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Articles de Capitulation demandés Par Mr de Ramzay Lieutenant Pour Le Roy Commandant Les hautes et Basse Ville de Quebec Cher de L'ordre Royal & Militaire de St Louis à Son Excellence Monsieur Le General des troupes de Sa Majesté Britannique.

1 The Articles of Capitulation of Quebec as here given are taken from a photographic reproduction of the original document, signed by Admiral Charles Saunders, Brigadier General George Townshend and M. de Ramesay, which was enclosed in Townshend's despatch to Pitt of the 20th Sept., 1759, giving the official account of the capture of Quebec. The despatch and the enclosed Articles of Capitulation are preserved in the Public Record Office. London, in Vol. 88 of the papers relating to America and the West Indies. In his despatch General Townshend thus alludes to the Capitulation :-The 17th at noon before we had any Battery erected or could have had any for 2 or 3 days. A Flagg of Truce came out with proposals of Capitulation, which I sent back again to Town allowing them four Hours to capitulate or no farther Treaty. The French Officer returned at night with Terms of Capitulation which with the Admiral were consider'd, agreed to, and signed, at 8 in ye morning ye 18th instant. The Terms you find we granted will I flatter myself be approved of by his Majesty considering ye Enemy assem bling in our Rear, & what is far more formidable The very Whet & Cold Season which threatened our Troops with Sickness & the fleet with some Accident. It had made our Road so bad we could not bring up a Gun for some time, add to this y advantage of entring ye Town with the walls in a Defensible State, and ye being able to put a Garrison there strong enough to prevent all Surprise. These I hope will be deem'd a sufficient Consideration for granting ye them. Terms I have the Honour to propose to you.' Admiral Saunders, in a letter to Pitt at the same time, also states, 'I enclose you a Copy of the Articles of Capitulation.' Negotiations for the capitulation appear to have commenced immediately after the battle of the Plains on the 13th of September, as Montcalm addressed a letter to Townshend on that day, in which he acknowledged that he was compelled to surrender. On the 14th, M. de Ramesay received a communication from the British Commander referring to the arrangements for carrying out the truce; but the death of Montcalm which occurred on the same day seems to have interrupted the proceedings. There are several variations in the wording alike of the French text and of the English translation, or version of the Articles of Capitulation, as given by different authorities. Some of these are from French sources, others from English. As indicative of the variations in British official sources we may take the following versions of the introductory clauses of the Capitulation:

Articles de Capitulation demandées par Mr de Ramzay Lieutenant pour le Roy, Commandant les Hautes et Basses Villes de Québec, Chevalier de l'Ordre Royal et Mi itaire de St Louis, à Son Excellence Monsieur le Général des Troupes de Sa Majesté Britannique: La Capitulation demandée d'autre Part a été accordée par Son Excellence General Townshend, Brigadier des Armes de Sa Majesté Britannique en Amerique, de la Maniere et aux Conditions exprimées cy-dessous :

(Papers relative to the Province of Quebec, ordered to be printed 21st April 1791. Copied in Canadian Archives, Q. 62 A, Pt. 1, p. 103.)

ARTICLES DE CAPITULATION

Demandée par M. de Ramsay, Lieutenant pour le Roi, commandant les Haute et Basse-villes de Québec, Chef de l'ordre militaire de St. Louis, à son Excellence le Général des Troupes des sa Majesté Britannique."La Capitulation demandée de l'autre part, a été accordée par son Excellence 1Amiral Saunders, et son Excellence le Général Townshend, &c. &c. &c. de la manière et condition exprimée ci-dessous.”

(Capitulations and Extracts of Treaties Relating to Canada; with His Majesty's Proclamation of 1763, establishing the Government of Quebec. p. 3. Printed by Willian Vondenvelden, Law Printer to the King's Most Excellent Majesty. 1797.)

Le present traité a été fait et arreté Double entre Nous au Camp devant Quebec le 18 Septembre 1759

CHA: SAUNDERS.

GEO: TOWNSHEND.

DERAMESAY

6-7 EDWARD VII., A. 1907

(Translation.) 1

ARTICLES OF CAPITULATION

Demanded by Mr. de Ramsay, the King's Lieutenant, commanding the high and low Towns of Quebec, Chief of the military order of St. Lewis, to His Excellency the General of the troops of His Britannic Majesty." The Capitulation demanded "on the part of the enemy, and granted by their Excellencies Admiral Saunders "and General Townshend, &. &c. &c. is in manner and form hereafter expressed.”

I.

Mr. de Ramsay demands the honours of war for his Garrison, and that it shall be sent back to the army in safety, and by the shortest route, with arms, bagage, six pieces of brass cannon, two mortars or howitzers, and twelve rounds for each of them." The "Garrison of the town, composed of Land forces, marines and sailors, shall march out "with their arms and bagage, drums beating, matches lighted, with two pieces of french "cannon, and twelve rounds for each piece; and shall be embarked as conveniently as "possible, to be sent to the first port in France."

II.

That the inhabitants shall be preserved in the possession of their houses, goods, effects, and privileges." Granted, upon their laying down their arms."

III.

That the inhabitants shall not be accountable for having carried arms in the defence of the town, for as much as they were compelled to it, and that the inhabitants of the colonies, of both crowns, equally serve as militia." Granted."

IV.

That the effects of the absent officers and citizens shall not be touched.- "Granted."

V.

That the inhabitants shall not be removed, nor obliged to quit their houses, until their condition shall be settled by their Britannic, and most Christian Majesties "Granted."

VI.

That the exercise of the Catholic, Apostolic and Roman religion shall be maintained; and that safe guards shall be granted to the houses of the clergy, and to the monasteries, particularly to his Lordship the Bishop of Quebec, who, animated with zeal for religion, and charity for the people of his diocese, desires to reside in it constantly, to exercise, freely and with that decency which his character and the sacred offices of the Roman religion require, his episcopal authority in the town of Quebec, whenever he shall think proper, until the possession of Canada shall be decided by a treaty between their most Christian and Britannic Majesties." The free exercise of the roman religion is granted, "likewise safe-guards to all religious persons, as well as to the Bishop, who shall be at "liberty to come and exercise, freely and with decency, the functions of his office, when"ever he shall think proper, until the possession of Canada shall have been decided "between their Britannic and most Christian Majesties."

1 The French text of the Articles of Capitulation being the official one, there is no authoritative English version. The English text here given follows that contained in Capitulations and Extracts of Treaties Relating to Canada," already cited, and which corresponds to the French text there given. This version, as regards the British concessions, is practically identical with that contained in Knox's “Historical Journal of the Campaigns in North America." Vol. II, p. 87, as also in the "Annual Register" for 1759, p. 247. The version contained in "Papers Relative to the Province of Quebec," of 1791, differs slightly from these.