William Dummer Powell
Encyclopedia
William Dummer Powell was a Loyalist lawyer, judge and political figure in Upper Canada
.
,, Lieutenant Governor of Massachusetts
. He was the eldest son of John Powell (d.1794), a prosperous merchant
who for thirty years held the contract for provisioning the Royal Navy
. His mother, Janet (d.1774), was the daughter of Sweton Grant (d.1744), of Newport, Rhode Island
. Grant was a member of the Grant Baronets
of Dalvey
and Gartenbeg, who was probably involved in the slave trade and started a gunpowder
business in Boston
. Ironically, Grant was killed by an explosion.
Powell studied in Boston
before being sent to England
under the care of his maternal relative, Sir Alexander Grant, who sent him to board at Tonbridge School
. Having in four years excelled at nothing other than cricket
, he was next sent him to live with a merchant
at Rotterdam
where he was to learn French
and Dutch
while gaining a first-hand experience in business. Having returned to Boston
in 1772, two years later he started his legal career in the offices of Jonathan Sewell
, Attorney General of Massachusetts. After his marriage, he returned to England in 1775 where he studied law at the Middle Temple
.
, Powell went to Quebec
in 1779, entering private practice in Montreal
. In 1783, he went to England
to petition with other delegates against the Quebec Act
. His formal call to the English bar, delayed because of finances, was finally arranged in 1784 and, later that year, he returned to Boston
to attempt to recover his father's property which had been confiscated after the American Revolution
. Unsuccessful, he returned to Montreal in 1785.
In 1789, he was appointed judge in the Western District. He lived in Detroit but the court sat at L'Assomption (Windsor
). In 1794, he was appointed to the Court of King's Bench for Upper Canada and moved to Newark (Niagara-on-the-Lake
). In 1808, he was appointed to the Executive Council
for the province. He settled at York (Toronto) and remained there during the American occupation during the War of 1812
. He opposed the suspension of habeas corpus
during the war. In 1814, he assisted Chief Justice Thomas Scott by presiding over several of the trials known as the "Bloody Assize
" which were held at Ancaster
to prosecute those charged with treason
during the war.
When Chief Justice Thomas Scott was no longer able to chair the Executive Council in 1816, Powell took on that post, and also replaced him as Chief Justice later that same year.
He upset the province's administration by rejecting many of the charges brought by Lord Selkirk
against those who had stirred up trouble for the Red River Colony
. In 1823, he refused to swear in Alexander Wood
as a commissioner for war claims arising from the War of 1812; Powell had originally opposed his appointment on moral grounds. Wood successfully sued him for damages. Although he opposed prosecuting Robert Fleming Gourlay
for attacks on the administration of the province, he found himself forced to banish Gourlay from the province for sedition
. In 1825, after he was rebuked by the Executive Council for exposing the administration to criticism, he resigned from that council; he was succeeded by William Campbell
as Chief Justice later that year. He died in Toronto in 1834.
, daughter of Dr John Murray (b.1720) and Mary Boyles. John Murray was born in Scotland
and became a surgeon
in the Royal Navy
. He established himself with a private medical practice at Wells
and then Norwich
, before moving to Boston
. They were survived by two children. Their son, Captain John Powell of Brockamour Manor, Niagara-on-the-Lake
, married a daughter of General Æneas Shaw
and they were the parents of John Powell
, alderman
and mayor
of Toronto
.
Upper Canada
The Province of Upper Canada was a political division in British Canada established in 1791 by the British Empire to govern the central third of the lands in British North America and to accommodate Loyalist refugees from the United States of America after the American Revolution...
.
Early life and education
Born at Boston, Massachusetts, he was named for his grandmother's brother William DummerWilliam Dummer
William Dummer was Acting Governor of the Province of Massachusetts Bay from 1723 to 1728.-Family:Dummer was born in Boston and died in Newbury, Massachusetts, the son of Jeremiah Dummer, the first American born silversmith, and Anna Atwater...
,, Lieutenant Governor of Massachusetts
Lieutenant Governor of Massachusetts
The Lieutenant Governor of Massachusetts is the first in the line to discharge the powers and duties of the office of governor following the incapacitation of the Governor of Massachusetts...
. He was the eldest son of John Powell (d.1794), a prosperous merchant
Merchant
A merchant is a businessperson who trades in commodities that were produced by others, in order to earn a profit.Merchants can be one of two types:# A wholesale merchant operates in the chain between producer and retail merchant...
who for thirty years held the contract for provisioning the Royal Navy
Royal Navy
The Royal Navy is the naval warfare service branch of the British Armed Forces. Founded in the 16th century, it is the oldest service branch and is known as the Senior Service...
