taken fuch oaths, and accepted fuch protection and certificate, to repair to head quarters, or to the quarters of the nearest general officer of the Continental army, or militia, (until further provifion can be made by civil authority) and there deliver up fuch protection, certificate and paffports, and take the oath of allegiance to the United States of America: NevertheJefs hereby granting full liberty to all fuch as prefer the intereft and protection of Great Britain to the freedom and happiness of their country, forthwith to withdraw themselves and families within the enemies lines. And I do hereby declare, that all and every perfon who may neglect or refufe to comply with this order, within thirty days from the date hereof, will be deemed adherents to the King of Great Britain, and treated as common enemies to thefe Amexican ftates.

Given at Head Quarters,
Morris Town,

By his excellency's command,
ROBERT H. HARRISON, Sec.

Papers relating to the Capitulation of Lieutenant-General Burgoyne's Army at Saratoga.

No. I.

October 13, 1777. IEUT. GEN. Burgoyne is deLfirous of fending a field-officer

with a meffage to Major-General Gates, upon a matter of high moment to both armies. He requests to be informed at what hour General Gates will receive him to-morrow morning.

Major-General Gates.

ANSWER.

MAJ. GEN. Gates will receive a field-officer from Lieutenant Ge

neral Burgoyne at the advanced post of the army of the United States, at ten o'clock to-morrow morning, from whence he will be conducted to head quarters.

Camp at Saratoga, 9 o'clock, P. M. October 13, 1777. Lieutenant-General Burgoyne. No. II.

Major Kingston delivered the fol lowing Meffage to Major-General Gates, October 14, 1777.

AFTER having fought you twice, Lieutenant-General Burgoyne has waited fome days, in his prefent pofition, determined to try a third conflict against any force you could bring to attack him.

He is apprifed of the fuperiority of your numbers, and the difpofition of your troops to impede his fupplies, and render his retreat a fcene of carnage on both files. In this fituation, he is impelled by humanity, and thinks himself juf tified by established principles and precedents of ftate, and of war, to fpare the lives of brave men upon honourable terms: fhould MajorGeneral Gates be inclined to treat upon that idea, General Burgoyne would propofe a ceffation of arms, during the time neceffary to communicate the preliminary terms by which, in any extremity, he and his army mean to abide.

No. III. Major-General Gates's Propofals, together with Lieutenant-General Burgoyne's Anfwèrs.

1. GENERAL Burgoyne's army being exceedingly reduced by repeated defeats, by defertion, ficknefs,

nefs, &c. their provifions exhaufted, their military horfes, tents, and baggage, taken or destroyed, their retreat cut off, and their camp invefted, they can only be allowed to furrender prifoners of war.

Anfwer. Lieut. General Burgoyne's army, however reduced, will never admit that their retreat is cut off, while they have arms in their hands.

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

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

Anfwer. This article is answered by General Burgoyne's first propofal, which is here annexed.

IV. The officers will be admitted on parole; may wear their fide arms, and will be treated with the liberality customary in Europe, fo long as they, by proper behaviour, continue to deferve it; but thofe who are apprehended having broke their parole, as fome British officers have done, must expect to be close confined.

Anfwer. There being no officer in this army 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. &c. must be delivered to commiffaries appointed to receive them.

Anfwer. All public ftores may be delivered, arms excepted. VI. These terms being agreed

to, and figned, the troops under his Excellency Gen. 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 in their way towards Bennington.

Anfwer. This article inadmiffi ble in any extremity. Sooner than this army will confent 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 answer.

(Signed) Horatio Gates. Camp at Saratoga, 02. 14, 1777.

war, and the artillery of the intrenchments, which will be left as hereafter regulated.

1. The troops to march out of their camp with the honours of war, and the artillery of the intrenchments, to the verge of the river where the ald fort ftced, where their arms and artillery must 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 tranfports to receive the troops whenever General Howe fhall fo order.

II. 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,

III. Agreed.

VIII. Paffports to be immediately granted for three officers, not exceeding the rank of captain, who fhall 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 thefe difpatches are not to be opened.

VIII. Agreed.

IX. The foregoing articles are to be confidered only as preliminaries for framing a treaty, in the courfe of which others may arife to be confidered by both parties; for which purpose it is propofed, that two officers of each army fhall meet, and report their deliberations to their respective ge nerals.

