Subscribers enjoy higher page view limit, downloads, and exclusive features.
‘London Gazette Extraordinary, Warreuarn, O&ober 6. ARTICLES of Capitulation between His Excellency General AMHERS'T, Comman- der in Chicf of His Britannick MAJESTY s Troops and Forces inNorth America,and HisExcellency theMarguis de Vaudreuil, Grand Croix of the Royal and Military Order of St. Lewis, Governor, and Licutenant Genzral for the King in Canada. Art.’I. Twenty four hours after the figning of the prefent capitalation, the Englifh General fhall caale the troops of His Britannic Majefly to take pofl: flion of the gate, of the town of Montreal ; and the Englith %nrrifon fhall not coe into the plece, till after the rench troops have evacnated it. The whole Garrifon of Montreal muft lay dowen their arms, and fball not ferwe during the prefent war. Im mediately after figning the prejent capitulation, the King's troops fhall take poffeffin of the gates, and /ball poft the guards neceffary to preferve good order in the tewn. Arrt.II. The troops, and the militia, who are in garrifon in the town of Montreal, fhall go cut by the gate of with all the honors of war, fix pieces of cannon, and one mortar, which fhall be put on board the veflel where theMarquis de Vaudreail fhail embark, with ten rounds for each piece. The fame fhall be granted to the garrifon of 7rois Riwieres, esto the ho- nours of war. Avrt, III. Thetroops and militia who are in garri- fon in the fort of Facques Cartier, and in the ifland Sz. Hel:n, and other forts, fhall be treated in the fame man- ner, and fhall have the fame honours ; and thefe troops fhall go to Montreal or Trois Rivieres, or Quebec, to be there embarked for the ficft feaport in France by the fhorteft way. The troops who are in our pofts fituated on our frontiers, on the fide of Acadia, at De- troit, Michilimakinac, and other pofts, fhall enjoy the fame honours, and be treated in the fame manner. Allthefe traops are not to Jerwe during the prefent war, and fhall likewife lay down thiir arms. The reft is grented, Art.1V. The Militia, after being come out of the above towns, forts, and pofts, fhall return to their homes, witgut being molefted, on any pretence whatever on account of their having carried arms. Granted. Art. V. The troops who keep the field fhall raife their camp, and march, drums beating, with their arms, baggage and artillery, to join the garrifon of Montreal, and Mall be treated in every refpe@ the fame. Thye #roops, as well as the others, muft lay down their arms. Art, VI, apd of his moft Chriftian M feam:zn, who fhall have their Sovereign, asd ¢ fhall be, on hot fhail each fhali after, or moie Arr, VII. Themag fabres, ammunition vl was that belongs to his mafk Clhiriitic v, as weil in the towns of Montreal, asd Trois Rivieres, as in the forts and pofts mentioned in ¢he third articie, thall be delivered up according to exatt inventories, to the commiflaries, wha fhall be appointed to receive the fame in the name of his Britannick Majeity.—Dupli- cates of the faid inventories fhall be given (0 the Mar- quis de Vaudreuil. This is every thing that can be afked on this article. Arr. VIII. The officers, foldiers, militia, feamen, snd even the Indiane, detained on -account of their wounds or ficknefz, as wellin the hofpital as in private houfes, thall enjoy the privileges of the cartel, and be treated accordingly. The fick and wounded fbabl be treated the fame as our own people. Art. 1X. The Englith General fhall engage to fend back to their own homes the Indians and Morai- gans, who make part of his armies, immediately afier figning of the prefent capitulation. And in the mean time, in order to prevent all diforders on the part of thofe who may not be gone away, the faid General fhall give fafe guards ta fuch perfons as fhall defire them, as well in the town as in the country. The firft part refuled. There never bas been any crueltics committed by the Indians of cur Army ; aznd good order #all be prelerwed, Art X. His Britaonick Majefty’s Geaeral fhall be anfwerable for all diforders on the part of his troaps, and fhall oblige them to pay the damages they may do, as well In the towns as in the country. Anjwered by the preceeding Article. Art. XI. The Englilh General fhall not cblige the Marquis de Vaudreuil, to leave the town of Mont- real before the and no perfon fhall be lodged in his houfe till he is gone. The Chevalier Levis, commander of the land forces ; the principal officers and majors of the land forces, and of the colony troops, the engineers, officers of the artillery, and ¢ m miflary of war,fhall all remain in Montreal to the faid day, and fhall keep their lodgings therc. The fame fhall be obferved with regard to M Bigot, Intendant, e commiflaries of Marines, and writers whom the {aid M Bigot fhall have accafion for 5 and no perfon fhail The fubje&ts of his Britannick Majefty, jefty, foldiers, militia, or ¢d, or left the fervice of i arms in North America, ar their crime ; they couatry ; if not, vt being fought I¢IT ¢ nriillery, firelocks, general avery thing - thole of his Suite. be lodged at the Intondant's houfe before be Mali be cae. The Marguis de Vandreuil, and all thefe gentlemen, “fpall be mafiers of their bonjes, and foall embark achin the King':fl;ip,«//)ul/ be ready ta fail for Europe ; and all pal- Jfible conveniencies granted thivs. Art. X1I. I'he