Sir James Stuart, 1st Baronet
Encyclopedia
Sir James Stuart, 1st Baronet of Oxford (March 2, 1780 – July 14, 1853) was a lawyer, judge and political figure in Lower Canada
.
He was born in Fort Hunter, New York
in 1780, the son of Anglican
priest John Stuart, a United Empire Loyalist. He studied at King's College
in Windsor, Nova Scotia
and then apprenticed in law in Lower Canada with John Reid and then Jonathan Sewell
; he was called to the bar in 1801. Stuart served as personal secretary for Lieutenant Governor Sir Robert Shore Milnes. In 1805, he was named solicitor general for the province. Stuart was elected to the Legislative Assembly of Lower Canada
for Montreal East in 1808 and was reelected in 1809. He supported the parti canadien
in the assembly. He was defeated in 1810, but elected for Montreal County in an 1811 by-election and served as leader of the parti Canadien, replacing Pierre-Stanislas Bédard
. In 1814, he was elected for both Montreal and Buckingham counties and chose to represent Montreal; he was reelected in 1816. In the assembly, Stuart led the attack against the judges Jonathan Sewell and James Monk
; it was felt that by revising the rules of practice for the courts, these judges had stepped outside of their jurisdiction and taken on authority that should have been under the control of the legislature. After his party lost interest in pursuing this issue after 1817, Stuart lost interest in the affairs of the assembly. He was not reelected in 1820.
Unlike his former party, Stuart supported the union of Upper
and Lower Canada proposed in 1822. In 1825, he was named attorney general for Lower Canada. He was elected to the assembly for the riding of William Henry in an 1825 by-election, now a supporter of the British party; he was defeated by Wolfred Nelson
in the general election held in 1827. Stuart was named to the Executive Council in 1827 and served until the union of Upper and Lower Canada in 1841. He was dismissed as attorney general in 1832, after having been accused by the assembly of conflict of interest in a case involving the Hudson's Bay Company
, which had retained Stuart as its attorney, and other abuses of his position. He was offered the position of chief justice for Newfoundland as a form of compensation, but refused this offer and returned to private practice. He served as a member of the Special Council
that governed the province after the Lower Canada Rebellion
and was president of this council from 1839 to 1841. Stuart was also named chief justice for Lower Canada in 1838. In 1841, he was created a baronet
, of Oxford in the County of Oxford.
He died at Quebec City in 1853.
His brother Andrew
was also a lawyer and a long-time member of the legislative assembly. His nephew George Okill Stuart
later served in the legislative assembly for the Province of Canada and also as a mayor of Quebec City.
Lower Canada
The Province of Lower Canada was a British colony on the lower Saint Lawrence River and the shores of the Gulf of Saint Lawrence...
.
He was born in Fort Hunter, New York
Fort Hunter, New York
Fort Hunter is a hamlet in the town of Florida in Montgomery County, New York, on the Mohawk River at Schoharie Creek.In the 18th century, Fort Hunter was built as a fort near the location of one of the two primary Mohawk settlements. The Mohawk name for the village was rendered variously in...
in 1780, the son of Anglican
Church of England
The Church of England is the officially established Christian church in England and the Mother Church of the worldwide Anglican Communion. The church considers itself within the tradition of Western Christianity and dates its formal establishment principally to the mission to England by St...
priest John Stuart, a United Empire Loyalist. He studied at King's College
University of King's College
The University of King's College is a post-secondary institution in Halifax, Nova Scotia, Canada. King's is a small liberal arts university offering mainly undergraduate programs....
in Windsor, Nova Scotia
Windsor, Nova Scotia
Windsor is a town located in Hants County, Mainland Nova Scotia at the junction of the Avon and St. Croix Rivers. It is the largest community in western Hants County with a 2001 population of 3,779 and was at one time the shire town of the county. The region encompassing present day Windsor was...
and then apprenticed in law in Lower Canada with John Reid and then Jonathan Sewell
Jonathan Sewell
Jonathan Sewell was a lawyer, judge and political figure in Lower Canada.-Early life:He was born in Cambridge, Massachusetts, the son of the last British attorney general of Massachusetts...
