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Unsuccessful Stratagem of Burgoyne.

Perilous Situation of two American Brigade.

Deserters from the British Army.

Thus the cloud of perils thickened around Burgoyne. He now abandoned all idea of saving his artillery and baggage, and saw no other mode of escape than a precipitate retreat. The provisions and other stores in his bateaux were captured or destroyed by the republicans, and from every direction he was galled by a desultory fire from cannon and small arms. So overwhelming was the number of the Americans, that to fight would be madness, and Burgoyne lost all hope of saving his doomed army.

But in the midst of all these perils and despondencies, a stratagem of the British commander, suggested by an erring apprehension on the part of General Gates, aided by the occurrence of a natural phenomenon, came very near being successful, and for a time greatly cheered the drooping spirits of the enemy. Rumor reached General Gates that the whole British army had moved toward Fort Edward, leaving only a small detachment, as a rear

guard, in defense of the camp. This rumor originated from the march of the detachment already mentioned, which was sent forward to Fort Edward. General Gates, therefore, determined to cross the Fish Creek on the morning of the 11th, fall in full force upon and crush the British rear-guard, and make a vigorous pursuit after the main body.

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By some means this determination of Gates's became known to Burgoyne, and he resolved to profit by the false rumor. He left a strong guard at the battery on the creek, and concealed his troops in the thicket, a few rods in the rear. In the morning the sky was cloudless, but a thick fog rested upon the whole country and obscured every object. This was hailed as a favorable event by both generals, Gates supposing that it would veil his inovements from the British rear-guard, and Burgoyne confidently believing that it would conceal his ambush, and that victory was now certain.

The brigades of Generals Nixon and Glover, and Morgan's corps, were ordered to cross the creek and fall upon the enemy's camp. Morgan advanced at about daylight, the fog being so thick that he could see but a few rods around him. He at once fell in with the British pickets, who poured in a volley upon him and killed a lieutenant and several privates. Morgan instantly conceived that the rumor was false, and that the enemy was in force near. At that moment Deputy Adjutant-general Wilkinson, who had been sent by Gates to reconnoiter, rode up, and, coinciding in opinion with Morgan, hastened to report to his commander the supposed peril of his corps. The brigades of Patterson and Learned were immediately dispatched to its support. Nixon and Glover were at the same time pressing forward to attack the camp, while the whole army advanced to the heights immediately south of the creek. Nixon crossed the creek to the plain, and surprised a picket guard at Fort Hardy; and Glover was about to follow him, when a British soldier was seen hastily fording the stream. He was captured, and professed to be a deserter. Glover questioned him, and was informed that the entire British army were in their camp, drawn up in order of battle. The general suspected him of untruth, and threatened him with instant death if he should deceive him. The soldier declared that he was an honest deserter, and solemnly affirmed the truth of his tale, which was soon confirmed by a German deserter, and by the capture of a reconnoitering party, consisting of

a subaltern and thirty-five men, by the advance guard, under Captain Goodale, of Putnam's regiment. The deserter was immediately sent with one of Glover's aids to General Gates, and information was forwarded to General Nixon, with urgent advice to halt. Satisfied of the deserter's truth, Gates revoked all the orders of the evening previous, and directed the troops to return to their respective positions. His headquarters were nearly a mile in the rear of his army, and his order

came almost too late to save the troops, who had GENERAL GATES'S HEADQUARTERS AT SARATOGA.

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1 This house is still standing. The view is taken from the road, a few rods southwest of the building.

Retreat of the Americans to their Camp.

Perplexity of Burgoyne.

A scattered Retreat proposed

already crossed the creek, from destruction, for the fog soon passed away and discovered them to the enemy, then in full view, and under arms upon the heights. Nixon, however, had retreated, and the cannonade opened upon him by the British took effect only upon the rear of his brigade.'

