. You will bring to that body a mind highly cultivated 
 and trained by a judicial experience of more than forty 
 years, and never having taken a prominent part in the 
 political warfare of the country, you will adjudicate on 
 matters 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 
 which, by their permanence on the Statute book, testify 
 to the thoroughness and foresight with which they are 
 framed, it may safely be predicted that, in your new and 
 exalted sphere, the country will gain the benefit of your 
 
 and all who know you will wish that you may long enjoy the repose you are 
 so well entitled to. [ am sure tlie methodical arrangements you had adojited 
 and enforced from all your suliordinale officers, had a very beneficial effect on 
 them as well as others who saw its working and were brought into personal 
 contact with yourself * . It is wonderful what the one man can do who 
 has devoted himself to his r.rk and understands what he is about, ^'our 
 decisions were very, very rarely up in appeal, the best evidence that they were 
 sound and satisfactory. I do not know if any of them have been overruled, 
 and if they had, it would not be an infallible test of their unsoundness. And 
 now, my dear Ciowan, while bidding you farewell as a brother Judge, I hope 
 we may ever continue our friendship." 
 
 Sir WilUam B. Richanh,fonncyly Chief Justice of Ontario^ aftcnvanh Chief 
 Justice of the Supreme Court of Canada, jth November. 
 
 *' I first learned here [New York] of your resignation of the position you 
 have so long held with credit to yourself and advantage to the country. 
 
 "We hear a good deal of men dying in harness, and, no doubt, many 
 holding the judicial office have done so ; but after a man has worked as hard 
 and as faithfully as you have done for more than forty years, he has the right 
 to seek relaxation ; if his health requires his giving up work, so much the 
 stronger reason for his doing so. 
 

 matured experience in conipilin-r ^thcr enactments equally 
 advantan^cous to our Dominion at larirc. 
 
 '"We have no doubt that the Chamber that you are 
 now henceforth to occupy, will not only receive additional 
 lustre from your presence, but that your wise counsel and 
 clear intellicrcnce will mould their discussions and affect 
 the result of their deliberations in a marked and beneficial 
 degree. 
 
 " 'As representatives of this large district, we feel a pride 
 reflecting that the advice and counsel you ahva>'s so freely 
 accorded us, and which we were always willing to be guided 
 by, have been recognized to be of such worth— recognized 
 by the highest authorities of the State. And we trust that 
 
 " \'(ni may properly foci proud, not only of your able and cneri^otic dis- 
 charge of judicial .luty-wcll warranting the reputation you ohtaine.l for soun.l 
 judgment and efficient scrvice-l.ul also of the voluntary and patriotic aid y,.u 
 were wdlmg and able to lend public men in preparing and revisin imi,ortant 
 measures of law reform, as I very well know " * ^^ , 
 
 l^he Honorable J, W. Cwynnc, Justice Supreme Court of Canada, 26th 
 September. 
 
 "I congratujatc you on your retirement into your well earned otium eum 
 i^K-nitate. * * And so you are going to England ; you will, I trust, not 
 cut Canada altogether. I sincerely hope you will enjoy in improved health, 
 that leisure which your long and dislinguishe.l labors in discharge of your 
 judicial duties so richly entitle you to. l^ew men can look back with equal 
 satisfaction on the useful an.l varied labors of their life. Long, my dear friend, 
 may you live to enjoy your retirement." 
 
 yVie Honorable Sir Oliver Mowat, Attorney-Gencral for Ontario, j-jth Sep- 
 tcmber, 
 
 "I am extremely sorry you have felt occasion to resign your Judgeship. 
 I do hope the rest will a<l<l to your life many additional years ..f comfort. I 
 will have great pleasure in continuing you as Chairman of the Hoard of ludgvs 
 [as a retired Judge he uas eligible] aii.I perhaps I may be selfish enough\o 
 
t34 
 
 the wise and prudent advice so inculcated may ever be 
 handed down to future representatives as a priceless tradi- 
 tion, never to be forgotten.' 
 
 *' The Senator replied verbally, with a good deal of feel- 
 ing — naturally, for he stood in the presence of prominent 
 men who had known him for years, amongst vhom he had 
 spent the greater part of his life, and fulfilled the duties 
 of the judicial position. He returned sincere and hearty 
 thanks for the honor, said it was specially gratifying in 
 view of its being unanimous, and because it represented, 
 even in committee, men of various political convictions 
 coming from all sections of the district. The Senator, 
 continuing, said : 
 
 ask your counsel and assistance occasionally in other n atters. With thanks 
 for your good offices in the past, and my best wishes for the happiness of you 
 and yours, believe me," etc. 
 
 Mr. Gohhvin Smith, D.C.L., 2'jth Scptonhcr. 
 
 "* '' With the rest of your friends, and with all tliose among whom 
 your long life of usefulness and honor has l)een passed, I shall deplore the 
 necessity of your retirement from the Bench ; yet I cannot cloubt you have 
 done right. An evening of rest and calm never was better earned by a long 
 <lay of good work than it has been in your case. I have never heard any 
 opinion but one on that sul)ject. If party could let politicians listen to the 
 voice of justice, the acceptance of your resignation as Judge would be followed, 
 as soon as possible, by an offer of a place in the Senate." 
 
 Mr, G. W. IVickstcad, Q.C., J. aw Clerk House of Commons^ ivith ivhoiii Mr. 
 Gowan had long association in the zvork of Statutory Consolidation and 
 Drafting, zSth September. 
 
 " I congratulate you, but not the country or the profession, that you have 
 decided to sue out your writ of ease " * * . No one will envy you the 
 blessings to which your unique services, in quantity and quality, for forty-one 
 years, more than entitle you. I am gratified in having my name coupled with 
 yours as having done the iState some service. \'ou might truly, as to yourself, 
 
" ' Mr. Warden and Gentiejnen,— 
 
 "'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 th-t a prompt answer was necessary 
 —I determined, with some misgiving, to accept, for I could 
 only bring to the place a residuum of former energy, and 
 much could not be expected in a man not very far from 
 three-score years and ten. 
 
 say, 'and they know it." Our relations in the past are not likdTTTl^e 
 renewed, for I am a much older man than you, but I hope I n.ay live to see 
 you on your return from England, almost as good as new, as Sir John would 
 say, 
 
 A,ui from Sir Francis Hincks, the only survivor of the Baldwin- 1. afont aim 
 Government at the time of Mr. Gowa,^s appointment, isth October. 
 " * * I recollect both the Attorney and Solicitor-General being strongly 
 for your appomtment in 1842. The forn.er (Honorable Robert Baldwin 
 speakmg favorably of your legal fitness and sound judgment. I well remember 
 his saymg, though you were young, you would do credit to the judicial office 
 He was right, as your career has proved. Vour tenure of office was not as 
 longas C J. Bovvens, but for years before his death he was useless, and it 
 was difficult to get him to accept his pension. That cannot be said of you. " 
 
 Letters on the Occasion of Mr. Gowan's Appointment to the 
 
 Senate. 
 The Honorable J ration, leader of the Bar in Mr. Gowau^s Courts when 
 elected to Upper House, afterwards Solid tor- General and Member of 
 t/ie Senate, 28th January. 
 
 " To-day's ' Mail ' announces your appointment to the Senate ; I hasten 
 to congratulate pu on the high honor, 
 
\T,6 
 
 '"Why the appointment was ofTcrcd to me I can only 
 surmise. I had neither suffered nor bled in political war- 
 fare ; had not even drawn the political sword. If, for a 
 short time in early life, I was in the heat of a political 
 blaze, more than forty years in the quiet shade was suffi- 
 cient to remove dye or freckle. I had no claim of this 
 kind to brincf me into notice. Several members of the 
 Government had known me for years, and I have for them 
 a warm personal regard and respect, especially for Sir 
 John Macdonald, with whom I had more contact and for 
 whom I occasionally worked, as you know. But public 
 men are not and ought not to be governed by personal 
 feelings, and so I must surmise it was some supposed apti- 
 
 " Few men liave done so much for their country by pen and sjieech as you 
 during the past forty years, and the appointment will be welcomed as a 
 deserving recognition of your great and philanthropic labors. Long may you 
 enjoy your position in the Upper Chamber, as you will unquestionably shed a 
 lustre on its debates and add to its usefulness * * . 
 
 " I could not resist writing to Sir John and telling him how well he had 
 gauged public sentiment in seeking the benefit of your wise counsels, ripe and 
 varied experience, and calm deliberate judgment." 
 
