The Canadian Portrait Gallery Part 17

Vice-Chancellor Proudfoot was born near Errol, a small village of Perthshire, Scotland, situated about midway between Perth and Dundee, on the 9th of November, 1823. He is the third son of the late Rev. William Proudfoot, who was for many years Superintendent of the Theological Inst.i.tute of the United Presbyterian Church, at London, Ontario. The late Mr. Proudfoot was one of the earliest missionaries sent out to this country by the United Secession Church, as it was called. He came out from Scotland with his family in 1832, and after a few months spent at Little York, removed to London, where he organized a church in which he officiated until his death, in January, 1851, when he was succeeded by his second son, the present inc.u.mbent. His life was a busy and useful one, and his services in the cause of theological education have left a decided impress behind them. He was a man of strong political opinions, and had before his emigration from Scotland been identified with the Whig Party. In Canada his sympathies were entirely with the Reformers throughout their long struggle to obtain Responsible Government and equal rights for all. During the troubled times of the rebellion he was subjected to a certain amount of persecution by the Tory Party, but as he of course had no share in the rebellion, and was a loyal subject to British connection, he escaped without serious annoyance. Early in 1838 he was informed by some officious friend that he was an object of suspicion to the ruling powers, and that the Sheriff of the District had been instructed to watch his movements carefully. With characteristic intrepidity he at once repaired to the Sheriff's office, and entered into conversation on the subject with that functionary. He professed his perfect readiness to be taken into custody. The Sheriff, who held Mr.

Proudfoot's character in high respect, and who well knew that the Government had nothing to fear from him, begged him to go quietly home and think no more of the matter. He subsequently aided in establishing a church in the neighbouring township of Westminster. Not long afterwards the Theological Inst.i.tute already referred to was projected. The Presbyterian Body in this country had no regular seat of advanced learning at that time, and candidates for the ministry were subjected to serious drawbacks. Mr. Proudfoot and another clerical gentleman--the Rev. Alexander Mackenzie--were entrusted with the training of students, and out of this arrangement the Theological Inst.i.tute was finally developed. Many of the leading Presbyterian theologians of Canada received their training at this establishment, and the name of Mr.

Proudfoot is a grateful remembrance to them at the present day.

The third son, the subject of this sketch, like his elder brothers, was educated at home by his father, and did not attend any of the public educational inst.i.tutions. He chose the law for his profession in life, and his studies were prosecuted with that end in view. In 1844 he pa.s.sed his preliminary examination before the Law Society of Upper Canada, and immediately afterwards entered the office of Messrs. Blake & Morrison, barristers, of Toronto, where he spent the five years prescribed as the period of study for an articled clerk. After his call to the Bar, in Michaelmas Term, 1849, he entered into partnership with the late Mr.

Charles Jones, and began practice in Toronto. This partnership lasted about two years, when he was appointed Master and Deputy-Registrar of the Court of Chancery at Hamilton. He had paid special attention to the principles of Equity Jurisprudence, and had received much of his training in those principles from Mr. Blake himself, under whose supervision the Court of Chancery in this Province had been remodelled, and who was at this time Chancellor of Upper Canada. He accordingly removed to Hamilton, and conducted the local business of the Court for three years, when he resigned his position and devoted himself exclusively to practice. He formed a partnership with the late Mr.

Samuel Black Freeman and Mr. William Craigie, one of the leading law firms in Hamilton, under the style of Messrs. Freeman, Craigie & Proudfoot. Mr. Proudfoot had exclusive charge of the Equity business of the firm, which attained large dimensions, and became one of the most profitable in Western Canada. The partnership, which was formed in 1854, lasted for eight years, and terminated in 1862, when Mr. Proudfoot withdrew from the firm. He subsequently formed several other partnerships, he himself continuing to devote himself entirely to Equity. During the whole of his professional career he was an adherent of the Reform Party, and used all his influence for the advancement of Liberal principles. In 1872 he was appointed a Queen's Counsel by the Ontario Government, but afterwards declined to have the appointment confirmed by the Government of the Dominion.

