Powell and his wife learned of this sale for the first time in the Summer of 1795 after their return from England and removal to Niagara next year, she visited her brother in New York and asked for the full amount of her annuity as the reduction had been submitted to only that the houses might be put in repair. Compliance was refused by Murray in terms of violent resentment. Mrs. Powell says; "After great irritation, the case was to be submitted to Arbitration, my Brother permitted to name the Umpire; this was given up from his declining any other question to be discussed than the legality of the Bond which had not been questioned; this put an end to all further proceedings, and I returned home;-in 1807 a painful event called for my Husband's presence in Europe-before his departure he called on Mr. Cadwallader Colden for his opinion respecting the contest with my Aunt's Executors: that Gentleman's opinion of the ultimate decision of a Court of Chancery must be favorable to my claim; but that the situation of the two Countries was of such a nature, as to render intercourse doubtful, and at any rate the Trustees would have the power to remove the Cause from Court to Court to an interminable period; however a Bill in Chancery was filed and various subsequent events both political and domestic: in 1818, I was at New York where I met Mr. Clark and called upon him to perform this act of justice; he assured me that he had given up all interference in this affair, it being entirely in my Brother's hands; application to him (J. B. Murray) was unavailing and would have interrupted that affectionate intercourse with my sister and family which had been a source of pleasure to both parties; in 1828, previous to my embarking for England, I again urged him to perform this act of Justice; his refusal was couched in such terms that but for the pain it would have given to his family I should have left his House, never to renew my visit; on our return from England in 1827, some offensive language on the part of Hamilton Murray induced Mr. Powell to take the opinion and retain Counsel; and nothing has occurred to shake my conviction that the sale of the property secured for the payment of the whole annuity, no longer justified its reduction for the sole purpose of keeping it in repair."

In the end Mrs. Powell had to submit to a very serious reduction in the amount which her aunt intended her to receive.

APPENDIX D

COMPLETION OF THE EPISODE OF JEREMIAH POWELL

In the meantime the unfortunate Jeremiah remained a prisoner in the fortress at Cartagena to which place he was taken on the way to Omoa. Many letters passed between him and his father and his uncle George Murray, the latter of whom kept him well supplied with money and also informed him as to the progress of the efforts for his release. Murray was also in correspondence with his sister, Mrs. Powell, to whom he transmitted her son's letters.

The young man had planned an escape, when, at length, October 29, 1807, the news arrived that he was to be set free. He had been treated well for a convict, having been allowed to walk around the city wearing a small iron ring around one of his legs, the money supplied him standing him in good stead.

We have the following memorandum in Jeremiah's handwriting: "Memorandum.

"The Brig Wolf brought the order to Cartagena under cover directed to me in my Father's handwriting on the 22nd in the afternoon-the same evening I was removed to the gaol; my F's letter of the 16th July was given to me on the same night at 3 o'clock I saw the Govr & Mr. Jones in H. E. closet who told me that the order was insufficient for my discharge in as much as the only apparent proof of its authenticity was the certificate of Dr. Manl de la Torré, a man of whom he knew nothing, & of whose office (Chargé d'Affaires of Prisonners in London) he had never heard. H. E. assured me that he was morally satisfied that I was pardoned tho' he could not give me up, that during the probable time of my detention which could not be more than a month I should be treated with consideration & indulgence, and be set at liberty the moment that the original order signed by the Span Secry (Dn P Cavallos) should appear or advices be received from Carraccas authorizing such a step-On the next day it was again doubtful with H. E. whether the paper warranted my discharge & he postponed the giving a final answer till sat'y aft'n the 24 when with the advice of the Fiscal and the Assessor he returned to the British Offr. the certified order which he brought & on the back of it H. E.'S refusal (dated 23d) with which the vessel directly put to sea-at the same time I received this translation of the Royal Decree."

The sloop in which he finally came to New York had been fitted out at the expense of his uncle George W. Murray. He arrived in New York early in the year and he came home to his father's house in February, 1808, his father having gone to Niagara to meet him. Mr. Justice Powell himself had got home only late in October, 1807. The subsequent story of the young man is tragic.

