The Sun.
London, England, 1854-01-14 00:00:00

VIE LATE SIR JAMES STUART, BART.

( From the Law Reporter.)
Died at Quebec, on the 14th July, 1553, Sir James
Stuart, Baronet, LL.D., Chief Justice of the Court of
Queen's Bench for Lower Canada, in the 74th year of
bis age. Sir James was born at Fort Hunter, on the
Mohawk River, in the State of New York, on the 2d
of March, 1780. He was the third son of the Reverend
John Stuart, D.D., then a clergyman of the Church of
England at Fort Hunter, and afterwards Rector of
Kingston and Ecclesiastical Commissary for Canada.
After passing two years at school in Schenectady, he
went to the college at Windsor in Nova Scotia, then
the only Protestant Collegiate Institution in British
North America. Having completed the ordinary course
of study in that college at the unusually early of four-
teen, he became, in 1794, a student at law with Mr.
Reid, then Prothonotary of the Court of King's Bench
at Montreal, with whom he remained four years, and in
1798 he entered the office of the late Jonathan Sewell,

then Attorney-General, and afterwards Chief Justice of
Lower Canada. With this gentleman he completed his

studies, and was called to the Bar on the 28th Of March,
1801. Before being called, however, he received from
Sir Robert Shore-Milnes, Lieutenant-Governor of Lower

Canada, the appointment of Assistant Secretary, which
he retained for several years, practising at the same time
his profession at Quebec.
In 1805, at the early age of twenty-five, he was ap-
pointed Solicitor-General for Lower Canada, and re-
moved to Montreal, which was then the usual station of

the incumbent of that office.
At the General Election in 1808 he was returned to
represent the County of Montreal and also the County
of Buckingham, and declared his option to sit for Mon-
treal. In 1809, in consequence of some differences with
the Executive, he was removed from the office of Solici-
tor-General. He remained a member of the Assembly.

until 1817, when he withdrew for a time from political
life.
In December, 1822, he was sent to England as the
Delegate of the British inhabitants of the City and
County of Montreal to advocate the re-union of Upper
and Lower Canada, under one Legislature ; and while
in England advocating that measure, he was offered' by
the British Government the office of Attorney-General

for Lower Canada, which he accepted, and to which he
was formally appointed in 1822.
In 1827 he was appointed a member of the Executive
Council, and elected a member of the Provincial Parlia-
ment for Sorel. In March, 1831, in consequence of
the part he held it his duty to take in the political strug-
gles of the day, he was suspended from office by Lord
Aylmer, the then Governor-General, which suspension
the Colonial Minister (Lord Goderich) thought it ex-
pedient to advise the Crown to confirm in November,
1832. But, in the following month of May after the
change in the administration, by which the Right Hon.
Edward G. Stanley (now the Earl of Derby) became
Secretary of State for the Colonies, Sir James received
from him an official communication, acknowledging in
effect the injustice of the decision against him ; and ac-
companied by an offer of the office of Chief Justice of
Newfoundland, which was respectfully declined ; Sir
James then returned to Lower Canada, and resumed
practice as an advocate at Quebec.
In 1838, the Earl of Durham after completing his well
know inquiry into the state of the provinces, and before
leaving Quebec on his return to England, appointed Sir
James Chief Justice of Lower Canada, in the place of

