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Art. IV. There fhall in like manner be provided, at the charges of his Britannic majefty, a veffel, and the neceffary victualling, to carry to the Granades M. le Vaffor Delatouche, commandant-general for his moft Chriftian majefty of the French Leeward islands in America, his lady, and all perfons with him, engaged in the king's fervice, or belonging to his houthold, and all their effects. Granted, to France, the Granades being blocked
Art. V. M. de Rochemore, infpector of the fortifications, and artillery in this ifland, fhall, in like manner, be conveyed to the Granades, in the fame fhips with the perfons in his retinue engaged in fervice of the king, their domeftics, and their effects. Granted, to France.
Art. VI. There shall be made by two commiffaries, who fhall be named for that purpose, one of each nation, an exact inventory of all the effects, which fhall be found to belong to his moft Chriftian majefty in the arfenals, in the magazines, upon the batteries, and in general of all the arms, utenfils and ammunitions of war, to be delivered up to the commanding officer of his Britannic majesty.— Granted.
Art. VII. Merchandizes not being arms nor munitions of war, which may be found lodged in the faid magazines, or upon the faid batteries, fhall not be made a part of the faid inventory, unless it be in order to their being reftored to their true owners. All military ftores, and others, employed as fuch, become his Britannic majefty's.
Art. VIII. All the prifoners made during the fiege, or at fea, before
the fiege, of whatever nation and quality, fhall be restored on either fide; and those made in the citadel, if they be troops, fhall follow the fortune of the other troops; and, if inhabitants, they fhall follow the fortune of the other inhabitants.— The troops, according to the cartel; the inhabitants will be releafed upon the figning of this capitulation.
Art. IX. The free negroes and and mulattoes made prifoners of war, fhall be treated as fuch, and reftored like the other prifoners, in order to their continuing to enjoy their liberty. All negroes taken in arms are deemed flaves. The reft granted.
Art. X. The Sieur Nadau Dutreil, de la Potterie, and Cornette, prifoners of state, shall be likewise conducted at the expence, and in the fhips, of his Britannic majefty, to the island of the Granades, to be delivered into the hands of M. le Vaffor Delatouche. Meffieurs de la Potterie, and Cornette, fhall be delivered up when taken, but M. Nadau having had our promise (immediately upon his being made prifoner) to procure him a reafonable time to fettle his affairs, he has three months from the date hereof for that purpose.
Art. XI. The island of Martinico fhall remain in the hands of his Britannic majefty, till fuch time as its condition fhall have been determined, by treaty made between the two powers, without the inhabitants being compelled, in any cafe, to take up arms, either against the king of France, or against his allies, or even against any other power.- -They become fubjects of his Britannic majefty, and must take the oath of allegiance; but fhall not be obliged to take up arms against his most Chri
Chriftian majefty, until a peace may determine the fate of the inland.
XII. All the inhabitants of Martinico, either prefent or abfent, even those that are engaged in his moft Chriftian majefty's fervice, as well as all religious houses, and communities, fhall be, maintained and preserved in the poffeffion and propriety of their real and perfonal eftates, of their negroes, fhipping, and generally of all their effects, whether the faid real and personal eftates, and effects, be actually in Martinico, or in any other ifland; and the flaves, which have been taken from them, during the fege, fhall be restored to them.- The inhabitants as well as the religious orders, will enjoy their properties; and, as they become British fubjects, they will enjoy the fame privileges as in his majesty's other Leeward iflands. In regard to the flaves, answered in the 9th article.
Art. XIII That boats or other veffels of Martinico, which are actually out at fea, or in neutral ports, whether they are equipped for war or not, fhall be permitted to return into the ports and roads of this ifland, upon the declaration to be made by the owners thereof, of their intending to fend them immediate orders to return, and upon their giving perfonal fecurity, that the faid veffels fhall make no attempt upon any English fhip: in confideration of which declaration, paffports fhall be granted them, that they may return in all fecurity.
-Refused, as foreign to the capitulation; but any applications, which may afterwards be made on this head, fhall be confidered according to the rules of justice, and of war.
Art. XIV. The inhabitants of Martinico fhall freely and publicly exercife their religion; the priefts, friars, and nuns, fhall be maintained in the public exercise of their functions, and in the enjoy ment of their privileges, prerogatives, and exemptions.-Granted.
