and in my best manner, persuaded that it will be shown and do your Affair no harm.' The next day I had an audience of the Count de Compo Alange in which I readily perceived the Effect of the Nuncio's friendship and of the Secretary's Influence. His Ldp. was gracious and almost affectionate, assuring me that he had communicated my Story to the Minister & his particular friends, with the hope of serving me & wished me the most ample Success. Don Pedro Evarista de Castro led us from this Audience to his Apartments where a note was taken to fill up our Passports & tho in French interest Don Pedro politely said in honoring my frankness and Courage in the explicit Account of myself I had given to the Ambassador, that the English were all Candour, but as that Virtue was not so general in the Peninsula, he should forbear to excite Curiosity by giving any Addition to my name in the Passport, in which I should be considered as sharing a joint Trust with Landecherry as Bearer of the royal Dispatches which would entitle to all sort of Protection on the Route. From him we proceeded to the Police Office to visé our Passport, and I accompanied Mr. Buller by Invitation to St. Martha, the English Hotel. There was a Select Party of Eight at Lord Strangford's Table, where the Conversation was gay and cheerful. His Lordship took occasion before we parted to pass a Bumper of Burgundy to the Success of my Journey to Madrid, by which I found the Guests were acquainted with my Errand as they all cordially joined in the wish with Expressions of a lively interest. We adjourned to the Opera. The next day was spent in preparations for our Journey, a Coche de Cordillerass was engaged to put us down in seven days & a half for 300 Dollars. Mr. Buller dined with Landecherry, at 6 o'clock an Estafette from the Nuncio delivered his pacquet with a polite and most friendly note. At Eleven we embarked below the Exchange for Aldeia Gallaga.

"At the appointed hour we reached Madrid the seventh day and finding the Court to be at Aranjuez I repaired thither the next morning having first delivered my letters to Mr. Murphy, to Mr. Hunter, to Count Da Ega and to the Nuncio, Gravina, I prepared a Petition to the King of Spain, which the Count Da Ega presented to Cevallos the nominal Prime Minister. This was dated the 6 June and on the 9th Mr. Murphy accompanied me to the Levee of the Prince of the Peace, to whom I presented Letters from Lord Holland and Dr. Jenner together with a Copy of my petition to the King. It was graci ously received, and in the Evening I received a Card from the

Countess da Ega to say that the Prince of the Peace had just given orders for the Release of my Son.

On the 10th an Under Secretary Don Go. de Courtois waited upon me at my Hotel to present the Royal Decree for the unconditional release of my Son, and at the same time a particular Command to the Governor General of Venezuela, to receive me with Hospitality should I wish his Government in person to receive him.

"The Nuncio (Gravina) had come to Court from Toledo expressly to urge my affair and now called to congratulate me on a Success which he had not contributed to but found settled on his Arrival at the Situs from a visit to the Cardinal Archbishop of Toledo. I received the same day Congratulations from the Countess of Ega, and her sister the Countess Federica Doyenhaussen, from Mrs. Hunter, the resident's Lady, from the Count Colona, Commandant of the Spanish Guards influenced by the orders of the Duke of Orleans, and in the Evening at the Theatre, from the ladies of all the several Secretaries, who had learned the rapid Success of my application to the King. The kind attentions of Mr. Hunter and Mr. Gordon followed me to Madrid, with Letters of Introduction to Lisbon and on the Route. I arrived at this port the ninth day from Madrid, and found a Packet had dropped down the River that day. I engaged a Boat to follow her and got on board the Walsingham that night, and arrived in England, and Communicating to the Lords of the Admiralty the Event Admiral at Jamaica to send down a Vessel of War with the of my Journey, they were pleased to expedite an order to the dispatches & to receive my Son & give him a passage to England if desired.

"My object in Europe thus obtained I embarked for N. York and visiting the Marquis de Irujo at Philadelphia a License for a fast sailing sloop to proceed to Carthagena with the quadruplicate dispatch, in which my Son embarked and returned in health to the bosom of his family.

"This note is to elucidate the Correspondence covering the progress of this business which was permitted to be copied by Mrs. Mary Browne of Norwich, aunt to the young man & my wife's sister."39

W

CHAPTER XIV

GORE'S ADMINISTRATION

HEN Powell came back to York from Albany whence he had gone to bring home his wife, he found that the new Lieutenant-Governor had arrived, Francis Gore, who had been promoted from the Government of the Bermudas. He and Powell at once formed an attachment for each other which with occasional interruptions continued even after Gore's removal to England.1

When Powell was in Spain, he received information that the Governor requested his services in the Executive Council, induced to do so by his high estimate of Powell's character and ability and by the representations of several persons of consideration in the Province who had been dismayed by the inefficiency of the Council.2

Powell on his return from Spain to England was informed that a mandamus was ready for him as an Executive Councillor, but was told at the same time that there could be no salary attached to his seat as there were already five Executive Councillors and the Home Government would not pay any more salaries. He was advised not to take out his Mandamus until a salaried vacancy should take place, and he acted on the advice.

