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The careers of more than
one of our judges have already been sketched, either in local or
politica1 connexion. Chief Justices Macaulay and Wilson, for example,
will be found in earlier pages. It only remains to take in those who
have not prominently figured in public life, and, so far as practicable,
introduce men who specially deserve mention. The Hon. Thomas Galt,
Puisne Judge in the Common Pleas Division, is the second son of the late
John Galt, and brother of Sir Alexander Galt, of whom mention has
already been made. He was born in London, where his father then lived,
in August, 1815, and partly educated in England, partly in Scotland. For
some time he attended an academy at Musselburgh, near Edinburgh, and was
subsequently under the tuition of Dr. Valpy, known a generation ago as a
popular teacher and an editor of the classics. In 1828, the family
removed to Canada, and young Galt was placed under the charge of Mr.
Braithwaite, at Chambly, amongst his fellow-pupils being Bishop Fuller,
of Niagara, and Mr. Thos. C. Street. Two years after; he returned to the
old country and spent three years there, and then returned to settle in
Toronto, only a few weeks before it acquired that name.
Mr. John Galt’s
connection with the Canada Company afforded an opening for his son, and
in its office he remained for about six years. Having resolved to enter
the legal profession, Thomas Galt studied under Mr. (afterwards Chief
Justice) Draper, and was chief clerk for him, when Attorney-General of
Upper Canada, as Chief Justice Harrison subsequently served under Sir
John Macdonald. The experience thus gained, notably in criminal
practice, was of essential service. In 1845, Mr. Galt was called to the
bar, and at once entered upon the practice of his profession. There was
much in his favour, besides the thorough training he had undergone.
Naturally of a benign disposition, he also possessed a fine presence,
and an attractive address. In the practice of criminal law he was
amongst the foremost, and his established integrity of character secured
for him the legal business of various railway and other corporations—trusts
he fulfilled with scrupulous fidelity. As Crown prosecutor, Mr. Galt has
been engaged in many causes celèbres in the Western Province,
and conducted them with that skill and firmness, which characterize
British, as distinguished from French or American conduct of criminal
cases. Judge Galt, who married soon after his call to the bar, has a
large family all living of five sons and four daughters. In 1858, he was
appointed Queen’s Counsel, and in 1869, on the death of Judge John
Wilson—a Scot of whom unhappily we have no record—was elevated to
the Bench as a Justice of the Court of Common Pleas. But for a confirmed
stoop in the shoulders, early acquired from study, Mr. Justice Galt is
still hale and active, although he rapidly approaches the seventieth
year of his age.
The Hon. William
Proudfoot, Vice-Chancellor, or as he is now called, Justice of the
Chancery Division of the High Court of Justice in Ontario, was born near
Errol, in Perthshire, early in November, 1823. Mention has already been
made of his father, the Rev. Wm. Proudfoot. The Vice-Chancellor was
scarcely nine years of age when his father brought him to Canada. The
old Secession pastor was a staunch Liberal, and naturally came under
suspicion, when everybody was suspected, during the troubles of 1837.
He, however, boldly met the aspersions of his political enemies, and
secured himself from molestation. The sons received their education
entirely under the parental roof, and William, the third in order of
birth, never entered a public institution of learning. Having resolved
to adopt the law as his profession, Mr. Proudfoot entered the office of
Messrs. Blake (afterwards Chancellor of Upper Canada) and Morrison (now
Justice of the Court of Appeal), and received a call to the bar in 1849.
For two years he practised in partnership with the late Mr. Jones, and
in 1851, was appointed the first Chancery Master and Deputy Registrar at
Hamilton. This appointment was rendered necessary by the thorough
re-organization of the Equity Court, accomplished by the Hon. W. H.