the Hon. Jonathan Sewell, who retired upon a passion.
In Lord Durham's despatch to Lord Glenelg, dated
Castle of St. Louis, 20th October, 1838, the motives for
this appointment are given in the following terms :
"In the place of Mr. Sewell I have not hesitated a
moment to appoint Mr. James Stuart. Public opinion,
with so universal a consent, points out this gentleman
as the ablest lawyer in the province, that there cannot -
be a doubt that it would be injustice and folly to place
any other person in the highest judicial office of the pro-
vince. It is especially necessary that, in times like
these, the capacious understanding, sound knowledge
and vigorous decision of Mr. Stewart should be em-
ployed in the public service."
During the administration of Lord Seaton (then Sir
John Colborne) he was a member of the Special Council
of Lower Canada, and acted as chairman of that body.
And among the many useful acts of legislation which
are generally attributed to his pen, is the first success-
ful attempt to introduce into Lower Canada a system of
registration of titles and claims upon real estate. The
incorporation of the cities of Quebec and Montreal, and
a general municipal system for Lower Canada, are
also understood to be his work, and his talents were
also made available by Lord Sydenham in preparing
the Act to re-unite the Provinces of Upper and Lower
Canada and for the Government of Canada passed by
the British Parliament in 1840, and now forming the
Constitution of Canada
For his eminent public services he was erected a
Baronet of the United Kingdom in 1840 ; on which oc-
casion he selected for his motto :—" Just itice propositique
tenax," which few words contain an epitome of his cha-
racter. He was married in 1818 to the only surviving
daughter of Alexander Robertson, Esq., of Montreal.;
and leaves four children, three sons, the eldest of whom
inherits the baronetcy, and one daughter.
His practice as an advocate was of the most extensive
and varied character, his eloquence and legal ability of
the highest order ; and of the estimation in which his
rare qualities were held by his professional brethren,
the Resolutions of the Bars of Quebec and Montreal
with which we conclude this notice, afford ample
proof:—
"At a meeting of the members of the Bar, of this
section, held in their rooms, on Friday, the 15th instant,
the following resolutions were unanimously adopted :
Moved by the Hon. Henry Black, Q.C., seconded by
Mr. Solicitor-General Chaveau, and resolved,
That the members of the Bar have learned with the
deepest sorrow the death of the Hon. Sir James Stuart,
Baronet, Chief Justice of the Court of Queen's Bench,
for Lower Canada, and as such the head of the pro-
fession therein ; and feel it right to record their high
estimate of his abilities and character, and their pro-
found sense of the loss which the profession has sustained
by his decease.
Moved by the Hon. R. E. Caron, Q.C., seconded by
the Hon. F. W. Primrose, Q.C., and resolved,
That throughout the long period of more than fifty
years, during which Sir James was a member of the pro-
fession, and during a very great portion of which he
held the highest professional rank and office, his great
and varied learning, his profound legal research and
attainments, his unwearied industry, and his inflexible
integrity, have placed him among the foremost of the
j urists of his day, and marked him as one of whom our
country may be justly proud.
Moved by Dunbar Ross, Esq., seconded by Louis G.
Baillargd, Esq., and resolved,
That in testimony of the respect of this Bar for his
memory, the members thereof do attend his funeral,
and wear mourning for one month.
Moved by Francois Lemieux, Esq., seconded by Fred.
Vannavous, Esq., and resolved,
That the secretary communicate to the family of Sir
James Stuart a copy of these resolutions, with the ex-
pression of the sincere and respectful sympathy of this
Bar."
"At a meeting of the Montreal Section of the Bar of
Lower Canada, held at the Council Rooms in the Court-
house of this city, on the 18th day of July, 1853, in
order to adopt measures expressive of respect for the
memory of the late Sir James Stuart, Chief Justice of
the Court of Queen's Bench and Appeals, in Lower
Canada, the following resolutions were adopted :
Resolved—That the members of the Montreal section
of the Bar, have received with emotions of deep regret,
the intelligence of the death of the late Chief Justice
Sir James Stuart, who for several years past has occu-
pied the position of head of the Judiciary in this section
of the Province.
Resolved—That his acknowledged abilities and deep
learning in his profession obtained for him the respect of
the Bar, whilst his integrity in his judicial office secured
for him the confidence of the public generally.
Resolved—That the members of this section tender to
the family of the deceased Chief Justice, the expression
of their sympathy and condolence.
Resolved—That they will wear the usual badge of
mourning for one month, in testimony of their respect.
Resolved—That a copy of these resolutions be trans-
mitted to the family of the deceased, and the other Bar
sections of Lower Canada."

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