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engagement occurred at White Plains forty-two days later (Oct. 28), in which the British loss was twice as great as that of the Americans. Washington then crossed to New Jersey, leaving Colonel Magaw in command at Fort Washington. Attacked by superior numbers, Magaw surrendered the fort and over 2,600 men to the enemy. The British were now in complete possession of all southern New York, which they held until the close of the war. New York City became, from this time on, the English headquarters in America and the Mecca of Loyalists.

Contest on Lake Champlain.-To the north General Gates was in command in July, 1776, with headquarters at Ticonderoga. Sir Guy Carleton, governor of Canada, was ready with thirty or forty armed vessels and 700 seamen to take the lake. To meet him a flotilla of three schooners, two sloops, three galleys, and eight gondolas was given to General Arnold. The fleets met October 11, but the contest was unequal. One American vessel was sunk and another was burned. The others escaped. in the darkness, but were pursued the next morning and overtaken near Crown Point, where a third ship was captured and the rest were run ashore and burned. Arnold had lost about ninety men in his gallant defense. Carleton returned to Canada, and Ticonderoga was safe.

Treatment of American Prisoners. The soldiers, sailors, and dangerous "rebels" who were British prisoners were cruelly treated. They were crowded into churches, sugar-houses, Columbia College and other buildings, and confined in the hulks of eight old ships, without beds or blankets and with scanty food.

The patriots called the old dungeon-ships "floating hells." Not less than 12,000 Americans died from these hardships, and their remains were collected in later years and now lie entombed in Brooklyn's Fort Greene Park. The Society of Old Brooklynites sacredly preserves about 8,000 of their names. The Americans also used a "fleet prison" up the Hudson for the Tories. Washington wished to exchange prisoners, but Howe preferred to retain his captured "rebels."

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Proclamation of the Howes.-To reclaim the "rebels " General Howe and his brother, the admiral, issued a proclamation offering pardon to all who would submit to the king's authority. Many who believed that resistance to the well-disciplined British army, the hired Hessians, the battalions of Tories and the bands of savages was useless, accepted the pardon. But the great body of the people could not be swerved from their duty to their country.

First Constitution. Meanwhile the convention was framing a constitution for the new state. On August 1, 1776, a committee of thirteen members, with John Jay as chairman,1 was appointed for that work. The committee reported on March 12, 1777, to the convention at Kingston. After more than a month's discussion, the first constitution of the state was adopted on April 20, 1777. It created a legislature of two houses, the senate and the assembly. The executive power was vested in a governor chosen by the people. In the first election George Clinton, John Morin Scott, Philip Schuyler, John Jay, Philip Livingston, and Robert R. Livingston all received votes for governor, but Clinton was elected. "Standing on the top of a barrel in front of the court-house in Kingston" on July 30, 1777, he took the oath of office. John Jay was appointed chief justice and Robert R. Livingston was made chancellor.

CHAPTER XIX. SARATOGA TURNS THE TIDE

Burgoyne's Invasion.-War rather than the new government continued to claim the attention of the people of New York. The state was attacked from the north and south. south. A large A large force of British, Hessians, Canadians, Loyalists, and Indians was coming down from Canada. General Burgoyne was approaching by way of Lake Champlain, and Colonel St. Leger was

1 The other members were John S. Hobart, William Smith, William Duer, Gouverneur Morris, Robert R. Livingston, John Broome, John Morin Scott, Abraham Yates, Henry Wisner, Samuel Townsend, Charles De Witt, and Robert Yates,

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Clair held Ticonderoga and expected to withstand Burgoyne, but the latter dragged a battery up a neighboring mountain, which he called Fort Defiance, and threw shells into Fort Ticonderoga and also upon Mt. Independence. St. Clair was forced to withdraw his forces from both places. Part of his troops crossed to BURGOYNE'S SURRENDER Vermont and the rest sailed up the lake. At Hubbardton the first section was dispersed (July 7, 1777), and the second was defeated at Skenesborough (now Whitehall). Murder of Miss McCrea.-After delays caused by removing trees which Schuyler had felled across the roads, Burgoyne reached the Hudson and now felt certain of success. But causes were at work for his defeat. His His savage allies were arousing the people through their deeds of cruelty. As many as twenty scalps were carried to the British army in a day, and

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among the victims was the beautiful Jane McCrea, who was engaged to be married to one of Burgoyne's officers. The patriot farmers with their own guns, and cow-horns for holding powder, joined Schuyler by the hundred to check the enemy.

St. Leger's Defeat was a severe blow to Burgoyne. Fort Schuyler was garrisoned by 700 men under Colonel Peter Gansevoort. With St. Leger were Sir John Johnson, Colonel John Butler, and Joseph Brant, the Mohawk chief, with a thousand Indians. General Herkimer with 700 Tryon county militiamen, "the bravest people in western New York," marched to aid the fort. At Oriskany, six miles from the fort, he was suddenl attacked by the enemy. The bloody battle lasted an hour and a half, when the enemy was repulsed. Herkimer was badly wounded, but continued to give orders throughout the fight. Before Congress could reward the hero, however, he had died of his wounds.

Battle of Oriskany-While the battle was raging Colonel Willett with 250 men sallied forth from the fort and fell upon the besiegers. Johnson with his Tories and Indians fled in fright. The Americans captured twenty-one wagon-loads of spoil, consisting of clothing, blankets, and stores; also five British standards and all of Johnson's baggage and papers (Aug. 6). General Arnold, with three regiments from Schuyler's army, pursued St. Leger. The Indians were disappointed and angry, and hence deserted the British leader. Arnold increased the panic in the enemy's camp by sending exaggerated reports concerning the size of his army into St. Leger's lines. The stratagem worked like a charm. St. Leger abandoned his artillery,

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