,^'t^^z_^ % AMERICAN ANTIQUARIAN SOCIETY. lir^PORT OF THE COUNCIL, OCTOBER 22, 1 ,s 7 7 , CHAKLES DEAXE d2.v3f THE CONVENTION OF SARATOGx\, 1777. Lieutenant-general John Burgoyne AXD TIIK CONVENTION OF SARATOGA ©ne l^unUretr gears ^qo. A Paper read before the Americax Antiquarian Society ox THE 22d of October, 1877 ; By CHARLES DEANE. WORCESTER : CHARLES HAMILTON 1878. f5 THE CONVENTION OF SARATOGA, / / / At the annual meeting of the American Antiquarian Society, held at Worcester, Massachusetts, on the 22d of Octobei-, 1877, the following paper was read as a part of the Report of the Council. After noticing the principal occurrences which immediately related to the Society itself during the previous six months, the writer proceeded as follows : — Passing from what relates to the immediate concerns of the Society itself, I may be permitted now, agreeably to custom, to indulge in some historical theme ; for the treatment of which, and for the opinions expressed, the writer is alone responsible. The nation for the last few years has been passing through a series of centennial eras ; and the liistorical events which they mark have been commemorated anew, alike by pen and tongue. These events, connected with our revolutionary struggle, wit- nessed the birth of the nation, and contributed to bring it into existence. The surrender of Lieutenant-General John Burgoyne, at Saratoga, to the army under Major-General Gates, one hun- dred years ago last Wednesday, the 17th of October, was the 6 gieat event of tlie war. Indeed, Sir Edward Creasy includes Saratoga among the fifteen decisive battles of the world, from Maratlion to Waterloo. Thougli its influence was not decisive in immediately j)Utting a stop to the war, its effects were imme- diate in raising the spirits of the nation from despondency to hope, in cementing the alliance with France, and impressing upon Lord North and his ministry the conviction that their policy as regards America had utterly failed. The general features of this campaign, and its details from its inception to its close, as well as the purposes intended to he accomplished by it, are too well known to be delineated here anew. They have already been treated by the orators of the day on which the Centennial fell, drawing their insi)iration from the spot where the capitulation took place. I have not therefore chosen these themes for myself at this time. I com- mend to those interested a recent Life of Burgoyne, by Edward Barrington De Fonblanque, which contributes some new mate- rials to the Memoir,* and some interesting details respecting the plan of the campaign. " The political object of this plan of operations was the disseverance of the New England States from the other insurgent colonies, by the introduction of two strong military bodies converging upon their centre, and the establishment of a chain of posts extending from the Canadian frontier to New York." (Fonblanque, 238.) There has always been a mystery as to why the American *It may be as well liere to assist in consigning to the tomb of the Capulets the "piece of idle gossip, originally traceable to no higher source than the loose tongue of a jealous woman," though indorsed in one of his ill-natured letters by Horace Walpole, that General Burgoyne was the natural son of Lord Bingle^'. It seems to be as well known as such a matter can be a subject of knowl- edge, tliat he was the son of John Burgoyne, P2sq., and Anna Maria, daughter of Cliarles Burneston, of Hackney, co. Middlesex, Esquire ; that he was born on the 4th of February, 1722-23, and baptized, on the following day, at St. Mar- garet's Church, Westminster. The fact of his having been born in wedlock, says De Fonblanque, is beyond all dispute. (Life and Correspondence of tlie Right Hon. John Burgoyne, by E. B. De Fonblanque, pp. 4, 5; Colonel Chester's Westminster Abbey Kegisters, p. 450.) ^ > minister's instructions to General Bnrgoyne should have been positive and without discretion, that is to say, to effect a junction with General Howe at Albany, while those to liowe were discretionary or equivocal, if not withheld altogether. Mr. Fox said, in the House of Commons, "A gallant officer sent like a victim to be slaughtered where his own stock of personal bravery would have earned him laurels if he had not been under the direction of blunderers, was too shocking a sight for humanity to bear unmoved. * * General Burgoyne's orders were to make his way to Albany, there to await Sir William Howe, but General Howe knew nothing of the matter." (Ibid., 348). The only orders which Howe appears to have received upon this point are contained in this casual sentence in Lord George Germain's despatch of the 18th of May, 17T7, refer- ring to the threatened operations of the American array in the south, — "I trust, however, that whatever you may medi- tate will be executed in time for you to co-operate with the army to proceed from Canada." — A later despatch, says De Fonblanque, containing " explicit instructions to Sir William Howe as to his cooperation with Burgoyne was written, but by one of those shameful acts of official neglect, of which our history unfortunately affords but too many examples, this document was suffered to be pigeon-holed in London, where it was found after the Convention of Sarato- ga, carefully docketed, and only wanting the signature of the minister."* (Ibid., 232, 233). *The mystery respecting these instructions to General Howe, is more partic- ularly explained by Lord Shelburne, who, as appears in a recent Life of him by Lord E. Fitzmaurice, has left a memorandum on the subject of this disastrous blunder made by the American minister, — " The inconsistent orders given to Generals Howe and Burgoyne could not be accounted for except in a way which it must be difficult for any person who is not conversant with the negligence of office to .comprehend. It might appear incredible, if his own secretary and the most respectable persons in office had not assured me of the fact, and what corroborates it is that it can be accounted for iu no other way." Lord George Germain " having among ofher peculiarities a particular aver- sion 10 be put out of his way on any occasion, had ari-anged to call at his ofiice 2 8 Lord Mahon observes, that, " Of all the events in the American war, the greatest and most important, in its resnlts, at least, was Saratoga. Of all the men in the American war, the greatest and most important, beyond all doubt or parallel, was Washington. Yet these two appear wholly unconnected. Washington had nothing whatever to do with Saratoga. This I do not here note down in disparagement, or as lessening, even in the smallest degree, the hero's most just renown, but as evincing one of those apparent conti-adictions — one of those deficiences in stage effect — on which, more than on any other point, real life will be found to differ from fiction — an epic from a history." (Hist, of England, VI., 201). It is well known that the surrender of Bnrgoyne^s army was not unconditional, that is to say, they did not surrender as prisoners of war ; but under an agreement with General Gates called a " Convention." The sul)stitution of this name for "capitulation," tlie term first used in the negotia- tion as written out, was at the request of Burgoyne himself, in the name of his army, and seems to have been an after- thought of his, as I trather from Wilkinson's interesting narrative of these events. It has been supposed that Bur- goyne was prompted in desiring that the ti-eaty should be called a "Convention" by the recollection of the Conven- tion of "Closter Seven," twenty years before, in the seven years war, which the Duke of Cumberland, and otliers of his school, liad always maintained to be wliolly free from the shame of a surrender.* The word, I suppose, simply means an agreement, and would naturally be chosen by one writing in the French language, to indicate a surrender on terms. The army of Cornwallis surrendered to Washington by virtue of an agreement, or capitulation, or convention, tliongh it was not called by the last name. His troops, it on his way to the country in order to sign the despatches, but as tliose addressed to Howe had not been ' fair copied ' and he was not disposed to be ballced of his projected visit into Kent, they were not signed then, and were forgotten on his return to town." (Fonb., 233). *Mahon, VI., 193. 9 is true, siin-endered as prisoners of war, but, nevertheless, it was stipulated, that they should so surrender, and that all public stores, the military chest, accoutrements, &c., should be given up. The Britisli commander desired that his troops should be allowed to embark for home, but, Wash- ington replied, that that was inadmissible. General Burgoyne substantially made his own terms, which were most favorable to his army. They were as follows : — Articles of Convention betioeen Ziieutenant- General Burgoyne and Major- General Gates. I. "The troops, under Lieutenant-General Burgoyne, to march out of their camp with the honours of war, and the artillery of the entrenchments, to the verge of the river where the old fort stood, where the arms and artillery are to be left ; the arras to be piled by word of command from their own officers. II. " A free passage to be gfanted to the army under Lieutenant- General Burgoyne, to Great Britain, on condition of not serving again in North Amei'ica during the ]>resent contest ; and the port of Boston is assigned for the entry of transports to receive the troops whenever General Howe shall so order. III. " Should any cartel take place, by which the army under Gen- eral Burgoyne, or any part ot it, may be exchanged, the fore- going article to be void as far as such exchange shall be made. IV. " The army under Lieutenant General Burgoyne to march to Massachusetts Bay, by the easiest, most expeditious, and conve- nient route ; and to be quartered in, near, or as convenient as possible to Boston, that the march of the troops may not be delayed when transports arrive to receive them. V. "The troops to be supplied on their march, and during their being in quarters, with provisions, by General Gates's orders, at the same rate of rations as the troops of his own array ; and if possible the officers' horses and cattle are to be supplied with forage at the usual rates. 10 VI. " All officers to retain theii* carnages, batt-horses and other cattle, and no baggage to be molested or searched ; Lieutenant- General Burgoyne giving his honour that there are no public stores secreted therein. Major-General Gates will of course take the necessary jneasures for the due performance of this article. Should any carriages be wanted during the march, for the trans- portation of officers' baggage, they are, if possible, to be supplied by the country at the usual rates. VII. "Upon the march, and during the time the army shall remain in quarters in Massachusetts Bay, the officers are not, as far as circumstances will admit, to be separated from their men. The officers are to be quartered according to rank, and are not to be hindered from assembling their men for roll call, and othei" neces sary purpbses of regularity. VIII. "All corps whatever, of General Burgoyne's army, whether composed of sailors, batteau-men, artificers, drivers, independent companies, and followers of the army, of whatever counti-y, shall be included in the fullest sense and utmost extent of the above articles, and comprehended in every respect as British subjects. IX. "All Canadians, and persons belonging to the Canadian estab- lishment, consisting of sailors, batteau-men, artificers, drivers, independent companies, and many other followeis of the army, who come under no particular description, are to be permitted to return there ; they ai"e to be conducted immediately by the shortest route to the first British post on Lake George, are to be supplied with provisions in the same manner as the other tioops, and are to be bound by the same condition of not serving during the present contest in North America. X. "Passports to be immediately granted for three officers, not exceeding the rank of captains, who shall be appointed by Lieutenant-General Burgoyne, to carry despatches to Sir William Howe, Sir Guy Carleton, and to Great Britain by the way of New York ; and Major-General Gates engages the public taith that these despatches shall not be opened. These officers are to set out immediately after receiving their despatches, and aie to travel the shortest route, and in the most expeditious manner. 11 XL "Daring the stay of the troops in Massachusetts Bay, the officers are to be admitted on parole, and are to be allowed to wear their side arms. XII. " Should the army under Lieutenant-General Burgoyne find it necessary to send for their clothing and other baggage to Canada, they ai-e to be permitted to do it in the most convenient manner, and the necessary passports granted for that jiurpose. XIII. " These articles are to be rantually signed and exchanged to-morrow morning at 9 o'clock, and the troops under Lieutenant- General Burgoyne are to march out of their entrenchments at three o'clock in the afternoon. (Signed.) "HORATIO GATES, Major-Ge7ieral. (Signed.) "J. BURGOYNE, Zieuteuatit- General "Saratoga, Oct. 16th, 1777." "To prevent any doubts that might arise from Lieutenant General Burgoyne's name not being mentioned in the above ti-eaty, Major-General Gates hereby declares, that he is under- stood to be comprehended in it, as fully as if his name had been specifically mentioned. "HORATIO GATES."* The most iniportant article in the Convention was the stipnlation that the captured army, of nearly six thousand men, should be allowed free passage to England, on condition of not serving again in North America during the then exist- ing contest. The port of Boston was assigned for the entry of the transports, to receive the troops, whenever General Howe should so order. General Gates witliout doubt conld liave made better terms. If he had insisted on those he originally proposed, the desperate condition of Burgoyne's army, as afterwards ascertained, would have compelled his compliance. But Gates feared the movements of the British, below him, who were making some demonstrations on the river, sufficient * Wilkinsou's Memoirs,!., pp. 317-320. 12 certainly to create alarm ; information had been received that forts Clinton and Montgomery had been taken on the 6th of this month, among his own soldiers, after the negotiations had commenced, the rumor had spread that a capitvilation was going forward ; so he was anxious to bring tlie treaty to a consummation, and the terms of the British general were accepted. It is well ktiown that this agreement was not kept on the part of the United States in one essential particular. The troops were not allowed, according to the 2nd article, to leave the country, but were kept as prisoners of war. This Convention, it will be understood, was a military one, made by two commanders, exercising as such powers which they clearly possessed, and was entitled, — " Articles of Convention between Lieut. -General Burgoyne and Major- General Gates." It contained nothing pertaining to civil matters, to which in such treaties, objection is sometimes made, and it was not conditioned upon a ratification by the respective governments. No complaint was ever made that either General had exceeded his powers as a military com- mander, in making it, and no one has ever contended that the Convention in itself, as an agreement, should not have been sacredly kept. " Ca])itulations for the surrender of troops, fortresses and particular districts of country," says Whenton, " fall naturally within the scope of the general powers intrusted to military and naval commanders. Stipulations between the governor of a besieged place, and the general or admiral commanding the forces by which it is invested, if necessa- rily connected with the surrender, do not require the subse- quent sanction of their respective sovereigns. Such are the usual stipulations for the security of the religion and privi- leges of the inhabitants, that the garrison shall not bear arms against the conquerors for a limited period, and other like clauses .properly incident to the particular nature of the transaction." (Lawrence's Wheaton, 687, 688). 