; he was called to the bar in 1801. Stuart served as personal secretary for Lieutenant Governor Sir Robert Shore Milnes. In 1805, he was named solicitor general for the province. Stuart was elected to the Legislative Assembly of Lower Canada
Legislative Assembly of Lower Canada
The Legislative Assembly of Lower Canada was the lower house of the bicameral structure of provincial government in Lower Canada until 1838. The legislative assembly was created by the Constitutional Act of 1791...
for Montreal East in 1808 and was reelected in 1809. He supported the parti canadien
Parti canadien
The Parti canadien or Parti patriote was a political party in what is now Quebec founded by members of the liberal elite of Lower Canada at the beginning of the 19th century...
in the assembly. He was defeated in 1810, but elected for Montreal County in an 1811 by-election and served as leader of the parti Canadien, replacing Pierre-Stanislas Bédard
Pierre-Stanislas Bédard
Pierre-Stanislas Bédard was a lawyer, judge, journalist and political figure in Lower Canada.He was born in Charlesbourg in 1762, descended from French ancestors who had first arrived in New France before 1660. He studied at the Petit Séminaire de Québec, articled in law and was called to the bar...
. In 1814, he was elected for both Montreal and Buckingham counties and chose to represent Montreal; he was reelected in 1816. In the assembly, Stuart led the attack against the judges Jonathan Sewell and James Monk
James Monk
Sir James Monk was Chief Justice of Lower Canada. He was born in Boston, Massachusetts and educated in Halifax, Nova Scotia where his father had settled in 1749....
; it was felt that by revising the rules of practice for the courts, these judges had stepped outside of their jurisdiction and taken on authority that should have been under the control of the legislature. After his party lost interest in pursuing this issue after 1817, Stuart lost interest in the affairs of the assembly. He was not reelected in 1820.
Unlike his former party, Stuart supported the union of Upper
Upper Canada
The Province of Upper Canada was a political division in British Canada established in 1791 by the British Empire to govern the central third of the lands in British North America and to accommodate Loyalist refugees from the United States of America after the American Revolution...
and Lower Canada proposed in 1822. In 1825, he was named attorney general for Lower Canada. He was elected to the assembly for the riding of William Henry in an 1825 by-election, now a supporter of the British party; he was defeated by Wolfred Nelson
Wolfred Nelson
Wolfred Nelson, was from 1854 to 1856 the mayor of Montreal, Quebec.- Biography :Nelson was born in Montreal the son of William Nelson, an immigrant to Colonial America from Newsham, North Yorkshire, England...
in the general election held in 1827. Stuart was named to the Executive Council in 1827 and served until the union of Upper and Lower Canada in 1841. He was dismissed as attorney general in 1832, after having been accused by the assembly of conflict of interest in a case involving the Hudson's Bay Company
Hudson's Bay Company
The Hudson's Bay Company , abbreviated HBC, or "The Bay" is the oldest commercial corporation in North America and one of the oldest in the world. A fur trading business for much of its existence, today Hudson's Bay Company owns and operates retail stores throughout Canada...
, which had retained Stuart as its attorney, and other abuses of his position. He was offered the position of chief justice for Newfoundland as a form of compensation, but refused this offer and returned to private practice. He served as a member of the Special Council
Special Council of Lower Canada
The Special Council of Lower Canada was an appointed body which administered Lower Canada until the Union Act of 1840 created the Province of Canada. Following the Lower Canada Rebellion, on March 27, 1838, the Constitutional Act of 1791 was suspended and both the Legislative Assembly and...
that governed the province after the Lower Canada Rebellion
Lower Canada Rebellion
The Lower Canada Rebellion , commonly referred to as the Patriots' War by Quebeckers, is the name given to the armed conflict between the rebels of Lower Canada and the British colonial power of that province...
and was president of this council from 1839 to 1841. Stuart was also named chief justice for Lower Canada in 1838. In 1841, he was created a baronet
Baronet
A baronet or the rare female equivalent, a baronetess , is the holder of a hereditary baronetcy awarded by the British Crown...
, of Oxford in the County of Oxford.
He died at Quebec City in 1853.
His brother Andrew
Andrew Stuart (Canadian politician)
Andrew Stuart was a lawyer and political figure in Lower Canada.He was born at Cataraqui in 1785, the son of Anglican priest John Stuart, a United Empire Loyalist, and studied with the Reverend John Strachan and then at Union College in New York...
was also a lawyer and a long-time member of the legislative assembly. His nephew George Okill Stuart
George Okill Stuart, Jr.
George Okill Stuart was a Quebec lawyer, judge and political figure.He was born in , Upper Canada in 1807, the son of George Okill Stuart and was educated at Kingston and Quebec City. He articled in law with his uncle, James Stuart, and was admitted to the bar in 1830...
later served in the legislative assembly for the Province of Canada and also as a mayor of Quebec City.