BARRISTER-AT-LAW
‘Old! call you him? He is strong yet; ay, stronger than à horse, but not stronger than his
arguments. ” PREMI10-RrAL.
À Scotch author, in his work on ‘ Brit-
Eloquence ofthe Nineteenth Century,” leaking of the late Mr. Canning, M. P.
ys :—‘* [It was an epoch in a man's life
TEE SR
Re PR
to have heard him.... He seemed actually to have increased in stature, his attitude was so majestic, his chest heaved and expanded, his nostrils dilated, a noble pride slightly curled his lip, and age and
sickness were dissolved and forgotten in the ardour of youthful genius. ” à
Those, and there are many, who know hi the subject of this sketch and have heardBpi his forensic addresses, cannot help, afterMlik listening to the weightiness of his argu-lBof
ments and the force of his appeals, but attach to Mr. Willan the attributes which the enthusiastic writer, whom I have just cited,granted to the eminent Mr. Canning
On such an occasion, as well as on tha of the reading of one of the careful andgient better productions of Mr. Willan’s facil
pen, one is not only apt to forget, bulk forgets indeed, his carelessness in dresrod
emed actutature, his est heaved ed, a noble nd age and orgotten in
LE
who know have heard help, after fhis argur ppeals, but jutes which I have just r. Canning
l as on tha
careful -and ients of the unive vell-
forget, bug
lan’s facil
and all his other which, alike with ot indubitably abounds
idiosyncracies, with her men of talent, he
of the judicious blendi
whom the finer endowments of both are .
fo Mmanifestly apparent.
his s (carefully Ogether with
his barrister’s gown,—of which it is said that ‘‘it never covers his shoulders in the
same way twice” (there are so many arm-holes, or what may be taken for such, in it), — were purposely worn to relevate
and enhance his natural appearance.
However these and other things may be, it is an undeniable fact that my friend,
were he resident in some mcre thickly populated country, would find a betterÆ x field for remuneration of his brilliant parts. 1 He would have a more prosperous pre}, sent, besides a noble future. At all events B his legal utterances and magnificent writ-Rla, ings will be sought and studied bj generations yet to come.
For myself, I must refrain, consistentl)
with the nature of this album, from gath-
ering here as much as I should like of hiffthe speeches aud writings, but solely give »;
t is said
rs in the so many for such,
,) relevate
ance.
ings may my friend, re thickly d a better liant parts.
perous pre:
all events, ficent writ:
tudied bj
onsistentl} from gath- 1 like of his lely Give * In 1567.
very few condensed specimens of his la-
bors and relate a few anecdotes of him.
Î cannot remember exactly how or Wacn, but somewhere I have ‘rlated that this well-reputed writer is mentioned in Morgan’s. ‘ Bibliotheca Canadensis, ” page 392, as ‘beyond all question in all respects the ablest and most powerful writer on the Canadian press.” The same authority refers to him as a barrister-atla 1 a ‘leading position,” of ‘great powers of eloquence” and possessino “rare talents” as ‘an expounder of the law.” Mr. Morgan continues of him ;— “he must be now * about thirty five years on the press of Canada and is supposed to possess great knowledge of the Canadian public and to be an authority on he constitutional law of the country.
IT
Without referring back to journals of older date, I content myself with taking up the file for this month of one of the local publications, to the columns of which Mr. Willan contributes the greater num-
ber of its political articles, and I select
three or four ‘‘leaders” so markedly his that the slightest doubt cannot be enter-k tained as to their authorship.
The following article, which is the first} that comes to my hand, is on the now l:tent question of inter-imperialism : —
ttce “The Americans may as well cease from their,
hostility to the imperial assimilation of queel, Victoria’s European and non-European domi |
ions; inasmuch as their history is itself so strong an argument in favor of assimilation as to outweigh every argument their agents and adherents in Canada can utter against it.
