as well in the towns as in the country, the French, settled or trading in the whole extent of the colony of Canada, and all other persons whatsoever, shall preserve the entire peaceable property and possession of their goods, noble and ignoble, movable and immovable merchandizes, furs, and other effects, even their ships; they shall not be touched, nor the least damage done to them, on any pretence whatsoever. They shall have liberty to keep, let, or sell them, as well to the French as to the English, to take away the produce of them in bills of exchange, furs, specie, or other returns, whenever they shall judge proper to go to France, paying their freight, as in the twentysixth article.

They shall also have the furs which are in the posts above, and which belong to them, and may be on the way to Montreal. And for this purpose they shall have leave to send this year, or the next, canoes, fitted out, to fetch such of the said furs as shall have remained in those posts.

Granted, as in the twenty-sixth Article.

ART. 38. All the people who have left Acadia, and who shall be found in Canada, including the frontiers of Canada, on the side of Acadia, shall have the same treatment as the Canadians, and shall enjoy the same privileges.

The King is to dispose of his ancient subjects; in the mean time they shall enjoy the same privileges as the Canadians.

ART. 39. None of the Canadians, Acadians, or French, who are now in Canada, and on the frontiers of the colony, on the side of Acadia, Detroit, Michilimakinac, and other places and ports of the countries above, the married and unmarried soldiers remaining in Canada, shall be carried or transported into the English colonies, or to old England, and they shall not be troubled for having carried arms.

Granted; except with regard to the Acadians.

ART. 40. The savages, or Indian allies of His Most Christian Majesty, shall be maintained in the lands they inhabit, if they choose to remain there; they shall not be molested on any pretence whatsoever, for having carried arms, and served His Most Christian Majesty; they shall have, as well as the French, liberty of religion, and shall keep their missionaries; the actual vicars-general and the bishop, when the episcopal see shall be filled, shall have leave to send them new missionaries, when they shall judge it necessary. Granted, except the last Article, which has been already refused.

ART. 41. The French, Canadians, and Acadians, of what state and condition soever, who shall remain in the colony, shall not be forced to take arms against His Most Christian Majesty or his allies, directly or indirectly, on any occasion whatsoever: the British Government shall only require of them an exact neutrality.

They become subjects of the King.

ART. 42. The French and Canadians shall continue to be governed according to the custom of Paris, and the laws and usages established for this country; and they shall not be subject to any other imposts than those which were established under the French dominion.

Answered by the preceding Articles, and particularly by the last.

ART. 43. The papers of the Government shall remain, without exception, in the power of the Marquess de Vaudreuil, and shall go to France with him. These papers shall not be examined on any pretence whatsoever.

Granted, with the reserve already made.

ART. 44. The papers of the intendancy, of the offices of comptroller of the marine, of the ancient and new treasurers of the King's magazines, of the office of the revenues, and forges of St. Maurice, shall remain in the power of M. Bigot, the intendant, and they shall be embarked for France in the same vessel with him. These papers shall not be examined.

The same as to this Article.

ART. 45. The registers and other papers of the Supreme Council of Quebec, of the prevosté and admiralty of the said city, those of the royal jurisdiction of Trois Rivières and of Montreal, those of the seigneurials jurisdiction of the colony, the minutes of the acts of the notaries of the towns and of the countries, and, in general, the acts and other papers that may serve to prove the fortunes of the citizens, shall remain in the colony, in the rolls of the jurisdictions on which these papers depend.

Granted.

ART. 46. The inhabitants and merchants shall enjoy all the privileges of trade, under the same favours and conditions granted to the subjects of His Britannic Majesty, as well in the countries above as in the interior of the colony.

Granted.

ART. 47. The negroes and panis of both sexes shall remain in their quality of slaves, in the possession of the French and Canadians to whom they belong; they shall be at liberty to keep them in their service in the colony, or to sell them, and they may also continue to bring them up in the Roman religion. Granted; except those who shall have been made prisoners.

ART. 48. The Marquess de Vaudreuil, the general and staff officers of the land forces, the governors and staff officers of the different places of the colony, the military and civil officers, and all other persons who shall leave the colony, or who are already absent, shall have leave to name and appoint attorneys to act for them, and in their name, in the administration of their effects, movable and immovable, until the peace. And if, by the treaty between the two Canada does not return under the French dominions, these officers or other persons, or attorneys for them, shall have leave to sell their manors, houses, and other estates, their movables and effects, &c., and to carry away, or send to France, the produce, either in bills of exchange, specie, furs, or other returns, as is mentioned in the thirty-seventh article.

crowns,

Granted.

ART. 49. The inhabitants and other persons, who shall have suffered any damage in their goods, movable or immovable, which remained at Quebec, under the faith of the capitulation of that city, may make their representations to the British Government, who shall render them due justice against the person to whom it shall belong.

Granted.

ART. 50 and last. The present capitulation shall be inviolably executed in all its articles, and bona fide on both sides, notwithstanding any infraction and any other pretence with regard to the preceding capitulations, and without making use of reprisals.

Granted.

P. S. ART. 51. The English General shall engage, in case any Indians remain after the surrender of this town, to prevent their coming into the towns; and that they do not in any manner insult the subjects of His Most Christian Majesty.

Care shall be taken, that the Indians do not insult any of the subjects of His
Most Christian Majesty.

ART. 52. The troops and other subjects of His Most Christian Majesty, who are to go to France, shall be embarked, at latest, fifteen days after the signing of the present capitulation.

Answered by the eleventh Article.

