HON. SAMUEL GALE
He had married in 1839 a Miss Hawley, of St. Armand West, by whom he had three daughters. Mrs. Gale died in September, 1849. Of the daughters the only one now living is Anna R., widow of T. Sterry Hunt, of Montreal, who is mentioned elsewhere in this work; while of the other two, Agnes Logan married Andrew Stuart of Quebec, a son of Chief Justice Stuart and of a very prominent family in that city, and the third became the Baroness von Friesen, who died December 10, 1875, in Berlin, Germany.
Born of parents who had both suffered for their loyal adherence to the British Crown during the American Revolution, and educated in their views Mr. Gale was, as long as he busied himself in politics, a stanch conservative and defender of British unity and British supremacy. He wrote a series of letters to the Montreal Herald (in those days the organ of the stoutest conservatism) over the signature of “Nerva” which produced a strong impression on the public mind at that time; and in espousing the cause of Lord Dalhousie and upholding the old constitution (under the title constitutionalists taken by the conservatives of that day) against the advocates of democracy or responsible government, he was but consistently pursuing the course on which he first set out. While upon the bench he maintained in an elaborate and very able judgment the right of the Crown to establish martial law here in 1837, refusing to theorize about what abstract rights man had or ought to have, declaring simply and firmly what the law, as he read it, established the prerogative of the sovereign to be in a colony. Both as a lawyer and judge he won the respect of his confreres alike by his ability and learning.
For many years previous to his death he was deeply interested in the freedom of the slave. He could not speak with patience of any compromise with slavery and waxed indignant in denunciation of all who in any way aided, abetted, or even countenanced it. When the Anderson case was before the Upper Canada courts he was one of the most active among those who aroused agitation here. When the Prince of Wales visited this country he got up a congratulatory address from the colored people of Canada which, however, was not received, as the prince was desired by the Duke of Newcastle, not to recognize differences of race and creed wherever it could be helped.
Judge Gale was a man of high principle and ever bore an unblemished moral character. Once in his early career at the bar he was forced by the then prevailing customs of society to fight a duel. His antagonist was Sir James Stuart, who had quarreled with him in court and Mr. Gale was severely wounded. It was an event which, we believe, he profoundly regretted, and gladly saw the better day dawn when men ran no risk of forfeiting their position as gentlemen by refusing to shoot, or be shot at, in order to redress real or fancied insults. He was a scrupulously just man, most methodical and punctual in business matters. There were in his writings great care, and precision and clearness of language. In his letters, too, and even in signing his name, the same trait was observable. He often used to condemn the stupid custom of men who signed their names with a flourish, yet so illegibly that no one could read, but only guess at, the word intended. He was not ostentatious of his charities, yet they were not lacking. Some years before his demise he made a gift of land to Bishop’s College, Lennoxville, and during the last months of his life, when age and illness were day by day wearing him out, he found relief for his own distress in aiding to relieve that of the needy and afflicted.
With him passed away one more of those men, who link the creative past, in which were laid the foundations of our civilization, with the bustling present and of whom the generation of today knows naught; of men more proud and precise in their manners than we are; and of such rectitude and sense of honor, that we feel deeply the loss of the influence of their example. A loyal subject, a learned and upright judge, a kind, true, steadfast friend, was lost to the community in Judge Gale.