The New-York gazette, and the weekly Mercury — New-York [N.Y.], 1778-03-23 00:00:00, page 4

\ No. IV.
MAJOR Kington met'tbe Adj. Gen. of
Major Gen. Gates'" army, Oft. 14th, at sun
set, and delivered the following nieffage :
If Gen. Gates does not mean to recede from the
6th article, the treaty ends at once.
The army will to a man proceed to any a& of
desperation, rather than submit to that article.
The cessation of arms ends this evening.
No. V.
Lietr. Gen. Burgoyne's proposals, together nuitb Major
Gen. Gates's answers.
THE annexed answers being given to Major Gen.
Gates's proposals, it remains for Lieut. Gen.
Burgoyne, and the army under his command, to
state the following preliminary articles on their part.
I. The troops to march out of their camp with
the honours of war, and the artillery of the in
trenchments, which will be left as hereafter may be
regulated.---The troops to march out of their camp
with the honour" of war, and the artillery of the in
trenchments to the verge of the river where the old
fort stood, where tiieir arms and artillery must be left.
11. A free passage to be granted to this army to
Great-Britain, upon condition of not serving again
' in North-America during the present contest ; and a
proper port to be assigned for the entry of transports
to receive the troops whenever Gen. Howe shall so
order.—Agreed to for the port of Boftop.
111. Should any cartel take place by which this
army or any part of it may be exchanged, the fore
going article to be void as far as such exchange fliall
be made.—Agreed.
17. All officers to retaintheir carriages, bat-hor
ses, and other cattle; and no bagagge to be molelted
or Marched, the Lieut. Gen. giving his honour, that
there are no public stores secreted theiein. Major
Gen. Gates will of course take the necessary measures
for the security of this article—Agreed.
V. Upon the march the officers are not to be separa
ted from their men ; and in quarters the officers (hall
be lodged according to rank ; and are not to be hinder
ed from assembling their men from roll calling, and
other necessary purposes of regularity.---Agreed to,
as far as circumstances will admit.
VI. There are various corps in this army compo
f:d of sailors, batteau men, artificers, drivers, inde
pendent companies, and followers of the army; and
it is expected that those persons of whatever country
shall be included in the fulleft sense and utmost ex
' tent of the above articles ; and comprehended in
every refpe& as b^tidi fubje&s.—-Agreed to in the
Bfuileft extent.
■ VII. All cannadians, and persons belonging to
the eftablilhment in Canada, to be permitted to re
turn there.---Agreed.
VIII. Passports to be immediately granted for three
officers, not exceeding the rank of Capt. who shall
Be appointed by Gen. Burgoyne, to carry dispatches
to Sir William Howe, Sir Guy Carleton, and to
Great Britain, by the way of New-Yoik, and the
public faith to be engaged, that these dispatches are
not to be opened.---Agreed.
IX. The foregoing articles are to be considered
only,as preliminaries for framing a treaty in the
course of which others may arifa to be considered by
?both parties; for which purpose it is proposed that
- two officers of each army, fnall meet and report their
deliberations to their refpe&ive Generals—This
capitulation to be finished by two o'clock this day,
and the troops march from their encampment at five,
Qnd be in readiness to march towards B & n to-mor
bow morning.
X. Lieut. Gen. Burgoyne will fend his deputy
Adj. Gen. to receive Major Gen. Gates's answer to
morrow morning at 10 o'clock.—Complied with.
(Signed) Horatio Gates.
Saratoga, 080. 15, 1777.
No. VI.
THE eight firft preliminary articles of Lieut. Gen.
Burgoyne's proposals, and the 2d, 3d, and 4th
of those of Major Gen. Gates, of yesterday being
agreed to, the foundation of the proposed treaty is
out of dispute ; but the several subordinate articles
and regulations ncceffarily Springing from these
preliminaries, requiring explanation and precision
between the parties, before a definitive treaty can be
fifely executed, a longer time than that mentioned by
Gen. Gates in his answer to the 9th article, becomes
indispensably necessary. Lieut. Gen. Burgoyne is
, willing to appoint two officers immediately to meet
Itwo ethers from Major Gen. Gates, to propound,
$ e live" of brave men upon honourable terms :
Should Mij. Gen. Gates be inclined to treat upon
that idea, Gen. Burgoyne would propose a cessation
of arms during the time necessary to Communicate
the preliminary terms, by which, in any extremity,
be, and his army, mean to abide.
