declaration that if General Gates designed to insist on it, the
negotiation must immediately break off, and hostilities recommence. On
receiving this decided answer, Gates receded from the rigorous terms
at first proposed; and a convention was signed, in which it was agreed
that the British army, after marching out of their encampment with all
the honours of war, should lay down their arms, and not serve against
the United States till exchanged. They were not to be detained in
captivity, but to be permitted to embark for England.

The situation of the armies considered,[91] these terms were highly
honourable to the British general, and favourable to his nation. They
were probably more advantageous than would have been granted by
General Gates, had he entertained no apprehension from Sir Henry
Clinton, who was, at length, making the promised diversion on the
North River, up which he had penetrated as far as Æsopus.

[Footnote 91: The American army consisted of nine thousand
and ninety-three continental troops. The number of the
militia fluctuated; but amounted, at the signature of the
convention, to four thousand one hundred and twenty-nine.
The sick exceeded two thousand five hundred men.]

The drafts made from Peekskill for both armies had left that post in a
situation to require the aid of militia for its security. The
requisitions of General Putnam were complied with; but the attack upon
them being delayed, the militia, who were anxious to seed their farms,
became impatient; many deserted; and General Putnam was induced to
discharge the residue.

Governor Clinton immediately ordered out half the militia of New York,