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GENr^RGOYNE!^^'^'^"'^"^^ T ■ I •. CONSTITUENTS. OrON Hlf LATI RESIGNATION,' w ir ii.T ■ » COKRCIPONDBHCKS betWCCIl the ScCRETARIKt of WaK and Him, relative to hit Return to America. A L B *T T E R I -TO LIEUT. GEN. BURGOYNE, ^. ' O N « I • ' LETTER TO HIS'CONSTITUENTSj ^ A REP L Y T O ■•.4!' L IE U T. G E K. B U R G O V N E 'S /% itv-E. , r ■ T B -It, TO'-' ■ > ''X ' J I --^^m % ;. < HH CX) |« S T IT U E N ri; ]> U B L I -N: 1 ., "■• / *^' ^ F »m T 1 D IT «. ITA it ^H » A K B, '<5^'"^^"!^V rOR THE COMPANY OF BO'OKS^LtEHs!'*'^"^ V V- I: . '.) :\- ' '■, « ■ » N 'i a r t « .1 > ; •M ■7 I ' ill r \ :,W i • .: A Ji H V J: A »■' , / O ') 11 Gci> . J ■ .IV R^H fmitiJE bile'di Th fbi' (A tubnt othct' rianb< Mj niyAfl: know: cdoijti Thcfi jut^ i i .1 k v J}. IvI %,i H ill M.ICI •frj'l ft TO..THS Gentlemen, Clergy, and other Votert, •in: .'.I 6 » T M I (!. - *r 6'Sv iil b F p R E s t d N. I ■• ■ 'Tr»«t>ftlfpdtt(ibility for political condu(3, l.^'"toa |»rha|it for all condua, which fcvc^y R^Hsfentative oWes in a certain degree to th<5 rdi\dt( kt laijgtfv/'ahtf particular!/ owes to his imrUfcdfiat*- Cdntfif tights, bcdamcf - a more foitF- blcduty dpdrt me'fftfm the maiiy^rivAtp frictidi fhipsMtl^ whid^1«tti !ion6ak^*ttnioiig ybti.' '* The crifis in which I write is another r^aftdk fbi" fliii addr^fsl 'NeWr, (brfcly' was there a tifft* la wKidiifc^^ai lb impbi^fiM 'fblr Conftii tubnt and' RepreH^ntiitivb t(i' tihderiMnd eaci^ othc^j ' b^r i^tr ^wa* there ^d 'i^htn mori fyI!*rtati^»pifnJI^*^« takfcn td ftt thirh at vii rianbej ■'■•' '• ' ■ ■ • > ' •■■ ^ '«:■...!■••'. .: •• ? M^ f.rR pui-pdfe is to cxplafti ^ to you fe cairfis' Which' ha v«? ihdiiced ire ^o withdrati^ mylMflflom a ftalion, in which- (tilt it ik known that my offers of fcrvice were rejected) ^ r^ght> ^e fnppbred capable oT ferving my cdoytly h» ' her ekremity with' fome cffcd. Theift'tattfck fhHIKbe hated faithfally. It ii the^'ihterdi and 'pride of the ihnoctot ai^d In-. «;^.. juried ttf 'be in^noous. .2 For ( 4 ) For the hotter onderftanding my cafe, it may be ncceffary to take a thort rctrofp«a of fomc of the leading ptinciplea and fituation* by vrhich I have been governed. i I had been a member of the Hoofc of Commons nearly an entire Parliament, be- fore i became a candidate for Prcflon. The teftimony of my condudl during ihat time, of which I waa( moft protid, wai the approba- tion of Lord Strange, under whofe aufpiciet I firft offered myfclf to your favour, it wat my happinef* to be his relation » but it wasiny highcft honoot that be M4f my frif nd >^1^ choice. Yoy , knew him welU-Hia nat^rd affeaions were ftroni; » b^ hia publif: viitwes were inflexible ', an4 no family connexion or intiereft, unaccompanied with opinion, could have influenced his recocnn>endation tot a tnift fifo^ the people. ' The fyftem upon which 1 bad a£ied the prececiing Parliament, and upon which. I con- tinued ti> a^ in the (cut y^nx i^ ^^ nvemev was Ihort; and plain >-»a conftitutioeal fupport qf^theCrown«r-a liberal reliance on tboie who then condudied the public meafures — but an independent i:laim to free opinion and free;a>n- dua vpon fvery occafioti in which niy)M!d§- ipcnt called uppa mc to depart fro© aof ge^- ; f^ line. •: ' r.^ ' Government gave me countenance aod-ftiv. BBC favours j but never at the expence pfttboft ^ principles: and I. reflea with pleafi»rc. and Satitude on the ianaion you. i^if^ givci^ entlemcn, to this alfcrtion, 4>y havingr*^' ., thou t\ thoi unc C not nifli tim part tion pro< on 1 the quii and bufi the tion r^ not tanc was "I I ha invfi but: ipna lyai KQe I iotei tedt (hou my caCe, it I reCrofped of ind fituatioQ* the Hoofe of iriiamcn^. be* Preflon. The ig ihat time, I the ap|iroba« ofe aufpiciet I our. ft wat but it watiny goy frifnd i^hj. —Hi* iiat«;« public ?iitiief connexion or [>pioioa, could tioD foi a tnift bad aded the which. I con- ■^^^r eivemev ntioeal fupport i OD tboie iHio afuret — but aa n and free cpn- hich tay'^tfi^' froQi mjff^' nance aoAfilvi xpence pfrtboft li pieafiire and la. k^^ givea y haviagr?^' thofi ( 5 ) thofe favours from the Crown, eleded me with uncommon marks of your approbation. Conformable to the principles I have iUted, notwithOinding tny general fupport of admi- niflration, I had iound my (elf obliged fomc- times to oppofe the roeafuret of the Court } particularly m the debates upon the Conven- tion relative to Falkland's Ifland v upon the proceedings relative to the Caribbees ^ and up- on the perpetuity of Mr, Grenvilie's bill. In the motion I made for the cammittec of en- quiry into the iit^e of th^ India (>}mpanyr an4 through the whole progrefs of that ion« bpfinefs, 1 adcd withovt the participation of the Miniflert -, and foch accidenta of fepa ra- tion bad arifeo between Loiu i^oru, (the fup- r>ied leading Minifier) and me, that, although bore refpe^ to his chara^er, do two peribns, not in dired enmity, could live at a greater dif- tance. Such wat my political (ituation when I was called to the American iervu% in the year 1775, It M k;iown to thofe who employed me, and I have often dedared it in public, that 1 was involuntarily called to it. 1 wat not without prcrfeilional reaibns for wilhiag to decline it i butt I had many oth^s, ariHng from fuch per- ibnal cifcumfiancet aumuft naturally and flrong- ly affect the human mind — They are not cn^ KQewa toyou» I dated thcle fentimcmta when the King's intention of emplc^uig me was 'communica- tedt adding, that jaweriul at they were^ they (hould be made tobCervient tQ the principiss ^ , 1 bad k-mhi' 16)' 1 had ever held of a fdldicr^i duty\ ind if hit Majcfty thought rte» then the wft «od humblcft upon the lift of hii major gonertls, to be ncceffary to the fcrtioc of the ftatc, I fhould forcRO tnv idea of cxcufin^ n*yfclf upon the pica or my private circumftan««8. 1 was afTurcd, in termi very Ikmourablo to me, that his Majcfty was decided in his choice of generals, and I immcdiatfcly declared my rcti dincfs to obey. * ^ Thus engaged, I refolvcd to dedicate my- fclf to my new fituatioh. 1 faw the nationirt objedts to which it opened. I had nnffortnljr fupported the principle thcii held out by the Minifters— the fuprtrmacy ' of the King ib Parliament ; and from tru^r p\^ic fenfationi^ 1 endeavoured to pt*. myfclr upon a» good terms as poffiWe with the Piril Lord ot the Trcafury. I foggcftcd a cohimand at Ne<»- York with four reghncota (it was the very beginning of the troubles) with a view 'to ne- gotiation, not to arms. The idea fcemed to be much approved } but I am Hot mafte^ of the fecret and political circumftances that prc^ vented its being adopted. I aih' now inclined to believe that had the meaflife taken plicfe; the war would have been prevented : or at Jeaft it would have begun with that Jmportaiir ptacel being in the King's government. ^ ]' In the courfe of the enfuing campaign (if the blockade of Bcft6n can bf^ Called by uiat name) my Efforts to* be of ufe In the piibUc fervicc were not crtnfihed (o the immediate line of mv Ration, but yvtrc exerted at large, and ;■»* .' * received rfcc tion I En£ |CQ0 turf] Witt cnti in t Can t\m Wirt diflri cet-.l b«W bcfoi Guy twrA W4^ II fbrCM p%i com ^m Ame duty\ and the m() mtiA or goftcraU, the ftate, I fing* myfclf rcumftaryc<8i. rable to me^ is choke of red my reAi edicate rtiy- the natiotiid- d ani^roily out by thij le King ib D reivfMiofiit on ss good Lord or the id at Ne#- at the very view'to ne- i Teemed to >t mafter of les that pre^ low inchired taken phic6; I: or at ieaft poftafir btacci ctmi^allgn (if' illcd by liiat ri the piibltc imediate line at large, and received ( 7 ) ffceivcd very flattering tcflimonict of approbt. tioo at.homc aod abrpad. I/Stc in tijc winter of 17^5 I returned to England. The King'i Miniacri faw and ac- knowlodged, that, in the rcafoni for that re- turq, my zeal foe the public fervicr kept pace witb the anxicticf of my private fitualion. It entirfly prevailed. pvcr them, wheri very early in the fpriqg | wa« ipn from the fcrvice, would xJRy .pfijKiple of public honour have permitted* wit^ the laa 4WI|ing of my unilitary income. Aj tne-Avofi I emburfoed, acute. diOcmper. was adW tftlMiin offijiind, uriiingfrom the family diflrqAi be^rei»Jlu4ed to. and the d«;uniflan» oca , requiring my , ooQtinuance in £«glaod Were bejorae ^u^h more AffeOiag J^en the year My epdenHWBi Jn the patapaign under )Sir MMy.iSwletoiu , in 1776, were alfo thought VorlJjyi jcommeodt^ion , and before my re- turn ]t>>faa|Klc|ied upon for the oonkmand of tej;«»^,«'^«<*,«0 make a jun^ba witJi S>» W4fM«po^; If0.il Ctolida. .,ju;t ,fk.M' I had now fuliained the fe Vef el private niift fbrtmi^Kyvl^ieb I Aad & Jong dreaded. ; Bm- pkwvqi^im Ihefiekl waa ;tl»:bcift idief that cpwW li»r«irc1-editoaffliaij)j^j ta4 fop ihe fiiS *W .JWttA the war, I wai eXraeft to ^ to iii»erifi%! •;••>'.:, ,m.:'.ii! -r-b fi."