The Canadian Portrait Gallery - Volume 3 (of 4)

THE HON. WILLIAM HUME BLAKE

The late Chancellor Blake, one of the most distinguished jurists that ever sat on the Canadian Bench, was a member of an Irish family, known as the Blakes of Cashelgrove, in the county of Galway. The family was well connected and stood high among the county magnates. Sometime about the middle of the last century, Dominick Edward Blake, its chief representative, married the Hon. Miss Netterville, daughter of Lord Netterville, of Drogheda. After her death, he married a second wife, who was a daughter of Sir Joseph Hoare, Baronet, of Annabella, in the county of Cork. By this lady he had four sons, one of whom, christened Dominick Edward, after his father, took orders as a clergyman of the Church of England, and became Rector and Rural Dean of Kiltegan and Loughbrickland. This gentleman married Miss Anne Margaret Hume, eldest daughter of Mr. William Hume, of Humewood, M.P. for the county of Wicklow. During the progress of the rebellion of 1798, Mr. Hume sent his children to Dublin for safety, and took personal command of a corps of yeomanry raised in his county. He fell a victim to his loyalty, and was shot near his own residence at Humewood by some rebels of whom he was in pursuit. Lord Charlemont, in a published letter, alluded to this deplorable event as "the murder of Hume, the friend and favourite of his country," and characterized it as an "example of atrocity which exceeded all that went before it."

William Hume Blake, the subject of this memoir, was the grandson and namesake of the unfortunate gentleman above referred to, and was one of the fruits of the marriage of his father, the Rev. D. E. Blake, to Miss Hume. He was born at the Rectory, at Kiltegan, County Wicklow, on the 10th of March, 1809. He was the second son of his parents, his elder brother, Dominick Edward, being named in honour of his father and paternal grandfather. The elder brother emulated his father's example, and became a clergyman of the Church of England. The younger, after receiving his education at Trinity College, Dublin, studied surgery under Surgeon-General Sir Philip Crampton. Surgery, however, was not much to his taste. The accompaniments of that profession — notably the coarse jokes and experiments which he was daily called upon to encounter in the dissecting-room — proved at last so repulsive to his nature that he abandoned surgery altogether, and entered upon a course of theological study with a view to entering the Church. His studies had not proceeded far, however, before he and his elder brother determined to emigrate to Canada. This determination was carried out in the summer of 1832. A short time before leaving his native land, the younger brother married his cousin, Miss Catharine Hume, the granddaughter — as he himself was the grandson — of the William Hume whose tragical death has already been recorded. This lady, who shared alike the struggles and triumphs of her distinguished husband till the close of his earthly career, still survives.