 S/f JVj'lh'am B. Kic hards, Ex-Chief Jm^tice Supreme Court of Canada, 20th 
 February. 
 
 "I congratulate you upon your appointment, inasmuch as it affords you 
 honorable employment in which your talents and experience will be usefully 
 and profitably employed in the service of your country. Your appointment 
 will be well received, it is just of the kind designed by the framers of the 
 constitution in their aim to secure for the Second Chamber independent, 
 thoughtful, representative men " ■*■ * . 
 
 In the April foUorving, he again wrote the Senator. 
 
 "I see, by the reports, you are making yourself useful in the Senate, which 
 needs the stimulus of active, energetic and i)raclical men, who do not desire 
 to work the political machine for [)ersonal or party objects." 
 
^57 
 
 tilde for the position that inllucnccd my selection. Vou 
 arc good enou-li to think the intention of the founders of 
 the Senate is fully carried out by my appointment I 
 hope you may be right It is, at all events, most grateful 
 to me to know that the action of the Government, so far 
 as concerned me, meets your unqualified endorsation— a 
 most valuable endorsation it is, from the freely chosen 
 representatives of a district with a population, not very 
 long ago, exceeding that of two provinces in the Dominion 
 and now not far behind that of Manitoba and British 
 Columbia 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 
 
 jUr. Goldxvin Smith, D.C.L., 21st Februayy, 7vrotc : 
 
 I ( * 
 
 \oii may he .sure that, though many will rejoice, none will rejoice 
 mor. heartily than I ,]o. Tliis is indeed a new departure, and I <,n!y hope 
 there will not be a return to the old path. Reform, I have sometimes thou<dU 
 nu.i;ht make the Senate the better House of the two, but reform there must 
 be : and, perhaps, when you and a few like you arc there, there may be hopes 
 of that which now seems hopeless. The great drawback is the three months' 
 residence m Ottawa, but this to you will have its compensations " * * . 
 
 And from Sir Matt hczv Cameron, Chief Justice Court Common Plca<, 2^th 
 April. -^ 
 
 Vour appointment to the Senate gave mc great satisfaction * * 
 I was absent when the notice first appeared, Init I hope you will pernn't me 
 now to say, your acceptance of this well-merited h..nor gave me the greatest 
 l.leasure, in the assurance the country would be more to be congratulated than 
 yourself, as the gain would belong to it, while the trouble woul.l be yours I 
 hoped, however, that mouhling our laws, as well as expoun.ling them, might 
 form not a wholly uncongenial pursuit, and that you might derive some pleas- 
 ure in the passing of laws, as the country derive.l benefit from your able exp.,- 
 sition of them when on the Bench ; and that the leisure your retirement gave 
 
I3B 
 
 in a quiet way, and as I fancy the best part of the work in 
 deliberative bodies is done in committee, a place of use- 
 fulness 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 honor 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 promptness 
 in endorsing his appointment by valuable and deliberate 
 
 testimony. 
 
 " The Honorable Senator, after greeting warmly several _ 
 members of the Council, retired amid great cheering." 
 
 It was a magnificent and well-deserved ovation by men 
 
 you might thus be utiHzed in the promotion of your own enjoyment of your 
 remaining years, as well as advancing the interests of the country." 
 
 Sir Oliver Mo7vat, Premier of Ontario, 3rd February, wrote : 
 
 " Your appointment gave me much pleasure. I have no doubt your pre- 
 sence in the Senate will be of great service to the public, and I hope you may 
 find a couple of months every year attending Parliament to be agreeable to 
 yourself, and that you may give many years to the active discharge of your 
 Senatorial duties." 
 
 T/ie Right Hoiwral'k Sir John Rose, sonic time Mcml>cr of the Canadian 
 Government, 20th February. 
 
 «« * * I was much gratified in the announcement contained in the Senate 
 minutes I received yesterday ; and I am eciually pleased that our friend Sir 
 John has so becomingly recognized your past services. 
 
 " I anticipate much advantage to the public interests from the matured 
 judgment and good sense which you will bring to bear on all matters affecting 
 
 the public interests. 
 
 " My sincere wish is that you may long live to enjoy your new i)osition 
 
 and add to your public usefulness." 
 
139 
 
 of all parties, representatives of the people, to an eminent 
 man who deserved well of his country— an honor few men 
 could boast of, (cw could receive without beini; deeply 
 touched. 
 
 It rarely falls to the lot of any one occupyinrr a judicial 
 position for over forty years to receive from public repre- 
 sentatives 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 
 
 Mr. IV. E. Hart pole Lccky, P.C.L., 21st Febninry. 
 
 " I must congratulate you most sinccix-ly on your ncsv Senatorial (li\niity. 
 It is a worthy crown of a long and honorable career, and I sincerely Im/.e you 
 may live long to enjoy it." 
 
 Sir Robeyt G. JK Hcrkrt, Pcyniancnt Under Secretary for the Colonies. 20th 
 April. 
 
 " I was much i)lca8ed to learn that you had been sunmioned to the Senate, 
 and I feel that Canada is as much to be congratulated as yourself on the wise 
 decision of Sir John MacdonaM to make your great experience and soun.l 
 judgment available to the public in this manner. 
 
 "I trust you may find opportunities for taking an active part in public 
 business, as there are many matters in which your experience will enable y.ui 
 to be specially useful '' * * ^ 
 
 7Vie Most Houorahlethe Marquis of nufferiu ewd Avajormerly Governor- 
 General of Canada. 
 
 " I was gladjif your kind thought in letting me know of your promotion 
 to the Senate * * . I sincerely rejoice at your merits being so recogni/e.l. 
 \-ou have deserved well of your country, and of what can a man be prouder ; 
 and in the Senate you will deserve l)etter of it still " * * ^ 
 
 At a later date, His Lodship again rvrote .}fr. Go7can,from Simla, E.L 
 
 " I am delighted to observe in how kind and proper a spirit your nomina- 
 lion has been received by the public. I shall always remember with pleasure 
 niy intercourse with you, and the firm and conscientious manner in which you 
 dischargeil a distasteful duty under trying circumstances." 
 
140 
 
 engrossed and illuminated in hiLjli art, in a mai^nificcntl}' 
 bound albinn, and transmitted to Ottawa to Mr. (iowan. 
 I lis acknowledL^nients, addressed to John Diekinson, ]^s(j., 
 IJarristcr, one of the reeves and ehairm.ui (jf the eommittee 
 ap[)ointcd 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 rei^ards binding and 
 illumination. * * Sending it to irie here has enabled 
 mc to show to Senators and others this mark of your 
 regard. * * It was greatly and universally admired. 
 Need I say 'the Senator from Ikirrie ' was gratified in the 
 fact. * * I have already told your body how much I 
 was touched by their extreme kindness, but I should like 
 them to know what I now say." 
 
 Authorities have fre(|uep.tly given their opinion upon 
 the constitution of the Senate of Canada, and what, in the 
 best judgment, should be the requirements in the selection 
 of Senators. What has been collected here furnishes abun- 
 dant proof that in Mr. Cowan's appointment these require- 
 ments 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. lie 
 never took an active part in politics. His appointment 
 was not the reward of partizanship." * 
 
 He himself said, as has already been recorded :f " The 
 
 * "The Week," '* Law Journal," etc. 
 
 t r/(/(; tc[)\y to Address of County Council, 
 
141 
 
 offer was eiUircly spontaneous. Why offered to nic I can 
 only surmise. I liad ncitlier suffered nor bled in political 
 warfare, had not even drawn the political sword. * * I 
 had no claim of this kind to brin^' me into notice. * * 
 So I must surmise it was some supposed aptitutlc for the 
 position that iniluenced m\' selection. You are <j;ool\ 
 enouL;-li to think the intention of the f(nuiders of th(^ Senate 
 is fully carried out in my appointment." 
 
 " Hy his long services in the judiciary," said the able 
 writer in "The Week," "and by his liberal and compre- 
 hensive views of law, as well as b)' his character and posi- 
 tion, he is v.cll fitted to represent his profession in the 
 Senate, and to l^kiy a useful part in mouldinc^ legislation." 
 
 "Witli no political influence to wield," said the "Canada 
 Law Journal," "with no political ambition to gratify, with 
 no selfish puri)osos to serve, with means sufficient to make 
 him thoroughly independent of any temptation to office, 
 he is just the sort of man one likes to sec in the halls of 
 the Legislature. His recommendation 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 onl}' 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 unsouf^ht, the position came to him, 
 and it is believed that there is not one member of the 
 Senate more thoroughly independent or less trammelled 
 by party than he is. An incidental observation b)' Mr. 
 