Art. XV. The fuperior, as was as inferior judges, fhall likewife be maintained in their functions, privileges, and prerogatives; they fhall continue to administer justice to the inhabitants of this island, according to the laws, ordinances, cuftoms, and uses which have been followed hitherto : no foreigner fhall be allowed to fit in the council as a judge. But if any place in the magistracy becomes vacant, fuperior council of Martinico shall difpofe of it provifionally only; and the perfon, chofen by them, fhall perform the duties of it, till the one or the other of the two courts fhall otherwife fettle it, after that the condition of Martinico fhall have been fixed, by a treaty between them. They become British fubjects, but fhall continue to be governed by their present laws, until his majesty's pleasure be known.
Art. XVI. M. le Baron d'Huart, commanding the troops, and militia of this ifland, as well as M. de Bouran, major-general, fhall be conveyed to the Granades, in the fame veffel, in which the royal grenadiers are to be embarked, together with their domeftics and effects, as well as thofe of all the officers of the fame corps. The faid officers shall have leave to collect together the effects which are difperfed in divers parts of the island; and the neceffary time for the recovery of them,
them, fhall be allowed them. Orders fhall be given to the inhabitants, that are indebted to the officers of this corps, to pay them before their departure. The of ficers fhall likewise be bound to difcharge the debts they have contracted in the island. They fhall be sent to France. The reft grant
Art. XVII. All the land and fea officers, who find themselves in the island, either on actual duty, or with leave, fhall have a year's time to fettle all the affairs they may have there.- A proper time will be allowed to fuch as have eftates upon the island, with the ufual reftrictions; and fuch as fhall have M. Delatouche, the governor general, his leave.
Art. XVIII. The nobility fhall continue to enjoy all the privileges, and exemptions, which have always been granted them.Granted; fo that it is not inconfiftent with the British laws.
Art. XIX. The flaves that have been made free during the fiege, or to whom their freedom has been promifed, fhall be reputed and declared free, and they fhall peaceably enjoy their state of freedom. Granted.
Art. XX. The duties of the polltax, thofe of importation and exportation, and in general all the duties established in this ifland, fhall continue to be paid for the future, on the fame footing as heretofore. Answered in the 15th article.
Art. XXI. As it is fuitable to the glory and intereft of every prince whatfover to make it publickly known, that he honours with a special protection, all that bears the character of zeal, love, and loyalty VOL. V.
for its king, it has been agreed, that the things furnished to the colony on occafion of the fiege, either before or during the fame, fuch as provifions, utenfils, ammunition, arms, or money, fhall continue to be confidered as debts of the colony, just as they were, and ought to be, in its former flate; confequently, that the amounts of thefe fupplies fhall not ceafe to be reputed as debts of the colony itself, and which it must fatisfy, into whatfoever hands it may pafs, through the fortune of arms; that confidering the nature and quality of these debts, it is of his Britannic majefty's dignity to grant them all manner of protection; confequently, that they fhall be paid out of the first funds that' fhall arife, as well from the poll-tax, as from the duties of importation. and exportation on merchandizes that are liable to them. To which purpofe, the ftate of thefe debts fhall be fettled, and verified by M. Delareviere, intendant of the American Leeward iflands. Will be fettled by the generals on both fides, being foreign to the capitulation.
Art. XXII. In virtue of the fame" principle, and confidering the neceffity of speedily bringing provifions into this colony, it has likewife been agreed on, that fuch merchants of the town of St. Pierre, as by orders from the intendant M. Delareviere, have entered into measures and engagements, to bring over hither provifions from the neutral iflands, shall be permitted to fulfil their engagements, as well to fave them from the damage they would fuffer by it, as to procure to this ifland a more fpeedy fupply: confequently, two months fhall be granted them, from the day of figning [S]
these presents, to compleat their undertakings. But to avoid all abuses in this refpect, M. Delareviere shall give a note of the nature and quantity of provifions, which he had ordered to be procured from the neutrals and as he had promised and granted an exemption of all duties on this importation, the faid exemption fhall take place in the fame manner as it was promifed, and as it is actually practifed; being a profit in which the colony and the merchant have both their fhare.All fupplies whatever, that were engaged to be thrown into this inland by any neutral power, for the fupport of his moft Chriftian majefty's troops, and colony, will be deemed legal prize, if taken by his Britannic majefty's fhips; and all engagements with neutral powers for fuch a fupply, made before the reduction of the island, being void, no commerce for the future can be carried on but in British bottoms.