His attainments as an Equity lawyer marked him as a fit recipient of judicial honours, and on the 30th of May, 1874, he was appointed to a seat on the Chancery Bench, as successor to Mr. Strong, who had been transferred to the Court of Appeal. His judicial career has thoroughly justified the wisdom of his appointment. He has presided over many important cases, and has rendered some very elaborate and profound judgments on matters connected with ecclesiastical law.

Mr. Proudfoot, in 1853, during his tenure of office as Local Master in Chancery at Hamilton, married Miss Thomson, a daughter of the late Mr.

John Thomson, of Toronto. This lady, by whom he had a family of six children, died in 1871. In 1875 he married his second wife, who was Miss Cook, daughter of the late Mr. Adam Cook, of Hamilton. This lady died in 1878.

THE HON. JOHN JOSEPH CALDWELL ABBOTT,

_B.C.L., D.C.L., Q.C._

Though Mr. Abbott's parliamentary career embraces a period of more than twenty years, it is not as a legislator that the Canadian of the future will be likely to remember him. The legislation of 1864 may be said to have decided his future course, for from that year his rapid rise in his profession may be dated, and his extraordinary success in the special branch he had chosen, that of commercial law, first began to develop itself prominently. Before that year he had won distinction at the Bar as an able lawyer and a wise counsellor, but he was still undecided with regard to his future, when a circ.u.mstance occurred which promptly determined him. The Insolvent Act of 1864, which he prepared and carried through the House with great ability, proved to be the turning point in his fortunes, and though we have had other legislation on this subject since then, the principles laid down by Mr. Abbott, when introducing his measure, have been steadily retained in all later enactments. Before his bill became law, the only system which existed was the Act under the civil code, which had been found to be both c.u.mbrous and costly in its operation. The country had suffered for several years for the want of something better, and accordingly when Mr. Abbott's Act came into force, it was regarded by the mercantile community as a sterling piece of legislation, and one which was well calculated to add materially to the originator's legal reputation and standing. Mr. Abbott published about the same time a manual which described fully his Act, with notes and the tariff of fees for Lower Canada. This book and the measure itself gave his name wide publicity throughout the Province, and for many years he was the recognized exponent of the principles of the Act which governed the law relating to bankruptcy. Merchants flocked to his office to consult him on a measure which many believed could be explained by no one else, and this formed the nucleus of a practice which has increased from that day to this, to enormous proportions. He is still regarded as the ablest commercial lawyer in the Province of Quebec.

He was born at St. Andrews, in the county of Argenteuil, Lower Canada, on the 12th of March, 1821. His father was the Reverend Joseph Abbott, M.A., first Anglican Inc.u.mbent of St. Andrews, who emigrated to this country from England in 1818 as a missionary, and who during his long residence in Canada added considerably to the literary activity of the country. He had not been long in Canada before he married Miss Harriet Bradford, a daughter of the Rev. Richard Bradford, first Rector of Chatham, Argenteuil County. The first fruit of this union was the subject of this sketch. The latter was carefully educated at St. Andrews with a view to a university career, and in due time he was sent to Montreal, where he entered the University of McGill College. He distinguished himself highly at this seat of learning, and graduated as a B.C.L. Shortly after he began the study of law, and in October, 1847, was called to the Bar of Lower Canada. His professional success has already been referred to.

His political life began in 1857, when he contested the county of Argenteuil at the general elections of that year. He was elected a member of the Canadian a.s.sembly, but was not returned until 1859. He continued to represent the const.i.tuency in that House until the Union of 1867, when he was returned for the Commons. He was reelected at the general elections of 1872 and 1874. In October of the last-named year he was unseated, when Dr. Christie was chosen by acclamation. At the general election of September, 1878, he was again a candidate, but again sustained defeat at the hands of his old antagonist Dr. Christie. The latter, however, was unseated, and in February, 1880, Mr. Abbott was again elected for the county.

