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your excellency, and I perfuade myfelf that you will allow him to make, by word of mouth, a reprefentation to your excellency, which I cannot difpenfe with myself from making. I have the honour to be, &c." VAUDREUIL. General Amberft's anfier to Monfieur Vaudreuil's fecond I tter. Camp before Montreal, Sept. 7, SIR, 1760. Major Abercrombie has this moment delivered to me the letter with which your excellency has honoured me, in anfwer to that which I had addreffed toyou, with the conditions on which I expect that Canada thall furrender: I have already had the honour to inform your excellency, that I fhould not make any alteration in them: I cannot deviate from this refolution: your excellency will, therefore, be pleafed to take a determination immediately, and acquaint me in your anfwer, whether you will accept of them or not. I have the honor to be, &c. JEFF. AMHERST."

Letter from Monfieur Levis to General Amberft.

SIR,

Montreal, Sept. 7, 1760. "I fend to your excellency M. de Lapaufe, affiftant quarter-mafter general to the army, on the fubject of the too rigorous article, which you impofe on the troops by the capitulation, and to which it would not be poffible for us to fubfcribe; be pleafed to confider the feverity of that article.

I flatter myself that you will be pleafed to give ear to the reprefentations that officer will make to you on my part, and have regard to them. I have the honour to be, &c. (Signed) Le Chevalier de LEVIS." General Amberfi's answer to Monfieur Levis' letter.

Camp before Montreal, Sep.7,1760.

SIR,

"The letter which you have fent me by M. de Lapaufe, has this inftant been delivered to me: all I have to say in answer to it is, that I cannot alter in the leaft the conditions which I have offered to the Marquis de Vaudreuil and I expect his definitive answer, by the bearer on his return: on every other occafion I fhall be glad to convince you of the confiderations with which I am, &c.

(Signed) JEFF. AMHERST," Third letter from Monfieur Vaudreuil to General Amberft.

SIR, Montreal, Sept. 8, 1760. "I have determined to accept the conditions which your excellency proposes. In confequence, whereof, I defire you will come to a determination with regard to the measures to be taken relative to the figning of the faid articles. I have the honour to be, &c.

(Signed) VAUDREUIL." General Amberft's answer to Monfieur Vaudreuil's third letter. Camp before Montreal, Sept. 8, SIR

1760.

"In order to fulfil fo much the fooner, on my part, the execution of the conditions which your excellency has juft determined to accept, I would propofe that you thould fign the articles which I fent yetterday to your excellency, and that you would fend them back to me by major Abercrombie, that a duplicate may be made of them immediately, which I fhall figu and fend to your excellency.

I repeat here the affurances of the defire I have to procure to your excellency, and to the officers and troops under your command, all poflible conveniencies and protec• tion for which purpofe I reckon, that you will judge it proper, that I

:

caufe

caufe poffeffion to be taken of the gates, and place guards immediately after the reciprocal fignature of the capitulation however, I fhall leave this to your own convenience, fince I propofe it only with a view of maintaining good order, and to prevent, with the greater certainty, any thing being attempted against the good faith, and the terms of capitulation, in order to which I thall give the command of these troops to colonel Haldimand, who I am perfuaded will be agreeable to you. I have the honour to be, &c.

JEFF. AMHERST." Another letter from General Amberst to Monfieur Vaudreuil.

Camp before Montreal, Sep.8,1760. SIR,

"I have juft fent to your excellency, by major Abercrombie, a duplicate of the capitulation, which you have figned this morning; and in conformity thereto, and to the detters which have paffed between us, I likewife fend colonel Haldimand to take poffeffion of one of the gates of the town, in order to enforce the obfervation of good order, and prevent differences on both fides.

I flatter myself that you will have room to be fully fatisfied with my choice of the faid colonel, on this occafion. I have the honour, &c.

JEFF. AMHERST." Articles of the capitulation between his Excellency General Amberft, Commander in chief of his Britan nie majifty's troops and forces in North America, and his Excellency the Marquis de Vaudreuil, Grand Croix of the royal and military or der of St. Lewis, governor, and lieutenant general for the king in

Canada.

Article I. Twenty-four hours after the figning of the prefent ca

pitulation, the English general fhall caufe the troops of his Britannic majefty to take poffeffion of the gates of the town of Montreal: and the English garrifon, shall not come into the place, till after the French troops have evacuated it.

