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" 5th. All publick stores, artillery, arnis and ammunition, carriages, horses, &c. must be delivered to commissioners appointed to receive them.

6 6th. These terms being agreed to and signed, the troops under his Excellency General Burgoyne's command, may be drawn up in their encampment, when they will be ordered to ground their arms, and may thereupon be marched to the river side, to be passed over in their way towards Bennington.

667th. A cessation of arms to continue till sunset, to receive General Burgoyne's answer.”

Major Kingston, upon reading these propositions, at once declared that they could not be submitted to, and was extremely averse to be the bearer of them to General Burgoyne, but General Gates insisted, and humiliating as was the office, the Major was compelled to take them to the General. On the evening of the same day, he returned with Burgoyne's answer to the propositions of Gates, and the preliminary articles proposed by himself.

To the 1st proposition Burgoyne replied : “ Lieutenant General Burgoyne's army however reduced, will never admit that their retreat is cut off, while they have arms in their hands.” 3d. “ This article is answered by General Burgoyne's first proposal, which is hereunto annexed.” 4th. “ There being no officer in this army under, or capable of being under, the description of breaking parole, this article needs no answer.” 5th. “ All publick stores may be delivered arms excepted.6th. This article inadmissible in any extremity; sooner than this army will consent to ground their arms in their encampment, they will rush on the enemy determined to take no quarter." The following message accompanied these answers : “ If General Gates does not mean to recede from the

1st. and 6th. articles of his proposals, the treaty to end, and hostilities immediately to commence.” Having thus answered Major General Gates's proposals, General Burgoyne offered on his part the preliminary articles which follow; all of which, with a slight modification of the 1st. and 5th. were agreed to by General Gates.

“ 1st. The troops to march out of their camp with the honours of war, and the artillery of the intrenchments, which will be left as hereafter may be regulated.

“ 2d. A free passage to be granted to this army, to Great Britain upon condition of not serving again in North America during the present contest, and a proper post to be assigned for the entry of transports to receive the troops, whenever General Howe shall so order.

“ 3d. Should any cartel take place by which this army or any part of it may be exchanged, the foregoing article to be void as far as such exchange shall be made.

« 4th. All officers to retain their carriages, batt, horses and other cattle, and no baggage to be molested or searched, the Lieutenant General giving his honour, that there are no publick stores secreted therein. Major General Gates will of course take the necessary measures for the security of this article.

6 5th. Upon the march the officers are not to be separated from their men, and in quarters the officers are to be lodged according to rank, and are not to be hindered from assembling their men for roll callings, and other necessary purposes of regularity.

"6th. There are various corps in the army composed of sailors, batteąuxmen, artificers, drivers, in

dependent companies, and followers of the army, and it is expected that those persons of whatever country, shall be included in the fullest sense and utmost ex. tent of the above articles, and comprehended in every respect as British subjects.

“7th. All Canadians and persons belonging to the establishment in Canada, to be permitted to return there.

6 8th. Passports to be immediately granted for three officers, not exceeding the rank of Captain, who shall be appointed by General Burgoyne to carry despatches to Sir William Howe, Sir Guy Carlton, and to Great Britain by way of New-York, and the publick faith to be engaged that these despatches are not to be opened.

“9th. The foregoing articles to be considered only as preliminaries for framing a treaty, in the course of which others may arise to be considered by both parties, for which purpose it is proposed, that two officers of each army shall meet and report their deliberations to their respective Generals.

“ 10th. Lieutenant General Burgoyne will send his Deputy Adjutant General to receive Major General Gates's answer, to-morrow morning at 10 o'clock."

To the 9th article General Gates affixed the following answer—" The capitulation to be fiuished by 2 · o'clock, this day, the 15th, and the troops march from

their encampment at 5, and be in readiness to move towards Boston to-morrow morning." These preliminary articles and their answers being sent to General Burgoyne, produced the immediate return of his messenger with the following note.

66 The eight first preliminary articles of Lieutenant General Bur

goyne's proposals, and the 2d, 3d, and 4th of those of Major General Gates of yesterday, being agreed to, the formation of the proposed treaty is out of dispute, but the several subordinate articles and regulations necessarily springing from these preliminaries, and requiring explanation and precision, between the parties, before a definitive treaty can be safely executed, a longer time than that mentioned by General Gates in his answer to the 9th artiole, becomes indispensably necessary

Lieutenant General Burgoyne is willing to appoint two officers immediately to meet two others from Major General Gates to propound, discuss, and settle those subordinate articles, in order that the treaty in due form may be executed as soon as possible.

N. B. Major Kingston has authority to settle the place for the meeting of the officers proposed.”

To the request contained in this note General Gates consented; and Brigadier General Whipple, of the militia, and Deputy Adjutant General, Colonel Wilkinson, were appointed on his part, to meet Lieutenant Colonel Nicholas Southerland, and Captain James H. Craig, both of the 47th, on the part of General Burgoyne. The meeting took place on the afternoon of the 15th, and the parties mutually agreed upon, signed, and exchanged articles of capitulation. But this term, it seems, did not suit the delicacy of General Burgoyne : capitulation meant rather more than he was willing to think his situation required; and on the night of the 15th, a few hours after the meeting had broken up, Colonel Wilkinson received the following note from one of the party, which as it afterwards appeared, had been written without the knowledge or consent of the other. Sir, Upon reporting

the proceedings of this evening to Lieutenant General Burgoyne, I was happy to receive his approbation of and ready concurrence in every article that has been agreed on between us; it however appears upon a retrospect of the treaty, that our zeal to complete it expeditiously has led us into the admission of a term in the title very different from his meaning, and that of the principal officers of the army who have been consulted on this important occasion. We have, Sir, unguardedly called that a treaty of capitulation which the army means only as a treaty of convention. W the single alteration of this word, Lieutenant Colonel Southerland and myself will meet yon at the stipulated time to-morrow morning, with the fair copy signed by General Burgoyne.

5 I hope, Sir, you will excuse my troubling you so late, but I thought it better than by my delay to prevent the conclusion of a treaty which seems to be the object of both parties, and which may prevent the further effusion of blood between us. I beg your immediate answer, and am, &c. &c.” signed, James Henry

, &. Craig.

General Gates made no objection to this substitution of the term convention for capitulation, and the treaty was supposed to be at an end. The whole army had been apprised of the negotiation, and it was universally believed that Burgoyne must submit to surrender upon any terms. The consequence was, that several regiments of militia, whose terms of service had expired, left the camp without permission, and returned home; the whole army had given themselves

up

to indolence and carelessness, and it is doubtful whether an attack at this moment might not have changed the circumstances of the two armies very much

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