tioned in our paper of Tuesday, was one of the finest class of ships between Liverpool and New York, and was 500 tons burden. We have since learned some further particulars, by which it appears that her loss was attended with circumstances of a peculiarly affecting nature. She had lived out the tremendous gale of the entire day on Sunday, and Captain Williams consoled the passengers at eight o'clock in the evening, with the hope of being able to reach Liverpool on the day but one after, which cheering expectation induced almost all of the passengers, particularly the females, to retire to rest. In some short time, however, a violent squall came on, which in a moment carried away the masts, and, there being no possibility of disengaging them from the rigging, encumbered the hull so that she became unmanageable, and drifted at the mercy of the waves, till the light house of the Old Head was discovered, the wreck still nearing in; when the Captain told the sad news to the passengers, that there was no longer any hope; and, soon after she struck. From thenceforward all was distress and confusion. The vessel soon after went to pieces, and, of the crew and passengers, only six of the former and nine of the latter were saved." This tragedy took place at the Head of Kinsale on the south coast of Ireland. Anne was one of those drowned; her body was cast on shore on the estate of Thomas Rochfort, and received Christian burial in consecrated ground at the Church of Garrettstown nearby. A brooch found on her dead bosom was sent to her relatives in Canada, and it is still preserved, a melancholy memorial of her terrible fate. The Chief Justice had been getting ready to return, but he learned from his wife's letter that his daughter intended to come to England (although the whole circumstances were not written, the wife feeling herself as she says "justified in concealing what would inflict on him unavailing distress"). He at first determined not to see her; outraged by her conduct, he instructed those at his lodgings not to allow her to enter: "No consideration will permit me to come in contact with her, she is of age and I am bound to provide for her no longer than she continued under my roof." 9910 But "dour" man as he was and sorely tried, the call of blood was strong, he relented, he made arrangements that she should be properly housed and kept in England (not in her relations' houses, for they would not receive her) and provided out of his all too slender resources a sufficient sum for that purpose. He took comfortable lodgings for her in London and meant to do all in his power to make her happy and respectable. He was on his way to Liverpool to meet her and had got as far as Bath when the news came. The father, stunned with the tidings, went back to London. Before returning to Canada, he made full enquiry of the owners of the Packet and of the survivors of the crew; he commissioned the erection of a tombstone over his unhappy daughter's grave, and a marble tablet to her memory within the church; he was somewhat consoled by learning that his daughter was fully aware of her coming doom and was prepared for it. The tombstone and marble are still to be seen at Templetrine Church. The tablet is of white marble with a shelf on which is an urn of the same material, the whole bordered by or resting on black marble. It bears the inscription: Anna Powell, Spinster, was a passenger in the ship Albion (wrecked but her body being recovered from the sea, received W. D. P. The tombstone is a flat limestone slab, resting on supports of limestone about 8 inches high. The supporting stone at one side has sunk so that the slab rests at an angle instead of being horizontal, and it lies only upon the edge of the opposite support. Upon the tombstone appears the following inscription: Anna Powell, Spinster, William Dummer and Anne Powell of York in Upper Canada Born 1787, Deceased 1822." P CHAPTER XIX THE LAST STAGE OWELL did not take any active part in the scheme favoured by the Home Administration in 1822 of uniting the two Provinces of Upper and Lower Canada;1 he came to York in the Fall of 1822, and took up his judicial work. When Parliament sat in January, 1823, he presided during the Session in the Legislative Council (except when disabled by sickness); during this Session there was no open outbreak, but it is impossible not to see that there was constant friction between him and Maitland, and that Strachan had superseded him in the confidence of the Governor. In the following Session, the Governor complains of want of candour in Powell's explanation of his conduct, and does not stop at charging him with aiding the Opposition by suggestions and insinuations. There were serious and just complaints at the Chief Justice's conduct especially at his avoidance of open discussion with the Members of the Executive Council of the merits of the measure to which he objected.2 The time was now approaching at which Powell had long before