^»d .'nta '. ■ ■' I havy »'1 l-'j M :*r n > ( » ) ' :| httc flightif touchod-^w prQ|[refa tf mr late fervice, to fliew that 4ii _end .^IP >/- roarefi tf mtr itkin in twhkh 9$$ not one of ' or p^frdMitl ^ io imi fr6m HnioQ. Whe- andcd, thii it eoount ^;'the nmiiidkd, wUji Me in i ilMt*i ifBsntv tiul^ Mi th« «UJb (1^ m iritiiNf my KitM Ciliary* r imdeafdus^; ii ID ihe eoiAt* »r govei'nin^ti I recdiM. -' tte letter fr<^> «pd ( 9 ) ^•cre ^ifhcd not to be cleared Dp, the Secre- tary of State * only can infurn; the world, Oj- redl means of cffeding my exclufion from the King'i prefencc were not pradicabic j for the cafe was unprecedented. The pretext adopted was as follows. It was fuegeAcd that an enquiry (hould be made. by a board of General OfHcers into Ihc caufes of the mifctrriagc of the Northern Ex- pedition J and a court etiquette was invented, the foundation of which in rcafon or pre- cedent 1 am not aojuainted with j viz. that the perfons whofo condud) was fo put in queftion, fhould not appear at Court j)ending the enquiry. No difficulty of the competency of fuch a court was then ffwke of, or perhaps thought of, by any but the dark dedgners of my ruin j the meafure therefore could neither aSkQ his Majeftv nor his Court with any idea of farther hardfhip than the delay of a few days to my appcarmg in his prefcnce. This arrangement had been prepared by the Secretary of State, in the interval between the notice of my arrival at Fortfmouth, which he received in the evening, and my vifit to him in Pall.Mall, which was before noon the next day. It will naturally be fuppofed that the (late ia which I flood was the firft fubjcdt of converfa- tioH) on the contrary, I was received with much apparent kindnefs } explanations paiTed, • Whenever tbt Sttret^ry tf Slate is mrntioneil in ihefs p«pers, the pcrfon to be undcrllotni i» thv Secretary lor the Amcncan dcpirtmcnt. Lord Georgt Gcmnaiii. B but h -m* ■ •%.• . ( 10 ) but they were friendly i I was heard attcntirai ly, through a report of all the tranfadlions fub- fcquent to the Convention of Saratoga, and I was led by degrees, and without fAtpicion of infidioufnefs, to the moll confidential con*- munication, on my part, of fads, obfervations^ and opinions, refpefting very important ob- jtets. ^ . ' If the meafure of denying me acccls to the King had been undecided tefcre, this conver- fation was of a nature to produce a decifion y for it opened truths refpc^iing the difpofitions of the people of America, and the ftatc of things there, very different from the ideas' which (it is now known, from the Kne taken by the Se- cretary of State in the late en<|\3n7) were pre- valent in the governing Councils of this king- It was not 'till after the matter of my dom- munication was exhauftcd, that the Secretary of State drew from his pocket an pfdcr, that I ihould prepare myfelf for an enquiry : at which I expre&d my fulleft fatisfa«aion. till he tbliow- cd the order with the information of th« eti' queue I before mentioned, that I was not toapr^ pear at Court. , . .- Having pitched upon this expedient for no other end than to exclude me from the p^cfcnte of my Sovereign, he could hardly be in pain about the event. Jf the General Officers ap- pointed for a Board of Enquiry, ihould .co- incide with the action that my parole was of fuch a nature as to bar their proceedings, this would put off my accefs to the King to a very long Idn^ not left, a CO to b unti mab hav( hav( orde me. pofli fequ faw able T thel the wer« in f Qtox and tenc4 not fervi nane that in th fuccc Tl abfei Cark furai v*^""- :':.,j|p*'V \.':: ri icard attcntir^'i -anfadlions fub- Saratoga, and I )ut fikfpicioQ of ifidcntial con** ts, obfervations^ impoitaut ob- e accefs to the re, this uMiver- uce a decifioDs the difpotitions le flate of things ideas' which (it akcn by the Se- \iky) were prc- is of this ktng- tter of my i; du tui J lie, tio in we iojc ficj efii voi Ofl< En fer\ def at jud in my my ilin froi onl; froi nmcr of 1778, the Houie of t it at the en- • ceived the con- /o. I.J Tho* it irowedly a Let'- ained no longer ruin was made in the fcience 1 a defign bet- as likely to he jld Uke. If I etrievably — the bave fince been vho propagated 1: the numbers fed to me, were tradidory char- ft the temper of :lined to either, perfeverance :— )r accu&rs ^ and or tb renounce the treaty from the begin-, iling j and by my furrender, to transfer the at6k from the nation to my perfon. Thefe arc the only two cafes which 1 believe can be produced ffom the hiftory of natkws, wherein an officer, who >( •- Hi m I 1 \-:i ( '4 ) who had made a convention with an enemy, had been delivered up to them. The ratifica- tion of the treaty atterv/ard* i« no proof that (uch intentions did not then cxift. 1 will make no farther obfervationi, gentle- men, upon this firft correfpondencc between the War Office and me > nor fhould 1 have troubled you with thefc, but that great pains are taken to divert the attention oi the public from the pretended order, to my behavioar fince the receipt of it. I in no wife fcek to evade the public judgment upon any thing I have done : but 1 claim from the impartial and the candid, a confideration of the pretended or- der itfclf, in its principal parts } viz. the ground upon which it is founded -, the novel fpecies of cruelty which it fuppofcs within the power of the Crown j and laftly, the exercife of fuch dodrine bv men who were parties, and againft the man whom they were called upon by their i)ation and their honour to confront. Nothing farther paiTcd during the recefs of Parliament. I availed royfelf of a difcrction- ary power, as I had a right to do, and I made it no fecrct, that had a dired order bocn fent me, I fliould have laid all my comroiffions at hit Majefly's feet. During the laft feffion of Pariianiem, an enquiry was inftituted. The detail of the at- tempts made by the Miniftry to defeat it, if too notorious to be neccffaryupon this occa- fion. They at laft contrivod, that it (bovld be left imperfea : but in fpight of everf ma- naeemcnt, it had anfwercd roy purpofcfo fer» as as I Iw bcf the wh: moi fha] of i 1 to vin< mifl life, rien heal ed I abai icni tod dien pofii pole J dool peril Sept The in tl want age, cbra have "■T 1 an enemy, rhc ratifica- o proof that I. ioni, gcntlc- ncc between ould J have t great pains of the public ly behavioor wife fcek to any thing I impartial and pretended or- z. the ground vel fpecies of the power of rcifc of fuch }, and againft ipon by their tit. the receis of a difcretton- », and 1 made Jer been ient [nilTions at hit iriiametit, an ail of the at- defeat it, it on this occa- hat it iboioM of cvcr^ ma- lurpofe io hty as < '5 ) as to fix upon record a body of evidence, that I would not exchange for all that power coul4 bcftow. It is a judification of misfortune by the voice of Honour. It is there