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shall be lodged according to their rank; and are not to be hindered from assembling their men for roll.calling and other neceffary purposes of regularity.

Agreed to as far as circumstances will admit.

V. There are various corps in this army composed of failors, batteau x men, artificers, drivers, indepen. dent companies, and followers of the army; and it is expected that those persons, of whatever country, shall be agreed to in the fullett sense and utmost extent of the above articles, and comprehended in every respect as British subjects.

Agreed to in the fullest extent.

VII. All Canadians and persons belonging to the establishinent in Canada, to be permitted to return.

Agreed to.

VIII. Paffports to be immediately granted for three officers not exceeding the rank of captain, who shall be appointed by General Burgoyne, to carry dispatches to Sir William Howe, Sir Guy Carleton, and to Great Britain, by the way of New York, and the public faith to be engaged, that these difpatches are not opened.

Agreed to.

IX. The foregoing articles are to be considered as only preliminaries for framing a treaty, in the course of which others may arise, to be considered by both parties; for which purpose it is propofed, that two officers of each army shall meet and report their declarations to their respective generals.

This capitulation to be finished by two o'clock this day, and the troops march from their encampments at five, and be in readiness to move towards Boston 10morrow morning.


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X. Lieutenant General Burgoyne will send his deputy adjutant general to receive Major Gen Gates's answer to·morrow morning at ten o'clock. Complied with. (Signed)

HORATIO GATES. Saratoga, October 15, 1777, The eight preliminary articles of Lieutenant Gen. Burgoyne's proposals, and the second, third, and fourth of Major General Gates of yesterday, being agreed to, the foundation of the proposed treaty is out of dispute ; but the feveral subordinate articles and regulations, necessarily springing from these prelimi. naries, and requiring explanation and precision between the parties, before a definitive treaty can be fafely executed, a longer time than mentioned by General Gates, in his answer to the ninth article, bei comes indispensibly necessary. Lieutenant General Burgoyne is willing to appoint two officers immediately to meet two others from Major General Gates, : to propound, discuss, and settle those subordinate ar: : :icles, in order that the treaty in due form may be executed as foon as possible. (Signed)

JOHN BURGOYNE. Saratoga, October 15, 1777. Major Kingston has authority to settle the place of meeting of officers proposed. Major Kingston fettled it on the ground where Mr Schuyler's house stood. In the time of this negotiation General Burgoyne fent the following message to General Gates :

In the course of the night Lieutenant General Bur. goyne has received intelligence that a considerable force has been detached from the army under Gen. Gates, during the course of the negotiations of the treaty depending upon them. Lieutenant General


Burgoyne conceives this, if truc, to be not only a vio. lation of the ceffation of arms, but subverlive of the principles on which the treaty originated, viz. a great superiority in General Gates's army. Lieutenant General Burgoyne, therefore requires, that two officers, on his part, be permitted, to see that the strength of the forces, now opposed to him is such as will convince bim that no such detachment has been made ; and that the same principle of superiority, upon which the treaty first began still fubfifts.

It does not appear that any answer was given to this message. The articles of convention follow.

I. 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 up by word of cominand from their own officers.

II. A free paffage to be granted the army under Lieutenant General Burgoyne, io Great Britain, on condition of not serving again in N. America during the present contest: and the port of Boston is aligned for the entry of transports, whenever General Howe shall so order,

Ill. Should any cartel take place by which the army under General Furgoyne, or any part of it, may be exchanged, the foregoing article to be void, as far as such exchange shall be made.

IV. The army under Lieutenant General Bur. goyne to march to Massachusett's Bay by the moft expeditious and convenient rout ; and to be quar. iered in, bear, or as convenient as pollible, that the inarch of the troops may not be delayed when transa ports arrive to receive them. Ааа

V. The


V. The troops to be supplied on their march, and during their being in quarters with provisions by Major General Gates's orders, at the fame rate of rations as the troops of his own army; and if poffible, the officers horses and cattle are to be supplied with forage at the usual rates.

VI. All officers to retain their carriages, bat horses, and other cattle ; and no baggage to be molested or searched, Lieutenant General Burgoyne giving his honour, that there are no public stores secreted therein, Major General Gates will of courfe take the ne. ceffary measures for a due performance of this article. Should any carriages be wanted, during the march for the transportation of officers baggage, they are, if poflible, to be supplied by the country at the usual


VII. Upon the march and during the time the army shall remain in quarters in the Massachusett's Bay, the officers are not, as far as circumftances will admit, to be separated from their men. The officers are to be quartered according to their rank, and are not to be hindered from assembling their men for roll-calling and other necessary purposes of regularity.

VIII. All corps whatever of General Burgoyne's army, whether compofed of failors, batteaux men, artificers, drivers, independent companies, followers of the army of whatever country, fhall be included in the fullest sense, and utmost extent of the above articles, and comprehended in every respect as British subjects.

IX. All Canadians, and perfons belonging to the Canadian establishment, consisting of failors, batteaux men, artificers, drivers, and independent companies, and many other followers of the army, who come un. der no particular description are to be permitted to


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return there, that is they are to be conducted immediately by the shortest route to the first British port on Lake George, are to be supplied with provisions in the fame manner as the other troops, and are to be bound by the same condition of not serving during the present contest in North America.

X. Passports immediately to be granted for three officers, not exceeding the rank of captairs who shall be appointed, by General Burgoyne to carry difpatches to Sir William Howe, Sir Guy Carleton, and to Great Britain by the way of New York; and Major Gen. Gates engages the public faith, that these dispatches shall not be opened. These officers are to let out immediately after receiving their dispatches, and are to travel the shortest and in the most expeditious mianner.

XI. During the fay of the troops in the Maffachusett's Bay, the officers are to be admitted upon parole, and are to be permitted to wear their side


XII. Should the army under Lieutenant General Burgoyne find it neceffary, to send for their cloathing and other baggage from Canada, they are to be permitted to do it in the most convenient manner, and the neceffary passports to be granted for that purpose.

XIH. These articles are to be mutually signed and exchanged tomorrow morning at nine o'clock ; and the troops under Lieutenant General Burgoyne are to march out of their entrenchments, at three o'clock. . (Signed)

HORATIO GATES. Camp at Saratoga, October 16, 1777.

To prevent any doubts that might arise from Lieu. tenant General Burgoyne's not being mentioned in the above treaty, Major General Gates hereby de.


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