For a short time in 1862 he held the post of Solicitor-General in the Sandfield Macdonald-Sicotte Administration, and prior to his acceptance of office he was created a Q.C. In 1864, while in Opposition, he was instrumental in introducing two bills which have added to his fame as a lawyer. The first of these was the Jury Law Consolidation Act for Lower Canada. Its princ.i.p.al provisions were to simplify the system of summoning jurors, and the preparation of jury lists. The other law which he added to the statute book was the Bill for collecting judicial and registration fees by stamps. This was the first complete legislation that had taken place on the subject, and as in the case of his other measures, the main principles have been retained in the subsequent legislation which has followed. Besides these, and many less important but useful measures, Mr. Abbott's political work consists of amendments to Bills, suggestions and advice as regards measures affecting law and commerce. His advice at such times has always proved of the greatest value, and it is in this department of legislation that he has achieved the most success. He is a good speaker, but of late years has made no special figure in the House, either as an orator or a debater.

Mr. Abbott is Dean of the Faculty of Law in the University of McGill College, a D.C.L. of that University, and Lieutenant-Colonel of the "Argenteuil Rangers," known in the Department of Militia as the 11th Battalion--a corps raised by him during the patriotic time of the "Trent" excitement. He is also President of the Fraser Inst.i.tute of Montreal, and Director or law adviser to various companies and corporations.

Twice Mr. Abbott's name came before the public in a manner which gave him great notoriety. He was the prominent figure, after Sir Hugh Allan, in the famous Pacific Scandal episode. Being the legal adviser of the Knight of Ravenscraig, all transactions were carried on through him, and it was a confidential clerk of his who revealed details of the scheme which culminated in the downfall of the Macdonald Cabinet. His second conspicuous appearance on the public stage was in connection with the Letellier case, when he went to England in April, 1879, as the a.s.sociate of the Hon. H. L. Langevin on the mission which resulted in the dismissal of the Lieutenant-Governor of Quebec.

In 1849 he married Miss Mary Bethune, daughter of the Very Reverend J.

Bethune, D.D., late Dean of Montreal.

THE HON. JOHN BEVERLEY ROBINSON,

_LIEUTENANT-GOVERNOR OF ONTARIO._

The present Lieutenant-Governor of this Province is the namesake and second son of the late Sir John Beverley Robinson, Baronet, a sketch of whose life appears elsewhere in the present series. He was born at Beverley House, the paternal homestead, in Toronto, on the 21st of February, 1819. He was educated at Upper Canada College, and was one of the earliest students at that seat of learning, which he attended while it was presided over by the Rev. Dr. J. H. Harris, its first Princ.i.p.al.

His collegiate days, and indeed, the days of his boyhood generally, were marked by robustness of const.i.tution, and an excessive fondness for athletics--characteristics which may be said to have accompanied him through life. During Sir Francis Bond Head's disastrous administration of Upper Canadian affairs young Robinson was for some time one of his aides-de-camp, and in this capacity was brought prominently into contact with the troubles of December, 1837. He accompanied His Excellency from Government House to Montgomery's hotel, Yonge Street, on the 7th of the month, when the hotel and Gibson's dwelling-house were burned, and he was thus an eye-witness of the spectacle so graphically described by Sir Francis in the pages of "The Emigrant." A day or two later he was sent to Washington as the bearer of important despatches to the British Minister there, and remained in the American capital several weeks.

Soon after the close of the rebellion Mr. Robinson entered the office of the Hon. Christopher Hagerman, a prominent lawyer and legislator of those days, who held important offices in several administrations, and who was subsequently raised to the Bench. After remaining about two years there he had his articles transferred to Mr. James M. Strachan, of the firm of Strachan & Cameron, one of the leading law firms in Toronto.

There he remained until the expiration of his articles, when, in Easter Term of 1844, he was called to the Bar of Upper Canada. He does not appear to have been admitted as an attorney and solicitor until Trinity Term, 1869. Immediately after his call to the Bar he began practice in Toronto, where he formed various partnerships, and continued to practise up to the date of his appointment to the position which he now holds.

On the 30th of June, 1847, he married Miss Mary Jane Hagerman, the second daughter of his former princ.i.p.al. He early began to take an active interest in munic.i.p.al affairs, and in 1851 was elected as Alderman for St. Patrick's Ward, which at that time included the present wards of St. Patrick and St. John. He held the post of Alderman for six consecutive years; was for some time President of the City Council; and in 1857 was elected Mayor. At the next general election he offered himself to the citizens of Toronto as a candidate for a seat in the Legislative a.s.sembly, and was returned conjointly with the late Hon.

