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spread, and the various circumstances that existed, rendered the state and situation of the royal army deplorably calamitous. They had been obliged for some days to lie continually upon

their arms.

On the 13th, gen. Burgoyne finding that the troops had only three days provision in store, on short allowance, and no apparent means of retreat remaining, called into council all the generals, field-officers, and captains commanding corps. There was not a spot of ground in the whole camp for holding the council of war, but what was exposed to cannon or rifle shot. While the council was deliberating, an eighteen pound ball crossed the table. By the unanimous advice and concurrence of the council, the general was induced to open a treaty with gen. Gates. The first proposals of the latter were rejected, and the sixth article with disdain, wherein it was required that the British army should lay down their arms in the entrenchments. Burgoyne's counter-proposals were unanimously approved; and being sent to Gates, were agreed to on the 5th, without any material alteration. The proposals not being signed by either party, and captain Campbell returning in the night of 16th to Burgoyne, with the news of the reduction of Fort Montgomery and other intelligence, the general submitted it to consideration, whether' it was consistent with public faith, and if so, expedient to suspend the execution of the treaty, and trust to events. The opinion of different officers was asked, in regard to the condition of their respective corps, and what might be expected from them severally in desperate cases. Some entertained doubts of part of the troops, if the negociation ceased; and others of a greater part for want of bodily strength, if desperate enterprises were to be afterward undertaken. The majority of the council determined, that the public faith was bona fule plighted.* Burgoyne, from the intelligence brought in the night by Campbell, entertained a slight hope of remote relief, and accordingly gave his voice against the majority; but the majority having determined differently, the concurrence for signing the treaty was unanimous. Gates, jealous lest the signing would be unnecessarily delayed, and fearful of the consequences which might follow, should gen. Vaughan, with his troops, come up in time to Burgoyne's assistance, determined upon bringing the matter to an immediate issue. On the morning of the 17th, he got every thing in readiness for attacking the royal army. This done, he took out his watch, the time agreed upon for signing being come; sent col. Greaton, on horseback, to Burgoyne, with a

*Earl of Balcarras in the house of commons,

+ Idem.

message,

message, requiring their general to sign; and allowed him no more than ten minutes to go and return. He was back in time. The treaty was signed: all hostile appearances ceased, and the Americans marched into their lines, to the tune of Yankee Doodle. They were kept there until the royal army had marched out of their lines, and deposited their arms at the place appainted by the treaty.

The delicacy with which this business was conducted, reflects the highest honor upon the American general. It intimated, that he was sensible of the mortification attending a reverse of fortune; and that he was unwilling to aggravate the painful feelings of the royal troops, by admitting the American soldiery to be eye-witnesses to the degrading spectacle of piling their arms. His humanity and politeness are the more praise-worthy, as some late, as well as former circumstances, had highly enraged the militia. The extraordinary and severe measures pursued upon the North-River by the British, and to be related below, might also have afforded too much colour for a different mode of conduct.

When the arms was deposited agreeable to treaty, the royal troops were served with bread by the Americans, as they had neither any left nor flour to make it. They had only one day's salt meat remaining.

The treaty is stiled-A convention between lieutenant-general Burgoyne and major-general Gates. The articles follow: 1. The troops under lieut. gen. Burgoyne, to march out of their camp with the honors of war, and the artillery of the intrenchments to the verge of the river where the old fort stood, where the arms and artillery are to be left. The arms to be piled by word of command from their own officers:-2. A free passage to be granted to the army under lieut. gen. Burgoyne to GreatBritain, upon condition of not serving again in North-America during the present contest; and the port of Boston to be assigned for the entry of transports, to receive the troops, whenever gen. Howe shall so order :-3. Should any cartel take place, by which the army under lieut. gen. Burgoyne, or any part of it, anay be exchanged, the foregoing article to be void, as far as such exchange shall be made :-4. The army under lieut. gen. Burgoyne is to march to Massachusetts-Bay, by the easiest and most expeditious and convenient route; and to be quartered in, near, or as convenient as possible to Boston, that the march of the troops may not be delayed when transports arrive to receive them-5. The troops to be supplied on the march, and during their being in quarters, with provisions, by major-general Gates's orders, at the same rate of rations as the troops of his own army; VOL. II.

LI

and,

and if possible, the officers horses and cattle are to be supplied with forage at the usual rates :-6. All officers, to retain their carriages, bat-horses, and other cattle, and no baggage to be molested or searched; lieut. gen. Burgoyne giving his honor, that there are no public stores contained therein. Major-gen. Gates will of course take the necessary measures for the due performance of this article should any carriages be wanted during the march, for the transportation of officers baggage, they are, if possible, to be supplied by the country at the usual rates:-7. Upon the march, and during the time the army shall remain in quarters, in the Massachusetts-Bay, the officers are not, as far as circumstances will admit, to be separated from their men. The officers are to be quartered according to their rank, and are not to be hindred from assembling their men for roll-callings, and other necessary purposes of regularity:-8. All corps whatever of lieut. gen. Burgoyne's army, whether composed of sailors, batteaux men, artificers, drivers, independent companies, and fowlers of the army, of whatever country, shall be included in the fullest sense and utmost extent of the above articles, and comprehended in every respect as British subjects-9. All Canadians, and persons belonging to the Canadian establishment, consisting of sailors, batteaux-men, artificers, drivers, independent companies, and many other followers of the army, who come under no particular description, are to be permitted to return there: they are to be conducted immediately, by the shortest route to the first British post on Lake George, are to be supplied with provisions in the same manner as the other troops, and to be bound by the same condition of not serving during the present contest in North-America:-10. Passports to be immediately granted for three officers, not exceeding the rank of captains, who shall be appointed by lieut. gen. Burgoyne, to carry dispatches to Sir Wm. Howe, Sir Guy Carleton, and to GreatBritain by the way of New-York; and major-general Gates engages the public faith, that these dispatches shall not be opened. These officers are to set out immediately after receiving their dispatches, and are to travel by the shortest route, and in the most expeditious manner -11. During the stay of the troops in the Massachusetts-Bay, the officers are to be admitted on parole, and are to be permitted to wear their side arms :--12. Should the army under lieut. gen. Burgoyne find it necessary to send for their clothing and other baggage from Canada, they are to be permitted to do it in the most convenient manner, and necessary passports to be granted for that purpose:-13. These articles are to be mutually signed and exchange to-morrow morning at nine o'clock; and the troops under licut. gen. Bur

