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.

66

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. 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,

descending the Mohawk. Troops from Howe's army

were to co-operate with them in taking Albany and the posts on the Hudson, and thus cut off New England from the rest of the "rebels."

W

A

St.Johns

N A D Α
La Colle

Plattsburg

SARANAC RIVER

AU SABLE

Pont Keni

Burlington

Westport Vergennes

Crown Point

Mt.

Ticonderoga Independence

M

Hubbardton

Skenesborough

HUDSON

(now Whitehall)

Ft.Edward

Salem

Fall of Ticonderoga.-General Schuyler commanded the patriot forces. General St. 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 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

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 suddenly 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,

left his tents standing, and fled in terror to his boats on Lake Ontario (Aug. 23).

Battle of Bennington.-Burgoyne soon received a blow from another quarter. He had sent Colonel Baume to collect stores at Bennington and to prevent New England troops from opposing the march on Albany. Colonel Baume did not get beyond the limits of New York. He entrenched on the Walloomsac River, seven miles from Bennington, and wrote to Burgoyne for more troops. Colonel John Stark had a corps of New Hampshire militia" to stop the progress of the enemy," and was joined by militia from Vermont, Massachusetts, and New York. He attacked Baume on every side, and in less than two hours Baume was slain and his troops were forced to surrender.

The first battle was over when Colonel Breyman arrived with help for Baume. Fortunately Colonel Seth Warner and his "Green Mountain Boys" reached the battle-field at this time. With these troops and such others as he could collect Stark began the second battle. At sunnset Breyman retreated, leaving his artillery, and was saved from his pursuers only by the darkness (Aug. 16). Nearly 700 prisoners were marched to Bennington.

British Open the Hudson.-Burgoyne's sky was very cloudy now. In no direction was there a ray of hope. Sir Henry Clinton conducted a marauding expedition of 4,000 men up the Hudson. General Israel Putnam was deceived by the landing of the British eight miles below Peekskill, for the greater part of their forces crossed under a heavy fog to the western shore to capture Forts Clinton and Montgomery. Putnam sent

troops over the river, but it was too late. Governor Clinton at Kingston, suspecting Sir Henry's purpose, hastened to take command of one of the forts, while his brother James commanded the other. The force in both forts did not exceed 600. The attack and defense were furious. The Americans refused to surrender and were either killed, or captured, or escaped (Oct. 6). Fort Independence, on the eastern bank, and Fort Constitution, on an island opposite West Point, were also abandoned. The British removed the obstructions in the river, and now the way was open to Albany. Sir Henry sent the expedition up the river, while he returned to New York. The shores were plundered and Kingston was reduced to ashes (Oct. 16), in spite of Governor Clinton's efforts to prevent it. But no aid reached Burgoyne from Sir Henry Clinton.

Fall of Burgoyne.-St. Leger's failure, Baume's defeat, lack of help from the south, and the desertion of his Indian and Canadian allies led Burgoyne to think of retreating to Ticonderoga. The patriots under Schuyler were rallying to capture the invaders, when Congress removed Schuyler from command and appointed Gates to succeed him. On September 19 the battle of Bemis Heights was fought, but neither side was victorious. Burgoyne had lost 600 men, but remained on the battlefield. On October 7 the battle of Stillwater, or the battle of Saratoga, was fought with desperate bravery on both sides. At length the British gave way, and ten days later Burgoyne surrendered (Oct. 17). The Americans had won one of the " decisive battles of the world." All patriots rejoiced and saw victory ahead. King George III. and his ministers were in dismay. France