General Howe had intended to take Philadelphia and then co-operate with Burgoyne in inflicting a final and crushing blow on the Americans, but the Fabian strategy of Washington again proved too much for the British. Howe being prevented by Washington from crossing New Jersey with his army, undertook an expedition by sea. He sailed up Chesapeake Bay, marched northward with 18,000 men to Brandywine Creek, and there met Washington with 11,000, on the eleventh of September. The British held the field, but Washington retreated slowly, disputing every foot of ground, and it was not until the twenty-sixth of September that Howe entered Philadelphia. Washington attacked the British encampment at Germantown at daybreak on the fourth of October, and attempted to drive the British into the Schuyikill River. One American battalion fired into another by mistake, and this unhappy accident probably saved the British from another Trenton on a larger scale. Howe was unable to send any assistance to Burgoyne until it was too late to save that commander.
Burgoyne found his progress stopped by the intrenchments of the Americans under General Gates, at Bemis Heights, nine miles south of Saratoga, and he endeavored to extricate himself from his perilous position by fighting. Two battles were fought on nearly the same ground, on September 19, and October 7. The first was indecisive; the second resulted in so complete a rout for the British that, leaving his sick and wounded to the compassion of Gates, Burgoyne retreated to Saratoga. There finding his provisions giving out, and that there was no chance for escape, he capitulated with his entire army, October 17, 1777.
The Congress had, by common consent, represented national sovereignty from the beginning of the war, but it was not until November 15, 1777, that articles of confederation were approved by the Congress, and submitted to the States. This compact, entitled "Articles of Confederation and Perpetual Union," was but little more than a treaty of mutual friendship on the part of the several States, and was not sanctioned by all of them until near the close of the Revolution. It was too weak to be effective in time of peace, and hardly necessary in time of war, when the common danger gave sufficient assurance of fidelity to the common cause. However, the Articles of Confederation undoubtedly promoted confidence in the stability of the government where that confidence was most needed, in the European cabinets adverse to British dominion in America.
The surrender of Burgoyne gave to the American cause a status which it had lacked abroad, and it brought into full and effectual exercise the diplomatic side of the struggle for independence. It was then that Franklin showed himself another Washington. "On the great question of the foreign relations of the United States," says Wharton, "it made no matter whether he was alone or surrounded by unfriendly colleagues; it was only through him that negotiations could be carried on with France, for to him alone could the French government commit itself with the consciousness that the enormous confidences reposed in him would be honorably guarded." France, chiefly through the influence of Franklin, had given covert assistance to the colonies from the beginning of the struggle, but the French ministry hesitated to take a decisive step. Fear that the Americans would succumb, and leave France to bear the weight of British hostility, and apprehension that England might grant the demands of the colonists and then turn her forces against European foes, deterred the French government from avowed support of the American cause. The news from Saratoga gave assurance that America would prove a steadfast as well as a powerful ally, and that with the aid of the United States the British empire might be dismembered, and France avenged for her losses and humiliations on the American continent. Nor was revenge the only motive which led France to cast her lot with the revolted colonies. England was already stretching forth to establish her power in India, and France felt that with North America and India, both subject to the British, the maritime and commercial superiority of England would be a menace to other powers.
France did not act without long and careful premeditation on the part of the French crown and its ministers, for the relations between England and her American colonies had been carefully and acutely considered by the statesmen of Versailles long before the point of open revolt was reached. Even when France concluded to throw her resources into the scale on the side of the United States she did not altogether abandon her cautious attitude. The French government acknowledged the United States as a sovereign and treaty-making power; but while the treaty of commerce of February 6, 1778, was absolute and immediate in its effects, the treaty of alliance of the same date was contingent on war taking place between Great Britain and France. It is interesting to note that Benjamin Franklin was the subject of invective by Arthur Lee and others because at the suggestion of Silas Deane, of Connecticut, he procured a clause in the commercial treaty providing for the exportation of molasses to the United States, free of duty, from the French colonies—the molasses being used to manufacture New England rum. Owing to the objection of Lee this clause was afterward abrogated, and the infant industry of making New England rum had to survive without special protection.
Upon receiving formal notice of the treaties Lord North immediately recalled the British ambassador from Paris, and George III. stated, in bad English, to Lord North (the king spelled "Pennsylvania" "Pensilvania," and "wharfs" "warfs") that a corps must be drawn from the army in America sufficient to attack the French islands. There was a state of partial war without a declaration of war. The naval forces of England and France came into unauthorized collision, and actual war was the result.
Pending the negotiations with France Washington and his heroic army spent a winter of painful hardship at Valley Forge, about twenty miles from Philadelphia. Half-naked and half-fed, they shivered in the rude huts which they erected, while their commander, if better housed, showed by actions more than words that he felt every pang of his soldiers. Washington's anxiety at this critical period was greatly aggravated by the conspiracy known as "Conway's Cabal," to depose him from the command, and put in his place the pretentious but incapable Gates. This conspiracy was narrowly defeated by the patriotic firmness of the supporters of Washington in Congress, one of whom—William Duer, of New York, an Englishman by birth—had himself carried in a litter to the floor of Congress, at the risk of his life, to give his vote for Washington. Never on the battlefield did he who is justly called the Father of Our Country show such heroism, such fortitude, such devotion to duty as in face of this combination of deluded men to effect his ruin.