William Dummer Powell (November 5, 1755 - September 6, 1834) was a Loyalist lawyer, judge and political figure in

Upper Canada The Province of Upper Canada (french: link=no, province du Haut-Canada) was a part of British Canada established in 1791 by the Kingdom of Great Britain, to govern the central third of the lands in British North America, formerly part of the ...

Early life and education

Born at Boston, Massachusetts, he was named for his grandmother's brother

William Dummer William Dummer (bapt. September 29, 1677 (O.S.) October 10, 1677 (N.S.)/small> – October 10, 1761) was a politician in the Province of Massachusetts Bay. He served as its lieutenant governor for fourteen years (1716–1730), including an e ...

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. The constitutional honorific title for the office is His ...

. He was the eldest son of John Powell (1716-1794), a prosperous

merchant A merchant is a person who trades in commodities produced by other people, especially one who trades with foreign countries. Historically, a merchant is anyone who is involved in business or trade. Merchants have operated for as long as indust ...

who for thirty years held the contract for provisioning the

Royal Navy The Royal Navy (RN) is the United Kingdom's naval warfare force. Although warships were used by English and Scottish kings from the early medieval period, the first major maritime engagements were fought in the Hundred Years' War against F ...

before fleeing to England after the revolution. His mother, Janet (1728-1795), was the daughter of Sweton (or Suetonius) Grant (1702-1744), of

Newport, Rhode Island Newport is an American seaside city on Aquidneck Island in Newport County, Rhode Island. It is located in Narragansett Bay, approximately southeast of Providence, Rhode Island, Providence, south of Fall River, Massachusetts, south of Boston, ...

. Grant was a member of the

Grant Baronets Six baronetcies have been held by the Grant family. Colquhoun, later Grant baronets, of Grant (1625) See Colquhoun baronets Grant baronets, of Dalvey, Elgin (1688) Created 10 August 1688, in the baronetage of Nova Scotia. * Sir James Grant, ...

of Dalvey and Gartenbeg, who was probably involved in the

slave trade Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perf ...

and started a

gunpowder Gunpowder, also commonly known as black powder to distinguish it from modern smokeless powder, is the earliest known chemical explosive. It consists of a mixture of sulfur, carbon (in the form of charcoal) and potassium nitrate (saltpeter). ...

business in

Boston Boston (), officially the City of Boston, is the state capital and most populous city of the Commonwealth of Massachusetts, as well as the cultural and financial center of the New England region of the United States. It is the 24th- mo ...

. Ironically, Grant was killed by an explosion. Powell studied in

before being sent to

England England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe b ...

under the care of his maternal relative, Sir Alexander Grant, who sent him to board at

Tonbridge School (God Giveth the Increase) , established = , closed = , type = Public schoolIndependent day and boarding , religion = , president = , head_label ...

. Having in four years excelled at nothing other than

cricket Cricket is a bat-and-ball game played between two teams of eleven players on a field at the centre of which is a pitch with a wicket at each end, each comprising two bails balanced on three stumps. The batting side scores runs by striki ...

, he was next sent him to live with a

Rotterdam Rotterdam ( , , , lit. ''The Dam on the River Rotte'') is the second largest city and municipality in the Netherlands. It is in the province of South Holland, part of the North Sea mouth of the Rhine–Meuse–Scheldt delta, via the ''"N ...

where he was to learn French and

Dutch Dutch commonly refers to: * Something of, from, or related to the Netherlands * Dutch people () * Dutch language () Dutch may also refer to: Places * Dutch, West Virginia, a community in the United States * Pennsylvania Dutch Country People E ...

while gaining a first-hand experience in business. Having returned to

in 1772, two years later he started his legal career in the offices of

Jonathan Sewell Jonathan Sewell (born Jonathan Sewall; June 6, 1766 – November 11, 1839) was a lawyer, judge and political figure in Lower Canada. Early life He was born in Cambridge, Massachusetts, the son of Jonathan Sewall, the last British attorney gen ...

Attorney General of Massachusetts The Massachusetts Attorney General is an elected constitutionally defined executive officer of the Massachusetts Government. The officeholder is the chief lawyer and law enforcement officer of the Commonwealth of Massachusetts. The officeholder al ...

. After his marriage, he returned to England in 1775 where he studied law at the

Middle Temple The Honourable Society of the Middle Temple, commonly known simply 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 an ...

Career

As a Loyalist, Powell went to

Quebec Quebec ( ; )According to the Canadian government, ''Québec'' (with the acute accent) is the official name in Canadian French and ''Quebec'' (without the accent) is the province's official name in Canadian English is one of the thirtee ...

in 1779, entering private practice in

Montreal Montreal ( ; officially Montréal, ) is the List of the largest municipalities in Canada by population, second-most populous city in Canada and List of towns in Quebec, most populous city in the Provinces and territories of Canada, Canadian ...

. In 1783, he went to

to petition with other delegates against the

Quebec Act The Quebec Act 1774 (french: Acte de Québec), or British North America (Quebec) Act 1774, was an Act of the Parliament of Great Britain which set procedures of governance in the Province of Quebec. One of the principal components of the Act w ...

. His formal call to the English bar, delayed because of finances, was finally arranged in 1784 and, later that year, he returned to

to attempt to recover his father's property which had been confiscated after the

American Revolution The American Revolution was an ideological and political revolution that occurred in British America between 1765 and 1791. The Americans in the Thirteen Colonies formed independent states that defeated the British in the American Revolut ...