Blake. After retaining this position for three years, Mr. Proudfoot
preferring to return to the active work of his profession, entered into
partnership with Messrs. Freeman and Craigie. The firm stood at the head
of the Hamilton bar, and Mr. Proudfoot had the charge of the equity
practice. In 1862, he left the firm and practised alone until 1874, when
he succeeded Vice-Chancellor Strong (now of the Supreme Court) upon the
bench. He had previously been gifted with the silk as Queen’s Counsel.
Prior to his elevation to the bench he was a Reformer in politics, and
still remains true to hereditary Presbyterianism as a member of Knox
Church, Toronto. As a lawyer and a judge, Vice-Chancellor Proudfoot is
deeply read—indeed, he has not yet ceased to be a student of the great
authorities in equity. Being thoroughly conversant with the Latin and
French languages, the learned Judge is well-grounded in the Roman and
civil law, and his judgments, as might be expected, are models of lucid
expression and technical accuracy. He is what is still better,
thoroughly judicial in the texture of his mind, and has proved a
distinguished ornament to the Ontario Bench. Of Justices Morrison and
Cameron, sketches have already been given.
The Hon. Kenneth
Mackenzie Q.C., County Court Judge of York, and of the Maritime Court,
is the son of a Scottish farmer, and was born, in Ross-shire, early in
the century. Educated in Scotland, he came to this country about 1831,
and settled first at Montreal, where he served in a store. He
subsequently set up in business for himself at Cobourg, but soon after
exchanged the counter for the desk. Mr. Mackenzie entered the office of
Mr. (afterwards Judge) Boswell, at Cobourg, and completed his term with
Messrs. Sherwood & Crawford, at Toronto. He was called to the bar in
1843, became a Q. C. in 1853, and a Bencher of the Law Society, a 1871.
His first field for practice was at Kingston, and in 1853, he became
County Court Judge for Frontenac and its allied counties. In 1865, he
resigned to resume his practice at Toronto. At his retirement, Judge
Mackenzie was presented with a flattering address from the members of
the bar, and another equally complimentary from the County Council.
In 1866, the United States Government retained Mr. Mackenzis to defend
the Fenian prisoners, and he succeeded in procuring the acquittal of
nearly one half of them. Being a Reformer in politics, he was employed
by the Provincial Government as Crown Prosecutor, especia1ly at Toronto,
and, in that capacity had charge of many important cases. In October,
1876, he received the appointment of County Court Judge of York, and in
the following year was gazetted as Judge of the Ontario Maritime Court.
In addition to these offices, Judge Mackenzie presides at Criminal
Sessions, at the Surrogate Court, the Court of Assessment Appeals, and,
with the assistance of Judge Boyd, also conducts ten Division Courts. He
is liable also to be called upon to conduct any civil investigations
ordered by the Municipal Council, and has quite recently investigated
the matter of the burnt paving contract. At Judge Mackenzie’s advanced
age these constant drafts upon his time and physical resources must be
exceedingly trying. Neverthless he has not hitherto shown any lack of
energy or ability in the discharge of his onerous labours.
Robert Dennistoun, Q. C.,
County Court Judge of Peterborough, Ont., was born at Camis Eskan,
Dumbartonshire, early in 1815. His father was a country gentleman and
Deputy-Lieutenant of the County. The Judge is sixteenth in descent from
Sir Hugh Dennistoun, who flourished in the latter part of the thirteenth
century. Having been educated in Scotland, Mr. Dennistoun came to Canada
in 1834, and settled in the present County of Victoria. For ten years he
engaged in farming, and then commenced the study of law. In 1849, he
received his call to the bar, and after nearly twenty years’ practice
at Peterborough, was made Queen’s Counsel. In 1868, he was elevated to
the Bench. Judge Dennistoun is distinguished for the singular
uprightness and integrity of his character, and the impartiality of his
judgments. He has long been an elder of the Presbyterian Church, and is
deeply respected for his Christian life and example. He has five
surviving children, two sons in his own profession, and a daughter
survives her husband, the lamented Professor Mackerras, of Queen’s
College.
Archibald Macdonald, late
County Court Judge of Wellington, Ont., was the eldest son of Capt.
