The garrison was utterly dispirited, and unwilling to fight.  The officers were even more anxious to surrender than the men, and, on the fleet approaching the walls Ramesay obeyed Vaudreuil’s orders, and surrendered.  Townshend granted favourable conditions, for he knew that Levis was approaching, and that his position was dangerous in the extreme.  He therefore agreed that the troops and sailors of the garrison should march out from the place, with the honours of war, and were to be carried to France, and that the inhabitants should have protection in person and property, and free exercise of religion.

The day after the capture of Quebec, James Walsham returned on board ship.  The thought of Richard Horton, awaiting the court martial, which would assuredly award him the sentence of death for his treachery, was constantly in his mind.  He remembered the conversation between Captain Peters and the admiral, and General Wolfe’s words:  “I should say, keep as careless a watch over him as possible,” and he determined, if possible, to aid him in making his escape, confident that, in the general exultation at the success of the enterprise, no one would trouble greatly about the matter, and that the admiral would be only too pleased that an inquiry should be avoided, which could but end in the disgrace and execution of a naval officer.

James was relieved when, on his arrival, he found that Richard Horton was still in confinement, for he feared that he might have carried out the other alternative spoken of by the admiral, and might have committed suicide.

“Captain Peters,” he said, going up to that officer, “I should be obliged if you would give me an order to see Lieutenant Horton.”

“Can’t do it, my lad.  The admiral’s orders are precise.  Nobody is to be admitted to see him, without an order signed by himself.”

James accordingly sought the admiral’s cabin.

“What do you want to see him for, eh?” the admiral asked.

James hesitated.  He would not tell an untruth in the matter, and yet he could think of no excuse which could answer, without doing so.

“I want to see him, sir, to have some conversation with him.”

“Ah!” the admiral said, looking at him keenly.  “Conversation, eh!  You are not going to take him a pistol, or poison, or anything of that sort, to help him to put an end to his wretched existence?”

“No, indeed, sir,” James said warmly.

“Humph!  You are not thinking, I hope,” he said, with a twinkle of the eye, “of helping him to escape?”

James was silent.

“Well, well,” the admiral said hastily, “that’s not a fair question to ask.  However, I will tell you in confidence that, if he should escape, which is the most unlikely thing in the world, you know, no one would be particularly sorry, and there would be no great fuss made about it.  Everyone in the navy here would feel it cast a slur upon the service if, at a time like this, a naval officer were tried and shot for treachery.  However, if it must be it must.