apparent, what the army under my command, who felt raoft and faw bcft, thought of my aaions. --•The affcaion* of my gallant comrades, on- Ihaken in every trial, labour, famine, captivi- ty, or death, enable me to dcfpifc the rancour of a cabal and all its confir quenccs. The mcft important purpofc of my return to England having been anfwcred by thif viml»cation, i thought the facrifice of my com- mieions, the fruits of tlie grcateft part of mv life, not to be nccc,Tary. I knew by expe- ^^,]i9hzi V had to apprehend in point of health from an American winter ; but I fcorn. edto plead it. Confcious of my integrity, I abandooed my public accounts to the rigorous fcrunny of office ; and i took occafion publiciy to dedare* that ihoold it ftilt be thought expe- dient to deliver me back to the enemy, an4 a poTitivt c'dcr Ihoold be fcnt roc for that pur- pofc, I ihould, as far as in me lay, obey it. I ck) not believe any man who knows rne doubted the fmccrity of that intention. I stm pcrfoaded, the framers of the letter of the 2+tf> September were particularly convinced of it. The man who embarked in ',u fitoation I did in the year 1776, could hardly be fuppwi'ed to want fortitude to undertake an American voy- age, in the fituation in which I made the de~ claration. An order, therefore, which I could nave obeyed without committing my honour, v^O'jld. 4 i:.: M ( i6 ) would not htwe effeOcd my roin. Time simI circamftance* fornifhcd more fccofc ex|icdictilt ; which I (hall now open. Occtfioni were taken to vifit my oftcncca upon niy fricndf. Example* refpeame my nearcft conneaiont need not be pointed oot, when I am addrefling myfelf to any |)aft oi the county of Lancafter. But the principle extended far more wide j and did not the ap- prehcnfion of farther hurting the men I Jove retrain roc, I could produce inflancet of hard- ihip in the diftribution of military preferroenta, that no impartial pcrfon will «»?»«« ^»?.*«JL inteiiiKm of fighting my own regiment as cok>neI i «; ihould its deftination not admit the honwo* meeting the enemy in that capacitor, of P»»r- ^f TfiDf and ; ex|ic4ientt » my offcncct ifpe^ifiE my pointed oot, any fMirt of the principle not the ap« men I k>ve aces of hard* ' preferments, apute to any friendfliip of , it waf well re were otheia the apprehen- rafion, by the me a eertain- mid be foond ofligate« as to le uQcommMi ig, and diflri- and cfCB the :d to for other ''■''■,'4?' know govem- , inteiii^kifi of colonel I or, the hoiionr of • icity, of 0(to- ing ( «7 ; ing myfelf as a vohioteer in the ranks o£ aoy corps (hat might be more Ibrtanatdy fnu^ted, Thcfe fcreral frciingi, and many others in- cident to an oppreiTed man, were doubtlr(s duly confidcred ) for at the crifis when they coofd operate mod forcibly, it wa£ thought proper moft to infult me ^ at the crids when the Kin^fs Servants opcolv announced, that not a (hip or a foldirr could be fpared from our internal defence, a icntence of bani/hment was lent me, and even that not in an or- der, but a reprimand—a fubmiffion to igno- miny was required of me^ for to pot me wholly out of a capacity to draw my fword at foch a moment, was virtually, in point of difgiace^ to break it over my head. Mf cne« mies night have fpared fopertiiioiis provoca- tions. This alooe would ha»e fufficed to prove their ia^ity, and to cSt£t their parpofe. Let it not be foppofed they want knowledge of the hwnaii bcait. There are among theix^ who can diibem its reccil^, and have the (kill and the triumph to make a ibldler's honour and feafilnlity- the inilFuments of his owa de« flm^oa. ' 1 cook! ao longer brook the treatment I re- ceived. My letter, oi the ^ih Odober to the Seottsry at War. [Jp^. No, 5. J cootaiiu my general leoCtmeiitSw I flull now proceed to fUte to you, tiie prii^plea of my partiameo- taty ctmdnGt finer roy tctorn from Aixieiica, for which i hold myicif pecaiiarly and ftndXf aceoQotaUe to yoo, and whii:h I have oolv «. -; ■ C.. petlpooed' ^i : jti 'AiJp%«rtlKrt. «WMS} in itt ih its mnaiaiai cy and gofwrn- Eord tbe fintl- if integritir sod i«ady ta«bidB [ «as i4eter^ I IB R (i«Mtton ) alarming war, occs, thciung- native mtKtary tHconraged aoit ttical defign «| oiSeer whom VftA by fea '«i i higheftini|b| ont. Tw TQlll ole of tbeir «•» experienced tt-^ mf ( «9 ) . full meafiire of their hoAility, it only (hewa the axtent of their plan } having furnilhcd lit- tle etfe than my ac4 And induflry a< a title to their malevolence. At to their political plan, itf objc£l is to impole upon the nation from feiTion to fef- fioQ. Far from profiting themfelves, or fuf- feriog othera to profit by bitter experience, they exift by bringing forth a fucccfTion of de- ceitf . 1 cannot fhut my eyes againd my own certain knowledge of fome of the moft fatal of thefe deoeiti refped^ing America i nor re- flrain myt iuft and natural indignation at their efiodb, without forfeiting every feeling for my country. If thia explanation appeara warm, be alTured it is the warmth of convidlion. Had my (en* timenta been Ufa fincere, my lot would hav^ been very dififereiit. But, in thefe timea when fo little credit it given to principW in political mattera, you may perh^ be told, that I have been follow-' ing the dioatea of party, and deluded by vain eipedatioaa of popularity to facrifice myfelf to their purfoita. My frienda, I am fure, W0nld toeat fuch an imputation with /the fame eoQCafiipt they do every other illiberal cen* fumi but I owe it |o truth and propriety to juHi^ them. The men with whom 1 have thai honour ta ad have no objedla, but to ihve thatr oowHrv^ if they had, they might latg igo have ooUined them { and they would IfOni to accept, at I (hould to o0er, an union upon ifi. :: ( » ) upon iny other termi than t pirticipttion of that cau fc. My adlonu have been the mere refult of my own fcntimcnts. My refignation in particular was made upon the impuHe of honour at it ftruck my own brcaft : and why fhould it be thought (Irangr ? I hope that under that in- fluence alone, I am c-pablc of greater eiforU than any I have made in rclinquifhin^ the libe- lal accommodations of a life, to which I have been ufcd j and of retreating iilto the compe- tence of a very private gentleman. It comes rccommcrtdcd by the rcfledion, that after being encrufted with a contldcrable coffer of the ftatc, and other opportunities opened of obtaining 'Wealth at the undue expence of the public, my fortunes Icfs than it would have been, had I never ferved in the American war. It would be very contradi^ory to my ftnti- ments of your charaders to think this avow- al could be prejudicial to me at Prefton. In one of the moft violent eledk>n contefls known in England, and in fome refpe^s the moft cxpcnfivc, the pooreft among the voters, I mention it equally to the honour of both parties, were uncorrupted. Should therefore the integrity of mv intentions appear in thif appeal, and the paft independence of my ooii* dydl be confidcred as a pledge for the tuture, I have no fear that the redadlion of between . three aikl four thoufand potlBdi a year, wffl^ be an obftrudlion to the honour of ierviiig y": =■*. . Th. irttcipition of e refult of my (1 in partioiUr honour m it f fhould it be inder that in- greater efforta iming the libe- ) which I have Ito the compe- lan. ft cornea that after being Per of the ftate, 1 of obtaining of the public, have been, had war. -y to my fimti- ink this avow- At Preflon. In ledion contefls me refpe^s the ong the voteri, fionour of both hould therefortt I appear in this nee of my con* for the future, lion of betwaen fdi a year, wiV our of icrving Thi ( «i ) The truft of my country in parliament la too facrcd in my fcnfc to be renounced, while I am thought worthy to be continued in it. Ai for the other objcdi which moft intereft the multitude, and once intereOed me, my temper or my miifortunes have made them matteri of pcrfcdt indifference — My ambition is dead ; my occupation is gone-^the humblo arrangements of my new ftate are made j and my whole profpeds or hopes on this fide the grave, concenter in the prefervation of my friendfhipSj and the tranquillity of my confcience. I have the honour to be, with the trued refpedt, affc^ion and attachment. Gentlemen, • your rood obliged. & and moft obedient 1 humble Servant, • Hertford' Streets Oa, 23, 1779. J. BuRGOTNE. • 1 , APPENDIX. ■-*' i'^- . ■ f. - ■ '! APPENDIX. [No. I.] Owrefpondenee with Lord BarHnj^on. 8 I R, War-qfiee, June 5, 1778. The King, judging your prefence mtterial Co Xht troops detained prifonerB in New Eng* Und, tinder the convention of Stritoga t and finding in • letter of yourt to Sir Wil- liam Howe, dated April 9, 1778, ** that you ** truft a (hort time at Bath will enable you " to return to America,*" hit Majefty it pleafed to order that you (hall repair to Bof- ton at Toon as you have tried the Bath Waters, rn the manner yoo propofe. I have the honour to be, Sir» Your oqA obedient humble Servant, Jjeut. Gen. Burgoyne^ Eau^inoton, Hertford-Street, * PartKrapS of tfit Itltcr from Liententnt Gvnfral lurgojM to Sir Wtllitm Howe, which wai inade tht fouodaiion of lb* abof e conditioaal ordtr. " I tiecd not expaiiaie apon the fatiafaClion I flioqld feel •! " betog pat again ia a fiiuttion (o ferve under yon, at fooa ** at ■/ healin will cnnablc me. — / tru/l that m wry ^i tim» at Bath will tfftd that furptft. " I have only to add, mj iruft that yea willi continue Co at * 'ke frieadfliip aod cooSdvocc with which jrou bavo alwava *' honoured me, and that nm will write to ac at full hjr tM f all or any d, that to cx- ext Amerkaii tm mc to the fuch an aiter- icy, I ana con- n in his grace I Majeily's call private duties pon the heart The purpofes lance in Ame- di^'erent from sdulous in mj the ferics of ve in common rial confolation ad their difap- lanced by fuch cither thought rention of Sara- on efit^utting for they would the return of It any perfon . to what then L ad M fending d comi^ainaot, rfped their cm- Your ( S5 ) Your LordOiip will perceive fhc parts of this letter which apply to the council of the throne, from whence 1 am to fuppofe the or- der I have received originated, and in your juflice and gcnerofity you will guard mc, my Lord, from any fuppofablc prefumption of cx- poflulating with the King in perfon. But I apply to the fame qualities in your Lordfhip's mind, for pointing out to his Majcfty, inde- pendently of his council, other letters, among thofc tranfmittcd to the fccretary of ftate, al- Icdging other reafons, and thofc more preva- lent than the attention to health for my return to England; and permit me, my Lord, to add, that every one of them receives ten-fold weight from what has happened lately, for my continuance 'in England. The ijjeciil reafon upon which I chie% reft at prefent, my Lord, is a vindication of my honour. Until that by full and proper trial it cleared to my Sovereign and to my conn- try, I confefs I ihoold feel a removal from hence, though enforced by the term duty, the fevereift fcntence of exile ever impofcd ; and when the time and circumftances of fuch re- moval are farther confidered, that;jBritain is threatened with invaHon, and that' after an enemy^ has fet my arm at liberty, I am for-' bid a (hare in her defence by the council of my own Sovereign— -After thefc confideratioiit, can I, my Lord; be deemed ofiendve if I ^n- tore to dedafc that fo marked a combin^tioa of dtfpkafure and hard treatment, would ht D mor* ■I V » • ^v. '' '*;i- ( ft6 ). more than I Ihould be able, or perhaps o«gJi| to bear. My caufe, my Lord, thus committed to your office and charaacr, I have onW to, add my reliance that you will do it juftice, and the refpca with which I have the honour to be, &c. &c. 5ec, Lord Barrington, [No. 3.] SIR, War-Office, June 17, 1778. IT 00 K the firft opportunity of laymg be- fore the King your letter to me, dated the aid inftant. . His Majefty continues to think w:r prefencc with the troops taken at SarstOM, ind Mi detained prifoners in New England, of fo much importance to them, that he bii commanded me to acquaint you it is his pleafure, that you return to them as foOn ti . you. can, without any riik of n^rteiial injwy to your health. ""- ' ' '' I have the honour to be, SIR, Your moft obedient bumble Servant, Ueut. Gen. BurgoSfne, BAaRWOTOM. Corr^ponience with Mr. JetM^foru [No. 4.] SI R, War-Office, September 1^ I7f9» I A M commanded by the King to acquaiat you, that your not returning to Am^riOi, %xfA ioining the troops, prifoners under the "^ convention perhaps ought committed to ^e only to^ add it juftice, and e the hoaour June 17, 1778. y of laying be^* me, dated tbe inues to think ken at Saratov New England^ m, that he' haa you it is his [lem as foOn aa nMOcnal iojory ■ f'f^ 'ant, Sarribigton* ^{.: fetjAinforu ember 24, I779» Gng to acquaial ing to AoK^iOii aers under" the convention ( 27 ) .' . aoOTentioQ oT Saratoga, is confidered as a ne- gle^ of duty, and difobedic nee of orders, tranfmitted to you by the Secretary at War, in hit letter of 5th June, 1778. I have the honour to be, * - &c. &c. &c. (Signed) C. Jen KiNsoN. Ueut* Gen. Burgoyne. [No. 5.] Hertford-Street^ 06lober g^ lyyg, S I R, IR E C£ I V E D your letter acquainting me, ** that my not returning to America, and ^ joining the troops, priibners under the con- " ventkm of Saratoga, is confidered as a negle^ of duty and difobedience e( orders, tranfmit- ted to me, by the Secretary at War, in his letter of 5th June, 1778." Inuring a iervice of more than thirty years, I hjive been taught by the rewards of two fuo« cellve Sovereigns, to believe, that my milita- ry tonifod was held deserving o( more favour- sm terms than thofe which are applied to it in the above recital. I have received from hia prefent Majefty in particular, repeated and oonipieiious teOimonies of diftindion and good opinion : and I ihouid ha«te been the moft un*- grateful of men, if I had not felt, and nhi. rofinly endeavoured to mark- the warmeft and neft dutiful attachment to his perfbn, toge- ther with the pondilions perfeverance in the execmioaa «ff SB his kwftil commands. Under II tc (( It ii-\ 'H m I ( 28 ) Under thiafenfc of ray paft fituation, your letter dated to be written by the king's com- mand, cannot but sSeCt me moft painfully. The time in which I am charged with ncg- IcdJ of duty, has been employed to vindicate my own honour, the honour of the Britifli troops, and of thofe of his Majefty's allies, under my late command, from the moft bafe and barbarous afperiions, that ever were forged agaiiift innocent men, by malignity fupported by power. In regard to the fecond charge, I muft firft obferve that there were two letters from the late Secretary at War, upon the fubjcdl of my return to America ; and though you onljr ftate that of the jth of June, I conclude it ii not meant, that the other of the 27th (hould be fuppreiied, as it is explanatory of tho n>r- mer. The fignification of the King's pleafiirc therein contained being clearly conditional, and the condition depending upon my own judgment ; I am unable tc conceive by whal poifible conftrudlon it can be confidered as difobedience, that I hav^ not fulfilled an op- tional condition j and 1 am ready, and deli- rot'a to meet the judgment of a proper tribu- nal upon that, as upon every other part of my condudt in the mean time. Sir, I am not told who jtv^ that confiders my taking advantage of my parole for the p^qi^les I have done, as a neg* le^ of duty, si^ breach of orders, end l^ap fo reprefented it to his Majeily, But in thit ' iinto .-.'