66

ORDER IN COUNCIL DIVIDING THE PROVINCE OF QUEBEC INTO THE PROVINCES OF UPPER AND LOWER CANADA.1

AT THE COURT OF ST. JAMES'S, THE 24TH OF August, 1791.

Whereas there was this Day read at the Board, a Report2 from the Right Honorable the Lords of the Committee of Council dated the 19th of this Instant in the words following,: vizt.

"Your Majesty having been pleased by Your Order in Council bearing date the 17th of this Instant, to refer unto this Committee a Letter from the Right Honorable Henry Dundas, One of Your Majesty's Principal Secretaries of State, 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,3 to be called the Province of Upper Canada and the Province of Lower Canada, and stating that by Section 48 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 the day of its commencement within 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 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

1. From the Register of the Privy Council, 31 Geo. III.

2. See Privy Council Register, 31 Geo. III, p. 304.

3. This Message was presented to both Houses of Parliament, February 25, 1791. See Parliamentary History of England, Vol. XXVIII, p. 1271.

3 GEORGE V., A. 1913 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 adviseable 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 adviseable for Your Majesty, by Warrant under Your Royal 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 beforementioned Act within the said Two Provinces of Upper & 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 adviseable, Provided that such day shall not be later, than the 31st Day of December in the present year 1791."

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 Quebec1 be divided into Two 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 following Line of Division-vizt

"To commence at a Stone Boundary, on the North Bank of the Lake St. "Francis; At the Cove west of pointe au Bodet, 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 Ottawas River, to ascend the said River into the Lake Tomiscanning. "and from the head of the said Lake, by a line drawn due North until it strikes "the boundary line of Hudsons 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."3 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 to yield due obedience to His Majesty's Pleasure hereby signified.

1. For the boundaries of the Province of Quebec see page 51, note 4.

2. A note on the plan of part of the province of Lower Canada made by order of Lord Dorchester, 1794 and 1795, referring to this line of division, says: This Order of His Majesty must have been founded on an erroneous map of this part of the country, in which the abovementioned Westerly Angle of the Seigneurie of New Longueuil, and the Southwesterly Angle of the Seigneurie of Vaudreuil were represented as coincident with each other, whereas they are, in reality, many miles distant one from the other."

"The true intent and meaning of His Majesty's Royal Order appears to be this:-That the boundary, between the said provinces of Lower and Upper Canada shall commence at the abovementioned stone boundary above Pointe au Beaudette, and shall run along the line which divides the township of Lancaster from the Seigneurie of New Longueuil, then along a line to be drawn from the said westerly angle of the Seigneurie of New Longueuil to the southwesterly angle of the Seigneurie of Rigaud (which has been sometimes called the Seigneurie of Vaudreuil), thence along the northwesterly boundary of the said Seigneurie of Rigaud until it strikes the Ottawa river (to wit-along the lines AB, BC, and CD, on this map) and thence up the said river, &c."

For this plan see p. 72.

3. The general line of division between Upper and Lower Canada had been indicated by Lord Sydney in his despatch to Dorchester, Sept. 3, 1788. (Constitutional Documents, 1759-1791, Shortt and Doughty, 1907, p. 652 and Canadian Archives, Q. 36-2, p. 476). It had been expressed in the form here given by Lord Dorchester. (Constitutional Documents, p. 656).

SESSIONAL PAPER No. 18

Whereas there was this Day read at the Board, a Report from the Right Honorable the Lords of the Committee of Council, dated the 19th of this Instant, in the words following, vizt

"Your Majesty having been pleased by Your Order in Council &c. &c.

His Majesty this Day took the said Report into His Royal consideration, and approving of what is therein proposed, was pleased, by and with the Advice of His Privy Council to Order, that the Province of Quebec be divided into Two 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 Order.

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 Manuel 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 as They shall judge most adviseable 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 Four"teenth 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, One thousand seven hundred and ninety one.

COMMISSION TO LORD DORCHESTER AS GOVERNOR OF UPPER AND LOWER CANADA.3

Guy Lord Dorchester George the Third by the Grace of God of Great Britain Commission.

ffrance and Ireland King Defender of the ffaith and so forth To Our Right Trusty and Welbeloved Guy Lord Dorchester Knight of the most honorable Order of the Bath Greeting Whereas wee 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 Carlton) to be our Captain General and Governor in Chief in and over our Province of Quebec in America comprehending all our Territories Islands and Counties in North America then bounded as in our said recited Letters Patent was mentioned and expressed' Now Know ye that wee have revoked and determined and by these Presents

1. 1791. The Report of Aug. 19, given above is here repeated.

2. For the Warrant, see Canadian Archives, Q. 59 B, p. 199.

3. From the Patent Roll 31, Geo. III, Part 10, No. 4. Copy in the Canadian Archives, M. 229, p. 54.

4. For the commission to Lord Dorchester of 1786 with the definition of the boundary of the Province of Quebec, see the Canadian Archives, M. 229, p. 51. The boundary was originally defined in the Proclamation of 1763 but was subsequently modified by the Quebec Act and the Treaty of Paris of 1783. Since then, however, circumstances had arisen which made the definition of the boundaries of the new provinces a very delicate matter. Owing to the nonfulfillment of its treaty obligations by the United States, Britain still retained posts south of the boundary line and was not at this time prepared to commit herself regarding their disposal. (See Constitutional Documents, 1759-1791, Shortt & Doughty, 1907, pp. 667, note, and 690). By the Jay-Grenville Treaty of 1794, Britain agreed to withdraw from all the posts within the territory of the United States. By the Quebec Act the Labrador Coast, formerly annexed to Newfoundland, was included within the province of Quebec. An Imperial Act of 1809 (49 Geo. III, ch. 27) restored to Newfoundland the Labrador coast and the adjacent islands, except the Islands of Madeleine. A further Act of 1825 (6 Geo. IV, ch. 59) provided

3 GEORGE V., A. 1913

do revoke and Determine the said recited Letters Patent and every Clause Article or thing therein contained And Whereas wee have thought fit by our Order made in our Privy Council on the Nineteenth day of August One thousand seven hundred and ninety one1 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 the Lake Saint ffrancis at the Cove West of Point Au Baudet 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 Ottowas 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 Hudsons Bay the Province of Upper Canada to Comprehend all such Lands Territories 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 Lands (Islands?)2 lying to the Eastward of the said Line of Division as were part of our said province of Quebec And Whereas by an Act passed 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 Province3] further Provision is thereby made for the Good Government and Prosperity of our said Provinces of Upper Canada and Lower Canada ffurther Know ye that wee 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 herein before described And wee 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 wee 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 or 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 Discretions (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 Hope's of the Pretended Prince of Wales and his open and secret Abettors] as altered and explained by an Act Passed in the Sixth year of our that "so much of the said coast (Labrador) as lies to the eastward of a line to be drawn due north and south from the bay or harbour of Anse Sablon, inclusive, as far as the fifty-second degree of north latitude, with the islands of Anticosti and all other islands adjacent to such part as last aforesaid of the coast of Labrador, shall be and the same are hereby re-annexed to and made a part of the said province of Lower Canada." This has continued as the boundary between Labrador and Quebec.

1. See p. 3.

2. Throughout the Commission the words inserted in brackets are added in the margin of the copy in the Canadian Archives.

3. For a copy of the Constitutional Act of 1791, see Constitutional Documents, 1759-1791, Shortt and Doughty, 1907, p. 694.