# What created the United States of America ? Simply the want of representation in the imperurnals of ial parliament. According to the old Angloth taking D Saxon theory of government, no free man could ne of the be taxed ‘save by his consent in parliament”?
£ which [to quote the words of Sir Edward Coke, the 1S OÙ W
ater numd 1 select arkedly his t be enter:
prince of english lawyers). Not only was this strongly felt by the Americans, its force was admitted on the other side. The English law offcers set up an absurd technical plea to the Amer-
Ban demands’ by saying that, according to some old deeds and charters, America was part of the anor Of East Greenwich and therefore was reis the first Dresented in contemplation of law in the British arliament! Such nonsense of course had
n the nov
; ho more effect then that it would have now, alism :—
heept as a mere gloss for the acts of the govse from theïrnment and an admission that in principle jon of queë opean domi their pretensions according to the general and
ranklin and his fellow-Americans were right
acknowledged maxims of England’s special constitution as derived from remote antiquity. It was, however, on all sides admitted that the Americans might have been justly taxed had they been really and fairly represented in the British parliament, Had they been so, happy indeed would have been the results for England and themselves! From how many needless foreign wars (many of th
undertaken for no other interest than the pre. servation of Hanover) would not England have been saved ? What floods of blood, what burdens
of debt and taxes would she not have avoided à e
had it been necessary to consult the trans-Atlan-
tic vote where war parties at home were in the ascendant, and Englishmen infatuated with con.
tinental alliances were in the cabinet. Nay, how great a benefit to humanity at large would not} that trans Atlantic vote have proved ?
“To America herself the consequences of as similation with the parent state would have been still more beneficial. Great as she now is, how much more resplendent would be her attitude ha wisdom prevailed in Britain’s colonial polie during the years preceding 1776. Had represeu
ation in the imperial parliament been enjoyed by the British colonies (now the United States), their revolution would never have taken place,
ecial Conty. Et was, Americans seen really and they would have been sharers in glories parliament, surpassing the separate institutions now enjoyed | have been by Great Britain and themselves as actually exest From Æ isting nations. They are now a powerful republic, uy of th but they are not lords of India and masters of the an the pre | sea. Assimilated with England they would have gland have been both. The forces of both countries united into at burdens [à one, no such power would have been seen on ave avoidel jearth since the downfall of the ancient classic , trans-Atlan- Roman empire. Combined in one mighty whole, were in the the Atlantic would have been their lake, Asia ed with con- Rand Africa their colonies, and neither Russia nor tk. Nay, how e would noutier a remonstrance against their voice potent-
Germany would have been in à position even to
9 jal. It is in vain to foresee the prospect of this
ces of as ision of the possible. It belongs to the irrevocuen
yld have beet now 15, how r attitude ha lonial politi ad represel
ble past. It might have been a splendid reality,
nd is now a melanchoiy warning, classing mongst the mosi mournful of lost opportunities.
“Itis, however, the duty of the present to shape he future more or less from the destinies of the
past. What might have been, had England been wise in time, may be yet, so far as Canada, Aus tralia and Polynesia are concerned. California is not richer than those lands in the Pacific Ocean, which proudly and gladly acknowledge the protecting and paternal shadow of the Brit: ish standard.
‘Canada in area is larger than the Unitd States and in climate far more suitable to the growth in numbers and in vigor of the Caucassian race. Its soil is capable of feeding all Europe tl twice told, and it needs nothing save a policy of true imperialism to make it in all respects à superior country to its more southern rival.