goyne,

goyne, are to march out of their entrenchments at three o'clock in the afternoon. Camp at Saratoga, October 16, 1777.

HORATIA GATES, Major General.

To prevent any doubts that might arise from lieut. gen. Burgoyne's name not being mentioned in the above treaty, majorgeneral Gates hereby declares, that he is understood to be comprehended in it as fully as if his name had been specifically men

tioned.

HORATIA GATES.

Such was the impatience of some of the militia to return home before the royal army had been brought to surrender, and so little their concern to be spectators of the event, that one of the Northampton 1egiments went off the day before the flag came out from Burgoyne. Another regiment took itself away while the treaty was in agitation. But the fate of the army will confirm the truth of what its commander wrote to lord George Germain," August the 20th, the great bulk of the country is undoubtedly with the congress in principle and zeal." When after the convention the officers went into the American camp, they were surprised; and some of them said, that of all the camps they had ever seen in Germany or elsewhere, they never saw any better disposed and secured.

The return signed by gen. Burgoyne, of the foreigners at the time of the convention, amounted to 2412.. The British consisted according to him of 10 officers present-145 commissioned--the staff 26-sergeants and drummers 297-rank and file -2901--in all 3379: this added to the Germans, makes 5791. The American account, to show what was the sum total of the roval army acting in the northern department against the country, goes on to reckon, the sick taken 928-the wounded 528-prisoners of war before the convention 400-deserters 300-lost at Bennington 1220-killed between the 17th November to the 18th of October 600-taken at Tyconderoga 413-killed in gen. Herkimer's battle about 300-making in all 4689. According to this way of reckoning, the royal force was 10480. It was prohably full 10000 strong, including Canadians and provincials and exclusive of Indians, drivers, suttlers, &c. Among the prisoners taken were six members of parliament.

The train of brass artillery was a fine acquisition; it consisted of 2 twenty-four pounders-4 twelves-20 sixes-6 threes-2 eight inch howitzers-5 five and a half royal ditto--and 3 five and a half inch royal mortars-in all, 42 pieces of ordnance.--There were 46+7 inuskets-6000 dozen of cartridges, beside shot, carcasses, cases, shells, &c.

Burgoyne

Burgoyne was desirous of a general return of the army com manded by Gates at the time of the convention. The latter un derstood him, and was careful not to lessen the return by sup pressing a single man. The continentals, all ranks included, were 9093 the militia 4129, in all, 13222; but of the former, the sick on furlough were 2103; and of the latter, 562. The number of the militia was continually varying; and many of them were at a considerable distance from the camp.

We now enter upon the retaliation of the measures pursued by the British below Albany. You have been told what were the sentiments of gen. Putnam, on the 9th, as to their sailing up to within sixteen miles of the American camp, before removed from the neighborhood of Stillwater. Sir H. Clinton, however, instead of pushing up the river, intrusted the business to Sir James Wallace and gen. Vaughan. The latter had under him 3600 men. Sir James commanded a flying squadron of light frigates, accompanied with the necessary appendage of barges, batteaux and boats, for landing the troops, and all other movements. By the 13th they reached Kingston alias Esopus, a fine village, as you would call it; but on this side the Atlantic, a good town. Upon Vaughan's landing the troops, the Americans, being too weak to make resistance, abandoned their battery of three guns, after spiking them. They left the town immediately for their own safety, without firing from the houses upon the British. Vaughan, however, was told that Burgoyne had actually surrendered ;* and the town was doomed to the flames. The whole was reduced to ashes, and not a house left standing. The American governor Clinton was a tame spectator of the barbarity, but only for want of a sufficient force to attack the enemy. This seemingly revengeful devastation was productive of a pathetic but severe letter from gen. Gates (then in the height of victory) to gen. Vaughan. The latter with a flood tide might have reached Albany in four hours: there was no force to have hindered him. When he burnt Livingston's upper mills, had he proceeded to Albany and burnt the American stores, Gates, as he himself has declared, must have retreated into New-England. The royalists may justly remark upon the Occasion "Why a delay was made of seven days after Clinton had taken the forts we are ignorant of. The highland forts were taken the 6th of October; Esopus was burnt the 13th; Burgoyne's convention was signed the 17th. There was no force

Mr. James Beekman, an eminent merchant belonging to New York, and who quitted opus when Vaughan approached it, informed me of these particulars, Sept. 29, 1783, at his houfe in Morris county, New Jersey.

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