The New Hampshire Gazette

ARTICLES of Capitulation between their Excellencies General Barrington, & John Moore,
Esqrs; Commanders in Chief of his Britannick Majesty's Land and Sea Forces in these Seas.
And the Inhabitants of the Island of Guadaloupe, represented by Messrs. Debourg De Clainvilliers, and Duquezey, by Virtue of full Powers to them given for that Purpose, and authorized by Monsieur Nadau Dutreil, Knight of
the Royal and Military Order of St. Louis,
Governor of this Island.

I.
The Inhabitants shall march out
of their Posts with all the Honours
of War, viz. with two field
pieces, their Arms, Colours flying, Drums
beating, and lighted Match.
Granted, in Consideration of the brave defence,
made by the Inhabitants during the Attack of
three Months. Upon Condition that they lay
down their Arms, so soon as they have marched
by our Troops, and that all the Forts, Posts,
Batteries, Cannon, Mortars, Firelocks, Bay-
onets, with all kind of Ammunition and Im-
plements of War, be delivered to a Commissary
to be named by us, and that we shall have a
Power of fixing Garrisons in all such Places
as we shall think proper.

II. The Inhabitants of the Island of Mar-
tinique, Mariegalante, and Dominique, who
came to the assistance of this Island, shall have
leave to retire with their Arms, and Baggage,
and a Ship shall be provided to carry them
and the Servants they brought with them, to
their respective Islands with Provisions for
their Passage.
Granted, excepting those from Mariegalante,
who shall be sent to Martinique.

III. The Inhabitants shall be allowed the
Free and Public exercise of their Religion,
the Priests and Religious shall be preserved
in their Parishes, Convents, and all other
Possessions, and the Superiors of the several
Orders shall be permitted to send for such
as they think necessary from France and
the neighbouring Islands, but all Letters on
this Occasion, shall be transmitted by the
Governor, appointed by his Britannick Ma-
jesty.
Granted.

IV. They shall observe a strict Neutrality,
and not be forced to take up Arms against
his most Christian Majesty or any other
Power.
Granted, on Condition that they take an Oath
within a Month, or sooner if possible, to main-
tain all the Clauses of the Capitulation, as well
as to remain exactly and faithfully Neuter.

V. They shall be allowed their Civil
Government, their Laws, Customs and Or-
dinances, Justice shall be administered by the
same Persons who are now in Office, and
what relates to the Interior police of the
Island, shall be settled between his Britan-
nick Majesty's Governor and the Inhabitants.
and in case this Island shall be ceded to the
King of Great-Britain at the Peace, the In-
habitants shall have their Choice either to
keep their own political Government, or to
accept that which is established at Antigua
and St. Christopher's.
Granted: But when any Vacancies happen in
the Seats of Justice, the Superior Council of the
Island is to name proper Persons to fill up those
Vacancies, who must receive their Commissions
from his Britannick Majesty; and all Acts of
Justice whatsoever are to be in His Name. But
in Regard to any Change in the Political Govern-
ment, We grant it, if agreeable to His Majesty's
Pleasure.

VI. The Inhabitants as well as the Reli-
gious Orders shall be maintained in the pro-
perty and enjoyment of their Possessions and
Goods moveable and immoveable, noble and
ignoble of what nature soever they may be,
and shall be preserved in their Privileges,
Rights, Honours and Exemptions, and free
Negroes and Mullatos their Liberty.
Granted.

VII. They shall pay no other duties to
his Britannick Majesty, but such as they
have hitherto paid to his most Christian Ma-
jesty without any other Charges, or Imposts,
the Expences attending the Administration
of Justice, the Pensions to Curates and other
Customary Charges, shall be paid out of the
Revenues of his Britannick Majesty, in the
same manner as under the Government of
his most Christian Majesty.
Granted, but if this Island is ceded to his Bri-
tannick Majesty at the Peace, it shall be subject
to the same Duty and Imposts as the other English
Leeward Islands the most favoured.

VIII. All Prisoners taken during the At-
tack of this Island, shall be mutually ex-
changed.
Granted.

IX. The free Mulattoes and Negroes,
who have been taken, shall be considered as
Prisoners of War, and not treated as Slaves.
Granted.

X. The Subjects of Great-Britain, who
have taken Refuge in this Island, whether
Criminals or Debtors, shall have leave to
retire.
Granted.

