System Number: 11480
Date: 31 January 1866
Author: James Anderson Rose
Recipient: Joanna Hiffernan
Repository: Library of Congress
Call Number: Manuscript Division, Pennell-Whistler Collection, PWC K1
Document Type: MsDS
Dated 31 January 1866
J. A. McNeill Whistler Esqre
Power of Attorney
To all to whom these Presents shall come, James Abbott McNeill Whistler of No. 7 Lindsey Row Chelsea in the County of Middlesex in England Artist Sendeth greeting. Whereas the said James Abbott McNeill Whistler being about to proceed to America is desirous of appointing some fit and proper person or persons as his Attorney and Attornies to act in the management of his affairs and concerns in England during his absence abroad and for that purpose hath determined and agreed to appoint Joanna Hiffernan of 7 Lindsey Row Chelsea aforesaid her executors and administrators and to give and grant unto her[,] her attorney and them such powers as are herein contained (except so far as or relates to the negociation [sic] for sale and sale of certain etched copper plates for which purpose the said James Abbott McNeill Whistler hath executed another power of Attorney of even date herewith appointing James Anderson Rose his executors or administrators his attorney and attornies) Now know ye and these presents Witness that for effecting the purpose aforesaid He the said James Abbott McNeill Whistler hath nominated constituted and appointed and in his place and stead put and deputed and by these presents doth nominate constitute and appoint and in his place put and depute the said Joanna Hiffernan her executors or administrators (except as aforesaid) his true and lawful Attorney and Attorneys for him the said James Abbott McNeill Whistler and in his name and on his behalf and for his use to ask demand require and receive of and from all and every other persons and person whomsoever liable to pay the same or whom else it may concern all and every the debt and debts sum and sums of money due and owing belonging or coming to the said James Abbott McNeill Whistler from any person or persons whomsoever upon simple contract or otherwise and upon non payment therefor of any or either of them or any part thereof respectively one or more action or actions suit or suits at law or in equity to bring commence and prosecute for recovery thereof And upon payment or recovery therefor of any part thereof respectively good and sufficient receipts releases acquittances or other discharges from time to time to give sign and execute for the same And also for him the said James Abbott McNeill Whistler and in his name and on his behalf to compound any debt or debts owing to him and accept a part thereof or any security for the same in full or or to give further time for payment of the same debt or debts or any parts thereof And also for him the said James Abbott McNeill Whistler and in his name to state settle adjust and allow or to disallow all accounts reckonings and demands whatsoever upon or depending between him and any persons whomsoever and to pay or receive the balance which upon the settling of any such accounts shall appear to be due or owing from or to him the said James Abbott McNeill [p. 2] Whistler And also to submit to the final award arbitration or determination of one or more arbitrator or arbitrators either with or without an umpire all such disputes claims and demands as are now subsisting or may hereafter happen to arise touching or concerning the personal estate and effects of the said James Abbott McNeill Whistler in England and to sign seal and deliver as the Act and Deed of the said James Abbott McNeill Whistler all proper and necessary agreements bonds or other instruments for that purpose and the said James Abbott McNeill Whistler doth hereby agree and declare that the award or awards to be made in pursuance of such submission or submissions shall be binding or conclusive upon him his heirs executors and administrators as effectually as if he had himself actually entitled unto such submission or submissions and also to appear for him the said James Abbott McNeill Whistler in any Court of Law or equity to any action or suit that shall or may be brought commenced or prosecuted against him or whereunto he shall be a party and to defend the same or to suffer a judgment or judgments [sic] decree or decrees to be given and pronounced against him in any such action or actions suit or suits by default or otherwise as the said Attorney shall be advised or think proper And also with and out of such moneys or effects as shall from time to time come to the hands of the said Attorney or Attornies by virtue of these presents to pay satisfy and discharge any rent or taxes debt or debts dues or demands which is or are or hereafter shall or may be due owing or payable from or by the said James Abbott McNeill Whistler unto any person or persons whomsoever which the said Attorney or Attorneys shall think fit and expedient to put and discharge and not otherwise And also to sign and give notices of intention to quit and give up possession of any house or tenement now tenanted by the said James Abbott McNeill Whistler or which may hereafter be tenanted during his absence abroad by the said Joanna Hiffernan or to any tenant or undertenants to quit And also for him the said James Abbott McNeill Whistler and on his behalf to lay out and invest any sum or sums of money which shall be received or come to the hands of the said Attorney by virtue of these presents or otherwise in the purchase of Stock in some or one of the public funds of Great Britain or in the purchase of guaranteed railway stock or debentures either in the name of the said Attorney or Attornies or of him the said James Abbott McNeill Whistler as shall be thought advisable and to receive the dividends interest and annual or other proceeds thereof from time to time and to alter vary and change such funds or securities for or unto others of the like nature or description as often as it shall become necessary or be thought expedient and from time to time to remit or pay unto and account with the said James Abbott McNeill Whistler for all such moneys or other effects as shall come to the hands of the said Attorney or Attornies by virtue hereof or otherwise to dispose of the same or any part thereof to such person or persons or in such manner as the said James Abbott McNeill Whistler shall by any letter or note or other writing under his hand in that behalf direct And also to sell any pictures now belonging to the said James Abbott [p. 3] McNeill Whistler And also any pictures which the said James Abbott McNeill Whistler may send to the said Joanna Hiffernan whilst the said James Abbott McNeill Whistler is abroad for the best prices she can obtain for the same and to give receipts for the said prices and generally to do execute and perform all and every such other acts deeds matters and things whatsoever in anywise necessary or expedient to be done in and about the concerns and business of the said James Abbott McNeill Whistler in England during his absence as fully and effectually to all intents and purposes whatsoever as he himself might or could do if he were present and did the same in his proper person he the said James Abbott McNeill Whistler hereby ratifying and confirming and agreeing to ratify and confirm all and whatsoever his said Attorney or Attornies that shall lawfully do or cause to be done in and about the premises by virtue of these presents and he doth declare that the said Joanna Hiffernan her executors and administrators shall not be answerable or accountable for any more of the estate properly or effects of him the said James Abbott McNeill Whistler than shall actually come to her or their hands nor for any loss of the same unless such loss shall happen by or through her or their wilful default or neglect and that she or they may deduct and retain all such costs charges and expences [sic] as she or they shall sustain expand or be put unto in or about the execution of the powers or authorities in her vested by virtue of these presents or any matter or thing in any wise relating thereto And also the rent taxes servants and all expences of clothing and living of the said Joanna Hiffernan during the time of the absence of the said James Abbott McNeill Whistler from England In witness whereof the said James Abbott McNeill Whistler hath hereunto set his hand and seal the thirty first day of January in the year of our Lord One thousand eight hundred and sixty six -
James Abbott McNeill Whistler [circular red paper seal:] R
Signed sealed and }
Delivered in the presence }
of J Anderson Rose Solicitor
11 Salisbury Street Strand
Lawson Jas McCreary
Clerk to Mr Rose
[embossed circular stamp:] [crown] / ONE / POUND / TEN / SHILLINGS
[date stamp:] LONDON / [crown] / 29-3-66 / 0
JW was about to leave for Valparaiso, Chile, where he would spend the next nine months as a bystander to the Chilean-Peruvian conflict with the Spanish government.
5. Abbott McNeill
Inserted above line.
Inserted above line.
7. now tenanted
JW was living at 7 Lindsey Row at the time.
These official stamps are in the left margin of p. 2.