“The United States created by England's ne lect and final misrule of her colonies and th
narrow ‘localism” (to coin a much needed worl which was the parent of that neglect and mi
rule, have profited, grown and thriven by En land’s neglect of her remaining colonies. Ii time that negligence of her interests, and ht hostility which has done so much evil, shou cease, and that the centralization of Queen Vi
toria’s territories should supersede that policy of
sland been | icy ada, Aus anarchy, disorder and confusion which, aiming 1 : : ù
pren atthe loosest of confederations, has practically the Pacific dismembered the British empire.”
cknowledge The second article, which is on a very
Df the Brit
kindred subject to the foregoing, but re-
ferring in a more special manner to Can-
the UnitiE :4a, reads :— table to the Le Caucassian That Canada cannot stand as she is, will, we
, all Europe think, be generally conceded ; but independence ; a policy 0 is worse than a myth and the choice of our 11 respects à future lies between annexation and assimilation. -n rival Of these the first named holds out for us no attraction whatever. It is simply a lesser evil than ngland's 1 independence, but it offers burdens absolutelv pnies and TE ithout advantages, ard the vortex of its politics needed WO!Bure fraught with dangers for so new a partner in
ect and Miits business as Canada would be. On the other iriven by EMhand, assimilation offers us relief from our preolonies. li
ests, and hé
evil, shot
of Queen \
sent cause of complaint and benefits both naional, political and social.
“We should continue to be protected by the
“sovereignty of the seas ? and we would share in that sovereignty. The burthens of our defence
would not be increased, but the field of ambition for our people would.
“ In order to carry confederation, the men now in office stimulated, to the utmost of their power, the sentiment of ambition and, what the Ame ricans would call, the love of ‘a big thing” in the Canadian mind. Now there are few things
more dangerous for a government than to stim-
ulate ambition.
“ Amongst the legends of the Middle Ages was that of two students of Padua who lighted on the books of Albertus Magnus, and reading a page of forbidden lore, suddenly and unexpecteäly founi themselves confronted by an innumerable crowi of demons who, with one accord, shouted où!
‘ Ye have called us, ye have called us, now ge us work or we will destroy ye!” Such is in gool truth the condition to which the adventurous b
incompetent politicians of the British Norl American confederation have reduced bo themselves and their country. It is not thé
would share f our defence 1 of ambition
the men now ftheir power, at the Ame.
big thing” in re few things than to stim-
ldle Ages war lighted on the ling à page 0!
ecteäly founi nerable crowi , Shouted où
| us, DOW £f
uch is in goo venturous b British Nort reduced bol t is not the
uch of Cana
fault that
‘1e vast resources of the British em.
pire and the endless view both of profit and of glory, which assimilation offers to the colonist,
makes annexation 100k paltry, poor and insipid in COMparison with it,
“ The conquest Of the M upof a ‘whiskey ring”, other case of ‘b of somebody’s election,
odocs; the breaking
the discovery of anallot-box stuffing”,
‘ opinion the Conviction of
the utterance 4S (0 à gubernatorial
à ‘Counterfeiter” or the flight of some iMposter who for three months
has been setting the fashions to the ‘shoddy? lords and their families ; such are SCarcely ihe *
“vents, either social or political, for Englishmen F0 SyMmpathize with.”
Another Production of Mr
Willan's "a production wh
ich, judging from 5» Proposes to show :
How we re Soverned,’
2e. how Canada IS gov-
rned, and concludes with the expression
at, at no far distant day, da’s léprésentative system
PORT ARE < rc So 0 ou 2e mg ame LT
e & > = oi ge - LR ; »
D TEE me Dieu À <
æ ro é Pet ri $ di in tnt.
ne RE PNEE “#e “EA ES
will be practically understood as conveniently and easily dispensable,—runs as follows : —
“The bill ‘To reduce the salaries and allow.
ances of certain public functionaries and officers and the indemnity to members of the senate and house of commons, is a move in the right di. L rection, and would unquestionably be a boon to RE ° the heavily taxed people of this country. Pi
‘“ The reduction of allowances and indemnity to legislators is, we repeat, desirable; but the total abolition of such disgraceful expenses wouli be far more so. It is highly degrading to ow legislators and our country that the senate and legislative councils, and the commons ani houses of assembly should all require to be paid, nor is it possible to see any national ground oil
which such payment can be based. For the firs thirty-six years of parliamentary government i Ganada, no payment whatever was made, eithe
to legislative councillors or the representative of the people, and there never was any reast why the old British constitutional system of no!