Archibald, of the 35th Foot, and grandson of Macdonald of Garth. He was
born near Cobourg, in 1823, and received his education at the Grammar
School and at Victoria College. Mr. Macdonald studied law under Judge
Boswell, and was called to the bar in 1844. He early practised at
Cobourg, and for some time was Deputy Master in Chancery there. In
September, 1854, he was made County Judge, and held that position until
recently. He has also been Chairman of the Board of Education at Guelph,
and a License Commissioner for South Wellington.
Rolland Macdonald, Q. C.,
County Court Judge of Welland, belongs to the old Highland stock. His
father resided near Cornwall, Ont., but at the time of his son’s birth
was in the North-West. Mr. Macdonald was born in March, 1810, at Fort
William, and his education was conducted chiefly at Montreal. He was
called to the bar fifty years ago, in Easter term, 1832, became a
Bencher of the Law Society in 1851, and Queen’s Counsel in 1856. He
practised his profession at St. Catharines. Mr. Macdonald had to do with
some interesting cases. In a libel case against William Lyon Mackenzie—the
only one, it is said, he ever lost, the defendant spoke for six hours.
In 1837, he defended Dr. Morrison when on trial for treason; and many
years after was leading counsel, with the late Chief Justice Harrison,
in prosecuting the man alleged to be Townsend, the murderer. In 1840,
Mr. Macdonald contested Cornwall unsuccessfully, but was returned in
1844, when he resigned to make room for the Hon. J. H. Cameron,
Solicitor-General. For thirteen years—he had previously declined the
Judgeship—he occupied the position of Clerk of the Peace and County
Crown Attorney for Lincoln, and in 1873, was appointed to the position
he now enjoys. Judge Macdonald has seen some active service as a
volunteer. In 1837, he was opposed to the rebels as a dragoon at Gallows
Hill, and became a captain of St. Catharines cavalry, on duty near the
frontier. As a supernumerary officer of the 93rd Highlanders, he took
part in the battle of the Windmill, at Prescott, and was subsequently
Lieut.-Colonel of the 5th Lincoln Battalion.
Herbert Stone Macdonald,
County Court Judge of Leeds and Grenville, is comparatively a young man,
having been born at Gananoque in 1842. His father, the Hon. John
Macdonald, had been a member of the Legislature of the Province, whilst
his grandfather hailed from Perthshire. Mr. Herbert Macdonald received
his education at Queen’s College, graduating there in 1859, as B. A.,
and as M. A., in 1861. His student term at law was passed at Brockville
and Toronto, and he received his call to the bar in 1863. He practised
at Brockville for ten years, and was then raised to the Bench as Junior
Judge in 1873, and Senior in 1878. Judge Macdonald is regarded as one of
the ablest of our County Court judiciary, and may not improbably be
heard of in a higher position. Mr. Macdonald was elected for South Leeds
by acclamation, in the Conservative interest, at the general election of
1871; but resigned in 1873 to take his seat on the bench.
David S. Macqueen, County
Court Judge of Oxford, Ont., is a son of Captain David of that ilk, who
came from the Island of Skye, and was an officer of the Canadian
Fencibles. His mother was a daughter of the Hon. Thos. Fraser, and he
himself saw the light at Quebec, in September, 1811. Having been
educated by the Rev. Dr. Urquhart, at Cornwall, Mr. Macqueen studied law
at Brockville, and afterwards, under the Hon. Henry Sherwood. During his
student term, the rebellion of 1837 broke out, and he was sent with a
detachment, in charge of arms, for the use of the Glengarries. Having
accomplished this somewhat difficult duty, he was at once appointed a
Lieutenant of Cavalry and sent to Dickenson’s Landing to bring up the
headquarters of the 32nd and 83rd Regiments. In January, 1838, he was
appointed by Sir John Colborne, Captain of the Queen’s Own Borderers,
in a company he had assisted in raising. When the attempt was made upon
Prescott, Mr. Macqueen volunteered as a marine to direct the operations
of H. M. S. Enterprise, then engaged in watching the piratical
craft, which at last gave way under fire at "The Wind-mill."