XI. No other but the Inhabitants actually
residing in this Island shall possess any Lands
or Houses by purchase, grant or otherwise
before a Peace. But if at Peace this Island
should be ceded to the King of Great-Britain.
then such of the inhabitants as do not choose
to live under the English Government, shall
be permitted to sell their Possessions, Move-
abies and immoveables, to whom they will,
and retire wherever they please, for which
purpose there shall be a reasonable Time
allowed.
Granted, but such of the Inhabitants as choose
to retire shall have leave to sell to none but Sub-
jects of Great-Britain.

XII. In case there should be any exchange
at the Peace, their Britannick and Most Chris-
tian Majesties are desired to give the Prefer-
ence to this Island.
This will depend on his Majesty's Pleasure.

XIII. The Inhabitants shall have Liber-
ty to send their Children to be Educated in
France, and to send for them back, and to
make Remittances to them whilst there.
Granted.

XIV. The absent Inhabitants and such
as are in the Service of his Most Christian
Majesty, shall be maintained in the enjoy-
ment and property of their Estates which
shall be managed for them by Attornies.
Granted.

XV. The Wives of Officers and others
who are out of the Island, shall have leave to
retire with their Effects, and a Number of
Servants suitable to their Rank.
Granted.

XVI. The English Government shall
procure for the Inhabitants an Exportation
for such Commodities as the Island produces,
and are not permitted to be imported into
England.
Granted, as the Island produces nothing but
what may be imported into England.

XVII. The Inhabitants shall not be ob-
liged to furnish Quarters for the Troops
nor Slaves to work on the Fortification.
Granted, but Barracks will be provided as soon
as possible for the Lodgment of the Troops, and
such Negroes who shall be employed with the Con-
sent of their Masters on public Work, shall be paid
for their Labour.

XVIII. The Widows and other Inha-
bitants who through Illness, Absence, or any
other Impediment, cannot immediately Sign
the Capitulation shall have a limited Time
allowed to Accede.
Granted. But all the Inhabitants who choose
to partake of the Advantage of the Capitulation,
shall be obliged to sign it within a Month from
the Date hereof, or quit the Island.

XIX. The Men belonging to the Priva-
teers and others who have no property in
the Island, and are desirous to leave it, shall
have Vessels to carry them to Martinico and
Dominique at their Option, and shall be
furnished with Provisions for the Passage, ne-
vertheless those Persons who have any Debts
with the Inhabitants of this Island, shall be
obliged to settle their Accounts with them
before they depart.
Granted.

XX. The Inhabitants shall have Liberty
to give Freedom to such Negroes as they
have promised it to, for the Defence of this
Island.
Granted, on Condition that they are immedi-
ately sent off the Island.

XXI. The Inhabitants and Merchants
of this Island, included in the present Capi-
tulation, shall enjoy all the Privileges of
Trade, and upon the same Conditions as
are granted to His Britannick Majesty's Sub-
jects thro'out the Extent of his Dominions.
Granted; but without affecting the Privileges
of particular Companies established in En-
gland, or the Laws of the Kingdom, which pro-
hibit the carrying on of Trade in any other than
English Bottoms.

XXII. The Deputies of the Grand Ter-
re, not having a sufficient Power to sign the
Capitulation, though the Colony adheres to
the Conditions of it, under the Authority of
M. Nadau, may sign it when they have their
full Powers, and they will be comprehended
in all the Clauses of it.
Granted.

GIVEN at the Head-Quarters in the
Capesterre, Guadaloupe, the First Day of
May 1759.
F. Barrington.
John Moore.
Nadau Dutreil.
Debourg de Clainvilliers
Dequezey.

WE the Deputies of the Grand Terre,
arrived this Day with full Powers, do con-
sent to the Capitulation signed the first of
this Month between their Excellencies the
Honourable General Barrington and John
Moore, Esqrs; and the Inhabitants of Guada-
loupe, agreeable to the Twenty-second
Article of the said Capitulation.
Done at the Head-Quarters in the Capesterre,
Guadaloupe, the 2d Day of May, 1759.
Duhaye de Galyheon.