13 No one of the early historians of the American war, that I have met with, has undertaken deliberately to defend the Congress in the course they took. Some have feebly apolo- gized for them. Judge; Marshall gives, summarily, a narrative of the principal facts, but fails to give a judgment in the case, except what the intelligent student may read between the lines. Gordon, who was a good collector of facts, and quite independent in forming his judgment upon them, clearly condemns the Congress. Dr. Palfrey, the latest and best historian of New England, in a critical review of Lord Mahon's History of England, in the North American ■Review, for July, 1852, says, — " We think there was mis- conduct, we fear there was bad faith, in relation to the treatment of the convention troops." On the other, hand, Mr. Bancroft, the principal historian in our own day of the Kevolution, usually careful in his facts, says that " the Convention of Saratoga had been broken by the British at the time of the sui'render by the concealment of the public chest and other public property of which the United States was thus defrauded " (X., 126) ; implying, therefore, that the Congress were thereby liberated from any obligations to keep the treaty on their part. 1 propose to examine this question, so far as my limited time and space will allow me, by the aid of contemporary letters and documents, some of which have never been published. The Convention was signed on the 16th of October, the surrender took place on the 17th. Deputy Adjutant-Gen- eral Wilkinson, the principal person employed on the part of General Gates, in arranging the preliminaries of the treaty, was sent to Congress to notify that body of the surrender. He was delayed by ill health and bad weather, and only arrived at York, Pennsylvania, where the Congress was then sitting, on the 31st of that month. He was eleven days from Albany, and iifteen days had elapsed since the surrender. No wonder that some waggish member should 14 have snirgested that a pair of Sj)nrs be voted to the tardy bearer of despatclies. The rninor of tlie surrender had preceded Wilkinson, but he bore the official announcement in a letter from Gates to Hancock, the President of the Congress, dated the day after the surrender.* Wilkinson says, that, in the course of his first audience, he thouglit he "perceived a disposition in two or three gentle- men to derogate from General Gates's triumph. I had been questioned as to the practicability of making Bnrgoyne's army prisoners of war, and had heard it observed that it would have been better for the United States if that army had escaped to Canada, where it would have been out • f the way ; whereas the Convention would merely serve ; > transfer it to Sir William Howe, and bring Burgoync's whole force immediately into operation against us on the Atlantic coast. As unreasonable as these exceptions wei they mei'ited consideration, and I determined to exercise t authority General Gates had given mc, and meet them by a message to be prepared for Congress, in his name. I con- sulted two of my friends, Messrs. Samuel Adams and James Lovell, on the subject, to whom I had letters, who com- mended the plan, and I made a draft which they entirely approved." Having prepared his documents, with the returns of the two armies, and of the ordnance and stores caplured, Wilkinson again appeared before the Congress on the 3d of November, and gave the reasons, already in part recited, why General Gates granted such favorable terms to General Burgoyne in the capitulation ; and he closed by *The rumor of the surrender had for some days preceded the event of the capitulation. Timothy Pickering, from the army near PhihKlelphia, writes : — " Last Saturday, the 18th instant [Octoher] we received by Express the truly great and glorious news of the surrender of General Burgoyne and his whole army prisoners of war." Thirteen pieces of cannon were fired. Washington issued the following order: " On the 14th instant General Burgoyne and his whole army surrendered themselves prisoners of war." (Life of Pickering, L, 177,178). General Putnam, who was stationed on the Hudson, some distance south of Saratoga, at Fishkill, had written to Washington on the IGth that the surrender had already taken place. Putnam's information had been premature. 15 laying; before tliat body all the documents, thirteen in number, relating to the Convention. (Wilkinson's Memoirs, I., 332, 333). On the day the official despatch of the surrender was received, Congress appointed a Committee of three " to prepare a recommendation to the several states, to set apart ' a day for thanksgiving, for the signal success, lately obtained over the enemies of these United States." On the 1st of November that Committee reported a recommendation that the 18th of Deceml)er be set apart for this purpose, foras- much as Almighty God has been pleased " to crown our avins with most signal success." On the 4th of November ; oy resolved, "that a medal of gold be struck under the direction of the board of war, in commemoration of this e- ent, and in the name of these United States, presented by ase President to Major-General Gates." In this resolution thev speak of " the honorable and advantageous terms," on which the enemy have surrendered themselves to these states. This can hardly be regarded otherwise than as a ratification in effect of the doings of General Gates. In the meantime Burgoyne's army was marcliing, in two divisions, across the state of Massachusetts to the neighbor- hood of Boston — guarded by a body of troops under the command of General Glover — where they arrived about the 6th of November. The Brunswickers and Hessians were quartered in barracks on Winter Hill, and the British on Prospect Hill ; and tlie officers were quartered principally in Cambridge, but also in the neighboring towns. The news of the surrender reached Boston on the 22nd of October, five days after the event, and created great enthusiasm. Tlie Boston newspapers of the day tell of the general joy it occasioned ; of the ringing of bells, firing of cannon, and illuminations. " In the evening, our General's quarters," writes Heath of himself, " was beautifully illumi- nated." But the authorities of the State, wlio had been at once notified that the troops were on their waj^ to the 16 neighborhood of Boston, began soon to reflect on the serious responsibility which would be thrown upon them \)j the advent of such a large army, eating out their substance. Accordingly, on the 25th, the President of the Council, Jeremiah Powell, and the commander of the Eat^tern depart- ment. General Heath, each wrote to General Wasliington, suggesting that application be made to the British General Howe to expedite the shipment of the troops from Boston. " I must entreat your Excellency's endeavors," says General Heath, " to facilitate their removal as soon as possible, as their continuance for any considerable time will greatly distress the inhabitants, both as to provisions and fuel, especially the latter. Wood is now fourteen dollars per cord on the wharfs, and the inhabitants cannot obtain a supply at that price," &c. (Letters to Washington, II., 17). General Washington replied to each of these letters under date of November 5th. To Mr. Powell, dated " Camp, at White Marsh," he says, — "I have been duly honored with your favor of the 2oth ultimo, and join your honorable Board most heartily in congratulations on our success in the surrender of General Bnrgoyne and his army ; an event of great importance, and which reflects the highest honor upon our arras. In respect to the cml)arkation of the prisoners, I take it for granted, that the beneficial consequences which the British nation would derive from their arrival in England will be sufficient motives for General Howe to use every [lossible exertion to get them away, and that no application for that end will be necessary. For, as soon as they arrive, they will enable the ministry to send an equal number of other troops from their dilferent garrisons to join him here, or upon any other service against the American States. I shall be soiry, if their remaining should subject you to the inconveniences, which you seem to apprehend; and, if they can be acconunodated, I think, in point of policy, we should not be anxious for their early departure. As to the transports, if General Howe is in a situation to send them, it is to be presumed, that they will be properly appointed with provisions and wood, the terms ot convention not obliging us to furnish their piisoners for a longer time than their continuance in our hands." (Sparks's Washington, V., 137). Washington also in similar language wrote to General Heath: — "I do not think it to our interest to expedite the 17 passage of the prisoners to England ; for you may depend upon it tliat tliey will, immediately upon their arrival there, throw them into different garrisons, and bring out an equal number. Now if they sail in December they may arrive time enough to take the places of others who may be out in May, which is as earl}' as a campaign can be well entered upon. I look upon it that their principal difficulty will arise from the want of provisions for the voyage ; and therefore, although I would supply them with every article agreeable to stipulation, I would not fnrnish an ounce for sea-store, nor suffer it to be purchased in the country." (Heath papers).* On the 13th of November, Washington again wrote to Heath, reiterating the views expressed in the citation given from his former letters, and intimating that General Bur- goyne would probal)ly soon apply to have the port of embarkation changed from Boston to- Rhode Island, or the Sound, saying that no encouragement should be given to such an application. His letter here follows: — Head-Quarters, 13 November, 1777. Dear Sir, In my letter of the oth in answer to yours of the 22nd [25th] ultimo, I mentioned, that it was not our interest to expedite the passage of tlie prisoners to England. Upon a review of the matter, I am more and more convinced of the propriety of the observation. The most scrupulous adherence, on the part of the enemy, to the convention of Saratoga will justify their placing the prisoners in garrisons, as soon as tbey arrive in Britain, and will enable the *Thp Heath manuscripts referred to are the papers of Major-General William Heath, embracing otHcial letters and documents relating to the period of the Revolutionary War. He was the Commander of the Eastern Department during the time that General Burgoyne and his army lay in the neighborhood of Boston, and the papers relating to those troops are very voluminous and of the highe>t value. The "' Heath Papers," comprising twenty-eight volumes in folio, are in the Library of the Massachusetts Historical Society— the gift of Mr. Amos A. Lawrence— and by the courtesy of that Society I have been allowed free use of them. The letters of Washington to Heath in this collection have been printed, and are soon to be published by the Historical Society in a Revo- lutionary Volume, edited by a Committee of which the Hon. Charles Francis Adams is chairman. 18 ministry to send out an equal number of troops to reinforce General Howe, or upon any other service against these states. This being the case, policy and a regard to our own interest are strongly opposed to our adopting or pursuing any measures to facilitate their embaikation and passage home, whicli are not requiied of us by the capitulation. If by our exertions these ends aie piomoted, our generosity will be rewai'ded, in the arrival of as large a force by the end of March, or early in Api'il, for the pm-poses suggested above. Tliese considerations lead me to observe, that it is extremely probable General Burgoyne will apply to you, or perhaps to tiie Council of the State, to dispense with the articles of convention, so far as they respect the port for their embarkation, and to change it fiom Boston to some place in Rhode Island or the Sound. I know he has received a hint upon the subject from General Howe. Should such a requisition be made, it ought not to be complied with upon any principles whatever. It cannot be asked as a matter of right, because by the articles Boston is assigned as the port. It should not be granted as a matter ot favor, because the indulgence will be attended with most obvious and capital disadvantages to us. Besides the delay, which will necessarily arise from confining them to Boston, as the j)lace of departure, their transports in a voyage round at this season may probably sutFer considerable injury, ifnd many of them may be blown as far as the West Indies. These considerations, and others needless to be added, have struck me in so important a point of view, that I have thought it expedient to write to you by express. Lieutenant Vallancey, who came with General Bur- goyne's desi)atches, left this on his return yesterday morning, and I make no doubt in a little time after his arrival. General Bur- goyne will request the port of embarkation to be altered. In- dependently of the impolicy of granting the requisition, iL appears to me, that no one has authority to do it but Congress. (Sparks's Washington, V., 143-145). Ou the 14th of November, Washington wrote also to General Gates respecting the Convention troops, caution- ing hiin against giving any encouragement to General Bur- goyne, sliould he apply to him, that the port of embarkation would be changed. It is not probable that General Gates or General Burgoyne considered for a moment, when Boston was named in the treaty as the port of •embarkation, the difficulties and dangers that might occur in sending trans- ports round Cape Cod to Boston in the winter season. Probably each regarded it as desirable . that tiie troops 19 should etnhurk as soon as practicable. The treaty was made in good faith. Burgoyne had complied with his part of it in surrendering his troops, and it Only remained that every reasonable facility should be afforded, on the other side, for their embarkation as soon as General Howe should furnish tiie trans})orts. Gates replied under date of November 23d that he had never entertained the idea that General Burgoyne should be permitted to exchange the port of eml>arkation, or that the terms of the convention should be moditied in his favor. But he suggested to Washington that although the British troops on their return home might be ordered to duty there, that the Germans could not by law serve either in Great Britain or Ireland. His letter, dated at Albany, here follows, — " Sir, I am just now honored with the receipt of your Excellency's letter of the l-ith instant, fi'om Wliite Marsh. I have never entertained the smallest idea that General Bui-goyne should be permitted to excliange the port of embarkation, or that the least variation of the spirit and letter of the convention would be indulged to tlie troops under his connnaud. There is no doubt but the British regiments, upon their airival in England, will be ordered to do duty there ; but tlie Geruiaiis cannot by the laws, serve in Great Biitain or Ireland. If General Burgoyne has any sinister design, what I suggested to Congress in my letter of the lUth instant, a copy of which I conclude your Excellency has received, will be a good method of delaying, if not final preventing, the execution of his project.* I shall write to-morrow by the Bostou post, to General Glover, who is charged with the embarkation of the prisoners under the convention and send him a copy of your Excellency's letter. I am Sir Your Excellency's most obedient, humble servant." (Letters to Washington, II., 48, 49). On the 26th of November, Washington wrote as follows *I find no copy of Wasliington's letter to Gates, nor of Gates's of the 10th of November to Congress. It seems that the suspicions of Congress relative to General Burgoyne and his army, had already been communicated to General Gates. 20 to Laurens, tlien president of the Congress in the place of Hancock, who had resigned, — "By a letter from General HoAve to General Burgoyne which passed through my hands, he hinted that liberty might proba- bly be granted for the prisoners to embark at Rhode Island, or some part of the Sound. This indulgence appearing to me inadmissible I immediately Avrote to General Heath to prevent him from giving the least countenance to the measure, in case it should be requested : and also to the Council of Massachusetts and General Gates, lest he should extend his applications to them. The reasons, I am persuaded will at once occui' to Congress for my conduct in this instance, as well as for General Howe's ; and I have been induced to mention it here on a supposition that General Burgoyne may address them on the subject. If the embarkation is confined to Boston, it is likely that it will not take place before some time in the spring, or at least towards the end of Febi-uary ; whereas if it were allowed at either of the other places it might be made this month or the beginning of next, and the troops arrive in Britain by the month of Januaiy : a circumstance of great importance to us, as, the moment they get there, the most scrupulous and virtuous observance of the convention will justify the ministry in placing them in garrison, and sending othei's out to reinforce General Howe or upon any other expedition that they may think proper to undertake against us. Besides, compelling their transports to perform a long coast- ing voyage at a tempestuous season, may bring on the loss of many, and be the means of deferring the embarkation for a long time.' (Sparks's Washington, V., 171-173). Five days afterward, on tlie fii'st of December, Con gross, after reciting that they had "received information" of tlie intention of Generals Howe or Burgoyne, as expressed in Washington's letter, passed the following resolve, — '■'■Jlesoh'ed That Mr. President inform General Gates, the Council of Massachusetts Bay, and Major-Gen. Heath, that it is the resolution of Congress, that if any such application as before mentioned is made, that it be utterly rejected, and that the said troops, when they do embark, nnist be shipped from the port stipulated by the convention of Saratoga and no other." Soon afterward, ac(H)rdingly, General Burgoyne did apply to Washington, ci'aving the indnlgence named. His letter to iiim had been already written on the 25th of November. 