142 
 
 Gowan, \n his speech on tlie iManchise liill, rrjves some 
 indication of liIs views on this point. lie remarked: 
 " Men summoned to the Senate are reasonably taken from 
 amon^^rst tliose whose views are in the main in accord with 
 the Government of tlie da)-, and because of some fitness 
 for tlie position. Will the most rabid politician contend 
 for a moment, that any one appointed to this honorable 
 body, in acceptiny^ the summons, forfeits the right to think 
 for himself in any measure that may come up, or surren- 
 ders his conscience to the sway of ])arty, however much 
 he may differ from his party on the particular case— of 
 course not ; the Senate could in such case have no attrac- 
 tions for an honest man." 
 
 Tliese arc not the sentiments of one bound hand and 
 foot by part)', but of a man prepared to take a dispas- 
 sionate view of all questions before the country. 
 
 A noteworthy incident must be mentioned in connection 
 with a visit by Senator Gowan to Ireland, in the autumn 
 of 1889. 
 
 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 favorably referred to by 
 the metropolitan press of Ireland.* 
 
 *The following article from n leading Diililin paper, of 22n(l October, 
 18S9, bears out the writer's obseivation 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 f|uarter of the world have been more frequent 
 or cons])icuous than in tlie Dominion of Canada. If proofs were 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 
 
143 
 
 nuri.i- a brief stay in Dublin the Honorable Society of 
 Knig's Inns conferred upon him the distinguished honor 
 of a call to the J^ar of Ireland. 
 
 The rulincr body of this ancient society inchides in its 
 work-in- members the Judges of the High Courts, as well 
 as the leading Queens Counsel and members of the J5ar ; 
 and we believe Senator Gowan's was the first case in 
 which the resident of a colony, receiving his legal training 
 who]])' there, and awa>' from his native country for ovct 
 fifty >'cars, was thus honc^red by an iniiquc " act of grace," 
 but, to use the u ords of a former (Governor-General of 
 
 w(.rkofa,li.siinguishnl Irishman, Mr. Nicholas FI.m.,1 Davin, who has written 
 llic l.K.graphical history of the vast trans-oceanic coninnnnty from the fir^t days 
 of lis settlement. Tlie sh'ghtest ghmce at its pages proves tliat the gcniu> of 
 Irishmen has contrilu.te.l vastly to he growth of the western community, 
 which has before it a future of .uch l.rilliant promise. Founded ui.on the l.e.t 
 models of the motherland, tia.litions legal an.l social have l.een preserve<l, 
 though not slavishly. They have heen a<Iaple<l t.. the wants and recpiirements 
 of anew country which i. leading in the van of civilization, and is in a position 
 to teach Its neighbors in jurispru<lential capacity. Canada owes a vast <leal 
 to what is acknowledged as the imp<,rted intellect of men of Irish birth. ]!y 
 merit alone their advancement has been secured, and the colonial as well as 
 the h(.me community acknowledges that the tribute to genius i« an universal 
 one. It would be unnecessary to repeal the names of those statesmen who 
 have hel])ed to make modern history in Canada, but if they were to be set out 
 at length it would be found that Irish names inx-dominated amongst them. 
 That of Lord Dufferin, sometime tiovernor-Cieneral of the Dominion, will 
 hrst occur to p..pular recollection ; but working in cooperation with him, and 
 thoroughly sympathizing with his enlightened aims and purposes, there have 
 been a band of eminent Irishmen, whose records should not Ik' forgotten, espe- 
 cially in times like these, when the bond of union between Kngland and licr 
 colonies, and chiefly those of the neighboring west, have been drawn so closely 
 together. To emphasize this connection is alike our policy and our interest. 
 The estal,lishmenl of the Imperial Colonial Institute, associated x\ith the 
 
144 
 
 Canada, speakiiij^ of the act, " In hoiioiiiiL^ him Ireland's 
 liar docs honor to itself." There coiihl have been no 
 more worthy recipient, and it must have been as i^ralify- 
 in^; to tlie worthy Senator as it was to his friends in 
 Canada and elsewhere. It was certainly also a high com- 
 pliment to the Canadian 15ar, of which he was one of the 
 oldest members. 
 
 The " Irish Times " of the 6th November thus speaks 
 of the graceful act : " Yesterday, at the sitting of the 
 Court of Chancery, an unusual and interesting ceremony 
 took place in the special honorary call to the Bar, by the 
 
 happy year of Ilcr Majesty's Jubilee, is Init the rational outcome of a common 
 pul)lic o]iinion which En^Maiul and her colonies alike share. Its objects con- 
 template 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 wislics to take every opportunity of 
 making acfpiaintance with them. 
 
 " For some time past a very interesting representative personage, who has 
 borne much of the heat and burden of the day in setting up judicial and 
 local governmental institutions in the great Dominion of Canada, has been 
 sojourning amongst us. The name of the Honorable judge (lowan is not by 
 any means unknown in Ireland. An Irishman by birth, he went to Canada 
 at a comparatively early age, and, by the exercise of exce[)tional talents, very 
 soon attained the highest position at the Canadian Bar. For nearly forty-one 
 years he was actively engaged in the judicial office. 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 distinctively 
 able a jurist should have been available. We have before us the records of 
 his long term of labor, and during its course he earned the respect, not only 
 of the Canadian Har and public, but of reflecting jurists at home, who recog- 
 nized 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 and parcel of the common 
 law of Her Majesty's western territorial possessions. A work, well known in 
 
M. 
 
 , " ■;">"- '^"'^ •-"' ""'••"■••'I nmonost i,s, from tl,,- (-.m 
 < an Don„ni„„. Tl,c iic.„chcrs uMl be con, no, i,;; 
 c y „„ be- or the profession, and the public u I co' 
 
 upon tbe Honorable Senator Gouan. As ue bavc sai,i 
 Judge Go„-an rs a native of Ireland, an<l rank-. 1,1 
 . .ongst tbe numerous body of able n,en who I C. ^ 
 
 bat Se ator Gouan ver>- Inghly appreciates the honor 
 >^>|le^oJnn^s™cmti^^ with the ilar 
 
 i radical ii,,r|iii,„ i,,,,i, (l,„c„. r ' ' "> ""''^ '" I'ln'-clliciii u|«,i, a 
 
 ).--.r. .since l,e . ? f l ' ' " 1 :: ' " 'f ,"' '"^ """" '" ^<""^'- >''^. 
 
 ••1 higher or l^etter desm-cd ixwition tlnn 7„ i r- ' " '"-*' 
 
 ■owa,, s«„,„ „.. hon„,-„f ,,,,„ i„,e„ec. „i„„,.„, ,,„,, ve c' .^ 'T 
 
 .:i..ing.,.:.,o., c„„„„,,„..„ ;::■:::-:';;:;;; ;::r ::;;:;, ::;7:;' ,">-"« ^> 
 
 k-st.mony ,„ ),i. „„«, i„,„esli„g and l,o„,„al,lJcaree 'a ii K " 
 
 ."ay ye, l,e foun,! ,„ paysncl, a co„,p|i„,,nt ,„ 1, , a : ; " "ir""""*' 
 
 -nU„,en. alike „r,„e pe.p.e .,f uL^J:^ 'T^: T^X^ T "' 
 
 comiminity to vxhich he belongs." ' '^ Colonial 
 
146 
 
 of his native country, and he will return to his high duties 
 in Canada with, we should hope, a pleasing recollection ot 
 the hospitality shown to him, and the gratified conscious- 
 ness that his abilities and character are known and appre- 
 ciated alike by the legal profession in Ireland and by his 
 countrymen generally." 
 
