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sion, the serenity would have been varied ; for Gates instead of admitting the cannonade, would rather have ordered minue guns. to have been fired in honor to the deceased ; and could he have: gained in time the knowledge of what was going forward, would undoubtedly have silenced the former. - General Gates previous to the action, posted 1400 Americans on the heights opposite the ford of Saratoga, and 2000 in the rear to prevent a retreat to Fort Edward; afterward on the 8th, he posted 1500 at the ford higher up. Gen. Burgoyne, having, received intelligence of it, and apprehending that Gates meant to turn his right, which when effected would have enclosed him. completely resolved on an immediate retreat to Saratoga. . The army began to move at nine o'clock at night and the movement, was made without loss; but the hospital with the sick and wounded, was necessarily abandoned. In this instance, as well as in. everv other which occured in the course of these transactions, Gates behaved with such attention and humanity, to all whom the fortune of war threw into his hands, as does honor to his, character. The badness of the roads, and the starving condition. of the cattle for want of forage, together with one incessent rain, like a continued thunder shower from about eight in the morning of the 9th till long after the day closed, and other difficulties, prevented the army’s reaching Saratoga though ino more that about six miles distant, before night, and then worn down with, excessive fatigue. During the rain a body of militia continued their march, and got in above Gates’ army, but some way below Fort Edward. Gates being informed of their arrival ordered them immediately to the fort. They arrived there the next .# early, about two or three hours before a detachment sent off by Burgoyne to possess that post could get up to it... The detachment finding it occupied by the Americans, returned Imuch dispirited. - o: When the royal artillery and army had passed the fords of the Fish-kill creek, a little to the northward of Saratoga on the morning of the 10th, they found a body of Americans already arrived, who retired at their approach over a ford of Hudson’s-River, and there joined agreaterforce stationed to prevent the passage of the British. No hope remained, but that of effecting a retreat at last to Fort George. Artificers were sent, forward to repair the bridges: but they were not long departed from the camp with a strong escort, when the sudden appearance of the Americans, on the 9pposite heights, with an apparent preparation to pass the Fishkill, and bring on an engagement, rendered it necessary to rer call the 47th regiment, and Frazers's marksmen—these with M’koy's provincials formed the escort. The workmen had only

c6tntr4ericed the repair of the first bridge, when they were abandoned by their provincial guard, who ran away and left them to shift for themselves, upon a slight attack, of.an inconsiderable party of Americans.

On the morning of the 11th of October, gen. Gates called the general officers together, and informed them of his having received certain iiitelligejice, which mightbe depended upon, that the main body of Burgoyne's army was marched off for Fort Edward with what they could take, and that a rear guard only was left in the eamp, who after a while were to push off as fast as possible, leaving the heavy baggage behind. On this it was concluded to advance and attack the camp in half an hour. The officers repaired immediately to their respective commands. Gen. Nixon's,, being the eldest brigade, crossed the Saratoga creek, first. Unkflown to the Americans, Burgoyne had a line formed behind a parcel of brush wood, to support the post of artillery, where the others meant to. make, their attack. Gen. Glover was upon the point of following Nixon. Just as he entered the water, he saw.

British soldier making across, whom he called and examined. The soldier said he had deserted, that he belonged to the bullock," guard (the guard placed over the cattle) and that he was going tu the Americans. Glover asked him about Burgoyne's army. The soldier answered, It is encamped the same as days past. Glover told him—" If you are found attempting to deceive me, vou shall be hung in half an hour; but if you speak nothing but the troth, you shall be protected, and meet with good usage.'* He then asked him—" Have not numbers been sent off to Fort Edward? J he deserter replied—" A small detachment was sent, off a day or two ago, but are returned on finding the passes occupied by the Americans, and the whole army is now in camp.'* Glover, though the junior officer to Nixon, sent off immediately to him, to desist and recross the creek ajld at the same time dispatched his aid-deTcamp, with the deserter behind him on horse-back to Gates; who having examined the soldier, hurried away the aid-de-camp, the adjutant general and others, to countermand the former orders and prevent the attack. Gen. Nixon, 6pon Glover's message retreated; but before he had recrossed, Che fog cleared off, and the rear of the brigade was galled by the enemy's caiinon, which killed several of his men. Before the orders from gen. Gates arrived, the British deserter's information was confirmed by like intelligence from aGerman deserter.* Glover'si message was received by Nixon in the critical moment; a quarter of an hour later would probably have proved fatal to his

