Imágenes de página
PDF
ePub

to the Lord President of the Council, transmitting a printed copy of an act passed in the last session of Parliament entitled "An act to repeal certain parts of an act passed in the fourteenth year of His Majesty's reign entitled an act for making more effectual provision for the government of the Province of Quebec, in North America, and to make further provision for the government of the said province, and also copy of a paper presented to Parliament previous to the passing of the said act describing the line proposed to be drawn for dividing the Province of Quebec into two separate Provinces agreeable to your Majesty's Royal intention signified by message to both Houses of Parliament to be called the Province of Upper Canada, and the Province of Lower Canada, and stating that by section forty-eight of the said act It is provided that by reason of the distance of the said Provinces from this country, and of the change to be made by the said act in the government thereof it may be necessary that there should be some interval of time between the notification of the said act to the said Provinces respectively, and that it should be lawful for your Majesty with the advice of your Privy Council to fix and declare or to authorize the Governor or Lieutenant-Governor of the Province of Quebec, or the person administering the government there to fix and declare the day of the commencement of the said act within the said Provinces respectively; Provided That such day shall not be later than the 31st of December, 1791. The Lords of the Committee in obedience to your Majesty's said order of reference this day took the said letter into their consideration together with the act of Parliament therein referred to and likewise copy of the said paper describing the line proposed to be drawn for separating the Province of Upper Canada and the Province of Lower Canada and their Lordships do thereupon agree humbly to report as their opinion to your Majesty that it may be advisable for your Majesty by your order in Council to divide the Province of Quebec into two distinct provinces by separating the Province of Upper Canada and the Province of Lower Canada according to the said line of division described in the said paper (copy of which is hereunto annexed). And the Lords of the Committee are further of opinion that it may be advisable for your Majesty by warrant under your sign manual to authorize the Governor or Lieutenant-Governor of the Province of Quebec or the person administering the government there to fix and declare such day for the commencement of the said before mentioned act within the said two Provinces of Upper and Lower Canada respectively, as the said Governor or Lieutenant-Governor of the Province of Quebec or the person administering the government there shall judge most advisable provided that such day shall not be later than the 31st day of December in the present year, 1791.

The proposed line of division. To commence at a stone boundary of the north bank of the Lake St. Francis at the Cove west of Pointe au Bodêt, in the limit between the township of Lancaster and the Seigneurie of New Longueuil, running along the said limit in the direction of north thirty-four degrees west to the westermost angle of the said Seigneurie of New Longueuil thence along the north-western boundary of the Seigneurie of Vaudreuil running north twenty-five degrees east until it strikes the Ottawa river to ascend the said river into the Lake Tomis Canning, and from the head of the said Lake by a line drawn due north until it strikes the boundary line of Hudson's Bay including all the territory to the westward and southward of the said line to the utmost extent of the country commonly called or known by the name of Canada.

His Majesty this day took the said report into his royal consideration and approving of what is therein proposed is pleased by and with the advice of his

Privy Council to order as it is hereby ordered that the Province of Upper Canada and the Province of Lower Canada be divided by separating the said two Provinces according to the following line of division, viz.: To commence at a stone boundary on the north bank of the Lake St. Francis at the Cove west of Pointe au Bodêt in the limit between the township of Lancaster and the Seigneurie of New Longueuil running along the said limit in the direction of north thirty-four degrees west to the westermost angle of the said Seigneurie of New Longueuil thence along the north-western boundary of the Seigneurie of Vaudreuil running north twentyfive degrees east until it strikes the Ottawa river to ascend the said river into Lake Tomis Canning, and from the head of the said Lake by a line drawn due north until it strikes the boundary line of Hudson's Bay including all the territory to the westward and southward of the said line to the utmost extent of the country commonly called or known by the name of Canada. Whereof the Governor, Lieutenant-Governor or Commander in Chief of the Province of Quebec and all other His Majesty's officers in the said Provinces and all whom it may concern are to take notice and yield due obedience to His Majesty's pleasure hereby signified. Whereas there was this day read at the Board report from the Right Honorable the Lords of the Committee of Council dated the 19th of this instant in the words following, viz.:

Memorandum. [Here the Committee report for dividing the Province of Quebec into two distinct Provinces to be called Upper Canada and Lower Canada and a paper proposing the line of division for separating the said Provinces was inserted at length as in the preceding order.]

His Majesty this day took the said report into his royal consideration and approving of what is proposed was pleased by and with the advice of his Privy Council to order that the Province of Quebec be divided into distinct Provinces to be called the Province of Upper Canada and the Province of Lower Canada by separating the said two Provinces according to the line of division inserted in the said orders.