. Unsuccessful, he returned to Montreal in 1785. In 1789, he was appointed judge in the Western District. He lived in

Detroit Detroit ( , ; , ) is the largest city in the U.S. state of Michigan. It is also the largest U.S. city on the United States–Canada border, and the seat of government of Wayne County. The City of Detroit had a population of 639,111 at th ...

but the court sat at L'Assomption (

Windsor Windsor may refer to: Places Australia * Windsor, New South Wales ** Municipality of Windsor, a former local government area * Windsor, Queensland, a suburb of Brisbane, Queensland **Shire of Windsor, a former local government authority around Wi ...

). 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 The War of 1812 (18 June 1812 – 17 February 1815) was fought by the United States of America and its indigenous allies against the United Kingdom and its allies in British North America, with limited participation by Spain in Florida. It bega ...

. He opposed the suspension of

habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, t ...

during the war. In 1814, he assisted Chief Justice

Thomas Scott Thomas Scott may refer to: Australia * Thomas Hobbes Scott (1783–1860), Anglican clergyman and first Archdeacon of New South Wales * Thomas Scott (Australian politician) (1865–1946), member of the Queensland Legislative Assembly * Thomas Sco ...

by presiding over several of the trials known as the " Bloody Assize" which were held at Ancaster to prosecute those charged with

treason Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...

during the war. When Chief Justice

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 The Red River Colony (or Selkirk Settlement), also known as Assiniboia, Assinboia, was a colonization project set up in 1811 by Thomas Douglas, 5th Earl of Selkirk, on of land in British North America. This land was granted to Douglas by the Hud ...

. 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 Robert Fleming Gourlay (March 24, 1778 – August 1, 1863) was a Scottish-Canadian writer, political reform activist, and agriculturalist. Early life and education Gourlay was born in Craigrothie in the Parish of Ceres, Fife, Scotland on 22 M ...

for attacks on the administration of the province, he found himself forced to banish Gourlay from the province for

sedition Sedition is overt conduct, such as speech and organization, that tends toward rebellion against the established order. Sedition often includes subversion of a constitution and incitement of discontent toward, or insurrection against, estab ...

. 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.

Family

In 1775, Powell married

Anne Murray Morna Anne Murray (born June 20, 1945) is a retired Canadian singer. Her albums, consisting primarily of pop, country, and adult contemporary music, have sold over 55 million copies worldwide during her over 40-year career. Murray was the fir ...

, daughter of Dr John Murray (b.1720) and Mary Boyles. John Murray was born in

Scotland Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to the ...

and became a

surgeon In modern medicine, a surgeon is a medical professional who performs surgery. Although there are different traditions in different times and places, a modern surgeon usually is also a licensed physician or received the same medical training as ...

in the

. He established himself with a private medical practice at

Wells Wells most commonly refers to: * Wells, Somerset, a cathedral city in Somerset, England * Well, an excavation or structure created in the ground * Wells (name) Wells may also refer to: Places Canada *Wells, British Columbia England * Wells ...

and then

Norwich Norwich () is a cathedral city and district of Norfolk, England, of which it is the county town. Norwich is by the River Wensum, about north-east of London, north of Ipswich and east of Peterborough. As the seat of the See of Norwich, with ...

, before moving to

. 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 Aeneas Shaw ( – February 6, 1814) was a Scottish soldier and political figure in Upper Canada. Shaw was born in Pitlochry, Scotland and came to Staten Island, New York around 1770. He enlisted in the Queen's Rangers at the start of the Am ...

and they were the parents of John Powell,

alderman An alderman is a member of a Municipal government, municipal assembly or council in many Jurisdiction, jurisdictions founded upon English law. The term may be titular, denoting a high-ranking member of a borough or county council, a council membe ...

and

mayor In many countries, a mayor is the highest-ranking official in a municipal government such as that of a city or a town. Worldwide, there is a wide variance in local laws and customs regarding the powers and responsibilities of a mayor as well a ...

Toronto Toronto ( ; or ) is the capital city of the Canadian province of Ontario. With a recorded population of 2,794,356 in 2021, it is the most populous city in Canada and the fourth most populous city in North America. The city is the ancho ...

. Justice William Powell was described as a dedicated family man, sitting in the middle of his family in his pew at church. His daughter died in 1822 when a boat she was on sank. The packet ship, the ''Albion'', was one of the finest class of ships that operated between Liverpool and New York. She was scheduled to come to York on the previous voyage, but missed it for an unknown reason.

Legacy

Powell sold the north half of his Park Lot 12 to provide land for King's College (now the

University of Toronto The University of Toronto (UToronto or U of T) is a public research university in Toronto, Ontario, Canada, located on the grounds that surround Queen's Park. It was founded by royal charter in 1827 as King's College, the first institution ...

References

External links

Biography at the ''Dictionary of Canadian Biography Online''

Portrait of Mrs Anne (Murray) Powell

His Son, Captain John Powell's House, 'Brockamour'

Samuel Peters Jarvis and William Dummer Powell collection
Archives of Ontario {{DEFAULTSORT:Powell, William Dummer Chief justices of Upper Canada 1755 births 1834 deaths Members of the Legislative Assembly of Upper Canada Members of the Legislative Council of Upper Canada Lawyers from Boston Pre-Confederation Ontario people United Empire Loyalists 19th-century American lawyers