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If we go back to the earlier legisla- tion, we get no more light. And in the Quebec Act, 1774, there is mention of an already existing Governor. The first document issued after the cession of Canada to Britain, the Proclamation of 1763, mentions the Governor as being already in esse, and as having had certain duties cast upon * Toronto, January, 1906. It is clear that the Governor does not receive his powers from Parliament, for Parliament does not create him nor attempt to define his powers and duties, but from the Crown, which does. It appears, then, that the Crown, immediately on the cession, appointed an official whom it called " Captain-General and Governor-in-Chief in and over Our Province of Quebec in America and of all our Territories depend- ent thereupon," and under him created a Lieutenant-Governor who was simply the deputy of the Governor-in-Chief, to assume the duties of the latter on his incapacity or in his absence. When the Province was divided, these same offices were continued, except that there were two Lieutenant-Governors appointed, one for each Province. The powers conferred on the respective officers will be what are to be found in the documents appointing them, and the appointing power in those days was under very few restraints, and those not statutory, as to what powers might be, conferred and what retained. The powers of the Governor-in-Chief and Lieutenant-Governor might vary greatly not only as between dif- ferent times and places, but as between different individuals, and these powers may be in process of extension at one time and place and in process of limitation at another. He proceeded almost immediately to reconstruct Simcoe. He publicly mortified the Lieutenant-Governor by compelling him to change the system of contracting for supplies; sent him against his wish and judgment with the Upper Canadian Militia to establish a fort, on the Maumee* River, in what is now the State of Ohio, but was then Indian Territory; overruled Simcoe's choice of a site near London as the Provincial capital ; threw upon him the ungracious task of refusing entrance to the Province to its first distinguished foreign visitor, the Duke de la Rochefoucauld-Li an- court; and so on.
In Sept., 1793, Lord Dorchester returned and resumed office. Because it was called Fort Miami some have supposed it was on that Miami River which is a tributary of the Ohio. The fort was situated on the Maumee River, not far from Lake Erie, into which the river flows. For instance, the very first thing of which the student would wish to assure himself would be the extent of the autonomy conceded by the Act which set apart Upper from Lower Canada. Whereupon Parliament enacts that in each of the new Provinces to be created by the King there shall be a Legislative Council and an Assembly ; and that the laws to be passed by these bodies and assented to in the name of His Majesty by such person as shall be appointed Governor or Lieutenant-Governor, shall be good laws. Francis Cleary - 31 ^ The Pennsylvania Germans of Waterloo County, Ontario. At the very outset of his task he is confronted with difficulties which his guides, the historians, have found it impossible to solve, and therefore have simply dodged or ignored. 31, 1791, the " Act making further provision for the Government of the Province of Quebec." This is generally cited as the Act dividing the Province of Quebec into two Provinces. It recites that not Parliament, but His Majesty (acting, of course, under advice) has teen pleased to signify his Royal Intention to divide the Province of Quebec into two Provinces to be called Upper and Lower Canada.