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Articles of Capitulation Proposed by Major Charles Preston



Article 1st. All acts of hostility shall cease on both sides, till the articles of capitulation shall be agreed upon and signed.

Answer. Agreed.

Article 2d. The garrison shall be allowed all the honours of war, and suffered to proceed with their baggage and effects to the most convenient post in America; from thence to embark for Great Britain, as soon as they shall be furnished with transports and provisions by his Excellency General Gage, or Commander-in-Chief of His Majesty' s Troops in America.

Answer. The garrison shall march out with the honours of war; this is due to their fortitude and perseverance. The non-commissioned officers and privates shall ground their arms on the plain south of the fort, and immediately embark on board such boats as shall be provided for that purpose. The officers shall keep their side arms, and their fire-arms shall be put up in a box, and delivered to them when those unhappy disputes are ended, if they do not choose to dispose of them before. The garrison must go to Connecticut Government, or such other Province as the honourable the Continental Congress shall direct; there to remain till our unhappy differences shall be compromised, or till they are exchanged. Our prisoners have been constantly treated with a brotherly affection; the effects of the garrison shall not be withheld from them.

Article 3d. An officer or Quartermaster from each Corps shall be allowed to pass to Montreal, upon parole of honour; there to transact and settle the business of his respective Corps, and to bring up their baggage, clothing, and pay; for which purpose they shall be furnished with carts and batteaus.

Answer. Agreed to in the fullest latitude.

Article 4th. The Canadian gentlemen, inhabitants, and other persons residing in this Province, and now in St˙ John' s, shall be permitted to return unmolested to their respective homes, with their arms and baggage, and remain secure in their property and effects.

Answer. Answered in the second article; the Canadian gentlemen and others being part of the garrison.

Article 5th. The sick and wounded shall be taken proper care of, and permitted to join their respective Corps, or return to their respective homes, upon their recovery.

Answer. The sick and wounded shall be taken care of by their own Surgeons, and when recovered follow their respective Corps.

Article 6th. As soon as the above articles shall be signed, Major Preston will deliver up the forts, with the ammunition, provisions, &c.

Answer. To-morrow morning, at eight o' clock, the garrison will march out, having first collected their baggage and effects together in a convenient place for embarkation, and leaving a guard for its protection; the officers must be upon honour, with respect to their baggage. Should any Canadian or other person effect his escape, his baggage shall be given as plunder to the troops. The Quartermaster-General, with proper Commissaries, will attend at eight o' clock, to receive the artillery, ammunition, naval stores, &c.

The deserters from the Continental Army shall not be included in the stipulation for the garrison. The commanding officer to sign and deliver the articles of capitulation by sunset this evening.


Major 26th Reg' t, comd' g at St˙ John' s.

St˙ John' s, November 2, 1775.