»n^ "^a> CN ^ ia> %i ^ IMAGE EVALUATION TEST TARGET (MT-3) h // i *>i % V ^ '^< % Ki Jr. 1.0 I.I 1.25 2.5 1^ 12.2 Ui 1^ 2-0 1.4 1.6 V] <5!^' >>J^ '> > 0/V yf Photographic Sciences Corporation A <^ s W^K"^ signifie "A SUIVRE", le symbole V signifie "FIN". Maps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left banc corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Les cartes, planches, tableaux, etc., peuvent Atre filmts A des taux de reduction diffArents. Lorsque le document est trop grand pour Atre reproduit en un seul clichA. il est filmA A partir de Tangle supArieur gauche, de gauche A Jroite, et de haut en bas, en prenant le nombre d'images nAcessaire. Les diagrammes suivants illustrent la mAthode. t 2 3 4 5 6 /.; A\ t*'' fA' ^n.K R E P L Y v:^-V ■ T O }v 1 ^ Lieut. Gen. BURGOYNE^ f n,.^'.^ y "; . ; ■ .V^"-' ' ■ ^'^y-.y-' [ Price is. 1 I 4r .---<•■'',.«, H, ^ / K-^ v-y 'S-V^ -. t . .' ►^"^ i* 5 ..'. \ .*'/ ,■■''*■■■■' *■■>•■.•- ■f », - if-' ' • . ^ * ' '% *, 1. ;, . V ■ 1^ '. - - ■ I -,, -J. , * . .,, , * • ..C >i- ,i- „ . V ■^y ;;> V* *■ 'W^' •■*-0t' :■■> :um f»- .■. i- ^ V-, '••■vl» ^^ ^t^ Z> igr^ i^ 1 I J \ REPLY T O Lieutenant General Burgoyne's LETTER T O HIS CONSTITUENTS. Expends Hannibalem. JUVEMAL. * THE SECOND EBItlON. 1 > i ( ii t i t 3 L O NT D O N : Printed for J. Wilkie, in St. PauJ's Church- Yard. MDCCLXXIX. .f^ ^f T O Lieut. Gen. BURGOYNE. T% s i SIR, YOUR condud, fince your return from America, has engaged the public at- tention, and in fome refpeds, the public animadverfion. Men of honour, in general, were at a lofs to comprehend upon what principle you could juftify your abfence from your captive army, whole calamities they confidered it as your duty to (hare ; and the gentlemen of your own profeflion, knew not how to reconcile your ftay in this country, after you had received an order from your Sovereign to return to America, with thofe principles of military obedience, which a long courfe of fervice (hould have taught you fully to comprehend, and an exalted rank in the army forcibly to feel. I 6 Your !• Kl i y ! 1 » ■■ *4*v — . .„..,.,.w>-«r.. ( 2 ) Your enemies 'were violent in their cen- fures ; the public did not hefitate to pro- nounce your condemnation ; and even your friends appeared weak in their wiflies to vindicate you, and certainly were aukward in their attempts. Your fpeeches in parliament had contri- buted but little to reftore your fame. But men of liberality felt for your misfortunes, and were willing to hope, that the importance of that Aflembly, the awe, which it is apt to infpire, and, perhaps, your talents notex- adly fitted to parliamentary debate, were hi- therto the caufes why every public attempt to juftify yourfelf had been attended with in- confiderable fuccefs. You have now affixed your name to a formal vindication of your meafures ; not a few incoherent fentences provoked from you by illiberal reproach; pronounced under the awe of a public afiem- bly ; delivered under the agitation, which unqualified cenfures upon military honour mull necefTarily occafion in every military mind ; — but a deliberate recital of your pro- ceedings ; a cool avowal of your motives ; and a fludied juftification of your condudl. This { 3 ) This publication will find \hc world very favourably difpofed to liften to every argument, which you can advance in your own behalf. You are known to be a brave, and you are now an unfortunate man. Courage is the quality we are moft apt to admire ; and a brave man in diftrcfs is an interefting fpec- tacle. You have renounced fplendid rank and fiimptuous opulence ; and have retired into the competence of a private gentleman. This meafure mufi: difarm refentment ; for whatever may be the opinion of your errors,, you have expiated them by the facrifice you have performed ; and have yourfclf made an atonement, in the opinion of your moft determined advcrfarics, equal at leaft lo your guilt. /: The manner, in which you mention your- felf, and which, as if meant to leave the moft forcible impreflion, forms the conclufion of your addrefs, is certainly adapted, not only to difarm refentment, but to excite compaf- fion. " My ambition is dead ; my occu- pation is gone ; the humble arrangements of my new ftate are made ; and my whole B a profpeds V 4 lA ( 4 ) I. profpcds or hopes on this fide of the grave concenter in the prefervation of my friend- fliips, and the tranquillity of my confcience.'* Thole, who are not ftrangers to delicate fenfibility, find in this pathetic reprefenta- tion no imaginary diftrefs. Ambition does not willingly renounce her projedls ; affluence rcludlantly gives way to penury ; ^nd rank and power are not eafily refigned. The mind, accuftomed to the bufy purfuit of honours, is too reftlefs for the calm enjoy- ments of friendOiip; ill fuit the humble arrangements of narrow competence, where boundlefs profufion has rendered every grati- fication a habit ; and however comfortable the fbelter which confcience may afford, we are apt to confider it as the unwilling refug? of difappointment and defpair» Such, however, is the condition, to which you have fubjeded yourfelf. Will you par- don me. Sir, if I endeavour to prove to you that the fault is your own ? I feel for your condition, and I would not wantonly infult your diftrefs. I confider you as a brave, ho- nourable, but imprudent man ; and moft aa enemy fei tet 1 ( 5 ) enemy to yourfelf. I will endeavour to ob* ferve that refpedt, which is due to you as a gentleman ; and misfortune, which renders you facred in my mind, gives you a claim to tendernefs, as an unfuccefsful man. As it is your condudt, fince your arrival from Amiiiica, that will become the fubje£tof this addrefs, and is in fa<5t the fubjedt of your addrefs to your conftituents, it would be fb* reign to t'l prefent purpofe to enter into a ^ifci:^iop of your condud: during your com- mand there. Without giving any opinioa upon your military judgment, permit me, however, to pay that tribute, which I con- ceive to be juftly due to you. You manifefted the greateft zeal for the caufe of your country; the moft unwearied affiduity in promoting her fervice ; the moft determined bravery in fight- ing her battles. While you became an ex- ample to your army, which challenged thsir refped, you won their afFedion by fharing every difficulty and danger in common with the troops. Thefe are the unanimous fenti- ^ents of thofe who ferved under you ; and they w « ( 6 ) they remaia neither queftioned nor contra- dided. After your furrender to the American army, in your private letter to the Secretary of State you exprefled your ** confidence in the juftice of the King and his councils to fupport the General they had thought proper to appoint to as arduous an undertaking, and under as pofitive a diredion as a Cabinet ever framed." — It is not difficult to trace up to thefe words the firft caufe of difference be- twixt you and the American Secretary of State. Senfible of having loft an army ; of having deprefTed the hopes of your country ; of having elated the fpirit of her enemies ; of having terminated a career moft brilliant in its commencement by a very fatal difafter; you anticipated in your own mind the na- tional effed, and employed your thou.qhts to- wards 3/our own juftification. You naturally had recourfe to your orders ; and tlicre you found, or you pretended to find, as pofitive a d'lre^lion as any Cabinet ever framed^ If you could perfuade the world of this, the in- ference you imagined would then follow, that you ^m^ — ^^- m ( V ) you were to move forward at all events ; that you had done your duty by urging on a ftralght courfe, and confequently they alone muft be criminal, who, ignorant of the face of the country, and deficient in information with regard to the difpofition of its inhabit- ants, gave you a pofttive dtre^ion^ which you could not avoid obeying, though your obe- dience muft neceflarily involve yourfelf and your army in inextricable ruin. Where aa implicit obedience was the only part you had to obferve, you could not be cenfured for want of prudence ; nor could you be blamed for want of judgment, where you were precluded by your orders from making any exercife of it. In this letter you therefore fairly joined iflue with the cabinet upon the fenfe of your inftrudions. You did not attempt to fay, that difficulties had arifv-U too great for human va- lour to overcome, too diftant for human judg- ment to forefee ; but you gave them to un- derftand, that if you had been rafh and im- prudent, it was becaufe their orders com- pelled you to lalhnefs and imprudence. 4 Wh t ifc ( 8 ) What may really be the nature of yoiif orders I will not pretend to determine. Not indeed is it neceflary at prefent. If we ad- mit them to be as pofttive as a Cabinet e'ver framed^ ftill you will not be juftifiable, if you appear to have aded with imprudence, and contrary to the fuggeftions of reafon and experience. The inftrudions of an Officer can never be fo underftood by him as to imply flbfurdity ; nor can his command be fo con- ftrued as to have defeat for its purpofe. This dodrine holds g'^od in general. Let us apply it to your particular cafe. You were appointed to the command of an army equal to the moft arduous attempt. Your troops were healthy and well difcl- plined ; your officers of approved courage, and diftinguifhed reputation. As in all pro- bability the enemy would truft much to the ftrength of their pofts, you were furnilhed with the beft train of artillery that was, perhaps, ever allotted to fecond the operations of fuch an army as yours. It was hoped by thofc who had planned the expedition, that the moft decifive advantage would attend the firft efforts ei w( W( di< n£ ml fti ba re e\ m lit ?r lif d C 9 ) efforts of fo powerful a force. Expeftations were formed that your fuccefs in yourout-fet would have very beneficial effects upon the difpofitiori of the inhabitants; and that Ca*- nada itfelf would furnifh you with a numerous militia acquainted with the fituation and ftrength of the country. It was judged pro- bable, that thofe, who might be inclined to refift, would difperfe at your approach ; while every new fuccefs would add confiderably to your numbers, by inducing the friends of Government to declare themfelves, when they beheld a force, in which they might place confidence. Nor do thefe hopes appear to have been altogether ill-founded. — You fet out upon your expedition with zeal ; and victory for a time feemed to attend your progrels. Ti- conderoga, which the enemy had fortified :;t immenfe labour and expence, was evacuated upon your appearance before it ; the artil- lery, amounting to ia8 pieces, fell into your hands ; and the rebel army was intirely dif- perfed. Your good fortune feemed daily to increafe j and in every conflict with the C enemy // I \ ( lO ) enemy your troops had the advantage, Nol- withftanding their fuperiority of numbers, and ftrengih of fituation, General Frafer de- feated a confiderable body of their forces «ndcr Colonel Francis, one of the braveft of their officers. Colonel Hill, after an attack of three hours, rcpulfed a corps of the enemy amounting to fix times the number of his own detachment. — Your army, elated with its fuccefs, fought with the confidence of men who deemed themfelves invincible ; and the enemy fled on all fides difcomfited, difpirited, and difmayed. Such, at one time, was your fituation. It fuddenly changed ; and (from what reafons it would be inconfiftent with the prefent pur- pofe to inquire) was foon intirely reverfed. You defpatched Lieutenant Colonel Baum with 500 men to gain poffeffion of a maga- zine at