..i'.S^* '■, • . v. fituation, your he king's com* \ painfully, rged with neg- ;d to vindicate of the Britifli lajefty's allies, the moft bafe ret were forged nity fupported ;e, I muft firft itters from the fubjed of my igh you onl^ conclude it ii lie 27th (hould ^ry of the n>r* Jng's pleafiire ty conditkonal, upon my own iceive by wh«l; ! confidered ai rulfillcd an op- ;ady, and deli* A proper tribu- her part of my I not told who [vantage of my lone, as a neg*^ rders, and 1^ , But in th^; ( 29 ) ftotc of ignorance concerning my enemies, I muft fay, as well from duty to my Sovereign as from juftice to myfelf, that they who have abufcd the confidence of their gracious Mafter, by fuch a grofs mifreprcfcntation, merit, and I truft will meet with more of his difplcafure than they wickedly have drawn upon me. ' The punifhment implied in the order refer- red to, you will obferve, Sir, is unufual as well as cruel. Whether the minifters of the crown, can legally order a Briti(h fubjcd into captivity either at home or abroad without trial } or whether they can compel an officer by virtue of his general military obedience, to deliver himfelf to the prifon of the enemy, without any rcquifition on their part, is (to fay nothing ftronger of it) matter of feriout doubt. On pretence of military obedience, I am ordered to the only part of the world in which 1 can do no military fcrvicc. An ene- my's prifon is not the King's garrifon, nor is any thing to be done or iuffered there, any part of an officer's duty ; fo far from it that it implies a direa incapacity for any military funaion. What arc the military orders I am to give to men who have no arms to fight, and no liberty to march? Or by what rule is my not being in the hands of rebels, undcr- ftood to be a ncglea of duty to my Sovereign ? Sir. the thing is too evident j thofe who < the iaftico of the kingdom : and the King is told 1 have difobeyed hi» orders, in the very fame breath that 1 am ftated not to be accountable to him J by this dodrine it feems fuppoicd, that I am not capable of receiving orders for the purpofea of public juftice or public fervice, but am per&aiy fubjea to all fucb aa have a tendency to my own deftrudlion. .^. But it has been fuggefted when no miiitafy duty could be devifcd as a ground for thia ol- der that 1 might be returned to captivity in a ii>rt of civil capacity. To comfort my fcUow prifoners by a participation of their fufferinss, gnd to aa as a commiffary to negociate tot them. Could any fufierinas of mine alleviate the fmalleft of theirs, 1 flbould wiUkigly fub- init to any thing the maliecof the prefent mini- iicts could inflia upon me. But it is equally iniurioua to truth and to their honour and ha- manity, to fuppofe that my perfecution cooW make any part of their confolaiioo. What confolation could they derive from my jnoc- tion to the common captivity, oaly tq tdl fhem that not a name among them ii ta be found in the numerous lift of fete promotioiia I And that the negotiation! to be undertuken m tbcW fevour, are to be conduced by the mm who «rf cmal powen I in mv pai- «over be re- I court-iLar- », becaufe 1 u> the iiiftice I toM I have fame breath table to him s i, that I am the pur{N>(et ice, but am ye a tendency 1 no militaty d for this Of" japtivity in « jrt roy fellow leir fofferinss, negociate for nine alleviate willingly fob- prefent mini- t it is equally :>nour and ho- fecotion could latioQ. What om my juQC- \' oaly tsq tell them it ta be e promotiont ) ondertfikett in i by the main who ( 3' ) who ii fiotorioufly profcribed by the power in the name of which he is to negotiate ? Who aiene of all the officers who have come from America, has been denied all accefs to the Kmg i Cruelly as I and my fellow fufTercra •m tnated, 1 can fcarw bring myfelf to wifh t^atthey who provide fuch comfort for others Apald receive it in t fimilar fituation them- lislvet. I am ibrry finally to obfervc that the treat- ment I have experienced, however oontradi^o- ry in the reafons alfigncd for the fcvcral parts of it, is perfcaiy uniform in the principle. They who would not fuffer me to approach the King's prefence to vindicate myfclf before him} who have held that I cannot have a court mar« tial to vindicate myfelf to my profeffion j and who have done all they could do, to prevent me fiom vindicating mylelf to my country by a parliamentary enquiry; are now very fyflematically deftrous of burying my inno- cence and their own guilt, in the prifons of the eaemv, and of removing, in my perfbn, to -the other fide of the Atlantic Ocean, the means of renewing parliamentary proceedings Wirich they have reafon to dread. Thole extraordinary attempts to opprefs in my perfon the rig»its of all fubjeas, and to Et every idea of military obedience, eaing it, not to the fervice of the pub- It the ruin of officers, juftificd me to my own confcience, in the part I took under the condftioaal order,, referred to in your letter. I fouttd the fiwM inward juftificatioa in requir- ■ '\:J:'-;i'. ' ' ing i ; m i i^Wf'wi ( 3« ) iag in the mod public (nanner, it the clofii of the l»te feflion oCparliament, t clear, pe- remptoiy order, in cafe the roinifleri perfever- ed in their intention of refiirrendering me te the enemy. ' • I have received no order ) had an order peen fcnt to me framed in any manner that I could have a£Xed upon it conliAently with the exill- ence of charaacr ; I might have made a pro- teft againft the precedent, I might have en- quired of you. Sir, by what probable meant in the prefent poflure of affair« it wai to b« executed. But in deference to the Kin^a name, as a military fcrvant, I meant lubmif- fion. Your letter. Sir, inftead of an order for my future condud is an unjuft reproach of my pafti for which I humbly impbre ok" hit Majeily and firmly demand of his councils, trial by a court-martial. Should that be refii- £ed or procraftinated upon the principle for- merly adopted, " that in my prefent filiation ** no judicature can have cognizance of my ♦* aaions j" I can then confider the purpor^of your letter. Sir, in no other light than that of a difmiflion, a difmiflion at conclufive at any you could have worded in form, and petr haps more poignant. To eat the bread of tjie Crown however faithfully eafned, under Ji fentence, without appeal, in the name of ihf King, of neglea ot duty and diiobedienee of orders, is incompatible with my conception m honour; an interdiaion frotai my 6o«ntf y » « haniihment to the only part of thiB world in which I am difiAled from fcrving that countty •t at il other herd btrfaa Ther ooc I gr«c« capac n)P n Amef mf tt remie P0llr^ bm 1 1 Aaat, jcajn( wttb I to |i^ not'll gf*c*, thep je%. ■t the ctofb t clear, pe- ken peifcver- kring me Ui in order been that I could nth the exiil- made a pro- ht have en- >bable meant it wat tob« I the Kin^ft neant (tibmif- of an order ft reproach of mpbre oi his his coonctla, that be refii- principle {oi* cfent filoation lizance of ray the purport^ ght than that conciufive ai form, and petr e bread of t]he nedi under. ft i name <^ thf Uibbedience olT ^ conception !9f mj do»ntrf » r thiB ¥«>rld w ig that countif at ( 33 ) »t ibe moment of her fiae t and when every other arm, even to the weakeft ii prei^d to her deiiiace ^ theie ctrcuoiflancei give a critical bnrbariiy to the intentions of the King's ad- viftfi, that an Bng^iOl ibldier cannot fupport. Thu9Sat€, Sir, I find royfclf compelled, if not ^allowed an early trial, or by the King's gmoa np[^ this reprcientation, reOored to 4 cafiadtv of fervice, through your official cnnifliel to reqoeft his Majefty, to accept of mjp r^^natien of my appointment upon the American fluff} of the Qpeen's regiment of lig^ drajpoons ; and of the govern itient of Fott Wilfiam % hombiy defiring only to referve my rank as lieutenant-general in the army, ta render fie the more clearly amenable to n, Qeiirt-aiR«iMl heieafter, and to enable me t& folil ^y penlkuil liiith, ihoold f be required bf tt»- 'immj^ todo^ i have the honour to be, &c I^ ifmtrr^lt Charles Jenki^fon, IJ^ "^ at W^r. fWadJ SI «, War-qglce, Oaoher 6, 1779. I ji4VB received y0iir letter of the 9th in- A#a|» wherein, filler flkting your reaibns.lbr ob. jea^to tbe feveral ileps that have been taken wiln ration to the orders given for your retvm to |i«th Jkmell^ yon a«lf4«b„4^ trial, or if by hb Mtj^li. gri^, If^ me rificlbilations contab^ in thep^ J^er, yon are not reiUwcd to a <»- p«% m ftrvice. it it yoitr requeft to his hU^ )(%, that he ivili be fkaM to accent jm ' B rcugnatMni V / \-'' V: !M i,^.jmamm i^n^^ ^^-' ■'.I. (34, > refignation of your appointment to the Amc*. rican ftaff, of the Qjieen'i regiment of Liaht Draecon*, and of the government of Fort! William I humbly defiring only to referfei your rank of Lieutenant General in the army,; to render you more clearly amenable to courti martial hereafter* and to enable you to fulfill your pcrfonal faith, ihould you be requited bf, the enemy fo to do." ' ' v'i.