21 " Your Excellency," he says, " will have observed by the des- patch from Sir William Howe to nie, which passed through your hands, that it was matter of great doubt whether the transports destined to carry the troops to England, according to the con- vention, would be able to make the port of Boston in this advanced season of the year ; and therefore that it might be advisable to send them to Rhode Island, upon the supposition that a mere change of place, which made no alteration in the intent and meaning of the convention, would be readily agreed to. That no time may be lost in an embarkation, whicli I conceive will be equally desirable to the trooi)S and to this couutry in point of conveniency, I take the earliest occasion to apply to your Excellency, or thi'ough your means, if you judge necessary, to the Continental Congress, for consent to march the troops to Provi- dence or such other place as may be commodious to pass them by small craft to Newport ; this march to take place whenever advice shall be received of the arrival of the transports. Should any objection be against Rhode Island, any convenient port in the Sound would equally answer the purpose." (Ibid., 521). General Burgoyne added, that, if any considerations sliould arise, which he did not foresee, to make this proposal objec- tionable to Washington or to Congress, he, in that case, requested passports for himself and Itis suite to embark for home from R.hode Island in a separ^ite frigate. He also added that his private concerns and the state of his health, rendered it necessary that he should return to England. Washington communicated this letter to the President of Congress, under date of the 14th of December, from Head- Quarters, near the Gnlf, — " Enclosed is a copy of a letter from General Burgoyne, by which you will perceive he requests leave to embark his troops at Rhode Island, or at some place on the Sound ; and, in case this cannot be granted, that he may be allowed, with his suite, to go there and return from thence to England. His first proposition, as I have observed upon a former occasion, is certainly inad- missible, and for reasons obvious to himself. As to the second, which respects the departure of himself and suite. Congress will be pleased to determine upon it, and favor me with their senti- ments by the first opportunity, that I may know what answer to give him."* (Ibid., 186). *"I learn from Mr. Griffin, who has just come from Boston," continues Washington, " that this gentleman either holds, or professes to hold, very dif- erent ideas of our power from what he formerly entertained; that without 22 The journals of Congresf^, under date of the 17th of December, record the receipt of this letter of Washington, witli a letter of General Burgoyne, of the 25th of No- vember, enclosed, and the resolve wliich followed, namely — " Resolved that General Washington be directed to inform General Bnrgoyne that Congress will not receive nor con- sider any proposition for indulgence or altering the terms of the Convention of Saratoga, unless immediately directed to their own body." This was all the notice which was taken by Congress of General Burgoyne's application. In enclosing General Burgoyne's letter of the 25th of November, to Washington, soliciting a change in the port of embarkation. General Heath intimates some suspicion of a sinister design on the part of the British Generals in making the request. He writes, — " Resting assured of your Excellency's wisdom, and that the least advantage will not be gained by the enemy in any manojuvres pro]>osed by tiiem where you are to have the decision, I will not presume to mention any ohjections that liave arisen in my mind against General Howe's proposal." (Heath papers). The vote of Congress of the 17th of December was not expressed in the most courteous manner, and really did not reply, affirmatively or negatively, to General Burgoyne's re- quest. Tiie vote of the first of December had expressed their negative as to the change of the port of embarkation for the troo[)s, but had not been adopted when his letter was written. Washington would seem to have been the proper person for General Bnrgoyne to apply to ; certainly the proper medium for conveying his wishes to Congress. Washington seems, reserve, he has said it would be next to impossible for Britain to succeed in her views, ami that he should with freedom declare his sentiments accordingly on his arrival in England; and that he seemed to think the recognition of our independence, bj' the King and Parliament, an eligible. maasure, under a treaty of commerce upon a large and extensive scale. How far these professions are founded in sincerity, it is not easy to determine ; but if they are, what a mighty change 1 " V 23 in some of his letters, to have preferred that Congress should pass upon all matters relating to the Convention troops, and that he might simply be the medium for com- municating their wishes. Two days after its passage, the vote of the 17th of December was received by Washington, who on the fol- lowing day, transmitted it to General Burgoyne by express. The General was, of course, seriously disappointed, on its receipt. Some days before, he had received information of the vote of the first of December, but he still had hopes that the application for himself and suite might be granted. But a more serious blow awaited him ; indeed, a series of blows ; and they now followed each other in rapid succession. In giving the advice, so strenuously urged on the part of Washington, to effect a delay in the embarkation of the troops, or to guard against their receiving any indulgence in this respect, he felt that the recommendation was strictly within tlie letter of the Convention — the port of Boston having been named as the port of embarkation. , But Washington continued to keep a watchful eye on these troops. In his letter of the 14tli of December, enclosing to Congress the application of General Burgoyne, referred to, he concludes thus, — " While I am on the sub- ject of Mr. Burgoyne and his army, I would submit it to Congress, whether it will not be riglit and reasonable, that all expenses, incurred on their account for provisions, should be paid and satisfied previously to their embarkation and departure. I mean by an actual vdeposit of the money. Unless this is done there will be little reason to suppose that it will ever be paid. They have failed (that is the nation) in other instances, as I have been told, after liquida- ting their accounts, and giving the fullest certificates, and we cannot expect they will keep better faith with us than with others." (M4., pp. 186, 187). c^^^^^ ^ It will be remembered that, by the terms of the Conven- tion, the charge for the support of the captiii'ed troops, 24 which was to be borne hj the British till their embarkation, was to be at the same rate of ration as was paid the Com- missary for the support of the American troops.* The expense was large, about twenty thousand dollars a week, in Continental currency, then valued from two to three dollars for one in coin. Washington then proceeds to say, — "The payment too, T should apprehend, ought to be in coin, as it will enable us to administer some relief to our unfortunate ofiicers and men who are in captivity." The commissaries' accounts against the United States were made out in the depreciated currency, and were discharged in that currency, and the suggestion that General Burgoyne should be compelled to pay the face of such bills in coin, could hardly be said to come within the letter or spirit of the Convention, Congress was not slow in acting upon this hint of Washing- ton, for, on the 19th, live days after the )i« < > oipt of his letter, in considering the report of the board of war, they ordered, " that the accounts of all provisions and other necessaries which already have been, or which hereafter maj^ be supplied by the public to prisoners in the power of these states, shall be discharged by either receiving from the British Commissary of prisoners, or any of his agents, provisions or other necessa- ries, equal in quality and kind to what liave been supplied, or the amount thereof in gold and silver, at the rate of 4 s. 6 d. for every dollar of the currency of these states : and that all these accounts be liquidated and discharged^ previous to the release of any prisoners to whom provisions or other necessaries shall have been supplied." A preamble to this resolve stated that General Howe had required that provisions should be sent in for the subsistence of the American prisoners in his possession, and that for the .purchase of such necessaries he had forbiddeta the circula- tion of the currency of the states within such parts as are * " Andiif possible the officers' horses and their cuttle are to be suppJied with )forage at the usual rates." 25 suhjectecl to his power, and also that the continental money had been connterfeited by General Howe's agents. The charge for supporting the Convention troops, united to the ordinary expenses of General Heath's department, caused him serious embarrassment. His debts were large and his constant calls for money on the Congress were answered only by promises. The depreciated continental bills could not be supplied as fast as they were wanted. Accordingly, on the first of January, 1778, Heath applied to General Burgoj^ne with a request that he should settle his account for the month of November, to which General Burgoyne assented ; and General Heath had agreed to receive the continental bills in paynient, which he was very glad to get. Before the acconnts, however, were discharged, and the money paid, General Heath received from Mr. Laurens the resolve of Congress of the 19th of December (he received it oft the evening of January 2nd ; it took from twelve to fourteen daj^s for an express to reach Boston from the Congress at York, Pennsylvania), with instructions to enforce its provisions upon General Burgoyne and his troops. He accordingly, the next day, wrote to General Burgoyne, citing the above preamble and resolution of Con- gress of the 19th ultimo, respecting the payment "in kind, or in gold and silver," adding, " I am also directed to see ' that all acconnts with you are settled and fully paid in the same manner before the embarkation of your self or other officers and troops included in the Convention of Saratoga.' I thought it my duty to give your Excellency the earliest intimation of this order that you may take such steps as may be necessary for the settlement of the accounts, which cannot be settled by me in any other way than as above directed." (Heath papers). Two days afterward General Health wrote to President Laurens, acknowledging the receipt of the resolution of Congress, and relating to him the offer he had made to Gen- e'-al Burgoyne for a settlement in part of his accounts, and 26 reiterating his embarrassment as to funds. The Cong-ress had directed that any solid coin received in payment to the government should be sent on to the Treasury, so that no relief was afforded to the distresses of General Heath by any payment whicii Burg03'ne might make in tliat article. The letter seems to me of sufficient interest to be printed entire, — "Head Quarters, Boston, January 5th, 1778. I received the honor of yours of the 23d ultimo, |)er Major Story, on Friday last, enclosing the resolves of the Hon. Congress of the 19th and 22nd. Their arrival at that instant was truly fortunate, for our Pay Office being exhausted and the demand for provisions and feed for the troops beinsj very great, I was necessitated the day before to call upon General Bur- goyne to pay off ]3art of liis account in order to enable us to continue the supplies — this I did in such a manner as not to discover any scarcity of provisions or general want of money, observing to him that the monies were a]ipropriated for different purposes, and that the appropriation from which liis troops were to be supplied was out. He observed that he supposed I would not refuse our own cur- rency. I replied that I should not provided it were not counterfeit, to which he answered that he should not oifer me any that was such. As this passed the day before I received your letter, and as T am informed lie immediately took measures to raise a sum of money by selling a number of bills, if he should insist upon paying off i^art of the expense of the month of November in Continental bills, I do not see how I can refuse them, without infringing both on my word and honour. The next morning after I received your letter, I wrote Genl. Burgoyne in what maimer his accoiints must be settled, and that they were not to be settled otherwise. He obsei ved that it was a little extraordinary that we shoidd refuse our own currency, and further added that it was hard since it was notorious that a Guinea might be exclianged for twelve or fourteen dollars through the Country. He is however making preparation to settle his accounts and has this day sent to Rhode Island for money and for the transpoi'ts to come round to Boston, and proposes replacing part of the beef and flour if he can effect it. I think the state of their stores will not allow him to do it with any prospect of advantage to themselves. I shall order a most critical t^urvey of the provisions should any be sent, which I have already observed to him. I shall pay the strictest attention to the resolve, with respect to the money when I receive it. But we shall be 27 embarrassed beyond measure unless money arrives in a few days for our relief; nearly the amount of the whole warrant last sent to Mr. Hancock, has been expended for provisions and fuel, and large sums borrowed and ailvanced both in the Connnissaries and Quarter Masters Departments. The whole of this by the Kesolves is to be received of Gen. Burgoyne in provisions or solid coin, and if the latter, immediately transmitted to the Treasury. But how^ are we any longer to supply the troops, the expense of those ot the Convention'only, is about 20,000 dollars per week for provis- ions and fuel ; besides these there are tlie regiments of guards, the guards at the different Stoies and Magazines, and the troops at Providence to be subsisted and paid. To these may be also added the daily and great expense of transporting stores, which will be increased by the large quantity of stores lately arrived from France and Martinique, and are now unloading. I must therefore intreat that a sum of money (and permit me to beg for a large one too) may be sent on as soon as possible, without which all business must stop, and my situation be truly disagreeable. I have been endeavoring to borrow from the State but in vain. Permit me to repeat my request that money may be sent on if possi- ble. I hope the instructions which you were pleased to mention in your last to be prepai-ing for me will soon arrive, as 1 wish to answer every expectation of Congress, and I think the contin- uance of the troops of the Convention here will be but short, unless some special order should arrive for their detention. I have not as yet received the papers containing General Bui-goyne's complaint of the Convention being infracted, I am therefore at loss how far an eclaircissement is expected." (Heath papers). Later in the month, on the 18th of January, the ([uestion of payment seems still to have been pending between General Heath and General Burgoyne. The expetises were, all this time of delay in the embarkation, going on at a fearful rate. General Heath, under this date, writes to Mr. Laurens : "The Commissary and Quarter-master have exhibited thcii- ac^ counts to Genei-al Burgoyne of the supplies foi' the months of