The
Constitutional Act 1791 divided Canada into the Provinces of
Upper Canada (Ontario) and
Lower Canada (Quebec). The Act established separate governments and
legislative assemblies for each province. Lower Canada was the French-speaking eastern portion, which retained the French
civil law and protections for the
Roman Catholic Church established when Britain took over the area after its defeat of the French in the
Seven Years' War. Upper Canada was the western area, newly settled after the
American Revolutionary War. The settlers were mostly English speakers, including Loyalists from the
Thirteen Colonies, and also the Six Nations of the
Iroquois, who had been British allies during the war. The Crown had purchased land from the
Mississauga and other
First Nations to give the Loyalists land grants in partial compensation for property lost in the United States, and to help them set up new communities and develop this territory. Simcoe was appointed Lieutenant-Governor on 12 September 1791, and left for Canada with his wife Elizabeth and daughter Sophia, leaving three daughters behind in England with their aunt. They left England in September and arrived in Canada on 11 November. Due to severe weather, the Simcoes spent the winter in
Quebec City. Simcoe finally reached
Kingston, Upper Canada on 24 June 1792. Under the Constitutional Act, the provincial government consisted of the Lieutenant-Governor, an appointed Executive Council and Legislative Council, and an
elected Legislative Assembly. The first meeting of the nine-member Legislative Council and sixteen-member Legislative Assembly took place at Newark (now
Niagara-on-the-Lake) on 17 September 1792. Following Simcoe's work, precipitated by the
Chloe Cooley incident, the Assembly passed the
Act Against Slavery in 1793, the first legislation to limit slavery in the British Empire; the English colonists of Upper Canada took pride in this distinction with respect to the French-Canadian populace of Lower Canada. The Upper Canadians valued their
common law legal system, as opposed to the civil law of Quebec, which had chafed them ever since 1763. This was one of the primary reasons for the partition of 1791. Simcoe collaborated extensively with his Attorney-General
John White on the file. However, this Act did not free anybody directly, and slaves continued to be held across Upper Canada. The Crown abolished slavery throughout the
British Empire, including Upper Canada, in 1834. Simcoe's priority was the
Northwest Indian War between the United States and the "
Western Confederacy" of Native Americans west of the
Appalachian Mountains and south of the
Great Lakes (the
Shawnee,
Miami,
Wyandot, and other tribes). This conflict had begun in 1785 and was still raging when Simcoe arrived in 1792. Simcoe had hoped to form an
Indian barrier state between the two countries, even though he distrusted
Joseph Brant, the main Indian leader. Simcoe rejected the section of the
Treaty of Paris (1783) which awarded that area to the US, because American actions had nullified the treaty. However, the
French Revolutionary Wars broke out in 1793. The government in London decided to seek good terms with the United States. Simcoe was instructed to avoid giving the US reason to mistrust Britain, but, at the same time, to keep the Natives on both sides of the border friendly to Britain. The Indians asked for British military support, which was initially refused, but in 1794 Britain supplied the Indians with rifles and ammunition. While Dorchester planned for a defensive war, Simcoe urged London to declare war: "Upper Canada is not to be defended by remaining within the boundary line." Dorchester was officially reprimanded by the Crown for his strong speech against the Americans in 1794. Simcoe realised that Newark made an unsuitable capital because it was on the Canada–US border and subject to attack. He proposed moving the capital to a more defensible position, in the middle of Upper Canada's southwestern peninsula between
Lake Erie and
Lake Huron. He named the new location
London, and renamed the river there the
Thames in anticipation of the change. Dorchester rejected this proposal, but accepted Simcoe's second choice, the present site of
Toronto. Simcoe moved the capital there in 1793 and renamed the settlement
York after
Frederick, Duke of York, King
George III's second son. The town was severely underdeveloped at the time of its founding, so he brought with him politicians, builders, Nova Scotia timbermen, and Englishmen skilled in whipsawing and cutting joists and rafters. Simcoe began construction of two roads through Upper Canada, for defence and to encourage settlement and trade.
Yonge Street (named after British Minister of War Sir
George Yonge) ran north–south from York to
Lake Simcoe. Soldiers of the
Queen's Rangers began cutting the road in August 1793, reaching
Holland Landing in 1796.
Dundas Street (named for Colonial Secretary
Henry Dundas) ran east–west, between York and London. The Northwest Indian War ended after the United States defeated the Indians at the
Battle of Fallen Timbers. They made peace under the
Treaty of Greenville. While still at war with France, Britain could not afford to antagonise the US in the
Jay Treaty of 1794, and agreed to withdraw north of the Great Lakes, as agreed in the
Treaty of Paris. Simcoe evacuated the frontier forts. ==Later career==