Toward evening a flag was sent to General Gates, with a note, intimating that General Burgoyne was desirous of sending a field officer to him upon a matter of great moment to both armies, and wishing to know at what hour the next morning it would suit General Gates to receive him. The reply was, "At ten o'clock, at the advanced post of the army of the United States." Accordingly, Lieutenant Kingston, Burgoyne's adjutant general, appeared at the appointed hour and delivered the following note from his commander: "After having fought you twice, Lieutenant-general Burgoyne has waited some days in his present position, determined to try a third conflict against any force you could bring against him. He is apprized of your superiority of numbers, and the disposition of your troops to impede his supplies, and render his retreat a scene of carnage on both sides. In this situation, he is impelled by humanity, and thinks himself justified by established principles and precedents of state and war, to spare the lives of brave men upon honorable terms. Should Major general Gates be inclined to treat upon that idea, General Burgoyne would propose a cessation of arms during the time necessary to communicate the preliminary terms by which, in any extremity, he and his army mean to abide." General Gates had already prepared a schedule of terms upon which he was willing to treat. It enumerated the distresses of the British army, and declared that they could only be allowed to surrender as prisoners of war, and that they must lay down their arms in their camp. Burgoyne replied, with spirit, that he would not admit that the retreat of his army was cut off while they had arms in their hands, and that the degrading act of laying down their arms within their own camp would not be submitted to. The latter condition was waived, and in the afternoon General Gates ordered a cessation of hostilities till sunset. Negotiations continued until the 16th, when every thing was agreed upon and adjusted, ready for the signatures of the contracting parties. This last act was to be performed on the morning of the 17th.