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In confequence of this determination, the folemn negociation took place on the thirteenth of October. General Burgoyne intimated to the American commander, that he wished to fend a field-officer to him, to confer on matters of the highest moment, and requested to know when he might be received. General Gates really poffeffed that humanity, which diftinguishes the hero from the affaffinator of the feel. ings of wounded honor. He feemed touched by the request, with that fympathy which ever refides in the bofom of generosity; and replied inftantly, that an officer from general Burgoyne fhould be received at the advanced poft of the army of the United States, at ten o'clock the next morning.

Major Kingston was accordingly fent at the appointed time, and was conducted to the headquarters of the American army. The purport of the meffage was, that lieutenant general Burgoyne, having twice fought general Gates, had determined on a third conflict; but well apprised of the fuperiority of numbers, and the difpofition of the American troops, he was convinced, that either a battle or a retreat, would be a scene of carnage on both fides. In this fituation he was impelled by humanity, and thought himself justified by established principles of ftates and of war, to fpare the lives of brave men, upon honorable terms. Should general Gates be inclined to treat upon thofe ideas, general Burgoyne would propofe a ceffa

tion of arms, during the time neceffary to fet- CHAP. XI. tle fuch preliminaries, as he could abide by in any extremity.

A convention was immediately opened. A difcuffion of fome articles proposed by the American commander, which appeared to the British officers inadmiffible, occafioned a delay of two or three days: thefe being accommodated, a treaty of furrender was figned the feventeenth of October, one thoufand feven hundred and feventy-feven. The fubftance of the treaty was,

That the troops under the command of gen. eral Burgoyne, should march out of their camp with the honors of war, and the artillery of the intrenchment, to the verge of a certain river, where the arms and the artillery should be piled at the command of one of their own offi



That a free paffage fhould be provided for army to return to England, on condition that they should not ferve again in America, during the present conteft: that tranfports fhould enter the port of Bofton for their reception, whenever general Howe fhould think proper to requeft it: and that they fhould be quartered near Boston, that no delay might take place, when an order for embarkation ar rived:




That the Canadians of every defcription, should be permitted to return immediately, on the fole condition of their not again arming against the United States :

That the army under general Burgoyne should march to the Maffachusetts by the neareft route they fhould be fupplied with provifions, both on their route and in quarters, at the fame rate of rations, by order of general Gates, as that of his own army:

That the officers fhould wear their fide arms, and be lodged according to their rank; nor at any time be prevented affembling their own troops, according to the ufual military regulations:

That paffports fhould be granted to fuch of ficers as general Burgoyne fhould appoint, immediately to carry dispatches to fir William Howe, to general Carleton, and to England by the way of New York: and that general Gates should engage on the public faith, that none of the dispatches should be opened.

After the fecond article it was ftipulated, that if a cartel fhould take place, by which the army under general Burgoyne, or any part of it, might be exchanged, the fecond article fhould be void, as far as fuch exchange should be made.

These and several other circumftances of lefs moment agreed to, the convention was figned with much folemnity.

After the negociation was finished and completed, by the mutual fignature of the officers, general Gates conducted not only as an officer of bravery, punctuality, and a nice fenfe of military honor, but with the fine feelings of humanity, and the delicacy of the gentleman. He carried these ideas fo far, as to restrain the curiosity and pride of his own army, by keeping them within their lines, while, the British were piling their arms. He did not fuffer a man among them, to be a near witness to the humiliating fight, of a haughty and once powerful foe, difarming and divefting themselves of the infignia of military diftinction, and laying them at the feet of the conqueror.

Thus, to the confternation of Britain, to the univerfal joy of America, and to the gratification of all capable of feeling that dignity of fentiment, that leads the mind to rejoice in the profpect of liberty to their fellow-men, was the northern expedition finished. A reverse of fortune was now beheld, that had not fallen under the calculation of either party.

It is more easy to conjecture, than agreeable to describe, the chagrin of a proud, affuming foe, who had imperiously threatened to pene





trate and lay wafte cities and provinces, thus humbled by the arms of a people they had affected to hold in the utmoft contempt, and their laurels thus faded beneath the fword of the victorious Americans.

It was a tale without example in British annals, that fo many thousands* of their best troops, in conjunction with a large body of German auxiliaries, commanded by generals and field-officers of the first character, accompanied by many young gentlemen of noble family and military talents, should be thus reduced, mortified, and led captive, through a long extent of country, where they had flattered them. felves they fhould parade in triumph. They were obliged before they reached their destined quarters, to traverse the pleasant grounds, pass through many flourishing towns, and growing fettlements, where they had expected to plant the standard of royalty, in all the cruel infolence of victory, to the utter extermination of every republican principle.

The British army, with general Burgoyne at their head, was escorted from the plains of Saratoga, to their quarters at Cambridge, about three hundred miles, by two or three American

* Five thousand feven hundred and fifty-two men furTwo thoufand nine rendered, exclufive of Canadians. hundred and thirty-three had been previously flain.

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