perfons, and all that belongs to them, to France."

Article XXXVI. If, by the treaty of peace, Canada remains to his Britannic majefty, all the French, 'Canadians, Acadians, merchants, and other perfons, who chufe to retire to France, fhall have leave to do fo, from the English general, who fhall procure them a paffage. And, nevertheless, if, from this time to that decision, any French or Canadian merchants, or other perfons, thall defire to go to France, they fhall likewife have leave from the English general. But the one and the other fhall take with them their families, fervants, and baggage." Granted."

Article XXXVII. The lords of manors, the military and civil officers, the Canadians, as well in the town as in the country, the French fettled or trading in the whole extent of the colony of Canada, and all other perfons whatfoever, fhall preferve the entire peaceable property and poffeffion of their goods, noble and ignoble, moveable and immoveable, merchandizes, furs, and other effects, even their fhips: they shall not be touched, nor the leait damage done to them, on any pretence whatfoever. They fhall have liberty to keep, let, or fell them, as well to the French, as to the English, to take away the produce of them, in bills of exchange, furs, fpecie, or other returns, whenever they thall judge proper to go to France, paying their freight, as in the 26th article. They thall alfo have the furs which are in the pofts above, and which belong to them, and may be on the way to Montreal. And for this purpofe they thall have leave to fend this year, or the next, canoes, fitted out, to fetch fuch of

the faid furs as fhall have remained in those posts.

"Granted; as in the 26th ar ticle."

Article XXXVIII. All the people who have left Acadia, and who fhall be found in Canada, including the frontiers of Canada, on the fide of Acadia, fhall have the fame treatment as the Canadians, and fhall enjoy the fame privileges.

"The king is to difpofe of his ancient fubjects: in the mean time they shall enjoy the fame privilege as the Canadians."

Article XXXIX. None of the Canadians, Acadians, or French, who are now in Canada, and on the frontiers of the colony, on the fide of Acadia, Detroit, Michilimakinac, and other places and pofts of the countries above, the married and unmarried foldiers, remaining in Canada, fhall be carried or transported into the English colonies, or to Old England, and they thall not be trou bled for having carried arms.

"Granted; except with regard to the Canadians."

Article XL. The favages or Indian allies of his moft Christian majefty, thall be maintained in the lands they inhabit, if they chufe to remain there; they fhall not be molested on any pretence whatfoever, for having carried arms, and ferved his moft Chriftian majesty. They fhall have, as well as the French, liberty of religion, and fhall keep their miffionaries. The actual vicars general, and the bi fhop, when the epifcopal fee fhall be filled, fhall have leave to fend them new miflionaries when they fhall judge it neceffary.

"Granted; except the laft ar ticle, which has been already refused." Article

I

Article XLI. The French, Canadians, and Acadians, of what ftate and condition foever, who fhall remain in the colony, fhall not be forced to take arms against his moft Chriftian majefty or his allies, directly or indirectly, on any occafion whatfoever. The British government fhall only require of them an exact neutrality.

"They become fubjects of the king."

Article XLII. The French and Canadians fhall continue to be governed according to the cuftom of Paris, and the laws and ufages eftablished for this country; and they fhall not be fubject to any other impofts than thofe which were eftablished under the French dominions.

"Answered by the preceding articles, and particularly by the laft."

Article XLIII. The papers of the government fhall remain, without exception, in the power of the marquis de Vaudreuil, and fhall go to France with him. Thefe papers thall not be examined on any pretence what foever,

"Granted; with the referve already made."

Article XLIV. The papers of the intendancy of the officers of comptroller of the marine, of the ancient and new treasurers, of the king's magazines, of the office of the revenues, and forces of St. Maurice, thall remain in the power of M. Bigot, the intendant, and they fhall be embarked for France in the fame veffel with him. Thefe papers fhall not be examined.