. His mother, Janet (d.1774), was the daughter of Sweton Grant (d.1744), of Newport, Rhode Island
Newport, Rhode Island
Newport is a city on Aquidneck Island in Newport County, Rhode Island, United States, about south of Providence. Known as a New England summer resort and for the famous Newport Mansions, it is the home of Salve Regina University and Naval Station Newport which houses the United States Naval War...
. Grant was a member of the Grant Baronets
Grant Baronets
-Grant Baronets, of Dalvey, Elgin :Created 10 August 1688, in the baronetage of Nova Scotia.*Sir James Grant, 1st Baronet, died 1695*Sir Ludovic Grant, 2nd Baronet, died 4 January 1701*Sir Sweton Grant, 3rd Baronet, died 1752...
of Dalvey
Dalvey, Elgin
Dalvey is a place near to the town of Forres in Moray, Scotland. The name gave rise to the Baronets Grant of Dalvey, Elgin....
and Gartenbeg, who was probably involved in the slave trade and started a gunpowder
Gunpowder
Gunpowder, also known since in the late 19th century as black powder, was the first chemical explosive and the only one known until the mid 1800s. It is a mixture of sulfur, charcoal, and potassium nitrate - with the sulfur and charcoal acting as fuels, while the saltpeter works as an oxidizer...
business in Boston
Boston
Boston is the capital of and largest city in Massachusetts, and is one of the oldest cities in the United States. The largest city in New England, Boston is regarded as the unofficial "Capital of New England" for its economic and cultural impact on the entire New England region. The city proper had...
. Ironically, Grant was killed by an explosion.
Powell studied in Boston
Boston
Boston is the capital of and largest city in Massachusetts, and is one of the oldest cities in the United States. The largest city in New England, Boston is regarded as the unofficial "Capital of New England" for its economic and cultural impact on the entire New England region. The city proper had...
before being sent to England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
under the care of his maternal relative, Sir Alexander Grant, who sent him to board at Tonbridge School
Tonbridge School
Tonbridge School is a British boys' independent school for both boarding and day pupils in Tonbridge, Kent, founded in 1553 by Sir Andrew Judd . It is a member of the Eton Group, and has close links with the Worshipful Company of Skinners, one of the oldest London livery companies...
. Having in four years excelled at nothing other than cricket
Cricket
Cricket is a bat-and-ball game played between two teams of 11 players on an oval-shaped field, at the centre of which is a rectangular 22-yard long pitch. One team bats, trying to score as many runs as possible while the other team bowls and fields, trying to dismiss the batsmen and thus limit the...
, he was next sent him to live with a merchant
Merchant
A merchant is a businessperson who trades in commodities that were produced by others, in order to earn a profit.Merchants can be one of two types:# A wholesale merchant operates in the chain between producer and retail merchant...
at Rotterdam
Rotterdam
Rotterdam is the second-largest city in the Netherlands and one of the largest ports in the world. Starting as a dam on the Rotte river, Rotterdam has grown into a major international commercial centre...
where he was to learn French
French language
French is a Romance language spoken as a first language in France, the Romandy region in Switzerland, Wallonia and Brussels in Belgium, Monaco, the regions of Quebec and Acadia in Canada, and by various communities elsewhere. Second-language speakers of French are distributed throughout many parts...
and Dutch
Dutch language
Dutch is a West Germanic language and the native language of the majority of the population of the Netherlands, Belgium, and Suriname, the three member states of the Dutch Language Union. Most speakers live in the European Union, where it is a first language for about 23 million and a second...
while gaining a first-hand experience in business. Having returned to Boston
Boston
Boston is the capital of and largest city in Massachusetts, and is one of the oldest cities in the United States. The largest city in New England, Boston is regarded as the unofficial "Capital of New England" for its economic and cultural impact on the entire New England region. The city proper had...
in 1772, two years later he started his legal career in the offices of Jonathan Sewell
Jonathan Sewell
Jonathan Sewell was a lawyer, judge and political figure in Lower Canada.-Early life:He was born in Cambridge, Massachusetts, the son of the last British attorney general of Massachusetts...
, Attorney General of Massachusetts. After his marriage, he returned to England in 1775 where he studied law at the Middle Temple
Middle Temple
The Honourable Society of the Middle Temple, commonly known as Middle Temple, is one of the four Inns of Court exclusively entitled to call their members to the English Bar as barristers; the others being the Inner Temple, Gray's Inn and Lincoln's Inn...
