which we have taken one hundred and twenty prisoners, and have received one hundred and sixty deserters. A party of our men have taken fifty batteaux loaded with provisions, stores, and medicines, among which are one thousand barrels of pork and beef. This must be to the enemy an irreparable loss, and a blow which must hasten the destruction or surrender of their whole army.

14th.-We have now a confirmation of the intelligence that Sir Henry Clinton and General Vaughan have pushed up the North river, and made a successful attack on our forts at the highlands. Fort Montgomery, and Fort Clinton, are near to each other, on the western bank of the Hudson. They have been considered of great importance as defensive posts, against the passage of the enemy up the river. In addition to these forts, a strong boom, and an iron chain of immense size, were stretched across the river, and a frigate and two gallies were stationed above them. By these means it was always supposed that the position was invulnerable, provided a proper number of troops were posted in the forts; but it unfortunately happened that most of the continental troops were necessarily called off to join General Gates' army. The forts were defended by Governor George Clinton, and his brother General James Clinton, of New York, having about six hundred militia men, a force greatly inadequate to the defence of the works. The enemy came up the river, landed, and appeared unexpectedly, and demanded a surrender of the forts, which being resolutely refused, were taken by assault, though not without a firm and brave resistance. General James Clinton received a bayonet wound in his thigh, but he and the Governor with a part of the garrison made their escape, leaving about two hundred and fifty men killed, wounded and prisoners. The enemy suffered a severe loss of three field officers killed, and their dead and wounded is estimated at about

three hundred. General Putnam, who commanded at Peekskill in the vicinity, having a small force only to guard the deposit of stores, was obliged to retire, and the barracks, stores and provisions, to a very considerable amount, fell into the hands of the enemy and were destroyed. With wanton cruelty they set fire to the houses and buildings of every description, and spread ruin and devastation to the extent of their power. To consummate their destructive scheme, General Vaughan destroyed by conflagration, the beautiful town of Esopus, with the church, and every other building it contained. Thus we experience the horrid effects of malice and revenge; where they cannot conquer, they wantonly exterminate and destroy. They are well apprised of the disastrous and desperate situation of their boastful General Burgoyne, and if they dare not march to his relief, they can cowardly retaliate by conflagration with impunity. It is the prevalent opinion here, that by taking advantage of wind and tide, it is in the power of Sir Henry Clinton to convey his forces to this city within the space of five or six hours, and having arrived here, a march of about twenty miles will carry him without opposition to Stillwater, which must involve General Gates in inexpressible embarrassment and difficulty, by placing him between two armies, and thereby extricating Burgoyne from his perilous situation. We have been tremblingly alive to this menacing prospect, but our fears are in a measure allayed by the following singular incident. After the capture of Fort Montgomery, Sir Henry Clinton despatched a messenger by the name of Daniel Taylor, to Burgoyne with the intelligence; fortunately he was taken on his way as a spy, and finding himself in danger, he was seen to turn aside and take something from his pocket and swallow it. General George Clinton, into whose hands he had fallen, ordered a severe dose of emetic tartar to be administered this produced the happiest effect as respects

the prescriber; but it proved fatal to the patient. He discharged a small silver bullet, which being unscrewed, was found to enclose a letter from Sir Henry Clinton to Burgoyne. "Out of thine own mouth thou shalt be condemned." The spy was tried, convicted and executed. The following is an exact copy of the letter enclosed.

Fort Montgomery, October 8th, 1777.

Nous voici-and nothing between us but Gates. I sincerely hope this little success of ours may facilitate your operations. In answer to your letter of the 28th of September by C. C. I shall only say, I cannot presume to order, or even advise, for reasons obvious. I heartily wish you success.

Faithfully yours,

To General Burgoyne.

H. CLINTON.

14th.-An express from camp. Burgoyne has this day made proposals to General Gates to enter into a treaty for the surrender of his army. He desires a cessation of arms till the preliminary terms can be settled, to which General Gates has assented. The glorious event is about to be consummated.

15th, and 16th.-Burgoyne's message to General Gates by the hands of Major Kingston is as follows.

October 14th, 1777.

"After having fought you twice, Lieutenant General Burgoyne has waited some days, in his present position, determined to try a third conflict against any force you could bring to attack him.

"He is apprised of the superiority of your numbers, and the disposition of your troops to impede his supplies and render his retreat a scene of carnage on both sides. In this situation he is impelled by humanity, and thinks himself justified by established principles and precedents of state and of war, to

spare the lives of brave men on honorable terms: should Major General Gates be inclined to treat on this idea, General Burgoyne would propose a cessation of arms during the time necessary to communicate the preliminary terms, by which in any extremity, he, and his army, mean to abide."

A convention was in consequence opened, and two days were spent in a discussion and interchange of articles between the two commanders. It was agreed that the articles should be mutually signed and exchanged to-morrow morning the 17th instant, at 9 o'clock; and the troops under Lieutenant General Burgoyne are to march out of their intrenchments at 3 o'clock in the afternoon.

The substance of the treaty is, that the troops under the command of General Burgoyne shall march out of their camp with the honors of war, and their field artillery, to the place assigned, where their arms and artillery shall be piled at the command of their own officers.

That the troops be allowed to return to England, on condition that they shall not serve again in America during the present war. That the officers be allowed to wear their side arms and be treated according to their rank. That the European troops march immediately for Boston, to be in readiness to embark when transports shall be sent for them, and that the Canadians be permitted to return home immediately, on the sole condition of their not arming again against the United States.

18th. At the appointed hour yesterday morning the Americans marched into the lines of the British to the tune of Yankee Doodle, where they continued till the royal army had marched to the place appointed and deposited their arms according to the treaty.

It is a circumstance characteristic of the amiable and benevolent disposition of General Gates, that,

unwilling to aggravate the painful feelings of the royal troops, he would not permit the American soldiery to witness the degrading act of piling their arms. This instance of delicacy and politeness, at the moment of triumph, towards an enemy who had committed the most unprecedented outrages, is a mark of true magnanimity, and deserves the highest praise, though it deprives our army of the satisfaction to which they are justly entitled.*

The preliminaries having been acceded to by the two commanders, Lieutenant Colonel Wilkinson, Deputy Adjutant General, and Brigadier General Whipple, of the militia, on our part, and Lieutenant Colonel Sutherland, Major Kingston, and Captain Craig, on the part of the British, were appointed to stipulate and arrange the particular articles of capitulation. So very tenacious were the British of the trivial points of military honor, that, after they had signed the "treaty of capitulation," as it was termed, they required that the term should be altered to "treaty of convention," in which they were indulged by General Gates, as being of little consequence on our part. During the pending negotiation, several hundred of the New York militia, whose term of service had expired, marched off the ground without permission from General Gates; and the same night Burgoyne received intelligence by a spy, that Sir H. Clinton, having taken Fort Montgomery, would attempt to force his way to Albany. Though the articles of convention were fully adjusted, signed and exchanged, by those appointed for. the purpose, and the hour stipulated by the parties for Burgoyne to affix his signature, he addressed a note to General Gates purporting that he should recede from the treaty, on the ground that a part of the American force had been detached from the army during the negotiation; and with a bold effron

* For the first interview between the royal general officers and their conqueror, see Life of General Gates, in the Appendix.