General Learned, in the mean while, with his own and Patterson's brigades, had reached Morgan's corps, and was pressing on rapidly to the attack when Wilkinson came up, not with a counter order from Gates, but with the intelligence that the right wing of the Americans had given way. The brave veteran disliked the idea of retreating, preferring to carry out the standing order of the previous day to the very letter; but, on counseling with Colonels Brooks and Tupper, and some other officers, a retreat was deemed advisable. As they turn ed, the British, who were awaiting an attack, opened a fire upon them; but the Americans were soon masked by the woods, and Morgan took post upon the flank and rear of the enemy. Thus, by the providential circumstance of a deserter flying to our camp, our army was saved from a terrible, perhaps fatal, loss; for, had the several brigades of Nixon, Glover, Learned, and Patterson been cut off, Burgoyne might have so much weakened the American army, and strengthened his own by the adherence of the now wavering loyalists and Indians, as to scatter the remainder of the Continental forces and reach Albany, the darling object of all his efforts. But the breath of the deserter blasted all his hopes, and the incident was, to use his own words, "one of the most adverse strokes of fortune during the campaign." Burgoyne now saw no way of escape. He sent out scouts toward the north, who reported the roads impassable and the woods swarming with republicans. The few Indians who had remained now left him, utterly disheartened; and the loyalists, feeling that their personal security would be jeoparded in case of a surrender, left the army every hour. It was proposed to make a scattered retreat, each soldier carrying in his knapsack provisions enough for two or three days, Fort George being the place of rendezvous; but such a step would be perilous in the extreme, for the Americans, apparently as numerous as the leaves upon the trees, and ever on the alert, would cut them off in detail. In battle, a fortunate circumstance might occur in their favor; but General Gates, assured that he had his enemy in his power, could not be induced to jeopard the lives of his troops by an engagement. Burgoyne's only hope rested upon aid from Clinton below. Not a word, however, could he get from that general; yet, clinging with desperation to every hope, however feeble, he resolved to await that succor quietly in his strong camp as long as his exhausted stores and a powerful enemy would allow.

Burgoyne's camp, upon the heights near the Fish Creek, was fortified, and, extending more than half a mile in the rear, was strengthened by artillery. On an elevated plain, northwest of the village of Schuylerville, his heavy guns were chiefly posted. Directly in his rear Morgan and his corps were stationed. In front, on the east side of the Hudson,

It is of wood, and has been somewhat enlarged since the Revolution. It was used by General Gates for his quarters from the 10th of October until after the surrender of Burgoyne on the 17th. It belonged to a Widow Kershaw, and General Gates amply compensated her for all he had, on leaving it. It is now well preserved. It stands on the east side of the Albany and Whitehall turnpike, about a mile and a half south of the Fish Creek. The Champlain Canal passes immediately in the rear of it; and nearly half a mile eastward is the Hudson River.

1 John Nixon was born at Framingham, Massachusetts, March 4th, 1725. He was at the siege of Louisburg in 1745, was captain in the provincial troops under Abercrombie at Ticonderoga, and was esteemed a valiant soldier during the whole of the French and Indian war. He took the patriot side when our Revolution broke out. He was one of the minute men at the Lexington battle, was at the head of a regiment in the battle of Bunker Hill, and was made a brigadier in the Continental army in August, 1776. He was then placed in command at Governor's Island, near New York. In the battle of Bemis's Heights a cannon-ball passed so near his head it impaired the sight of one eye and the hearing of one ear. count of ill health, he resigned his commission in 1780. He died March 24th, 1815, aged 90 years. The standing order was, "In case of an attack against any point, whether front, flank, or rear, troops are to fall on the enemy at all quarters."

3 Letter to Lord George Germain, dated Albany 20th, 1777.

On ac

the

Exposed Condition of the British Camp.

Relative Position of the two Camps.
Fellows, with three thousand troops, was strongly intrenched.

Burgoyne determines to Surrender

The main body of the Amer

ican army, under Gates, was on the south side of the Fish Creek; and in every direction small detachments of Continentals or republican militia were vigorously watching the enemy at bay.' Fort Edward was in possession of the Americans, and upon high ground in the vicinity of Glenn's Falls they had a fortified camp.