 The 'Canadian Gazette" of the 14th November (pub- 
 lished in London^, also refers to the call : " The legal 
 conmiunity of Canada has been singularly honored by the 
 distinction which the Irish Lord Chancellor has just con- 
 ferred upon one of its representatives. On Tuesday of 
 last week, at the sitting of the Court of Chancery in Dub- 
 lin. Lord Ashbourne called to the Bar of Ireland the 
 Honorable Judge Gowan, Senator of Canada, who for 
 sometime past has been sojourning in Ireland. Address- 
 ing Mr. Gowan, tlie Lord Chancellor said that, in view of 
 his past distinguished career, he had great pleasure in 
 
 * The same issue of this journal also refers to Senator Gowan's career in 
 Canada as follows: "The Honorable James Robert Gowan, L.L.I),, upon 
 whom this almost unicjue honor has been bestowed, can look back upon a 
 lonj; and honored career in Canada. By birth Judge Gowan is an Irishman, 
 owning Wexford as his native county. Early in life he came with his father, 
 the late Mr. H. IL Gowan, to Ontario, and in 1834, when only ninett-xn 
 years of age, was admitted as a student by the Law Society of Upper Cana<la. 
 In the succeeding years Canada was seething with unhappy rebellion, and in 
 1837-8, Lieutenant (!owan served his country in the 4th regiment of the Norih 
 York Militia. His studies, however, still progressed, and in 1839 he was 
 called to the liar of Upper Canada, and four years later was appointed Judge 
 of the district of Simcoe by ihe Baldwin- Lafontaine Reform Government, a 
 position he fdled with dignity and ability until his retirement in October, 18S3. 
 While on the Bench, Juilge (Jowan was able to render marked service in con- 
 nection with legislative matters. Much of the reform and regulation of the 
 
14/ 
 
 calliiior him to the Irish Bar as a member of a i)r()fessioii. 
 in this his native country, which he ornamented in that of 
 his adoption. The comphment was enhanced by the cir- 
 cumstance 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 recoirnized as a 
 tribute 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 acknowledged." 
 
 Canadian journals also made pleasant reference to the 
 incident, appearing fully to "recognize it as a marked com- 
 pliment 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 honors by 
 the legal confraternity in Ireland." 
 
 Senator Gowan was only three years and six months 
 at the Bar when he was appointed a Judge, and consc- 
 quently was not entitled to be made a Queen's Counsel. 
 
 legal procedure of the several Courts in Ontario is due to hi> ..al an.l know- 
 ledge, while he gave invaluable aid in the codification of the Criminal an<l 
 • Statute law in the several confederated Provinces, and in the Dominion into 
 which they formed themselves. He also serve.! as chairman of the Hoard of 
 Judges for Ontario from 1S69 to 1SS7 ; as one of the commissioners appointed 
 t<. enquire into the fusion of law and ec,uity in Ontario, and as a nu-nd.er of 
 the Royal commission to investigate the charges against the Ministry in (..n- 
 nectionwith the historic M'acif.c Scandal.' In 1SS2, he was app.'.inted to 
 the High Court of Justice, and three years later was calle.l to tiie Senate 
 where his name has recently been prominently associate.! with the framing 
 an.l introduction of the present procedure of the Upper H.-use with respect 
 to applications for divorce. He has, in truth, !>een well .!escri!,ed as a ' pio- 
 neer Judge, an erudite lawyer, and a lea.ling mind in the great measures of 
 law reform.'" 
 
148 
 
 But after his retirement from the Bench, it is known, the 
 dignity was offered to him. A new commission appoint- 
 ing a number of Oueen's Counsels was issued durinsf his 
 absence in Europe, and his name appeared at the head of 
 the list. 
 
 A brief word must be said of Mr. Gowan as a member 
 of the Upper House, the Senate of Canada. With nearly 
 half a century of constant and arduous work behind him, 
 and the weight of three score years and ten upon him, when 
 he entered Parliament as a Senator, the laborious habits 
 of a life could not be shaken off, and the Senator's active 
 mind impelled him to fresh exertion in a new sphere of 
 usefulness. 
 
 It is not proposed to do more than note from the Jour- 
 nals and Hansard of the Senate, some particulars, to show 
 how actively he has employed himself in Parliament. 
 
 In his first session, that of 1885, we find he was appointed 
 to and served upon three joint committees of both Houses 
 — on the Consolidation of the Statutes, on the Library, and 
 on Printing ; also on the committee on Standing Orders 
 and Private Bills, and on several special committees, 
 acting as chairman in three out of the six divorce cases 
 that came before Parliament in the session of that year. 
 
 He introduced four bills into the Senate, three of them 
 for amending the Criminal law. Of these four bills three 
 passed the Senate, the fourth was rejected by a majority 
 of one, but received the support of the Minister of Justice 
 and the leader of the Opposition. 
 
 \\c observe, also, Mr. Gowan's name frequently appear- 
 ing in the debates, speaking not merely on the bills he 
 
149 
 
 introduced, but on the N.-W. Property Bill, the Franchise 
 Bill, the Maritime Court Bill, the Criminal Evidence Bill, 
 the Temperance Act Amendment, on questions of Order, 
 Divorce practice. Divorce cases and other matters. Indeed! 
 his usefulness was admitted on all hands, and drew out 
 even from the Opposition expressions of approval of his 
 appointment* 
 
 The session of 1886 again found the Honorable Senator 
 ill his place at Ottawa, a regular attendant at the House, 
 actively engaged in the business going on and taking part 
 in several debates, and the same was the case in the ses- 
 sions of 1887, 1888 and iSSQ.f 
 
 * Senator Power, an eminent lawyer from Halifax, and a member of the 
 Opposition, speaking on a bill introduced l^y Mr. Gowan, said: "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 honorable member from 
 Barrie in this Chamber. From his position, my honorable 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 Ls- 
 pectability through the country ; and I think that measures of tlils sort do us 
 n great deal more service in pulilic estimation than debates, extending no 
 matter how many weeks, on the general question of our utility." 
 
 t An examination of the Journals and Hansard of the Senate show.s tliat 
 lie was no idle member. During these four years he served every session on 
 three important committees : "The Joint Committee on the Library of I'ar- 
 liament," "The Joint Committee of both Houses on Printing," and " The 
 Committee on Standing Orders and Private Bills "-being chairman of the 
 last mentioned committee in 1SS8. He al.^o served as chairman on four com- 
 mittees upon as many contested Bills of Divorce. And he was a member, 
 and acted upon the important special committee on "TheCrt^t Mackenzie 
 Basin." He took part, also, in several debates in these sessiems, sjieaking at 
 considerable length on important cpiestions touching legal matters. 
 
ISO 
 
 In the session of 1888, he succeeded in carrying a very 
 important scheme of reform, which deserves more particu- 
 lar notice. Early in that session, in an exhaustive 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 loosening of the marriage tie, 
 and has been most injurious in that way to the morals 
 and the sanctity of home life, on which depend so much 
 of the happiness of peoples."* 
 
 Under the power given by the B. N. A. Act, as ob- 
 served 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 con- 
 cerning Divorce Bills was incongruous, tedious and un- 
 satisfactory, and a subject of constant reproach. The 
 investigation of a case was divided between the House 
 and a committee, 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 practi- 
 tioner, to officers, and to all engaged in administration. 
 Moreover, they did not effectually guard against imposi- 
 tion on the House, and doubts and difficulties were con- 
 stantly cropping up. The radical defect in the mode of 
 
 From note by Dr. Bourinot, Clerk of the House of Commons. 
 
151 
 
 appointing 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 consideration of the Senate. ' His 
 scheme was entertained, and the subject referred to a spe- 
 cial committee, embracing 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 com- 
 mittee 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 res- inded. These rules and orders placed 
 procedure for divorce on as sound and satisfactorv a fo(3t- 
 ing as was possible without special legislation of a radical 
 character. 
 
 This brief account of the matter sufficiently shows the 
 necessity for the reform carried out, and its beneficial re- 
 sults have been proved in the test of actual working. 
 
 Dr. Bourinot, from whom we have already quoted"* refei-- 
 ring 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 procedure 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 
 
152 
 
 Senator Gowan, in a great measure removes the objec- 
 tions that have been advanced against continuing so impor- 
 tant a subject under the jurisdiction of ParHament." 
 
 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 connec- 
 tion 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 he asked " if the Government had had under con- 
 sideration the propriety of submitting a measure to Par- 
 liament 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 Govern- 
 ment had under consideration the desirability of extending 
 the benefits of the County Crown Attorney system, in 
 connection with criminal procedure, to ail the Provinces 
 in the Dominion." 
 
 In submitting the question he delivered a long and 
 carefully considered speech,* covering the whole ground, 
 which elicited a full reply from the Honorable Mr. (after- 
 wards Sir John) Abbott, then leaoer of the Government in 
 the Senate, 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. Mr. Abbott is thus 
 reported in Hansard : " I am sure the House has listened 
 
 * To give even nn epitome of what w as said would be to extend this Bio- 
 graphy beyond tlie writer's design. The speech occupied more than twelve 
 pages in the Senate Ilansanl of 18S9. It was copied at length in the news- 
 paper , and much conunented upon. 
 
