having received certain intelligence that the main body of the British army had been marched off for Fort Edward; and that only the rear guard was now in the camp, who were to follow, leaving the heavy baggage behind. In consequence, orders were issued to attack the camp forthwith; and the officers repaired to their posts accordingly. The oldest brigade crossed the Saratoga creek, and a second brigade was following, when, by the accidental encounter of an English deserter, General Glover learned that the whole army were in the encampment, and he found that the American troops were marching directly upon Burgoyne's park of artillery, masked by a line of brushwood. The advancing troops were halted; Gates countermanded his orders, and the brave men so nearly sacrificed, retreated; but not without loss from the fire opened upon them by the enemy's batteries. It was on this occasion that the British burnt Schuyler's house, mills, and other buildings, as they sheltered the Americans from the artillery. Burgoyne's situation was now nearly desperate. His Indians and Canadians had deserted him. He had no hopes of aid from Sir Henry Clinton. His gallant army was reduced from nearly eight thousand, to three thousand five hundred fighting men. He was surrounded by enemies increasing daily, and already four times his number. Of provisions he had not more than enough for three days. Thus circumstanced, he resolved to abandon every thing but the arms of his companions, and such food as they could carry on their backs, and to force a march up the river by night, cross, and push for Fort George. But even this was found impracticable. Every avenue of escape was guarded. He was obliged to open a treaty with Gates, which terminated in surrender, by a convention.

Had Schuyler retained the command of the army as much would have been gained, if not more. He would have had the same Morgan and Arnold to assist him. The militia were already encouraged by the success of Starke, Willet, and Gansevoort; and the jealousy of the New England men would not have prevented them from defending their firesides, or sharing in the triumphs, a prospect of which was fully open to them before Philip Schuyler was superseded by a man immeasurably his inferiour. But a British army surrendered to Horatio Gates, and the whole continent rang with shouts and songs of praise to the conqueror of Burgoyne. Schuyler was forgotten, or vilified; and in comparison with the triumphant Englishman, Washington was considered unworthy of confidence. Such was popular delusion, heightened by the artful and selfish.

Mr. Stone* says, "flushed with his fortuitous success, or rather

* Stone's life of Brant, Vol. I, p. 278.

with the success attending his fortuitous position, Gates did not wear his honour with any remarkable meekness. On the contrary, his bearing even toward the commander-in-chief was far from respectful. He did not even write to Washington on the occasion, until after a considerable time had elapsed. In the first instance Wilkinson was sent as the bearer of despatches to congress, but did not reach the seat of that body until fifteen days after the articles of capitulation had been signed; and three days more were occupied in arranging his papers before they were presented. The first mention which Washington makes of the defeat of Burgoyne, is contained in a letter written to his brother on the 18th of October -the news having been communicated to him by Governour Clinton. He spoke of the event again on the 16th, in a letter addressed to General Putnam. On the 25th, in a letter addressed to that officer, he acknowledges the receipt of a copy of the articles of capitulation from him-adding, that that was the first authentick intelligence he had received of the affair, and that he had begun to grow uneasy, and almost to suspect that the previous accounts were premature. And it was not until the 2d of November that Gates deigned to communicate to the commander-in-chief a word upon the subject, and then only incidentally, as though it were a matter of secondary importance."

Although Schuyler had no command, he had never ceased his services, and was with the American army. Gen. Burgoyne gives this testimonial of Schuyler's gentlemanly deportment: "I positively assert that there was no fire by order or countenance of myself or any other officer, except at Saratoga. That district is the property of General Schuyler. There were large barracks built by him: they took fire by accident, when filled with my sick and wounded soldiers. General Schuyler had likewise a very good dwelling-house, exceeding large storehouses, great saw-mills, and other out-buildings, to the value, perhaps, of ten thousand pounds. A few days before the negotiation with General Gates, the enemy were approaching to pass a small river preparatory to a general action, and were covered from the fire of my artillery by those buildings. I gave the order to set them on fire: that whole property I have described was consumed. One of the first persons I saw after the convention was signed, was General Schuyler. I expressed my regret at the event which had happened, and the reasons which had occasioned it. He desired me to think no more of it; said that the occasion justified it, according to the rules and principles of war, and he should have done the same. He did more he sent an aid-d'e-camp to conduct me to Albany, in order, as he expressed, to procure me better quarters than a stranger might be able to find. This gentleman conducted me to a very elegant house, and, to my great surprise, introduced me to Mrs. Schuyler and her

family; and in this general's house I remained during my whole stay at Albany, with a table of more than twenty covers for me and my friends, and every other demonstration of hospitality."

The Baroness Riedesel says, "when I drew near the tent, a good-looking man advanced towards me, and helped the children. from the calash, and kissed and caressed them; he then offered me his arm, and tears trembled in his eyes. 'You tremble,' said he; do not be alarmed, I pray you.' 'Sir,' cried I, a countenance so expressive of benevolence, and the kindness which you have evinced towards my children, are sufficient to dispel all apprehension.' He then ushered me into the tent of General Gates. The gentleman who had received me with so much kindness, came and said to me, 'You may find it embarrassing to be the only lady in such a large company of gentlemen; will you come with your children to my tent, and partake of a frugal dinner offered with the best will? By the kindness you show to me,' returned I, 'you induce me to believe that you have a wife and children.' He informed me that he was General Schuyler. Never did a dinner give me so much pleasure as this."