No. 111.
Major-General Gates's proposals; fogetoer tuith.Lieu
tenant-General Burgoyne's anfaver.
Ci ENERAL Burgoyne's army being exceedingly
J" reduced by repeated, defeats, by desertion,
sickness, &c. their provisions exhausted, their military
borfes, frits, and baggage, taken or destroyed,
their retreat cut off, and their camp inverted, they
can only be allowed to surrender prisoners of war.
Answer. Lieut. Gen. Burgoyne's army however
reduced, will never admit that their retreat is cutoff,
while they have arms in their hands.
11. The officers' and soldiers may keep the bag
gage belonging to them. The Generals of the
United States never permit individuals to be pillaged.
111. The troops under his Excellency Gen. Bur
goyne will be conducted by the most convenient route
to New-England, marching by easy marches, and
Sufficiently provided for by the way.
Answer. This article is answered by Gen. Bur
goyne's firft proposal, which is here annexed.
IV. The officers will be admitted oil paro'e;
may wear their fide arms, and will be treated with the
liberality customary in Europe, so long as they; by
proper behaviour, continue to deserve it; but those
who are apprehended having broke their parole, as
some British officers have done, must expert to be
close confined.
Answer. There being no officer in this army under,
or capable of being under, the description of break
ing their parole, this article needs no answer. / $
V. All public stores, artillery, arms, ammuniti
on, carriages, horses, &c. &c. must be delivered to
icommiffaries appointed to receive them.
VI. These terms being agreed to and signed, the
troops under his Excellency Gen. Burgoyne's com
mand may be drawn up in their encampments, where
they will be ordered to ground their arms, a^d may
thereupon be marched to the river fide, to be passed
over in their way to Bennington.
Answer. This article inadmissible, in any extre
mity. Sooner than this army will content to ground
their arms in their encampment, they will rush on
the enemy, determined to take no quarter.
VII. A cessation of arms to continue till sun-set to
receive Gen. Burgoyne's answer.
"(Signed) Horatio Gates.
Camp at Saratoga, Ofio. 14, 1777.
VII. Upon the march, and during the time the
army shall remain in quarters' in thh province of
Maffachufett's Bay, the officers are' not as far as
circumstances 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 assem
bling their men for roll calling and other purposes of
regularity.'
VIII. All corps whatever of Gen. Burgoyne's
army, whether composed of sailors, batteaux-men,
artificers, drivers, independent companies, and fol
lowers of the army of whatever country, shall be
included in the fullert sense and utmost extent of the
above articles, and comprehended in every refpe& as
British fubje&s./
IX. All Canadians, and persons belonging to the
canadian ettablifhment,con fifting of sailors, batteaux
men, artificers, drivers, and independent companies,
and many other followers of the army who come
under no particular description, are to be per
mitted to return there. They are to be conducted
immediately by the shortest route to the firft British
port on Lake George; are to be supplied with pro
visions in the fame manner as the other troops ; and
are to be bound by the farae condition of not serving
again during the present contest in North America.
X. Passports are to be immediately granted for
three officers, not exceeding the rank of captains,
who shall be appointed by Gen. Burgoyne, to carry
dispatches to Sir Wm. Haff, Sir Guy Carleton,
and to Great Britain, by way of New-York. And
Major Gen. Gates engages the public faith that
these dispatches shall not be opened. These officers
are to set out immediately after receiving their disc
patches, and are to travel by the shortest routes, and
in the most expeditious manner.
XI. During the stay of the troops in Maffachufett's
Bay, the officers are to bf admitted on their parole,
and are to be allowed their firearms.
XII. Should the army under Lieut. General Bur
goyne find it necessary to fend for their eloathing to
Canada, they are permitted to do it in the most con
venient manner, and the necessary passports granted
for that purpose.
XIII. These articles are to be mutually signed
and exchanged to morrow morning at nine o'clock,
and the troops under Lieut. Gen. Burgoyne are to
march out of their intrenchments/ at three o'clock in
the afternoon.
Camp at Saratoga, (Signed)
Odo. x 6, 1777. J. BURGOYNE.
IX.