muft convenient veffel that can be faund fhall-be appointed to carry the Marquisde Vau dreuil, by the firaiteft paflage to the firlt fea portin France. The neceflary accommodations fhall be made for him. Thke Marquisde Vaudreuil, M de Rigand governor of Montreal, and Suitz of this Generai. — ‘This veflel thall be properly vi€tualled at the.experice of his Britannick Majefty ; and the Marquis de Vaa: dreuil (hall take with him his papers, without their be- ing examined ; and his equipages, plate, baggage, and alfo thofe of his Suite. ragar it Granted, except the archicves, which fhall be nece|- tary for the Government of the country. Arrt. XIII, 1f before, or 2fter, the Embarkation of the Marquis de Vaudreuil, news of peace fhould ar- rive, and that, by the treaty, Csrada fhould remain to hie moft Chriftian Majefty, the Marquis de Vandreuil fhall return to Quebec or Montreal, every thing fhall return to its former Rate under the dominion of his moft Chriftian ‘Mezjefty, and the prefent capituldtion fhall become null and of no effet. Whatewer the King may have done on 1his fubjedt, fhoatl be obeyea. . Art. XIV. Two fhips fhall be appainted to carry to France le Chevalier de Levis, the principal officers and the Raffof the land forces, the engineers, officers of artillery, and their Suite. Thefe veffels fhall hke- wife be vi€lalled, and the neceflary accommodations provided in them. The faid officers fhall take with them their papers, without being examined, and alfo their equipages and baggage. Such of the faid officers as fhall be married, fhall have liberty to take with them their wives and children, who fhall alfo be vittualled. Granted 5 except that the Marquis de V. audreuil, and all the officers of whatewer rank they may be fball faitbfully deliver upto us all the charts and plans of the country. ArT. XV. A veflel alfo fhall be appointed for the paflage of M Bigot the intendant with his Suite : in which veflel the proper acommodations fhall be made for him, and the perfons he fhall take with him : he fhall likewife embark with him his papers, which fhall not be examined, his equipages, plate and baggage, and This veffel fhall alfo be viGtualled as before mentioned. Granted 3 with the fame referve, as in the preceeding Ariicle. Art. XVI. The Englith General hall alfo order the peceffary and moft convenient veflels to carry to France M de Loagueui!, Governor of Trois Rivieres, the ftaff of the colony, and the commiflary of marine ; they thall embark theiein, their family, fervants, bag- gage, and equipages ; and they fhall be properly vic- tualled during the paffage, at the expence of his Britan- nick Majefty. Granted. ; Art. XVII. The cflicers and foldiers, as well of the land forces, as of the colony, and alfo the marine officers and feamen, who are in the colony, fhall be likewife embiarked for France, and fufficient and con- venient veflels fhall be appointed for them. The land and {ea officers who fhall be married, fhall take with them their families, and all of them fhall have liberty to embark their fervants and baggage. As to the foldiers and feamen, thofe who are married, fhall take with them their wives and children, and all of them fha® embark their havre {acks and baggage. Thefe veffels fhall be praperly and fufficiently victualled at the ex- pence of his Britannick Majefty. Grantfed. ArT. XVIII. The officers, foldiers, and all the followers of the troops, who fhall have their baggage in the fields, may fend for it before they depart, with: out any hindrance or moleftation. Granted. 3 ArT. XIX. Anhofpital fhip fhall be provided by the Englifh General, for fuch of the wounded and fick officers, foldiers and feamen, as fhall be in a coadition to be carried to France, and fhall likewife be viCtualled at the expence of his Britannick Majefty. It fhall be the fame with regard to the other fick and wounded officers, foldiers and failors, as foon 2s they fhall be recovered. They fhall be at liberty to carry with them their wives, children,(ervants and bag- gage ; and the faid foldiers and fuilors fhall not be folicited nor forced to enter into the fervice of his Britin- nick Majzlty. Granted. Arr. XX. A Commiflary, and one of the King's writers fhall be left to take care of hofpitals, and of whatever may relate to the fervice of his moft Chriftian Mazjefty. Granted. Art. XXI. The Englith General fhall al{o provide fhips for carrying to France the officers of the Supreme council, of juftice, palice, admiralty, and all other officers having commiffions or brevets from his moit Chriftian Majefty, for them, their families, fervants, and equipages, as well as for the other officers : And they fhall likewife be viéualled at the expence of his Britannick Majefty. They fhall however be at liberty to flay in the colony, if they think proper,to {etile their affairs, or to withdraw to France, whenever they think fit. Granted : But if they batwe papers relating to the go- wernmint of the country, they are to be delivered to us. Art. XXII If there are any military officers, whofle affairs fhou'd rcquire their prefence in the co- lony till next year, they fhall have liberty to ftay in it, ¥ B N T R o P after having obtaired the permiflion of the Marqu’ Vaudreui! for that purpefe, and withoat beiog repoted prifoners of war. Al thafe avhafe private affairs /ball riquire their flay in