Nov- ember and December. He cannot yet well digest the payment in solid coin, alleging that every hard dollar willfetch him three of paper currency. Mr. Clark, his commissary, sets out to-morrow to wait on General Howe with the accounts, first waiting on General Washington for his direction. I believe the motive of this journey is to consult which will serve most their own interest, refund- ing the provision or . paying the money. He obseived to our commissary the last evening, that the demanding payment in 28 hard money was so extraordinary that he imagined Great Britain would not hesitate at paying thirty thousand pounds sterling to pul)lish sucli a procedure to the world. * * * * The transports have not yet arrived, but are soon expected." General Heath also writes in a similar strain to Wash- ington on tlie next day, — " Your Excellency will observe," he says, " that he (Burgoyne) is laying great stress upon the payment of his accounts in solid coin, and views it as an infraction on the Convention. * * The Commissary has charged the provisions at tlie same price at which oiu' own troops are supplied. General Burgoyne supposes his solid coin to be worth three times as much as our currency. But what an opinion must he have of the authority of these states, to suppose that his money would be received at any higher raie than our own in public ])ayment. Such payment would at once be depreciating our currency with a witness." (Ibid.). Washington must have smiled at the simplicity of his cor- respondent who seems to have little thought how much more effectually he or the Congress were aiding in depreciating their own money, by declining to receive it, especially in this instance, according to the stipulation of the Convention. This was a novel and ingenious linancial scheme which was played <>tf upon General Burgoyne. Congress said, you must pay us in solid coin for what we buy in bills, dollar for dollar, for the supply of your troops, till they eml)ark ; and hnally, they improved upon this by resolving that the troops should not embark at all. General Heath at one time sent to Congress one hundred and twenty-seven thousand dollars in coin, in wagons, under a convoy of troops, three-fourths of which liad been paid him by General Burgoyne for fuel alone, for which Congress had paid the same sum in paper money. On the same day that General Heath addressed tliese letters to Washington and Laurens, General Burgoyne wrote tlie following letter to General Howe by his commissary, Mr. Clark. The letter, a copy of which is among the Heath Papers, is a model of style and of clearness of statement, — Cambridge, January 18, 1778. Sir. I have the honor to transmit to your Excellency copies of 29 letters and extracts which have passed between me and Major- General Heath, respecting- the mode of payment for the ]irovis- ions, wood and other articles furnished to the troops under my command. The demand of gold and silver coin, and the declaration which ac'Com])anies it, viz. that neither I nor any of the troops shall embark till the accounts are so paid, appearincr to me to be matters of the most serious moment, whetlier the public faith as pledged by the Convention, or general justice im|)lied in the dealings of the most hostile nations, be considered, I applied for safe conduct to my Commissary General, Mr. Clark, to proceed to your Excellency in order to lay the accounts before you, and to receive your ordei's. This appHcation lias been consented to and I shall impatiently expect his return. I also with M. Geneial Heath's consent despatch Lt. Valiancy to M. General Gates, to require his exertions in support of the treaty, in which his personal honor and the character of the Government he serves ai'e intimately united. The matter lies in a very small compass. The value of gold and silver in every part of the country is notoriously disproportionate to that of paper currency: to purchase commodities by money of the lesser value, and to receive payment in that of the greater, according to the nominal value of each, would be clearly to secure the gain to the purchasers in proportion to the diffei'ence of the intrinsic value, and consequently the engagement of supplying these troops, at the same rate of ration with General Gates' army, would be directly infringed. It may happen that both Mr. Clark and Lt. Valiancy may return before the transports are ready in the port of Boston to receive the troops, and in that case matters may be adjusted to the satisfaction of all parties. Should it be otherwise it is my present intention to tender paper money, or gold and- silver or drafts in proportion to the known value of each, in payment for the charges incurred for the troops, and it will then be for the judgment of M. General Heath or other ruling ])Owers here, to giant or refuse the fiee passage to the troops, and without delay. My health has suffered considerably by my residence in this climate, and is likely to do more so: but that representation had no avail in one application I made for embarkation at Rhode Island as matter of favoi-, and it would be vain to try it the second time. I have the honor to be, with perfect respect and attachment, Sir — your most obedient and humble Servant, J. BUKGOYNE. To his Excellency General Howe, &g., &c., &g.* *General Heath, through whose hands this letter of General Burgoyne's passed, suggested to the writer of it that he should have meutioued in it the 30 On the 5th of Fel)rnary, General Howe wrote to Wash- ington, from Philadelphia, sa^'ing* that, — " By advices received from Rhode Island, transmittiiio- to me a copy of a letter from General Heath to Lieut.-General Burgoyne, a copy of which is enclosed, I am informed that it is detei- mined to detain General Burgoyne's ti'oops in New England luitil all demands for their provisions and other necessaries are satisfied, and that tliis determination is grounded not only upon a requi- sition of mine for provisions to be sent in for the subsistence of the prisoners in my possession, and for the purchase of other necessaries, but upon a forgery by my agents, emissaries and abettors, of what are called continental bills of credit. This last allegation is too illiberal to deserve a serious answer. With regard to the other, I know not from what expression, in any of my letters to you, it has been understood that I ipade the requisi- tion alluded to." (Sparks's Washington, V., 535, 536). General Howe then refers to the prisoners in his own hands, what provision had been made for them by him, and wliat, by a mutual understanding, was expected to be done relating to prisoners of war on both sides. He then adds, — " With regard to the account for provisions and other necessa- ries, which I tind by General Heath's letter is become a pretext for infringing, if it is not intended as an absolute breach of, the convention of Saratoga, I do readily agree to the immediate appointment of Commissioners, on your part and on mine, to settle that account, together with all other accounts of provisions, &c., furnished the prisoners on either side, and to make payment of the balance. * * * * As I have no objection to the earhest meeting of the Commissioners for completing the exchange and liquidating the accounts, 1 trust there will be no impediment to the release ot alternative of the Resolutiou of Congress, namely, that he had the privilege of replacing the provisions supplied to him; which was true. But General Bur- goyne may not at the time have regaided the alternative as practicable. The requirement of either was a violation of the Convention. He had no facilities for supplying his army with provisions and fuel, while they lay at Cambridge. Much of it came Irom a distance and through channels wholly unknown or inaccessible to his commissaries. He was in a hostile country, and the circum- stance of his being in the market would have defeated his object at once. The very fact that he paid a large amount in coin, dollar for dollar, shows the diffi- culties with which he was surrounded. Arrangements were subsequently made as we shall see. for returning provisions from New York and Rhode Island for a considerable part of the accounts. 31 General Bargoyne's troops, but that you will give immediately such orfficers and ))ri- vates belonging to his army, subseqvient to his declaration that the public faith was broke, is considered by Congress in an alarm- ing point of view ; since a compliance with the resolution of Congress could only have been prejudicial to that army in case of an infraction of the Convention on their ].)art. Mesolved, That the charge made by Lieutenant-General Bur- goyne in his letter to major-general Gates, of the 14th of Novem- ber, of a breach of the public faith on the part of these States, is not warranted by the just construction of any article of the Con- vention of Saratoga; that it is a strong indication of his inten- tion ; and affords just ground of fear that he will avail himself of *Tlii.s report, preceding the resolutions here printed, will be found in llie Appendix to the Council's lieport. 43 such pveteiuled breach of the Convention, in order to disengage himself and the army under him of the obligation they are under to these United States : and that the security which these States have had in his personal honour, is hereby destroyed. Resolved, therefore^ That the embarkation of Lieutenant-Gen- eral Burgoyne and the troops under his command, be suspended till a distinct and explicit ratification of the Convention of Sara- toga shall be properly notified by the court of Great Britain to Congress." * In these final reasons given for indefinitely detaining the Convention trooj)s there was no allegation that the military chest had been secreted, or not given up. There was no agreement that it should he given up. General Gates, as he admits, made no inquiry for it. The whole army was paid off a few days before the surrender, and what money was left was taken to Albany by the English Paymaster General. The sum remaining was probal)ly in- considerable, as a great want of money was soon exDcrienced by the army, and Godeck, the paymaster of the German troops, was in Canada with the military chest. (State of the Expedition, p. 85 ; Eelking's Riedesel, ed. Stone, L, 228.) f The policy of delay appears to have been continued by Congress even after the adoption of the resolves of the 8th of January, suspending the embarkation of the troops. General Heath received the official information of their final passage nearly a month afterward. In the meantime. *Tlie votes were not unanimous on all these resolves from their first incep- tion ; but it is difficult to analyze them. Congress was composed at this time of but a few members, and all of these were not the most suitable for the station. See Washington's letter to Harrison, of 30th December, 1778. A serious cabal existed among them that winter; some favoring the ambitious schemes of Gates, and some opposing them. How far this feeling against him controlled the action of the majority of Congress as to the Convention of Saratoga is a matter of conjecture. Tlie first impulses on the surrender were manly and generous toward him. tl may not omit to mention here, that, from the publication of the Riedesel Memoirs, we learn that General Riedesel secured the colors of the German troops, and intrusted them to the care of his wife; who, when the army left Cambridge for Virginia, iiad them sewed up in a mattress, more effectually to conceal them from hostile ejes. 44 as we have seen, General Burgoyne and his officers and men were expecting to embark, and the transports had been ordered to come round from Newport to Cape Cod to receive tliem. On the 24th of January, General Burgoyne writes to General Heath that he supposed it would answer the pur- pose of Congress if the descriptive lists of the troops, asked for, were handed in any time before embarkation. It was not till the 3d of February that General Heath received Laurens's letters of the 14th, 21st and 22d of January, transmitting several resolves, including that of the 8tli of January, postponing indefinitely the embarkation, ordering the transports, if they have arrived, or when they sliall arrive, to quit Boston without delay, and directing the guard for the prisoners to be increased. Washington ex- pressed his fears lest General Burgoyne should, on the receipt of the news of the detention, regard himself as ab- solved from all obligation, and " make use of any means to effect an escape." Laurens also writes, " As good policy dictates that we should keep the Court of Great Britain from a knowledge founded upon authentic accounts of the acts of Congress of the 8th of January, as long as we can fairly do so," General Howe will not be notified of it " until Congress shall be informed that you have delivered a copy of the act to General Burgoyne." A few weeks later General Heath wrote to Laurens that he had done his best to keep the matter of the resolves a secret, but that a printer of a newspaper had got access to the Council Chamber of Massachusetts, where a copy of the act was deposited, and secured a transcript for his press, and other printers had copied it. It is published in Edes's Boston Gazette of the 16th of February, 1778. There had been rumors in the air for weeks that Con- gress was devising a plan for detaining the Convention troops. On the 4th of February General Heath notified General Burgoyne of the resolves of Congress, detaining the troops, 45 and sent him a copy of the papers. On the 7th, he writes to the President of Congress acknowdedging his despatches, and saying that General Burgoyne desired to send a copy of the resolve to General Howe, bnt he had refnsed him.* He says that " General Burgoyne and his officers appear much disappointed, and exhibit an appearance rather of concern and uneasiness than sulkiness or resentment, and endeavor to palliate their former expressions and conduct."! On receiving the resolves detaining the troops. General Burgoyne addressed a long remonstrance to Congress, answering every allegation in the length}' document issued by them, and concluded by offering, — "should any doubt still subsist that the idea of being released from the engage- ments of the Convention has been adopted by any part of the troops," — a further pledge of the faith of every officer in his command, "provided the suspension is immediately taken off." % This paper he despatched to Congress, by express, on the 11th of February. It was read on the 26th, and referred to a committee, who reported, on the 2d of March, that in their opinion it contained nothing " sufficient to induce Congress to recede from their resolves of the 8tli of Janu- ary ; " and the report was agreed to. General Burgoyne had written a second letter to Con- gress, to be handed in in case the former failed, soliciting the privilege for himself and his military family to embark for home, on account of his private affairs, his failing health, etc., and offering to hold himself in readiness, under * After Congress had learned that the affair was all in the newspapers, they directed General Heath not to refuse the sending a copy to General Howe. t A little later in the month, General Heath writes : " General Bui-goyne and his officers express themselves with much modesty under their detention. But General Phillips observed to me, the day before yesterday, that Great Britain would never ratify the convention. That it was made between General Gates and General Burgoyne, and neither the United States nor Great Britain mentioned. The ministry would have nothing to do with it." tThis letter of Burgoyne to Congress is given in the Appendix to the Council's Report, following the Report of the Congress. 