Bennington, where the enemy was fuppofed to have made a large depofit of va- rious neceflaries. Colonel Breyman's corps was ported at Batten Kill to fupport Colonel Baum, if it fliould prove neceflary. Colonel Baum, upon a near approach, having re- a ceived S6i Is, )f ( tl ) ceived intelligence of the numbers of the enemy, who were too ftrong to be attacked by his force with any profpedt of fuccefs, defpatched an exprefs to you with an account of his fituation. You gave orders to Colonel Breyriian to march forward, and reinforce Colonel Baum. Before, however, the latter could be joined, the enemy attacked him in his poft, and after a brave defence, the Co- lonel himfelf was wounded, and his wholi^ party made prifonere. Oh the evening of this fatal day, Colonel Breyrtian ar- rived upon the fpot, wh^re, in the liiorning. Colonel Baum had been defeated. His troops, wearied by a toilfdnie march, isihd diftrefled with the difappoihtment, were immediatfely attacked by the enemy, and after a gallant refiftance were obliged to retreat, le?lving tv^o pieces of artillery upon the field. Your army had now loft near 800 men ; and it will be readily conceived, how much thefe defeat^ contu. Jted to infpirit the enemy. In iadtj they were aflembUng from all parts ; the whole country, fo far from affifting, was ri- fmg up in arms againft you, and difficnlties were crouding upon you, no lefs forniidable C Z than V ( 1* ) than numerous. You began to feel the want of provifions ; the roads were broken up ; thi face of the country was interfered with creeks, and covered with large timber trees, which the enemy had cut down to obftrudt your march ; you were made fenfible that every inch of ground would be difputed ; and yet, inflead of providing for your retreat, and accommodating your meafures to your fitua-^ tion, you thought fit to. crofs the Hudfbn's river, in order to force )f our ivay to Albany, Had you, at this time, or could you have, in reafon, any hopes of fucceeding in the at- tempt ? Melancholy experience had convinced you> that the prefumed circumftances upon which the plan had been formed in England, and which were eflential to its fuccefs, had no longer any foundation. Before you croffed the Hudfon*s river, you fhould have con- fidered with yourfelf, whether, if your fitua- tion at that time could have been made known to the cabinet which framed your orders, a man could be found in that body, who would ftill command you to proceed. Either you forefaw the difficulties that were preparing for yoy, or you vvere ignorant of the true ftate of youv BKl ■>>'■ if me *' th.2 ■'^ ith i es. 1 id f lat nd j nd i ( 13 ) your fituation. If the latter were the cafe, your judgment cannot remain unimpeached. If, on the contrary, you had eftimated them juftly, however pofitive might be your orders, and whatever might be your ideas of crimi- nality in difobeying them, your regard for your country fhould have taught you to de^ fpife every perfonal confideration, and you fhould have endeavoured to promote her true intereft, carelefs of what blame might fall upon you, or to whofe refentment you might be expofed. The moft eminent and illuftri- ous characters have not hefitated, in cafes of public neceflity, to violate the laws of the land, when evidently conducive to the public benefit, and have trufted to the juftice of their countrymen to indemnify them againft the confequences. The fuppofition, which you piake, thai; ** your army was meant to be hazarded, perhaps circumftances might; re- quire it ihould be devoted," is too romantic for ferious confideration. Such reafoning might become the commander of a fire-fhip, or the leader of a forlorn hope ; but that it can apply to an army of i 0,000 men, un- der any circum fiances, is rather '.mprobable ; •. . * that '/ I M \^ ( 14 ) that It could, ill our fituation, was abfblutely impofliblc. I apprehend thefc conclufiohs to be evidentt That no orders can, in their nature* be fo po« fitive as not to leave forae difcretion in the commander appointed to carry them into ex- ecution — Your fituation required that you fhould employ that difcretion— and furth^i*) If any orders could be fo pofitive, that to a£t in contradiction to them, however great the inducement, would fubjeCt the commander to punifhiiient, it was your duty to have incur* red this rifk. — ^But I will proceed to what more immediately concerns your condu^ in this country. You complain very bitterly of the Court etiquette, invented, you allege, upon your occafion, which excluded you from the royal prefence. The " foundation of ^ it in prece- dent," I confefs with you I am unacquainted with ; but the foundation of it " in reafon** I perceive clearly. Where an officer labours under a fufpicion of mifcondud, and it is thought neceflary he ihall be tried by a court martiaU i .??. ( '5 ) !Si 4 martial, it is fit that that officer fhould be ex- cluded from the only place where he caa de- feat the courfe of juftice, by interefting hu- manity and compaffion in his behalf; where, by an addrefs to the paffions of his Sovereign, he may elude the purfuit of his country, and arm that prerogative in his favour, which, when properly exercifed, becomes the moft amiable interpofition of the Crown. On the other hand, no bad confequences can happen to him from a temporary exclufion from the Royal prefence. The fentence of a court mar- tial will determine faithfully upon his merits> and reftore him to honour, or doom him to difgrace. The voice of his profeffion, if heard in his behalf, will recall him to the pof- feflion of every fufpended privilege ; with fiich a decifion upon his fide he cannot be dilho- noured by the Royal frowns ; and if admit- ted to the Royal favour, even in the prefence of Sovereignty, he may feel himfelf ennobled- But we are given to underftand, that the true reafon of the order you received not to appear at Court, was ** an apprchenfion up- ** on the part of the American Secretary, that, ** you might lay before your Sovereign what " informau ui you was poileffed of, and which would ^t ?»