.
Career
As a LoyalistLoyalist
In general, a loyalist is someone who maintains loyalty to an established government, political party, or sovereign, especially during war or revolutionary change. In modern English usage, the most common application is to loyalty to the British Crown....
, Powell went to Quebec
Quebec
Quebec or is a province in east-central Canada. It is the only Canadian province with a predominantly French-speaking population and the only one whose sole official language is French at the provincial level....
in 1779, entering private practice in Montreal
Montreal
Montreal is a city in Canada. It is the largest city in the province of Quebec, the second-largest city in Canada and the seventh largest in North America...
. In 1783, he went to England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
to petition with other delegates against the Quebec Act
Quebec Act
The Quebec Act of 1774 was an Act of the Parliament of Great Britain setting procedures of governance in the Province of Quebec...
. His formal call to the English bar, delayed because of finances, was finally arranged in 1784 and, later that year, he returned to Boston
Boston
Boston is the capital of and largest city in Massachusetts, and is one of the oldest cities in the United States. The largest city in New England, Boston is regarded as the unofficial "Capital of New England" for its economic and cultural impact on the entire New England region. The city proper had...
to attempt to recover his father's property which had been confiscated after the American Revolution
American Revolution
The American Revolution was the political upheaval during the last half of the 18th century in which thirteen colonies in North America joined together to break free from the British Empire, combining to become the United States of America...
. Unsuccessful, he returned to Montreal in 1785.
In 1789, he was appointed judge in the Western District. He lived in Detroit but the court sat at L'Assomption (Windsor
Windsor, Ontario
Windsor is the southernmost city in Canada and is located in Southwestern Ontario at the western end of the heavily populated Quebec City – Windsor Corridor. It is within Essex County, Ontario, although administratively separated from the county government. Separated by the Detroit River, Windsor...
). In 1794, he was appointed to the Court of King's Bench for Upper Canada and moved to Newark (Niagara-on-the-Lake
Niagara-on-the-Lake
Niagara-on-the-Lake is a Canadian town located in Southern Ontario where the Niagara River meets Lake Ontario in the Niagara Region of the southern part of the province of Ontario. It is located across the Niagara river from Youngstown, New York, USA...
). In 1808, he was appointed to the Executive Council
Executive Council of Upper Canada
The Executive Council of Upper Canada had a similar function to the Cabinet in England but was not responsible to the Legislative Assembly. Members of the Executive Council were not necessarily members of the Legislative Assembly but were usually members of the Legislative Council. Members were...
for the province. He settled at York (Toronto) and remained there during the American occupation during the War of 1812
War of 1812
The War of 1812 was a military conflict fought between the forces of the United States of America and those of the British Empire. The Americans declared war in 1812 for several reasons, including trade restrictions because of Britain's ongoing war with France, impressment of American merchant...
. He opposed the suspension of habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
during the war. In 1814, he assisted Chief Justice Thomas Scott by presiding over several of the trials known as the "Bloody Assize
Bloody Assize (1814)
The Bloody Assize in Upper Canada was a series of trials held at Ancaster during the War of 1812.During the war, a number of settlers from the Niagara and London Districts had taken up arms against their neighbours. Many later fled to the United States....
" which were held at Ancaster
Ancaster, Ontario
Ancaster is a picturesque and historic community located on the Niagara escarpment, within the greater area of the city of Hamilton, Ontario, Canada. This former town was founded officially in 1793 and was one of the oldest European communities established in present day Ontario along with Windsor...
to prosecute those charged with treason
Treason
In law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a...
during the war.
When Chief Justice Thomas Scott was no longer able to chair the Executive Council in 1816, Powell took on that post, and also replaced him as Chief Justice later that same year.
He upset the province's administration by rejecting many of the charges brought by Lord Selkirk
Thomas Douglas, 5th Earl of Selkirk
Thomas Douglas, 5th Earl of Selkirk was a Scottish peer. He was born at Saint Mary's Isle, Kirkcudbrightshire, Scotland. He was noteworthy as a Scottish philanthropist who sponsored immigrant settlements in Canada at the Red River Colony.- Early background :Douglas was the seventh son of Dunbar...
against those who had stirred up trouble for the Red River Colony
Red River Colony
The Red River Colony was a colonization project set up by Thomas Douglas, 5th Earl of Selkirk in 1811 on of land granted to him by the Hudson's Bay Company under what is referred to as the Selkirk Concession. The colony along the Red River of the North was never very successful...