* Cracril Glover's information given me at B„f.or>, M»rch j8,1785.
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whole brigade, and given a turn to affairs in favor of the royal army. On incidents of this kind may depend the rise and fall of mighty kingdoms, and the far distant future transfer of powers glory, and riches, of arts and sciences, from Europe to America. Are they blind unmeaning casualties Qr are they the directorderings of a Divine Being, for the establishment of his own purs pose, by a superintending Providence, and the jarring devices of mortals - . . . . . -- ~ * Gates after a victory acknowledged in general orders a Pro4 vidence, but did not presume upon it, so as to neglect the dietates of human prudence. That he might secure all the advantages of the successful action on the 7th, he applied to the New-Hampshire assembly for more troops. . The speaker, John Langd esq. upon receiving the application, immediately j the assembly should adjourn, and that as many of the members as could, should set off directly as volunteers for the camp, taking with them all the men they could collect: which was agreed to and done by himself and others. - * . . . In the course of the above transactions, large quantities of baggage, provision, boats, &c. were taken by both the contimentals and milita. The latter were extremely eager after pluna der; and even robbed the former, as opportunity offered, of what they had secured, and made sale of it for their own advan. tage. The irregularities in this business were so gross, that the American commander, on the 12th, gave out in general orders —“The general sees so many scandalous and mean transactions; committed by persons who seek more after plunder than the hos nor of doing their duty in a becoming and soldier-like manner, that he is obliged to declare his unalterable resolution, to have the first person who shall hereafter be detected pillaging the bag; gage and stores taken from the enemy, tried and punished with the utmost severity of the military law. Officers, who know their duty and have virtue to practise it, will not be seeking plunder, when they ought to be doing their best service in tha field; it is only the worthless and the pilfering that are so truly infamous. For the fature, all plunder taken from the enemy is to be delivered to lieut. Col. Hay, deputy-quarter-master general who is to give a receipt for the same, and after three days publić notice in general orders, it shall be sold by auction in the most central place in the rear of the army and the money for which the plunder is sold, shall be properly and fairly divided, to such persons as in the impartial judgment of the general, have a right to receive a share : when there is a sum sufficient to divide among the non-commissioned officers and soldiers of the whole army, they may be assured of such having their just quota.” I

It is believed, that gen. Burgoyne when upon the point of retreating, said to major Skeen to this purport—" you have been the occasion of getting me into this difficulty, now advisa me how to get out of it,"—referring to the advice the major gave Mi re ration to the-Bennington expedition.; and that the major answered—" scatter your baggage, stores and every tiling else %hat{can be spared, ,at proper distances ; and the militia will be so> engaged jn collecting and securing the same, that the troops will have an opportunity of getting clear off." The major certainly knew the east of the militia; and if military honor and other circumstances, had admitted of trying the proposed expedient, it might have succeded ; for though gen. Gates had the continentals under good discipline, it would have been next to im-» possible for hrm to have prevented the militia's being taken in by the hopes of immediate gain.

• Burgoyne was at length reduced to the necessity of conforming »n a degree to the expedient. The only measure that appeared practicable for the escape of the army, though difficult: and dangerous, was by a night march to gain Fort Edward, the troops dairying their provisions on their backs. The impossibility of conveying, in their present situation,, the artillery and carriages, was too evident to admit of a question. It was pro* posed to force the fords at or near the fort. But all hops of effecting this manoeuvre soon failed. The Americans who had been ordered there, were too strongly posted. Beside, they made a discovery, which they greatly improved. Below the fort, close in with the river, they found trie appearance of se grave, with an inscription on a board-t—r-lhre lies the body qf lieutenant——. They were at a loss what it-should mean—* On searching, they discovered- three boats, instead of a body.--** These the enemy had concealed Having none of their own; they by the help of them sent scouting parties across the riverj which by falling into a track a mite and a half beyond, discouraged the enemy's parties from attempting an escape that way—* A continental captain, on furlough for his health being at hand and thoroughly acquainted with the woods, collected a number, of men together, and went off six miles further, where he ibil in with another track, just in time to prevent a large corps of Canadians and others getting off by the some. Perceiving them asthey advanced, he concealed his men till they were near enough, and then gave them a volley, attended with yells, shouts, and other sounds, which put them into such confusion, that they fled back to Burgoyne's camp, with the report that th® woods are filled with thousands of Americans. The certain intelligence that was.received, the flying reports that- wen*.

spread,' spread, and the various circumstances that existed, rendered the state and situation of the royal army deplorably caianitous. They had been obliged for some days to lie continuatiy 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 generais, 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 Cates, 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 past 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 fide 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.t. 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

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