the country, and wh: fhall have the Ma:guisd: Vip. drewil’s Lows for [o doing, /Ball be allowed 1o rimain tild thiir affaide are fettled. Art. XXII[. The commflary -for the King’s pro. vifion, fhall be at liberty to ftay in Cunada till next ycar, in order to be enabled to anfwer the debts he hascon- tralted in the colopy, on account of what he bhas fatnithed ; batif hethould prefer to go to France this year, he fha!l be obliged o leave till nex: year-a peslon to tranfdct his bufine(s. This private perfon fhail pre- ferve, and have liberty to carry off all his papers, with- out being infpefted. His cleiks thall have leave to ftay in the colony, orgoto France, and in this laft cafe, a paflage and fubfiftence fhall be allowed them on board the (hips of his Britannick Majefty, for them, their families, and their baggage. Grantid, » Azr. XXIV. The provifions, and other kind of flores which fhall be found in the magazines of the commiffary, as well as in the towns of Montreal, and of Trois Rivieres, as in the country, fhall be preferved to him, the faid provifions belonging to him, and not to the King, and he fhall be atjiberty to {ell them to the French-or Englith. Ewery thing that is alually in the magazines, deltined Jor the ufe of the troops,is to be delivered to the Englifh Commiflary for the King’s forces. ArT. XXV. A paffage to France fhall likewife be granted on board of his Britannick Majefty’s thips, as awell as Wifuals, to fuch officers of the India Company as /ball be willing to go thither, and they fbal/ take with them ‘their families, fervants and baggage. The chief agent of the faid company, in cafe he/ou/d chufe to go to France, fbail be allowed to leave fuch perfon as he /3all think proper i/l next year, to fettle the affaivs of the faid company, and to recover fuch fums as are due to them. The faid chief agent /all keep pof- feflion of the papers belonging to the faid company, and tball not be /iable to infpetlion. Granted. ArT. XXVI. The faid Cempany fhall be maintain- ed in the property of the Lwerlatinzs and Calioris; which they may have in the town of Montreal ; they fhall not be touched utnder any pretence whatever, and the neceflary facilities fhall be given to the chief agent, to fend; this year, his Caflors to France, on board his Britannick Majefty’s fhips, paying the freight on the fame footing as the Englih would pay it. Granted, with vigard to what may be granted 1o the company, or to private perfous ; but if bis moff Chriflian Majefly bas any fbare in it, that mufl become the property of the King. : o Art. XXVII. The free exercife of the Catholick, Apoflolick and Roman religion, fhall fubfift intire ; in fuch magpner that all the States and the people of the towns and cauntrigs, places and diftant pofts, (ha!l con- tinue to affemble in the churches, and to frequent the facraments as heretofore, without being molelled in any manner direétly or indiretly. : Thefe people fhall be obliged, by the Englifh go- vernment, to pay to the priefts, the tities and all the taxes they were ufed to pay, under the government of his moft Chriftian Majefty. Granted, as to the free exercife of their religion. The obligation of paying the tythes to the priefls, wwill depend on the King’s pleafure. Art. XXVIIL. The chapter, priefts, curates and miffionaries, /all continue with an entire, liberty, their exercife and funétions of their cures, in the parifhes of the towns and countries. Granted. ‘ Art. XXIX. The grand Vicars, named by the Chapter to adminifter te the diocefe during the vacascy of the epifcopal fee, fhall have liberty to dwell in the towns or country parithes as they fhall think proper. They fhall at all times be free to vifit the different parithes of the diocele with the ordinary ceremonies, and exercife all the jurifdition they exercifed under the French dominion. They fhall edjoy the fame rights in cafe of death of the future Bifhop, of which mention will be made in the following article. Granted : except what regards the following article. Art. XXX. It by the treaty of peace Canada fhould remain in the power of his Britannick Majefty, his moft Chriftian Majefty fhall continue to name the Bifhop of the colony, who fhall always be of the Ro- man communion, and under whofe authority the peo- ple fhall exercife the Roman religion. Refwied. Art. XXXI. The Bifhop, fhall, in cafe of recd, eftablifh new parifhes, and provide for the rebuilding of his cathedral and his epifcopal palace ; and, in the mrean time, he fhall have liberty to dwell in the towns or parifhes, as he fhall judge proper. He fhall be at liberty to vifit his diocele with the ordinary ceremonics and exercife all the jurifdition which his predeceifor~ exercifed under the French dominion, fave that an oath of fidelity, or a promife to do nothing contrary to his Britannick Majefty’s fervice may be required of him. This Article is eompriled under the foregoing. } Art. XXXII, - The communities of Nans fhall be preferved in their conftitutions and privileges. They (hall continue to obferve their rules. They fhall be exempted from lodging any military, and it fhall be forbid to trouble them in their religious exercifes, or to enter their monafteries. Safe guards fhall even be given theen if they defire them. Grant<d. Anr XXXIH. The preceeding article fhall like- wife be exceuted with regard to the communities of