George Brown. Like all his family connections, he was a Conservative in politics, and yielded a firm support to the Cartier-Macdonald Administration. While in Parliament he was instrumental in procuring the pa.s.sage of several Acts referring to the Toronto Esplanade and other local improvements. On the 27th of March, 1862, he accepted the office of President of the Council in the Cartier-Macdonald Administration, and held office until the resignation of the Ministry in the month of May following. He has not since been a member of any Administration, but has always been a strenuous supporter of the Conservative side, and has been returned in that interest for his native city no fewer than seven times.

At the general election of 1872 he was returned to the House of Commons for the District of Algoma, which he continued thenceforward to represent until the dissolution. At the last general election for the House of Commons, held on the 17th of September, 1878, he was returned for Toronto West by a very large majority (637 votes) over Mr. Thomas Hodgins, the Reform candidate. He continued to represent West Toronto in the Commons until the 30th of June, 1880, when he was appointed to the office of Lieutenant-Governor of Ontario, as successor to the Hon. D. A.

Macdonald.

Mr. Robinson was for many years Solicitor to the Corporation of the City of Toronto. He has held several offices in connection with financial and public inst.i.tutions, and has been President of the St. George's Society of Toronto.

HIS GRACE F. X. DE LAVAL-MONTMORENCY.

Francois Xavier de Laval-Montmorency was born on the 30th of April, 1623, at Laval, in the diocese of Chartres, France. From childhood his thoughts were intimately a.s.sociated with the Church, and at a very early age he made up his mind to study for the priesthood. Bagot the Jesuit may be said to have moulded his career, and directed his studies, with that object in view. He next a.s.sociated himself with the band of young zealots at the Caen Hermitage, whose Ultramontane piety was the wonder of the time. He studied for awhile under De Bernieres, and in September, 1645, was ordained a priest at Paris. Eight years later he was made Archdeacon of Evreux. In 1657 a bishop was wanted for Canada, and the Sulpicians, like the Recollets some years earlier, aspired to furnish that dignitary from their own order. They sent forward the name of Father Queylus as candidate for the bishopric, and though the suggestion found favour in the eyes of the French clergy, and was approved by Cardinal Mazarin, the Jesuits were powerful enough to overthrow all the designs of the rival fathers. They were strong at court, and so well did they use their influence that Mazarin was soon induced to withdraw his good offices, and Queylus was forced to relinquish his opportunity. The Jesuits were then invited to name a bishop, and Laval was chosen. On the 16th of June, 1659, he arrived at Quebec, carrying the Pope's benediction and the Vicar-Apostolicship for Canada.

It was his fate, during his lengthened stay in Canada, to dispute with every successive Governor appointed by the Crown, on questions which were often contemptible and trifling. He kept the King and his ministers busy settling petty questions of precedence and church dignity. He was a man of very domineering temper, arbitrary and dictatorial in all his acts, a firm exponent of the Ultramontane doctrine which declares the State to be subservient to the will of the Church on all occasions, and that even princes and rulers must yield to the commands of the Pope. His first quarrel was with Argenson, the then Governor of Canada, and was about the relative position of the seats which each should occupy in church. The case was sent to Aillebout, the pious ex-Governor, for settlement, and a temporary reconciliation took place. The quarrel burst forth afresh, however, from time to time, and Argenson, disgusted at these constant wranglings between Church and State, and dissatisfied with other matters connected with his administration, asked the Home Government to relieve him. His resignation was accepted, and the old soldier, Baron Dubois d'Avaugour, was appointed in his stead. The latter soon had his point of dispute with Laval. In his case it turned upon the much-vexed temperance question. Laval embarked for France in August, 1662, determined to lay the matter before the Court, and to urge the removal of Avaugour. He was successful, and early in the following year the Governor was recalled.

Laval's next conflict was with Dumesnil, an advocate of the Parliament of Paris, and the agent of the Company of New France. While in Paris, the bishop was instructed by the Government to choose a governor to his own liking. He selected Saffray de Mezy, of Caen, for the governorship, and with him he sailed for the colony, arriving on the 15th of September, 1663. Immediately on arriving, Laval and the Governor proceeded to construct the new Council. Virtually all the nominations were made by the bishop, who knew everybody, while the Governor knew absolutely no one in the whole country. The new Council formed, Dumesnil at once pressed the long pending claims of his company for settlement.