153 
 
 with -reat interest, and is under deep oblio-ations to my 
 honorable friend, for tlie study and research which lie has 
 devoted to the question of the value of the -rand jury in 
 the administration of justice. It is probable that this 
 venerable system is, perhaps, getting too venerable for the 
 present age. * * The progress of our free constitu- 
 tional system, under which offences are tried by Judges 
 entirely independent of outside influences, has rendered 
 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 at- 
 tempt to do away entirely with the grand jury system 
 and substitute for it any other, no matter how well con- 
 ceived it may be. I can say, however, in answer to my 
 honorable friend's question, that the attention of the Gov- 
 ernment has been attracted to this question for a long 
 time past, and they have had it under very serious con""- 
 sideration, * * J hope before long, perhaps ne.xt ses- 
 sion, that the Government may be able to present a 
 measure, having the tendency which my honorable friend's 
 address indicates that he desires, and which I think his 
 address is well calculated to hasten." 
 
 The subject was debated at the time, other Senators 
 speaking for and against. 
 
 Honorable Mr. Scott, the leader for the Opposition 
 though not favoring 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 honorable gentleman who brought this enquiry under 
 
154 
 
 tlie notice of the Senate, and he, no doubt, has given it a 
 very exhaustive study, and his experience, from tlic position 
 lie held before he came to this Chamber, gave liim a very 
 huge opportunity of studying the question. * *' 
 
 The Honorable Mr. Kaulbach said : " I will not occupy 
 the time of the Mouse 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 has done. He has shown us 
 that there is great laxity in the prosecutions for the 
 Crown before grand juries, and miscarriage of justice in 
 consequence." 
 
 The subject came up in a subsequent session, and was 
 referred to by Sir John Thompson, in moving the second 
 reading of his criminal code in the session of 1892. 
 
 The subjoined extract from his speech will show how 
 entirel}' the Premier and Minister of Justice is in accord 
 with Senator Cowan's views, as expressed in the latter's 
 speech on the subject in 1889: — 
 
 " The attention of the public has been directed very 
 considerabl)' to one change, which was mooted in connec- 
 tion with the reorganization of the law relating to criminal 
 matters and criminal procedure, and that is the proposed 
 abolition of the system of indictment by grand jury. The 
 attention of the Parliament and the public has been 
 directed to that question very forcibly, indeed, by a mem- 
 ber of the other branch of Parliament, a member to whom, 
 I am sure, both Houses owe a great deal of gratitude for 
 the pains and the care and the attention he has devoted to 
 legislati(>n during the many years of a useful and honor- 
 
'55 
 
 able life. 1 refer to Senator Gowaii. lie inovcil in the 
 matter a \'ear or two aijo, and it was thous^ht best that 
 the attention of the public should be drawn even more 
 stronijly to the question than it was by the remarks he 
 made on the subject in tlie Senate. The result was, as 
 the I louse may remember, that a circular was sent to all 
 the Judges in the coutitry who have permanent criminal 
 jurisdiction, and, indeed, all the officers charged with 
 criminal prosecutions, calling their attention to the change 
 which that learned irentlcman thouGfht desirable, and ask- 
 ing their opinions as to its propriety and expediency. It 
 was felt that the opinions of those who are connected with 
 the administration of criminal justice and have its care 
 from time to time would be of great assistance to Parh'a- 
 ment in framing any change that might be thought desir- 
 able ; and we have had in response to that a great number 
 of replies, most of which have been published, and some 
 of which have come to hand since the publication of the 
 returns by order of Parliament. The opinions upon that 
 subject by those who were thus addressed were very divided 
 indeed. Most of the Judges who are accustomed to ad- 
 minister justice without juries, in ordinary proceedings, 
 were in favor of the ciiange ; the others were divided upon 
 the subject ; and it is impossible to deny, in view of so 
 strong a division of opinion on the subject, that it seems 
 unwise, in connection with this measure, to force that pro- 
 vision on the attention of Parliament at present. I must 
 say that I concur personally in the opinion expressed in 
 another place by the learned gentleman to whom I have 
 made reference, and I think that in many respects the 
 
156 
 
 administration of justice would be improved, if \vc dis- 
 pensed with the intervention of grand juries, 
 
 "I will say one word as to the disputed (luestion of 
 jurisdiction in this matter. The proposition has been 
 mooted long ago, that this matter may be beyond the con- 
 trol of this Parliament, and may be more properl)- exer- 
 cised by the Provincial Legislators. When we come to 
 deal practically with the matter, that difference seems to 
 me to vanish. It is not a question, after all, of whether 
 the grand jury forms a part of the organization of the 
 Courts or not. and, therefore, is under provincial ci ntrol. 
 It is a question whether, in criminal procedure, it is desir- 
 able to continue the exercise of functions by the grand 
 jur)'. And in iidopting an amended Criminal procedure, 
 I take to be bc\-ond a doubt that the question as to whether 
 we should, or not, dispense witli tiie services of the grand 
 juries, is one which is included in that division of the 
 Criminal law." 
 
 The Senator did not attend the Parliamentary session 
 of 1890, having spent the winter of 1889-90 in PIgypt and 
 Palestine. ]^ut in the sessions of 1891-92 he was again in 
 his place and taking an active share in the work of the 
 Senate. But that to which he attended with untiring 
 devotion was the work incumbent upon him as Chairman 
 of the Select Committee on Divorce— a most important 
 Tribunal of Parliament, for under the Legislative S}'stem 
 of Parliamentary Divorce in Canada, all bills for divorce 
 originate in the Senate, and under the rules of procedure 
 Senator Gowan had introduced, all bills of divorce are 
 referred to this select committee for investigation and 
 
is; 
 
 report. The duties of this committee arc similar to those 
 performed by the Court of Divorce in England in respect 
 to due notice to parties affected, the investigation of the 
 allegations upon which the relief is sought, and what relief 
 is to be granted, involving often difficult and delicate 
 enquiries as to law and fact. The cases arc conducted 
 before the Select Committee by counsel, and with the 
 formalities observed in a Court of Justice. The parties 
 and their witnesses appearing and being examined 77?'^ 
 wre* before this Tribunal. Their report, though not con- 
 clusive, is almost without exception accepted by the Senate 
 and the House of Commons to found the Act of Parlia- 
 ment upon it. Upon this committee the Senator must 
 have found himself at home, and for four sessions he has 
 acted as Chairman of this Select Committee of Divorce.* 
 Senator Gowan entertained strong objections to the 
 establishment of a Court of Divorce for the Dominion, as 
 did the late Sir John Macdonald, and to divorce for any 
 caii.se save the matrimonial ofifence.f 
 
 * Mr. Genimill, in his admirable work on Parliamentary Divorce, pub- 
 lished in 1S89, thus refers to .Senator Gowan in the preface: "The author 
 cannot properly close these remarks without expressing his deep sense of obli- 
 gation to the liononiblc James R. C.ownn, L.L.D., who kindly perused thf 
 proof sheets during the progress of the work through the press, and aided him 
 with many valuable suggestions. Those who are aware of the Honorable 
 Senator's earnest and successful endeavors in the session -of 1888— backed by 
 all the knowledge acquired by him during his forty years' judicial experience- 
 to place the practice of Parliamentary Divorce on a more certain and satis- 
 factory footing than it had hitherto been, will well understand the writer's 
 advantage in having the benefit of his mature judgment and advice." 
 
 t Senator Gowan's argument in favor of legislative divorce will be found 
 in the Senate debates, but one or two extracts from his speech may be given : 
 
'5« 
 
 Yet he maintained the doctrine of the Parliament o'"" 
 Canada havinj:^ full and paranioiuit power to deal with 
 
 " TJic procL'L'ilings by private bill for divorce, (lesigne<l, like other l)ills, to 
 attain its completion in an Act of r.-irliainent, to a certain extent bear some 
 analof^y to a suit in a Court of Justice ; but it is not merely a proceeding between 
 [)arty and party, though the primary immediate operation of the particular law 
 will be upon tlieni. It is not a mere civil proceeding: the Act dissolves the 
 inarriaj^c of the [)arties, it also ]nmishes the matrimonial crime committed by 
 one of them. It may, in a sense, be said to be a proceeding in rem, the ns 
 l)einf; the marriage. Indeed, I wi)uld say it is neither contractual nor purely 
 penal, the operation being in respect to the marriage status of the jiarties, a 
 divine ordinance, as well as a domestic regulation, which the law has sanc- 
 tioned, and has the power to regulate and control under the Constitution. In 
 entertaining application for divorce, and making a law to set the parties free 
 to marry again — changing their .f/rt/z/j— Parliament can properly bring in view 
 considerations of expediency, or public advantage. \ Court of Justice is 
 necessarily restrained within fixed limits, and its jirocedure controlled by fixed 
 rules in matters assigned to it for adjudication between party and party. 
 