When the engagement took place, Mr. Macqueen was a volunteer in the
advance guard of the attacking force, under Col. R. D. Fraser, and
"received the first fire of the enemy from behind the stone-walls
surrounding the butternut orchard." [Canadian Legal Dictionary,
1878, p. 235.] In 1839, Mr. Macqueen was called to the bar, and six
years after received two appointments, one as Bankruptcy Commissioner,
and the other as Judge of the Brock District. On the establishment of
the county system, Judge Macqueen was made Judge of Oxford, a position
he still occupies.
Henry Macpherson, County,
Surrogate, and Admiralty Judge of Grey, comes of a renowned Highland
clan. His great-grandfather, Evan of Cluny, chief of the clan, fought
under Prince Charlie in 1745. His grandfather, Donald, commanded Fort
Frontenac, at Kingston, during the war of 1812, and was subsequently
removed to Quebec, where he remained on duty until the close of the war.
Judge Macpherson’s father was a minister, his mother a daughter of
Lieut.-Colonel Maclean, for sixteen years Speaker of the Assembly. He
himself was born at Picton, Prince Edward County, in August, 1832.
Educated at the Kingston Grammar School and Queen’s College, he
graduated in 1851, and subsequently studied law under Mr. Thos.
Kirkpatrick, Q.C. He was called to the bar in 1855, and shortly after
opened an Office at Owen Sound, where he practised for ten years, with
success, and was frequently employed as Crown prosecutor at the Assizes.
In 1865 he became Judge of the County Court, and in 1879, received his
other appointments. As a lawyer, Judge Macpherson was renowned for his
erudition; in Court, for his able appeals to juries, and he has acquired
the sincere respect of his fellow-practitioners. Judge Macpherson holds
a high position in the Masonic craft, having held office in the Grand
Lodge of Canada, and in the Grand Chapter. As a citizen, he has filled
many important positions, having been a presiding or other officer of
the Mechanics’ Institute, the Agricultural and Horticultural
Societies, of the Fruit-Growers’ Association, as well as the Curling
and Cricket Clubs of his place of residence. Judge Macpherson married a
daughter of Mr. Allen L. Maclean, of Toronto, by whom he has one child.
Alexander Forsyth Scott,
Judge of the County Court of Peel, has never left the homestead on which
he was born, at Brampton, in July, 1828. His father John, a Scottish
manufacturer, came to Canada about the year 1817, and, after spending a
few years, where Galt now stands, removed to the Township of
Chinguacousy, on the site of what is now Brampton. The son’s education
was conducted on as liberal a scale as the circumstances of the
Province, at that time, could afford; and he laid in a provident store
of physical resources by labour on the family farm. Having resolved to
be a lawyer, Mr. Scott studied under Mr. Clarke Gamble, Q.C., in
Toronto, and received his certificate of fitness as attorney, in 1856—a
call to the bar nearly two years later. In 1857, he commenced practice
in his native village, and ten years later was appointed County Judge.
He is held in deservedly high respect by the bar and the community.
Judge Scott’s parts are solid, rather than demonstrative, and
he is eminently fitted for the position he has long occupied. His
knowledge of law is thorough, but it is the judicia1 temper he brings to
bear upon every case in litigation, that inspires confidence in the
minds of suitors. Every man who has the fortune or misfortune, to have a
case before Judge Scott, knows that he can depend upon his integrity and
judgment. We may add, that the Judge is a Master in Chancery also for
the County of Peel, and that he has also been Warden, as well as
Lieut.-Colonel of the Peel Battalion of volunteers. In a previous
chapter we had occasion to note that Judge Scott had a younger brother
in the late member for Peterborough, who unhappily was too early removed
from our midst.
