Canada and the StatesWatkin, E. W. (Edward William), Sir
History
Canada and the States
Watkin, E. W. (Edward William), Sir
Canada -- Description and travel; Canada -- History; United States -- Description and travel
"The difference in language, customs, and religion, divides the
population into two distinct sections, and is a bar to united effort
and to the improvement of the country; which nevertheless does improve
in spite of this difficulty, though not as rapidly as it might and
ought. I did not fully appreciate this until I visited the Superior Law
Court, then sitting in Montreal. This court is held, during the
erection of the new court-house, in the old, low-walled, high-roofed,
building in which the French Government conducted their public affairs
a hundred and fifty years ago. In this building, in 1839, the Privy
Council decided to place the country under martial law, and the
proclamation was issued from it.
"The judges sitting when I visited the court were Smith, Van Feloon,
and Mondelet, the latter a French Canadian. The first case argued was a
long-pending one between Sir John Stewart and an architect, who had
superintended the erection of some buildings on one of Sir John's
farms. The counsel were not over clever, but sufficiently verbose, and
full enough of 'instances,' both ancient and modern. The counsel for
Sir John laid great stress upon the erroneous manner in which the
action had been laid, and contended that as the English form of'
assumpsit' had been taken, in order to get both debt and damages,
instead of a single action of damages being brought, all the
consequences of the form adopted must be taken by the plaintiff, who,
not having proved _damages_, or even stated them, must be held by
the court to have made out no case, and be cast accordingly. The
counsel quoted the old French law, and a French law-writer of 1700,
Chardon, and also English and Canadian authorities. The French Canadian
judge having, during the oration, thrown in an observation or two in
English, which he did not speak over fluently, at length uttered in
French a long comment upon the fallacy of the argument--which sounded
strangely. The counsel for the architect went at the argument of his
opponent with great vigour, stimulated by the expressed opinion of
Judge Mondelet, and went back to the days of ancient Rome to show that
forms of action had been difficult even in those days, having once
caused a revolt. He declared that even in England they were as
unsettled as ever; and wound up by propounding as a dogma, that the
Canadian law was neither English, French, Roman, nor of any other
precedent, but was founded upon common sense, which was the only guide
and authority in the administration of it. In corroboration of this,
the little black eye of Judge Mondelet brightly twinkled, and he nodded
his head in dignified approbation. Judge Van Feloon, who seemed more
phlegmatic, quietly settled the matter by saying, that he supposed if a
man _did_ work for another, and the other had agreed to pay him,
he was entitled to the money, and that therefore the court would have
to see that a bargain had been made, and the work duly performed, and
then decide.
Public-domain text, read in full here on John Shaqi.
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