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DOCUMENTS OF THE CANADIAN

CONSTITUTION

1759-1915

I

ARTICLES OF THE CAPITULATION OF QUEBEC, 17591 [Trans. Shortt and Doughty, Constitutional Documents, Canadian Archives, 1907.]

Demanded by Mr. de Ramsay, the King's Lieutenant, commanding the high and low Towns of Quebec, Chief of the military order of St. Lewis, to His Excellency the General of the troops of His Britannic Majesty."The capitulation demanded on the part of the enemy, and granted by their "Excellencies Admiral Saunders and General Townshend, etc., etc., is in "manner and form hereafter expressed."

I.

Mr. de Ramsay demands the honours of war for his garrison, and that it shall be sent back to the army in safety, and by the shortest route, with arms, baggage, six pieces of brass cannon, two mortars or howitzers, and twelve rounds for each of them :-"The garrison of the town, composed of "Land forces, marines and sailors, shall march out with their arms and bag“gage, drums beating, matches lighted, with two pieces of french cannon, "and twelve rounds for each piece; and shall be embarked as conveniently "as possible, to be sent to the first port in France."

II

That the inhabitants shall be preserved in the possession of their houses, goods, effects, and privileges:—“Granted, upon their laying down "their arms."

III

That the inhabitants shall not be accountable for having carried arms in the defence of the town, for as much as they were compelled to it, and that the inhabitants of the colonies, of both crowns, equally serve as militia. -"Granted."

IV

That the effects of the absent officers and citizens shall not be touched. -"Granted."

V

That the inhabitants shall not be removed, nor obliged to quit their houses, until their condition shall be settled by their Britannic, and most Christian, Majesties.-"Granted."

VI

That the exercise of the Catholic, Apostolic, and Roman religion shall be maintained; and that safeguards shall be granted to the houses of the clergy, and to the monasteries, particularly to his Lordship the Bishop of Quebec, who, animated with zeal for religion, and charity for the people

This and the following document represent the French terms of surrender to the British. The first part of each section in each document is the French stipulation; the part in inverted commas in each section of each document is the British comment. The documents as printed represent the actual contracts of surrender, after which "the rule of the soldiers" began in Canada and continued till the conclusion of the Seven Years' War, when the civil administration began.

of his diocese, desires to reside in it constantly, to exercise, freely and with that decency which his character and the sacred offices of the Roman religion require, his episcopal authority in the town of Quebec, whenever he shall think proper, until the possession of Canada shall be decided by a treaty between their most Christian and Britannic Majesties.-"The free exercise of the roman religion is granted, likewise safeguards to all "religious persons, as well as to the Bishop, who shall be at liberty to comé "and exercise, freely and with decency, the functions of his office, whenever "he shall think proper, until the possession of Canada shall have been de"cided between their Britannic and most Christian Majesties."

VII

That the artillery and warlike stores shall be faithfully given up, and that an inventory of them shall be made out.-"Granted."

VIII

That the sick and wounded, the commissaries, Chaplains, Physicians, Surgeons, Apothecaries, and other people employed in the service of the hospitals, shall be treated comformably to the cartel of the 6th of February, 1759, settled between their most Christian and Britannic Majesties."Granted."

IX

That before delivering up the gate and the entrance of the town to the English troops, their General will be pleased to send some soldiers to be posted as safeguards upon the churches, convents, and principal habitations. "Granted."

X

That the King's Lieutenant, commanding in Quebec, shall be permitted to send information to the Marquis de Vaudreuil, Governor-General, of the reduction of the place, as also that the General may send advice thereof to the french Ministry.-"Granted."

XI

That the present capitulation shall be executed according to its form and tenour, without being subject, to non-execution under pretence of reprisals, or for the non-execution of any preceding capitulations.— "Granted."

Duplicates hereof taken and executed by, and between us, at the camp before Quebec, this 18th day of September, 1759.

CHARLES SAUNDERS,
GEORGE TOWNSHEND,
DE RAMSAY.

II

ARTICLES OF THE CAPITULATION OF MONTREAL, 1760

[Trans.: Shortt and Doughty.]

Between their Excellencies Major-General Amherst, Commander-inChief of His Britannic Majesty's troops and forces in North America, on the one part, and the Marquis de Vaudreuil, etc., Governor and LieutenantGeneral for the King in Canada, on the other.

ARTICLE I

Twenty-four hours after the signing of the present capitulation, the British General shall cause the troops of His Britannic Majesty to take possession of the gates of the town of Montreal: and the British garrison shall not enter the place till after the French troops shall have evacuated it. "The whole garrison of Montreal must lay down their arms, and shall "not serve during the present war. Immediately after the signing of the "present capitulation, the King's troops shall take possession of the gates, and shall post the guards necessary to preserve good order in the town."

ARTICLE II

The troops and the militia, who are in garrison in the town of Montreal, shall go out by the gate of Quebec, with all the honours of war, six pieces of cannon and one mortar, which shall be put on board the vessel where the Marquis de Vaudreuil shall embark, with ten rounds for each piece; and the same shall be granted to the garrison of the Three Rivers, as to the honours of war.-"Referred to the next article."