conven- payment should have been departed from ; nor is runs 45 there any why it should not be restored. As for the other payments under our present system
there is nothing to justify them.
and allow.
nd officers
senate and
“The case of Letellier has proved two things. That lieutenant-governors are nonentities and | that the governor-general is the subordinate dé ao of his ministers. Such being the case — if the dl present system of government is to continue — all di these functionaries should be swept away. The à indemni EE functions of governors, whether general or lieule; but (RE bnant, should ve discharged by the presidents of penses WOullE he executive councils or cabinet, and thus—
iding t0 OÙS &h: atrocious decision in the case of the Honorthe senale |
ommons an ire to be pail:
al ground 0!
For the fi overnment il | made, eithel epresentative as any Tes system of no!
able Mr. Letellier—would at least save a quarter
of a million of dollars per annum, a heavy expense which the country can illafford. Useless
offices will never be too soon got rid of, and the
days are coming that the people will say to the kings of the earth :—‘ Govern or go.’ ”
In the last issue printed of the public-
ation previously referred to in this chap-
er, and which has just been left on my
table, I find the following, respecting English foreign policy and electoral af.
fairs in England :—
“The attacks of Mr. Gladstone on Austria are a fresh proof of that politician’s total incapacity to
deal efficiently or even rationally with the foreign R
relations of his country. If all Turkey and Rou: mania, and Servia also, could be placed under the Austrian flag, it would be a happy event for the human race.
“ Nothing could be more deplorable as a na tional spectacle than Turkey as Mr. Gladstone would wish to see her. Bad as is the state of the South American republics, it would be political blessedness in comparison with the blood-thirst; anarchy which would distinguish the wild race and hostile creeds of the Turkish empire if l loose from..all central control and formed into: nest of republics as Gladstone wishes. That di memberer of the British empire and transfert of the Ionian Islands is disgusted to see As Minor and Egypt practically added to the Britis
empire and Austria utilised in the friendly 0 of]
specting oral af
ustria are capacity (0 the foreign y and Rouaced under y event for
ble as à nt r. Gladstont e state of the
be political blood-thirsii he wild ract empire if l@ ormed into:
es. That di nd transfertt
to see Al to the Britis
lice of * covering ‘overing the back of E | g the back of England 1 | n “Itis : stabli | un old established maxim of state policy that * whoever ci i t ‘ whoever can most readily injure you :
lily » you is vour natural ener natural enemy, and whoever can most readily in] | | adily injure your natural enemy is vour nat ural ally 1e f r | il ally In the face of this Mr. Gladston ce ù : L L . S * * :
onstitutes himself the foe of non-maritime and È e anc acific Austria in favor of tria in favor of maritime, ambitious
and aggressive Russia !
“[tis to be hoped there will be found wisdom none D the English constituencies to quench this peripatetic firebrand and his nétie in th dead sea of electoral defeat and parliame condemnation. ” ue
l here append a few anecdotes, related
e friendly 1 of Mr. Willan, the scene of each of which
is laid in some one or other court of justice, where he has, in every quoted instance, appeared as counsel for the
defendant.
On one occasion, while extollinz the powers of a jury, in the hope of obtaining from those he addressed a verdict entirely at variance with the anticipated charge ofthe Court, Mr. Willan remarked that “even the Scripture favored that great institution (meaning, trial by jury). ‘The judge interrupted him, saying, ‘ Mr. Willan, where does the Scripture even mention a jury? He replied, “ Your Honor has forgotten that the holy David has
‘said or sang,’ ‘in Fewryis God known.” À prisoner once stood at the bar on an
indictment against four persons, inclu
himself and one ?eter Colliche.