William Aird Ross, County
Court Judge of Carleton, is a native Scot. He was the fourth son of Mr.
Donald Ross, of Ardross, Rosskeen, Ross-shire, and was born at that
place in 1815. The family appears to have settled early in Canada, for
although Judge Ross’ early education was conducted in Scotland, he was
finished, colloquially speaking, at Queen’s College, Kingston. His
first intention was to enter the church, and with that view he studied
divinity for some years, but subsequently resolved to adopt the legal
profession. Called to the bar of Ontario in 1859, and to that of Quebec
in 1868, Mr. Ross practised law at Ottawa, for a long time as partner of
the Hon. R. W. Scott. He was elevated to the bench in September, 1874,
and has satisfactorily fulfilled his judicial duties for the past eight
years.
Jacob Ferrand Pringle,
County Judge of Stormont, Dundas and Glengarry, like the Hon. J.
Hillyard Cameron, was accidentally born in France, whilst his father and
mother were with the army. The former was an officer in the 81st
Regiment, and served during the Peninsular War. He was connected with
the Earl of Airlie’s family, and more immediately belonged to the
Pringles of Torsonce. The future Judge was only a year old when the
family emigrated to Canada and settled in Cornwall. His father was for
twenty years, Clerk of the Peace there—up to 1857. His son, like many
other prominent men in the district, received his education from Dr.
Urquhart, at the Cornwall Grammar School. Destined to the law, Judge
Pringle was called to the bar early in 1839, and in 1857 became a
Bencher. On the death of his father, he succeeded him as Clerk of the
Peace, but in 1878, became Judge of the County Court, after serving two
years as junior in the Lower Court, Judge Pringle has occupied many
prominent positions at Cornwall. For some years school trustee, he is a
past master mason, and a trustee and elder of the Presbyterian Church.
His wife was the daughter of the Hon. Alexander Fraser, of Fraserfield,
Glengarry, and has borne ten children, five sons and five daughters. Of
this large family only three daughters are married; not one of the sons.
The Judge belongs to a U. E. Loyalist family, and possesses an orderly
book belonging to his grandfather, Captain Anderson, who fought for the
Crown during the American revolution.
Daniel Home Lizars,
County Judge of Perth, was born in Renfrewshire, Scotland, in February,
1822. In 1833 the family removed to Canada, and settled at Goderich, in
the County of Huron. The father held the office of clerk of the
Peace for some years, and died in the spring of 1876. Educated at the
Goderich Grammar-school, Mr. Lizars studied law with Mr. Strachan, and
was called to the bar early in 1853. For five years Mr. Lizars practised
in partnership with his former principal at Goderich, and Stratford. In
1858 he was appointed county Attorney of Perth, and in 1864 county
Judge. He is also master in chancery and deputy registrar. Judge Lizars
is an Anglican in religion, but of his political proclivities nothing is
on record. He has had the misfortune to lose three of six children borne
to him, and all but one of the survivors are unmarried. An opportunity
may be afforded in the next chapter for speaking of Dr. Lizars, a
brother who occupied a prominent position as a surgeon for many years in
Toronto.
James Shaw Sinclair, Q.C.,
Judge of the County Court of Wentworth, is the son of a Scot, who came
from Caithness to reside in Lanark, Ontario. He was born at Ramsay in
April, 1838, and received his education at Perth He studied for the law
under his uncle, Mr. W. McNairn Shaw, M. P., and was called to the bar
at Easter, 1863, entering into partnership with Alexander Shaw, who now
resides at Walkerton. In 1871, Mr. Sinclair was elected a bencher of the
Law Society; was re-elected in 1876, and was made a Q.C. Since then he
has conducted many important prosecution for the Crown, chiefly in the
Western Peninsula. On the other hand, Mr. Sinclair has been called upon
to defend two important murder cases, in both of which he was
successful. In April, 1876, Mr. Sinclair was elevated to his present
position, which he occupies with eminent acceptance, both to suitors and
the profession.
