Art. IV. There shall in like manner be provided, at the charges of his Britannic majesty, a vessel and the necessary victualling, to carry to the Granades M. le Vassor Delatouche, commandant-general for his most Christian Majesty of the French Leeward Islands in America, his lady, and all persons with him, engaged in the king's service, or belonging to his household, and all their effects. - Granted, to France; the Granades being blocked up.

Art. V. M. de Rochemore, in spector of the fortifications and artillery in this island, shall in like manner be conveyed to the Granades, in the same ships with the persons in his retinue engaged in the service of the king, their domestics, and their effects.- Granted, to France.

Art. VI. There shall be made by two commissaries, who shall be named for that purpose, one of each nation, an exact inventory of all the effects which shall be found to belong to his most Christian majesty in the arsenals, in the magazines, upon the batteries, and in general of all the arms, utensils, and ammunitions of war, to be delivered up to the commanding officer of his Britannic Majesty. Granted.

Art. VII. Merchandizes, not be ing arms, nor munitions of war, which may be found lodged in the said magazines, or upon the said batteries, shall not be made a part of the said inventory, unless it be in order to their being restored to their true owners. ——— All military stores, and others employed as such, become his Britannic majesty's.

Árt. VIII. All the prisoners made during the siege, or at sea, before

the siege, of whatever nation and quality, shall be restored on either side; and those made in the citadel, if they be troops, shall follow the fortune of the other troops; and, if inhabitants, they shall follow the fortune of the other inhabitants.— The troops, according to the cartel; the inhabitants will be released upon the signing of this capitulation.

Art. IX. The free negroes and mulattoes made prisoners of war, shall be treated as such, and restored like the other prisoners, in order to their continuing to enjoy their liberty. All negroes taken in arms are deemed slaves. The rest granted.

Art. X. The Sieur Nadau Dutreil, de la Potterie, and Cornette, prisoners of state, shall be likewise conducted at the expence and in the ships of his Britannic majesty, to the island of the Granades, to be delivered into the hands of M. le Vassor Delatouche. .Messieurs de la Potterie and Cornette shall be delivered up when taken; but M. Nadau having had our promise (immediately upon his being made prisoner) to procure him a reasonable time to settle his affairs, he has three months from the date hereof for that purpose.

Art. XI. The island of Martinico shall remain in the hands of his Bri tannic majesty till such time as its condition shall have been determined by treaty made between the two powers, without the inhabitants being compelled, in any case, to take up arms, either against the king of France, or against his allies, or even against any other power.--They become subjects of his Britannic majesty, and must take the oath of allegiance; but shall not be oblig. ed to take up arms against his most

Chris

Christian majesty until a peace may determine the fate of the island.

Art. XII. All the inhabitants of Martinico, either present or absent, even those that are engaged in his most Christian majesty's service, as well as all religious houses and communities, shall be maintained and preserved in the possession and propriety of their real and personal estates, of their negroes, shipping, and generally of all their effects, whether the said real and personal estates and effects be actually in Martinico or in any other island; and the slaves which have been taken from them during the siege shall be restored to them. The inhabitants as well as the religious orders, will enjoy their properties; and, as they become British subjects, they will enjoy the same privileges as in his majesty's other Leeward Islands. In regard to the slaves, answered in the 9th article.

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Art. XIII. That boats or other vessels of Martinico, which are actually out at sea, or in neutral ports, whether they are equipped for war or not, shall be permitted to return into the ports and roads of this island, upon the declaration to be made by the owners thereof of their intending to send them immediate orders to return, and upon their giving personal security, that the said vessels shall make no attempt upon any English ship; in consideration of which declaration, passports shall be granted them, that they may return in all security.

Refused, as foreign to the capitulation; but any applications which may afterwards be made on this head, shall be considered according to the rales of justice and

of war.

Art. XIV. The inhabitants of Martinico shall freely and publicly exercise their religion; the priests, friars, and nuns, shall be maintained in the public exercise of their functions, and in the enjoyment of their privileges, prerogatives, and exemptions.Granted.

Art. XV. The superior as well as inferior judges, shall likewise be maintained in their functions, privileges, and prerogatives; they shall continue to administer justice to the inhabitants of this island according to the laws, ordinances, customs, and uses which have been followed hitherto: no foreigner shall be allowed to sit in the council as a judge: but if any place in the magistracy becomes vacant, the superior coun. cil of Martinico shall dispose of it provisionally only; and the person chosen by them shall perform the duties of it till the one or the other of the two courts shall otherwise settle it, after that the condition of Martinico shall have been fixed by a treaty between them. They become British subjects; but shall 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 island, as well as M. de Bouran, major-general, shall be conveyed to the Granades in the same vessel in which the royal grenadiers are to be embarked, together with their domestics and effects, as well as those of all the officers of the same corps. The said officers shall have leave to collect together their effects which are dispersed in divers parts of the island; and the necessary time for the recovery of

them,

them, shall be allowed them. Orders shall be given to the inhabit ants that are indebted to the officers of this corps, to pay them before their departure. The of ficers shall likewise be bound to discharge the debts they have contracted in the island. They shall be sent to France. The rest granted.

Art. XVII. All the land and seaofficers, who find themselves in the island, either on actual duty or with leave, shall have a year's time to settle all the affairs they may have there.- A proper time will be allowed to such as have estates upon the island, with the usual restrictions; and such as shall have M. Delatouche, the governor-general, his leave.

Art. XVIII. The nobility shall continue to enjoy all the privileges and exemptions which have always been granted them. Granted; so that it is not inconsistent with the British laws.

