had occasion to appreciate, during his several visits to our continent, how he was worthy in all respects, of the high distinction which had been conferred upon him.
His Excellency, Monsignor Roncetti, in a letter bearing date of February, 1876, wrote as follows to Judge Berthelot:
My Dear and Honoured Commander—With your very kind letter of the 20th of January, for which I am very thankful, I have also received, through the agency of Mr. Harel, your letter for his Eminence Cardinal Antonelli, who entrusted me with his answer, which you will find herewith:—In renewing my sincere congratulations, I beg to present my homage to the most excellent lady, Madame Berthelot, to your dear children, and to accept at the same time the assurance of my most perfect esteem and profound respect. Expecting with the greatest impatience the day when I will see you in Rome, I have the honour to be, my dear and honoured Commander,
Your most humble and devoted servant,
Cesar Roncetti.
In the same month of February, 1876, Judge Berthelot was in receipt of a letter from his Eminence, Cardinal Antonelli, in Italian, which read as follows:
Illustrissime Signor—I have presented, with great pleasure, to the Holy Father the expressions of gratitude which your illustrissime lordship has given me in his letter of the 20th of January last, because our Holy Father had conferred upon you the Commandership of St. Sylvestre, which you acknowledged to be entirely due to the apostolic benevolence. His Holiness was raptured when he saw these expressions of veneration and love for his venerable person, and could not refrain from answering to them by words of gratitude, and by giving you, from the bottom of his heart, his apostolic benediction. Having thus accomplished the wishes which you expressed to me, I have the honour to be, your illustrissime lordship,
Yours,
Sec. Giacomo Antonelli.
The following particulars about the knighthood are found in the supplement of “Bouillet’s Dictionary,” page 42:
ORDER OF THE GOLDEN SPUR.
A Roman order founded by Paul III., in 1554, or by Pius IV. in 1559, has been established, according to some writers, by Constantinus, as far back as 312, to commemorate his victory over Maxencius, and approved since then by the Pope St. Sylvestre. Its object was to reward civil merit, admitting only noblemen; it could also be conferred on foreigners. Some princely families of Rome and a few high dignitaries could confer the order, which soon occasioned serious errors. Gregory XVI. reformed the order in 1841, and gave the name of St. Sylvestre, or the Reformed Golden Spur. The knights wore a golden cross with eight points, and white enamelled, showing the portrait of St. Sylvestre. It is worn with a ribbon striped red and black; between, the branches of the cross hangs a golden spur. Before the Reformation, when England was Catholic, and when the relations of that country with the court of Rome were uninterrupted, as soon as a chief justice of the Court of King’s Bench, was appointed, the writ of commandership of the order of St. Sylvestre was forwarded to him by the Pope, and he wore on his chain of office the letters S. S. Since England has become Protestant, the writ is not sent to that country; nevertheless, when a new chief justice is appointed, and when he orders at the court goldsmith the chain of office which he wears on his neck, he receives it still with the same initials S.S., as in olden times.
This fact is warranted by photographs of Chief Justices Bovill and Campbell, which Judge Berthelot has in his possession, and which were given him by his friend, Judge Mackay. In a legal review, entitled Albany Law Journal for 1874, in the issue of the 8th of August, we find an article headed, “Article on Campbell’s Lives of Chief Justices,” with the following comments:
And while there were among the wearers of the collar of S. S., men whose lives are neither helpful nor inspiring, there were many of whom it is good to read.
In Canada the first person who received a writ of commandership of St. Sylvestre, was the late Sir L. H. Lafontaine, chief justice, in the year 1853. Judge Berthelot was appointed in 1875, as above mentioned. In 1876, after eighteen years of judicial services, he asked and obtained his superannuation, and on this occasion the Montreal Gazette, of the 28th of August, 1876, published the following:
The Ottawa Government has at last come to a determination which enables it to accept the resignation of Mr. Justice Berthelot. Nearly a year has elapsed since it was generally understood that Mr. Justice Berthelot desired to obtain that relaxation from judicial duties to which twenty years service had fairly entitled him, but as our readers are aware, ministers were seriously embarrassed in the disposal of this piece of patronage, and the learned judge was requested to defer his proposed relinquishment of official duties. Before reference is made to his successor, it is but justice to say a word or two respecting Hon. Judge Berthelot. If the hon. judge has not obtained the first rank of judicial fame, no one will venture to deny that he has occupied a most honourable position on the bench of this province, or that his services have been of a highly beneficial character. It were scant justice to say that his character has been constantly honourable, his impartiality unchallenged, and his intelligence of the most vigorous type. Laborious without complaining, diligent without ostentation, Mr. Justice Berthelot has never proved unequal to the arduous demands of his position. His knowledge of real estate and insurance law, extensive and profound, and his decisions upon these, as well as many other branches of the law, were received with the utmost respect and confidence. In determination of cases in which juries are more or less liable to be influenced by sympathy for the sufferers, he did not hesitate to adhere to those leading principles which have been consecrated by time and experience, in preference to yielding to impulses which might create a dangerous precedent. In fine, Mr. Justice Berthelot’s judicial career has been conscientious, able and upright, and entitles him to the gratitude of his countrymen.
Le Nouveau-Monde, on 29th of August, 1876, reprinting the above article from the Gazette, accompanied it with the following remarks:
This testimony is corroborated by all those who had occasion to appreciate personally the talents, the carefulness, the integrity, and the knowledge displayed by this hon. judge in the exercise of his judicial duties. Some of his decisions in cases of the highest importance fully demonstrated the fact, that he was imbued with a sound judgment and a knowledge of jurisprudence and statutory laws sufficient to make his reputation and authority cope with that of the most distinguished judges who have illustrated our Canadian bench. Liberated from the toils and fatigues of the important position which he has just vacated, Judge Berthelot, we hope, will not withdraw entirely from public life, and the population of this province could still benefit by his great experience, his serious studies, and his deep knowledge of men and things, which he has acquired during more than twenty years on the bench.
Judge Berthelot has since remained in private life, without an occasion to make himself useful to his country. Whilst he was practising at the bar, he had been often requested to enter parliament by several counties of the district of Montreal, and in 1858, when the division of Alma was to elect its first representative in the Legislative Council, he had been requested to be a candidate by a great number of the citizens of the division, one of the two candidates at that time being willing to withdraw in his favour if he accepted the candidature. But Mr. Berthelot had always refused, in order that his partners and friends, Sir L. H. Lafontaine and Sir George E. Cartier, be not deprived of the services he was rendering them, while these statesmen were engaged in political life, with so much credit to themselves and satisfaction for the country. Mr. Berthelot since that time has travelled several times in England, France and Italy, where he has made several friends, with whom he still keeps an active correspondence. In conclusion, we may say that during the second rebellion, in November, 1838, Mr. Berthelot was arrested and sent to gaol without cause or warrant, with many of the best citizens of Montreal, viz., Messieurs Lafontaine, the two Messieurs Viger, M. Papineau, a brother of the speaker, Dr. Lusignan, Mr. Fabre, Mr. DeBoucherville, sr., Amable Badeaux, his cousin, and his young friend Dr. Perreault.