! I I 'I /, '! 5 ' ( «6 ) ** would have proved very different from tlitf '* ideas which it is now known were at that *' time prevalent in the governing councils of " this kingdom." By this mode of account- ing for it, you bring a charge againft the American Secretary of endeavouring to with- hold from his Sovereign ufeful and neceflary information. This charge, it muft be ob- ferved, refts merely upon your own autho- rity ; and when we confider that you are a party concerned ; that your feelings appear to be unufually irritated, and your refentment warm ; your authority cannot have that weight upon the prefent occafion, to which, upon all other occafions, it is juftly entitled. A i But the candid and the fenfible will ex- amine this charge as if brought by an in- different pcrfon, and afcertain how far it could be the intereft of the American Se- cretary to obferve fuch a condud: ; and if he wifhed to fupprefs your information, whether he took the means moft probable to attain that end. By admitting you to the Royal prefence, your information, it is true, would be imme- diately told in the Royal ear; and however un- favourable to the prevailing fyftem, few are fo ignorant of the arts of a court, and the per- fuafivc { 17 ) f.af.ve eloquence of a n>i.>lfte.^^^^^^^^^^^^^ roation to that place, ana t ^^ ^^^ .ith regard to the publ c « Wge ^^,^^ ^^ contrary, by ^''"P""^ ^ J^fone to you, he knew would prove an ofFenfive J ^^^ arove you into the arms of a powe .dverfe party; he P--'^;^?^ ;. iLent. your mfo''"»"°'^'"7°"'.r jt ybur faQs La he could n« .magme ;..W ^ ^^ ^^_ ^ould be weakened, or you preffing then^foftened by «^^^^^ of fuppref- r;;rtfo;;:':ion7.of— ^^^^^^ rd^'in::J:'rlKbe;rvaiunsfyf- had, an «>»«'«^ J . „„ i„to the royal *'■"•"'''. J furSoLfpubUlbing it to fence ; ^^^^^["'Zx^^^ ^galnft you the 1^ 'fl ''if 1 I •u ■I 1 ( i8 ) tiveiy through a report of all the tranfadions fubfequent to the convention of Saratoga, and for having led you to a confidential commu- nication of fadtSf obfervations, and opinions rcfpedling very important objedls. The fu- tility of this charge mud appear evident to every one. Whatever might have been the conduct of the American Secretary towards you, as his Majefty's confidential fervanti and holding a place of refponfibility, he had a right to the moft unreferved communication upon your part \?ith regard to the command upon which you had been employed. To have withheld from him *' information refpedting important objects/' from an idea of perfbnal ill-treatment, would have been as much an a^ of treachery to the nation, as if, in the mo- ment of fuccefs, you had delivered up your fword to the enemy. You had exprefTed your defire to be tried by a court-martial, and your cafe was referred to a Board of General Officers. They repre- fented to his Majefty, that they did not think •' an enquiry could take place into your con- du^ fo long as you (hould continue engaged, 6 upon ') .'I d u- 6 U- to e Ids d a n d c S al a r # ( '9 ) upon due notice, to re-dellver yourfelf up to the Congrefs.*' Yet in fpite of this opinion delivered by men of honour^by profeflional men, upon a profeflional point — you ftill continue to be urgent for a court-martial, and complain of oppreflion becaufe it is denied you. I will prove, that to have granted it to you would have been folly and injuftice, and that the gentlemen of your profeflion, to whofe reprefentation you obje<^, have been guided by principles of reafon and equity. Thofe wao ferved undfr you, and who were witnefles to your condudt, are at this time prifoners in America. What method could be purfued to bring them before a court- martial, and how could your conduct have been fully examined, and impartially tried, without the prefence of thofe whofe teftimony was material to the enquiry ? Any decifiont therefore, muft have been made upon a very partial and confined body of evidence. In cafe the court-martial had found you guilty in the greateil, or, in any degree, how could they have proceeded to pronounce fentencei or to inili^ puniihment ? Your life they P 2 could 'i i( ii ( 20 ) could not condemn you to lofe, for that be- longed to your enemies ; they could not dif-r iniis you the fervice, becaufe you was a prifoner of W2^r taken in a military capacity, and as fuch muft be exchanged upon the cartel ; they could not degrade you, becaufe the Americans had a right to receive in exchange for you an officer of rank equal to that v/hich you poflefled at the time that you furrendered up your arms. It is therefore •very clear, that a trial under thefe ci»*cuni- ft^nce? would have been a mockery of juftice; a trial without evidence ; a condemnation "without punifliment ; a violation of the rules of war ; and a very grofs infringement of the kw of nations. Your flay In this country anfwering there- fore no effedual purpofe, the Secretary at War fignified to you, that " his Majefly judg- ing your prefence material to the troops de- tained prifoners in New England under the convention of Saratoga, he wiQied you to re- pair to Bofton as foon as your health (hould be reftored.*' You had before uied the free- dom of differing from the judgment of the Board i £ dA am mm Mi ( tl ) Boar, of General ^f ":; J^t^oS" lamed «o fet "V V"" J^ i„ your letter to that of your ^°yl"^7",eft. that " the pur- Lord Barrington you xpre ^^^^^^^^^ ^„ pofes intimated for your pr^f^^^^ ,^„^ America would be je^y ^^^^ ^,fp,a vices." That I may not ^^ ^^ „. .hich I feeder M^eft-J^;,,,g,out>d^^ rogant as to '"?^^"'' J mdgmet.t was form- is probable that the --^y^' J" ^ to examtne ,V,at would moftna-ralVy.