 " Tarliament would be making a law, and the .Supreme power of the State 
 (within institutional limits of course), it would have to consider what would 
 most tend to the public good. The Courts but expound and administer law 
 which Parliament enacts. * * 
 
 " 'Tis true, applications for divorce have always been based upon a specific 
 charge, and the facts necessary to support that charge established by satis- 
 factory evidence, and, so far, the proceeding is (juasi Judicial. Inquisition is 
 made, and the truth or falsity of the facts alleged determined, and to that 
 extent there is an analogy to the proceedings of a Court. But whether, by 
 reason of the facts jiroved, the prayer of the petitioner should be granted, opens 
 considerations for Parliament which could not be permitted to Judges when 
 called upon to pronounce what the judgment should be. 
 
 " Further, in criminal cases the Executive may be called upon to decide 
 whether, in view of all the facts and circumstances, the judgment of the Court 
 should be carried into effect or modified. 
 
 '• Now, Parliament may be said to unite in itself all these three duties and 
 functions. It decides whether the charges are proved, whether they constitute 
 ^uch a case as should entitle the party to a special Act for relief, and what 
 
159 
 
 cases before tliem without bciii^^ bound l»y tlic principles 
 laid down by the I louse of Lords or by their decisions.* 
 
 relief, if any, slunilil he grantt-d to ilic party, in view of all ihc circumstances : 
 and Parliament may and ought always to have in regard, not merely theques- 
 tionas it affects the parties, hut the effect in relation to morals and good order 
 —the effect which the passing a particular law might have upon the wcU-hcing 
 of the comunmity. Parliament, as the supreme power, has its duties and 
 responsihilities, and cannot compromise the well-being of society, wiiich h;\K 
 been entrusted to it under the Constitution. 
 
 "These are the considerations which brought me to the conclusion that, in 
 the present asi)ect of the question, any delegation of the power respecting 
 divorce would be inexpedient. 
 
 " Parliament can deal with matters in the abstract ; judicial decisions are. 
 by their very nature, concrete, and all the Judge professes to do is to decide 
 the case before him on ascertained legal principles." 
 
 * In the Tudor-Ilart Divorce Case, under an old Rule of the Senate regu- 
 lating procedure, which said that in unprovided cases reference should be had 
 to the decision of the House of Lords, it was urgcfl thai the Parliament, in 
 granting or withholding relief upon Bills of Divorce, were bound by decision., 
 and principles acted on in the House of Lords. The subjoined extracts fron. 
 the debates on the case will show how entirely Senator Cowan repudiated thai 
 view: "This seems to me to be an entire misconception of the scoj.e and 
 object of Rule, which relates solely to practice and procedure, and is on it> 
 face merely directory. A Rule having the substantial effect contended for 
 would be bad, and would be out of place in ' Rules of I'rocecding." Under 
 the Constitutional Act of Canada, Parliament has no restrictions, and none 
 can exist except imposed or enacted by Parliament itself. The Senate and 
 the House of Commons can each regulate its own procedure, but neither body, 
 nor both bodies together, could diminish or control the sul>stantial action of 
 Parliament, or the Constitution would be at an end. In shaping action or 
 legislation on a Bill of Divorce upon facts in evitlence before us, wc naturally 
 look to the House of Lords, hoping for light, and to see what others have 
 done in cases similar to those in which we are called upon to deliberate and 
 act. But we have never bound ourselves to accept their decisions as authori- 
 tative and conclusive. We follow ' p- -edents' where they commend them- 
 selves to our judgment, and we decline iollow thenr where they do not. and 
 
i6o 
 
 And he succeeded in securing the affirmance by Par- 
 liament of an important principle : the equal respon- 
 sibility of man and woman, and their equal right to 
 
 rightly so, for the decisions of the House of Lords on Bills of Divorce have 
 not the weight that attaches to the decisions of the regular legal tribunals. 
 The ' Precedents ' in the House of Lords reach back for some two hundred 
 years from 1858, when the Divorce Court was estal)lished. These precedents 
 abounci during times not conspicuous for purity in social life, or when legisla- 
 tion exhibits any marked effort for promotion of morality. The manners and 
 customs, if not corruptions, of classes fashioned opinion, and the higher moral 
 tone and the controlling power of the healthy public opinion of modern times 
 was in those times little known. In legislative dissolution of marriages, the 
 provisions of a Divorce Bill were, however, in the discretion of a majority, 
 which could adopt them to particular cases and enact as to the majority seemed 
 meet. I must say one does find old cases before the House of Lords where 
 it is difficult to reconcile the decisions with Christian ethics, and occasionally 
 some indications appear of notions and sentiments (due probably to a highly 
 artificial condition of society) not in unison with our simple common sense 
 views of right and wrong. We never have accepted the 'precedents' of the 
 House of Lords in matters of substance as our rule of right, nor are we bound 
 to follow their action, or shape our decisions to square with theirs." 
 
 (( * ♦■ ^Yy never, I repeat, accepted the principles and precedents of the 
 House of Lords as our rule of right, and we have not followed them. Part 
 of the Empire — in confederation under a common sovereign — yet with a Con- 
 stitution similar in principle to that of the United Kingdom, we Canadians 
 have the making, moulding and developing of the laws. The recognition or 
 rejection of principles which shall prevail in our community, and to us it 
 belongs exclusively to enact and declire as a Parliament in all that concerns 
 the welfare and good government of Canada, one iota of this power, I for one, 
 am unwilling to surrender or abate. I would again emphatically reassert the 
 position that we are not restrained in our action under the British North 
 America Act, for we have not imposed any restrictions on the exercise of our 
 power in making a law touching Divorce. We act according to our 'wisdom 
 and discretion,' upon the facts and circumstances in each case, and in legis- 
 lating consideration of what is just and what will best guard public moraK 
 And the interests of society, must ever be our guiding star." 
 
i6i 
 
 divorce on proof of adultery, a principle not recognized 
 in England.* 
 
 On several occasions he spoke at length on Divorce Bills, 
 He took part also in several debates on various subjects 
 in the sessions of 189 1 and 1892 on matters of privilege — 
 Criminal Law Bills, the Grand Jury System, the Admin- 
 istration of Justice in the North-West, the Canada Tem- 
 perance Law, the Codification of the Criminal Law, the 
 Temperance Act Amendment ; and so likewise in the ses- 
 sion of 1893, on the Criminal Code Bill, on the Law of 
 Evidence in Criminal Cases, on the Administration of Jus- 
 lice, on the Composition of the Select Committee on 
 
 * "With respect to Divorce in England, one is struck with the morked, and, 
 I must think, unjust, discriminations made between the sexes in respect to 
 matrimonial offences, and the prejudices which existed, and still exist, against 
 equal right of relief to the woman as well as the man. They have been much 
 modified in recent times, it is true, but they yet remain and find expression in 
 the Statutes. I am not aware of such prejudices ever existing in Canada, not 
 in Ontario at all events, and I can find no indications of such in the several 
 Divorce Acts of the Parliament of Canada, but the reverse, as an examination 
 of our precedents and the grounds upon which Divorce Acts were passed, as 
 set forth in the preambles, will clearly show, the subject of divorce passed to 
 the Parliament of Canada, in the distribution of legislative powers under the 
 Constitution, al)solutely and at large." 
 
