p. 865 C
COMMISSION, PASSED UNDER THE GREAT SEAL OF GREAT
BRITAIN, APPOINTING LORD DORCHESTER
TO BE CAPTAIN GENERAL AND GOVERNOR IN CHIEF OF THE PROVINCES
OF UPPER AND LOWER CANADA.¹
Guy Lord Dorchester
George the Third by the Grace of God of Great Britain 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 Carleton) 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 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 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 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
¹ From the Patent Roll 31, Geo. III, Part 10, No. 4. Copy in the Canadian Archives, M. 229, p. 54.
Territories and Lands (Islands?)¹ lying to the Eastward of the said Line of Division as were part of our said province of Quebec² 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 Province] 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 hereinbefore 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 Reign Intituled An Act for altering the Oath of Abjuration and the Assurance and for amending so much of an 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 times 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 in 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 Rescuants (Recusants ?)] And likewise that you take the usual Oath for the due Execution of the Office and Trust of Our Captain
¹ Throughout the Commission the words inserted in brackets are added in the margin of the copy in the Canadian Archives.
² The italics are ours.
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 them (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 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 aforesaid 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 Governors if there be any within the said Provinces wherein you shall reside And Whereas wee 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 an Act of the British Parliament or by the Conquest and Cession of the Province of Canada and who may profess the Religion of the Church of Rome It is therefore our Will and Pleasure that in all Cases where such Persons shall or may be admitted into any such Office or Place the Oath Prescribed in and by An Act of Parliament passed in the fourteenth year of our Reign Intituled [An Act for making more effectual Provision for the Government of the Province of Quebec in North Americas and also the usual Oath for the due Execution of their Places and Trusts respectively shall be duly Administered to them and wee do further Give and Grant unto you the said Guy Lord Dorchester full Power and Authority from time to time hereafter by yourselves (or) by any other to be Authorized by you in that behalf to Administer and give the Oaths mentioned in the aforesaid Acts to all and every such Person and Persons as shall at any time or times pass into our said Provinces of Upper Canada and Lower Canada or shall be resident or binding (abiding?) there And we do hereby Authorize and empower you to Keep and Use the Public Seas (Seals?) of our Said Provinces of Upper Canada and Lower Canada for Sealing all things whatsoever that shall pass the Seal of our said Provinces respectively and in Case of your Absence from either of our said Provinces to deliver the same into the Charge and Custody of our Lieutenant Governor or Person Administering the Government there for the Purposes before mentioned until wee shall think fit to Authorize you by an Instrument under our Royal Sign Manual to commit the Custody thereof to such Person or Person (Persons?) as may be appointed by us for that purpose And Whereas by the said recited Act passed in the present year of Our Reign it is enacted that there shall be within
each of our said Provinces of Upper Canada and Lower Canada respectively a Legislative Council and an Assembly to be composed and Constituted in the manner in the said Act described and that in the said Provinces wee our Heirs and Successors shall have Power during the Continuance of the said Act by and with the advice and Consent of the Legislative Councils and Assemblies to make Laws for the Peace Welfare and good Government of the said Provinces respectively such Laws not being repugnant to the said Act and that all such Laws being passed by the said Legislative Councils and Assemblies and being assented to by us our Heirs and Successors or assented to in our name by such person as wee our Heirs and Successors shall from time to time appoint to be Governor or Lieutenant Governor of the said Provinces respectively or by such Person as wee our Heirs or Successors shall from time to time appoint to Administer the Government within the same are by the said Act declared to be by virtue of and under the Authority of the said Act valid and binding to all Intents and Purposes whatsoever within the said Provinces wee do hereby Give and Grant unto you the said Guy Lord Dorchester full Power and Authority to issue Writs of Sumons and Election and to call together to (the?) Legislative Councils and Assemblie of our said Provinces of Upper Canada and Lower Canada in such manner as is in the said Act Authorised and directed Subject to the Provisions and regulations therein contained in that behalf and to such Instructions and Authorities as