46 Ill's parole, to return, if called for, should the suspension of the embarkation of the troops be prolonged. Tliis letter was considered on the following day, and the application it contained was granted. In the meantime General Heath received information that the transports, twenty-five in number, had arrived at Cape Cod, fully supplied with provisions, and ready to receive the troops of the Convention and convey them to England. The frigate Juno, destined for the service of General Burgoync and his officers, attended them. Of course their errand was useless. The transports had left Rhode Island before information had been received there of the detention of the troops by Congress. They appear to have arrived at that port, from tlie Delaware, early in December. In a letter fi-ora General Washington to Gen- eral Gates, under date of the 2d of December, 1777, he says, " No transports have yet sailed from the Delaware for the purpose of carrying the troops to Europe, nor do I hear tliat any have gone from New York. I can only attribute this delay to want of provision for the voyage. Bread, we know, is exceedingly scarce among them." General Pigot, under- date of December 5th, from Rhode Island, wrote to General Burgoyne, that the transports were off the harbor's mouth. In a British letter written from New York on the 16th of December, is this passage : " General Burgoyne, with the wreck of his small army, has been some time near Boston, between Charlestown Neck and Cambridge. Our transports are now at Rhode Island, with an intent to take them on board. I sincerely wish them all en)l)a.rked, for I am much afraid the rebels, will make use of some subterfuge to detain them." Again, under date of January 1, 1778, " I suppose that Lord Howe has arrived at Rhode Island by this time. He has sailed to that quarter on purpose to expedite, if he can, the embarkation of General Burgoyne's troops. I am much afraid the rebels 47 will invent, some scheme to detain them altogether." (Conduct of the American War, pp. 88, 89, 90). How long time the transports waited at Rhode Island solely with the expectation that the embarkation would be permitted from that port, I do not know. Lord Howe, in a letter to General Burgoyne, from Rhode Island, dated 3d February, saj's : " The transports have only been delayed to take the precautions necessary for their safe passage this season of the year." * In communicating these resolutions of Congress of the 2d and 3d of March, enclosing a copy for General Bur- goyne, Laurens, under date of the 6th, thus writes to Gen- eral Heath : " Nothing is said by Congress in their present acts, respecting General Burgoyne's accounts ; my private sentiment is that the former orders exist, and are not super- seded by anything inclosed. However, I shall have a further opportunity of speaking to this point to-morrow, if Congress will enable me." That is to say, as to whether * But this may refer to the period which may have elapsed since the positive orders, on the 6th of January, were given to send the transports round from Rhode Island to Boston. On the ITtli of December, 1777, General Heath writes to Washington that General Burgoyne had heard of the resolves of Congress of the 1st of December, forbidding the change of the port for the em- barkation for the troops, "with no small disappointment;" but he was now anxiously awaiting an answer to his letter (of the 25th November) to Washing- ton, for leave to embark personally, before the troops. " The day before yester- day he desired that I would forward a letter for him to General Pigot to order the transi)ort8 round to Boston. Yesterday he was hesitating about it, and observed if it were probable that an answer to his despatch would arrive in a day or two, he would defer sending to Rhode Island. General Riedesel observed yesterday that it was very doubtful whether the troops would get away this winter, for if the transports should attempt to get round, it was more than probable that many of them would be blown off the coast. What their final determination will be, I cannot tell, but they all appear much disappointed." On the 25th of December, Heath writes to Washington that "General Burgoyne has not as yet sent to Rhode Island to have the transports ordered round, although he has been talking of it ever since he was Informed of the resolve of Congress restricting him to the port stipulated by convention. He is uneasy that he does not hear your Excellency's determination, as to himself and suite, which he daily expects." On the 6th of January, 1778, Heath writes, " General Burgoyne has this day sent to Rhode Island for the transports to come round immediately." The transports probably did not leave Rhode Island till Feb^ ruary. (Heath Papers). 7 48 General Heath shall require the settlement of all the accounts relating to the Convention troops, wliich seems jet not to have been brought to a conclusion, before Gen- eral Burgoyne be allowed personally to embark. A few days later, Laurens again wrote to General Heath, saying that Congress had given no further direction in relation to the accounts, and he must act according to his own deter- mination. Laurens's letter of the 6th of Mai-ch, enclosing the resolve permitting General Burgoyne and his military family to embark, had, however, been received by General Heath, and a copy of the resolve bad also been received by General Burgoyne, about the 19th ; and to the latter it afforded great pleasure. He at once applied to General Heath for his passports, saying he hoped nothing would now stand in the way of his speedy departure. He hoped to be off in about three days. But General Heath cliecked his ardor by telling him that the President of Congress was of the opin- ion that the former resolves of that body should be strictly observed, and therefore he must insist that all tlie accounts be paid, agreeably to the resolve of the 19th of December last, before he could be allowed to depart.* General Burgoyne's health was failing, and there were many reasons why he wished to embark, and after consider- able demurring on his part, and consultations witli his Com- missary, an under standing was in a few daysf arrived at, which was subsequently embodied in a written paper, of which a resuyne is given further on. In the meantime the * Heath's Mem., p. 160. t On the 4th of April, 1778, Mr. Laurens, the President of Congress, writes to General Heath: " Sir, yesterday I had the honor of presenting toCongiess your favors of the 21st and 24:th of March, and although I Lave received no particular commands relative to their several contents, I am warranted by the general voice of members to intimate that you have received the api)lause of the house for your determination respecting the adjustment of accounts with General Burgoyne." 49 following letter was written bj General Burgoyne to Gen- eral Heath : — "Cambridge, 29th March, 1778. Sir: Since receiving the favour of yours of yesterday, I have con- sidered maturely the subject of the accounts, and find that I can consistently with my duty meet you so very nearly upon your own terms that nothing but insincerity in the engagements made to me, which I will not suspect, can prevent ray immediate departure. I am induced to give you this information to-day that no impediment may arise to finishing the whole business to-mOrrow, when I expect, in consequence of your engagement, the favour of seeing you. I have a new motive for being thus pressing, having last night suifered an attack from the gout in my stomach, of a much more serious nature than I have ever before experienced. I am con- vinced every day's detention in this country endangers my life, and I am confident you would be sorry to reflect hereafter that any unnecessary, not to say unwarrantable, delays, had contribu- ted to such a situation. My proposal in regard to paying provisions in kind, and of such quality as your Commissary shall approve I understand to be finally settled between us. In legard to the wood account and the account given in by General Glover, thei"e are certainly several articles that require more discussion and examination than can possibly be given them within the time I have named for my departure, but in order to remove every difficulty from your mind, I will give you whatever sums you shall require within the charge, for your receipt upon account. These sums I will also engage upon my parole to put into the hands of your Commissary at Rhode Island, or if you prefer it I will give you the Paymaster General's bills, which I will endorse upon the publick account, and will pledge myself for their being discounted at par at Rhode Island, if you do not choose to negotiate them at Boston. After going so far to acconnnodate your inclinations, I have only to add my reliance that you will bring with you to-morrow my passpoits and a parole according to the Resolve of Congress. I am. Sir, Your most obedient servant, J. BURGOYNE. Maj'r Gkn'l Heath. The following is a synopsis of -the agreement entered into on the 2d of April, 1T78, between General Heath and Gen- 50 eral Bnrgojne, and the paper before me being that part of the instrument belonging to the former, it bears the signature of General Burgoyne : — Articles of Agreement hetwee-n His Excelleney Lietitenant- General Surgoyne and the IIo7iorable Major General Heathy respecting the payment of Provisions, Fuel, &c., furnished to the troops of the Convention : For the payment of provisions charged in the account of Com- missary Millar, of the 13th and 31st of January, and the 2.Sth of February, General Burgoyne shall proceed to Rhode Island, and within twenty days from his arrival there shall send the provi- sions by transports to Boston ; and for any I'esidue for which it may be necessary to send to New York, forty days time shall be allowed. As security for the performance of tlie agreement. General Burgoyne shall deposit solid coin in the hands of General Heath's agent at the rate indicated by the resolve of Congress of the 19th of December, and the coin to be forfeited if the above supply fails, or as far as it fails. Further, General Burgoyne is to pay into the hands of said officer (his agent) the amount of $96,521, in gold and silver, for fuel furnished the Convention troops up to the 30th of March. General Burgoyne is also to pay in solid coin the chaiges in- curred by Genei'al Glover, on account of the troops during tlieir march from Saratoga. All sums of money not forfeited are to be paid to the British General Phillips, or the commanding officer of the Convention troops for the time being.* The amo\int to be paid to General Glover is not named in the above agreement, but the sum paid him was over thirty thousand dollars, also in gold and silver — a dollar of silver for a dollar of paper money expended. I have no definite data by which to arrive at the entire amount of the bills of Commissary Miller, referred to, for which General Burgoj'ne agreed to send the like provisions, in quantity and quality. *General Riedesel seeems to have been Inaccurately informed as to the details of General Burgoyne's accounts with the Congress; probably owing in part to his being a foreigner. His copy of the articles of Convention at Saratoga is in- accurate in several particulars as it" now stands in the English re-translatiou. — See Eelking's Riedesel, ed. Stone, I., 184; II., 12. 51 Mr. Adolphus in his history of England, says, — " these rapacious phinderers presented an account of monies dis- bursed for tlie wretched support they afibrded the prisoners, amounting to one hundred and three thousand pounds sterling, which they would receive only in hard money, at the rate of a silver for a paper dollar." (II., 575, ed. 1841). For his autliority for this allegation he cites tlie " State Papers." I do not lind this statement as to tlie amount of hard money paid by General Burgoyne, coniirmed by the Heath papers. I find only about one lumdred and forty thousand dollars acknowledged to have been received in gold and silver by General Heath. For much the larger part of the charges General Burgoyne finally agreed to make payment in "kind." Yet the expenses thereto, includ- ing the etihanced price of provisions, when the payment was made, though perhaps not amounting to a payment in gold and silver, must have been very much increased over what, by the treaty, it was agreed Burgoyne should pay. But the fact that it was decided by the British Generals finally to make the experiment of sending provisions from Rhode Island and New York, shows, that they regarded it as cheaper than to pay in coin. There was however an unexpected charge made in landing and transporting the provisions after they had arrived in Boston. For the amount expended in paper money for labor, tlie same was exacted in gold and silver, dollar for dollar. The box of gold, amounting in our currency to some fifteen thousand dollars, which General Burgoyne left on deposit when he quitted Cambridge, as a pledge for the prompt and faithful performance of the coutra(;t, was, on the settlement of the provision account in tlie following June, claimed to have been mostly forfeited. Less than one third of the amount, as a balance, was paid over to General Phillips. On the 29th of April, General Heath wrote to Mr. Laurens that he had received from General Glover 28,000 52 Spanish milled dollars, and 817 guineas, paid to him by General Burgoyne for supplies for the troops on the march from Saratoga to Cambridge. On the 4th of May he wrote to the Hon. Board of the Treasury that General Glover had just called on him. " He informs me " he continues " that the moneys which he received at Albany for supplying the troops of the convention with fuel and other necessaries on their march from Saratoga to Cambridge, were insutficient for the purpose, and that he was obliged to advance a considerable sum of his own money in currency, which is now repaid by General Burgoyne in solid coin. He apprehends that it is but just he should receive a refund of his own money in solid coin, which is for your honors to determine." Whereupon Congress on the 25th of that month, '■'■Resolved., That General Heath be directed to pay, in continental currency to Biigadier Glover, the sum that shall appear to be due him on account, for purchasing provisions and othei- articles for the prisoners of the convention of Saratoga, while on their march from that place to Boston, and for guards attending the said prisoners." * * III a letter from Brigadier General Glover to General Washin^on, dated, Cambridge, 27 January, 1778, he says, — " Sir, I have received your Excellency's letter yesterday, of the Sth instant desiring me to join my brigade as soon as possible. I apprehend your Ex- cellency has not been fully acquainted with the business I was charged with by General Gates, which has been and still will be, attended with so many difficulties, as will necessarily detain me at this post till the embarkation of General Burgoyne. " I was honored with the command of conducting him and his troops from Saratoga to Cambridge, for the better supplying of whom, and the convenieney of the inhabitants of the country tlirough which they marched, I divided them into two divisions; the British by Williamstown and Northampton, the Germans by Kinderhook and Springtield; with commissaries, quartermasters, and waggon-masters for each, with particular directions to take bills for what supplies they received, and give orders on me for piiyment. This order not being fully attended to, I was obliged to send Quarter-master Story back to Albany to collect the outstanding accounts. When that is done, I shall charge General Burgoyne with the whole, in one general account; and as many of the charges, in my opinion, are unjust, and others extravagantly high, large sums being charged by the inhabitants for damages in burning fences, destroying hay, grain, flax, &c., and also for clothing, furniture, &c., stolen out of their 53 General Burgoyne left Cambridtre for liliode Island, for embarkation, on the 5th of April. On the next day General Heath wrote to General Washington, — " General Burgoyne was not gone when 1 was honored with your last, enclosing one to him. He has expressed tlie greatest pleasure and satisfaction on receiving your letter. I do houses (these charges I know General Burgoyne will object to), the inhabitants look to me, and expect I shall see them paid. " To acquit myself of censure, I am determined to lay them before the General Court, and desire that a committee may be appointed to examine them, and make what deductions shall appear to them to be just, which 1 hope will give satisfaction to both parties. When this is done. I have to present it to him for payment, and then advertise the inhabitants to come and receive their moneys. I shall lose no time in bringing the whole to a close as soon as possible. Thus Sir, I have given you an account of what I have been doing, and still have to do, at this post, which I hope will meet your Excellency's approbation." (Letters to Washington, II., 72). I have already said that General Glover received from General Burgoyne before he embarked, upwards of thirty thousand dollars, in gold and silver, for the supplies of provisions and fuel furnished on the march from Saratoga to Cambridge, this amount being paid out in paper money and received in coin, dollar for dollar. But for certain incidental charges, such as are named in the above letter. General Glover allowed General Burgoyne to pay in paper. He thought this was not only equitable, but that it did not come under the requisition of the act of the 19th of December; and moreover, he was greatly distressed for paper money to pay off the numerous claimants. For allowing this, however, he was obliged to defend himself to the Treasury Board, who