The Hon. Alexander Cross,
Judge of the Queen’s Bench in Quebec, was born at Old Monklands,
Lanarkshire, in 1821. He was only five years of age when his father, who
had been a gentleman farmer, removed to Canada. His education was
conducted in the Eastern Townships. Unhappily the father died only a
year after the immigration, and the family were compelled to go to work
on the Chateauguay River, the site of the celebrated battle ground being
part of the homestead. Assisted by his elder brother young Cross
received a liberal training, and entered the office of Mr. J. J. Day as
student-at-law. When the rebellion broke out in 1837, young Cross
enrolled his name amongst the loyal volunteers in Colonel Maitland’s
battalion, and served until the collapse of the insurrection in 1838,
when he retired as full sergeant. When Beauharnois was evacuated, he was
the first to enter it. While still a law student Mr. Cross was appointed
Clerk of the County, then much larger than at present. He was called to
the bar in 1842 and practised in partnership successively with Mr.
Duncan Fisher, Q.C., and Mr. (afterwards Judge) Smith. Under Lord
Metcalfe, in 1844, Mr. Cross was made Queen’s Counsel. His legal
career was eminently successful, and an appointment to the bench was
only a question of time. Mr. Cross took no prominent interest in party
politics, yet he felt keenly when Provincial property was in danger.
When the Montreal rioters, in 1849, fired the Parliament buildings, he
busied himself, with Sir L. H Lafontaine, in endeavouring to save the
archives, and also to rescue the members who were, for the moment, in
imminent danger. Judge Cross has invariably declined all efforts to draw
him into public life. He has more than once declined office when
tendered him, and resolutely adhered to his profession. He received his
appointment as Judge of the Queen’s Bench in August, 1877. It can
hardly be said that he is a partizan; perhaps if his leanings could be
ascertained, they would be rather Reform than Conservative. In
point of fact he is not a party man, but a sound judicial lawyer, and as
such has reflected honour on the Quebec bench. Judge Cross has been not
merely a judicial interpreter of the law, but a suggestive reformer,
especially in the direction of abolishing the effete laws on the subject
of usury—setting himself against a peculiarly Lower Canada feeling in
that direction. The Judge has a large family of eight, chiefly sons,
besides two who have gone before.
The Hon. Robert Mackay,
Judge of the Superior Court of Quebec, was a son of Colonel Mackay, long
an officer of the Indian Department; whilst his mother was the daughter
of the Hon. Arthur Davidson, a Judge of the Queen’s, Bench. He was
born at Montreal in 1816, and educated there. Unfortunately we have very
meagre details of his career. Having studied for the law, he was called
to the bar in 1837, and became a Queen’s Counsel thirty years after.
Judge Mackay’s professional rewards came to him later in the day than
is usual in this country. But he had already done substantial work. In
1857, when the statutes were to be consolidated, he was nominated as a
member of the Commission, and worked upon the Lower Canada and general
statutes. In 1868, he was elevated to the Bench, and shortly after made
an assistant Judge of the Queen’s Bench. Judge Mackay’s career has
been solely limited within the boundaries of his profession; but he is
admitted to be a sound lawyer and an unexceptionable Judge.
The Hon. Thomas Kennedy
Ramsay, M. A., Judge of the Queen’s Bench of Quebec, is a Scot by
birth, having been born at Ayr in September, 1826. Mr. Ramsay received
his education at St. Andrews, and came out to this country early in
life. Having selected the law as his profession, he studied under
Messrs. Meredith, Bethune & Dunkin, of whom two were raised to the
bench. Mr. Ramsay was called to the bar in 1852, and made a Q. C. in
1867. Lennoxville College gave him his degree, and his legal
abilities caused him to be appointed on the commission to codify the
laws. Unlike some of the Quebec Judges, Mr. Ramsay attempted to enter
political life, but without success. He attempted Huntingdon in 1867,
for the Commons. Judge Ramsay has been a hard worker in legal
literature, having founded the Lower Canada Jurist, and
early in his career was editor of the Journal de Jurisprudence, of
Montreal. Besides these labours, Mr. Ramsay has published in French,
historical and other legal brochure, illustrative of Lower Canadian law.
