Amherst, in his despatch to Pitt, tells the circumstances of the actual signature: "The troops passed the night (the 7th) under arms, and early in the morning I received a letter from the Marquis de Vaudreuil to which I replied; then I sent Major Abercromby to the town to bring back the articles of capitulation signed by the Marquis de Vaudreuil. I had then forwarded to the latter a duplicate bearing my signature. Then Colonel Haldimand, with the grenadiers and the light infantry, took possession of the fort and tomorrow he will put into execution the articles of capitulation."—"Archives Canadiennes," Doc. Const. (translated from French version).
About 1760
THE YEAR OF CAPITULATION
Published by Jefferys, the corner of St. Martin's Lane in the Strand
The articles of capitulation were written in French, no signed copy in English being extant. The terms are those of the surrender of a conquered people, though the spirit of generosity marks them, on the part of the conquerors.
As had been said the troops were to lay down their arms, were not to serve again during the war and were to be sent back to France, to the first port, by the shortest route. Protection to deserters on both sides was refused; the sick and wounded were to be treated kindly. The demand that the Indians under British arms should be sent away after the signing of the articles was refused on the ground "that there had never been any cruelties practiced by the savages of our army." The demand for protection against disorders on the part of the victorious troops was answered by Amherst laconically: "Good order will be maintained." M. de Vaudreuil, M. de Rigaud, governor of Montreal, and their officers and suites shall be treated with consideration, maintained in the houses till their embarkation. They could carry away their private papers, except those archives that may be necessary for the good government of the country. It was asked that if peace were proclaimed, matters should return to the previous state and the capitulation should be null and void. Amherst answered that the orders of the king on this point would be obeyed. Full facilities were given for the free transportation of officers of state, of justice, of police, etc., and for the soldiers and their wives; a hospital ship for the sick and wounded was to be provided.
All who had business in the country could remain with the permission of M. de Vaudreuil until they had arranged their affairs.
The chief of the commissary department or his representative should be allowed to remain in the country till the following year to satisfy the debts contracted in the colony. The "Company of the Indies" shall maintain the possession of its peltry, but if it is found that His Very Christian Majesty has any share in it, that would be transferred to the benefit of the English king. All in general engaged in trade or possessing property shall be allowed to go to France with their families, etc., but they shall pay for the freightage of their merchandise and furniture, etc.
There was no mention of the use of the French language made on either side. The free exercise of the "Roman Catholic and Apostolic religion" was accorded, the obligation of paying the "dime" to the clergy being reserved to the good will of the king.
The ordinary ecclesiastical functions were to be continued, but the demand that the king of France should continue to name the bishop of the colony, who should always be a Roman Catholic, was refused. As Mgr. de Pontbriand was but lately dead, [227] and as his successor was not yet appointed, this seemed an opportunity for the English, if desired, to control future episcopal elections. In the meantime the power to create new parishes was refused.