sharplj' questioned him in regard to it. By commanding the escort of the convention to Cambridge, General Glover, an admirable officer and man, made the acquaintance of General Burgoyne, and seemed to have taken an interest in him. and was disposed to do what he could, consistently with his duty, to relieve the tedium of his captivity. I^efore the close of the first month in which the troops arrived at Cambridge General Glover had planned an excursion for the captive General which may be told in an extract from a letter of General Heath to General Washington, dated 27th November, 1777, — " General Glover being present has solicited leave that during the stay of General Burgoyne in this neighborhood, he may be i^ermitted to visit the great seaport towns to the eastward, between this and Portsmouth, which he conceives may be of advantage to us by showing him how populous our country really is. I have consented that General Burgoyne should dine with him at bis seat, but object to the further Indulgence, thinking it rather iiupolitic. But General Glover is so importunate that I have told him I would mention the matter to your Excellency; if you should 'think proper, I should not afterwards object." General Washington, however, did not think it prudent to grant such a request. In a letter to General Heath of the 17th of the following month he says,—'' I think it would have been highly improper to allow him (General 54 myself the honor to enclose one from him. Yesterday about eleven he set out for Rhode It^Iund. He expresses the strongest wishes for an accommodation." The letter from Washington enclosed to General Heath was his well known letter to General Burgoyne of the 11th of March, 1778, which has been cherished as an heir-loom iu his family, and of which ?k facsimile is given in the recent Life and Correspondence of General Burgoyne, by De Fonblanqne. In it Washington says, — " Your indulgent opinion of my chaz'acter, and tlie politeness in which you ai'e pleased to express it are peculiarly flattering; and I take pleasure in the opportunity you have afforded me of assuring you that, far from suffering the views of national opposition to be embittered and debased by personal animosity, I am ever readj^ to do justice to the merit of the gentleman and soldier, and to esteem, where esteem is due, however the idea of a public enem}' may interpose. You will not think it the language of unmeaning ceremony if I add, that sentiments of personal respect, in the present instance, are reciprocal." Fonblanqne says that General Burgoyne left Rhode Island for England " in the Jnno frigate. Captain Hew Dalrymple, in the middle of April." But see the following passage iwnw Almon's Remembrancer, VI., 207, — " Extract of a letter from Portsmouth [England], May^ 13. Arrived just now the Grampus man-of-war, from Rhode Island, having brought home General Burgoyne, who is just landed. His arm}' is still detained by the Americans." " London, May 11. Last night while his Majesty was at the Theatre Burgoyne) the liberty to visit your seaport towns. A man of his sagacity and penetration would make many observations that might prove detrimental to us in future." He then suggests to his correspondent to apply to Congress for directions in all matters relative to General Burgoyne and his troops. General Burgoyue's feelings while in Cambridge were deeply enlisted in the case of the American Col. Henley who commanded there, against whom lie preferred charges of barbarous and wanton conduct, and had him brought to trial at a Court Martial m January— General Burgoyne conducting the prose- cution. Henley was acquitted. 55 royal in Drury Lane, advice was brought of the arriv^al of General Bnrgoyne that day at Portsmouth. General Bur- goyne left Rhode Island the 20th ultimo." By this act of Congress, indefinitely suspending the embarkation of the Convention troops, the agreement made at Saratoga was broken, and the troops were relegated to the condition of prisoners of vs^ar. No one should be deceived by the ingenious language employed, " that the embarkation be suspended," until the happening of some future contingent event.* This resolve was the introduction of a new element into the treaty witbout the consent of both parties to it, and was therefore an abrogation of it. The language cited was an attempt to keep tlie word of promise to the ear, while it was broken to the hope.j As I have said, the troops were made prisoners of war, and re- mained prisoners of war to the end. Notwithstanding all this Congress still claimed that the expense of supporting tlie Convention troops must be paid bj the British as before, often referring to the treaty as though it were yet in full force, and the troops were only waiting their embarkation. From the 8th of January, when the resolve was passed, to the time Burgoyne left Cambridge, the same charge for snp|)orting the troops was continued, and a large amonnt of coin paid, dollar for dollar. After General Burgoyne's departure. General Heath substautiully concluded an arrangement with General Pigot, the British commander at Rhode Island, brought about *Nothiug was more improbable at the time than that Great Britain would ratify the Convention. Her well known views concerning the relations of the belligerents, the political status of each, and the fact that the treaty required no such ratification, forbade any such hope. " The ratification which Congress required." says Massey, " was one which could not be given without a recogni- tion of their independence." (History of England, II., 392). Yet Sir Henry Clinton ottered in the following September to renew all the obligations of the Convention, in the name and by the authority of the crown; but his offer was rejected. t" Congress made a distinction," says Ur. Ramsey (History, II., 238). "be- tween the suspension and the abrogation ol the Convention." "A distinction," says an eminent English writer, "such as Escobar himself might envy." tlirougli the intervention of General Burgoyne, by which the British should continue to supply the Convention troops with provisions from their own stores at that depot, conveying them in transports round Cape Cod.* This arrangement, to be submitted to Congress, was connnunicated by General Heath in the following letter to Mr. Laurens, — Head Quarters, Boston, April 27tli, 1778. Sir : The Victuallers from Rhode Island have arrived safe in this harbour, and this morning we begin to survey and unload the provisions. There are on board, 3034 bbs. of flour, 830 bbs. beef, 1235 bbs. pork, upwards of twenty tons of bread, a quan- tity of rice, peas, tfec. A further quantity of beef is daily expected from New York. After General Bnrgoyne arrived at Rhode Island, he with General Pigot proposed the sup})lying the troops of the Conven- tion in future, provided, assurance is given for the safe entry, protection and return of the transports, and sucli assistance being aiforded them, as may be necessary in unloading, storing and transporting the provisions &c., l-o the places where the troops of the Convention may be stationed, they paying therefor the usual rates. Major Morrison a Deputy Commissary Gen'l has been sent here for the purpose of negotiating the business. Enclosed is the ♦General Burgoyne hsid so much concern for the liberation of his army, that he still cherished and publicly upheld the idea, on his return to Enjjland. that the Congress would comply with its resolve of the fith of Dooonibor , ITTt, if its terms were accepted in England. His wish was father to the thought; and when he was taunted by the ministry, who feared him and wished to deprive him of his seat in Parliament and send him back to America, with being a prisoner uf war under a rebel Congress, " the Convention of Saratoga being now broken," he re- plied that the Congress had only suspended the execution of the Convention on their side, until it had received a formal ratilication from Government. Lord Geoi'ge Germain, as late as April, 1779. even after the return of his commission- ers, said iu his place in the House of Commons, that his latest despatches from Sir Henry Clinton had given him hope that the captive army had already been restored to liberty, as " the breach of the Convention of Saratoga was looked up- on by every honest man in America, as well as Great Britain, to be a most shame- ful violation of public faith." This hope was disappointed. At a little later period General Burgoyne, in a review of the evidence in his case laid belore the House of Commons, said : *' The Convention expressly preserved the army for the service of the State. * * * The army was lost by the non-compliance with the treaty on the part of the Congress ; and that violation of faith no man will ever be found to justify." (See the Annual Register for 1778, pp. 199*, 200*; Hansard's Pari. Hist., XX., 715 ; Burgoyue's " State of Expedition," &c., p. 132). 57 proposal made by him to which I have veturned an answer to Major General Pigot, and do myself the honor to present copy thereof to Congress for their approbation or disap})robation as they may think pro]ier For my own part I think tliis mode of supply will be infinitely for the advantage of our cause, will tend to lower the exorbitant prices of provisions, give ns an opportu nity am|)ly to sui)ply our own troops and i-eplenish our magazines. It will be observed in my answer that I fix the payment of the accounts of any assistance afforded in unloading, storing or transportation of provisions in solid coin at which they grumble much, and in this instance as in all others of the kind, assert, that the high prices of labour and everything else which is paid in our papei' currency, is more severe when demanded of them at a like rate in solid coin, and that labour & assistance of boats, waggons, &c., are not those provisions and necessaries which are to be ])aid for in solid coin by the resolve of the 19th Decem"". To pacify them I have given them assurance that I would represent the matter to Congress, which I now do, and would solicit a signification of their pleasure thereon as soon as may be convenient, as I think it i)robable that no provisions will be forwarded until they have an answer. If it be asked how will they obtain paper money to pay for the transportation of their provisions, &c., I answer by selling, bills of exchange and exchanging silver and gold secretly at three or four for one. But whether the demand for repayment in gold and silver for laboui- and transportation of stores paid for by us in paper cur- rency at the same rate, will be justified by the world, is not for me to deteimine. Congress, thereupon passed the following resolves : '^ Hesolved, That Congress approve of Major General Heath's conduct relative to the proposals made by Majoi* General Pigot, for supplying with provisions the troops who surrendered prison- ei'S under the convention of Saratoga : That the president be directed to inform Major General Heath, that Congress expect that all assistance afforded to the enemy, in unloading, storing or transporting provisions for the support of the convention prisoners, be jjaid in solid coin, agreeably to the spirit of their resolution of the 19 of December last." General Pigot supplied these provisions gratuitously, keep- ing alive the obligation of the Convention on the part of the British, affording thereby great relief to the commissary de- partment of General Heath; making it easier, he says, to supply his own troops; as "prices," he writes to Washington 58 in the latter part of January, "are intolerable" and sonic- thing must be done to put a stop to " extortion."* How far Washington may have approved or disapproved of this vote of Congress of the 8th of January, suspending the embarkation of the troops till a ratification of the Convention shall have been notified to Congress, is not clear. Mr. John Adolphus in his History of England says that, — " General Washington remonstrated with force and fii in- uess against this national act of dishonour, which he repre- sented alike injurious to the cause in the breasts of Britons, foreigners, and. even their own American adherents; but his reasonings were vain ; and, notwithstanding the most explicit and candid ofi'ers and assurances, the terms of the Convention were not complied with." And T>e Fonl)lanque says that " Washington earnestly urged a fulfilment of the pledge in which the honor of Congress and of the army was involved." (Life of Burgoyne, 318). The latter gives no authority. The passage from Adolphus is in his edition of 1805, Vol. III., p. 89, and he refers at foot to " Wash- ington's Letters, Vol. IL, p. 266." This is the edition of 1795, published in London, in two volumes. Tlie same reference is continued in the latest edition of Adolplius, published in 1841 (in Vol. H., p. 575) ; and though the author, in that edition, cites occasionally Mr. " Sparks's Life of Washington," he still allows his old references to " Washington's Letters " in the edition of 1795, to stand ; and on comparing his citations with the volumes he is usually found to be correct. But in the instance under consideration he seems quite at fault. There is no such passage on the pages cited, nor any allusion to the subject of which the historian is speaking ; neither do I find tlirongh- out these volumes or elsewhere any language of Washing- ton's, relating to the Convention troops, to warrant the statement of Adolphus or of De Fonl)lanque. *To save too frequent footnotes of reference, I will say here that the cor- respondence cited in the preceding pages, unless otherwise indicated, is talien from the '* Heath Papers." The resolves of Congress, it will be understood, are taken from the Journals of Congress. 59 I liave already referred tt) Washington's earnest appeal to Congress, in the Spring of this year, on another snbject, namely, the importance of arranging a general cartel for the excliange of prisoners. He liad already entered into negotiations with Sir William Howe on this snbject, but he fonnd his way blocked by an nnwillingness on the part of Congress to enter into his humane plans. By this proceed- ing he felt that his own reputation would be compromised, as well as the honor of tlie nation, and his remonstrances to Congress were serious and urgent. " To say nothing," he says, "of the importance of not hazarding our national character but upon the most solid grounds, especially in our embryo state, from the influence it may have on our affairs abroad, — it ma}' not be a little dangerous to beget in the minds of our own countrymen a suspicion that we do not pay the strictest observance to the maxims of honor and good faith. It is prudent," he continues, " to use the greatest caution not to shock the notions of general justice and humanity, universal among mankind, as well in a pub- lic as a private view." The expressions and sentiments in this passage, quite similar, it will be seen, to those quoted by Mr. Adolphus, are in Washington's letter to Congress of the Tth of March, 1778, and on pages 235 and 23() of the volume cited by the historian; bat they do not relate to the Convention troops. The act of Congress, detaining the troops, was the carry- ing out of Washington's policy of delay, which was implicitly adopted by Congi-ess. How far Washington may have shared the feeling, cherished ai)i)arently by some of the members of Congress, that the English officers would not keep their faith if the troops were allowed to depart, does not distinctly appear. Unless In's letter to General Burgoyne was a mere form of unmeaning compliments, lie entertained a high regard for his personal character, and faith in his personal lionor. His advice to Congress, so far as is known, was given in view of the ultimate departure of the troops from Boston. 