In 1870, he was appointed to the Superior Court, as assistant Judge, and
in 1873, as Puisne Judge of the Queen’s Bench. Prior to his elevation,
Mr. Ramsay took part in many causes celébres, especially the
Lamirault extradition case, and the Fenian prosecutions at Sweetsburg in
1866.
The Hon. Frederick
William Torrance, M.A., Judge of the Quebec Superior Court, is son of a
Scotsman, who was a merchant at Montreal. Judge Torrance was born in
that city in July, 1823. His preliminary education was received at
Nicolet, but he early repaired to Edinburgh, where he took his degree of
M.A., in 1844, with honours both in classics and in mathematics. He had
previously attended courses of lectures at Paris, with the apparent
design of practising medicine. He returned to Canada, however, and
studied law under Messrs. Fisher & Smith—the latter of whom was
subsequently Attorney-General for Lower Canada. Having been called to
the bar in 1848, Mr. Torrance practised his profession in Montreal or
its vicinity for twenty years, and was made Queen’s Counsel in 1867.
Judge Torrance had also to do with the establishment of the Lower
Canada Jurist, and was its manager during the first four years. In
addition to that, Mr. Torrance was lecturer on Roman Law at McGill
University. He is a most industrious and careful teacher, and enjoys the
thorough respect of the profession. He has never entered the political
arena, and has always worked either on the bench or at the bar, purely
as a member of the profession. The degree of B. C. L. was conferred upon
him in 1856, by McGill University, and since 1870, he has been one of
its Governors. In 1865, he undertook the important duty of enquiring
into the raid at St. Alban’s, which resulted in the payment to the
Americans of the money plundered from the Vermont Bank. Mr. Torrance was
appointed a Judge of the Superior Court in August, 1868.
The Hon. Charles Duff,
although a native of New Brunswick, was born of Perthshire parents in
July, 1817. His life has not been eventful. Educated at St. John Grammar
school, he early applied himself to the legal profession, and was called
to the bar in 1840. Twenty years thereafter, his merits as a
practitioner were rewarded with the silk; but fifteen years elapsed
before he became in October, 1875, a Puisne Judge of the Superior Court
of New Brunswick. Mention has already been made of the Hon. James
William Johnston, and we have now to speak of his son, who bears the
same name. He was born in the City of Halifax, and is County Court Judge
of the district. His birth took place in January, 1824, when his father
was in the zenith of political controversy. The paternal grandfather was
a Scot, and believed himself entitled to the Marquisate of Annandale. He
had settled in Georgia and followed the fortunes of the U. E. Loyalists,
when their cause, and that of their king, were lost. The family first
settled at Kingston, and finally made its way to Nova Scotia whither so
many Loyalists had preceded them. The present judge received his
education at Acadia College, and studied law in his father’s office.
Called to the bar in 1845, he practised at Halifax for nearly twenty
years, being appointed by the Dominion Government to the judgeship in
1873. Judge Johnston, like many of his confreres has occupied a high
position in the Masonic order.
George Campbell, of
Truro, N. S., occupies the position of registrar of the
Probate Courts, and also practises his profession. He was born in
Colchester county in 1832, the grandson of a Scot who settled at Pictou.
His father was the Hon. Alexander Campbell, for many years a member of
the Legislative Council. Mr. Campbell was educated at the Wesleyan
Academy at Sackville, and subsequently studied law under Adams G.
Archibald, now Lieutenant Governor of the Province. When called to the
bar in 1856,he entered into partnership with his former principal who
until 1867, practiced with him. Since Confederation he has stood alone.