"The fame as to this article.” Article XLV. The regifters, and other papers of the fupreme council of Quebec, of the provoft,

and admiralty of the faid city; thofe of the royal jurifdictions of Trois Rivieres, and of Montreal; thofe of the feigneurial jurifdictions 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 ferve to prove the eftates and fortunes of the citizens, fhall remain in the colony, in the rolls of the jurifdictions on which these papers depend. "Granted."

Article XLVI. The inhabitants and merchants fhall enjoy all the privileges of trade, under the fame favours and conditions granted to the fubjects of his Britannic majefty, as well in the countries above, as in the interior of the colony. "Granted."

Article XLVII. The negroes and Panis of both fexes fhall remain, in their quality of flaves, in the poffeflion of the French and Canadians, to whom they belong: they fhall be at liberty to keep them in their fervice in the colony, or to fell them; and they may allo continue to bring them up in the Roman religion.

"Granted; except thofe who fhall have been made prifoners."

Article XLVIII. The marquis 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 perfons who fhall leave the colony, or who are already absent, fhall have leave to name and ap point attornies to act for them, and in their name, in the adminiftration of their effects, moveable and immoveable, until the peace. And if, by the treaty between the two crowns, Canada does not return

under the French dominion, these officers or other perfons, or attornies for them, fhall have leave to fell their manors, houfes and other eftates, their moveables, and effects, &c, to carry away or fend to France the produce, either in bills of exchange, fpecie, furs, or other returns, as is mentioned in the 37th article.

"Granted."

Article XLIX. The inhabitants and other perfons who fhall have fuffered any damage in their goods, moveable or immoveable, which remained at Quebec, under the faith of the capitulation of that city, may make their reprefentations to the British government, who fhall render them due juftice, against the perfon to whom it fhall belong. "Granted."

Article L. and laft. The prefent capitulation fhall be inviolably executed in all its articles, and bona fide on both fides, notwithstanding any infraction, and any other pretence with regard to the preceding capitulations, and without making ufe of reprisals.

"Granted."

P. S. Article LI. The English general fhall engage, in cafe any Indians remain after the furrender of this town, to prevent their coming into the towns; and that they do not, in any manner, infult the fubjects of his moft Chriftian majefty.

"Care fhall be taken that the Indians do not infult any of the fubjects of his moft Chriftian majefty."

Article LII. The troops and other fubjects of his moft Chriftian majefty, who are to go to France, fhall be embarked, at latest, fifteen

days after the figning of the present capitulation.

"Answered by the eleventh article."

Article LIII. The troops and other fubjects of his moft Chriftian majefty, who are to go to France, fhall remain lodged and encamped in the town of Montreal, and other pofts which they now occupy, till they fhall be embarked for their departure: paffports, however, shall be granted to those who shall want them for the different places of the colony to take care of their affairs. "Granted."

Article LIV. All the officers and foldiers of the troops in the fervice of France, who are prifoners in New England, and who were taken in Canada, shall be sent back, as foon as poffible, to France, where their ranfom or exchange fhall be treated of, agreeable to the cartel; and if any of these officers have affairs in Canada, they fhall have leave to come there..

men and warriors of that nation, Dec. 19, 1759.

ON

N the 19th the Little Carpenter, with five other headmen, arrived in the camp; as it was late when he came, he told the governor he would give his talk the next day he faid he had come with a good talk, and made no doubt but the chain which had begun to contract ruft would again be brightened: Accordingly, early on the 20th he gave his talk, witch confifted of little more than general profeffions of friendship, and affurances of future good behaviour; but it was obterved he carefully avoided fo much as mentioning the murders committed by the Indians, and made not the leaft offer of giving fatisfaction: when he had finished, he offered to withdraw; but the governor defired him by the interpreter to remain, when his excellency spoke to the following effect:

"You told me yesterday you had a good talk to make, and expected fuch a one from me; you know it is the will of the Great King, that his people and your people thould live together in friendship; and you, Attakullakulla, have faid they defire not to break the chain thereof it is a chain which our Great King holds at one end, and you at the other: you know, in order to keep that chain from contracting ruft and to hinder its being broken, it was neceffary certain conditions fhould be made; you, Attakullakulla, well remember the time, for you were prefent at Weftminster in the year 1730, when they were made. And as all the acts of the Great King are kept till time fhall be no more, fo I now have in my

hand thofe very conditions made with you and your people; it was concluded, that if any Indian kills an Englishman, he thould be delivered up to be punished as the law requires. This was the ancient talk of our fathers and your fathers, and when the Great King took your nation under his protection, he ordered it fo for the future. This treaty has been fince renewed by feveral of the king's governors, from time to time, in this province. It was the mercy of the Great King that this way of reftitution thould be eftablished, to prevent a war which might deftroy your nation; whereas, at any time, by the delivery of the guilty perfon the innocent might efcape, and your people be futtered to live in friendfhip with ours.

In the month of November 1758, fix deputies from your nation came to Charles-town, to make up all difference between our people and yours. They did then engage to oblerve the words of the acts I now have here, and which you know are the fame made by the Great King. They received a large quantity of goods as full fatisfaction for any injuries they had received from the white people; and did folemnly promife to keep in ftrict friendship with all the Great King's fubjects. Notwithstanding which, a fhort time after they went from Sattiquo, under Moy Troy, and killed many of them, although no provocation had been given; thereupon I demanded fatisfaction according to the words of the Great King; but they have yet given me Lone; but as the Great King George loves mercy better than war, I was willing to wait; but while the white people lay quietly in their houtes,

they came, killed and fcalped them, and laft of all put to death three men in the upper nation; they alfo fired at a meilenger from this fort who was fent to me, but the ball miffed him: they drove the white people who lived in their towns to furnish them with goods, into the forts they knowing that their people have been guilty of all thefe things, and many more, made me expect you would not only come down with a good talk,. as you are pleafed to call what you have delivered, but that you would offer fatisfaction for them. I am now come here with a great number of my warriors, to take the fatisfaction I have more than once demanded. Perhaps fome among your people may have looked upon the white people's putting up with fuch injuries to arife from apprehenfion of your people; but you fhall now fee their patience, and their long fuffering was not for want of refolution: you well know our ftrength in this province is three times fufficient to deftroy your nation. The white people in all the provinces of the land are brothers, and linked together, and we come not alone against you becaufe we have fuffered, but the Virginians and North Carolinians are preparing to come against you, unlels fatisfaction be given me; and my brother the governor of Georgia alfo will prevent any ammunition from coming to

neceffary for me to fay any more until you make fatisfaction for killing the white people.

You,Attakullakulla, have been in England; the power of our great king you have feen, and have been a witnefs of the fplendour of his throne, and the multitude of his warriors; you also know it is five years and more that we have been at war with the French, who were at that time numerous over all America; you know I difdain to tell you a falfehood; and now I will inform you what fuccefs his army has had. Some of the laft fhips that arrived at Charles-town brought me a great deal of good news; a fleet of his fhips of war have taken many of the fame belonging to the French, and a meffenger has arrived with an account that the great city of Quebec is reduced: as alfo that the great king's warriors have taken all the forts on the great lakes, and up the river Ohio down to Fort du Quefue, and have beat down all things in their way, even as a hurricane would have done in its paffage. The Indians in those parts fearing his power, have made their peace with our great king; the Delawares, Shawancie, and all of them that live near Fort du Quefne, have defired to be in friendship with us; the Choctaws alfo beg to be received under his protection, by his beloved man Mr. Atkin, upon which a great number of traders are gone into their country with all forts of goods. If you won't believe what I fay, and imagine the French are able to fupply you with the neceflaries you ftand in need of, it is well: but they are ftarving: Undone themfelves, they cannot furnith a blanket or gun to the Choctaws, much

lefs