Burgoyne was completely environed, and every part of the royal camp was exposed to

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the fire of cannon and musketry. The soldiers slept under arms continually. There was not a place of safety for the sick, wounded, and dying, or for the women and children of the officers and soldiers. There was no secure place for a council. None dared go to the river for water, and thirst began to distress the camp. The desertions of the Indians and Canadians, the cowardice and disaffection of the loyalists, and the losses in killed and wounded, had so thinned Burgoyne's ranks, that his army was reduced one half, and a large proportion of those who remained were not Englishmen. There was not bread for three days in store, and of course none could be obtained. Not a word came from General Clinton, and Burgoyne was totally ignorant of his having made any movement up the Hudson. The last ray of hope faded away, and toward the even ing of the 12th the British commander held a council with Generals Reidesel, Phillips, and Hamilton. It was decided to retreat before morning, if possible; but returning scouts brought only hopeless intelligence respecting the roads and the strength of the enemy.

On the morning of the 13th Burgoyne called a general council of all officers, including captains of companies. Their deliberations were held in a large tent, which was several times perforated by musketballs from the Americans. Several grapeshot struck near the tent, and an eighteen pound cannon-ball swept across the table at which sat Burgoyne and the other generals. Their deliberations were short, as might be expected, and it was unanimously resolved to open a treaty with General It was a bitter pill for the proud lieutenant general, but

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Gates for an honorable surrender. there was no alternative.

1 By reference to the above map, the position of the two armies at this juncture will be more clearly understood. They held the same relative position until the surrender on the 17th.

The consideration of Americans for women was conspicuously displayed at this time. While every man who went to the river for water became a target for the sure marksmen of the Americans, a soldier's wife went back and forth as often as she pleased, and not a gun was pointed at her.

Terms proposed by Gates.

Proposition of Burgoyne to surrender his Troops.

Terms finally agreed upon.

Toward evening a flag was sent to General Gates, with a note, intimating that General Burgoyne was desirous of sending a field officer to him upon a matter of great moment to both armies, and wishing to know at what hour the next morning it would suit General Gates to receive him. The reply was, "At ten o'clock, at the advanced post of the army of the United States." Accordingly, Lieutenant Kingston, Burgoyne's adjutant general, appeared at the appointed hour and delivered the following note from his commander: "After having fought you twice, Lieutenant-general Burgoyne has waited some days in his present position, determined to try a third conflict against any force you could bring against him. He is apprized of your superiority of numbers, and the disposition of your troops to impede his supplies, and render his retreat a scene of carnage on both sides. In this situation, he is impelled by humanity, and thinks himself justified by established principles and precedents of state and war, to spare the lives of brave men upon honorable terms. Should Major general Gates be inclined to treat upon that idea, General Burgoyne would propose a cessa tion of arms during the time necessary to communicate the preliminary terms by which, in any extremity, he and his army mean to abide."

General Gates had already prepared a schedule of terms upon which he was willing to treat. It enumerated the distresses of the British army, and declared that they could only be allowed to surrender as prisoners of war, and that they must lay down their arms in their camp. Burgoyne replied, with spirit, that he would not admit that the retreat of his army was cut off while they had arms in their hands, and that the degrading act of laying down their arms within their own camp would not be submitted to. The latter condition was waived, and in the afternoon General Gates ordered a cessation of hostilities till sunset. Negotiations continued until the 16th, when every thing was agreed upon and adjusted, ready for the signatures of the contracting parties. This last act was to be performed on the morning of the 17th.