Minutes and proceedings of a councilof war, confiding of
all the general officers and field officers, and Captains
commanding corps, on the heights of Saratoga, Octo
ber G, J 777.
THE Lieut. Gen. having explained the fixation of
affairs, as in tl ^ proceding Council, with the additional
intelligence, that the enemy was entrenched at the fords
of Fort Edward, and likewise occupied the strong position
on the Pine Plains between Fort George and Fort Ed
ward, exprtiTed his readiness to undertake at their head
any enterprize of difficulty or hazard that should appear
to them within the compass of their strength and spirit:
He added, that he had reason to believe a capitulation had
been in the contemplation of feme, perhaps of ^ll, who
knew the real fixation of things; that upon a circum
stance offuch consequence to national and personal hon
our, he thought it a duty to his country and to himfelf,
to extend his Council beyond the usual limits; that the
assembly present might juflly be esteemed a full represen
tation of the army ; and that he should think himfelf un
juftifiable in taking any step in so serious a matter with
out such a concurrence of sentiments as ffiould make a
treaty the aft of the army, as well as that of the General.
The firft question, therefore, he desired them to decide
was. Whether an army of 3500 fighting men, and well
provided with artillery, were juftifiabie, upon the princi
ples of national dignity and military honor, in capitula
ting in any possible function.•
VI. All officers are to retain their carriages, bat
horses and other cattle, and no baggage to be mo
lested or searched ; Lieut. Gen. Burgoyne giving his
honour there are no public llores fecreced therein'.
Major Gen. Gates will of course take the necessary
measures for the due performance of this article ;
should any carriage be wanted during the march, for
the transportation of officers baggage, they are, if
possible, to be supplied by the country at the usual
rates.
No. VII.
IN the course of the night Lieut. Gen. Burgoyne
has received intelligence that a considerable force
has been detached from the army under, the command
of Maj. Gen. Gates during the course of the nego
ciations of the treaty depending between them;
Lieut. Gen. Burgoyne conceives this, if true, to be
not only a violation of the cessation of arms, but
fcbverfive of the principles on which the treaty ori
ginated, viz. a great superiority of numbers in Gen.
Gates's army; Lieut. Gen. Burgoyne therefore
requires that two officers on his part be permitted to
fee that the strength of his forces now opposed to him
is such as will convince him that no such detach^
merits have been made ; and that the fame principle
of superiority, on which the treaty firft began, Itill
exifts.'
16th October.
VIII.
ARTICLES or CONVENTION made between
Lieut. Gen. Burgoyne and Major Gen. Gates,
Article I.
THE troops under Lieut. Gen. Burgoyne are 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 flood, where their
arms and artillery arc to be left. The arms to be
piled by word of command from their own officers.
11. A free passage to be granted to the army under
Lieut. Gen. Burgoyne to Great-Britain, upon condi
tion of not serving again in North America during
the present contest ; and the port of Borton to be
' affigned for the entry of transports, to receive the
troops, whenever Gen. Howe shall order.
difeufs, find fettle those subordinate articled, in order
that the treaty in due form may be executed as soon
as possible.&
(Signed) John Burgoyne.
Camp at Saratoga. 08. 15, 1777.
Major Kingston has authority to fettle the place
for a meeting of the officers proposed.
Settled by Major Kingftoh on the ground where
Mr. Schuyler's house flood.
111. Should any cartel take place, by which the
army under Lieut. Gen. Burgoyne, or any part of
it, may be exchanged, the foregoing article to be
veto as far as such exchange Aral) be made.
IV. The army under Lieut, Gen. Burgoyne, is
to march to Massachusetts Bay, by the easiest, most
expeditions, and convenient route ; and to be quater
ed in, near, or as convenient as possible to Boston,
that the march of the troops may not be delayed when
transports arrive to receive them.
V. Ijhe troops to be supplied on their march, and
during their being in quarters, with provifibns, by
Gen. Gates's orders, at the fame rate of rations as
the troops of his own army; and if possible, the
officers horses and cattle are to be supplied with fo
rage at the ufuil rates.
Names of the Staff Officers killed, wounded, and priforers
Brigadier General Frazer, Sir fames Clarke, Aid-de-Camp
to, Lieutenant General Burgoyne, killed.
