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The Canadian Portrait Gallery - Volume 3 (of 4)

Volume 3 — THE HON. JOHN JOSEPH CALDWELL ABBOTT,

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B.C.L., D.C.L., Q.C.

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Though Mr. Abbott's parliamentary career embraces a period of more than twenty years, it is not as a legislator that the Canadian of the future will be likely to remember him. The legislation of 1864 may be said to have decided his future course, for from that year his rapid rise in his profession may be dated, and his extraordinary success in the special branch he had chosen, that of commercial law, first began to develop itself prominently. Before that year he had won distinction at the Bar as an able lawyer and a wise counsellor, but he was still undecided with regard to his future, when a circumstance occurred which promptly determined him. The Insolvent Act of 1864, which he prepared and carried through the House with great ability, proved to be the turning point in his fortunes, and though we have had other legislation on this subject since then, the principles laid down by Mr. Abbott, when introducing his measure, have been steadily retained in all later enactments. Before his bill became law, the only system which existed was the Act under the civil code, which had been found to be both cumbrous and costly in its operation. The country had suffered for several years for the want of something better, and accordingly when Mr. Abbott's Act came into force, it was regarded by the mercantile community as a sterling piece of legislation, and one which was well calculated to add materially to the originator's legal reputation and standing. Mr. Abbott published about the same time a manual which described fully his Act, with notes and the tariff of fees for Lower Canada. This book and the measure itself gave his name wide publicity throughout the Province, and for many years he was the recognized exponent of the principles of the Act which governed the law relating to bankruptcy. Merchants flocked to his office to consult him on a measure which many believed could be explained by no one else, and this formed the nucleus of a practice which has increased from that day to this, to enormous proportions. He is still regarded as the ablest commercial lawyer in the Province of Quebec.

He was born at St. Andrews, in the county of Argenteuil, Lower Canada, on the 12th of March, 1821. His father was the Reverend Joseph Abbott, M.A., first Anglican Incumbent of St. Andrews, who emigrated to this country from England in 1818 as a missionary, and who during his long residence in Canada added considerably to the literary activity of the country. He had not been long in Canada before he married Miss Harriet Bradford, a daughter of the Rev. Richard Bradford, first Rector of Chatham, Argenteuil County. The first fruit of this union was the subject of this sketch. The latter was carefully educated at St. Andrews with a view to a university career, and in due time he was sent to Montreal, where he entered the University of McGill College. He distinguished himself highly at this seat of learning, and graduated as a B.C.L. Shortly after he began the study of law, and in October, 1847, was called to the Bar of Lower Canada. His professional success has already been referred to.

His political life began in 1857, when he contested the county of Argenteuil at the general elections of that year. He was elected a member of the Canadian Assembly, but was not returned until 1859. He continued to represent the constituency in that House until the Union of 1867, when he was returned for the Commons. He was reëlected at the general elections of 1872 and 1874. In October of the last-named year he was unseated, when Dr. Christie was chosen by acclamation. At the general election of September, 1878, he was again a candidate, but again sustained defeat at the hands of his old antagonist Dr. Christie. The latter, however, was unseated, and in February, 1880, Mr. Abbott was again elected for the county.

For a short time in 1862 he held the post of Solicitor-General in the Sandfield Macdonald-Sicotte Administration, and prior to his acceptance of office he was created a Q.C. In 1864, while in Opposition, he was instrumental in introducing two bills which have added to his fame as a lawyer. The first of these was the Jury Law Consolidation Act for Lower Canada. Its principal provisions were to simplify the system of summoning jurors, and the preparation of jury lists. The other law which he added to the statute book was the Bill for collecting judicial and registration fees by stamps. This was the first complete legislation that had taken place on the subject, and as in the case of his other measures, the main principles have been retained in the subsequent legislation which has followed. Besides these, and many less important but useful measures, Mr. Abbott's political work consists of amendments to Bills, suggestions and advice as regards measures affecting law and commerce. His advice at such times has always proved of the greatest value, and it is in this department of legislation that he has achieved the most success. He is a good speaker, but of late years has made no special figure in the House, either as an orator or a debater.

Mr. Abbott is Dean of the Faculty of Law in the University of McGill College, a D.C.L. of that University, and Lieutenant-Colonel of the "Argenteuil Rangers," known in the Department of Militia as the 11th Battalion—a corps raised by him during the patriotic time of the "Trent" excitement. He is also President of the Fraser Institute of Montreal, and Director or law adviser to various companies and corporations.

Twice Mr. Abbott's name came before the public in a manner which gave him great notoriety. He was the prominent figure, after Sir Hugh Allan, in the famous Pacific Scandal episode. Being the legal adviser of the Knight of Ravenscraig, all transactions were carried on through him, and it was a confidential clerk of his who revealed details of the scheme which culminated in the downfall of the Macdonald Cabinet. His second conspicuous appearance on the public stage was in connection with the Letellier case, when he went to England in April, 1879, as the associate of the Hon. H. L. Langevin on the mission which resulted in the dismissal of the Lieutenant-Governor of Quebec.

In 1849 he married Miss Mary Bethune, daughter of the Very Reverend J. Bethune, D.D., late Dean of Montreal.

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