The substance of the "Convention between Lieutenant-general Burgoyne and Majorgeneral Gates," as the British commander superscribed it, was, 1st. That Burgoyne's troops were to march out of their camp with all the honors of war, the artillery to be moved to the verge of the Hudson, and there left, together with the soldiers' arms the said arms to be piled by word of command from their own officers; 2d. That a free passage should be granted the troops to Great Britain, on condition of their not serving again during the war; 3d. That if any cartel should take place by which Burgoyne's army, or any part of it, should be exchanged, the foregoing article should be void as far as such exchange should extend; 4th. That the army should march to the neighborhood of Boston by the most expeditious and convenient route, and not be delayed when transports should arrive to receive them, 5th. That every care should be taken for the proper subsistence of the troops till they should be embarked; 6th. That all officers should retain their carriages, horses, bat-horses, &c., and their baggage, and be exempt from molestation or search; 7th. That on the march, and while the army should remain at Boston (the port selected for their embarkation), the officers should not be separated from their men; 8th. That all corps whatsoever, whether composed of sailors, bateaux-men, artificers, drivers, independent companies, or followers of the army, of whatever country they might be, should be included in the fullest sense and to the utmost extent of the articles, and comprehended in every respect as British subjects, whose general had capitulated for them; 9th. That all Canadians and persons belonging to the Canadian establishment should be permitted a free return to Canada, should be conducted by the shortest route to the British posts on Lake George, should be treated in all respects like the rest of the army, and should be bound by the same conditions not to serve during the war, unless exchanged; 10th. That passports should be immediately granted for three officers, to carry Burgoyne's dispatches to General Howe at Philadelphia, to Sir Guy Carleton in Canada, and to the government of Great Britain by way of New York; 11th. That all officers, during their stay in Boston, should be admitted to parole, and from

This was to afford protection to the loyalists or Tories.

Message to Burgoyne from General Clinton.

Disposition of Burgoyne to withhold his Signature.

Laying down of Arms.

first to last be permitted to wear their side-arms; 12th. That if the army found it necessary to send for their clothing and other baggage from Canada, they should be permitted to do so, and have the necessary passports granted them; 13th. That these articles should be signed and exchanged on the following morning at nine o'clock, the troops to October 17. march out of their intrenchments at three o'clock in the afternoon. Appended

to these articles was an addendum or postscript, signed by General Gates, declaring that General Burgoyne, whose name was not mentioned in the above treaty, was fully comprehended in it.'

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FAC-SIMILE OF THE SIGNATURES OF BUrgoyne and GATES

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TO THE "CONVENTION."

During the night of the 16th Captain Campbell succeeded in eluding the American sentinels, and reached the British camp with dispatches from Sir Henry Clinton announcing his capture of the forts among the Hudson Highlands, and the expedition of Vaughan and Wallace as far up the river as Esopus. Here was a ray of hope, and Burgoyne felt disposed to withhold his signature from the "convention." General Gates was apprized of this, and of the cause which had excited new hopes in the British commander. He was better acquainted, too, with the threatening aspect below than Burgoyne, and he knew that "delays are dangerous." He drew up his army on the morning of the 17th in order of battle, and then sent a peremptory message to Burgoyne, that if the articles were not signed by him immediately, he should open a fire upon him. Under the circumstances, the terms were exceedingly humane and honorable; far more so than might be expected if the negotiation should be here broken off and again commenced. With reluctance Burgoyne subscribed his name, and preparations were immediately made for the ceremonies of surrender.

The British army left their camp upon the hills, and marched sorrowfully down upon the "green" or level plain in front of old Fort Hardy,' where the different companies were drawn up in parallel lines, and, by order of their several commanders, grounded their arms and emptied their cartridge-boxes. They were not subject to the mortification of thus submitting under the gaze of an exulting foe, for General Gates, with a delicacy and magna

A copy of these articles, said to be in the handwriting of General Gates, and signed by the two commanders, is in the possession of the New York Historical Society, from which the above fac-similes were copied.

Fort Hardy was situated at the junction of the Fish Creek with the Hudson River, on the north side of the former. It was built of earth and logs, and was thrown up by the French, under Baron Dieskau, in 1755, when Sir William Johnson was making preparations at Albany to march against the French on Lakes Champlain and George. It was abandoned by the French, and named by the English Fort Hardy, in honor of Sir Charles Hardy, who was that year appointed Governor of New York. The lines of the intrenchments of the fort inclosed about fifteen acres, bounded south by the Fish Creek and east by the Hudson River. This fort was a ruin at the time of the Revolution; yet, when I visited it (July, 1848), many traces of its outworks were still visible. Its form may be seen by reference to the map, page 77. Many military relics have been found near the fort, and I was told that, in excavating for the Champlain Canal, a great number of human skeletons were found. The workmen had, doubtless, struck upon the burial. place of the garrison.

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