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Bar. 6 thirty-two pounders; 4 twenty-four-pounders; 169 eighteen-pounders.

Grape quilted. 12 thirty-two-pounders; 84 eighteen-pounders ; 20 twelve-pounders; 110 eight-pounders; 8 four-pounders.

Fixed with powder for twelve-pounders.
Small iron for cafe. 4 cwt.

II cafe; 9 grape.

Cartridges paper filled. 65 eight-pounders.
Sponges of forts, 36.

Ladles ditto, 9.
Wadhooks, 15.

Aprons of lead, 9.

Linstocks, 6.

Budge barrels, 2.

SAM. CLEVELAND, Brigadier-Gen.

Note 72. Lofs fuftained by the Enemy at the Battle of Brandy

9 pieces of cannon.

wine.

A Major Bush, and a number of inferior officers killed; and upwards of a thousand men killed and wounded.

Note 73. Lift of the Squadron on the Newfoundland Station, under the command of Rear-Admiral John Montagu.

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Note 74. Lift of the Squadron at the Leeward Islands, under the command of Vice-Admiral James Young..

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26th. Lieutenant Delhunty, wounded.

52d. Lieutenant-Colonel Campbell, killed; Lieutenants Grofe, Ruffel, Enfign Thomas, wounded.

57th. Capt. Brownlow, wounded.

63d. Major Sill, Lieutenant Wrixen, killed; Captains Nesbitt, Jones, wounded.

71ft. Lieutenant M'Kenzie, killed; Lieutenant Frazer, wounded. Loyal Americans. Enfign Ward, wounded.

New York Volunteers. Major Grant, Enfign M'Donnel, kil

led.

N. B. Count Graboufkie, a Polish Nobleman acting as Aid du Camp to Lieutenant-general Clinton, killed, not included in the above return.

Notes 64, 65, and 66. Result of the Council of War held by Lieutenant-General Burgoyne, and an account of the strength of his Army, which surrendered at Saratoga, Oct. 17. 1777.

PRESENT.

Lieutenant-General Burgoyne, Major-General Philips, Major-General Reidefel, and Brigadier-General Hamilton.

The Lieutenant-general states to the Council the present situation of affairs.

The enemy in force, according to the best intelligence he can obtain, to the amount of upwards of fourteen thousand men, and a confiderable quantity of artillery, are on this fide the Fish-kill, and threaten an attack. On the other fide the Hudfon's River, between this army and Fort Edward, is another of the enemy, the numbers unknown; but one corps, which there has been an opportunity of obferving, is reported to be about fifteen hundred men. They have likewife cannon on the other fide Hudson's River, and they have a brigade below Saratoga church, by which these two armies can communicate.

The batteaux of the army have been destroyed, and no means appear of making a bridge over the Hudfon's River, were it even practicable from the pofition of the enemy.

The only means of retreat, therefore, are by the ford at Fort Edward, or taking the mountains, in order to pafs the river higher up by rafts, or by another ford, which is reported to be practicable with difficulty, or by keeping the mountains, to pass the head of Hudfon's River, and continue to the Weftward of Lake George all the way to Ticonderoga; it is true, this last paffage was never made but by Indians or very small bodies of men.

In order to pass cannon or any wheel carriages from hence to Fort Edward, fome bridges must be repaired under fire of the enemy from the oppofite fide of the river; and the principal bridge will be a work

of

Note 77. Lift of the Squadron that failed on a cruize from Spithead, under the command of Captain Robert Digby, November 11th, 1777.

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Note 78.

They returned to England, December 26th.

Lift of the Squadron that failed on a cruize from Spithead, under the command of Captain Samuel Hood, Dec. 27th, 1777.

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Note 79. Declaration delivered by the French Ambaffador to Lord Weymouth.

TRANSLATION.

The under-figned Ambaffador of his Moft Chriftian Majesty, has received express orders to make the following declaration to the Court of London.

The United States of North America, who are in full poffeffion of independence, as pronounced by them on the fourth of July, 1776, having propofed to the King to confolidate, by a formal convention, the connection begun to be established between the two nations, the refpective Plenipotentiaries having figned a treaty of friendship and commerce, defigned to ferve as a foundation for their mutual good correfpondence.

His Majefty being determined to cultivate the good understanding fubfifting between France and Great Britain, by every means compatible with his dignity, and the good of his fubjects, thinks it neceffary to make this proceeding known to the Court of London, and to declare at the fame time, that the contracting parties have paid great attention, not to ftipulate any exclufive advantages in favour of the French nation; and that the United States have referved the liberty of treating with any nation whatever, upon the fame footing of equality and reciprocity.

our right was fuch, and they had fo many small parties out, that it would be impoffible to move without our march being discovered.

Minutes and proceedings of a Council of War, confifting of all the General Officers and Field Officers, and Captains commanding Corps, on the Heights of Saratoga, Oct. 12, 1777.