Art. XIX. The slaves that have been made free during the siege, or to whom their freedom has been promised, shall be reputed and declared free, and they shall peaceably enjoy their state of freedom. Granted.

Art. XX. The duties of the polltax, those of importation and exportation, and, in general, all the duties established in this island, shall continue to be paid for the future on the same footing as heretofore. Answered in the 15th article.

Art. XXI. As it is suitable to the glory and interest of every prince whatsoever, to make it publicly known, that he honours with a pecial 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 occasion of the siege, either before or during the same, such as provisions, utensils, ammunition, arms, or money, shall continue to be considered as debts of the colony, just as they were and ought to be in its former state; consequently, that the amounts of these supplies shall not cease to be reputed as debts of the colony itself, and which it must satisfy, into whatsoever hands it may pass, through the fortune of arms; that, considering the nature and quality of these debts, it is of his Britannic majesty's dignity to grant them all manner of protection; consequently, that they shall be paid out of the first funds that shall arise, as well from the poll-tax as from the duties of importation and exportation on merchandizes that are liable to them. To which purpose, the state of these debts shall be settled and verified by M. Delareviere, intendant of the American Leeward Is'ands.--Will be settled by the Generals on both sides, being foreign to the capitulation.

Art. XXII. In virtue of the same principle, and considering the necessity of speedily bringing provisions into this colony, it has likewise been agreed on, that such 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 provisions from the neutral islands, shall be permitted to fulfil their engagements, as well as to save them from the damage they would suffer by it, as to procure to this island a more speedy supply; consequently, two months shall be granted them, from the day of signing

these

these presents, to complete their undertakings. But to avoid all abuses in this respect, M. Delareviere shall give a note of the nature and quantity of provisions 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 said exemption shall take place in the same manner as it was promised, and as it is actually practised; being a profit in which the colony and the merchant have both their share. — All supplies whatever, that were engaged to be thrown into this island by any neutral power, for the support of his most Christian majesty's troops and colony, will be deemed legal prize, if taken by his Britannic majesty's ships and all engagements with neutral powers for such a supply, made before the reduction of the island, being void, no commerce for the future can be carried on but in British bottoms.

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Art. XXIII. M. le Vassor Delatouche shall be allowed five of the inhabitants, whom he shall cause to be put on board such of the vessels as are to transport his most Christian majesty'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 subject owes to his king.. Cannot be allowed, as we have already granted them his Britannic majesty's protection.

Art. XXIV. M. Delareviere, intendant, and M. Guignard, commissary comptroller of the marine in this island, shall be allowed time sufficient to settle all the parts of their respective administration, and to do whatever is absolutely necessary in that respect. A ship, with

provisions, shall afterwards be fur nished, at the expence of his Britannic majesty, in order to convey to the Granades the said intendant, his wife, children, secretaries, and servants, with all their effects: the said commissary comptroller of the marine shall go on board the same ship, and shall be conveyed to the same island. Granted; after

wards to be sent to France.

Art. XXV. The persons employed in the administration of the domaine of the marine, the classes and the finances of this island, who shall be willing to return to France, shall be transported thither, with their effects, in the vessels, and at the charge of his Britannic majesty. Granted.

Art. XXVI. The public records shall be again forthwith deposited in their proper places; and the go. vernor for his Britannic majesty shall grant all protection in this respect. They must be delivered to such persons as the general shall appoint to receive them.

Art. XXVII. With regard to any papers of accounts, they shall 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 such pieces as are necessary for their discharge.

Granted.

shall be granted, to prevent their deserting; and what remains of the said grenadiers shall be embarked complete. Granted, except in particular cases.

Art. XXX. The merchant-ships belonging to the French traders in Europe, which are at this time in the harbours and roads of this island, shall be preserved to their true proprietors, with the liberty of selling them, or of clearing them for France in ballast.—— Refused to all privateers and ships trading to distant ports. Granted to such as trade to and from the different ports of this island.

At Martinico, February 13, 1762. LE VASSOR DELATOUCHE. Done at Fort Royal, in the Island of Martinico, this 13th Day of February, 1762.

ROBT. MONCKTON.
G. B. RODNEY.

Articles of Capitulation agreed upon between Sir George Pocock, Knight of the Bath, and the Earl of Albemarle; and the Marquis of Real Transporte, Commander in Chief of the Squadron of His Catholic Majesty, and Don Juan de Prado, Governor of the Havannah, for the Surrender of the City and all its Dependencies, with all the Spanish Ships in the Harbour.

Preliminary Article.

Fort La Punta, and the LandGate, shall be delivered to his Britannic majesty's troops to-morrow morning, the 13th of August, at two o'clock; at which time it is expected the following articles of capitulation shall be signed and ratified.

Art. I. The garrison, consisting of the infantry, artillery-men, and dragoons, the different militia of the towns in this island, shall march. out of the Land Gate the 20th inst, provided in that time no relief arrives so as to raise the siege, with all the military honours, arms shouldered, drums beating, colours flying, six field-pieces, with 12 rounds for each, and as many rounds to each soldier. The regiments shall take out with them the military chests; and the governor shall have six covered waggons, which are not to be examined upon any pretence whatsoever.--The garrison, consisting of the regular troops, the dragoons dismounted (leaving their horses for his Britannic majesty's service) in consideration of the gallant defence of the Moro Fort and the Havannah, shall march out of the Punta Gate with two pieces of cannon, and six rounds for each gun, and the same number for each soldier, drums beating, colours flying, and all the honours of war.

The military chest refused. The governor will be allowed as many boats as are necessary to transport his baggage and effects on board the ships destined for him, The military without the town, as well as those within, to deliver up their arms to the British commis