1759-1763 FIRST PERIOD After the capitulations of Quebec and Montreal, military rule prevailed, modified by the Articles of Capitulation (see Nos. I and II), which were confirmed at the conclusion of the war by the Treaty of Paris, February 10, 1763 (see No. III). In the following October a Royal Proclamation was issued as a preliminary for the introduction of civil administration (see No. IV). The policy outlined is tentative and led to severe disputes during the Second Period. According to the judgment of Lord Chief Justice Mansfield in Campbell v. Hall (see No. XXIII), this Proclamation was the Constitution of Canada until the Quebec Act of 1774, by which it was annulled. DOCUMENTS OF THE CANADIAN CONSTITUTION 1759-1915 I ARTICLES OF THE CAPITULATION OF QUEBEC, 17591 [Trans. Shortt and Doughty, Constitutional Documents, Canadian Archives, 1907.] 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, etc., etc., 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, baggage, 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 bag"gage, 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 safeguards 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 This and the following document represent the French terms of surrender to the British. The first part of each section in each document is the French stipulation; the part in inverted commas in each section of each document is the British comment. The documents as printed represent the actual contracts of surrender, after which "the rule of the soldiers" began in Canada and continued till the conclusion of the Seven Years' War, when the civil administration began. 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 safeguards 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, whenever "he shall think proper, until the possession of Canada shall have been de"cided between their Britannic and most Christian Majesties." VII That the artillery and warlike stores shall be faithfully given up, and that an inventory of them shall be made out.-"Granted." VIII That the sick and wounded, the commissaries, Chaplains, Physicians, Surgeons, Apothecaries, and other people employed in the service of the hospitals, shall be treated comformably to the cartel of the 6th of February, 1759, settled between their most Christian and Britannic Majesties."Granted." IX That before delivering up the gate and the entrance of the town to the English troops, their General will be pleased to send some soldiers to be posted as safeguards upon the churches, convents, and principal habitations. "Granted." X That the King's Lieutenant, commanding in Quebec, shall be permitted to send information to the Marquis de Vaudreuil, Governor-General, of the reduction of the place, as also that the General may send advice thereof to the french Ministry.-"Granted." XI That the present capitulation shall be executed according to its form and tenour, without being subject, to non-execution under pretence of reprisals, or for the non-execution of any preceding capitulations."Granted." Duplicates hereof taken and executed by, and between us, at the camp before Quebec, this 18th day of September, 1759. CHARLES SAUNDERS, II ARTICLES OF THE CAPITULATION OF MONTREAL, 1760 [Trans. Shortt and Doughty.] Between their Excellencies Major-General Amherst, Commander-inChief of His Britannic Majesty's troops and forces in North America, on the one part, and the Marquis de Vaudreuil, etc., Governor and LieutenantGeneral for the King in Canada, on the other. ARTICLE I Twenty-four hours after the signing of the present capitulation, the British General shall cause the troops of His Britannic Majesty to take possession of the gates of the town of Montreal: and the British garrison shall not enter the place till after the French troops shall have evacuated it. "The whole garrison of Montreal must lay down their arms, and shall "not serve during the present war. Immediately after the signing of the "present capitulation, the King's troops shall take possession of the gates, and shall post the guards necessary to preserve good order in the town." |