The Blake brothers were induced to emigrate to this country, partly because their prospects at home were not particularly bright, partly in consequence of the strong inducements held out by the then Lieutenant-Governor of Upper Canada, Sir John Colborne. The representations of Major Jones, the elder brother's father-in-law, doubtless contributed something to the result. The Major was a retired officer who had served in this country during the war of 1812-'13-'14, and had taken part in the battles of Queenston Heights and Lundy's Lane. He was fond of fighting his battles over again by his own fireside and that of his son-in-law. He was never weary of enlarging on the beauty and primitive wildness of Canadian scenery, the pleasures and freedom from conventionality of a life spent in the backwoods, and the brilliant prospects awaiting young men of courage, energy, endurance, and ability, in the wilds of Upper Canada. The Blake brothers were Irishmen, and were gifted with the national vividness of imagination. They doubtless pictured to themselves the delights of "a lodge in some vast wilderness," where game of all sorts was abundant, and where game laws had no existence. They had of course no adequate conception of the struggles and trials incident to pioneer life. They were not alone in their notions about Canada. Many of their friends and acquaintances about this time became imbued with a desire to emigrate, and upon taking counsel together they found that there were enough of them to form a small colony by themselves. Having made all necessary arrangements they chartered a vessel — the Ann, of Halifax — and sailed for the St. Lawrence in the month of July, 1832. Among the friends and relations of the brothers Blake embarked on board were their mother, who had been left a widow; their sister and her husband, the late Archdeacon Brough; the late Mr. Justice Connor; the Rev. Benjamin Cronyn, late Bishop of Huron; and the Rev. Mr. Palmer, Archdeacon of Huron. After a six weeks' voyage they reached the mouth of the St. Lawrence, whence by slow degrees they made their way to Little York, as the Upper Canadian capital was then called. Here they remained until the following spring, when they divided their forces. Some of them remained in York; others — including Mr. Connor and Mr. Brough — proceeded northward to the township of Oro, on Lake Simcoe; and others settled on the Niagara peninsula. The elder Blake had meanwhile been appointed by the Lieutenant-Governor to a Rectory in the township of Adelaide, and there he accordingly pitched his tent. His brother, the subject of this sketch, purchased a farm in the same part of the country, at a place on Bear Creek — now called Sydenham River — near the present site of the village of Katesville, or Mount Hope, in the county of Middlesex. He then had an opportunity of realizing the full delights of a life in the Canadian backwoods. "With whatever romantic ideas of the delights of such a life Mr. Hume Blake had determined on making Canada his home," says a contemporary Canadian author, "they were soon dispelled by the rough experiences of the reality. The settler in the remotest section of Ontario to-day has no conception of the struggles and hardships that fell to the lot of men who, accustomed to all the refinements of life, found themselves cut off from all traces of civilization in a land, since settled and cultivated, but then so wild that between what are now populous cities there existed only an Indian trail through the forest. Mr. Blake was not a man to be easily discouraged, but soon found that his talents were being wasted in the wilderness. In after years he was fond of telling of the rude experiences of life in the bush, and among other incidents how that he had, on one occasion, walked to the blacksmith's shop before mentioned to obtain a supply of harrow-pins, and, finding them too heavy to carry, had fastened them to a chain, which he put round his neck, and so dragged them home through the woods."

It was during the residence of the family at Bear Creek that the eldest son, Edward, was born,⁵ but he was not destined to receive his educational training amid such surroundings. While he was still an infant the family removed to Toronto. A life in the backwoods had been tried, and was found to be unsuited to the genius and ambition of a man like William Hume Blake. He had tried surgery, divinity, and agriculture, and had not taken kindly to any of those pursuits. He now resolved to attempt the law, and commenced his legal studies in the office of the late Mr. Washburn, a well-known lawyer in those days. During the troubles of 1837 he was, we believe, for a short time paymaster of a battalion, but fortunately there was no occasion for his active services. In 1838 he was called to the Bar of Upper Canada, and was not long in making his way to a foremost position. His rivals at the Bar were among the foremost counsel who have ever practised in this Province, and included Mr. (afterwards Chief Justice) Draper, Mr. (afterwards Judge) Sullivan, Mr. Henry John Boulton, Mr. (now Chief Justice) Hagarty, Robert Baldwin, Henry Eccles, and John Hillyard Cameron. Mr. Blake soon proved his ability to hold his own against all comers. He enjoyed some personal advantages which stood him in good stead, both while he was fighting his way and afterwards. His tall, handsome person, and fine open face, his felicitous language, and bold manly utterance gained him at once the full attention of both Court and Jury; and his vigorous grasp of the whole case under discussion, his acute, logical dissection of the evidence, and the thorough earnestness with which he always threw himself into his client's case, swept everything before them. In the days when such men as Draper, Sullivan, Baldwin and Eccles were at the Bar, it was something to stand among the foremost. Mr. Blake became associated in business with Mr. Joseph C. Morrison — now one of the Judges of the Court of Queen's Bench — and some years later, his relative, the late Dr. Connor, who in 1863 became one of the Judges of the Court of Common Pleas, entered the firm. Business poured in, and the number of Mr. Blake's briefs increased in almost geometrical proportion. His arguments were of due weight with the judges of those times, but with juries his force was irresistible. Many incidents have been related of his forensic triumphs. Among other cases recorded by the writer already quoted from, that of Kerby vs. Lewis occupies a conspicuous place. The question at issue was Mr. Kerby's right to monopolize a ferry communication between Fort Erie and some point on the American shore. This right the defendant contested, and employed Mr. Blake to conduct his case. The judges appear to have leaned strongly to the side of the plaintiff, and granted a succession of new trials, as, on each occasion, Mr. Blake's telling appeals to their sympathy with the defendant, as the champion of free intercourse between the two countries, extorted from the juries a verdict in favour of his client. It is said that the Court finally refused to grant any further new trials in sheer hopelessness of any jury being found to reverse the original finding.