In Nova Scotia he bears the reputation of being a most able and
conscientious lawyer, widely known and respected throughout the
Province. In 1863, he was made registrar of probate, after having held
other public positions of honour and trust. Mr. Campbell is also a
member of the Presbyterian Church; and until 1879, when he resigned the
Lieutenant-Colonelcy of the 78th Highlanders, had for many
years been connected with the Provincial militia.
Another lawyer of Nova
Scotia, who practises at Antigonish, belongs to the real Highland stock,
his parents having settled in Nova Scotia from Arisaig, Inverness-shire.
Angus Macgillivray was born in the County of Pictou, in January, 1822,
his father was a farmer and removed when Angus was still young to
Antigonish. There the latter was educated at the St. Francois Xavier
College and thereafter applied himself to the study of the law under the
Hon. Hugh Macdonald, now upon the bench. Admitted to the bar in 1847,
Mr. Macgillivray enjoys a lucrative practice not only in the Provincial
Courts but also in the Supreme Court of the Dominion. As a public man he
has occupied a prominent position in the Assembly, and took a foremost
position in the agitation for the abolition of the Legislative Council.
Nevertheless he is a professed Conservative, and represents the views of
a constituency of a similar complexion. Mr. Macgillivray holds some
views that have found expression further west. He considers a second
chamber in the Provinces unnecessary, and also regards the party system,
however called for in the arena of Dominion politics, a hindrance rather
than an advantage in the smaller sphere of Provincial legislation. On
these points he expresses his opinions fully and emphatically. Mr.
Macgillivray was President of the Highland Society and presented the
Gaelic address to the Marquis of Lorne in 1878. As may be gathered from
the place of his education, Mr. Macgillivray belongs to the Roman
Catholic Church, possessing a kindly and generous nature which makes him
popular far beyond the limits of denominational connections.
Our list may conclude for
the present with a New Brunswick judge, reserved for the last. James
Grey Stevens, at present judge for four counties in the Province, was
born in Edinburgh, Scotland, in 1822. His father was a Writer to the
Signet and solicitor at "Auld Reekie," whilst his mother, a
daughter of Sir Colin Campbell, of Auchinleck, possessed singular
literary ability. In the palmy days of Blackwood and the Edinburgh
Review, the future Mrs. Stevens was a valued contributor, and, in
addition, wrote some sparkling works, illustrating Scottish life. Her
sister, it may be mentioned, was the wife of Sir John Richardson, the
Arctic explorer.
Mr. Stevens was educated
at Edinburgh University when Sir William Hamilton and Professor Wilson
(Christopher North) were upon the staff. Having come to New Brunswick,
he settled at St. Stephen, where he studied law under Mr. Alexander
Campbell, now a resident of California, and subsequently with another
Scot, Mr. Kerr. Mr. Stevens was admitted to practise in 1845, and called
to the bar in 1847. His practice was large and varied, especially in
equity suits touching matters of business.
Mr. Stevens had a short
term of public life between 1861 and 1865, when he was defeated on
account of his partiality for Confederation. However, when the tide
turned in the direction already described, he was once more in the
Assembly, and aided by his speeches and the measures he introduced, in
promoting the material progress of New Brunswick. In June, 1867, Judge
Stevens was appointed to his present position, which he fills with great
dignity and learning. It may be well to state that the learned judge has
compiled more than one work of great value to the legal profession.
In drawing this portion
of the work to a close, it is necessary to acknowledge the obligations
we owe to those who have kindly aided us. It has not been thought well
to name here all the many friends who have tendered that aid. In
concluding the final instalment, an effort will be made to express, in
some measure, our grateful acknowledgments. In the portion devoted
herein to the churches and the law, great difficulty has been
experienced from want of information. To those, therefore, who have
given assistance, in the form of manuscript, we owe all the more sincere
gratitude. In the interval which elapses between the issue, of this, and
the concluding, part of the work, perhaps its friends will aid us with
advice, correction in matters of fact and assistance in a labour
sufficiently arduous in itself and not performed under the most
favouring circumstances.
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