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that being once broken, the feparate parts could not retain even their fhare of the ftrength and value, that exifted in the whole; and that a perfect re-union of thofe parts could fcarce ever be hoped for. Your lordship may poffibly remember the tears of joy that wet my cheek when, at your good fifter's in London, you once gave me expectations that a reconciliation might foon take place. I had the misfortune to find thofe expectations difappointed, and to be treated, as the cause of the mifchief I was labouring to prevent. My confolation under that groundlefs and malevolent treatment was, that I retained the friendfhip of many wife and good men in that country, and among the reft, fome fhare in the regard of Lord Howe.

The well-founded efteem, and permit me to fay, affection, which I fhall always have for your lordship, make it painful for me to fee you engaged in conducting a war, the great ground of which as defcribed in your letter, is the neceffity of preventing the American trade from paffing into foreign channels; to me it seems, that neither the obftinacy nor the retaining of any trade, how valuable foever, is an object for which men may juflly fpill each others blood; that the true and fure means of extending and fecuring commere is the goodnefs and cheapnefs of commodities; and that the profits of no trade can ever be equal to the expence of compelling it and holding it by fleets and armies. I confider this against us, therefore as both unjust and unwife; and I am perfuaded that cool and difpaffionate posterity will condemn to infamy, those who advifed it; and that even fuccefs will not fave from fome degree of dishonour, those who voluntarily engaged to conduct it. I know your great mo

tive of coming hither, was the hope of being inftrumental in a reconciliation; and believe when you find that to be impoffible, on any terms given you to propose, you will relinquifh fo odious a command, and return to a more honourable private station.

With the greatest and most fincere respect,
I have the honour to be, my lord,
Your lordship's most obedient humble fervant,
B. FRANKLIN.

This letter has been truly prophetic, and the warning given in it ought to have been moft feriously confidered by the government: but fuch has been the infatuation of the public managers, that they have re garded no warnings from either their friends or their enemies.

Upon the 13th of October when the treaty was first begun General Burgoyne wrote the following card to General Gates. Lieutenant General Bur is defirous of fending a field officer with a mefgoyne fage to Major General Gates, upon a matter of high confequence to both armies. He requests to be informed at what hour General Gates will receive him to-morrow morning. The anfwer was, Major General Gates will receive a field officer from Lieutenant General Burgoyne at the advanced posts of the army of the United States, at ten o'clock to-morrow morning from which he will be conducted to head Dated the Camp of Saratoga, 9 o'clock.

quarters.

Upon October 14 Major Kingston delivered the fol lowing meffage, to Major General Gates, After hav ing fought you twice, Lieutenant General Burgoyne has waited fome days in his prefent pofition, deter mined to try a third conflict, against any force you could bring to attack him. He is apprized of the fu

periority

f.

periority of your numbers and the disposition o1 your troops to impede his fupplies, and render his retreat a fcene of carnage on both fides, In this fituation he is impelled by humanity, and thinks himfelf justified by eftablished principles and precedents of State, and of war, to fpare the lives of brave men upon honourable terms; fhould Major General Gates be inclined to . treat upon this idea, General Burgoyne will propofe a ceffation of arms during the time neceffary to communicate the preliminary terms, by which, in any extremity, he and his army would abide.

In answer to this the following propofals were made and anfwers given by General Burgoyne.

1. General Burgoyne's army being exceedingly reduced by repeated defeats, desertion, fickness, &c. their provifions exhaufted, their military horfes, tents and baggage taken or deftroyed, their retreat cut off, and their camp invested, they can only be allowed to furrender prifoners of war.

Lieutenant General Burgoyne anfwered, that however much reduced his army, they would never admit that their retreat is cut off while they have arms in their hands.

II. The officers and foldiers may have the baggage belonging to them. The generals of the United States never permit individuals to be plundered.

III. The troops under his Excellency General Burgoyne will be conducted by the moft convenient route to New England, marching by eafy marches and fuf. ficiently provided for by the way.

This article is anfwered by General Burgoyne's first propofitions, which is here annexed.

IV. The officers will be admitted on parole; may wear their fide arms, and will be treated with the li

berality

berality customary in Europe, fo long as they by proper behaviour continue to deferve it; but those who are apprehended having broke their parole, as fome British officers have done, muft expect to be close confined. The anfwer made to this article was ;There being no officer in this ariny under or capable of being under the defcription of breaking parole this article needs no answer.

V. All public ftores, artillery, arms, ammunition, carriages, horfes, &c. must be delivered to commif fioners appointed to receive them.

Anf. All public. ftores may be delivered, arms ex, cepted.

VI. These terms being agreed to, and figned, the troops under his Excellency General Burgoyne's command, may be drawn up in their encampments, where they will be ordered to ground their arms, and may thereupon be marched to the river fide to be paffed over to Bennington.

Anf. This article inadmiffable in any extremitySooner than this army will fubmit to ground their arms in their encampment, they will rush on the enemy, determined to take no quarter.

VII. A ceffation of arms to continue till fun-fet to receive General Burgoyne's anfwer, (Signed,)

HORATIO GATES. At fun-fet Major Kingston met the adjutant general of Major General Gates's army, and delivered the following meffage; If General Gates does not mean to recede from the fixth article the treaty ends at once. The army will to a man proceed to any act of defperation rather than fubmit to this article. The ceffation of arms ends this evening.

The following are General Burgoyne's propofals together with General Gates's anfwers.

The

The 'anfwers being given to Major General Gates's propofals, it remains for Lieutenant Genaral Burgoyne and the army under his command to ftate the following preliminary articles on their part.

1. The troops to march out of their camp with the honours of war, and the artillery of the entrenchwhich will be left as hereafter may be regu

ments,

lated.

The troops 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 flood, where their arms and artillery muft be left.

II. A free paffage to be granted to this army to Great Britain, upon condition of not ferving again in North America during the prefent conteft; and a proper port to be affigned for the entry of transports to receive the troops, whenever General Howe fhall fo order.

Agreed to for the port of Bofton.

III. Should any cartel take place, by which this army or any part of it may be exchanged, the foregoing article to be void, as far as fuch exchange fhall be made.

Agreed to.

IV All officers to retain their carriages, bat horfes, and other cattle; and no baggage to be molested or fearched, the lieutenant general giving his honour, that there are no public ftores fecreted therein. Major General Gates will of courfe take the neceffary meafures for the fecurity of this article,

Agreed to.

V. Upon the march the officers are not to be feparated from their men, and in quarters the officers

fhall

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