During the time the Judge was in England on his way home from Spain, he used his influence with Sir James Cockburn who was to go out to Curacao as Governor, and he also solicited the good offices of Major Robertson, an old friend, to procure for his son an Office in that Island. A letter from the latter from London, No. 33 Michael's Place, Brompton, October 5, 1808, assured him that Jeremiah would without

doubt be appointed "Interpreter to the Courts, a situation worth £2,000 sterling per annum at least, and may be done for £200 or less by Deputy." The letter proceeds:

"From what has already passed you may rely on this. The fact is that Sr James has already consented to appoint my Father, Capt. of the Fort & Mr Sutherland Vendue Master but on the express condition of their coming to the Island; as he has laid it down as a Rule never to be departed from that he will not given any situation of Importance to any Person who is not present himself to discharge the Duties thereof -these are his own words-Sr. James is li e many more in one particular he has a numerous family of needy Dependents-I therefore did not hesitate in combining his Interest with my wishes--My Father is to allow one half should it be £2000 or upwards and one third if under £2000, to a brother of his, Capt. Francis Cockburn of the 66th Regt. Mr. S. to be on the same terms with Alexr. Cockburn, Esqr, another brother, of the Corps diplomatique, formerly Consul General at Hamburgh-to these conditions I am pledged, and perhaps something similar may be the case in the Interest of your Son.

"This I conclude neither you or he would object to, particularly as I consider any appointment or situation in the Island as a Secondary Consideration when compared with his commercial views--the same with Mr Sutherland-I have referred to Messrs. Murray at New York as a correspondent-perhaps it may end in a commercial connection between Mr. S. and your Son-they will certainly have all the Support which the Governor can give them-Sr James has the power of granting licenses for vessels trading with St. Domingo. This may prove really advantageous to your Son-I hope that we shall find him there on our arrival-an article in Sr. James' Instructions directs that he is to notify his arrival by a flag of Truce to the Spanish Governor General at the Carracas expressing his wish that every possible friendly Intercourse may take place which their relative Situations will admit of, &c. I am to be the Bearer of this Communication.

"From my former knowledge of the Gov. Genl. while at Barbadoes some Benefit may result in Consequence thereof. Even now Mr Windham has given assurance to Sr James that He will not be long absentthe Prince & all the Sidmouth party are to be decidedly with the late Ministers-All the Marchioness of Bath (Lady Pultney's) members are also with the Opposition. Sr James seems determined that I shall return with him-be this as it may, both your son and myself will I hope secure at all Events a friend in him at Head Quarters .

This letter was shown to Jeremiah shortly after his arrival in York: and, as soon as his health was fairly restored, he became restless of the inaction; and March 8, 1808, set off again in pursuit of fortune. A letter from Mrs. Powell to her brother George Murray in New York dated March 8 1808, tells the story thus:

"He left us an hour ago on his way to Kingston and N Yk. You will be surprised at the suddeness of his determination but will I trust approve; he will show you the ground on which he acts and I think had his father as he at first intended copied Major's Robertson's Letters and forwarded it to you, the happiness I have experienced in embracing this son of my solicitude had been delayed until he had secured the situation to which he has been appointed at Curacoa. . . he considers the commercial advantages such an Introduction may afford as of the first importance the appointment though high sounding in point of emolument but secondary

"No one sees more plainly than my self the baneful effects of the most inhuman treatment ever suffered from people who consider themselves superior to the Barbarians the Hollowness of his cheeks and Eyes and the Cough which in the morning has made me start and of which he is not sensible are to me sure symptoms of material injury Your unwearied friendship and Affection secured his liberation-parental success had been insufficient but for your timely aid, for who could suppose the obstacles thrown in the way by rapacity and cruelty?"

He seems to have intended to sail by way of New York but changed his mind, as his father had warned him to take no risks. He therefore went to Halifax arriving late in May; there he met the notorious Aaron Burr. Letters of introduction from his father procured him the notice of Sir George Prevost, the Governor, the Bishop, Dr. Inglis, and the best people generally. A letter from the Bishop to Mr. Justice Powell shows that the son made warm and admiring friends in Halifax during his short stay in the City. He had gone to Halifax that he might be taken on board a British man-of-war and in that way pursue his voyage to the West Indies in safety. In July the "Latonia" of 38 guns (Captain Wood) left Halifax for Barbadoes, and Jeremiah secured a passage in that ship: from Barbadoes he proceeded to Curacoa; there he found that the place which he had expected had been filled owing to his long delay in arriving at the Island. The warning that he must be present on the Island to be appointed had been specific enough, but his caution in travelling in a perfectly safe method had resulted in very great delay, and he had to suffer the penalty.