"The whole garrison of Montreal muft lay down their arms, and fhall not ferve during the present war. Immediately after the figning of the prefent capitulation, the king's troops thall take poffeflion of the gates, and shall poft the guards neceflary to preferve good order in the town."

Article II. The troops, and the militia, who are in garrifon in the town of Montreal fhall go out of the gate of with all the honours of war; fix pieces of cannon and one mortar, which fhall be put on board the veffel, where the marquis de Vaudreuil fhall embark with ten rounds for each piece. The fame thall be granted to the garrifon of Trois Rivieres, as to the honours of war.

Article III. The troops and militia, who are in garrifon in the fort of Jacques Cartier, and in the island of St. Helen, and other forts, shall be treated in the fame manner, and fhall have the fame honours; and thefe troops fhall go to Montreal or Trois Rivieres, or Quebec, to he there embarked for the first fea-port in France, by the shortest way. The troops who are in our pofts, fituated on the frontiers, on the fide of Acadia, at Detroit Michilimachinac, and other pofts, fhall enjoy the fame honours, and be treated in the fame manner.

"All these troops are not to ferve during the prefent war, and fhall likewife lay down their arms. The reft is granted."

Article IV. The militia, after

be

being come out of the above towns, forts, and pofts, fhall return to their homes, without being molefted, on any pretence whatever, on account of their having carried arms. "Granted."

Article V. The troops, who keep the field, fhall raise their camp, and march, drums beating, with their arms, baggage, and artillery, to join the garrifon at Montreal, and fhall be treated in every refpect the fame.

Thefe troops, as well as the others, muft lay down their arms." Article VI. The fubjects of his Britannic majefty, and of his moft Chriftian majefty, foldiers, militia, or feamen, who thall have deferted, or left the fervice of their fovereign, and carried arms in North America, fhall be, on both fides, pardoned for their crimes; thy fhall be, refpectively,returned to their country; if not, each fhall remain where he is, without being fought after, or molested.

"Refufed."

Article VII. The magazines, the artillery, firelocks, fabres, ammunition of war, and in general, every thing that belongs to his moit Chriftian majefty, as well in the towns of Montreal, and Trois Rivieres, as in the forts, and pofts mentioned in the third article, fhall be delivered up, according to exact inventories, to the commiffaries, who shall be appointed to receive the fame in the name of his Britannic majefty. Duplicates of the faid inventories fhall be given to the marquis de Vaudreuil.

"This is every thing that can be afked on this article.”

Article VIII. The officers, fol diers, militia, feamen, and even the Indians, detained on account of their wounds or fickness, as well in

the hofpital as in private houses, fhall enjoy the privilege of the cartel, and be treated accordingly.

"The fick and the wounded fhall be treated the fame as our own people."

Article IX. The English general fhall engage to fend back to their own homes the Indians and Moraigans, who make part of his armies, immediately after the figning of the prefent capitulation. And in the mean time, in order to prevent all diforders on the part of those who may not be gone away, the faid general fhall give fafeguards to fuch perfons who fhall defire them, as well in the town as in the country.

"The firft part refufed. There never has been any cruelties committed by the Indians of our army: and good order fhall be preserved.”

Article X. His Britannic majefty's general fhall be anfwerable for all diforders on the part of his troops, and oblige them to pay the damages they may do, as well in the towns as in the country.

"Anfwered by the preceding article."

Article XI. The English general fhall not oblige the marquis of Vaudreuil, to leave the town of Montreal before the

and no perfon fhall be lodged in his houfe till he is gone. The che valier Levis, commander of the land forces, and of the colony troops, the engineers, officers of the artillery, and commiffary of war, fhall alfo remain at Montreal to the faid day, and thall keep their lodgings there. The fame fhall be obferved with regard to M. Bigot, intendant, the commiffaries of the marines, and writers, whom the faid M. Bigot shall have occafion for; and no perfon fhall be lodged at the

gone.

The marquis de Vaudreuil, and all thefe gentlemen, fhall be mafters of their houtes, and thall embark when the king's fhips fhall be ready to fail for Europe; and all poffible conveniencies thall be granted them."

Article XII. The moft convenient vefel that can be found, fhall be appointed to carry the marquis de Vaudreuil, by the ftraiteft paffage, to the firft fea port in France. The neceffary accommodations fhall be made for him, the marquis de Vaudreuil, M. de Rigaud, governor of Montreal, and fuite of this general. This veffel fhall be properly victualled at the expence of his Britannic majefty; and the mar. quis de Vaudreuil fhall take with him his papers, without their being exanined; and his equipage, plate, baggage, and also those of his fuite.