Art. XXIII. M. le Vaffor Delatouche fhall be allowed five of the inhabitants, whom he shall caufe to be put on board fuch of the veffels as are to tranfport his moft Chriftian majefty's troops. His reasons for this demand, are, that it imports all the powers not to grant any protection to any one who breaks through the allegiance and fidelity a fubject owes to his king.- -Cannot be allowed, as we have already granted them his Britannic majefty's protection.
Art. XXIV. M. Delareviere, intendant, and M. Guignard, commiffary comptroller of the marine, in this ifland, fhall be allowed time fufficient to fettle all the parts of their respective administration, and to do whatever is abfolutely neceffary in that refpect. A fhip, with
provifions, fhall afterwards be furnifhed, at the expence of his Britannic majefty, in order to convey to the Granades the faid intendant, his wife, children, secretaries, and fervants, with all their effects: the faid commiffary comptroller of the marine fhall go on board the fame fhip, and fhall be conveyed to the fame ifland.- Granted; afterwards to be fent to France. Art. XXV. The perfons employed in the adminiftration of the domaine of the marine, the claffes and the finances of this island, who fhall be willing to return to France, fhall be tranfported thither, with their effects, in the veffels, and at the charge of his Britannic majefty.
Art. XXVI. The public records fhall be again forthwith depofited in their proper places, and the go. vernor for his Britannic majesty fhall grant all protection in this refpect. They must be delivered to such persons as the general fhall appoint to receive them.
Art. XXVII. With regard to any papers of accounts, they fhall be again put into the hands of the proper accomptants, that they may be enabled to proceed to the ren dering of their accounts, and to vouch them by fuch pieces as are neceffary for their discharge.
Art. XXVIII. The inhabitants, merchants, and other private perfons, refident or not, fhall have leave to go to St. Domingo or Louifiana, with their negroes and effects in cartel fhips, at their own expence.Granted.
Art. XXIX. If any of the grenadier foldiers fhall have a mind to remain in the island, or to make their efcape, a protection and guard
hall be granted to prevent their deferting, and what remains of the faid grenadiers fhall be embarked compleat. Granted, except in particular cafes.
Art. XXX. The merchant-fhips belonging to the French traders in Europe, which are at this time in the harbours and roads of this ifland, fhall be preferved to their true proprietors, with the liberty of felling them, or of clearing them for France in ballaft. - Refufed to all privateers and fhips trading to diftant ports. Granted to fuch as trade to and from the different, ports of this ifland. At Martinico, February 13, 1762. LE VASSOR DELATOUCHE. Done at Fort Royal, in the island of Martinico, this 13th day of February, 1762.
Articles of capitulation agreed upon between Sir George Pocock, knight of the Bath, and the Earl of AL. bemarle; and the Marquis of Real Transporte, commander in chief of the fquadron of his Catholic majefty, and Don Juan de Prado, governor of the Havannah, for the Jurrender of the city, and all its dependencies, with all the Spanish fhips in the harbour.
FORT la Punta, and the Land
Gate fhall be delivered to his Britannic majefty's troops to-morrow morning, the 13th of Auguft, at 12 o'clock; at which time it is expected the following articles of capitulation fhall be figned and ratified.
Art. I. The garrifon, confifting of the infantry, artillery-men, and dragoons, the different militia of the towns In this ifland, fhall march out of the Land Gate the 20th inft. provided in that time no relief arrives, fo as to raise the fiege with all the military honours, arms shouldered, drums beating, colours flying, fix field-pieces with 12 pounders each, and as many rounds to each foldier; the regiments fhall take out with them the military chefts. And the governor fhall have fix covered waggons which are not to be examined upon any pretence whatsoever. The garrifon, confifting of the regular troops, the dragoons difmounted, (leaving their horfes for his Britannic majefty's fervice) in confidera tion of the gallant defence of the Moro fort and the Havannah, fhall march out of the Punta Gate with two pieces of cannon, and fix rounds for each gun, and the fame number for each foldier, drums beating, colours flying, and all the honours of war. The military cheft refused. The governor will be allowed as many boats as are neceffary to tranfport his baggage and effects on board the hips defined for him. The military without the town, as well as thofe within, to deliver up their arms to the British commiffary.