The Council was composed of ignorant and corrupt men, several of whom were actually defaulters to the company represented by Dumesnil, and Laval was much blamed for placing them in an office which rendered them judges in their own cause. The Attorney-General demanded in Council that the papers of Dumesnil should be forcibly seized and sequestered. To this the Council at once agreed, and that night Dumesnil's house was entered and ransacked for the papers, which on being found were seized.

The agent himself barely escaped with his life. He fled to France, and succeeded in gaining the ear of Colbert, the King's minister, who promptly moved in the matter.

Mezy, though he owed everything to the bishop, determined that he would be his mere instrument and tool no longer. The old war between Church and State broke out again. Mezy was a bigot, who stood in mortal terror of the power of the Church, and whose whole life was made up of the veriest superst.i.tion, but he rebelled against Laval. Discovering that the Council was composed of creatures of the bishop, he, on the 13th of February, 1664, ordered three of the most notorious members to absent themselves from the Council. At the same time he wrote to the bishop and informed him of what he had done, and asked him to acquiesce in the expulsion of his favourites. Of course Laval refused to do anything of the kind. Mezy then caused his declaration to be announced to the people in the usual way, by means of placards posted about the city, and by sound of the drum. The bishop, however, had the best of the encounter.

Mezy learned to his horror and consternation that the churches were to be closed against him, and that the sacraments would be refused him. In his despair he sought counsel from the Jesuits, but the comfort which he received from them was to follow the advice of his confessor--also a Jesuit. In the meantime Laval had become unpopular through a t.i.the which he had caused to be imposed, and the people were clamouring for a settlement of the difficulty. Mezy called a public meeting, appointed a new Attorney-General, and declared the old one excluded from all public functions whatever, pending the King's pleasure in the matter. All through this conflict of authority, the sympathy of the people was with the Governor, though the latter was denounced from the pulpits. Mezy appealed to the populace for justice, and by this act signed the warrant of his own doom. Laval reported the circ.u.mstance to the King, and the Governor was peremptorily recalled.

In 1663 Laval founded the Seminary of Quebec, and by this act endeared himself to the priesthood. The King favoured the project, and with his own hand signed the decree which sanctioned the establishment. Laval's heart was in this great educational project, and not only did he secure substantial aid from his friends at home, and from the King himself, but in 1680 he gave to the inst.i.tution of his creation almost everything he possessed. Included in this gift were his enormous grants of lands, which comprised the Seigniories of the Pet.i.te Nation, the Island of Jesus, and Beaupre, all of immense value.

In 1666 Laval consecrated the Parochial Church of Quebec. In 1674 he returned to France, and the height of his ambition became realized. He was named Bishop of Quebec, a suffragan bishop of the Holy See, by a bull of Clement X., dated the first of October. The revenues of the Abbey of Meaubec, in the diocese of Bourges, were added to those of the bishopric of Quebec. The new dignitary, armed with all the power and influence of his office, set out for Canada, and proceeded, on arriving there, to set his house in order. Of course, it was not long before hostilities again broke out between the rival forces of the country.

Frontenac was Governor then, and the prime cause of the disturbance was the old brandy trouble. Then honours and precedence were the questions at issue between these two obstinate and high-spirited men. Precedence at church, and precedence at public meetings were fought all over again, and referred to France to the great disgust of the King, who losing all patience at last, wrote a sharp letter to Frontenac, directing him to conform to the practice established at Amiens, and to exact no more.

Laval continued to dispute from time to time with the Home Government concerning the system of movable cures which had been inst.i.tuted by him.