60 That the suhjec.t of the Convention troops had been dis- cussed in letters between Washington and Richard Henry Lee, is shown by a passage in Lee's letter to him of the 20th of November, 1777. — " It is unfortunately too true that our enemies pay little regard to good faith, or any obliga- tions of justice and humanity, which renders the Convention of Saratoga a matter of great moment ; and it is also, as you justl}' observe, an afl'air of iiitinite delicacy. The undoubted advantage they will take, even of the appearance of infraction on our part, and the American character, which is concerned in preserving its faith inviolate, cover this aiFair with ditiiculties, and prove the disadvantage we are under in conducting war against an old, corrupt, and powerful people, who, having much credit and influence in the world, will venture on things that would totally ruin the reputation of young and rising communities like ours. "The English, however," continues Mr. Lee, " were not to blame in the business of Closter-Seven. That convention was left incomplete by the commanders who made it. It was stipulated particularly that the Court of Versailles must ratify, and that within a certain time, which was not done until long after the time was elapsed, and before which ratification the troops of Hanover had returned to arms. Upon this occasion, the good faith of England is not im- peached." (Letters to Washington, II., 45, 46). The only protest against this act of Congress, which I have been able to find, by an American, at the tiuje, is the following manly remonstrance of the youthful Wilkinson, in a letter to General Gates, dated at Albany, January 15, ]778. He was not yet twenty-one years of age, but had been the principal person employed by General Gates in the matter of the Convention, and his account of it is the most interesting and authentic of all. " It is reported liere, that Congress have prohibited General Burgoyne's embarkation until the conveution is ratified by his soveieign. I am equally hurt and alnruied by this inforniation, for I consider their detention inaduiissible in the spirit of the 61 treaty. I fear a timorous circumspection has sullied our reputa- tion, and injured our cause. The alternative, on General Biu- goyne's embarkation, must have been his landing in Great Britain, or violating the treaty. The consequences in either case would have been more important to us, than any thing which can noio happen. His arrival in Biitain would have more effectually stirred up commotions and manifested our prowess, than all the exaggerated paper representations which have been or can be exhibited ; and I believe it will be everywhere acknowledged, that so palpable a breach of the public faith, that basis of national tvanqnillity^ as a violation of a convention, would have drawn upon tlie nation the just odiutn of all Europe, and have multiplied our advocates pro])ortionably. "The most celebrated writers on the laws of nature arid of nations, hold that ' in all contests disputed by arms, whether seditions, insurrections, or rebellions, the public faith and the forms of war are to be held inviolable, else how can an accommo- dation ever take place, without the total extinction of one ]jarty.'* They further say, that when an army is invested, and all communication with its sovereign cut off, that every circumstance confei's on the commander the authority ot the state, and what- ever he conforms to, agreeable to the duties committed to his care, is promised in the name and by the authority of his sovereign, who is as fully obliged to perform it, as if he had promised it in his own person ; and that every commander of an army has a power of agreeing to the conditions on which the enemy admits his surrender ; the engagements entered into by him to save his life or his liberty, with that of his men, are valid, as made within the limits of his powers, and his sovereign cannot annul them." (Memoirs, I., 379, 380). Soon after the departure of General Burgoyne it was ordered that a division of tlie Convention troops, consisting wholly of the British, be removed to Ruthmd in the county of Worcester. General Washington in a letter to General Heath of the 25th March, from Yalley Forge, said, — " I hope that no time will be lost in removing General Bur- goyne's troops from Boston after the receipt of the resolu- tion of Congress for tliat purpose. If they remain within reach of that part of the enemies' force who are at Newport, I think it more than probable that they will make an effort to rescue them." (Sparks's Washington, V., 296). On the arrival of the British commissioners in the *Vattel, c. XII., ^^ 162, 163, 164. 62 coniitry a little later, tliey made, on the 7th of August, a "peremptory requisition" on the Congress that the Conven- tion troops be allowed to depart, agreeably to the second article of the treaty, saying they were ])ropared to renew, on the part of Great Britain, ;ill the stipulations of the said Convention.* Congress, however, on the 4th of Septeml)er recorded their refusal to comply, on the ground that the powers of the commissioners were insufficient, or might be controlled by parliament. Two weeks afterward Sir Henry Clinton, who had in May succeeded Sir Williaui Howe as commander-in-chief, and was also included in the commission for pacification, addressed the following letter to the president of Congress, dated New York, 19th September, 1778,— " Sir, Nothing but His Majesty's postive instructions, of which I send you an extract, could have induced me to ti-oul)le you or the Ainyrican Congress again on the subject of the troops detained in New Englaiul, in direct contravention of the treaty entered into at Saratoga. The neglect of the requisitions already made on this subject is altogether unprecedented among parties at war. I now however repeat the demand tliat the Convention of Sarato- ga be fulfilled ; and otFer by express and recent authority from the king, received since the date of the late requisition made by his Majesty's commissioners, to renew in his Majesty's name all the condiiions stipulated by Lieutenant General Burgoyne in respect to the troops serving under his command. " In this I mean to discharge my duty not only to the king, whose orders I obey, but to the unhappy people likewise whose affairs are conmiitted to you, and who I ho|)e will have the candor to acquit me of the consequences that must follow from the new system of war you ai'e pleased to introduce. I have the honor to be. Sir, Your most obedient and most liumble servant, " H. CLINTON. "To his Excellency Henry Laurens, Esq., President, and others, the members of the American Congress at Philadelphia." Congress replied to this communication as follows, under date of 28 September, 1778, — '"Sir, Your letter of the 19th was laid before Congress, and I * See " Collection of Papers * * relating to the proceeding.s of His Majesty's Commissioners." New York, James Riviugton, 1778. 63 am directed to inform you that the Congress of the United States of America make no answer to insolent letters. " I am with due respect, your obedient humble servant, " CHARLES THOMSON, Sec'y. " His Excellency, General Sir Henry Clinton, K. B., &c., &c., New York." The full benefit of the surrender at Saratoga, according to Washington's interpretation of the treaty, had now been received by the Congress, even if the troops had been placed immediately in the field — the time having passed when the mncli dreaded substitutes could have been sent out for the sj)riiig or even the fall campaign of 1778. The British continued to supply the Convention troops with provisions, agreeably to the arrangement made between General Pigot and General Heath. But soon after the resolve of Congress replying to the requisition of the commissioners, there was a cessation of supplies, and Congress on the 11th of September, resolved that unless passports are granted by Sir Henry Clinton to the American vessels to transport provisions for these troops, or provisions are sent in l)y him, the troops will be removed to some other place where they can more easily be provided with subsistence ; and on the 16th of October they resolved that the town of Oharlotte- ville, in the county of Albemarle, in Virginia, be the place.* The long continuance of the troops near Boston had been very prejudical to the inhabitants. Their influence was bad upon the young, and particularly upon the students in the college in Cambridge. As Sir Henry Clinton did not seem disposed to yield in the matter required, the Conven- *■' When Clinton perceived tliat all negotiations with Congress were broken off, he declared thut if the Convention troops were to be treated like other prisoners, they must be supported by their captors. Hitherto the royal magazines had, furnished them the necessities of life, and the extravagant and unreasonable bills of the Americans for quarters, fuel, and other things had been paid. This was now to cease. Congress, therefore, not wishing to support the prisoners on the resources of a portion of the country already considerably exhausted by the French Fleet and the American Army, nothing else remained but to send the prisoners into that section of the country, which, by being farther removed from the theatre of war, had suffered less." (Eelkiug's Riedesel, ed. Stone, 11., 45j. 9 64 tion troops, on the 10th and 11th of November, took up their inarch for Virginia. There can be no doubt that the supi'eme authorit} in the State would always have the right, as it lias the power, to revise a treaty made by its agents, as in the ease we have been considering. This follows from tlie nature of sov- ereignty itself. An Arnold might be bribed to capitulate to the enemy. But where such treaties are entered into in good faith, and the obvious powers of the commanders have not been exceeded, the agreements between the victor and the vanquished are regarded by the higliest autliorities as to be sacredly kept. Humanity demands it, otherwise there would be no cessation of hostilities till the annihilation of both belligerents. Wheaton says, — " Grotius has devoted a whole chapter of his great work to prove by the consenting testimony of all ages and nations, that good faith ought to be observed towards an enemy. And even Bynkerslioek, who holds that every other sort of fraud may be practised towards liiin, prohibits perfidy, upon the ground that his character of enemy ceases by the compact witii him, so far as the terms of that compact extend. ' I allow of any kind of deceit,' said he, 'perfidy alone excepted, not because anything is unlawful against an enemy, but because when our faith has been pledged to him, so far as the promise extends, he ceases to be an enemy.' Indeed, without this mitigation, the horrors of war would be indefinite in extent and inter- minable in duration." (Lawrence's Wheaton, 6«4:). In conclusion, I cannot resist expressing the conviction which this survey of the doings of Congress in regard to the " Convention of Saratoga" forces upon me ; namely, that their acts are not marked by the highest exhibition of good policy or of good faith. APPENDIX TO THE COUNCIL'S REPORT. Preamble to the. Ensolvas of Congress relaling to General Burgoyne. KEPOliT OP A COMiMITTEEjS January 8, 1778,— three o'clock, P. M. Congress took iu coiisltU' ration the report of the committee, readjust before tlie adjonrnmeut this morning, which was as follows : "Th-.itfhe.y have considered, with mature attention, the convention entered into at Saratoga betwixt major-general Gates and lieutenant- general Burgoyne, in Oc:tober last, and find numbers of the cartouch boxes, and several other articles of military accoutrements, annexed to the persons of the non-com missioned officers and soldiers, in general Bnrgoyne's army, have not been delivered up, and that, agreeably to the spirit of the convention, and the technical interpretation of the word ' arms,' they ought to have been delivered up : This opinion is warranted not only by the judgment of the most approved writers, bnt by the interpretation and practice of British officers in similar cases in the course of the present war, particularly iu the caplulation of St. John's on the 2d of November, 1775 : Your committee farther report, that there are so many other circum- stances attending the delivery of the arms and military stores, which excite strong suspicions that the convention has not been strictly com- plied with on the part of general Burgoyne, agreeably to its true spirit and intention of the contracting parties, and so many instances of former fraud in the conduct of our enemies, as to justify Congress, however cautious, to avoid even the suspicion of want of good faith, in taking every measure for securing the performance of the convention, which did not impose any new condition n^r tend to delay Its execution. Of this nature your committee consider the resolution "of Congress of the 8th of November last, directing general Heath 'to cause to be taken down, the name and rank of every commissioned officer, and the name, former place of aiiode, occupation, size, age, and description of every non- coinmi-^sioned ofHcer and private soldier, and all other persons compre- hended in the convention of Saratoga.' Tliis cannot be considered as imposing any new condition, but as a measure naturally resulting from the articles of convention, which tlie conquering party has a right to avail itself of, and which is strictly jusiifiablo, had no just suspicion of the want of good faith in the party surrendi-ring presenteil itself. Your committee are of opinion, that tlie reas(jns, wliicii general Burgoyne adduces for refusing a compliance, are inapplicable to the case, and they beg leave to observe, that he is totally mistaken in his appeal to the conduct of Sir Guy Carleton and himself with respect to the prisoners released from Canada in August, 177(i: for, notwithstanding his express declaration to the contrary in his letter of the 23rd of November last to Gen. Heath, it appears from the oriirinal list of the prisoners released from Canada, which is here- with presented, that the provinces, counties and towns, to which the 66 prisoners released belonged, were annexed to their respective names, ■vvliich, for the greater security of the conquiring party, were in tlie hard-writing of the respective prisoners. Your committee, therefore, cannot but consider general liurgoyne's refusal to give descriptive lists of the non-commissioned officers and soldiers belonging to his army, when connected with his former conduct and ill-grounded assertion on this occasion, in an alainiing point of view; more especially when they consider, that nine days previous to this refusal, he had, without just cause given, declared in a letter to general Gates, that the public faith, plighted in the convention of Saratoga, was broken on the part of these states : This charge of a breach of public faith is of a most serious nature, pregnant with alarming consequences, and deserves greater attention, as it is not dropped in a hasty expression, dictated by sudden passion, but is delivered as a deliberate act of judgmenl, committed to Avriting, and sent to the general with whom he made the convention ; and if credit is to be given to General Burgoyne's account of himself in his letter to general Heath of the 23rd of November, he cannot be consid- ered 'of so light a character as to have acted in a serious matter of state upon a sudden impression.' The reason on which he grounds this charge is that the officers included in the convention, have not since their arrival in Massachusetts Bay, been accommodated with quarters agieeable to their respective ranks : on which your committee beg leave to observe, that thougli from the sudden and unexpected arrival of so large a body of troops, the concourse of strangers in and near Boston, the devastation and destruction occasioned by the British army, not long since blocked up in that town, and by the American army which besieged them; and considering that the officers were not to be sepaiated from tlieirmen, and that the troops could not be quartered with equal convenience in any other place within the limits pointed out and described in the convention, as there are not a sufficient number of barracks in any other part of that state; though from these, and many other unavoidable circumstances, the accommodation of Gen. Burgoyne and his officers might not be such as the public could wish or he expect, yet, his charge of a bi-each of the public faith, on this account, is not warranted either by the letter of the preliminary articles agreed on between himself and Gen. Gates, on the I4th day of' October, or by the spirit of the conven- tion, signed on the 16th of the same mouth; since, by an examination of these articles, it will appear, that the stipulation, with respect to the quartering of officers, was not to be construed in that rigorous sense in which Gen. Buryoyne aflects to consider it; but. on the contrary, that it was 'agreed to as far as circumstances would admit.' Your committee forbear to lay any stress on the attempt of the enemy to alter the place of embarkation from the port of Boston to that of Rhode Island or the Sound so cf)ntiguous to the port of New York, which, as well as that of Rhode Island, is at present in their possession, on the seemingly inadequate number of vessels (being only 26 transports sent to Rhode Island, as appears in a letter from Gen. Bigot to Gen. Burgoyne, dated the 5th ot December) for an army consisting of 5642 men, in a winter's voyage to Europe; or on the iniprol)ability of the enemy's being able, on so short a notice, to victual such a fleet and army for a voyage of such length; since the declaration of lieut. gen. Burgoyne, ' that the public faith is broke' is of itself sufficient to justify Congress in taking every measure for securing the performance of the convention, which the laws of nations, in consequence of this con- duct, win warrant. These facts and opinions, your committee, in a matter of such high 67 moment to the honor and safety of these states, esteem it their duty to report specially; and considering that Gen. Bursioyne has not fully complied with the convention of Saratoga, particularly in not delivering up the cartouch-boxes and accoutrements; that he has expressly, and without just foundation, charged these states with a breach of public faith; that, in consequence of this declaration, whilst in our power, he may deem himself, and the army under him, absolved froui their compact, and may. therefore, have refused couipiiauce with a measure naturally resulting from the convention, aud which only tended to render his olticers and men insecure in case the couventiou, on their part, was not complied with ; considering, farther, that from thedistauce between Auierica and Great Britain, there is no opportunity of accom- modating this dispute in any reasonable period of time with the sovereign of the state, in behalf of which this convention was made, aud that the operations of Gen. Hurgoyue's army in America would not only defeat the main object of the convention, but prove highly prejudicial to the interests of these states; your committee submit the whole to the consideration of ("ongre.ss, in order that such measures may be adopted as are consistent with the safety and honor of the United States." Whereupon Congress came to the following resdlutions.