96 LEAVES THEY HAVE TOUCHED. 



correspondence of Government, and acquits himself with peculiar 

 ability and application. Major Littlehales appeared to possess the 

 confidence of the country. This is not ^infrequently the case with 

 men in place and power ; but his worth, politeness, prudence and 

 judgment give this officer peculiar claims to the confidence and respect 

 which he universally enjoys." 



In connection with Mr. Powell's first visit to Niagara and the 

 fraternal conferences which, as we have seen. Chief Justice Osgoode 

 in his solitude desired to have with him, I must give the following 

 note from the au,tograph of the Governor himself: "Col. Simcoe's 

 compliments to Mr. Powell : Mr. Chief Justice Osgoode is to be with 

 him at eleven o'clock, when he shall be happy to present Mr. Powell 

 to him. Sunday morning." Public men, at home and here, were 

 not in 1794 so scrupulous as they are obliged now to be, in regard to 

 utilizing occasionally some of the hours of Sunday for the con- 

 sideration of affairs of state. In the following year, under date of 

 "4th July, 1795, Saturday morning," we have a note in the hand- 

 writing of Major Littlehales, addressed to Mr. Powell, in these words : 

 " Lieut. -Governor Simcoe will be glad to have the pleasure of seeing 

 you to dinner to-morrow at three o'clock, and is the more solicitous 

 in this invitation, as he wishes to converse with you upon business, 

 before or after dinner." And when the King's birthday falls on a 

 Sunday, the Commandant at Fort George does not defer to the 

 following day the dinner to which he invites Ms friends. Thus: 

 " Major Shank requests the honour of Mr. A. Macnab's company to 

 dinner on Sunday, the 4th of June." 



A note of Chief Justice Elmsley (Osgoode's successor) to Mr. 

 Powell, now advanced to be Mr. Justice Powell, exhibits the same 

 peculiarity. It is dated " Sunday morning," and conveys the follow- 

 ing queries to Mr. Powell. (They constitute my chief MS. relics of 

 Chief Justice Elmsley). "1. Is their any ordinance or law that has 

 made any alteration in the Penal Law of this Province since the 1 4th 

 George III., except that which extends Petty Larceny to twenty 

 shillings sterling % 2. By what Proclamation, Ordinance or Law 

 was the Penal Law of England introduced here? for the 14th Geo. 

 III. mentions its having been established near nine years. To these 

 questions," he then says, " allow me to add another of much less 

 importance. Is it the custom to give the Grand Jury a dinner here, 

 as elsewhere 1" I happen to possess Mr. Justice Powell's response, in: 