*<|i^ Having laid your letter before the King^* I am commanded to acquaint you, that.fffii the rcafonf fubmitted to hii MajeAy by thA Board of General Officcri^ in their report*! dated 23d May, 1778, (mticlii leafona fiibfifll in the lame force now at th^ did at tltftt time) bis MajeAy does not think iprofwr Ihiti any part of your condndl (hould he bfon^ hcforts a military tribunal, ftr Jong, •§• ipm fhall continue en^ged to, r»4di vcr,; jFOUifelfi into the power of Congrefa upon ^^f the Qpiett'i regmdBl ( 35 ) regiment of Lieht Dragooni, of the govern- ment of Fort William, anit, allowing you only to refer vc the rank of Lieutenant General in the army, for the purpofei you have ftatcd. Lord Barrington't letter of the ayth of June is confidered as expUnatory of the orders given in hia letter of the 5th of that month. I hate the honour to be, 6cc. ^ ' *' (Signed) C. Jinkinso)!. Ueut. Gen. Burgoyne. - fNo. 7.] S 1 R, Hertford-Street, Oaober 17, 1779. I RBcaivED youi; letter of the ictli in- fant, informing me, that his Majefty had been pleafed to accept my refignation of my military employments, and that I am refufed a court-martial upon ' at difobedience, for my perAsveience in which, you tell me, my refigna- tion is accepted. I muft perfift in denying,' that I have re- ceived any other order, than an order fubjea to my own difcretion. •I rooft perfift in my claim to a court-martial. I appr^iend, that if I am not fubjed to « trial for breach of orders, it implies that I am not fubjea to the orders themfelves. I do not admit that I cannot legally have a court-martial, circumftanced as I am : but thofe who advife his Majefty, allert it, and they are anfwerable foi this contradiaion be- tween their reafoning and their condu^. The report of the general <»9icers, I hum* biy conceive, is erroneous. And the fubfe- quent u i ! h l^ / 'S,'» fl- ( 36 ^ quent tppolntroent of other gentlemen, ev» mtWy in my circumftancci (with great merit on their part to entitle them to tny diftinc- tion) to military empKiymentii, fubjed to or- derly and accountable fur the breach of them, ii one lof the reafoni for my conceiving, that the King'f adviferido not dimr from me m i^i- nion, that the general officers were niif)akon. Thinking it probable, Sir, that thia letter may clofe the correfpondence between ua, I conclude with the fentimenta I have never de- viated from in any part of it) and 1 requeft you to afTure his Majefly, with all humility on my part, that though I have retfon to complain heavily of his Majefty's MiniRers, my mind is deeply impreffed, as it ever hrj been, with a fenie of duty, f^efped, and afiec- tion to his royaf perfon. I have the honoui^ to be, 5cc. The Right Hon. Charles Jenkirifon, ^ Secretary at War. ' [No. 8.] SIR, War-Office, Oaober aa, 1779. I HAVE the honour to acknowledge the «e- ceipt of your letter dated the 17th iaflafit, and to acquaint you, that J took the firft op* portunit^ of laying it before the King. I have the honour to be, SIR, Your mod obedknt ,^ft .. ii. -. humble fisnrant, C. JtllKIII10lf» Lieut, Gen* Bwg^jfnc^ Sec, See. cntlemen, cx» hi great merit any difHnc- fubjed to Of" reach of them, nceivin^, that xim me m <^i- c miflaken. ut thta letter etween ua, I ive never de- and 1 requeft h all bumiiity ivc reafon to \y'» MiniReri, as it ever hrj ed, and afieo- ^ to be, See, obtr 32, 1779. irledge the ve- 17th iaftaot, Ic the firil op* iing. tent rvant* C, Jtimifaoif» LETTER V • LIEUT. GEN. BURGOYNE OR ait LETTER to hii CONSTITUENTS. I I* I 11' r ■ ? ii iv ■t M L £ R T O tlEUT. GEN. BURGOYNE, &c. AT the approach of a general cicaion. It 18 not an uncommon, though perhaps » very improper meafure* for members of parliament to addrcfs their conftituents, in fuch terms, as they apprehend may concili- ate their regards, and fecure their intercfls tor rc-cledtion j nor on fuch occafions, is a Icrnpulous adherence to. truth, juftice, or candour ftridly attended to j fads arc mif- rcprefented in all the variety of colouring, . and arguments direded to mens paflions are generally, for fuch purpofes, more con- clufive, than thofe which have their founda* tions m found, and calm reafon. Had your letter to the eledors of Prefton - been precifcly of this fort, your endeavours! to fwure your future feat in parliament, fhould have met with no interruption from me J you might, in pcrfc^ , fecurity, have entertained your conftituents with details of your wifdom, and prowefsj nor, would your i'b i 1 m r' I : ( 40 )' your abilitici in the cjiblnct or the field. 5.VC been once called in 9"«««"; ,**"^ 'l the letlcr now before me. focmi much more SlcuUted to obtrude yourfelf on the public. 2 .n innocent, injured man J^.^^"^^*?/. confcqucnce. and to raife a cabal in your fa vour. than to eftablilh an 'ntcreft m your boroigh i and as it has apparently a malig- niX tlimgh mott impotent, tendenqr, to weaken th? hand, of government at th« important crifis, ^V ?^^T\1^. ^d hh^ the people, both againft his Ma;efty and his miniSers. "Citing them to d'^<«ntent and SSk them with doubts, apprehenfioos, a Jwant of confidence in all thofe who hav« the management of public ai&ir. , 1 (baH bee l«iavc, tb oflfet to the worid, ^ome tc^ mfrks on your publication , in the oourfc of wWch, I tU ? fhall be able effcOualty^o n^move thefe evil ^^^'^Z'lf^Jf^Z^ many, ir ttot the greaterwrt of your affer tbtts. and to obviate thofe heavy chafes, with which ymi Have fo ye«v unfpanngly loaded every faertiber of a*niniftration. Howe^et^ it may concern the ^Iff" ?f Prtfton. the public at large will feel them Sves but lift!*? intercfted in the inahner whereiti fou fif^ gi't «nto parliament, Q your condua there j the opinions and aOt U of dne private man out of ^» <»f ^ of So ve^ material confequettce. ^ K »^n^ fit a fenatir, but as an ofiiccr, that ymi ^havc been cenfured, and if you can acqu't your- felf of blame, as the commander of an ar- my, fued thiol your of C felf, 0( low*< fepar fmfy^ lt< J^ comfl b^d towi Solfif iktdl ihtm ir {n havJfi head dked ju^i recur maa Of *; doahi aflfeei pei^ ^Vif >r the field, ion: but at \ much more i the public, t merit, ind il in your fa- reft in your itly • malig- tendency, to acnt at thia the minds of liefly and his {content, and apprehenfions, lofe who have Virs; 1 ihaH rid, fome tc" the courfe of 5 efFcaually to . to difprove of your aflcr* iieavy charges, iry unfparingly iiftratton. :hc electors of will feel them* IT the maimer parliament, or lions and adt* f 5^t can b^ ICC. H i» not , that you have an acquit yoor- ndcr of an ar^ my ( 41 ) ff* T[Jj***^«' parliiineiitiry Une you por- lued before the Sarato^ convention, or ma« inink fit to purfuc, after ypu are free from y^r^engif^tnenu to the rcbelHoos ful^e^a of Oreit Britain, will import more to youf- leif, than to the commonweahh. Of ftUJ left confideratioo it is to yoor fel- Ipw*dt»s5ens, whether yon h^d. or had not, feparaited fwm the Firll Lord of the Trca- riir3^---Whether yon fblicited employment iti Anlenca, or received orders to take a command there, or, whether yon had« or hM not, family realbns, which indnccd yoo WwWh ^eh a Voyage could be avoided. Spfiident It i« for tneto to know, and the fttJil ' cdqfeqtteiicei wiU not eafity fofter {"«?