Copt. Green, of the 31st regiment, Aid-de^Camp to Major
General Phillips, Capt. Bloomfield, of the royal artillery,
Major of Brigades Major Gen. Phillips, wounded.
Capt. Money of the'gtb regiment, Deputy - Quarter-Master
General, prisoner.
Names of Officers killed, wounded and nffing.
Majer Grant of the 24^ regiment, killed.
Captans Wight, of the 33d, fones, rtyal artillery, wound
ed.
Lieutenants Weftrep and Weight, 91b regt, Lucas, Cooke,
Obins, 2Ctb ditto, Currie, M'Ken%,ie, Robertson, Turnball,
21st ditto, Douglass 29th ditto, Reynal, Harvey, Stuart,
6zd ditto, Haggart, of the Marines, Cleyland, 2d,
Lieutenant, nya'. artillery, killed.
Ensigns Taylor, Phillips, Young, 6zd ditto, killed.
Adjutant Fitzgerald, 6zd ditto, killed. /
Lieutenant Colonels Lynd, of the 20tb regiment, Anfrutber,
€2d do. woun'ded in two different aßiuns.
Major Forbes gtb do. Ackland, 2otb do. Agnew, '24th, do.
Earl of Belcarres, „d do. Harnage, 6zd do. wounded
in two different anions.
Captains Montgomery, Swetenbam, Stapylton, fence dead of
bis wounds, tyb do. Weyms, Dowling, Stanley, Far
quire, %otb do. Strangways, 241 b do. Ramsey, 21st do.
Blake, 24th do. Harris, Ross, 34th do. Craig, 47th do.
Shrimpton, Bunbury, 6zd do. wounded.
Lieuts. Battersby, light infantry, 29th do. Fifeerton, gre
nadiers 21st ditto, Ricbardfon, grenadiers, 34th ditto,
(wounded in two different aflions) Rowe, Stavely, Mur
:rg, Prince, fl 4% Doling, 2^tb, thing duty with
Having committed this state of facts to the considera
tion of the Council, the Generarreqwefts their sentiments
on the following propositions:
ift. To wait in the present position an attack from the
enemy, or the chance of favourable events.
2d. To attack she enemy.
3d. To retreat, repairing the bridges as the army moves
for the artillery, in order to force the passage of the ford.
4th. To retreat by night, leaving their artillery and
the baggage : and fl uld.it be found imptaaicable to
force the panage with mufquetry, to attempt the upper
fird, or the passage round Lake George.
jth. In case the enemy, by extending to their left,
leave their rear open, to march rapidly for Albany.
Upon the firfi proposition resolved, That the situation
would grow woi fc by delay ; that the provision now in
ftofe is not more than Efficient for the retreat Should
impediments intervene, or a circuit of country become
necessary ; and as the enemy did not attack when, the
ground was unfortified, it is not probable they will do it
now, as they have a better game to play.
The fecund un'advifeable and defyerate, there being no
poflibility of reconnoitring the enemy's position, and their
great superiority of numbers known.
The third impracticable.
The sth thought worthy of consideration by the Lieut.
Gen. Major Gen. Phillips, and Brig. Gen. Hamilton,
but the position of the enemy yet gives no open for it.
Resolved, that the fourth proposition is the only re
force, and that to effect it, the utmost secrecy and Silence
is to be observed ; andthe troops are to be put in motion
from the right in the still of the night, without any
change in the disposition.
N. B. It depended upon the delivery of ft days pro
vision in due time, and upon the return of scouts who
had been sent forward to examine by what route the army
could probably move the firft four mties undiscovered,
whether the plan Should take place on that day, or on the
morrow.
The scouts on their return reported, that the enemy's^
position on our right was such, and they had so many
small parties out, that it would be impossible to move
without our march being immediately difeover'd.
Report of the killed, nuounded, and prisoners of the British
troops, (till exaEk returns can be collefled) under the com
mand of Lieut, Gen. Burgoyne, to OEL 12, 1777.
I Brig. General, 1 Major, 2 Captains, 15 Lieutenants, 4
Enfgr.s, 12 Serjeants, 5 drummers, 313 rank and file,
killed.
2 Lieutenant Colonels, 5 Majors, 17 Captains, 18 Lieute
nants, 4 EnJigms, 1 Adjutant, 38 Serjeants, 4 drummers,
715 rank and file, nvounded.