* (Journals of Congress). Despatch of Lieutenant-general Buryoyne to the President of the Con- gress. Cambridce, February 11. 1778. Sir, Having received from Major-genei'al Heath, on the 4th instant, minutes of the report of a Committee of Congress, and considerations and resolves subsequent thereupon, dated January the 8, 1778, I think myself called upon by public and private honor to ofler a reply to such parts as regard my personal conduct, together with other matters arising horn the explanation of facts. My state of health, and the anxieties of my situation, occasioned by some extraordinary occurrences here, render me very until for the undertaking; but I chose rather to hazard it in an impt-rfect state, than to procrastinate in a circumstance that scfms to me big with the most important consequences; and I commit the subsequent paper, Sir, to 3 our hand, as the channel that I conceive to be most proper to lay it speedily before the Congress. 'i'he first article in the proceedings referl-ed to states " That numbers of the cartoucli-boxes, and several other articles of military accoutre- menrs, annexed to the persons of the non-commissioned oflicers and soldiers in General Burgoyne's army, have not been delivered up, and that agreeable to the spirit of the Convention, and the lechuical interpre- tation of the vv(,rd -arms,' they ought to have been delivered up;'' and the resolve arising from tiiis article of the report expresses, "That as many of the cartouch-boxes, and several other articles of military accou- trements, annexed tO the persons of the non-commissioned otticers and soldiers included in the convention of Saratoga, have not been delivered up, the Convention on the part of the British army has not been strictly complied with." I de>ire to refer in this matter to the recollection of General Gates, and I rt'ly upon his justice to vindicate my assertion, that neither cartouch-boxes, nor any other article of accoutrements, agreeable to the spirit of the Convention, or the ' technical' or possible interpretation, could come under tlie word ' a?'»)js' were refused to be delivered up, or clandestinely carried away; the cartouch boxes, viz. ' TliL-se i-f solutions are ijiiuteil on pages 42, 43. G8 those that are technically interpreted arms, or military stores, because delivered from the Tower of London with every new set of tirelocks and bayonets, were by most regiments left in Canada, as less conve- nient than i)ouches ; the cartonch-boxes that remained were only those of the liiiht infantry companies; several of them were actually deposited with the arms; and the very few others were carried, away under the eyes and with th« knowledge of General Gates. The Conirress having dwelt particularly upon this charge, both in the report and the resolve, I trust I am justiliable in pressing further upon their attention the report of the officer who carried a message to the troops, in consequence of a conversation between General Gates and Major-general Phillips (No. I.), which clearly demonstrates the first sense General Gates entertained of the whole transaction : and the I'eport of Lieutenant-colonel Kingston, the Deputy Adjutant-general (No. II.), which refers to the time when the troops passed by General Gates on their march, witli all their accoutrements upon their backs, some hours after the above message, makes the Gi'neral's participation, consent and approbation, after reflection, equally evident. The Couimittee, in the next article, mention " other circumstances attending the deliverj^ of the arms and military stores, which excite strong suspicions thilt the convention has noi been strictly complied with on the part of General Burgoyne, agreeable to its true spirit, and the intention of the contracting parties." The Congress will be too just to lay any censure upon me for not answering an allegation propounded in such general terms, and the objects of which I do not comprehend. As little is it in my power to conceive the objects alluded to by the words of the same paragraph, "former frauds in the conduct of our enemies." My consternaiion in finding the British honor in treaties impeached, is the only seutiuient I can express upon the Mdiject. The Committee proceed to state as a necessary measure for securing the performance of the Convention, " tlie resolutions of Congress of the 8th of November last, directing General Heath to cause to be taken down the names ami rank of eveiy commissioned officer, and the name, former place of abode, occupation, size, age, and description of every non-commissioned officer, private soldier, and all other persons compre- hended in the Convention of Saratoga." It might be thougiit improper in uie to renew the arguments used in my letter to Major-G'eneral Heath, dated November the 2;id. which has been already under the consideration of the Congi'ess, and upon which they have derided, respecting the iuiposing new conditions, by insisting upon tiu' (lesciiptive list; but I am under the necc^ssity of representing that the committee have not attended to the words of my letter, when they observe, " I am totally mistaken in my appeal " I do not mean to deny that the prisoners' names, countries, and towns were taken down in Canada. I always knew* they were, and for this plain reason, that they bound themselves to return to Canada upon a demand, and it was therefore necessary to know their abodes. The Committee do not stale that descriptive lists were taken, and I bilieve them too accurate to have omitted a circumstance so mateiial to make the cases parallel; but were it otherwise in any instances to which I have been a stranger in Canada, I, venture still to persevere in my assertions, that in those instances where I was present, descriptive lists were not made at all, nor any lists or signatures proposed, upon suspicion of public faiih, or any other ground than that above specitied, of ascertaining the prisoners, and the place where they were to be found, in case it should be judged expedient to recall them. It will be for the candor and justice of the Congress to consider, that 69 in my letter to Major-aeneral Heath, dated November the 23d, my rofuMil was founded solely on this idea, that the application was dislion- orable anil unprecedented; and as a further proot tliat the ConiuHttee have placed this refusal in a point of view more alarniini'' than it deserves, I beg leave to refer the Congress to other letters which passed between General Heath and n)e upon this subject (No. III. and IV.) and they will tind that when a precedent was produced, f only required time to convince myself the parallel held: and though from an unhappy affair, to which my time has been necessarily devoted, and the period for the delivery of such lists not pressing, I withheld my final answer, I am persuatled General Heath, and those of his otticers with whom 1 have conversed upon the subject, plainly saw I meant to comply upon the precedent, as stated in his letter of the 21st of Jauuarj'. I confess. Sir, that feeling for the honor of Sir Guy Carlton, who commanded in Canada at the time, as every man does who knows him, I find it impossible to leave unm^tieed the matter General Heath has thought proper to intermix with his precedent, in the letter referred to; and I lake leave, for one moment's digression, to observe, that our own officers, of all ranks, in the laiul service, are allowed no more than three quarters of a ration on board any of our ships, nor is any distinction of ration made for our officers of any rank, it being supposed that they supply themselves, at their private expense, with different fare. The Committee have thought proper to blend with their ouservaLion upon my refusal of descriptive lists, my former conduct, and more especially the consideration, "that nine days previous to this refusal. J had, without just cause given, declared, in a letter to General Gates, that the public faith, plighted in the Convention of Saratoga, was broken on the part of the States;" 'and great stress is laid that iny declaraiion was not dropped in a hasty expression, dictated by sudden passion, but is delivered as a deliberate act of judgment. I am so unfortunate not to have preserved any copy of a letter stated to be of such serious consequence, but that very circumstance joined to the conscious rectitude of my own Intentions, is to myself a proof that it cannot bear the interpretation the Committee give it, if taken upon the general context. I well remember that I meant to inform General Gates, that the treaty was not complied with in respect to the stipulation of quartering officers; and in whatever words I may have expressed that idea, though I do not retain them in my memory, I will venture to pronounce, that upon an impartial revision, and compared with attendant circumstances, they will be found to amount to no more than a call upon General Gates to see the complaint redressed. To prove that such a call was warranted, I transmit herewith (No. V.) the reports of the British and German corps, both respecting the officers and the men, and to mark that I did not consider the article of the treaty, in this respect, in a rigorous sense, as the Committee suppose me to have done; but in the latitude thej' themselves give it upon the words " as far as circumstances would admit." I cannot forbear to represent, that notwithstanding the concourse of strangers, the late devastation and destruction of the neighborhood, and every other circumstance the Committee have been informed of, in extenuation of the treatment of the troops, circumstances did fully admit the accom- modation of officers. There were, at the time of the above complaint, houses more than sufficient for the purpose; some of them as I have been informed, under sequestration, and possessed only by tenants at will, over which the Council of the Massachusetts had, consequently, control, others possessed by persons who would have been willing to receive officers, had they not have been prevented by the Committee of 70 Carabrid2:e; and durinj? this time, after heina: pressed into Camliridge throngli b:td weather, inconvenience and fatigue, withnnt any prepara- tion made to receive tlie superior ollict-rs, I was h)d:4ed in a miserable public house; and in ill-liealth, obliged to partalie witli Major-General Phillips, two very small dirty rooms for ourselves, our Aid-de-camps, and the staff of the army then present, having been amused, from day to day, for near a fortnight, with the expectation of proper accommo- dations, I was only at last relieved by consenting to pay, upon a private bargain, a larger sum for an unfurnished house out of repair, than would have been required for a palace in the dearest metropolis of the world. And under these circumstances I wrote to General Gates. Had they been known to the Committee at the time they formed their report, they would probably have spared a sarcasm upon my letter, and have supposed I might have tlropped a hasty and unguarded expression. Should any further refutation of this charge be thought necessary, I re- fer to the circumstances of the otticers consenting to sign their parole after the date of my letter to General Gates, they having previously refused so to do, upon presumption that the stipulations in regard to their quarters were abused. Upon the faith of General Heath, I made myself guarantee for the fultilling of the treaty in the only part com- plained of; and the act of signing by a ireneral concurrence, cannot but be looked upon as the fullest proof of contirniation and ratitication on our part, and wlien considered, nmst obliterate every impression rela- tive to our thinking ourselves absolved from our former compact. The Committee not having (irofessed to lay any stress on the attempt (as they think proper to term it) " to alter the place of embarkation, or on the seemingly inadequate number of vessels at Rhode Island, or on the iriiproliabiiity of biing able to victual the fleet and army for a voyage of such length ;"' and the plan of this address being only to answer matter relative to myself, I might waive touching those subjects, but trust it will not be thought misplaced to remark, that General Pigot's letter, to which the Committee refer, mentions, that twenty-six transports from the Delaware, were off the harbor's mouth, at Rhode Island, but no expression in the letter implies, that the fleet was not to consist of more from New York, or any otlier place; and in regard to the victualling, I not oidy pledge my own veracity, but that of the most high and repu- table characters at Rhode I-land, that the fleet was fully victualled for four months, for the whole of the land army and seamen. After these explanations and answers to the several charges contained in the Report &c., I trust no words of so harsh a nature, as to imply a distrust of my personal honor, will be sutt'ered to remain in the Journals of Congress. But should any doubt still subsist, that the idea of being released from the engagements of the Convention has been adopted by any part of the troops, I am confident there is not any officer who will not join his signature to mine for a further pledge of faith, provided the suspen- sion is immediately taken ofl'; and animated by the most substantial principles of truth and honor, I propose to the Congress this last experiment within my power, to restore the mutual confidence of the contracting parties in the Convention of Saratoga, and to save at once Great Britain and America from yet more serious evils than we recipro- cally endure in the prosecution of our unhappy contest. (Almon's Remembrancer, VI., 153-157). 71 No. I. Hepnrt of Liputc.nant Nohle, actiiuf Aid-de-Camp to Major- General rhiUipfi : — In the course of conversiitioii at Saratoga, Octo))er 17, 1777, I heard Major-Geiieral Gates say, that he did not mean to injure private prop- erty ; and as the colonels would sutler by the loss of their accoutre- ments, the soldiers mijiht take them. I was the ohicer sent to the Commanding officers to tell them the soldiers were to keep their accoutrements; they had taken them ofl' with a design to leave them behind, and upon my delivering the message, they put them on again. This was before dinner. Major-General Phillips and Major-General Gates were together. (Signed) WM. NOBLE, Lieut. 21st Reg. No. IL Conversation Jietioeen Major- (reneral (ratea and Lieutenant- Colonel Kingston. At the conversation [convention] of Saratoga, October, 17, 1777, when the troops marched by with their accoutrements, General Gates asked me if it was not customary for arms and accoutrements to go togethei", — Replying, that the accoutrements were the colonels' and private property, General Gates said, very true; they are yours as such, and because we have not mentioned them in the convention. (Signed) ROBERT KINGSTON, D. A. G. Nos. IIL, IV. & V. The letters and documents to which these numbers refer are not reprinted here, as the points which they are intended to illustrate are sufficiently treated in the papers already printed. They may be found in Almon's Remembrancer, VI., 15S. r^ LBJL'05 HH