>** W'get, that yoo did undertake It m flie befinniu; of the year 1777, aod ^^i^/iP^ « <»chee, pot yoorfcif at the head df niat part of the army, which was or- dered to j>roceed towards Albaniy. and d&d a jn^km with Sir William Howe. And here, however painftil the taik, to recur td tfanfaaions vi^ich every EogUfli- man wm wifii to oblitentte from bis meaw- Vf'l^, tntift permit me, jiot as a •* anfilkf^ or * fiecu/dti^," but as a plain maa of can- ddjr, td treat rf your mmrj eoaduO, as Y%H ™ fhefrhieifk oa which job adod tT^ S.*^''''*^***^ ca«nr»%n, aod tW wneit 'eitii& the roeaiwes 01 miajAeis ap- pgr t6 hi HI pUiinc4 or tfa* operatiaoa W oncers lU ooiidiidied, hnmaa error, and im- pei^QiOii, will in many cafea account Ibr the F j^:. ,.-»j^ # 'if ( 42 ) one, and unavoidable misfortune i» fre- quently miftaken for the other j yet to in- *" veltiga'tc truth in all public matters is a pri- vilege claimed by every individual of the ft ate, and to impute blame, and render ip- plau^% are rights which will not Ci0^ pt furrendered. , i i Very foon after, if not before, your de- parture iFor America, the certJiinty of , yosr luccefs was confidently bruited by a pirtl- cnUr party i the return of the troops in the laft campaign, was induftrioufly imputed as a fault to the able officer who compiafidecl them, and the facility of carrying t|ie pi;^ fcnt plan into execution, w|lh fuch an vroj as was to be under your dir^^ion, was ;ti^- cd of in terms, which did not iinply a pofli- bility of failure, and at the comi^epcemeQt of ycur operations you iflued general ^qrdcri, purporting, that the army was expe04$4 .^ encounter every difficutty, and^ danger,! witfi patience, and determined fortitiid|<^«;* w concluding with this remarkable ftn»i«|E6o, ** THB8B TH001PS MOST NOT BB IBAIIP. , >. . From Qpebcc to Ticonderoga, except ,i fkirmifli at Trois Rivieres, (where ini^eajd oir being intercepted, or cut 'oflT, a detacboK^t of the Rebels was beat back upon ifeir mr* northern army) 6olhing maferial happ|i|| This fortrefs too,' , the "Americaps -^v'aipjffi^t^^^^ wifely drawing their garrifon ^Mdy fdrj^^ pofei which were afterwards ' fully an(vv^|tji A body of men being left at. Tkon^p^ tbc Britifb army proceedf4^ vvj|| &(# ji _ ItricE^, flridei hind unfor Septei accoui to Cci was I rear, (Ireng them day, are r( tained On th Harry atiott be muj andtk tioh bi diately the, ai a pre the p officer. A r en, at aanall; tation ftatibli ClintiSr Gates waj. tc " W;6o/ >rtuiie i» fire- :r i yet to in- attcrs is a prU ividual of the ind reuder tp- not eaijly J^ cforc, your de« tainty of, yosr cd by a partl- Q troops in the ay imputed as ho commaiided rrying ihs pf,^ 1 fucn an arQ>J fiion, was {ta^i- ; itnply a f^' comnpicpctpaieiit general ^qrderi, d' danapr,! witfi fortiMf^* im able mre^oOt B iBAT. ^•:'-. ,. roga, except i (where inHqiA r, a detachment ipon i^ir roj ' terial happ|i caps ^vac^^ti a/Mc, for !p»|- fully SLuCwp^i. at TkoQfleriM^ ;^ * ftrici^ r t ( 43 ) flrides, as to forget, the enemy they left be- hind them- to Hudfon's River, which they unfortunately paiTed on the 13th and 14th of September, no c«re appearing, from any accounts hitherto publifhed, to have been taken to fecure their retreat, by enquiring what, was become of the Rebel troops in their rear, or their progrcfs, by difcovcring the ftrength, and lituation of the enemy before them*. On the 19th, and the fuccccd?iig day, fkirmilhes, attacks, repulfes, and battles arc reprefented, but unhappily vidlories ob-* taincd produced no other fruits than honour. \ On the 2 1 ft, a letter was received from Sir,. Harry Clinton, with an accgjiht of his fitu-'. atioti : And the bearer of this letter, though be muft be ttrfe^ly acquainted inHh the country ^: and the dtftance^ route^ and poffible communica- tion bttween the two Britijb armies^ was imme- diately Sent back to Sir Henry Clinton } though thq arrival of this melTenger feemed almoft a providential interpolition, to point out' the poflibility of your joining that gallant officer. A re(blution was now unaccountably tak-* en, at a time when a fcarcity of providons B6[0allj^ prevailed, without even the expec- tati<^n dr i fupply, to remain in the fame ftatiito three Wfeek$, in hopes Sir Henry Clmtin might be able \ to induce tfit Rebbt Gates to divide his ai-my V and that tir^e wai to^ be (pent in " watching airt euerny^: " vfhofi number^ inereafid eikrjr day.** On * Suf Gei^. Bargojm'a Lifter, puUtflji^d in tfae Gazette. •••■*^*^''' ; ' ,. , the I 111 i(: u ;■#«• ( 44 ) the 7th of Qdl r \>wcvcr, the tripy ww n^ia pwt in m »nd nii^ainc4 » frcOi Ipfs, an4 on the dth, afttr fpventcen days confidferatjon, the nccciTuy.pf a fctrcat wai difcovered, but it was now too late ) ia the attack of the preceding day, *' the entrench^ ** menis of the Gerqwin Rcferve, cQtntMndfd •• bjf UeuteriAnt Co/onr/ Breymcn, were c^rri^d^ " 4n<^ though ordered to be recovered^ tbey •* never werefo" who iiTucd thofe orden, or why they were difo|)cyed, remain* unexplain- ed, but the cpnfeqoence of this difpbedience \% too obvioqs, " the enemy by thqt misfortune gaittw **.ed an opening on our right and left j" in ptaio En$lJft» they furrounded the Britifh army. Thus * was the expedition hazarded^ though ,it 19. not evident to me, that it was at firA meant to be fo\ it was foon after devoted, tlie neceiiity of which is not, in. my opiai<(Q, f^ppori^d by any evid noe at all. • ' On the 13th of O^ober, after ho\dm$ » CDupcil of war, a treaty com!ii«n|Bnal credit sad ibleft artificers the fahricic to \ tp pafs 9v^ irreooteof cot len I recoiled ^ , br^ve, meiit na td ft i9i;ce» Durobert. thw- » 91 » hnm banditti. • ( 45 ) banditti, a Rebel crew, who need onlv be oppofed to be effeaually conquered* Nor can I forget the numberlefs pafla^es in hiAory, UQin the field? of Agincourt, to the he.ghfs of Abraham, where numbers have been in- effsj^oal to combat the united forces of courage, and condua. or forbear to com- pare the glorious fucccfs of the one army cjrcuraftanccd exaQly like the devoted Band at Saratoga, or the brilliant viaory obtained by the other, upder greater di fad vantages, with the melancholy pageant of thcfe un- fortunate warriors, marching before the conquering Rebels, to fur render up what they held much dearer than their lives. But let U3 turn our eyes from this fcene of horrqr, to confidcr the nature of thia notable (l had almoft faid notorious) capi- tulation, to fupport the credit of which niuch paina is taken in your letter, which firft communicated the fatal intelligence^ aiid much induftry, and ingenuity has been exerted by thofe, 'whofe intereft it is to put a falfe gloff, and fair colouring, on an event fo unpropitlous. In the firft place, I never yet heard, or read of a formal treaty between the General of any Prince or People, and the Commander c^ any army compofcd' of fubjea* in aaual rebellion^ much lefs did t cveir hear, or read, of any loyal General al- fowji« the authority, or rank, of any fuch Kcbql hcwri but though the Congrcfs in America had by law been declared a rebel- lious, and unlawful aflcmbly^ and allthofc iiirn^: - who 1 r, f i I I ( 4^ )' «rho took arms under the authority of that meeting Rcbcli to the Crown of Great Britain, yet have we fcen a royal general treating with the chief of tbofe, who arc under this defcription, and allowing him a rank, and chira^cr. which he could only derive from this very unlawful and rebcllioui aflembly. In the commencement of this extraordi- nary treaty, you propofcd your own terms, wlikh were for yourfcif, your officers and foldicrs to lay down their arms, and be fuf- fcrcd to return to Great Britain, on condi- tion of not Serving again hi America during the prefent conteft. Whether you were afinatcd by any particular diflike to the frrvicc you was employed in, or whether you appre- ' hended the fituation of affairs on that con- tinent, to be then too defperate to leave even a hope of fuccefs to the Royal Arms, I cannot take upon me to determine j but I may venture to offer my opinion, and I doubt not but it will be adopted by the unpreju- diced, that whilft the moft diftant profpeS remained of the redudlion of America, \t would have been more prudent, more ho- nourable, and much more advantageous to this country, that your army (hould have been held in captivity, from which ftatc . they might have been redeemed by thd chance ; of w;ir, than that they flioulcl tamely ^lavc/ furrendered their arms, and purchafcd their immediate return by the ignominio'ui <»n- dition of being no longer ferviccablc to their ^ • , King, •■lE^WCTJ"!!