upon them in streams, as it had continued to descend 1 7 7 7 ever since the retreat began." On the thirteenth of October, Burgoyne called a coun- The Articles cil of war and the council unanimously decided that the of Capitulation hopeless situation justified a capitulation. On the fourteenth, Burgoyne sent a staff officer "to negotiate affairs of importance to both armies." One article of Gates's proposals provided that the royal army should surrender as prisoners of war and that the British should ground arms in its encampment; to this Burgoyne replied that rather than submit to such humiliation his army would "rush on the enemy determined to take no quar Having heard of Clinton's easy advance up the Hudson, Gates gave way and an agreement which, in deference to Burgoyne's wishes, was called a "convention" rather than a "capitulation" was quickly reached on the sixteenth. It was agreed that the British should march out with all the honors of war and move their artillery to the bank of the river where, together with the soldiers' arms, it was to be left. Free passage to England by way of Boston was to be granted on condition that, unless exchanged, the troops should not serve "again in North America during the present contest." No private baggage belonging to the officers was "to be molested or searched, Lieutenant General Burgoyne giving his honor, there are no public stores secreted therein." The consideration shown for Burgoyne's feelings may be credited to Gates's disposition, but his lamentable carelessness as to the wording of the treaty must probably be charged to an undue haste born of his fear of Clinton's forces in his rear. Coat of Arms of Burgoyne Surrender On the seventeenth, Gates ordered "The Brigades to The be under Arms at their Several Encampments, exactly at nine O'Clock; the Regiment of Rifle men under Colo Morgan, and the Light Infantry under Major Dearborn to be Ready when ordered to take Possession of the 1 7 7 7 Enemys Lines, and Posts, and Redoubts. The of man detected in Stealing the Smallest Article from any the Prisoners, either in their quarters or on their March, must expect to be tryed by a Gen'l Court Martial, and if convicted Suffer death." At the command of their own officers, Burgoyne's troops marched out of their camp and, in the presence of two members of General Gates's staff, grounded their arms on the site of old Fort Hardy. The total number of men surrendered was about five thousand, eight hundred. The property surrendered constituted a rich and sadly needed prize. At the head of the American camp, Gates received Burgoyne with his general officers and a brilliant staff. After the "banquet of antique simplicity" that followed, General Burgoyne drew his sword in the presence of the two armies and gave it to General Gates. Gates received the sword with a courteous bow and immediately returned it to Burgoyne, the manifest on of a delicacy of feeling that reflected honor on the victorious general. Gates promptly sent Colonel Wilkinson of his staff to carry the glad tidings to congress. |