The bishop clung to his method despite all opposition and remonstrance, even setting aside at one time a royal edict on the subject. In the very height of the dispute Laval proceeded to Court, and asked permission to retire from the bishopric he had been so zealous to establish. His plea was ill-health, and the King granted his prayer, appointing in 1688 Saint Vallier as his successor. Laval wished to return to Canada, but this privilege was denied him, and it was not until four years had pa.s.sed away that he was allowed to come back to the Church he loved so well. Saint Vallier sought by every means in his power to undo Laval's great work. He attacked the Seminary, and attempted to change its whole economy, receiving, however, much opposition from the priests, who were warmly attached to their old prelate. Laval groaned in despair at these attacks on the fabric he had raised, but he had the grim satisfaction of seeing the new bishop fail signally in many of his objects of demolition. Laval at length, wearied and worn, retired to his beloved Seminary, and on the 6th of May, 1708, he died there, at the advanced age of 85, and was buried near the princ.i.p.al altar in the cathedral. The Catholic University of Quebec, which boasts a Royal Charter signed by Queen Victoria, stands as a monument to his fame and name.

JAMES ROBERT GOWAN,

_JUDGE OF THE JUDICIAL DISTRICT OF SIMCOE._

Judge Gowan is the only son of the late Henry Hatton Gowan, of Wexford, Ireland, where the subject of this sketch was born on the 22nd of December, 1817. His family emigrated to this country when he was in his fifteenth year, and settled on a farm in the township of Albion, in what is now the county of Peel. The late Mr. Gowan was afterwards appointed Deputy Clerk of the Crown for the county of Simcoe, which position, we believe, he retained until his death in 1863. The son's education would appear to have been somewhat desultory, but he was an apt scholar, and possessed the national fondness for learning. Having chosen the legal profession as his future calling in life, he was articled as a clerk in the office of the late Mr. James Edward Small, of Toronto--a well-known lawyer of his day and generation, who held the post of Solicitor-General in the first Baldwin-Lafontaine Administration, formed in 1842. Young Gowan went through the ordinary routine of study, working hard at his books, and furnishing frequent contributions to the newspapers of the day on a great variety of subjects. He was called to the Bar of Upper Canada in Michaelmas Term, 1839. He at once formed a partnership with Mr. Small, and devoted himself a.s.siduously to the practice of his profession, writing occasional articles on legal and other topics for the press, and building up for himself the reputation of a man whose opinions were of value. Notwithstanding his youth, he displayed remarkable ability as a legal draughtsman and special pleader, and had mastered the c.u.mbrous and elaborate system of pleading then in vogue among the profession. He took a keen interest in the political questions of the day. He was a Reformer, and a disciple of Mr. Baldwin, who held him in high esteem. The partnership with Mr. Small lasted somewhat more than three years, during which period it was that the senior partner accepted office in the Government of the day. As Solicitor-General, a goodly share of patronage must have fallen to the latter's share, and we presume it is to his connection with Mr. Small that Judge Gowan owes his appointment to the position of Judge of the District and Surrogate Courts of the county of Simcoe. His appointment bears date the 17th of January, 1843, and is said to have been made without any solicitation on the part of the recipient. However that may be, it is certain that few better appointments have been made by any Government in this country.

Mr. Gowan first took his seat on the Judicial Bench when he was only twenty-five years of age. He has continued to discharge his judicial duties, almost without interruption, from that time to the present, embracing a period of nearly thirty-eight years. During the whole of that time not a single important decision of his, so far as we are aware, has been over-ruled. He enjoys the reputation of being one of the most profound and learned lawyers in the Dominion, and his decisions are regarded with a respect seldom accorded to those of County Court judges.

[Ill.u.s.tration: JAMES ROBERT GOWAN, signed as JAS. ROBT GOWAN]

His skill as a legal draughtsman was such that Mr. Baldwin, who, at the time of Judge Gowan's appointment, was Attorney-General for Upper Canada, availed himself of his services in preparing various important measures which were afterwards submitted to Parliament. This was a remarkably high compliment for a young man of twenty-five to receive, but there is no doubt that 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 been followed by other Attorneys-General, and Judge Gowan has thus made a decided mark upon our Canadian legislation and jurisprudence. It is said, and we believe truly, that it was he who suggested the introduction of the Common Law Procedure Act of 1856, and that the adaptation of the English Act to our local requirements was largely the work of his hand.

At the time of his appointment the judicial system of the inferior courts was in a very primitive condition. He set himself diligently to work in his own district, and, in the face of many difficulties, succeeded in organizing the system which he has ever since administered with such benefit and satisfaction to the community in which he resides.