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such magnitude to the two armies; as it was far from his disposition to trifle in an affair of such importance." General Phillips then spoke, "Yes, Sir, yes Sir, General Burgoyne don't mean to trifle on so serious an occasion; but he feels it his duty to consult his officers." 1 asked what time he would require? He mentioned two hours; and we again set watches, and I returned, promising to wait at our picket for his answer.

"The interview with General Burgoyne had been spun out to such length, that General Gates became uneasy, and I found a messenger waiting at our picket, to know what I had done. I reported in brief, what had passed and what was depending; and took a station near the ruins of General Schuyler's house, where I walked, and expected with much anxiety the result of General Burgoyne's consultation; the two hours had elapsed by a quarter, and an aid de camp from the General had been with me to know how matters progressed; soon after, I perceived Lieutenant Colonel Southerland opposite to me and beckoned him to cross the creek; on approaching me, he observed, "Well, our business will be knocked on the head after all." I enquired why? He said, "the officers had got the devil in their heads, and could not agree." I replied gaily, "I am sorry for it, as you will not only lose your fusee, but your whole haggage." He expressed much sorrow, but said he could not help it. At this moment 1 recollected the letter Captain Craig had written me the night before, and taking it from my pocket, I read it to the Colonel, who declared he had not been privy to it; and added with evident anxiety, "Will you give me that letter ?" I answered in the negative, and observed, "I

should hold it as a testimony of the good faith of a British commander." He hastily replied, "Spare me that letter, Sir, and I pledge you my honour I will return it in fifteen minutes." I penetrated the motive, and willingly handed it to him; he sprang off with it, and directing his course to the British camp, ran as far as I could see him: in the mean time I received a peremptory message from the General, to break off the treaty if the convention was not immediately ratified. I informed him by the messenger, that I was doing the best I could for him, and would see him in half an hour. Colonel Southerland was punctual to his promise, and returned with Captain Craig, who delivered me the convention, with an additional article, specifically to include himself, which I engaged should be admitted by General Gates, and immediately sent to General Burgoyne. I then returned to head quarters, after eight hour's absence, and presented to General Gates the important document, that made the British army conventional prisoners to the United States, which, together with a return, founded on authentick documents now in my possession, of the forces which surrendered, is deemed worthy of record in this place.

Articles of Convention between Lieutenant General Burgoyne and Major General Gates.

"1st. The troops under Lieutenant General Burgoyne to march out of their camp with the honours of war, and the artillery of the entrenchments, to the verge of the river where the old fort stood, where the arms and artillery are to be left; the arms to be piled by word of command from their own officers.

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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 Boston is assigned for the entry of transports to receive the troops, whenever General Howe shall so order.

"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.

"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 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.

"7th. 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.

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.

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.

"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, 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 previous to the 17th October, amounting to near 5000, makes Burgoyne's total loss upwards of ten thousand men.

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