as will prevent the necessity of opening my batteries on the Town. When I consider the dreadful consequences of a bombardment, the distress that must attend a fire, (at this season especially,) when it is too late to repair the damage which must ensue, how many innocent people must suffer, and that the firm friends of liberty must be involved in one common rain with the wicked tools of despotism, my heart bleeds at the dire necessity which compels me to distress that unfortunate city. I conjure you, by all the ties of humanity, to take every possible step to soften the heart of the Governour; for he, if he be sincere in his professions to the people committed to his charge, must commiserate their condition. In vain will he persist in a resistance, which can only be attended with misery to the inhabitants, and with lasting disgrace to his own humanity.

I am, Gentlemen, with earnest wishes for the success of your negotiation, your most obedient servant,

RICHARD MONTGOMERY,
Brigadier-General, Continental Army.

P. S. I have just heard it has been falsely and scandalously reported, our intentions are to plander the inhabitants. I have only to appeal to your own observation, whether such a proceeding be consistent with our conduct since we have entered this Province.

Articles of Capitulation made and entered into between RICHARD MONTGOMERY, Esq., Brigadier-General of the Continental Army, and the Citizens and Inhabitants of MONTREAL, represented by the subscribers, JOHN PORTEOUS, PIERRE PANET, JOHN BLAKE, PIERRE MEZTERE, JAMES FINLAY, ST. GEORGE DUPREE, JAMES MCGILL, LOUIS CARRIGNANT, RICH’D HUNTLY, FRANCOIS MATHIOT, EDWARD WILLIAM GREY, and PIERRE GUY, duly elected for that purpose.

Article 1st. That the citizens and inhabitants of Montreal, as well individuals as religious orders and communities, without any exceptions, shall be maintained in the free possession and enjoyment of their rights, goods, and effects, moveable and immoveable, of what nature soever they may be.

Article 2d. That the inhabitants, French and English, shall be maintained in the free exercise of their religion.

Article 3d. That trade, in general, as well within the Province as in the upper countries, and parts beyond the seas, shall be carried on freely as heretofore, and passports shall be granted for that purpose.

Article 4th. That passports shall also be granted to those who may want them for the different parts of this Province or elsewhere, on their lawful affairs.

Article 5th. That the citizens and inhabitants of the Town and suburbs of Montreal shall not be compelled, on any pretence whatever, to take up arms against the Mother Country, nor to contribute, in any manner, towards carrying on war against her.

Article 6th. That the citizens and inhabitants of the Town and suburbs, or any other part of the country, who have taken up arms for the defence of this Province, and are taken prisoners, shall be set at liberty.

Article 7th. That courts of justice shall be established for the determination of property, and that the judges of the said courts shall be elected by the people.

Article 8th. That the inhabitants of the Town shall not be subjected to lodge troops.

Article 9th. That no inhabitants of the country, or savages, shall be permitted to enter the Town until the commandant shall have taken possession, and provided for the security thereof.

JOHN PORTEOUS,	PIERRE PANET,
R. HUNTLY,	MATHIOT,
JOHN BLAKE,	CARRIGNANT,
EDWARD W. GREY,	MEZIERE,
JAMES FINLAY,	ST. GEORGE DUPREE,
JAMES MCGILL,	GUY.

Montreal, November 12, 1775.

I do hereby certify that the above Articles were presented to me, to which I have given the following answer:

The City of Montreal, having neither ammunition, artillery, troops, nor provisions, and having it not in their power to fulfil one article of the treaty, can claim no title to a capitulation.

The Continental Army have a generous disdain of every act of oppression and violence; they are come for the express purpose of giving liberty and security. The General therefore engages his honour to maintain in the peaceable enjoyment of their property, of every kind, the individuals and religious communities of the City of Montreal.

The inhabitants, whether English, French, or others, shall be maintained in the free exercise of their religion.

The present unhappy contention, between Great Britain and her Colonies, puts it out of his power to engage for freedom of trade to the Mother Country; nor can he make a general promise of passports; as far as it may consist with the safety of the troops and the publick good, he shall be happy to promote commerce, and, for that purpose, promises to grant passports for the upper countries when required.

The General hopes to see such a virtuous Provincial Convention assembled, as will enter, with zeal, into every measure that can contribute to set the civil and religious rights of this and her sister Colonies on a permanent foundation. He promises, for himself, that he will not compel the inhabitants of the Town to take up arms against the Mother Country, or contribute towards the expenses of carrying on the present war.

The Continental Army came into this Province for its protection; they therefore cannot consider their opposers as taking up arms for its defence.

’Tis not in the General’s power to engage for the return of prisoners; motives of humanity will induce him to use his interest for their return to their families, provided it can be done without endangering the publick safety.

Speedy measures shall be taken for the establishing courts of justice upon the most liberal plan, conformable to the British Constitution.

The inhabitants shall not be burdened with troops, but when necessity requires it; of which necessity the General must be judge.

The inhabitants of the country, and savages, shall not enter the Town till the guards are posted.

To-morrow morning, at nine o’clock, the Continental Troops shall take possession of the Recollect Gate. The proper officers must attend, with the keys of all publick stores, upon the Quartermaster-General at nine o’clock, at the Recollect Gale.

This engagement is understood and declared to be binding on any future commanding officer of the Continental Troops that may succeed me in this district.

RICHARD MONTGOMERY,

Brigadier-General, Continental Army.

Montreal, November 12, 1775.

Ticonderoga, November 16, 1775.

SIR: You having signified to me that you are willing to continue in the Army of the United Colonies, raised for defence of American liberty, and for repelling every hostile invasion thereof, in the rank you now hold, I do therefore, by virtue of the power given me by the honourable Continental Congress, appoint you a Captain in their Army, and that you will be allowed the like pay that you have hitherto served for, unless they should please to augment it; and whereas it is necessary that you should immediately raise a Company, to consist of seventy-two men, non-commissioned officers and privates included, I do therefore empower and direct you to promise to every man that you shall enlist the same pay that was allowed to the troops raised in the Colony of Connecticut for the present campaign, and also that they shall be clothed, the particulars of which it is not in my power to determine, as I am not furnished with an account of them by the honourable Congress; that they shall be allowed one-twelfth of a dollar per day, for their subsistence, until they arrive at such place where provisions can be issued to them. If any man brings his own arms, such arms shall be valued; and if lost in the service, unless through the negligence of the owner, they shall be paid for them; and such as are not lost shall have the same allowance made for the use of them as was allowed by the Colony of Connecticut to the troops raised therein for the present campaign.