Reproduced from Delaplaine's Repository of the lives and portraits of Distinguished Americans (Philad.). It was painted by Ames. It is engraved on steel in Allen C. Beach's Centennial Celebrations of the State of New York (Albany, 1879), and by J. B. Forrest in Irving's Washington, ii. 209. A profile likeness by St. Memin is engraved in the Doc. Hist. N. Y., vol. iv. A portrait in uniform at an earlier age was etched by H. B. Hall, in 1866, and appears in the Mag. of American History, December, 1881. An engraving of a bust by Ceracchi (owned by the N. Y. Hist. Soc.) accompanies a memoir of Clinton by W. L. Stone in Ibid., iii. 336.—Ed.
Burgoyne, seeing the danger of Fraser's right being turned, ordered him to fall back to a new position, in doing which Fraser was mortally wounded by one of Morgan's sharpshooters. In the mean time, Poor was playing wild havoc with Acland's grenadiers, captured Phillips's artillery after killing nearly all of its gunners, and then turned their own pieces upon the British, putting the entire left of their army to flight.
The Germans still firmly held their ground in the centre, when Arnold, maddened by his wrongs, dashed wildly into the thickest of the fight, without authority assumed command of his old division, with audacity and judgment led regiment after regiment to the attack at different points, roused his troops to the highest enthusiasm, and forced back by his impetuous assaults the already shattered British line, which Burgoyne then courageously led in person. But all of the British commander's determination was of little avail, his entire forces being driven back into their intrenched camp. Here the wreck of the Anglo-German army made a firm stand; but Arnold still sought new dangers. With desperation he and his fearless followers mounted embankments and abatis to assail Balcarras, then dashed upon the strong works of the German camp, and ceased not his furious onsets till the whole of the enemy's fortified position lay open, when night closed the scene.
The American army in this decisive battle lost 50 killed and 150 wounded, including among the latter the dauntless Arnold. The enemy, besides nine guns, a large supply of ammunition, and much baggage, lost 176 killed, about 250 wounded, and some 200 prisoners. Among those who lost their lives were the gallant Fraser and the sturdy Breyman, and included in the wounded were several British officers of high rank.
Burgoyne, signally defeated and exposed to a new attack by double his fighting force, prudently retreated, on the stormy night of the 8th, to Saratoga, leaving behind his sick, wounded, and everything he could possibly spare. General Fraser was buried, as he had requested, in a large redoubt near the Hudson, the guns fired over his grave being the American artillery aimed at the group of distinguished mourners before knowing the occasion of their assembling.
Gates, who had not been personally engaged in either battle of his army, remained two days with his main body in the abandoned camp of the enemy at Wilbur's Basin, he judiciously having sent detachments to take advantageous positions to hem in Burgoyne. On the 11th, Gates ordered his main body to cross the Fishkill, supposing Burgoyne had further retreated; but his advanced guard of 1,500 men under Nixon quickly withdrew, having discovered the enemy intrenched and in battle array on the other side of the stream.
Burgoyne, now finding himself exposed to the concentric fire of the Americans, who nearly surrounded him, and having no opening through which to retreat to Lake George or to Lake Champlain, called a council of war to deliberate upon his desperate situation. "By their unanimous concurrence and advice", says he, "I was induced to open a treaty with Major-General Gates." At ten A. M. of the 14th, a flag of truce was sent by Burgoyne, asking for a parley, during which Gates demanded an unconditional surrender of the enemy's troops as prisoners of war. This proposition Burgoyne peremptorily refused to entertain. Hostilities in the mean time were suspended, and modified proposals were made. After two days' delay, Gates, hearing of Sir Henry Clinton's advance up the Hudson, and fearing that he might reach Albany, agreed upon the terms, dictated by Burgoyne, as follows:—
The Anglo-German troops to march out of their camp with all the honors of war, and their artillery to be moved to the bank of the Hudson River, and there left, together with the soldiers' arms, which were to be piled at the word of command from their own officers. It was further agreed that a free passage to Great Britain should be granted to the troops on condition of their not serving again in the present contest; that all officers should retain their baggage and side-arms, and not be separated from their men; and that all, of whatever country they might be, following the camp, should be included in the terms of capitulation. Before signing the treaty, Burgoyne demurred to designate it as a capitulation, whereupon Gates readily consented to its being called a Treaty of Convention, and as such it was signed October 16, 1777.
BURGOYNE TO GATES.