But at eight in the evening the French requested a parley. Washington refused to consider the suggestion. Why should a parley be desired with an enemy in such a hopeless strait as they? It was clear that Villiers had resorted to this strategy to gain better information of their condition. But the request was soon repeated, and this time for a parley between the lines. To this Washington readily acceded, and Captain van Braam went to meet Le Mercier, who brought a verbal proposition from Villiers for the capitulation of Fort Necessity. To this proposition Washington and his officers listened. Twice the commissioners were sent to Villiers to submit modifications demanded by Washington. They returned a third time with the articles reduced to writing—but in French. Washington depended upon Van Braam’s poor knowledge of French and mongrel English for a verbal translation. Jumonville’s death was referred to as an assassination though Van Braam Englished the word “death”—perhaps thinking there was no other translation for the French l’assassinat. And by the light of a flickering candle, which the mountain wind frequently extinguished, the rain falling upon the company, George Washington signed this, his first and his last, capitulation. It read as follows:
“Article 1st. We permit the English Commander to withdraw with all the garrison, in order that he may return peaceably to his country, and to shield him from all insult at the hands of our French, and to restrain the savages who are with us as much as may be in our power.
“Art. 2nd. He shall be permitted to withdraw and to take with him whatever belongs to his troops, except the artillery, which we reserve for ourselves.
“Art. 3rd. We grant them the honors of war; they shall withdraw with beating drums, and with a small piece of cannon, wishing by this means to show that we consider them friends.
“Art. 4th. As soon as these articles shall be signed by both parties, they shall take down the English flag.
“Art. 5th. Tomorrow at daybreak a detachment of French shall lead forth the garrison and take possession of the aforesaid fort.
“Art. 6th. Since the English have scarcely any horses or oxen left, they shall be allowed to hide their property, in order that they may return to seek for it after they shall have recovered their horses; for this purpose they shall be permitted to leave such number of troops as guards as they may think proper, under this condition, that they give their word of honor that they will work on no establishment either in the surrounding country or beyond the Highlands during one year beginning from this day.
“Art. 7th. Since the English have in their power an officer and two cadets, and, in general, all the prisoners whom they took when they murdered Lord Jumonville, they now promise to send them, with an escort to Fort Duquesne, situated on Belle River, and to secure the safe performance of this treaty article, as well as of the treaty, Messrs. Jacob van Braam and Robert Stobo, both Captains, shall be delivered to us as hostages until the arrival of our French and Canadians herein before mentioned.
“We on our part declare that we shall give an escort to send back in safety the two officers who promise us our French in two months and a half at the latest.
“Copied on one of the posts of our block-house the same day and year as before.