Granted, except the archives, which thall be neceifary for the government of the country."

Article XIII. If before, or after, the embarkation of the marquis de Vaudreuil, news of peace thouid arrive, and that, by the treaty, Canada fhould remain to his most Chriftian majefty, the marquis de Vaudreuil fhall return to Quebec or Montreal, every thing fhall return to its former ftate under the dominion of his moft Chriftian majefly, and the prefent capitulation fhall be come null and of no effect.

"Whatever the king may have done on this fubject, fhall be obcy

ed."

· Article XIV. Two fhips fhall 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,

likewife be victualled, and the receffary accommodations provided in them. The faid officers thall take with them their papers without be ing examined, and alfo their equipages and baggage. Such of the aid officers as thall be married, fhall have liberty to take with them their wives and children, who thall alfo be victualled.

"Granted; except that the marquis de Vaudreuil, and all the offi cers of whatever rank they may be, fhall faithfully deliver up to us all the charts and plans of the country."

Article XV. A vessel shall alfo be appointed for the paffage of M. Bigot, the intendant, with his fuite: In which veffel the proper accommodations fhall be made for him, and the perfons he fhall take with him: He hall likewife embark with him his papers, which fhall not be examined, his equipages, plate, and baggage, and thofe of his feite. This veffel fhall alfo be victualled as before mentioned.

Granted; with the fame referve, as in the preceding article."

Article XVI. The English general shall alfo order the necellary and moft convenient veifels to carry to France, M. de Longuevil, governor of Trois Rivieres, the fian of the colony and the commillary of the marine: They thall embark therein, their families, fervants, baggage, and equipages; and they thall be properly victualled during the paffage, at the expence of his Britannic majetty.

"Granted."

Article XVII. The officers 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 embarked for France, and fufficient and convenient veffels fhall be appointed for them. The land and fea 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 fhall embark their havrefacks and baggage. Thefe veffels fhall be properly and fufficiently victualled at the expence of his Britannic majefty.-"Granted."

Article XVIII. The officers, foldiers, and all the followers of the troops,who fhall have their baggage in the field, may fend for it before they depart, without any hindrance or moleftation.

"Granted."

Article XIX. An hofpital fhip fhall be provided by the English general, for fuch of the wounded and fick officers, foldiers, and feamen, as fhall be in a condition to be carried to France, and fhall likewife be victualled at the expence of his Britannic majefty.

It fhall be the fame with regard to the other wounded and fick officers, foldiers, and failors, as foon as they fhall be recovered. They fhall be at liberty to carry with them their wives, children, fervants, and baggage; and the faid foldiers and failors fhall not be folicited nor forced to enter into the fervice of his Britannic majefty. "Granted."

Article XX. A commiffary and one of the king's writers fhall be left to take care of the hofpitals, and of whatever may relate to the fervice of his moft Chriftian majesty. "Granted." VOL. III.

Article XXI. The English general fhall alfo provide fhips for carrying to France the officers of the fupreme council of juftice, police, admiralty, and all other officers, having commiffions or brevets from his moft Chriftian majefty,for them, their families, fervants, and equipages, as well as for the other officers: and they fhall likewife be victualled at the expence of his Britannic majefty. They fhall, however, be at liberty to stay in the colony, if they think proper, to fettle their affairs, or to withdraw to France, whenever they think fit.

"Granted: but if they have papers relating to the government of the country, they are to be delivered to us."

Article XXII. If there are any military officers, whofe affairs fhould require their prefence in the colony till next year, they shall have liberty to ftay in it, after having obtained the permiffion of the marquis de Vaudreuil for that purpofe, and without being reputed prifoners of war.

"All those whofe private affairs fhall require their stay in the country, and who thall have the marquis de Vaudreuil's leave for fo doing, fhall be allowed to remain till their affairs are fettled."

Article XXIII. The commifiary for the king's provifions, fhall be at liberty to stay in Canada till next year, in order to be enabled to anfwer the debts he has contracted in the colony, on account of what he has furnished; but if he should prefer to go to France this year, he fhall be obliged to leave till next year a perfon to tranfact his bufinefs. This private perfon fhall preferve, and have liberty to carry off all his papers, without being