The position of the besieged was deplorable. Nearly a fourth of their number were in the hospitals; while the rest, exhausted with incessant toil, could find no place to snatch an hour of sleep; "and yet," says an officer, "they still show ardor." "To-day," he again says, on the twenty-fourth, "the fire of the place is so weak that it is more like funeral guns than a defence." On the front of the town only four cannon could fire at all. The rest were either dismounted or silenced by the musketry from the trenches. The masonry of the ramparts had been shaken by the concussion of their own guns; and now, in the Dauphin's and King's bastions, the English shot brought it down in masses. The trenches had been pushed so close on the rising grounds at the right that a great part of the covered way was enfiladed, while a battery on a hill across the harbor swept the whole front with a flank fire. Amherst had ordered the gunners to spare the houses of the town; but, according to French accounts, the order had little effect, for shot and shell fell everywhere. "There is not a house in the place," says the Diary just quoted, "that has not felt the effects of this formidable artillery. From yesterday morning till seven o'clock this evening we reckon that a thousand or twelve hundred bombs, great and small, have been thrown into the town, accompanied all the time by the fire of forty pieces of cannon, served with an activity not often seen. The hospital and the houses around it, which also serve as hospitals, are attacked with cannon and mortar. The surgeon trembles as he amputates a limb amid cries of Gare la bombe! and leaves his patient in the midst of the operation, lest he should share his fate. The sick and wounded, stretched on mattresses, utter cries of pain, which do not cease till a shot or the bursting of a shell ends them." [587] On the twenty-sixth the last cannon was silenced in front of the town, and the English batteries had made a breach which seemed practicable for assault.

[587] Early in the siege Drucour wrote to Amherst asking that the hospitals should be exempt from fire. Amherst answered that shot and shell might fall on any part of so small a town, but promised to insure the sick and wounded from molestation if Drucour would send them either to the island at the mouth of the harbor, or to any of the ships, if anchored apart from the rest. The offer was declined, for reasons not stated. Drucour gives the correspondence in his Diary.

On the day before, Drucour, with his chief officers and the engineer, Franquet, had made the tour of the covered way, and examined the state of the defences. All but Franquet were for offering to capitulate. Early on the next morning a council of war was held, at which were present Drucour, Franquet, Desgouttes, naval commander, Houllière, commander of the regulars, and the several chiefs of battalions. Franquet presented a memorial setting forth the state of the fortifications. As it was he who had reconstructed and repaired them, he was anxious to show the quality of his work in the best light possible; and therefore, in the view of his auditors, he understated the effects of the English fire. Hence an altercation arose, ending in a unanimous decision to ask for terms. Accordingly, at ten o'clock, a white flag was displayed over the breach in the Dauphin's Bastion, and an officer named Loppinot was sent out with offers to capitulate. The answer was prompt and stern: the garrison must surrender as prisoners of war; a definite reply must be given within an hour; in case of refusal the place will be attacked by land and sea. [588]

[588] Mante and other English writers give the text of this reply.

Great was the emotion in the council; and one of its members, D'Anthonay, lieutenant-colonel of the battalion of Volontaires Étrangers, was sent to propose less rigorous terms. Amherst would not speak with him; and jointly with Boscawen despatched this note to the Governor:—

Sir,—We have just received the reply which it has pleased your Excellency to make as to the conditions of the capitulation offered you. We shall not change in the least our views regarding them. It depends on your Excellency to accept them or not; and you will have the goodness to give your answer, yes or no, within half an hour.

We have the honor to be, etc.,

E. Boscawen.
J. Amherst. [589]

Drucour answered as follows:—

Gentlemen,—To reply to your Excellencies in as few words as possible, I have the honor to repeat that my position also remains the same, and that I persist in my first resolution.

I have the honor to be, etc.,

The Chevalier de Drucour.

[589] Translated from the Journal of Drucour.

In other words, he refused the English terms, and declared his purpose to abide the assault. Loppinot was sent back to the English camp with this note of defiance. He was no sooner gone than Prévost, the intendant, an officer of functions purely civil, brought the Governor a memorial which, with or without the knowledge of the military authorities, he had drawn up in anticipation of the emergency. "The violent resolution which the council continues to hold," said this document, "obliges me, for the good of the state, the preservation of the King's subjects, and the averting of horrors shocking to humanity, to lay before your eyes the consequences that may ensue. What will become of the four thousand souls who compose the families of this town, of the thousand or twelve hundred sick in the hospitals, and the officers and crews of our unfortunate ships? They will be delivered over to carnage and the rage of an unbridled soldiery, eager for plunder, and impelled to deeds of horror by pretended resentment at what has formerly happened in Canada. Thus they will all be destroyed, and the memory of their fate will live forever in our colonies…. It remains, Monsieur," continues the paper, "to remind you that the councils you have held thus far have been composed of none but military officers. I am not surprised at their views. The glory of the King's arm and the honor of their several corps have inspired them. You and I alone are charged with the administration of the colony and the care of the King's subjects who compose it. These gentlemen, therefore, have had no regard for them. They think only of themselves and their soldiers, whose business it is to encounter the utmost extremity of peril. It is at the prayer of an intimidated people that I lay before you the considerations specified in this memorial."