interesting and powerful letter on the subject from Robertson to Chief Justice William Smith,18 to a Committee of the Legislative Council. The Committee suggested the necessity of filling the positions vacated by Robertson and Baby and inducing "Gentlemen of Law abilities and possessing knowledge of the custom of Merchants" to undertake the employment with a salary "or such certain and permanent provision for their support as the dignity and importance of their station requires. Fees alone... will not for many years be adequate."19

After some considertion it was determined for the time being to appoint but one lawyer as judge with the title First Justice and to give him the same jurisdiction as three judges had in the Courts of the other Districts: and to pay him a salary of £500 sterling, whereas the other judges were paid wholly by fees.

Powell was approached on the subject by the Governor's representative: and, accepting the position, he was duly appointed.20

An Ordinance of April 30, 1789, provided that until three judges should have been regularly named to preside in the Court of Common Pleas for the District of Hesse, all the power and authority of the whole number were delegated to the person who should receive a Commission to act as first judge of the Court.21

When a lawyer had been selected as judge of the far distant Court, it seemed safe to give him extended jurisdiction-a jurisdiction which was a great desideratum in a fur-trading country. Powell gives the following description which very fairly sets out the provisions of Section 9 of the Ordinance:

"This District ended the Province to the West, beyond was Territory possessed by the Indians and unorganized tho' claimed by the Spaniard and American as well as the Hudson's Bay Company.

"The extensive Fur Trade carried on in these remote Countries was chiefly fitted out from Montreal and was of growing importance. The nature of that Trade in which the last Fitterout22 of an adventure was supposed to be prefered to the Extent of that Credit on the proceeds of that Outfit gave occasion to infinite discussion and it was considered of Importance to establish a Jurisdiction which should extend over that immense Country in which the Trade was carried on, as no legal Powers extended beyond the limits of the Province of Quebec. Such a Jurisdiction could not well exist; but to effect the same purpose the Act or Ordinance which established a

Court of Law in the district to be presided over by a sole Judge, declared that it should be no Exception to the process, Judgment and Execution in that Court, that the cause of action arose out of it, or that the Defendant had no Domicilium within it. This Provision protected this Authority wherever there was an indian Trader, and of course subjected his property and Conduct to control.”

Another provision may be mentioned, viz: that in sec. 10, which directs that the plea that a debt is barred by the laws of prescription is not to be entertained except as to debts accruing due after January 1, 1790.

Powell says that he accepted the appointment "with the latent but confident expectation of a new system for the new Districts recently settled by the Loyalists in which I should hold the chief legal appointment.”

For over quarter of a century, he was disappointed and experienced the hope deferred which maketh the heart sick.

His appointment naturally was displeasing to his old enemies among them Mr. Justice Mabane;23 but it was received by the rest of the community at Montreal and Quebec with favour, while the merchants at Detroit had their wish.

TH

CHAPTER VIII

THE JOURNEY TO DETROIT

HE family of the new Justice had been increased by the birth in 1784 of Jeremiah and in 1787, of Anne-both of these were to find a watery grave after being a heartbreak to their parents and in January, 1789, of Elizabeth. His sister Anne had joined the family group, coming from England for that purpose. All these, the husband and wife, the sister, four boys and two girls, Anne and the baby, were to make their way to the new home in the West.

To Lachine there was a good road; on the Island and west of the Ottawa River as far as the Pointe Boudet there were roads more or less passable; thence west practically as far as the River Trent, there were short stretches of ways through the forest which could scarcely be dignified anywhere as roads. -from the Trent to near Niagara there was an uninhabited, untrodden wilderness-at Niagara, there was a portage road from one Lake to the other, thence west to near the Detroit River there was an almost unbroken forest-as a consequence almost all of the journey must needs be by water.

We are fortunate in having from the pen of Anne Powell a description of the trip. From her letters, many of which are extant, she seems to have been a favourite sister: she writes them in a lively and entertaining style; and her light chaff is very amusing. The manuscript of the journey is still in existence, it is beautifully written, clear and legible and is certainly the production of a well-educated and intelligent woman. It has suffered some loss in the lapse of a century and a quarter but all that remains is quite clear and plain.

The party left Montreal May 11, 1789, and arrived at Detroit, June 9-a journey of 39 days. We shall let the fair traveller speak:

"When I talk'd of keeping a journal from Montreal tó Detroit I was not aware of the difficulties attending the journey. I expected it would be tedious, and thought writing would be a very pleasant employment, and so it might have proved had it been practicable but the opportunities of writing were so few that I found it would be impossible to keep a journal with any degree of regularity, so left it wholly alone