^^^^^^,„„. of plaiti common fenle t>P J • ,„ , convention with the You had entered m^ a con ^^^^^.^j^ American General, .n c l^^^^^^^^,,a pri- the army you '^^'^^^Hpreffed in that con- foners under '"'"^'""''^ilwe that difficulties mention. Uwas not tmpjob^ ^^^^^^. ^^^ ^ight arife in the cx«u^;°" f^ difficulties as ^ho was fo fit to obvtate t ^^^^ .^ ^^, the commander by ^^]^„,,,.jly give him „>ade ? Hisfituauon -o^^ ,^^^„ ,„y other „,ore weight wuh th^ene y ^.^ ^^^^ a. „,an. While h>srat^WwouW ^^^^^^ ^^ ^, the confideratton that he wa ^^^^ { " ) rank from an opinion of his abilities^ would give hope to his troops, and confidence to his country. The captive foldiery expofed to every enticement from the fervice which an unprincipled and infidious foe could pra£tife upon difappointed and diflrefTed men, would neceflarily require the higheft influence to fortify them in their duty. The zealous at- tachment of troops to their commander is known to increafe, when they have been ex- pofed to one common danger. They look up to him as their unfortunate friend ; and, in- ftead of that envy which is apt to attend the profperous, there prevails a mutual fymp ihy, a kind condolence, refpe^t founded on efteem, affedion heightened by diArefs. Such would have been the difpofition of your army tOr wards you. Your prefence would have kept them united ; in your abfence they have been difperfed. The enemy by a flagitious viola- tion of the treaty detained them in captivity ; they ftruggled long with hardfhip and diftrefs; but at length their conftancy was ihaken ; thiir fortitude overcome : fome difperfed over the country ; fome entered into the enemy's fervice I #- ^i^di 1^ fgSJm^mimm^ wafted away. ^^^''"^^T^eSySeSed. you re- even if no fuch n"*"''^ , ^f difobedience to Ae order, of that S°vere»g«>. ^^^^^ ^„,h ,oubear. and t°-^°^^°CIIuUary V.ght. I indebted, cat. be jufttfied n ^^ .^(^ig confer. I am .gnotant of th ^^^^ ^^^ ^^^„ tVon. 1fou """^■"Py" ^,o„du.on depending „« conditional, and th <: ^^ .^ ^^^^^ ^ upon your own J^^gf ^ ^on as foon as .t orders were to proceed °B ^^j^ eould be t'"%T* :^oUveairociated-th your health. They ^^^^ ^^^ ^^^„d yott you in private, ''bo have ^^, In pubUc. -" •^'^-ro'ole^lv- tl U^, not in a -"^•"°" ^.^"of 'this order. Bu^ nvuch more '^'=/"^f;'„hich you entertamed. tcfides the P""'^"" loVtutionto thene*t Aat « to expofe your Jon ^^^^,.,5, « American wmter ^.a. t^ ^^^^^ ^„„,i,e, doom you to the grave. J .. y<,« teafonfornotteiutniostoA ^^^^ ( 24 ) ?(rmy (you inform Lord Barrlngton), attached to you by a feries of misfortunes and conflids fuftained in common, would not find material conlolation from your return in difgrace.'* Your difgrace would, at any rate^ become known to your troops, and as you confidered that this might caufe difl'atisfadion, or excite refentment, it was more incumbent upon you^ by your prefence, to have prevented your particular wrong from operating to the detri- ment of your country, and to have giveii their affedion for you, the efFed of an attach- ment to their duty. h !! When you tell us ** that you intended to fight your own regiment In cafe of an invafion," 1 imagine fuch condud would have been en- tirely inconfiftent with your prefent fituatlon. You applied to the Congrefs for permiflion to return to this country, that you might repre- fent the fituation of your army, and vindicate your own character. Permiflion was granted to you, in order that you might accomplifh the purpofes which your application expref- fed. But furely the Congrefs did not mean that you Ihould have liberty to fight againft their / ( *5 ^ . ^ . , it would bav*! ., e.t /-n^"* "•"' "'"r^tt them, to have ^''" Tvour enlargement *°'\„„gue i„ the S""'' Ive freedom to 7°«;7,,^ Vn the "or in thi. counwV t ^"''"''" .dreffed to Mr. 3en- , fecood ktter addreiwa ot .^"n';uapprehe.dth^>J^,,^,,,o. ft:obetrVedforab^-^^;|\„,,eord^s liable •." " j^ot i^^' - . ;- eniifeiy . received, you ar^^.^ ^^^ pofmon « e^^^^^,, fr'C cannot ur^de^go^";,^,,^ ^'^^'" rdemnation tn.gW '°^ 3,^ „poa Vitate aga^ft*" fo^riiity to the uw "^^■^■'"Therera^esree "^ "^^Xso' ' "'^^ Und.-T^^f ^„i„g ,0 underg 1'°'^ ^^'^ nu ed dilobedience, at th .^^ for this imP"^'' y^ ( 2G ) time that you are told you cannot be tried for any offence by a court-martial while your pcrfon remains fubjc£t Congrefs. to the will of the The report of the Board of General Of- ficers you apprehend to be erroneous, and " the fubfequent appointment of other gen- tlemen, exadly in your circumftances, to military employments, fubjed to orders, and accountable for the breach of them, is one of your reafons for conceiving that the King's advifers do not differ from you in opinion, that the general officers were miftaken.'* One of the gentlemen to whom you allude, if I miftake not, is the prefent Earl of Har- rington *j but fo far from being exaclly in * Since the firft edition I have heard that the Earl of Harrington is not one of the Officers alluded to ; that it is admitted he fiands in a very different fituation, having heen exchanged ; but that'there are Officers who are under the fame engagements to the Congrefs as General Bur- goyne, and who ate actually employed in the defence of the kinarfn.iK I can onlv fav, that, to all fuch, this reafoning -ment mu ft apply anc thei ?pt; allv under tlie fame circumll General) is, in my opiniun, i tion. of employment (if adtu- ances with the Lieutenant nconfifient with their fitua- your i. ( v ) ^ ferent fiwawon- V that the corvenuoti of ■ Nowlthftanding f^", t„,Hled upon Saratoga had ^^^ j^f Sfed to ratify it. our part, the Co-P^- ^^^ ,„„diuons. anegir>g, that v,e had v o^ ^^^j.,, a. We denied the charge -th _ ^^^, ,„d detained our roop ^^.^^^ ^^ W,ngadifputeheJ-t_^^„„,„,Wytr,bu- ^Itheach other, and ^^^^^ „^, „al is competent to de .