 After reviewing the House of Lords cases on Divorce down to 1857, when 
 the Divorce Act was passed, and showing the gradual progress in England of a 
 better and purer feeling in l^irliament and amongst public men, and the efforts 
 to secure equal right to the wife in 1857, Senator Cowan proceeded : "But 
 prejudices prevailed, and the partial and unjust provisions towards the wife 
 were retained. Thus, up to the last moment the legislative power of the Lords 
 could be exercised in granting Divorce in England, we see a narrow and unjust 
 sentiment prevailed on this subject. Outside of mere procedure, could we 
 look for pure light in the ' precedents ' they established, much less broadly 
 nccept them as our rule of right 't ^ ^ Indeed, only in four cases before 
 
1 62 
 
 Divorce and Appointment of Professional Men, on certain 
 constitutional objections to a bill for appointment of a 
 Deputy Speaker to the Senate, and on Prohibition, besides 
 dealing with all cases before the Select Committee on 
 Divorce, in which, as Chairman, he presented the reports. 
 Two of these subjects may be further referred to. In the 
 bill for the Amendment of the Law of Evidence in Crimi- 
 nal case^, it proposed to allow the evidence of the parties 
 accused of crime. Senator Gowan had previously on more 
 than one occasion voted against a similar measure, but he 
 did not hesitate to support this bill, giving his reasons for 
 a change of mind. 
 
 the case of 1886, have Divorce Acts been passed on application by wfomen. 
 The feeling was against them, and reform moves slowly where manners and 
 class influences largely mould lines of thought. As a Canadian, I rejoice that 
 a different and a better sentiment prevailed here. The Parliament of Canada, 
 since Confederation (1867), has passed thirty Divorce Acts; eleven are in 
 favor of women whose husbands were proved to be guilty of adultery, and of 
 the eleven some seven were cases in which Acts for the dissolution of marriage 
 could not have been obtained if the principles and precedents acted on in the 
 House of Lords had been entertained and acted upon by the Parliament of 
 Canada. We never, I repeat, accepted them as our rule of right, and we 
 have not followed them. * * Precedents in the House of Lords before 
 the formation of a Divorce Court, 1857, go to establish these propositions : 
 First. That a husband aggrieved only by adultery might obtain a Divorce 
 almost as a matter of right. Second. That a wife had no title when she is 
 aggrieved only by adultery. Third. But that the provisions of a Divorce Bill 
 l)eing in the discretion of Parliament, that Parliament might mould and adapt 
 its relief according to the exigency of the case, and take care that justice was 
 done, its power being supreme. If there be no precedent to fit the case now 
 before us and be followed, the facts in evidence justify us making one in grant- 
 ing the relief asked, and every principle of morality and justice appeals to us to 
 declare that relief should be granted to a woman under circumstances such as 
 these. The preamble of the bill in this case, reciting the petition, sets forth 
 
i63 
 
 The other subject was a Government bill introduced 
 by a Minister for the appointment of a Deputy Speaker 
 to the Senate. This measure he strongly opposed, speak- 
 ing at great length in support of his view that the bill was 
 objectionable, an invasion of the prerogative and uncon- 
 stitutional, being beyond the power conferred on the Par-, 
 liament of Canada by the British North America Act. 
 The bill was carried by the Government in the Senate by 
 a majority of members, but when it went to the Commons 
 it was there opposed on the same ground, and had ulti- 
 mately to be withdrawn by the Government * 
 
 More could be said about Senator Gowan's work in Par- 
 liament, but enough has been brought out to show that 
 from the time he entered the Senate, notwithstanding his 
 advanced age, he has been a persistent and useful worker, 
 
 the facts and the prayer for the dissolution of the marriage of the petitioner 
 and respondent. The Committee find she has proved the allegations of her 
 petition, and esta])lished the adultery charged." * * 
 
 The bill for the relief of the wife passed in the Tudor-Hart case, and thus 
 Parliament affirmed the principle contended for: "If there is one broad and 
 palpable result of Christianity which we ought to regard as precious, it is that 
 it has placed the seal of God Almighty upon the equality of man and woman 
 with respect to everything that relates to these rights ; and the opposite would 
 lead to the degradation of woman." 
 
 ., ^* Y*^ ^'^^ ""^^^^"^ extracts from Mr. Gowan's speech as reported in Mansard : 
 The question is a difficult one, involving matter of construction and 
 constitutional capacity, and demands a fuller investigation than could well be 
 given in a large deliberative body. It is a matter upon which experts are not 
 agreed, and the facts l^espeak additional caution. As I said, I shall only be 
 able to indicate some salient points that occur to me, but though they may 
 not be presented in the most orderly manner or argued out properly, my hon- 
 orable friend and legal leader will not pass them by, for his character as an 
 honorable, courteous gentleman and accomplished lawyer has preceded him 
 
164 
 
 Iinpcrial distinction, a mark of honor directly emanating 
 from Her Most Gracious M.ijesty the Queen, every British 
 subject both in the Colonies and elsewhere, of course highly 
 values, but until of late years it was rarely given for good 
 service in the Colonies, unconnected with Imperial rule. 
 It was bestowed for distinguished service in the Army and 
 Navy or in the Diplomatic Corps, or for some special 
 service touching Imperial interests. No doubt, the Kmpire 
 in its creation and extension was the work of the Army, 
 the Navy and Diplomatists. But the Empire has been 
 created, and its consolidation and perpetuation belongs to 
 the Civil servants and to Statesmen, and the fact has been 
 recognized that men who have done service to the State 
 in Colonial fields, and are found deserving should receive 
 Imperial recognition. Senator Gowan had no political 
 
 to this House, and his manner of Hfe for at least seven years in a calm atmos- 
 phere will have shown him the duty and the importance of weighing all that 
 can be said, where there is a conflict of opinion. It is a serious matter to 
 meddle with the British North America Act except upon cogent grounds, and 
 never should it be attempted, unless the authority to do so is clear. Some 
 alterations in the British North America Act were made and sanctioned by 
 the Imperial Parliament ; a doubtful exercise of power by the Parliament 
 of Canada, was healed or confirmed ; but never, so far as I am aware, has 
 the sul)stance of the machinery for legislation been touched. I look with 
 apprehension on any attempt to do so. I am free to admit the bill aims at 
 remedying a practical inconvenience that has occurred in the past, but very 
 serious difficulties were at these tiviies obviated within the lines of the Consti- 
 tution. Here there is no pressing urgency, and certainly none for action, as 
 some contend, by arrogating powers not ours. The session is almost at a 
 close, and if any emergency arose, such as occurred in Mr. Speaker Mac- 
 pherson's time, it might be met in the way then adopted. So far as I am 
 informed, all precedent is against it, as honorable gentlemen will see by 
 examining the records. ^ * The first consideration that presents itself to 
 
16$ 
 
 record to attract attention, but his long and varied services 
 might well claim for him Imperial recognition. It was 
 known the late Sir John Macdonald desired it for him, 
 and that Sir John Abbott and Sir John Thompson thought 
 him worthy of such recognition, as did also men of high 
 standing in England, who knew something of his career 
 in Canada. It accordingly came when Honors were con- 
 ferred by the Queen in May, 1893. A companionship in 
 the most distinguished order of Saint Michael and Saini 
 George was conferred upon him " in recognition of his 
 long and valuable services to the State," and wo venture 
 to think no more deserving object of her Gracious Majesty's 
 recognition in this way could be found in the Province in 
 which he has lived and labored so long. 
 
 When the honor conferred by the Queen was made 
 
 my mind is the fact that ours is a written Constitution, the Government of 
 Canada being one of enumerated powers, the British North America Aci 
 being the instrument that specifies them, and wherein authority should be 
 found for the exercise of any legislation it assumes the power to pass. The 
 whole frame-work of our Constitutional Act is ^he creature of an Imperial 
 Statute. While the power of the Imperial Parliament is practically milim- 
 tted and absolute even to changing the Constitution, our power is limited and 
 restrained by the instrument— our written Constitution, and especially ii 
 seems to me in all that pertains to any integral part of machinery devised for 
 legislation, where power is not plainly conferral, the exercise of it is im- 
 pliedly prohibited, I must think, for the intent of the grant would otherwise 
 be defeated by such exercise. What the true intent and meaning of the 
 British North America Act is, so far as .it touches this bill, it will bo i).oper to 
 consider, in the light of recognized rules of construction. I take it the prime 
 object should be to ascertain the meaning of the Legislature, and the rule seems 
 to be applicable with special force to a written Constitution, not to attempt 
 to interpret that which needs no interpretation, but to take the whole Statute 
 together to arrive at the legislative intent. The preamble to the British 
 
166 
 
 public, the press of the country with one voice expressed 
 warm approval. 
 
 The foregoinr/ sketch presents but a brief and imperfect 
 outline of the life of a distinguished patriot. 
 
