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message, requiring their general to sign; and allowed him na 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 lives, and deposited their arms at the place apa pointed 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. sed

When the arms was deposited agreeable to treaty, the roval 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 licutenant-general Burgoyne. and, major-general Gutes. 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 intrench. ments to the verge of the river where the old ført 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. Burgoyné to Greato Britain, 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, may be exchanged, the foregoing article to be void, as far as such exchange shall be made :-*. The ariny 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.

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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 husor, 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 circunstances will adınit, to be separated from their men 'The officers are to ba quartered according to their rank, and are not to be hindred from assembling their men for roll-call. ings, 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 include ed 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 sup. plied 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 en gages 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 :-)1. 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 lieut. gen. But.

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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. Bura goyne's name not being mentioned in the above treaty, majoin general 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 Nôrthamptori regiments went off the day before the fiag came out from Burgoyne. Another regiment took itself away while the treaty was in agitation. But the fate of the army will contfirin the truth of what its commander wrote to lord George Germain, “August the 201h, the great-bulk of the country is undoubtedly with the congress in principle and zeal." When after the convention the officers went into the Aincrican camp, they were surprised; and some of then said, that of all the camps they liad 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 himn of 10 officers present-145 commissionedithe staff 26-sergeants and drummers 297_rank and file 2901---in all 3379 : this added to the Germans, makes 5*991, The American account, to show what was the sum total of the royal army acting in the northern department against the country, goes on to reckon, the sick taken 928-the wounded 528-pris. oners 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 probably full 10000 strong, including Canadians and provincials and exclusive of Indians, drivers, suttlers, &c. . Among the prisoners taken were six members of parliainent. * The train of brass artillery was a fine acquisition; it consisted of 3 twenty-four pounders-4 twelves-20 sixes-6 threeseight inch howitzers---5 five and a half royal dittomand 3 five önd a haif inch royal mortars-in all, 42 pieces of ordnance.-There were 46+7 muskets--6000 dozens of cartridges, beside shot, carcasses, cases, shells, &c.

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- Burgoyne was desirous of a general return of the army con manded by Gates at the time of the convention. The latter uge 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 41:29, 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 tire business to Şir 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 Æsopus, a fine village, as you would call it; but on this side the Atlantic, a good town. Upon Vaughan's landing the troops, the Ameria cans, being too weak to niake resistance, abandoned their bata tery of three guns, after spiking theni. They left the town inmediately 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 waș a tame speetator of the barbarity, but only for want of a sufficient force to attack the enemy. This seemingiy 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; Æsopus 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 Ælopus when Vaughan approached it, informed me of these particulars, Sept. 29, 1783, at his house in Morris county, New Jersey.

'to oppose'even open boats on the river ; why then did not the boats proceed immediately to Albany? Had Clinton gone forward, Burgoyne's armıy had been saved. Putnain could not have crossed to Albany. The army amused themselves with burning

Æsopus, and the houses of individuals on the river's bank." - While the British were mancuvreing in and about the North3 River, doing mischief to individuals, without serving their own

cause in the least, gen. Gates had express upon express, urging him to send down troops to oppose the enemy. On the 14th he wrote to governor Clinton, “I have ordered the command. ing officer at Fort Scuyler to send Van Schaak's regiment without delay to Albany--desired brigadier-general Gansevoort to repair to that city, and take the command of all the troops that may assemble there--and have sent down the two Æsopus regiments, the Tryon county inilitia, and most of the militia of Albany county." But he would not weaken his hold of Burgoyne by any detachment of continentals from his own army ve of New-England militia. The New-York state. militia, that ilpaired to the governor to assist the inhabitants, did as much mischief as the enemy, the burning of houses and other buildings excepted. It is too much the case of all militia, that when they march to the assistance of their countrymen against a common enemy they do the former a great deal of damage. The laxness of their discipline, and their unreasonable claims, of indulgences from those whom they are to protect, made them expensive and disageeable guests.

When the convention troops began their march to Boston, the Americans lined the hill and road on each side. They expected to have met with many insults while passing through this centre of them, supposed to be between 11 and 12 thousand; but to ilicir great surprise, not even the least gesture was made .us of by way of insult. When they had marched on, Gatos pushed the army forward, with the utmost expedition, to stop die cruel career of the British up the North-River. Upon the approach of the Americans Vauglian and Wallace retired to New-York. · It will be some days, before the vessel for France with the news of Burgoyne's fate, can sail ; which admits of my adding to the present letter, destined to go by that conveyance, some other matters proper for insertion.. :: The Rev. Mr. Duche, formerly the chaplain of congress, made an attempt, by writing, on the patriotism of gen. Washington; nothing more need be said of the transaction than what the general has done, in a letter of October the 16th, ------- To Mr. Duche's ridiculous illiberal performance I made a very short re.* See the Loyaliose Letters.

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