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.

Anfaver. This article is anfwered 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 cuftomary 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 flores, artillery, arms, ammunition, carriages, horfes, &c. &c. must be delivered to commiffaries appointed to receive them.

Answer. 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.

Vil. A ceffation of arms to continue till fun-fet, to receive General Burgoyne's answer.

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

No. IV.

jutant-General of Major-General MAJOR Kingston met the AdGates's army, October the 14th, at fun-fet, and delivered the fol lowing meage:

If General Gates does not mean to recede from the 6th article, the treaty ends at once.

ceed to any act of defperation, raThe army will, to a man, prother than fubmit to that article.

The ceffation of arms eads this evening.

No. V. Lieutenant-General Burgoyne's Pro pojals, together with Majer-General Gates's Anfiers.

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

I. The troops to march out of their camp with the honours of

war,

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

I. 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 old fort food, 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.

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

IV. Agreed.

V. Upon the march the officers are not to be feparated from their men; and in quarters the officers fhall be lodged according to rank; and are not to be hindered from affen bling their men for roll-calling, and other neceflary purposes of regularity.

V. Agreed to, as far as circumfences will admit.

VI. There are various corps in this army compoted of failors,

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 finifhed 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, O. 15, 1777.

No. VI.

THE eight first preliminary articles of Lieutenant General Burgoyne's propofals, and the 2d, 3d, and 4th of thofe of Major-General Gates of yesterday, being agreed to, the foundation of the propofed treaty is out of difpute: but the

feveral fubordinate articles and re

gulations neceffarily fpringing from thefe preliminaries, and requiring explanation and precision between the parties, before a definitive treaty can be fafely executed, a longer time than that mentioned by General Gates in his anfwer 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 Kingiton has authority to fettle the place for a meeting of the officers propofed.

Settled by Major Kington on the ground where Mr. Schuyler's house flood.

No. VII.

IN the course 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-Gene. ral Burgoyne to Great-Britain, on condition of not ferving again in North-America during the prefent conteft; and the port of Bolton is aigned for the entry of trau'ports to receive the troops whenever General Howe fhall to order.

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

IV. The army under LieutenantGeneral Burgoyne to march to