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“ 2d. A free passage to be granted to the army under Lieutenant General Burgoyne to Great Britain, on condition of not serving again in North America during the present contest; and the port of Bosion is assigned for the entry of transports to receive the troops, whenever General Howe shall so order.

66 3d. Should any cartel take place, by which the army under General Burgoyne, or any part of it, may be exchanged, the foregoing article to be void as far as such exchange shall be made.

« 4th. The army under Lieutenant General Burgoyne, to march to Massachusetts Bay, by the easiest, 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 the transports arrive to receive them.

« 5th. The troops to be supplied on their march, and during their being in quarters, with provisions, by General Gates's orders, at the same rate of rations, as the troops of his own army; and if possible the officers' horses and cattle are to be supplied with forage at the usual rates.

66 6th All officers to retain their carriages, batt-horses and other cattle, and no baggage to be molested or searched ; Lieutenant General Burgoyne giving his

l honour that there are no publick stores secreted therein. Major General 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.

67th. Upon the march, and during the time the army shall remain in quarters in 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 rank, and are not to be hindered from assembling their men for roll call and other necessary purposes of regularity.

“8th. All corps, whatever, of General Burgoyne's army, whether composed of sailors, batteauxmen, artificers, drivers, independent companies, and followers 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.

6 9th. All Canadians, and persons belonging to the Canadian establishment,consisting of sailors, batteauxmen, 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 are to be bound by the same condition of not serving during the present contest in North America.

6 10th. Passports to be immediately granted for three officers not exceeding the rank of captains, who shall be appointed by Lieutenant General Burgoyne, to carry despatches to Sir William Howe, Sir Guy Carleton, and to Great Britain, by the way of NewYork; and Major General Gates engages the publick faith, that these despatches shall not be opened. These officers are to set out immediately after receiving their despatches, and are to travel the shortest route, and in the most expeditious manner.

* 11th. During the stay of the troops in Massachusetts Bay, the officers are to be admitted on parole, and are to be allowed to wear their side arms.

6 12th. Should the army under Lieutenant General Burgoyne find it necessary to send for their clothing and other baggage to Canada, they are to be permitted to do it in the most convenient manner, and the necessary passports granted for that purpose.

“ 12th. These articles are to be mutually signed and exchanged to-morrow morning, at 9 o'clock, and the troops under Lieutenant General Burgoyne are to march out of their entrenchments at 3 o'clock in the afternoon.

(Signed) HORATIO GATES, Major General.

(Signed) J. BURGOYNE, Lieutenant General. Saratoga, Oct. 16th, 1777.

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

HORATIO GATES." The brass artillery captured from Burgoyne at various times during the campaign, amounted to 42 pieces, constituting one of the most elegant trains ever brought into the field; 5000 stand of arms, 6000 dozen of cartridges, and a number of ammunition wagons,

a travelling forges, shot, carcasses, shells, &c. also fell into the hands of the Americans. The whole number of troops surrendered by the convention amounted to 5,763, which added to the number killed, wounded, and captured, in the several actions previ. ous to the 17th October, amounting to near 5000, makes Burgoyne's total loss upwards of ten thousand men.

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We have been thus particular in relating the circumstances of this surrender, as they came under the knowledge of one who bore a large share in the transactions, not only because the account was in itself interesting, but because we shall have occasion hereafter to refer to some of its minutest facts, to explain the various reports which grew out of it, to the prejudice of both the Generals. On the morning of the 17th the troops of Burgoyne were marched out of their camp to the plain near the river, where their arms were deposited; and the victorious Americans took possession of their lines.

CHAPTER IV.

Events of 1777 continued.-Conduct of the British up the Hudson

They retire to New York.-General Gates's letter to General Vaughan-Anecdote of a SpyMovements of Washington and Sir William Howe-Attack on Fort Mercer, and gallant defence of it by Colonel Greene.Enemy establish themselves on Province Island-Heroick determination of Colonel Smith, and the garrison of Fort Mifflin-Gallant conduct of Major Thayer Mud Island evacuated Lord Cornwallis is sent against Red Bank-Fort Mercer abandoned— Americans compelled to destroy their galliesSir William Howe moves towards White Marsh-Skirmish there-returns to Philadelphia-Washington goes into winter quarters at Valley forge. Distresses of the American army.

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The little band of Americans who garrisoned Forts Montgomery and Clinton, being driven from those posts by the overwhelming force of Sir Henry Clinton, and having demolished Fort Constitution and burnt their two ships, without authority, retired with Governour Clinton to Butter hill. Here this brave and patriotick officer, used every exertion to collect a sufficient force to stop the further progress of the enemy. But the situation of General Gates's army prevented any reinforcement being sent from that quarter; and though the militia from Connecticut came in in large numbers, they deserted almost as soon as they arrived, so that there was nothing to obstruct the progress of Sir Henry to Albany, if he had been inclined to profit by the advantages which he had gained. Instead of pursuing his course up the river, however, he sent General Vaughan and Sir James Wallace, with a squadron of light frigates, and 8,600 men, to

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