Willan, defending the prisoner, move
urt oO!
quoted
for the
inz the btaining entirely | charge ked that hat great ry). The Mr. Wil-
David has 1 known.
bar on a
inclu he.
er,
movel
that the trial be postponed, on the ground of the absence of a material witness for the defence, by name ?efre Colliche. The Crown resisted this, on the ground that the witness sought for was one of the three fugitives indicted with the solitary prisoner. The learned counsel replied, “ Petre and Peter are not the same name nor are they even z24em sonans,; moreover, one is properly a surname and the other is truly a Christian name, and the record, the highest of evidence and here invincible, supports my application.” The queen’s counsel said ‘“ The learned gentleman knows very well they are the same person.” The-reply came, ‘The learned gentleman, as my learned friend is good mough to call him, is not on evidence.”
The Court ruled for the motion.
At another time a witness appeared
against Mr. Wilian’s client, whose evidence was absolutely fatal, and there seemed to be no means of shaking it; neither was anything known at the moment about the witness, who appeared be a stranger; when suddenly the prisoner’s counsel, looking at the witness head, said, ‘ Where did you jast get your hair cut?” It turned out the Jast place that that act was performed was at the penitentiary. His cross-examiner had not known the man, but he knew ‘the crop”; and his invectives, based on a conviction for felony, destroyed th: witness testi-
mony and saved his client.
À Crown witness having been inducei
to make some admissions out of court
fatal to his testimony and which he was}
resolved upon denying on oath, the sub-
ject of this sketch got the truth from him
ss!
se evid- by the following ruse. ‘The court being
d there À very crowded and the witness a stranger kingit; Dtthe locality, Mr. Willan suddenly raisthe mo- Æ ed his gown, so as to conceal two persons
»eared ‘9 À who happened to be in the crowd, and the pri- Æ then, pointing over his shoulder with his
, witness D thumb, shouted out, ‘‘ Dare you, in the t get your Æ presence of these men behind me, deny Jast place Æ your own -words of Wednesday last ?” ras at the ÊThe witness, believing that two listeners er had nct Æto his conversation were about to contrathe crop’; Bdict him, made the admission sought for, conviction Eu so reluctantly and ungracicusly, that ess’ testi-Rihe Jearned counsel found no ificulty
Sin destroying his evidence and clearing
| Bis own client. n inducei
+ of cout Mr. Willan's great knowledge of the ich he was the sub
h from hin
echnicalities of his profession and biea-
jure in using them are shown by the
bllowing instances of a mode of special
pleading which legislation has made ob.
solete.
Two women were indicted for felony:
one of whom pleaded ‘ouilty,” for the purpose of giving evidence against the other. Mr. Willan, then a very youn
lawyer, made interest with an old mem
ber of the Bar to get this woman brought up for judgment, and succeeded in tha object. The trial of the principal crimind coming on immediately after, Mr. Willa rose as soon as ‘‘ lhe Book” was tend ered to the witness, saying, ‘“ You can swear her: she stands affainted.” Th was ruled ; the Crown remaining withoi evidence, the defendant was necessari
acquitted.
On another occasion a prisoner stot indicted for stealing a box containing glas
of the value of seven shillings. By a ve
= à Ash —
courteous and insidious cross-examin-
made ob:
ation, Mr. Willan led the witness to say
the box was worth nothing; and the acfor felony: quittal of the prisoner was procured on ,” for tte round that there could be no larceny against tof that which was valueless: that the ery YOU dictment was for stealing the box and \ old meme words “cortaining glass” were only
nan brougli description of the box. It was held so, ded in thal
jminal . : oi pal CMS idicted and brought to trial for steal- dt
, Mr. Willa ng the glass. Mr. Willan pleaded ‘‘ az- EE
and the man acquitted. He was then
" was ten tr: Vou can nted.”. Th
ning withol
erfors acquis,” resisted evidence to prove e taking of the box, showed that there as but one asportation, if any, and proured a verdict for his client by direction
cessaril s ne fthe Court.
:soner Stoi One Brocks was on trial for having 1S
d'holding burglarious instruments, and
taining glas s. By à v
e jury found him guilty of being in pos-