shall herewith at any time hereafter be given unto you by us in that behalf under our Signet and Sign Manual or by our order in our Privy Council And further for the Purpose of Electing the Members of the Assemblies of our said Provinces of Upper Canada and Lower Canada Wee do hereby Give and Grant unto you the said Guy Lord Dorchester full Power and Authority to Issue a Proclamation dividing our said Provinces of Upper Canada and Lower Canada into Districts or Counties or Circles and Towns or Townships and appointing the Limits thereof and Declaring and appointing the Number by Representatives to be chosen by each of such Districts or Counties or Circles and Tows (Towns?) or Townships respectively within our said Provinces of Upper Canada and Lower Canada and from time to time to nominate and appoint proper Persons to execute the Office of returning Officer in each of the said Districts or Counties or Circles and Towns or Townships respectively Subjects to the Provisions Directions and Regulations of the said last mentioned Act in that behalf and to such Instructions and Authorities as shall be herewith or at any time hereafter given by us unto you in that behalf under our Signet and Sign Manual or by Our Order in Our Privy Council and Wee do hereby give and Grant unto you the said Guy Lord Dorchester full Power and Authority to fix the time and Place of holding the Elections for the said Districts or Counties or Circles and Towns or Townships within our said Provinces of Upper Canada and Lower Canada and the times and Places of holding the first and every other Session of the Legislative Councils and Assemblies of our said Provinces of Upper Canada and Lower Canada and to Prorogue the same from time to time and to dissolve the same by Proclamations or otherwise Subject nevertheless to the Regulations Provisions and Directions
of the said last mentioned Act and to such Instructions and Authorities as in respect of the Premises may be hereby or at any time hereafter given by us unto you under our Signet and Sign Manual or by our Order (in our?) Privy Council Wee do by these Presents Authorize and empower you from time to time with the advice of the Executive Councils appointed by us for the affairs of our said Provinces of Upper Canada and Lower Canada respectively from time to time to form Constitute and Erect Townships or Parishes within our said Provinces and also to Constitute and Erect within every Township or Parish which now is (or?) hereafter may be formed constituted or erected within our said Provinces one or more Parsonage or Rectory or Parsonages or Rectories according to the Establishment of the Church of England and from time to time by an Instrument under the Seal of our said Provinces respectively to endow every such Parsonage or Rectory with so much or such part of the Lands so allotted and appropriated as by the said last recited Act is in that behalf mentioned in respect of any Lands within such Township or Parish which shall have been granted subsequent to the Commencement of the same Act or of such Lands as may have been allotted and appropriated for the same Purpose by or in Virtue of any Instruction which may be given by us in respect of any Lands granted by us before the Commencement of the last mentioned Act as you with the advice of our said Executive Council of such Province shall judge to be expedient under the then existing Circumstances of such Township or Parish Subject nevertheless to such Instructions touching the Premises as shall or may be given you by us under our Signet and Sign Manual or by Our Order in Our Privy Council and Wee do also by these Presents authorize and impower you to present Subject to the Provisions in the above mentioned Act in that behalf to every such Parsonage or Rectory and to every Church Chapel or other Ecclesiastical Benefice according to the Establishment of the Church of England within either of our said Provinces an Incumbent or Minister of the Church of England who shall have been duly ordained according to the Rites of the said Church and to Supply from time to time such Vacancies as may happen of Incumbents or Ministers of the said Parsonages Rectories Churches Chapels or Benefices or any of them respectively and wee do hereby Give and Grant unto you the said Guy Lord Dorchester by yourself or by your Captains and Commanders by you to be Authorized full power and Authority to levy Arm Muster Command and employ all persons whatsoever residing within our said Provinces of Upper Canada and Lower Canada and as occasion shall serve to March from one Place to another or to Embark them for the resisting and withstanding of all Enemies Pirates and Rebels both at Land and at Sea and to transport such fforces to any of our Plantations in America if necessity shall require for the Defence of the same against the Invasion or Attempts of any of our Enemies and such Enemies Pirates and Rebels (if there shall be occasion) to pursue and Prosecute in or out of the limits of our said Provinces and Plantations or any of them and if it shall so please God to vanquish apprehend and take them and being taken according to Law to put to death or Keep and Preserve them alive at your Discretion and to execute Martial