And His Majesty is hereby further pleased to order that the Right Honorable Henry Dundas one of His Majesty's Principal Secretaries of State do prepare a warrant to be passed under His Majesty's Royal Sign Manual to authorize the Governor or Lieutenant-Governor of the Province of Quebec or the person adminstering the government there to fix and declare such day as they shall judge most advisable for the commencement within the Province of Upper Canada and the Province of Lower Canada respectively of the said act passed in the last session of Parliament entitled, "An Act to repeal certain parts of an act passed in the fourteenth year of His Majesty's reign, entitled 'An Act for making more effectual provision for the government of the Province of Quebec in North America, and to make further provision for the government of the said Province."" Provided that such day so to be fixed and declared for the commencement of the said act within the said two Provinces respectively shall not be later than the thirty-first day of December, 1791.

DOCUMENT 2

(25 Aug. 1791.)

ALURED CLARKE, Acting GovERNOR-IN-CHIEF.

A Proclamation by His Exellency Alured Clarke, Esquire, Lieutenant-Governor & Commander in Chief, Province of Quebec, &c., &c.

Whereas His Most Gracious Majesty has been pleased to grant leave of absence to His Excellency, the Right Honorable Guy Lord Dorchester, Capt.General & Governor in Chief of the Province, in Consequence of whose departure the Command of the said Province devolved upon me, And whereas it is necessary for the peace and good Government of the said Province, that all His Majesty's officers within the same should continue in their several offices & employments I have thought fit, by and with the advice of His Majesty's Council to issue this Proclamation hereby authorizing the said Officers to continue in their said offices & employments. Of which all persons Concerned are required to take notice & govern themselves accordingly.

Given under my hand at Quebec, this 25th day of August, in the 31st year of His Majesty's Reign 1791.

By His Excellency's Command, HUGH FINDLAY, Secy. Acting.

ALURED CLARKE.

DOCUMENT 3

SIMCOE'S COMMISSION.

(12 Sept. 1791.)

GEORGE THE THIRD by the Grace of God of Great Britain, France and Ireland, King, Defender of the Faith, etc.:

To our Trusty and Well beloved John Graves Simcoe, Esquire,-Greeting.

We, reposing especial trust and confidence in your loyalty, integrity and ability, do by these presents constitute and appoint you to be Our LieutenantGovernor of our Province of Upper Canada in America. To have, hold, exercise and enjoy the said place and office during our Pleasure, with all rights, privileges, profits, perquisites and advantages to the same belonging or appertaining, and further, in case of his death or during the absence of Our Captain General and Governor in Chief of Our said Province of Upper Canada, now and for the time being, we do hereby authorize and require you to exercise and perform all and singular the powers and directions contained in Our Commission to Our said Captain General and Governor in Chief according to such Instructions as he hath already received from Us, and such further Orders and Instructions as he or you shall hereafter receive from us, and we do hereby command all and singular Our Officers, Ministers and loving subjects in Our said Province, and all others. whom it may concern, to take due notice hereof and to give their ready obedience accordingly. Given at Our Court of St. James's, the Twelfth day of September, 1791, in the Thirty-first year of Our Reign.

By His Majesty's Command.

(Signed) HENRY DUNDAS.

DOCUMENT 4

DORCHESTER'S COMMISSION.

(12 Sept. 1791.)

(Fiat Recorded in the Office of Enrollment of Quebec, the 20th day of January, 1792, in the first Register of Commissions from His Majesty, folio 1. Hugh Findlay, Acting Registrar.)

GEORGE THE THIRD, by the Grace of God, of Great Britain, France and Ireland, King, Defender of the Faith and so forth:

To Our Right Trusty and Well-beloved Guy, Lord Dorchester, Knight of the Most Honourable Order of the Bath,-Greeting.