. In 1823, he refused to swear in Alexander Wood
Alexander Wood (merchant)
Alexander Wood was a merchant and magistrate in Upper Canada who was the center of a sex scandal in 1810.-Early life and career:...
as a commissioner for war claims arising from the War of 1812; Powell had originally opposed his appointment on moral grounds. Wood successfully sued him for damages. Although he opposed prosecuting Robert Fleming Gourlay
Robert Fleming Gourlay
Robert Gourlay was a Scottish-Canadian writer, political reform activist, and agriculturalist.-Biography:...
for attacks on the administration of the province, he found himself forced to banish Gourlay from the province for sedition
Sedition
In law, sedition is overt conduct, such as speech and organization, that is deemed by the legal authority to tend toward insurrection against the established order. Sedition often includes subversion of a constitution and incitement of discontent to lawful authority. Sedition may include any...
. In 1825, after he was rebuked by the Executive Council for exposing the administration to criticism, he resigned from that council; he was succeeded by William Campbell
William Campbell (jurist)
Sir William Campbell was Chief Justice of the Supreme Court of Upper Canada and a resident of Toronto. He also held political appointments in both Nova Scotia and Upper Canada.He was born in Caithness, Scotland in 1758...
as Chief Justice later that year. He died in Toronto in 1834.
Family
In 1775, Powell married Anne MurrayAnne Murray (gentlewoman)
Anne Murray was an author in Upper Canada, the wife of Chief Justice William Dummer Powell.She was born in Wells, Norfolk, England, to Dr. John Murray and Mary Boyles, the daughter of a customs collector. Her father was born in Scotland and became a surgeon in the Royal Navy...
, daughter of Dr John Murray (b.1720) and Mary Boyles. John Murray was born in Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
and became a surgeon
Surgeon
In medicine, a surgeon is a specialist in surgery. Surgery is a broad category of invasive medical treatment that involves the cutting of a body, whether human or animal, for a specific reason such as the removal of diseased tissue or to repair a tear or breakage...
in the Royal Navy
Royal Navy
The Royal Navy is the naval warfare service branch of the British Armed Forces. Founded in the 16th century, it is the oldest service branch and is known as the Senior Service...
. He established himself with a private medical practice at Wells
Wells
Wells is a cathedral city and civil parish in the Mendip district of Somerset, England, on the southern edge of the Mendip Hills. Although the population recorded in the 2001 census is 10,406, it has had city status since 1205...
and then Norwich
Norwich
Norwich is a city in England. It is the regional administrative centre and county town of Norfolk. During the 11th century, Norwich was the largest city in England after London, and one of the most important places in the kingdom...
, before moving to Boston
Boston
Boston is the capital of and largest city in Massachusetts, and is one of the oldest cities in the United States. The largest city in New England, Boston is regarded as the unofficial "Capital of New England" for its economic and cultural impact on the entire New England region. The city proper had...
. They were survived by two children. Their son, Captain John Powell of Brockamour Manor, Niagara-on-the-Lake
Niagara-on-the-Lake
Niagara-on-the-Lake is a Canadian town located in Southern Ontario where the Niagara River meets Lake Ontario in the Niagara Region of the southern part of the province of Ontario. It is located across the Niagara river from Youngstown, New York, USA...
, married a daughter of General Æneas Shaw
Æneas Shaw
Æneas Shaw UE was a soldier and political figure in Upper Canada.He was born at Tordarroch House, Pitlochry, Scotland around 1740 and came to Staten Island, New York around 1770. He joined the Queen's Rangers at the start of the American Revolution, later becoming a captain. After the British...
and they were the parents of John Powell
John Powell (politician)
John Powell was a Canadian politician who served as mayor of Toronto and played an important role in the Upper Canada Rebellion. Powell was a member of the "Family Compact," the small group of elite families that controlled the politics of Upper Canada in the first half of the nineteenth century...
, alderman
Alderman
An alderman is a member of a municipal assembly or council in many jurisdictions founded upon English law. The term may be titular, denoting a high-ranking member of a borough or county council, a council member chosen by the elected members themselves rather than by popular vote, or a council...
and mayor
Mayor
In many countries, a Mayor is the highest ranking officer in the municipal government of a town or a large urban city....
of Toronto
Toronto
Toronto is the provincial capital of Ontario and the largest city in Canada. It is located in Southern Ontario on the northwestern shore of Lake Ontario. A relatively modern city, Toronto's history dates back to the late-18th century, when its land was first purchased by the British monarchy from...
.