2 Majors, 2 Captains, 3 Lieutenants, 2 Erfigns, I Sur
geon, 4 Serjeants, 2 drummers, 43 rank and file, pri
joners.
Resolved, nem. con. in the affirmative
Q^eft. 2. Is the present situation of that nature ?
Received, nem. con. That the present situation jufti
fies a capitulation upon honourable term:.
The Lieutenant General then drew up the message,
marked No. 2. in the papers relative to the negociation
and laid it before the Council. It was unanimously ap
proved, and upon that foundation the treaty opened.
6^o. 14. Major Kipgfton having delivered the
message mark'd No, 2, returned with the proposals mark
ed No. 3, and the Council of War being assembled
again the Lieutenant General laid them before it, when
it was resolved unanimously to reje& the 6th article, rind
not to admit of it in any extremity whatever.
The Lieutenant General then laid before the Council
the answers to M^jor General Gates's proposals, as
marked in the ^me paper, together with his own pre
liminary proposals m^ked No. 4, which were unani
mously, approved of.
'Ofto. 15. The Council being aflEnbled again; Major
General Gates's answers to Lieutenant General Bur
goyne's proposals were laid before them, whereupon it
was resolved, that they were fatisfadtory, and a fufficient
ground for proceeding to a defintive treaty.
Minuets of a Council of War, held on the Heights of
Saratoga, 'Oflober i%tb, 1777.
PR E SE N T.
Licuh Gen. Burgoyne, Major General Phillips, Major
General Reidcfel, Brigadier General Hamilton.
THE Lieutenant General states to the Council the
present fixation of affairs. &
The enemy in force, according to the best intelligence'
he can obtain, to the amount of upwards of 14000 men,
and a considerable quantity of artillery, are on this fide
the Fish-kill, and threaten an attack. On the other fide
the Hudson's River, between this army and Fort Edward,
is another army of the enemy, the numbers unknown ;
but one co[ps, which there has been an opportunity of
observing, is reported to be about fifteen thousand men.
They have likewise cannon on the other fide the Hud-'
fon's River, and they ha. a bridge below Saratoga
church, by which the two armies can communicate.
The batteauxof the army have been destroyed, and no
means appear of makings bridge over the Hudson's Ri
ver, weie it even practicable from the position of the
enemy.
The only means of retreat, therefore, are by the ford
at Fort Edward, or taking the mountains in order to pass
the river higher up by rafts, or by any other ford which
is reported to be practicable with difficulty, or by keep
ing the mountains, to pass the head of Hudson's River,
and continue to the westward of Lake George all the way
to Ticonderoga; it is true, this last passage was never
made but by Indians, or very small bodies of men.
In order to pass cannon or any wheel carriages from
hence to Fort Edward, some bridges must be repaired under
fire of the enemy from the opposite fide of the river ; 1
and the principal bridge will be a work of 14 or 15 hours;
there is no good portion for the army to take to fuflain
that work, and if there were, the time flared as necessary,
would give the enemy on the other fide the Hudson's
River an opportunity to take post on the strong ground
above Fort Edward, or to dispute the ford while General
Gates's army followed in the rear.
The intelligence from the lower part of Hudson's Ri
ver is founded upon the concurrent reports of prisoners
and deserters, who fay it was the news in the enemy's
camp, that Fort Montgomery was taken ; and one man,
a friend to government, who arrived yesterday, mentions
some particulars of the manner in which it was taken.
The provisions of the army may hold cut to the 20th :
There is neither rum nor spruce beer.
HAMILTON YOUNG,
At his store in Dock-street, between the Ceffee-Houfe,
and Oid-flip;
HYSON, ,
Sufhong, { Tea „
Congo, andt
Bohea J
Loaf sugar,
Cheese,
Bottled ale,
Pepper, ;
Iriih linens, ,
Sheetings,
Dutch ozenbrigs, ,
Scotch ditto,
Worsted and yarn hose,
Thread hose,
Linen handkerchiefs,
Bandanocs,
Breeches patterns, ,
7-8, yard wide, and yard ap<
3-8 cotton and linen
check,
Striped cotton Hollands,
Bedticks,
Fustians,
Voltas,
; To Mr. Norton, Surgeon, Golden-Square, London.