WHEREAS, We did by Our Letters Patent, under Our Great Seal of Great Britain, bearing date the Twenty-second day of April, in the Twenty-sixth year of Our Reign, constitute and appoint you, Guy Lord Dorchester, (then Sir Guy Carleton) to be our Captain General and Governor in Chief in and over Our Province of Quebec ín America, comprehending all Our Territories, Islands and countries in North America, then bounded as in Our said recited Letters Patent was mentioned or expressed. Now know ye, that we have revoked and determined, and by these presents Do revoke and determine the said recited Letters Patent and every clause, article or thing therein contained. And whereas We have thought fit by Our Order made in our Privy Council, on the Nineteenth day of August, One thousand seven hundred and Ninety-one, to divide Our said Province of Quebec, into two separate Provinces to be called the Province of Upper Canada and the Province of Lower Canada, by a line to commence at a stone Boundary on the North Bank of Lake Saint Francis, at the cove west of Pointe au Bodêt, in the limit between the Township of Lancaster and the Seigneurie of New Longueuil, running along the said limit in the direction of North thirtyfour degrees west to the Westermost angle of the said Seigneurie of New Longueuil, thence along the North Western Boundary of the Seigneurie of Vaudreuil, running North twenty-five degrees East, until it strikes the Ottawa River to ascend the said River into the Lake Tommiscanning, and from the head of the said Lake, by a line drawn due North until it strikes the Boundary Line of Hudson's Bay, the Province of Upper Canada to comprehend all such lands, Territorities and Islands lying to the westward of the said line of division as were part of Our said Province of Quebec, and the Province of Lower Canada, to comprehend all such Lands, Territories and Islands lying to the Eastward of the said line of division as were part of Our said Province of Quebec.

AND WHEREAS, by an Act in the present year of Our Reign, intituled an Act to repeal certain parts of an Act passed in the Fourteenth year of His Majesty's Reign intituled "An Act for making more effectual provision for the Government of Quebec in North America, and to make further provision for the Government of the said Province," further provision is thereby made for the Good Government and prosperity of Our said Provinces of Upper Canada and Lower Canada.

Further, Know Ye, that We, reposing especial Trust and confidence in the prudence, courage and Loyalty of you, the said Guy, Lord Dorchester of our especial Grace, certain Knowledge and mere motion have thought fit to constitute and appoint you the said Guy Lord Dorchester to be Our Captain General and

Governor in Chief of Our said Province of Upper Canada and of Our said Province of Lower Canada respectively, bounded as hereinbefore described. And we do hereby require and command you to do and execute all things in due manner, that shall belong to your said command and the trust We have reposed in you according to the several powers, provisions and directions granted or appointed you by virtue of this present commission and by virtue of the above recited Act, passed in the present year of Our Reign, and of such Instructions and Authorities herewith given unto you or which may from time to time. be given you in respect to the said Provinces or either of them under Our Signet or Sign Manual as by Our order in Our Privy Council, and according to such laws as shall hereafter be made and established within Our said Provinces of Upper Canada and Lower Canada, under and by virtue of such powers, provisions and directions as aforesaid. And Our Will and pleasure is that you, the said Guy Lord Dorchester as soon as may be after the publication of these Our Letters Patent do take the oaths appointed to be taken by an Act passed in the first year of the reign of King George the First, intituled "An Act for the further security of His Majesty's person and Government, and the Succession of the Crown in the Heirs of the Late Princess Sophia, being Protestants and for extinguishing the hopes of the pretended Prince of Wales and his open and secret Abettors," all altered and explained by an Act passed in the Sixth year of Our reign intituled, "An Act for altering the Oath of Abjuration and the assurance and for amending so much of Act of the Seventh year of her late Majesty Queen Anne intituled, "An Act for the improvement of the Union of the two Kingdoms as after the time therein limited requires the delivery of certain Lists and Copies therein mentioned to persons indicted of Treason or misprision of Treason," as also that you make and subscribe the Declaration mentioned is an Act of Parliament made in the Twenty-fifth year of the reign of King Charles the Second, intituled "An Act for preventing dangers which may happen from Popish Recusants," and likewise that you take the usual Oath for the due Execution of the Office and trust of our Captain General and Governor in Chief of Our said Province of Upper Canada and our said Province of Lower Canada, and for the due and impartial administration of Justice. And further, that you take the oath required to be taken by Governors of Plantations to do their utmost that the several Laws relating to Trade and the Plantations be observed, all which said Oaths and Declarations the Executive Councils of Our said Provinces of Upper Canada and Lower Canada respectively, or any three or more of the members of either of them have hereby full power and Authority and are required to tender and Administer unto you and in your absence to Our Lieutenant Governor if there be any upon the place, all of which being duly performed, You the said Guy Lord Dorchester, or in your absence Our Lieutenant Governors of the said Provinces or persons administering the Respective Governments therein shall administer unto each of the Members of such Executive Councils as aforesaid, the Oaths mentioned in the said first recited Act of Parliament altered as above, as also cause them to make and subscribe the aforementioned Declaration and administer to them the Oath for the due execution of their places and trusts, and you shall also administer the above mentioned Oaths and Declarations to Our Lieutenant Governor if there be any within the said provinces wherein you shall reside. And Whereas, We may find it convenient for Our Service, that, certain Offices or places within Our said Provinces of Upper Canada and Lower Canada, should be filled by Our Subjects who may have become such by being naturalized by Act of the British Parliament

« AnteriorContinuar »