At the same time he explained the proceedings with which his brother Judge, Thorpe, was mixed up and received assurances of future consideration for himself at Downing Street, including a seat in both the Councils.

He came home from England by way of New York and arrived at York in October, 1807: the Governor was hurt at his omission to take advantage of his appointment to the Executive Council. Some "candid friends" revived the old story of Powell's treason, and on a vacancy Gore was inclined to appoint Prideaux Selby: but Powell, hearing of the Governor's change of mind, wrote him and this led to an explanation-this resulted in the transmission of Powell's Mandamus as an Ordinary (and salaried) Member of the Executive Council.

From this time he was much in Gore's confidence: he was able to remedy very grievous abuses in the issue of land Pat

ents, and, generally, showed himself a useful and diligent Councillor. He lost the confidence of the Governor by his judgment against the Crown in a proceeding brought on Gore's orders against a recalcitrant "Register" i. e. Registrar of Deeds.1

The Attorney General, William Firth, caused much trouble almost from his first arrival in Upper Canada in 1807: when he went to England he lodged a complaint against Gore: Firth also charged that the decision of the King's Bench in the Registrar's case was a blow at the Royal Prerogative. Powell was called upon to answer the complaint which he did to the complete satisfaction of the Home Authorities.5

6

During Gore's first Administration, it may fairly be said that Powell was the leading character in the Council, and that the Lieutenant-Governor was more influenced by his advice than by that of any other. But Gore was no mere roi fainéant: both before he went to England in 1811 and after his return in 1815, he sometimes acted in direct opposition to advice.

Gore obtained leave of absence and went to Englandbeing succeeded by General Isaac Brock-the United States was threatening war and it was thought advisable to vest the Government in the Commander of the Forces in the Province.'

During the troublous times of the War of 1812, Powell rendered valuable assistance to the Administrators: amongst other services, he drew up the noble Proclamation of General Brock in answer to the extraordinary effusion of the American General Hull.8

General Roger Sheaffe the successor to Brock on the latter's heroic death at Queenston Heights, was from childhood the most intimate of Powell's acquaintances (he was born in Boston in 1763), and in everything relating to the civil administration relied entirely on his advice. In one instance, the advice following previous similar advice to Gore had far reaching effects on the standing of the legal profession in the Province. The Attorney General was appointed by the Home Administration: and at first he was always an English Barrister. White and Scott had been inferior lawyers and Firth had been insolent and turbulent. Powell persuaded Gore on Firth's hasty and undignified departure from the Province to appoint to the office a Canadian born and bred, the young John Macdonell." Macdonell received fatal wounds at the Battle of Queenston Heights, acting as Aid-de-Camp to Brock: Powell urged Sheaffe to appoint as his successor pro tempore

another young Canadian, John Beverly Robinson, though not yet of age and not yet called to the Bar.10 Since that time there have been but two not Canadian born, appointed Attorney-General or Solicitor General of the Province of Upper Canada.11

Powell and the other Judges performed their judicial duties during the war regularly, including the trial at Ancaster in June, 1814, of those charged with High Treason.12

It was

After the war, Gore returned to the Province.13 not long before Gore was able to help Powell: Powell had not received any remuneration for his long and arduous work as Commissioner concerning Heirs and Devisees of unpatented lands. At the instance of the Lieutenant-Governor, the Legislature granted £1000 to Powell for these services.14

He was also called to the Legislative Council, the advanced years and the infirmities of Chief Justice Scott rendering his attendance as Speaker of the Legislative Council unpleasant to himself and the members, the Lieutenant Governor proposed to Powell to accept that situation; it was known that he had held for some years the King's Mandamus for a seat, which he had declined to present.

He accepted the offer only on the condition of the voluntary resignation of the Chief Justice and a compensation to himself of £400 per annum for the additional labour and expense to which he would be exposed. On these terms being agreed upon, Powell made a communication to the Chief Justice who instantly, resigned; and Powell took his seat and the Speaker's Chair. 15

The Lieutenant Governor without his consent applied to the House of Assembly for a salary to the Speaker of the Legislative Council which the House without hesitation voted at £500 per annum; and a Bill to that effect passed the Committee to a third Reading: its final passage was withheld to await Powell's conduct in the Upper House on a popular question as to the exclusive appropriation of moneys.16

This circumstance being told to Powell by Gore on the authority of the Speaker's communication to him as an inducement to him to give way, he decided to resist such advice and rejected the salary offered on such terms by the Assembly; he continued to insist upon the claim of the Upper House to a share in appropriating all public moneys.

The loss of £100 by this conduct did him little injury; for his contract for the £400 was fulfilled out of a fund provided for similar purposes which was at the exclusive disposition of the Crown.17