^^ ^^^ ^^^j,, -f«-"'"odrTuft-toUfeif. The v,m endeavour to ao ) ^^^^^^ ^^^ ^^^^p, . Congrefs. under th« ide - ^^^_^^^^^ ^^^^y ,,d under the fam^^^-;^^^„,,,over from „,an of that army, v^ho ^^^^ ^^^^ ^^^^,^,„„ the Americans, as r .^ ^^^^.^^^ jurmg in the treaty. "°» '° ,„„ ,etuvned to th.s the war. l;"'"^ " ^ „„ttion of that trea-y 5 country under ^^^,,,1 by an exprefs but you, S.r, bo^-"^ J ,^^, Congrefs •, you aaddiftina engagement ^^^^^^^^ ^^^^ ^.„„ gave them your P"°'^ ^^^ whenever they lould return to Ame^ ^^.^ ^,,,^ you Ihould require you.^tip^ j^^ ( 28 ) ' I due notice. When a conditional contrad is entered into betwixt individuals, if a queftion ihould arife how f^r the condition be fulfilled, the municipal laws will determine the doubt. If the contrail be unconditional in its nature, and one party do not fulfil it, this will not juftify a breach of it in the other ; he is to obferve it as far as depends upon him, and to apply to the juftice of his country to redrefs the wrong he has received. If it were pof- fible to obferve this condud in the differences betwixt nations, this country would not be juflifiable in detaining, after a demand upon the part of the Congrefs, thofe officers who t\'ere their prifoners under the convention of Saratoga ; but as this is impradticable, the neceffity of the cafe becomes our juftification, But notwithft^nding the injuftice done to us, we muft confine our retaliation within the very line of the injury received j for if, under a pretence of its being a part or a confequence of this tranfadtion, we were to detain officers who have come under fcparate engagements, public faith, now hurt it is true, would then be wounded mortally ; mutual confidence would ceafe ; and to the humane manner in which way ( 19 ) i„Aed would fucceed a fcene -" •- -" ^""fffS: and affamnation. Up- of (laughter ">.^'*^"'' engagement to the on thefe prinapks ^"^^^f^/binding ; and. Congrefstnuftbecon.^^%,„,,,.ofth= therefore, your cale u> ^^^ „„ tradiaions. tie mu ^^^^^^^ ,„,Uc life, and -c,^;^^^^^ frailty, who can .f Pf . i„juftice," a man " ^''"■''^;c1::rwUl tlnue to fupport In a pubUc ftation ^^^^ ^^^^^^^ ^Uh his »fl"="^^' ;S,„y, and unjuftly." hi„ " feverely. ""S"*^/' , y,e will alike , ,hat ftubborn in principle, and that nu ^^j^^y. ine be proof ag^'"'^ ** " „„kes it particular- ■ hift!ry of theprefenttimem^^^^^^^^^^^^ ^.^^ ^y ^'^t '^ Sef Wherever we turn our any profped of b he ^^^^^_^ ^^^^^_ eonfideration, political AP ^^^^^^,^ ^,^. felves, who once harangue ^^^^^^ . ( 30 ) quence; who now declaim with patriotic zeal ; and the moment of whole converfion can be precifely afcertained, by the particular favour which they were refufed. The Courtier de- nied the ducal Coronet, afcends the Tribunal, and woos liberty in the Forum. — The rugged Patriot throws afide the Lion's fiercenefs, and foftens into the fupple Spaniel, whenever the hand of Power feems extended to carefs him. — When you inveigh againft his conduct, *' who could ad at the pre'ent moment againft men in public ftations upon any refeniments unconnected with public wrongs;" we admire the morality of the fentimcnt, and only la- ment that it fliould be fo little obferved. l:! I II That your ** oppofition has been the caufe, and not the confequence of your ill-treat- ment," appears to be a contradidion, from the nature of your ovv^n account. The firft injury you received, was, your exclufion from the royal prcfence, which happened imme- diately to you upon your arrival in England ; this appears to have been the origin of the fuppuiVd ill-treatment ; your oppofition was JubJ'equent lo this meafure, and therefore it is impoffible at ( ) •.mpoffibk that y^ ,^^_^^,,,^ent. c V, is nearly the fubftanceot „^aua. ^" ,lced m iuft'fi^^Trflar that argu- ^-'' '"^'Tyou entertamed a f « ^^^„,. ^"'' "' J nrove infuft^en to y ._ ^*"°ll and acrimomous >nvea J^ ^^^^^, ininauon, . y, you have ^j favoutaWetothe?t I ^^^^^ .^to > i;,;<-al honiof' a" j -(^ range, the po^'"*"^' , tv^e whole extent oi . ^3, „,„ov, canvas th ^^^ oracle of De^p Pofitlve and precU ^„^ ''"'^^^"Luted ,ou pton°unce upo« ^^^ ^^^ of ^3 °^ rtp:nth?<^-f \;::;^^^^^^^^^^^^ ( 32 ) Pardon nie, Sir, when I afTure you, that fuch language from a man in your fituation is im- proper and indecent. Whatever may have been the conduct of Minifters, you ftand alike with them before the tribunal of the Public, and it is not by an accufation of others, that, you will be permitted to juftify yourfelf. If you tell us, that, it is the privilege of anger to rail, we will agree with you, that, it is a pri- vilege which anger too frequently aflumes ; but if you mean ferioufly to bring forward thefe charges, you muft fupport them with other evidence than your own. Whether it be true, as you aflert, that, the ruin of officers forms the whole of the military fyftem of the prefent Minifters, I will not at prefent inquire. If fuch be, really, their views, we have to regret that the conduct of their officers whom they have employed has been fo favourable to their plan ; and in this inftancr; at leaft you will not charge them with *' incapacity," where they have fhewn fo great a knowledge of character, and have fo judicioufly feledled fit inftruments for their plot. While we feel 3 ^^^ ( 33 ) , • country has !«" uboured to o fte»' - ^^■'"' rJl not m the pov- ;f. „„<,e • whom «t ^»' " ^ ■, ^as not with 8" • ,0 defame; whom '^^*^j^^„ ^Vieit -rieiofrnj^e^o--^^^^^ m every P""/. ^^'y referred u«. =^«<^*' ,ouehers to ^''''l^^Ji.Utc.ioiicf^f^^ teftimony they P'°^"'=;J..