ARTICLE III

The troops and militia, who are in garrison in the Fort of Jacques Cartier, and in the Island of St. Helen, and other forts, shall be treated in the same manner, and shall have the same honours; and these troops shall go to Montreal, or the Three Rivers or Quebec; to be there embarked for the first sea port in France, by the shortest way. The troops, who are in our posts, situated on our frontiers, on the side of Acadia, at Detroit, Michilimaquinac, and other posts, shall enjoy the same honours, and be treated in the same manner.-"All these troops are not to serve during the “present war, and shall likewise lay down their arms; the rest is granted."

ARTICLE IV

The militia, after evacuating the above towns, forts and posts, shall return to their habitations, without being molested on any pretence whatever, on account of their having carried arms.-"Granted."

ARTICLE V

The troops, who keep the field, shall raise their camp, drums beating, with their arms, baggage and artillery, to join the garrison of Montreal, and shall be treated in every respect the same.-"These troops, as well as "the others, must lay down their arms."

ARTICLE VI

The subjects of His Britannic Majesty, and of his most Christian Majesty, soldiers, militia or seamen, who shall have deserted or left the service of their Sovereign, and carried arms in North America, shall be, on both sides, pardoned for their crime; they shall be respectively returned to their country; if not, each shall remain where he is without being sought after or molested.-"Refused."

ARTICLE VII

The magazines, the artillery, firelocks, sabres, ammunition of war, and, in general, everything that belongs to his most Christian Majesty, as well as in the towns of Montreal and Three Rivers, as in the forts and post mentioned in the Third Article, shall be delivered up, according to exact inventories, to the commissaries who shall be appointed to receive the same in the name of His Britannic Majesty. Duplicates of the said inventories shall be given to the Marquis de Vaudreuil.-"This is everything that can "be asked on this article."

ARTICLE VIII

The officers, soldiers, militia, seamen, and even the Indians, detained on account of their wounds or sickness, as well as in the hospital, as in private houses, shall enjoy the privileges of the cartel, and he treated accordingly.-"The sick and wounded shall be treated the same as our own "people."

ARTICLE IX

The British General shall engage to send back, to their own homes, the Indians and Moraignans, who make part of his armies, immediately after the signing of the present capitulation, and, in the meantime, the better to prevent all disorders on the part of those who may not be gone away, the said General shall give safeguards to such persons as shall desire them, as well in the town as in the country.-"The first part refused." There never have been any cruelties committed by the Indians of our "army: and good order shall be preserved."

ARTICLE X

His Britannic Majesty's General shall be answerable for all disorders on the part of his troops, and shall oblige them to pay the damages they

may do, as well in the towns as in the country.-"Answered by the preced"ing article."

ARTICLE XI

The British General shall not oblige the Marquis de Vaudreuil to leave the town of Montreal before. ...and no person shall be quartered in his house till he is gone. The Chevalier de Levis, Commander of the land forces and colony troops, the Engineers, Officers of the Artillery, and Commissary of War, shall also remain at Montreal till the said day, and shall keep their lodgings. The same shall be observed with regard to M. Bigot, Intendant, the Commissaries of Marines and writers, whom the said M. Bigot shall have occasion for, and no person shall be lodged at the Intendant's house before he shall take his departure.-“The Marquis "de Vaudreuil, and all these gentlemen, shall be masters of their houses, "and shall embark, when the King's ship shall be ready to sail for Europe; "and all possible conveniences shall be granted them."

ARTICLE XII

The most convenient vessel that can be found shall be appointed to carry the Marquis de Vaudreuil, M. de Rigaud, the Governor of Montreal, and the suite of this General, by the straitest passage to the first sea port in France; and every necessary accommodation shall be made for them. This vessel shall be properly victualled at the expence of His Britannic Majesty and the Marquis de Vaudreuil shall take with him his papers, without their being examined, and his equipages, plate, baggage, and also those of his retinue.-"Granted, except the achives which shall be necessary "for the Government of the country."

ARTICLE XIII

If before, or after, the embarkation of the Marquis de Vaudreuil, news of peace should arrive, and, that by treaty, Canada should remain to his most Christian Majesty, the Marquis de Vaudreuil shall return to Quebec or Montreal; everything shall return to its former state under the Dominion of his most Christian Majesty, and the present capitulation shall become null and of no effect.-"Whatever the King may have done, on this "subject, shall be obeyed."

ARTICLE XIV

Two ships will be appointed to carry to France, le Chevalier de Levis, the principal officers, and the staff of the land forces, the engineers, officers of artillery, and their domestics. These vessels shall likewise be victualled and the necessary accommodation provided in them. The said officers shall take with them their papers, without being examined, and also, their equipages and baggage. Such of the said officers as shall be married shall have liberty to take with them their wives and children, who shall also be victualled.-"Granted, except that the Marquis de Vaudreuil and all the "officers, of whatever rank they may be, shall faithfully deliver to us all the "charts and plans of the country."

ARTICLE XV

A vessel shall also be appointed for the passage of Mr. Bigot, the Intendant, with his suite; in which vessel the proper accommodation shall be made for him, and the persons he shall take with him: he shall likewise embark with him his papers, which shall not be examined: his equipages, plate, baggage and those of his suite: this vessel shall be victualled as before mentioned.-"Granted, with the same reserve as in the preceding "article."

ARTICLE XVI

The British General shall also order the necessary and most convenient vessels to carry to France M. de Longueuil, Governor of Trois Rivieres. the staff of the colony, and the commissary of the Marine; they shall embark therein their families, servants, baggage and equipages, and they shall be propertly victualled, during the passage, at the expense of His Britannic Majesty.-"Granted."

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