Another proof of his energy and ingenuity was given in the Webb arson case, which made a considerable noise at the time. Webb was the owner of a shoe store in Toronto. Having on more than one occasion obtained compensation from fire insurance companies for losses he had sustained, suspicion was excited against him, and, on another fire occurring, the companies decided on prosecuting. Webb retained Mr. Blake. The theory of the defence was that a stove-pipe from the adjoining store, which connected with Webb's premises, had become heated, and had ignited some "rubbers" hanging in the vicinity. The prosecution denied that "rubbers" were combustible in any such sense as the defence represented. To put his theory beyond a doubt, Mr. Blake, on the evening before the trial, had set his two boys, Edward and Samuel, to look up every piece of information they could obtain from encyclopaedias or other sources as to the properties of rubber. Then an old pair of "rubbers" was procured, experiments were engaged in, and both father and sons were occupied during the greater part of the night in their investigations, to the no small discomfort of the other members of the household. When the trial came on next day, after the case for the prosecution had been presented, Mr. Blake began his defence. He dissected the prosecutor's evidence with an amazing fund of irony and sarcasm, and requested the jury to place as little reliance on the general testimony for the prosecution as they would soon do on the theory of "rubbers" being non-combustible. Then a candle and a pair of old "rubbers" were produced; a few strips cut from the latter were held in the flame, and the interested crowd of spectators saw them burn. The jury accepted this as sufficient, at all events, to cast doubts on the whole case against the prisoner, and Webb was acquitted.

The "Markham gang," as they were called, are still well remembered by the older inhabitants of Toronto and the adjoining country. In several of the prosecutions arising out of the outrages of the gang, Mr. Blake was defending counsel, and invested the defence with additional interest, in the eyes of the legal profession, by raising the question of the admissibility of the evidence of an accomplice. Another case which showed the earnestness and conscientiousness of Mr. Blake, who prosecuted, was the trial of two persons — a man named McDermott and a girl named Grace Marks — charged with the murder of Mr. Kinnear and his housekeeper, near Richmond Hill, in the year 1843.⁶ Not content with secondhand information, the hard-working lawyer devoted the only holiday which intervened between the committal of the prisoners and the trial to a careful and minute examination of the house and premises where the murder had occurred, so that in going into court he had the most perfect familiarity with every detail connected with the crime. The prisoners were convicted; the man suffered the extreme penalty of the law, and the woman, who was reprieved, was only liberated from the Penitentiary after an incarceration of twenty years. No man could more readily seize hold of the salient points of a case presented to him; few could make so much out of a small and apparently insignificant point; but no one ever made the business before him the subject of more patient study or more exhaustive attention. Honourable and high-minded himself, he sought to inspire those about him with the same feelings. He endeavoured at all times to encourage a gentlemanly bearing in the young men who studied under him, and would tolerate nothing inconsistent with perfect fairness and honesty in transacting the business of the office.