^^^^^ they refleaed r .v,eVr luftte upon wiin ^^^^ the peded by every triflmg ,, of oppo- fiuon-who, after a ^ ,„u Ga five engage«^«^ ^o, ^^^^^^^g^, and zetteto f^^\%te truly great commander equivocal fuccefs. ^b^ ^„ ground. H= ,^fts not upon ^fj^^^-,, ,hich a kg.on ^'^'•^r'tafuSinvaintoa^m.nrO.. of pUferers may i* ^ an ,i*«»u»**'' ,jfe— **■ •*. ( 34 ) and fecure in the opinion of his country, he fets at defiance both the infidious whifper, and the profeffed attack. As far, however, as it is poffible for you to produce any good efFed by bringing fuch a charge againft Minifters, I fincerely wifli that efFe£l may be produced. Inftead of weakening the public confidence in the Mi- nifters who have the diredtion of public af- fairs, and to whom confidence is moft eflcn- tially neceflary, may it ftimulate the officers whom they employ to efforts worthy of them- ielves ! Let them proceed under the jealoufy, that it may be the intereft of the Minifter to calumniate them ; let therti be perfuaded that the favour of the nation can alone fecure them againft the intrigues of the Court; and let them ad under the conviction, that the fureft method to conquer their enemies in (he ca- binet is, — to conquer their enemies in the field. This Philippic, however happily adapted to influence the weak, and gratify the violent, you was aware, v/ould require fome explana- tion to readers of a different complexion. The mob { 35 ^ c nr^tor from tbe «ob form tbeir opinion of an °ra^^^^^^,,,U - Kolfvvociferation.aul^^ conviftion. arm- No")'^ , _ .ug warmth ot w »c At a ume ^ , matters, it is V .. 1 may be toW. t^t ,^y , ex- .. diaates of patty, and de ^^^^,fi a » taauons of popv^^Y' Tbatyou-ould fcems you are prepared to -IJ ^^^^^ f„eh aa f My friend'' yo" ^'■^'2^ ,o„tempt tbey " \„-,on Vub tbe fame i- _^ « imputation ■" , ^nfore. ^' .. do every otber -.m^era j^„dfcip. ^^e i .ii '.1 ( 36 ) my principle in political n[iatters.'*~In what manner? — ** I have proved it by attaching my- felf to men who have no object but to fave their country." — This argument, if not of the moft convincing, is at leaft of the mod curious nature. You fet out with ftating, that owing to the opinion of a general want of principle in political matters, you mi^ht not obtain credit for it ; but to obtain credit for it yourfelf, you very liberally give that credit to five hundred others, and ej^pedt the Public to keep pace with you in generofity. The man who but juft now had much difficulty to believe that an individual could be found of principle in political matters, is required to give faith to the affertion, that principle alone aduates a numerous political party ; and in order to induce our belief of an improbable circu.4- ftance with regard to you, you tell us firft to believe it of five hundred others ; as if incre- dulity decreafed, in proportion as the impro-^ bable verges towards the marvellous. I confefs, that were I an eledor of Prefton9 J fhould entertain ftrong doubts with regard to the propriety of again electing you my re- prefentative ( 37 ) t vinder the circum- is the lit ft ""'J . , tViU perilo"* ttn"= .0 bis conftVtuents. M * J^ v,, ,„ be. o£ Wee of every «^«'^« ^^^U. Vet. fixated !L- but (hould your '° ^o„bt.but main > "" , n .v^ere can oe nu ^ V.th.beir intereft, tber ^^^ ^^^^ ^V,ey >»U\ ^^^'^'"'Zsc it in your pow« to * •,,,„.bereyoub V ^^^.^^,„„ „f ,,. ri. ,n.m baiffl. ^^'^,45 a penfion can fit t -V. no .an ;^Wo ^^^^^^ itt pavliamem. becau ^^^^ ,^ s,y '; Jet rnM"^' '" f^^^e U as iikely to be V'-' *l Tdte d nt for bis Ubetty up- ilflucnced^-'^^ f d^f " ^^^ i, dependent for a ontbeCongteft, as^«^° penfion ■:i ( 38 ) penfion upon the Crown. I am fure the fpi- rit of the conftitution confiders him as equally unfit to fit In parliament ; and though there may be a greater probability of the penfioner's vote afFedtIng the meafures of the Crown, than of the prifoner*s afFeding the meafures of the Congrelb this is counterbalanced by the fuperiorit; of influence upon the part of the Congrefs, inafmuch as liberty is a greater enjoyment than property ; as impri- fonment is more dreadful than a mere priva- tion of wealth ; and as that imprifonment would come attended with circumftances of keen diftrefs ; a removal from his friends, and a tranfportation from his country. Though you may have fortitude to purfue the line of duty, every man is not equally ftrong. The precedent is dangerous. In matters which affed the conftitution fo nearly, as the election of reprefentatives in parliament, we muft look beyond the preient moment. At a future time, the fame mark of diftindion may be conferred upon one, who, under your cir- cumftances, will not obferve your condud ; who being equally unfortunate, will not bp equally upright. T have 1 V your woul< whinls whic will tner whi plai no^ &' 11 th la t ( 39 1 f ,i.vourU the fabftance of 1 have no« gone Au«» ^^^ ^^.^^^^^^ .^ ,out letter ; at>d after what ^^^ ^.^^^^ j Sdbef«pe^fl--;;jt',„ypre3udtc^ ^Wch your condua h ^^^^^^, fc^ ^iU obfetve. Sir. / ^j^^ compUmts Merely to an e^-^J^v^ether thofe com- plaints appear w ^^^ ^y^e nru low attempt to cnm.n^^y,^g„Jty „ee. How fat you ""^ ^^^e. « it be fard. ! leave to impUe^--;:,y brave and ga^ ^,,,ouhaveaaedJ^^„,i„,Ukefitua. minutes longer. Regulus was age „eral in the R°«>f 'f " ^he Romans, under : war with C«*aS^^^^X,.a gamed many Ae command of J^^S .„.„„„ dejeaed by viftories ; arid the ^ ,„,,eenar.es from „„,ed defeats, hireu ,^,efe ►»«- C 40 ) of his own country. His dilcourfes foon it* tradted the notice of the Carthaginians. He promifed them difcipline and vi(Story; and by a decree of the Senate, he was appointed to the fupreme command. He watched for a favourable moment, and at length confider- ing it arrived, he determined to give battle to the Roman army. With this view, he took the advantage of the ground, and made the neceflary difpofitions. Regulus, inclined to fecond the wifh of Xantippus, drew up the Romans in array of battle. In this ar- rangement he is faid to have committed a ma- terial error. Xantippus began the attack, and in a fhort time, the main body, where Re- gulus commanded, was broken through, and the Roman army put to flight. Regulus remained upon the field with five hundred men, where he was foon furrounded, and at length taken prifoner. It was the firft time a Roman general had ever been taken alive in battle by the enemy. The vidors marched to Carthage ; and Regulus followed. Here he long endured the hardfhips of a rigorous captivity. They gave himbut juft food enough 5 to ^> ( 41 ") ..... and to render life ,0 prolong W. -""^"^^ '^ -^ to cVe pubUc - ^ Another engagcui l.ble n-f« irc^izens, who. the ^ere many >nuftnou .