Sir,
IN justice to the merit of your valuable medicine, and
for the benefit of my fellow creatures, I beg you will
publish the following case. I was affti&ed with a Severe
and obstinate feurvy for near two years. I applied to Se
veral of the faculty for relief, without the least appear
ance of success, my disorder growing worse instead of bet
ter; in this Situation, by the advice of a friend, in the
Beginning of March, 1776, I made trial of Mare
dant's Drops; my legs arms, aud other parts of my /
bodyf were exceedingly inflamed and painful; in Short,
my life became burthenfome, having entirely loft my ap
petite, nor could 1 get but very little rest. I took three
bottles after the disappearance of the disorder, and at
this time (it is Sixteen months firci I left them oft,) am
thank God in a goon state of health, and free from every
complaint.'
I am, Sir, your mrift humble Servant,
Edm . S^Nantwich. 1% TREFZE.
Teacher of writing and the mathematics, at
Audlem, Ch,efhire, Sept. 13, 1777.
N. B. Any person defcous of knowing further particu
lars refpe&ing my cure, may be informed, by applying to
me or the w.tnefsi
*, The above drops, are fold by Hugh Gaine.
Speedily will be published.
Lives of the BritifhAdmirals,
OR,
MEMOIRS
OF THOSE
ILLUSTRIOUS SEAMEN
TO
Whose INTREPIDITY and CONDUCT, the
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Interspersed with
The most material Circumstances of N AVAL
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By JOHN KENT, Esq;
LONDON:
Printed for J. Wallis, Yorick's Head, Ludgate-ftreet,
and fold by H. Gaine, New-Vork, where the firft
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This Work will be printed on a beautiful
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Copper Plate Engraving sos the most remar
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from original Drawings, and executed by
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X The Public; may be agured,that this ex
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$ May now be had of
I HUGH GAINE, |
0. In Boxes of 10%205. and 40s. each,@
( g Who has in his Hands a Letter from the
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—? her own Hand, of their Genuineness; which
any Parson may have the Perusal of by ap
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Square.---Where the Public in generalcan be
supplied with most Sorts of
(0) Books and Stationary Ware. $
#$
IB§§§^§^§W^§^
Imported in the last ffiips from London, Liverpool, and
C-lafgow, and to be fold by
tbe ±^t% do. Doyle, t^b do. Rutherford, lift do. Wil
liams, Steel, 2tyb do. Ricbardfon, 34th do. Ilaugbton,
Callan, 53a ' do. Jones, 6otb do. Smith, Hoauartb, roy
al artillery, wounded.
Enfgns Cornel, zotb do. Blake, Hervey, 6zd do. Baron
,de Salons, orb do. wounded.
Adjutant Fietding, gtb do. wounded.
Majors Ackland, commanding tbe grenadiers, Williams, roy
al artillery, prisoners.
Captains Montgomery, Money, gth do. prisoners.
Lieutenants Jobnfon, York, 2§tb do. Hewartb, royal ar
tillery, prisoners.
•E^gr Q'Antrocb, Naylor, 6zd do. prisoners.
Surgeon Sbelly, gtb do. prisoner.
J. B UR GOYNE, Lieut. Gen.
N. B, From tbe iztb, the loss by killed, prisoners, and
desertion, Was very considerable. ,\
N. B. Light and defaced GOLD taken in payment,
at 61. ios. per ounce.
COLBORN BARRELL,
Has imported in the Lenox and John,
A Fre f >f u ffys w hich makes his a&rment ver,
compleat of all kinds of goods suitable to this
market, which he continues falling on the in ft reason
able terms for the caSh, and by wholesale only, at his
Store in Water-street, between commissary Loring's and
Mr. Van Dam's.
Jeans,
Drawboys,
Plain and corded dimity,
Corduroys,
Thickfeta,
Satinet,
Denim,
Royal rib,/
Printed cottons, ' /
Chintz,'
Chjna by th, box,<
4d. 6d. Bd. rod, and 1^
nails,
Ruffled and plain shirts,
Camblets,
Russia fail cloth,
Smoaking tobacco by the
box,
Sbe:t copper,
Railed and thatch'd copped
bottoms,
Beads,
Blue, green and yellow worm
fled furniture check#