[852] Vaudreuil au Ministre, 10 Sept. 1760.

[853] Procès-verbal de la Déliberation du Conseil de Guerre tenu à Montréal, 6 Sept. 1760.

On the next morning, September eighth, Vaudreuil yielded, and signed the capitulation. By it Canada and all its dependencies passed to the British Crown. French officers, civil and military, with French troops and sailors, were to be sent to France in British ships. Free exercise of religion was assured to the people of the colony, and the religious communities were to retain their possessions, rights, and privileges. All persons who might wish to retire to France were allowed to do so, and the Canadians were to remain in full enjoyment of feudal and other property, including negro and Indian slaves. [854]

[854] Articles of Capitulation, 8 Sept. 1760. Amherst to Pitt, same date.

The greatest alarm had prevailed among the inhabitants lest they should suffer violence from the English Indians, and Vaudreuil had endeavored to provide that these dangerous enemies should be sent back at once to their villages. This was refused, with the remark: "There never have been any cruelties committed by the Indians of our army." Strict precautions were taken at the same time, not only against the few savages whom the firm conduct of Johnson at Fort Lévis had not driven away, but also against the late allies of the French, now become a peril to them. In consequence, not a man, woman, or child was hurt. Amherst, in general orders, expressed his confidence "that the troops will not disgrace themselves by the least appearance of inhumanity, or by any unsoldierlike behavior in seeking for plunder; and that as the Canadians are now become British subjects, they will feel the good effects of His Majesty's protection." They were in fact treated with a kindness that seemed to surprise them.

Lévis was so incensed at the demand that the troops should lay down their arms and serve no longer during the war that, before the capitulation was signed, he made a formal protest [855] in his own name and that of the officers from France, and insisted that the negotiation should be broken off. "If," he added, "the Marquis de Vaudreuil, through political motives, thinks himself obliged to surrender the colony at once, we ask his permission to withdraw with the troops of the line to the Island of St. Helen, in order to uphold there, on our own behalf, the honor of the King's arms." The proposal was of course rejected, as Lévis knew that it would be, and he and his officers were ordered to conform to the capitulation. When Vaudreuil reached France, three months after, he had the mortification to receive from the Colonial Minister a letter containing these words: "Though His Majesty was perfectly aware of the state of Canada, nevertheless, after the assurances you had given to make the utmost efforts to sustain the honor of his arms, he did not expect to hear so soon of the surrender of Montreal and the whole colony. But, granting that capitulation was a necessity, his Majesty was not the less surprised and ill pleased at the conditions, so little honorable, to which you submitted, especially after the representations made you by the Chevalier de Lévis." [856] The brother of Vaudreuil complained to the Minister of the terms of this letter, and the Minister replied: "I see with regret, Monsieur, that you are pained by the letter I wrote your brother; but I could not help telling him what the King did me the honor to say to me; and it would have been unpleasant for him to hear it from anybody else." [857]

[855] Protêt de M. de Lévis à M. de Vaudreuil contre la Clause dans les Articles de Capitulation qui exige que les Troupes mettront bas les Armes, avec l'Ordre de M. de Vaudreuil au Chevalier de Lévis de se conformer à la Capitulation proposée. Vaudreuil au Ministre de la Marine, 10 Sept. 1760. Lévis au Ministre de la Guerre, 27 Nov. 1760.

[856] Le Ministre à Vaudreuil, 5 Déc. 1760.

[857] Le Ministre au Vicomte de Vaudreuil, Frère du Gouverneur, 21 Déc. 1760.

It is true that Vaudreuil had in some measure drawn this reproach upon himself by his boastings about the battles he would fight; yet the royal displeasure was undeserved. The Governor had no choice but to give up the colony; for Amherst had him in his power, and knew that he could exact what terms he pleased. Further resistance could only have ended in surrender at the discretion of the victor, and the protest of Lévis was nothing but a device to save his own reputation and that of his brother officers from France. Vaudreuil had served the King and the colony in some respects with ability, always with an unflagging zeal; and he loved the land of his birth with a jealous devotion that goes far towards redeeming his miserable defects. The King himself, and not the servants whom he abandoned to their fate, was answerable for the loss of New France.