Mr. Blake and his partners were all active members of the Liberal Party. In the early contests for Municipal Institutions, National Education, Law Reform and all progressive measures, they took an earnest part — and in the struggle with Lord Metcalfe and his Tory abettors for the establishment of British Parliamentary Government in Canada, they did excellent service to the popular cause. Mr. Blake, at the general election of 1844, was the Reform candidate for the second Riding of York — now the county of Peel — but was defeated by a narrow majority on the second day of polling by his Tory opponent, Mr. George Duggan. A little later, he contested unsuccessfully the county of Simcoe, in opposition to the Hon. W. B. Robinson. At the general election of 1847, while absent in England, he was returned by a large majority for the East Riding of York — now the county of Ontario. The result of that election was the entire overthrow of the Conservative Government, and the accession of the Liberal Party to power, under Messrs. Baldwin and Lafontaine, on the 10th of March, 1848. Mr. Blake became Solicitor-General under the new arrangement, and was duly reëlected for East York. Then followed the struggle over the famous Rebellion Losses Bill. In that contest Mr. Blake took an active part in support of Lord Elgin, who was so outrageously treated by the Opposition leaders in Parliament, and by the mob of Montreal that followed in their wake. For his powerful advocacy of the Governor-General, and his scathing diatribes against the tactics of the Opposition, he was fiercely denounced by the Conservative leaders. So far was this denunciation carried that a hostile meeting between Mr. Blake and Mr. Macdonald — the present Sir John A. Macdonald — was only prevented by the interference of the Speaker of the House. The Opposition press, without the slightest justification, published articles in which the writers professed to believe that Mr. Blake was wanting in courage, and afraid to meet his antagonist in the field. The Globe, which was the organ of the Government in those days, replied in a spirit which did it honour. In an article written by the late Mr. Brown himself, and published in the Globe on the 28th of March, 1849, we find these words: "The repeated insinuations against the courage of Mr. Blake, to use the ordinary phrase, are as untrue as they are base and ungenerous. We are quite aware of all the circumstances of what was so near leading to one of those transactions called affairs of honour. We know, and we state it with regret, that there was, on Mr. Blake's part, no wish to shrink from the consequences of the intended affair, but a great anxiety to meet it. We would have thought it far more creditable to him, and far more becoming the station he holds in the councils of the Province, if he had exhibited that higher courage which would shrink from being concerned in an affair which, however it may be glossed over by the sophistry and the practice of the world, is a crime of the deepest dye against the law of God and the well-being of society."

The Court of Chancery for Upper Canada had been for years a mark for scorn and derision on account of the personal deficiencies of Mr. Vice-Chancellor Jameson, and the lack of organization in the whole Chancery system. The Baldwin-Lafontaine Government undertook the reform of the Court, increased the number of Judges to three, and gave it the improved system of procedure which has earned for the Court its present efficiency and popularity. When the measure became law, the question arose as to who should be appointed to the seats on the Bench that had been created. There was but one answer in the profession. Mr. Blake was universally pointed out as the man best fitted for the post of Chancellor. He accepted the Chancellorship of Upper Canada on the 30th of September, 1849, which he continued to fill until the 18th of March, 1862, when failing health compelled him to retire. There were not wanting political opponents who declared that Mr. Blake had created the office that he might fill it; but all who knew the man and the position in which he stood were aware that it was with extreme reluctance he accepted the place. As his great judicial talents came to be recognized the voice of the slanderer ceased, and the services which he rendered on the Bench will, we doubt not, be now heartily acknowledged by all parties. Mr. Jameson for a short time continued to sit on the Bench as Vice-Chancellor, side by side with Mr. Blake. In the month of December, 1850, he was permitted to retire on a pension of £750 a year.

Mr. Blake, while at the Bar, held for a number of years the position of Professor of Law in the University of Toronto, but resigned it when he became Solicitor-General. He took a deep interest in all the affairs of the University, of which he was for a long time the able and popular Chancellor.

Afflicted with gout in its most distressing form, Mr. Blake, after his retirement from the Bench, sought relief from his sufferings in milder climes. He returned to Canada in 1869, but it was evident that his end was not far distant. He died in Toronto, on the 17th of November, 1870. The late Chancellor Vankoughnet paid an eloquent tribute to his memory. "With an intellect fitting him to grasp more readily than most men the whole of a case," said Mr. Vankoughnet, "he was yet most patient and painstaking in the investigation of every case heard before him. He never spared himself; but was always most careful that no suitor should suffer wrong through any lack of diligence on his part. He had, moreover — what every Equity judge should have — a high appreciation of the duties and functions of the Court — of the mission, if I may so term it, of a Court of Equity in this country: not to adjudicate drily upon the case before the Court, but so to expound the principles of Equity Law as to teach men to deal justly and equitably between themselves. I have reason to believe that such expositions of the principles upon which this Court acts have had a salutary influence upon the country; and Mr. Blake, in the able and lucid judgments delivered by him, contributed largely to this result. He always bore in mind that to which the present Lord Chancellor of England gave expression in one of his judgments — 'The standard by which parties are tried here, either as trustees or corporations, or in various other relations which may be suggested, is a standard, I am thankful to say, higher than the standard of the world.'"