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Updated: July 22, 2025
By the Act of February 18, 1801, the number of associate justiceships was reduced to four, in the hope that the new Administration might in this way be excluded from the opportunity of making any appointments to the Supreme Bench, the number of district judgeships was enlarged by five, and six Circuit Courts were created which furnished places for sixteen more new judges.
New offices were established, including a whole system of circuit judgeships; and Adams spent his time up to the last hour of his term in signing commissions, stealing away in the early morning in order not to see the inauguration of his rival. So fell the Federalist party from power.
I think of attorneys who were penniless strugglers in the Liberal ranks of my childhood days in Winnipeg who are to-day dignified judges; and I think of other attorneys, who were penniless strugglers in Conservative ranks who have been advanced under the Borden regime to judgeships; but the point is, having been so advanced, they pass a chasm which they can never retrace without impeachment the chasm is party politics.
A few of the more important Federal offices were taken from embittered Federalists and given to Republicans, but there was no general proscription of office-holders. The only action at all radical in character was the repeal of the law establishing new circuit judgeships, a step which legislated a number of Federalists out of office.
King, Constitution, and Church, forever! which, being interpreted, means, first, King or Crown influence, judgeships, and garters; secondly, Constitution, or fees to the lawyer, places to the statesman, laws for the rich, and Game Laws for the poor; thirdly, Church, or livings for our younger sons, and starvings for their curates!"
Caron and Mr. Morin, both strong men, could not be induced to become ministers. The government continued to show signs of disintegration. Several members resigned and took judgeships in Lower Canada. Even Mr. Draper retired with the understanding that he should also go on the bench at the earliest opportunity in Upper Canada. Another effort was made to keep the ministry together, and Mr.
Such a project hardly seems a masterpiece of ethics or political economy, but it was hailed with rapture by the needy monarch. At once there was a wild excitement amongst the jobbers and speculators in places. The creation of an indefinite number of new judgeships and magistracies, to be disposed of at auction, was a tempting opportunity even in that age of corruption.
Judges of superior courts must be barristers of ten years' good standing at the bar of their provinces. All judges and justices of the peace must have some property qualification. Rascals with criminal records are not railroaded into judgeships in Canada.
Such a project hardly seems a masterpiece of ethics or political economy, but it was hailed with rapture by the needy monarch. At once there was a wild excitement amongst the jobbers and speculators in places. The creation of an indefinite number of new judgeships and magistracies, to be disposed of at auction, was a tempting opportunity even in that age of corruption.
Justices of the Supreme Court may now retire at the age of seventy after ten years of service; a substantial number of additional judgeships have been created in order to expedite the trial of cases; and finally greater flexibility has been added to the federal judicial system by allowing judges to be assigned to congested districts.
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