^^^ ^^^^ of Romans made V-^2^\,,,,k6. A feconj ,he Carthagm-ans da.ly « ^^^^,,, ft.U defeat happened; ;°f =^^,„, ,ere in tbe fucceeded; thevr beft oto ^^^^ ^^^^ hands of tbe Komans-, and J of t to Home to «go - - ^^^^ „„ft a T «*.rc; or to ttcat oi v^'* , , -j^ the !v>at the mifene. wh.cb b^b . ^^^^^ dungeons of Ca"h S^' ^„ , ^eafnre tbat gWe his -^""^t-^"PC Rome and liberty- Ls to reftore h.m to ^.^^ ^^ ^„aet- Before he ^^.f^^^^^^ln Wtcb they o- ftand, that if «^^f ^^^^^ not be accepted* dered bim to make fbou ^.^ ^^^ ^ a death of torture -^^^[.^^^ ;„ the fub- :eturn.-WhenUegulus^;,,„e before he «^^' °' ''°"':' leT of the city. /' " "«: ^ould enter the gates ,, i -V?*- :*'.^r'tte'«»-*»^*J»'**^'*'***'**^' .a^fll^- ^I5(BHm„-4***«> f^x-- •*WHiMbj f' ' ( 42 ) amy to enter within the walls of the city. My misfortunes have made me a flave to the Carthaginians, The Senate at length aflem- bled, and Regulus made the propofals with which he was charged. The modefty with which he fpoke exprefled his fenfe of the low ftate to which he was fallen. When he had finifhed, it was with difficulty he could be prevailed upon to remain in the Senate j and only in obedience to the repeated orders of the Confcript Fathers, that when it came to his turn, as a member of that auguft aflembly, he delivered his own opi- nion. He fpoke againft the propofals which the Carthaginians had deputed him to make. The Senate determined to rejed them j and now the moment of trial was come for Re- gulus, and for his country. The Pontifex Maximus declared, that he might remain in Rome without incurring the guilt of perjury. His wife and children with tears and lament- ations conjured him to flay ; and the people joined in the prayer. It was eafier for a whole people to be treacherous, than for Regulus to be falfe. He knew the punifhment that awaited awa flex fen hi? in or h( h V ( 43 ) Vint ftern and in- flexible, he P'-^^^f ^^,1,^ upon bis arrival fererie ar>d f=«^="*.le\e feemcd to enter ' his return to Cartbag^' «> .,„,ent.ve t triumph. It was " ;;;"_He fmikd at ;:ueUy prepared the tort- .^^^^^ Jasnotir^couftaattoher. .. , -rttiigoyne was L,k«tenaktGe..ekalB" ^^^^ enuuftedwith ^^--"Slfavlcetothc deftirxed to perform a ma^r^^^,^y,eal for ,hee.peditior.uponwh.ch ^^^^^ ,„d wherever he r^t ^.^^ ^ ^.^^ f j bated with -^'°;'-2ZLi ; but at length to contend under hrs ttan ,^ ^j, ft.e deferted him. and hej ^^^^^ ^^^^^ed „,alice of Fortune. .^ „„„bers ;, a force greatly ^^^^^^L^ ,0 their fupen- and he was compe ed Jo y ^^^^^^^ „f ,h. oTity. While a pr.fon« '" ? enemy. '.'f\ ( 44 ) enemy, he obtained permiffion to return to his own country ; but he continued engaged to re-deliver himfelf up to the enemy upon due notice being given to him. Upon his arrival, he found himlclf precluded from the prefence of his Sovereign, upon pretence tliat an In- quiry was to take place into his condud:, ;ind that it was unfit he fliould appear at Court till the event of that Inquiry was known. He demanded a Court Martial ; but this was denied him, upon a reprefentation from the heads of his profelTion, that no in- quiry whatever, could take place while he con- tinued a prifoner. He complained loudly of both thefe meafures, and joined himfelf to a party which aded upon a plan of general oppofition to the Minifters of their Sovereign. Lieutenant General Burgoyne was a member of the Senate. There he attempted to take %he lead upon many important occafions. It was obfervable, that his chief complaints were of the perfonal ill-treatment which he had received -, and that he feemed to feel his own wrong more fenfibly than the lofs of his country. He received an oiEcial order fignify- w v\^' -«cT"-»-jr- i «^ \) ( 45 ) Jng to him, tb« » America and vereign that he ^'-'^''^X were fuffering join his captive army, J ^^^^ j^, ;ader crueUy -J f f" ^j Ae feverity of - '^'"f ^"' Main hels commanaed •. agaia thi» order. AS»'"" ,, ,h finding the he remonftrated ; and at ^ .^uhU matter firmiy ■-'''^«\"j^:i eLlng only eivil and miUtary employtnems, ^^ ^^ ^^^^^^^ ,i3 rank in 'be iem- .^ .^^ ^ j^„„ ,,, h of his condaa to ttic j i^veigh- ,eaddreffedtohis«u«»^ ed with bitter -"^^''^^fl,,,^^.. received of his royal maltei. Some tiiought Wnhadifferenceofop^on ^ f,. U a pathetic repreMon o ^^.^.^^.^^ -"'y''T„dtvl were not wanting bis conduft; and tb..re ^^^^ fome who pronounced it ■ q;. take my leave of you. 1 jhaU --' ^;;;;.,ft., Lt your retreat -■'* \ '"\,t r ice may appeafe the ma. from the public lervi ; retirement lice of your enemies, and tna y ^^^ / -jj,*r— ■ ■■ x ii TT ( 46 ) may be undifturbed by reproach. If your conduct in this country has been improper, let it be confidered that it has carried its punifli- ment along with it. — Your conduO: at Sa- ratoga forms, indeed) too melancholy an epoch in our hiftory ever to be forgotten. But when pofterity fliall learn of your defeat, may they be told with how much bravery you fought — may your merit go hand in hand with your misfortune— and may the amiable part of your character live in the memory of your country, long after your harmlefs foibles, and unintentional errors fhall be funk in fhade, and buried in oblivion ! I have the honour to be, SIR, Your moft humble fervant, 11 The AUTHOR, '^4 \ \ >1