The Lieutenant-general having explained the fituation of affairs, as in the preceding Council, with the additional intelligence, that the enemy was intrenched at the fords of Fort Edward, and likewife occupied the ftrong pofition on the Pine Plains, between Fort George and Fort Edward, expreffed his readiness to undertake at their head any enterprize of difficulty or hazard that should appear to them within the compafs of their ftrength and spirit: he added, that he had reafon to believe a capitulation had been in contemplation of fome, perhaps of all, who knew the real fituation of things; that upon a circumftance of fuch confequence to national and perfonal honour, he thought it a duty to his country, and to himself, to extend his Council beyond the ufual limits; that the affembly prefent might justly be esteemed a full reprefentation of the army; and that he fhould think himself unjustifiable in taking any step in fo ferious a matter, without fuch a concurrence of fentiments as fhould make a treaty the act of the army, as well as that of the General.

The first question therefore he defired them to decide was, "Whether an army of 3500 fighting men, and well provided with artillery, were juftifiable, upon the principles of national dignity, and military honour, in capitulating in any poffible situation?" Refolved nem. con. in the affirmative.

Question 2. "Is the prefent fituation of that nature?"

Refolved, nem. con. that the present fituation justifies a capitulation upon honourable terms.

The Lieutenant-general then drew up the meffage, marked No. 2, in the papers relative to the negociation, and laid it before the Council. It was unanimously approved, and upon that foundation the treaty opened.

October 14. Major Kingston having delivered the meffage marked No. 2, returned with the propofals marked No. 3, and the Council of War being affembled again, the Lieutenant-general laid it before them, when it was refolved unanimously to reject the 6th Article, and not to admit of it in any extremity whatever.

The Lieutenant-general then laid before the Council the answers to Major-general Gates's propofals, as marked in the fame paper, together with his own preliminary propofals, marked No. 4, which were unanimously approved of.

October 15. The Council being affembled again, Major-general Gates's answers to Lieutenant-general Burgoyne's propofals were laid before them, whereupon it was refolved, that they were fatisfactory, and a fufficient ground for proceeding to a definitive treaty.

Note

Note 67. Lift of the Fleet under the command of Vice-Admiral Lord Viscount Howe.

Note 68.

(See Note 60.)

Return of the lofs fuftained by the King's Troops at the battle of Brandywine, Sept. 11, 1777.

Royal artillery. 5 rank and file, killed; 1 Lieutenant, 2 ferjeants, 9 rank and file, wounded.

Ift Battalion of light infantry. I Lieutenant, 9 rank and file, killed; 3 Captains, 3 Lieutenants, 8 ferjeants, i drummer, 36 rank and file, wounded.

2d Battalion of ditto. 6 rank and file, killed: 3 Captains, 4 Lieutenants, 2 ferjeants, 2 drummers, 41 rank and file, wounded.

ift Battalion of grenadiers. 3 Lieutenants, I ferjeant, 8 rank and file, killed; 1 Lieutenant-colonel, 2 Captains, 4 Lieutenants, 3 ferjeants, 46 rank and file, wounded; 2 rank and file, miffing.

2d Battalion of ditto. I Captain, I Lieutenant, 1 ferjeant, 9 rank and file, killed; 1 Captain, 1 Lieutenant, 7 ferjeants, 61 rank and file, wounded; I rank and file, mifling.

Brigade of foot guards. I rank and file, killed; 5 rank and file, wounded; I rank and file, miffing.

Ift Brigade, 4th regiment. 2 rank and file, killed; 1 Captain, 20 rank and file, wounded.

ift Brigade, 23d regiment. I ferjeant, I rank and file, killed; 4 rank and file, wounded.

Ift Brigade, 28th regiment. nant, 8 rank and file, wounded.

2 rank and file, killed; 1 Lieute

Ift Brigade, 49th regiment. I ferjeant, 2 rank and file, killed; 1 Captain, I drummer, 9 rank and file, wounded.

2d Brigade, 5th regiment. 1 Enfign, I ferjeant, 12 rank and file,

wounded.

2d Brigade, 10th regiment. 2 rank and file, killed; 6 rank and file, wounded.

2d Brigade, 27th regiment. I rank and file, killed; 2 rank and file, wounded.

2d Brigade, 40th regiment. I rank and file, wounded.

2d Brigade, 55th regiment. 4th Brigade, 33d regiment.

I rank and file, wounded.

I rank and file, killed; I ferjeant, II rank and file, wounded; I rank and file, miffing.

4th Brigade, 37th regiment. I ferjeant, 6 rank and file, wounded. 4th Brigade, 46th regiment. I rank and file, killed; 1 Enfign, I ferjeant, 12 rank and file, wounded.

4th Brigade, 64th regiment. 1 Captain, 4 rank and file, killed; 1 Major, 3 Lieutenants, 2 Enfigns, 5 ferjeants, 31 rank and file, wounded.

Two Battalions of the 71ft regiment. 3 rank and file, wounded.

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Queen's

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