determined to retire from the Bench. He thought that he should not act as a Judge after the age of threescore and ten; the Governor was not unwilling, but there occurred a circumstance which angered the Governor and the Executive Council and which we find some difficulty in explaining. While the Speaker had been acting in a capricious and irritating way with the remainder of the Executive Council and the Governor, he had also made enemies amongst the non-official community. In fact he was still regarded as the power behind the throne and was attacked by those dissatisfied with the Administration. A particularly scandalous article was published after the style of Junius in the "Colonial Advocate" on October 24, 1824, under the signature "Spanish Freeholder" attacking Powell under the name of Cardinal Alberoni "Lord Chief Justice of His Imperial Majesty of Spain" as "A traitor and a Judge who has immolated human victims to the Moloch of his own emolument." His conduct in the treason trials of 1814 was assailed and he was held up to public hatred and obloquy. It was not the Chief Justice as such but the Government which was aimed at. To the amazement of everyone, the Chief Justice printed an answer, repeating the libel and justifying his conduct-still masquerading as the conduct of Cardinal Alberoni, be it said. This however was mild compared with what followed-a communication to the press (anonymous) attacked the Government; Powell published an alleged reply which but repeated the libel. Maitland asked the advice of the Executive Council, told them that the conduct of Powell since the appointment of the Attorney General had been extremely disingenuous, embarrassing and unbecoming and asked for the advice of the Council concerning the Chief Justice in printing such a statement in answer to an anonymous libel (which he himself republished) and which he was informed soon after its appearance it was the intention of the Government to make the subject of a prosecution. He added that he would have "no more intercourse with the Chief Justice except in writing or in the presence of a third person." At the next meeting of the Council, only Powell, Strachan and Baby appeared, the letter of the Governor was read and Powell, leaving the chair, made a new statement. The following day, Smith joined Strachan and Baby; Powell being sent for, had nothing more to say. The next day, Powell did not attend or the next, whereupon the three, January 28, 1825, reported that the printed pamphlet had been written by Powell with the avowed object of creating complication, that it "reveals alleged passages of certain confidential and private conversations with His Excellency" "something like a breach of faith" exposing "measures of the Government to public contempt and reprehension" containing "various inaccuracies", that the Council had "much personal experience and observation of this conduct of the Chief Justice since the appointment of the Attorney-General extremely disingenuous and embarrassing . unbecoming his high station" and they advise that there should be no further intercourse with him.* Maitland sent all the papers to Bathurst, the Secretary of State, with complaint against Powell's conduct; and in a few months received a dispatch announcing His Majesty's permission for him to resign, on a pension of £1000 Sterling per annum "on account of his long and faithful service."5 It should be said that the members of the Executive Council, on Powell applying to Maitland to be allowed to resign on a pension, had reported that he was unworthy of such a favour; but the Home Authorities were more generous. He sat for the last time in the Court of King's Bench, Saturday, July 2, 1825, the last day of Trinity Term, 6 Geo. IV; in Michaelmas Term, William Campbell appears as Chief Justice; Powell also retired from the Legislative Council and Campbell presented his Patent as Speaker, November 7, 1825.8 He thus escaped the storm which broke out in January, 1826, against Judges being allowed to have a seat in either Legislative or Executive Council." The remaining nine years of his life were passed in retirement. 10 He took no part in public affairs; he went to England in 1826, chiefly he says to induce the Secretary of State to cause the Lieutenant Governor to remove from the records of the Province every vestige of the gross misrepresentations of Sir Peregrine Maitland of his conduct in the Executive and Legislative Councils.11 He remained in England with his wife and daughter for three years; but passed the rest of his life in the Provincial capital, where he died, September 6, 1834, seventy-nine years of age. His devoted wife survived him for fifteen years, dying in March, 1849, aged ninety-three years. After being buried in the family burying ground (near the present Erskine Presbyterian Church) their bodies lie side by side in the St. James Cemetery, Toronto, and with them, that of their daughter, Elizabeth, who died, December 1, 1855.11 |