Articles of Capitulation between their Excel-
lencies the Honourable Major-General Barring-
ton, and John Moore, Esqrs; Commanders in
Chief of His Britannick Majesty's Land and
Sea Forces in these Seas, and M. Nadau Dutreil,
Governor of his Most Christian Majesty, of
Guadaloupe, Grand Terre, Basse Terre, and the
Saintes
We the Governor, Staff and other
I.
Officers of the regular Troops,
shall march out of our Posts
with one Mortar, two Field-
pieces of Brass Cannon, with ten
Rounds for each Piece, Arms, Baggage, and
the Honours of War.
Granted, Except the Mortars; and as to the
Cannon, we will allow only four Rounds for each
Piece; and on Condition that the Troops of His
Britannick Majesty shall take Possession of the
different Posts at the Three Rivers, and the
Hospital, To morrow Morning, the Second of May,
at Eight o'Clock; and that all the Magazines of
Provisions, Ammunition, and Implements of War,
as well as all Papers relating to the Revenue, be
delivered into the Possession of a Commissary to
be named by us for that Purpose.

II. That we shall be sent to Martinico
in a good Vessel, well provided, and by the
shortest Passage.
Granted.

III. That the Commissary general, Officers of Justice. Admiralty: and all such as have the King's Commission, shall likewise be sent to Martinico in a good Vessel, well provided, and by the shortest Passage.

Granted only for the Commissary-General, and the Officers of the Admiralty, and refused to the others.

IV. That the Staff and other Officers shall have Leave to take with them their Wives and Children to Martinico; and shall have a good Vessel, well provided, to carry them by the shortest Passage.

Granted.

V. That the Staff and other Officers shall have the same Number of Servants granted them as were allowed by the most Christian King, viz. to the Governor, Twenty-four; to the Commissary-General, Twenty-four; to the Lieutenant Governor, Eighteen; to the Fort-Major, Fifteen; to the Captains, Twelve each; to the Lieutenants, Eight each; and the Ensigns, Six each.

Granted.

VI. That it shall be allowed to all the Officers that have Estates in this Colony, (except to me the Governour, unless the King permits me also) to appoint Attornies to act for them until the Peace; and if the Island is not then ceded, the above-mentioned Officers shall have Leave to sell their Estates, and carry off the Produce.

Granted.

VII. That a good Vessel shall be allowed to the Lady of M. Dutriel, Lieutenant-Governor General of the Island, and Captain of one of the King's Ships, to carry her to Martinico, with her Equipage, Furniture, Plate, and Servants, suitable to her Rank; and also to the Governor's Lady, and the Wives and Widows of the Staff Officers of this Island.

Granted: One Vessel for all the Ladies.

VIII. That M. de Folleville, Lieutenant-Governor of Martinico, shall have a good Vessel to carry him and his Volunteers thither, by the shortest Passage, with only such Arms, Baggage, and Servants, as they brought with them.

Granted.

IX. That the Sieur Avril, of Dominico, and his Detachment, shall be sent thither with their Arms and Baggage.

Granted.

X. That the Prisoners, Soldiers, and Sailors, shall be mutually exchanged.

Granted.

XI. That all the Negroes who were enlisted and continued to the last Day of the Attack, in the Companies of Bologne, Petit, Dumolier, and Ruby, agreeable to the List that will be given in of them, shall have their Freedom at the Expence of the Colony, as by Agreement.

Granted, upon Condition that they are immediately set off the Island.

XII. That the Men belonging to the Privateers, who desire to go to Martinico, shall have a Vessel to carry them thither.

Granted.

XIII. That there shall be a reasonable Time allowed for removing the Furniture, Effects, and Cloaths, that are in the Reduit, or other Places, belonging to the Persons who are to be sent to Martinico; and that his Excellency General Barrington, shall grant his Protection for the safe Conveyance of the above-mentioned Effects to the Place of Embarkation.

Granted.

XIV. That there shall be a Hospital-ship Provided for the Wounded and Sick that are not in a Condition to be removed; and that the rest shall be taken Care of, and sent with a Flag of Truce to Martinico, as soon as they are recovered.

Granted: Those that remain here shall be taken Care of at the Expence of his Most Christian Majesty.

XV. That all Subjects, formerly belonging to the King of Great Britain, who for Crimes were forced to fly their Country, and have carried Arms in this Island, shall be pardoned, and allowed to remain in this Island as Inhabitants.

They must go out of the Island.

XVI. That the same Honours and Conditions shall be granted to the King's Troops in the Grand Terre, as are given to those in Guadaloupe.

They shall have neither Mortar nor Cannon.

XVII. That the Troops at the Head of the Reduit, as well as those at the Three Rivers, shall march to the Post of the Camp of la Garde, and to remain there until the Day of their Embarkation.

The Transport Ships shall be at the Great Bay To-morrow Morning to receive the Troops of the Garrison, the Privateers Men, and those who are to pass to Martinico.

I. BARRINGTON.
J. MOORE.
Nadau Dutrell.