 Looking back on his varied and abundant engagements 
 one is brought to the conclusion that he had a passion for 
 work, which he freely indulged, and that his ever present 
 desire was to be unostentatiously useful in his adopted 
 country. General and spontaneous recognition of honor- 
 able and useful public services rarely comes to any man 
 before his career has finally closed, but Senator Gowan, 
 with, it is hoped, a further period of usefulness before him, 
 has secured the appreciation of numerous friends, and pro- 
 nounced recognition of his public services, as this brief 
 
 North America Act recites that it is ' expfdient not only that the Constitu- 
 tion of tlie legislative authority in the Dominion be provided for, but also 
 that the nature of the Executive Government therein be declared.' * * 
 And further, let it be borne in mind the proposed bill touches the preroga- 
 tive and appointing power in enabling the Speaker of the Senate to appoint 
 a presiding officer for the Senate, with the powers, privileges and duties of a 
 Speaker— and the bill proposes to validate his every act. Now, every one 
 knows the prerogative is not to be prejudiced or taken away without clear 
 enactment, involving the assent of Her Gracious Majesty, and the rule of 
 construction is in accordance with our highest and best sentiments. The 
 prerogative is part of the band that unites us with tender clasp to the dear 
 old land— that unites us Britons beyond the Sea, to the greatest Empire 
 the world has ever known. I ask where is the power to be found in our 
 Constitutional Act to alter an integral part of the Constitution— the Senate — 
 in the machinery for legislation ? Is it to be found in section i8, as alleged ? 
 I think not. The context and the subject-matter in view forbid it. The 
 power is given to each House respectively to secure freedom of speech, to 
 prevent disorder, to punish inside and outside offenders for contempts in 
 
i6/ 
 
 sketch has shovvn-from the people and the people's repre- 
 •sentatives amongst whom he lived and worked for half a 
 century ; from the Bar of the Courts over which he pre- 
 sided ; on repeated occasions, from the Government of the 
 country and its Ministers, as well as the Queen's repre- 
 sentatives in this Dominion, and even the Queen herself has 
 been pleased to confer an honorable distinction upon him 
 
 "in recognitionof his longand valuable services totheState" 
 _ To those who seek for the moving causes of his success 
 It may be said that he was by nature peculiarly well en- 
 dowed, inheriting a father's indomitable u ill and a mother's 
 refined intellectuality. Always actuated by an earnest 
 purpose, whatever he undertook he carried to a successful 
 issue ; having put his hand to the plough, he never looked 
 back. The thoroughness of his work was remarkable, and 
 
 certain cases, to make inquiries, and other kindred ^^.i^j^J^JiT^^ 
 mentioned, but U does not touch a niatter of this kind. My honoral>lc friend 
 seems to bu.cl on this frail foundation. For my part, m looking at it I could 
 scarcely thmk of any even plausible argument, anything that could be laid hold 
 of with sufhc.ent firmness even for the purpose of discussion. Then comes the 
 point-and ,t seems to me the only i>oint-un,ler the 91st section, an<i I am 
 no surpr.se<l that my honorable frien.l should take the view he does • it is the 
 only possible foundation which occurs to me for a.lvocatin^ the cause of le^ris- 
 lating in the manner propo ,cd by this bill. The suggestion is that under the 
 general terms there is general power to make laws for the i^eace, welfare, and 
 good government of Canada ; but I must say that I think, as at present ad- 
 vised, It IS ;;very forced construction to regard it as supporting this proposed 
 measure. 1 he bill relates to the construction of the Senate, and hoi il may 
 hereafter be composed. The Senate cannot act without a presiding oftk-er 
 and the bill relates to the composition of the Senate, how it shall be made 
 complete in case of the absence of the Speaker. Now. what does the 91st 
 section provide ? It deals altogether with matters foreign to the aim .nd 
 purpose of the bill before us. The clause 91 gives a detailed enun. L o 
 
1 68 
 
 his arguments were always exhaustive. Can we wonder 
 at his success ! Failure under such conditions would be 
 incredible. 
 
 [n his social and domestic relations the Senator was 
 particularly happy. Of a thoughtful and kindly disposi- 
 tion, he took the ijreatest pleasure in forwarding the best 
 interests of those about him, and., in the wider circle of his 
 acquaintance, there is many a young man who bears him 
 life-long gratitude for timely advice and material help. 
 Open hearted and generous, no worthy charity has gone 
 without his liberal aid, and no deserving individual ever 
 appealed to him in vain ; and yet he was not a rich man— 
 at least in his earlier years. He inherited no large fortune, 
 nor did he speculate in any way with the moderate means 
 at his command, thus avoiding the financial rocks which 
 
 showing wh.it was in the mind of the Legishnture in using the term * peace, 
 welfare, and good government of Canada,' ami that is the point we are to 
 arrive at— What was in the mind of the Legislature in passing this Act ? 
 What in using the terms peace, welfare, and good government of Canada? 
 Not the machinery for legislation or any jiart of the Constitution itself. Mad 
 it been so intended, I t.ake it that apt words would have been use»l, judging 
 from other provisions of the British North America Act. * * This bill, 
 if it becomes law, gives us a prolocutor appointed by the Speaker or by the 
 Senate, with all the powers .and privileges which the Queen's Commission 
 confers on a Senator appointe<l in the manner prescribed by the Constitu- 
 tional Act. An imjiortant duty and trust for a public purpose, I must be- 
 lieve, cannot be assigned to one whom the Crown has not constituted. Let 
 ine say a word further : The matter is of a nature that His Excellency the 
 Governor-General may feel bound to consider it his duly to reserve, and it 
 seems our duty to give all the aid possible in considering the point, and 
 that we should have the amplest discussion to throw as much light on the 
 subject as possible. Doubtless His Excellency would receive the opinions 
 of the law officers of the Crown in Canada, that the several bills submitted 
 
169 
 
 wreck so man}-; but, rather, by a judicious and careful 
 manacjcment of his affairs, and by livin-- scrupulously 
 within his income, has he accumulated a comfortable for- 
 tune. 
 
 Possessed at all times of sufficient means, he was free 
 from the many temptations which beset the improvident, 
 and was ever able to give an undistractcd mind to the 
 duties of his high office, and his leisure time to conc^cnial 
 studies and, as we have seen, to important public labors. 
 
 In personal appearance, Judge Gowan, in i843~hi> 
 contemporaries tell us— was a handsome young m.in, of 
 tall and commanding figure, with an intellectual forehead, 
 a firm mouth, and a clear, keen eye. Mis very presence 
 compelled respect and admiration, lie formed a unique 
 figure on the Bench — an ideal Judge. 
 
 In 1S93, after half a century of unremitting public labors, 
 in the seventy-ninth year of liis age, the venerable Senator 
 stands before us,* his hair tinged with gray, but with the 
 
 are right and constitutional; but, if I .im not mistaken. Ills Ilxccllcncy 
 wmild not he Ijnund by that, and he might reserve this bill, and he might 
 send il over for tlie opinion of his Government, and they doul)tless woiild 
 take the opinion cf the law ofticers on the subject ; and, tlierefore, I say il 
 is very proper that the fullest inquiry should be made, I am sure there can 
 be no desire on the part of any one to arrive at any other conclusion tlian 
 that which is right in this matter. In any case it would certainly nut be 
 pleasant if any Act passed here was sent back disallowed ; it would be an 
 unpleasant thing, and I certainly would not like it. Now, while I agree 
 that some provision might be desirable to obviate the inconvenience, if it 
 arises, of a temporary vacancy in the Chair— I think it ought to be done and 
 would like to see it done in a constitutional way, and I think that the method 
 l)y passing this bill would not be a constitutional one. 
 
 * The Senator's portrait on tiie first page is from a photograph taken in 
 1S91. 
 
170 
 
 same clear, fearless eye, softened somewhat with the kind- 
 liness of age, vij;orous in mind, rich in years and honors — 
 honors bestowed upon him by a gralcftd country and an 
 appreciative sovereign. lie forms one of the few hnks 
 still binding us to a generation fast passing away — men 
 who laid the foundations of this free country broad and 
 deep, to whom we younger ones of the present day owe a 
 debt of gratitude which can never be repaid. 
 
 Any general estimate of character of a man still living 
 could not vvell be expected, but those who have known 
 Senator Gowan best and longest think most highly of him, 
 and it may be truly said that he is everywhere "untler the 
 tongue of good report,"* and has never lost a personal 
 friend. 
 
 For more than fifty years the Senator's home has been 
 in ]5arric ; his residence, with its ample grounds, is beauti- 
 fully situated on Kempenfeldt Bay, an arm of Lake Siin- 
 coe ; he has also a charming summer residence in the 
 picturesque lake district of Muskoka, " Eileangowan," a 
 wooded island of over four hundred acres, about forty 
 miles north of l^arrie. 
 
 * An accident befcl the Senator, at Ottawa, about a year ago, which was 
 ftt first suppc s-'(l to be serious, drew out a general expression of sympathy. 
 »\n extract from an article which appeared in "The Ottawa Citizen" shows 
 the general tenor : " The venerable and estimable Senator is a man who, by 
 the eminent and distinguished character of his public services, no less than by 
 the excellence and usefulness of his private life, has established a claim upon 
 the public consideration which all classes will feel and be ready to recognize.