IX. This capitulation to be fi nifhed by two o'clock this day, and the troops march from their encampment at five, and be in readiness to move towards Boston to-morrow morning.

X. Lieutenant General Burgoyne will fend his deputy adjutant-general to receive Major-General Gates's anfwer to-morrow morning at ten o'clock.

X. Com

X. Complied with. (Signed) Horatio Gates. Saratoga, Oct. 15, 1777.

No. VI.

THE eight first preliminary articles of Lieutenant General Bur

goyne's propofals, and the zd, 3d, and 4th of thofe of Major-General Gates of yesterday, being agreed to, the foundation of the proposed treaty is out of difpute: but the

feveral fubordinate articles and re

gulations neceffarily fpringing from these preliminaries, and requiring explanation and precifion between the parties, before a definitive treaty can be fafely executed, a longer time than that mentioned by General Gates in his answer to the 9th article, becomes indifpenfably neceffary. Lieutenant-General Burgoyne is willing to appoint two officers immediately to meet two others from Major-General Gates, to propound, difcufs, and fettle thofe fubordinate articles, in order that the treaty, in due form, may be executed as foon as poffible.

(Signed) John Burgoyne. Camp at Saratoga, Oct. 15, 1777. Major Kingston has authority to fettle the place for a meeting of the officers propofed.

Settled by Major Kingfton on the ground where Mr. Schuyler's houfe ftood.

No. VII.

IN the courfe of the night, Lieutenant-General Burgoyne has received intelligence that a confiderable force has been detached from the army under the command of Major-General Gates, during the courfe of the negociations of the treaty depending between them. Lieutenant-General Burgoyne conceives this, if true, to be not only

II. A free paffage to be granted the army under Lieutenant-General Burgoyne to Great-Britain, on condition of not ferving again in North-America during the prefent conteft; and the port of Boston is affigned for the entry of transports to receive the troops whenever General Howe shall to order.

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

IV. The army under LieutenantGeneral Burgoyne to march to

Maf

Maffachufett's Bay, by the easiest, most expeditious and convenient route; and to be quartered in, near, or as convenient as poffible to Bofton, that the march of the troops may not be delayed when tranfports arrive to receive them.

V. The troops to be fupplied on their march, and during their being in quarters, with provifions, by Major-General Gates's orders, at the fame rate of rations as the troops of his own army; and, if poffible, the officers horfes and cat tle are to be fupplied with forage at the ufual rates.

VI. All officers to retain their carriages, bat-horfes, and other cattle; and no baggage to be molefted or fearched, Lieutenant-General Burgoyne giving his honour that there are no public ftores fecreted therein. Major-General Gates will of courfe take the neceffary measures for a due performance of this article. Should any carriages be wanted during the march, for the tranfportation of officers baggage, they are, if pof fible, to be fupplied by the country at the ufual rates.

VII. Upon the march, and during the time the army fhall remain in quarters in the Maffachufett's Bay, the officers are not, as far as circumstances will admit, to be feparated from their men. The officers are to be quartered according to their rank, and are not to be hindered from affembling their men for roll-callings, and other neceffary purposes of regularity.

VIII. All corps whatever of General Burgoyne's army, whether compofed of failors, batteau-men, artificers, drivers, independent companies, and followers of the army, of whatever country, shall

be included iu the fullest sense and utmost extent of the above articles, and comprehended in every refpec as British fubjects.

IX. All Canadians, and perfons belonging to the Canadian eftablishment, confifting of failors, batteau-men, artificers, drivers, independent companies, and many other followers of the army, who come under no particular defcription, are to be permitted to return there; they are to be conducted immediately, by the shortest route, to the firft British poft on Lake George, are to be fupplied with provifions in the fame manner as the other troops, and are to be bound by the fame condition of not ferving during the prefent conteft in North America.

X. Paffports to be immediately granted for three officers, not exceeding the rank of captains, who fhall be appointed by LieutenantGeneral Burgoyne to carry dif patches to Sir William Howe, Sir Guy Carleton, and to Great Britain by the way of New-York; and Major-General Gates engages the public faith that thefe dif patches fhall not be opened. These officers are to fet out immediately after receiving their difpatches, and are to travel the fhorteft route, and in the most expeditious man