He found that his house in Hayti had been rifled by Dessalines a few hours after he had made his escape; all his efforts to obtain assistance from his former associates proved vain, and his uncle had spent nearly $3,000 in alleviating his condition when a captive and in attempting to procure his escape from the South American prison. He could see no prospect of opening business in Curaçoa or Venezuela; and he determined to sail for England.

Miranda had escaped and had made his way to England where he was again taken into favour by the British Government. The pension of himself and his secretary was renewed, and he was living in good repute in Society. Mr. Justice Powell in July wrote to his brother-inlaw Captain Robert Browne of Norwich, husband of Mrs Powell's sister and Browne went to see Miranda (it may be of interest to note that a leter from York, Upper Canada, sent January 19 arrived at Norwich, England, May 30, and another sent from York July 28 arrived at Norwich, September 18). The result of the interview appears in a letter from Browne to Powell dated October 5, 1808, which reads in part as follows:

"I am happy to acquaint you I have been more fortunate in respect to yours of the 28th July which was received 18th Sept. to Mrs B[rowne] I lost no time in finding up Mr Miranda, whom I waited upon, and made myself known to him, was received with great politeness, and made acquainted with all his misfortunes and disappointments to the capture of your son, of whom he speaks in the highest terms, but had never heard of him till he saw me. The whole of his property on board with a kind of will (which on those occasions is generally made) was given to a Mr Kirkman (Kirkland) a friend of Jerry's on his going on board the schooner Bacchus, and by what I understand from Miranda his property was to be delivered to bis friend

at New York. Mr. Kirkman is in America or in some one of the West Indies; our friend George I have no doubt will be able to get some information of him. Finding the ground I was on with the General was pretty firm, I took my leave requesting him to allow his Secretary (who was present) to give me what information he could on the subject and I would call again; this I did three days after and found (which I always thought) Miranda was sanctioned by this Government. He told me of two gentlemen who were with him that were provided with places in the West Indies to the amount of £700 per annum on his application, and spoke in the most friendly manner. I then opened my battery and pointed to him in the strongest colours my poor abilities would allow the distress he had been thro' with that of his family, and asked if a word from him to the Secretary of State might not be of service to Jerry in his present situation. The eagerness with which he replied convinced me of his real friendship for your son. I shall see my Lord Castlereagh next week; I will do all in my power for Mr. Powell and have no doubt but that he will be recompensed for his losses, and if I can by any means in my power otherwise befriend him I shall be happy, you will kind enough to inform him of this when you write, with my kind regards."

The contents of this letter could not possibly have been communicated to Jeremiah; but it is obvious that his determination to sail for England was not ill-advised, and that he had every reason to expect that he would receive some consideration at the hands of Miranda, and also that Miranda's influence would be of advantage to him. He seems to have believed that he could advance his father's interests as the following letter will show (a similar letter was written to his mother at the same time) :

"My Dear Father,

"Curacoa, 28 Novr., 1808.

"I wrote you on the 15th inst announcing my intention of going to England. I sail in a few days and my time is very much occupied. This is to be expected, in failure of all my expectations from Governmt that I shall be able to make some desirable arrangements at home for my return. In time of war we must not trust very full explanations to letters. Connected with my own views at the Capital I intend to make an effort for yourself; and if successful there, and you should not approve of the change on hearing it, I pledge myself that everything shall be so completely taken on my own shoulders with Ministers that you need feel no delicacy in refusing to ratify any of my engagements that relate to yourself. The late appointment of Mr S. (i. e. Mr. Scott as Chief Justice of Upper Canada) has disgusted me coming on the back of a great many unaccountable events. It cannot be gratifying to you. And, as I think the Admiralty will be induced to establish a Court here, I propose, if I am not mistaken in the fact, to offer your name for the Office of Vice Admiralty Judge and Surrogate. The salary I think is £1200 to £1500 Stg. P. An; the climate is delightful and Curacoa must become a scene of business and interest more inviting than Upper Canada in its best days. There is already a sort of Job Court here which I intend to overset as soon as I get to England this will not be difficult and there are so many applicants for Canada that the change will be eagerly embraced for the sake of ready patronage. The Admiralty Establishment for their Judges, you know, is very