Note 12 — THE SLAVE IN UPPER CANADA[A]

The division of the Province of Quebec into two provinces, i. e., Upper Canada and Lower Canada, was effected by the Royal Prerogative, Sec. 31 George III, c. 31, the celebrated Canada of Constitutional Act. The Message sent to Parliament expressing the Royal intention is to be found copied in the Ont. Arch. Reports for 1906, p. 158. After the passing of the Canada Act, an Order in Council was passed August 24, 1791 (Ont. Arch. Rep., 1906, pp. 158 et seq.), dividing the Province of Quebec into two provinces and under the provisions of sec. 48 of the act directing a royal warrant 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 he shall judge most advisable for the commencement of the effect of the legislation in the new provinces not later than December 31, 1791. Lord Dorchester (Sir Guy Carleton) was appointed, September 12, 1791, Captain General and Governor-in-Chief of both provinces and he received a Royal warrant empowering him to fix a day for the legislation becoming effective in the new provinces (Ont. Arch. Rep., 1906, p. 168). In the absence of Dorchester, General Alured Clarke, Lieutenant Governor of the Province of Quebec, issued November 18, 1791, a proclamation fixing Monday, December 26, 1791, as the day for the commencement of the said legislation (Ont. Arch. Rep., 1906, pp. 169-171). Accordingly technically and in law, the new province was formed by Order in Council, August 24, 1791, but there was no change in administration until December 26, 1791.