6

Burgoyne did not receive intelligence of the success of Sir Henry Clinton at the forts in the Highlands until after his surrender. This may be attributed to the failure of a message despatched by the English commander-in-chief, who fell into the hands of the American Clinton, by one of those apparent accidents that rule the fate of men and armies. The messenger bore a letter enclosed in a silver ball, with only the words "nous y voici: and nothing between us but Gates." The unfortunate bearer had to pass the American posts in disguise, and would probably have done so in safety, but that a New England regiment under Colonel Webb had joined Governour Clinton, who was at New Windsor collecting troops, and the soldiers were clothed in red coats, which had been taken in an English store ship: some of them were on guard at an out-post, and the spy mistaking them for friends, put himself in their power and betrayed his quality. He swallowed the silver ball, but too late an emetic revealed his errand, and the poor wretch was sacrificed to the policy (perhaps the justice) of war. To this circumstance was owing the ignorance of Burgoyne, that the southern British army was on its way to his relief. Had this messenger reached him, he might not have risked the fatal encounter on Behmus's Heights; but it is vain to indulge in surmises of what might have been-the duty of history is to record that which we know has been.

Wilkinson, as we have seen, was entrusted with the despatches of Gates to congress, announcing an army's surrender, and loitering by the way, a member proposed as his reward for his news a pair of gold spurs.

VOL. II.

17

This year (1777) cannot be passed over without noticing the formation of a written Constitution for what was now declared to be the STATE of New York. The convention held at Kingston, declared that no authority should on any pretence whatever, be exercised over the people or members of this state, but such as should be derived from or granted by them; and it vested the supreme legislative power, in two distinct bodies constituting collectively the legislature. It is dated at Kingston, 20th April, 1777, and signed Leonard Gansevoort, Pres. pro. tem. Among the

members of this convention we find some of the most illustrious names in our state history-John Jay, Gouverneur Morris and others. Of the patriotism, intelligence and integrity of those who formed the old constitution there can be no question-nor is there a question but that it contained its faults and imperfections. But those might have been gradually healed by some few gentle applications, or what were better, the slow but steady and salutary influence of time and usage. This venerable monument of the wisdom of our high minded ancestors has been stricken to the dust. Not content with mildly lopping off some few excresences, or some limbs which drew away too much of the nutriment from the other branches, we, mad and reckless have destroyed the whole tree; and by the Constitution of November 10, 1821, substituted a new system, which has yet to run its career of experiment-perhaps of mischief: which reduces the people to a populace, and concedes to the populace the right of legislating upon the most momentous subjects-the power of making, altering or abrogating the fundamental laws-the constitution itself-almost without restraint.*

* See New Const. of N. Y. Art. 2, Sect. I. The value of the electoral franchise has been still further lowered. And see Art. 8, as to amendments. Numbers of those who voted for the convention which formed the new Constitution thought of nothing more than to get rid of the councils of appointment and revision. One bad feature of the old constitution is retained, the inability of the highest judicial officers to continue in the exercise of their duties after sixty years of age; (James Kent! Ambrose Spencer! Smith Thompson! I will not travel beyond the limits of our own state.) They may be removed by joint resolution of the two houses of the legislature, if two thirds of the members elect of the Assembly, and a majority of the members elect of the Senate concur.-Art. I, Sect. 13. Was not this last provision enough for all beneficial purposes?

CHAPTER IX.

Intrigues against Washington-France becomes a party in the war Alarming situation of Washington-Noble conduct of Colonel William Duer-Conway-Lafayette-Falsehood and meanness of Gates.

1777 On the 17th of October, Burgoyne surrendered. Gates imitated, on the meeting with his humbled adversary, the conduct of the Black Prince, when from real or affected humility he entered London with the captive King of France.

How he deigned to communicate the news of his success to the commander-in-chief, has already been stated; yet he was carrying on a correspondence with his Irish friend, Conway, in which Washington was treated with contempt.

This slight put upon Washington was premeditated, as is proved by a letter from Wilkinson to Gates, of November the 4th, saying that he is often asked the cause of this omission. It is further related, respecting Morgan, that when the conquerour entertained the British officers who were prisoners, and invited his own to meet them, Morgan was omitted; but accidentally coming into the general's quarters on business, when he departed, his name was mentioned, and all the Britons eagerly rose and followed to see the man to whom they attributed, in a great measure, their defeat.

The flatteries that poured in upon him were such as his mind could not bear. His cabal openly declared that he alone was fit for the supreme command. As a step towards it, on the 27th of November, he was appointed president of the board of war, and his friend Mifflin was one of his council. The board appointed Conway inspector-general, with the rank of major-general, and powers, "in effect," says Marshall, "paramount to those of the commander-in-chief," A majority of congress confirmed this appointment, although this man had been recently detected in an infamous correspondence with Gates, and was denounced by Washington as a dangerous incendiary." Happily, General Greene and a number of field-officers would not submit to the indignity of seeing this upstart foreign officer placed in such an office in defiance of the commander-in-chief. They remonstrated; Conway was obliged to retire; and the cabal was defeated in this part of their intrigue. Of General Gates as president of the board of war, I will only ob