A history of Canada, 1763-1812Lucas, Charles Prestwood, Sir
History
A history of Canada, 1763-1812
Lucas, Charles Prestwood, Sir
Canada -- History -- 1763-1867
small-minded minister in England was bent on ridding himself of the
best man who served England in America.[118]
[Sidenote: The case of Chief Justice Livius.]
As Germain superseded Carleton in his military command, so he set
aside his advice, and over-rode his appointments in civil matters.
Reference has already been made to the evil effects produced by
appointing unfit men to legal and judicial offices in Canada. The
climax was reached when Germain in August, 1776, appointed to the
Chief Justiceship of Canada a man named Livius, whose case attained
considerable notoriety in the annals of the time. Peter Livius
seems to have been a foreigner by extraction. Before the war broke
out, he had been a judge in New Hampshire; and, his appointment
having been abolished, he came back to England with a grievance
against the governor and council, with whom he had been on bad
terms while still holding his judgeship. A provision in the Quebec
Act had annulled all the commissions given to the judges and other
officers in Canada under the Royal Proclamation of 1763, which
that Act superseded: and the English ministry seems to have taken
advantage of this provision to displace men who had done their work
well, and whose services Carleton desired to retain, substituting
for them unfit nominees from England.
[Sidenote: Carleton’s description of Livius.]
One of the men thus substituted was Livius, for whom they saw
an opportunity of providing in Canada. Lord Dartmouth wrote to
Carleton in May, 1775, notifying the appointment of Livius as a
judge of Common Pleas for the district of Montreal; and in August
of the following year he was promoted by Germain to be Chief
Justice of Canada. Livius succeeded Chief Justice Hey, who had
held the office since 1766, and had in August, 1775, requested to
be allowed to retire after ‘ten years honest, however imperfect,
endeavours to serve the Crown in an unpleasant and something
critical situation’.[119] Hey was a man of high standing and
character, and had been much consulted by the Government in passing
the Quebec Act. Livius was a man of a wholly different class.
Carleton’s unflattering description of him in a letter written on
the 25th of June, 1778,[120] was that he was ‘greedy of power and
more greedy of gain, imperious and impetuous in his temper, but
learned in the ways and eloquence of the New England provinces,
valuing himself in his knowledge how to manage governors, well
schooled, it seems, in business of this sort’. ‘’Tis unfortunate,’
he wrote in another and earlier letter, referring apparently to
Livius, ‘that your Lordship should find it necessary for the King’s
service to send over a person to administer justice to this people,
when he understands neither their laws, manners, customs, nor their
language.’[121]
[Sidenote: He dismisses him from office.]
Public-domain text, read in full here on John Shaqi.
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