ART. 53. The troops and other subjects of His Most Christian Majesty, who are to go to France, shall remain lodged and encamped in the town of Montreal and other posts which they now occupy, till they shall be embarked for their departure. Passports, however, shall be granted to those who shall want them, for the different places of the colony, to take care of their affairs. Granted.

ART. 54. All the officers and soldiers of the troops in the service of France who are prisoners in New England, and who were taken in Canada, shall be sent back as soon as possible to France, where their ransom or exchange shall be treated of agreeable to the cartel; and if any of these officers have affairs in Canada, they shall have leave to come there.

Granted.

ART. 55. As to the officers of the militia, the militia, and the Acadians, who are prisoners in New England, they shall be sent back to their own countries.

Done at Montreal, the 8th of September, 1760.

Granted, except what regards the Acadians.

VAUDREUIL.

Done in the camp before Montreal, the 8th of September, 1760.

JEFF. AMHERST,

No. VI.

14th GEO. III., Cap. 83.

An Act for making more effectual Provision for the Government of the Province of Quebec in North America.

Whereas His Majesty, by his royal proclamation, bearing date the seventh day of October, in the third year of his reign, thought fit to declare the provision which had been made in respect to certain countries, territories, and islands in America, ceded to His Majesty by the definitive treaty of peace, concluded at Paris on the tenth day of February, one thousand seven hundred and sixty-three: And whereas, by the arrangements made by the said royal proclamation, a very large extent of country, within which there were several colonies and settlements of the subjects of France, who claimed to remain therein under the faith of the said treaty, was left, without any provision being made for the administration of civil government therein; and certain parts of the territory of Canada, where sedentary fisheries had been established and carried on by the subjects of France, inhabitants of the said province of Canada, under grants and concessions from the government thereof, were annexed to the government of Newfoundland, and thereby subjected to regulations inconsistent with the nature of such fisheries: may it therefore please your Most Excellent Majesty that it may be enacted; and be it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, that all the territories, islands, and countries in North America, belonging to the crown of Great Britain, bounded on the south by a line from the bay of Chaleurs, along the high lands which divide the rivers that empty themselves into the river St. Lawrence from those which fall into the sea, to a point in fortyfive degrees of northern latitude, on the eastern bank of the river Connecticut, keeping the same latitude directly west, through the lake Champlain, until, in the same latitude, it meets the river St. Lawrence; from thence up the eastern bank of the said river to the lake Ontario; thence through the lake Ontario, and the river commonly called Niagara; and thence along by the eastern and south-eastern bank of lake Erie, following the said bank, until the same shall be intersected by the northern boundary, granted by the charter of the province of Pensylvania, in case the same shall be so intersected; and from thence along the said northern and western boundaries of the said province, until the said western boundary strike the Ohio; but in case the said bank of the said lake shall not be found to be so intersected, then following the said bank until it shall arrive at that point of the said bank which shall be nearest to the north-western angle of the said province of Pensylvania, and thence, by a right line, to the said north-western angle of the said province; and thence along the western boundary of the said province, until it strike the river Ohio; and along the bank of the said river, westward, to the banks of the Mississippi, and northward to the southern boundary of

the territory granted to the merchants adventurers of England trading to Hudson's Bay; and also all such territories, islands, and countries, which have, since the tenth of February, one thousand seven hundred and sixtythree, been made part of the government of Newfoundland, be, and they are hereby, during His Majesty's pleasure, annexed to, and made part and parcel of the province of Quebec, as created and established by the said royal proclamation of the seventh of October, one thousand seven hundred and sixtythree.

Provided always, that nothing herein contained, relative to the boundary of the province of Quebec, shall in anywise affect the boundaries of any other colony.

Provided always, and be it enacted, that nothing in this Act contained shall extend, or be construed to extend, to make void, or to vary or alter any right, title, or possession, derived under any grant, conveyance, or otherwise howsoever, of or to any lands within the said province, or the provinces thereto adjoining; but that the same shall remain and be in force, and have effect, as if this Act had never been made.

And whereas the provisions, made by the said proclamation, in respect to the civil government of the said province of Quebec, and the powers and authorities given to the Governor and other civil officers of the said province, by the grants and commissions issued in consequence thereof, have been found, upon experience to be inapplicable to the state and circumstances of the said province, the inhabitants whereof amounted, at the conquest, to above sixty-five thousand persons professing the religion of the church of Rome, and enjoying an established form of constitution and system of laws, by which their persons and property had been protected, governed, and ordered, for a long series of years, from the first establishment of the said province of Canada; be it therefore further enacted by the authority aforesaid, that the said proclamation, so far as the same relates to the said province of Quebec, and the commission under the authority whereof the government of the said province is at present administered, and all and every the ordinance and ordinances made by the Governor and Council of Quebec for the time being, relative to the civil government and administration of justice in the said province, and all commissions to judges and other officers thereof, be, and the same are hereby revoked, annulled, and made void, from and after the first day of May, one thousand seven hundred and seventy-five.

And, for the more perfect security and ease of the minds of the inhabitants of the said province, it is hereby declared, that His Majesty's subjects, professing the religion of the church of Rome, of and in the said province of Quebec, may have, hold, and enjoy, the free exercise of the religion of the church of Rome, subject to the King's supremacy, declared and established by an Act, made in the first year of the reign of Queen Elizabeth, over all the dominions and countries which then did, or thereafter should belong, to the imperial crown of this realm; and that the clergy of the said church may hold, receive, and enjoy, their accustomed dues and rights, with respect to such persons only as shall profess the said religion.