*-"- ty of that of Great al general who are ing him a :ould only i rebellioui extraordi' own termsi fHcers and nd be fuf- on condi- r during the re abated fcrvicc you ^ou appre-' that con- leave even I Arms, I ne ; bat I lad I doubt t le anpreju- nt profpeQ America, \t more ho- itageoos to hould have vhich flate . ths chance! ;amely Jiavc^ hafcd their inio^i ^^O" ble to their ^ ^ Kin^, A 41 ) Kint, and Country, even (iippofing you had ccrifideace cnoueh in your new friends to expea a faithful perfbrmanco of the treaty on their part, vthich, however, common reafon would then have fuggeflcd, at fad txperi. ice hai fincc fully convinced you, wai by no means to be relied on. Your whole army being thus miferaWy oifpofed of, in captivity to the worft af enemies, thofe who being difloyal to their King, and ungrateful to their Country, could hardly be expeacd to treat with com- mon humanity, the troops who had fought under the banners of ih^t King, and in fup- port of that country j yqu folicit from this unlawful afletnbly of Rebel, Chiefs, per- roiflion to return to Great Britain, leaving your unfortunate companions to (hjft for themfelves, without the countenance, or pro- teaion of him, who having ma^e the treaty, qould only remorOlrate agaM any infiing«5- ment of it, and you arrived in England and vifited the Secretary of ftate in full ex- Dcdation of fuch a reception as youi ^nityi (pardoo. the expreflion, 1 ftjall have occafion tpufe it again) prompted you to believe waa due to the prmiple and zeaj, which you cbofc to apprehend had aduatcd your en- dei|vours. j Trpm the epocha oi" thi.<^ vifit your com- pUintff commcticc, all virhich I ftiall arrange Uildcr dmioa heads, that the refutatiwi of them, or my remarks upon them, may be more perfpicuogs j^ and thougli 1 may not J' ' follow ■» mifmmm > liifiiHliitliiiM— >i» ( 48 ^) iblbff them Sii extflly the fime ofder, wherein you h»ve placed them, yet I writ nfo my endeavoun, thirt none of them (hill remain iiftftniWe»ee a fatient hfarint to yttir re- ♦* fort of all the tranjaeiions fubfdquent to the ♦* convention d/ Saratoga, and tkiit you was •* U4 by degrees, ^nd without fufpicion of in- ♦• Jidioufnefti to the m^ft confidential comtnuhl- ** cation on your part, of fa&s, objervatiom, •• and opinions, r^ffe^^g vefy important oh- To liften attentively to wtiatevcr Toti fitd to fty, wai a rclbea doe to your rank and fl- tu«ion I had the Sccrcnry of State iwtcr- nipted you, or refofcd to hear you, you would have cVfcrv reafon to charge him wMi witit of politeneft, and he muft have poffef- fcd very little prndenoe, and paid very little regaM to the difties of his onioc, if "he had not endeavoured to gain from you, every com- ^ municmion of fa&s, 0hfi¥vafiom, and opinions, vMck refpeaed fucb Very important eh/e^i. That he fbould defire to learn all you krieW, does him iionoor ; 1 cannot fay as ihuch df your even hinting a wiflj, that yon, a fcrvafnt of the public, had concealed matters, which you avow were material to the interefts df your cotintry. If among your ebnymottica- tiont, you opened any circomftanccs fef- peahig America, different from the ideas ihifn prevalent in the governtng councils of this king- dom, the Secretary of State, no doubt, availed , himfelf order, ihcm (h«Il yet be Secrriary fo year re- ^ueM f6 ihe Hit you was >kion of in- Ml commuhi- objfrvathm^ xportant oh- rtt Toll fiftd mnk tnd ii- State ifrte*- r yoa, you M him witili httv« poffef- d vetj little :, if tie hiKl , every rtirt- flwrf opinions^ I you knleiir« ss ihiich 4( Ml, a fcrVttit ittcts, which interefts df eomffflin^ca- iftances fef- be ideas tbfn of this king- oiibt, availed liimfelf tt^imaSSmitiit, -id «^W VPBKK (.49 ) hiinielf of fueh part of vour intelliKnce, ithecon- Coiiwd might be niem j nor could he be abfurd cooiigh, to hope to fupprefs your information, or prevent iu reaching the eara of the K.ing» by denying you acceft to him j the party to which ymi have attached yourfeif, uke cficdual care, that no conceahnent, however ncceflaiy, (hall Uke place in matters of ftate : the public newf- papert they well know, are univcr&lly read, aa well bv hit Majefty, as his mcancft fubjca. And tki« denyiiw you acceii to the King, con- Oktttet yoar feoDnd grievanee, «• etiokitte invent- id% «s you aflSat, for the folc purpolc of diftreiT- ing and difgracing you i " Tbe fiunttainm of *• ifkkk mreajm wr prnedentyou me not aequmnt- *'e4wiihr ' In poi«t of preeeJent, I conceive it may be tra^ ffom the original inftitution of court-- martial, and courts of enquiry, and the reajons on which it is founded,- will appear from a iingle moment's c^nfideration: A trial or enqairyv im- [^iet a fufpicion of delinquency, and u^til thofe ftt^iont «n» removed by acquittal, no man in hiafeofei witt«fgue, that the tubjea of them is in a proper Situation to cbim accefs to the King, whole recei vtog him at court, would at once con- vcy A prejudgiM; opinioaof exculpation fmm all cl^fges. Nd indireifl means theretore^ were uied ' to eiclude you ftora the Kia^'s prtr-nce, jovl hsci>y yeor ownft^l, placed yourlelF in a iiUte, whkh ereated a difficulty tbatfiiU fubfiOs, and now produce that dl^ulty. Us a trick of the Se- cnj^^ of State, to prevent .*• the ehui/m ttp i U Jme fiffift luhfcb wn mijhei mi to hi ck^tMi i^'* tMnd u'ha/ tbn an, hi oniy fan inform thi «•»/*. Thit 1 coofrii, i« a ftilc i»f accufttion abovn the reach ul my oomptviienrion, nor can I by any means undcriJamU how the Secretary of 5utc •M^, Mn be pol&ircxi of fa^t which jfm couM . luive cleared up. ,The chicane which you fuppofc fhc Secretaiy of SUte intended to pradiifc ajijainft yon, witn rrfpea to the legHliiyor illegality of a board of enquiry, comW only be found in your own bo- fpm I the board of enquiry being Iwdered by the Ring's minillcra, the Wgftlity of ii couid be quct tioned by you alone. " Tb« next ii^ury of which yoo comphinH ii» •• That atttmpts wire not unthought ^ /» iiefffue *^ym cf ymr votttim parUtment % ami that jn i^eat « iltm officer in thi form of iegai doubts^ m^dt^ .« i&hg andmitkodital orptmniMi^aiiili ymr cemp*^ *f Itna tooHfciviidutyanfuriihok. ' Not being • lawy«*rr, I confcff myicif incompe- UXL% %o indge of thii at a conflitutional queftioit, but the hitto;rief of Oreeoe and Rome will for- nift fou with ioiiancet of the oondod of com- maoders m iitaationa analagou^, though not pet- ledly fimilar to yourt, bccaufe they wcfc wilder engagctnentft to naturai enemies, noe rebellion fobjeds of their r^fpedive ftatcs \ from whence you may form ?Ji opinion which \iU generally prevailed in the world, that however tHe oiixtm llnoda^ aright* decency (houJd have forbid yc«i e^crcifmg it, whilft you had tied up your hendi frotp fesving your country in yonr Own profeiTios, / and farm tin mm id. ktion above the oil! I by any ttary of 5utc rhich ym couM c the Secretary Liiift yoti, witn \f df %. board of I your own bo- Ofdercd by the t could be ^ue^ i complttfiii !•, ht c/ 1^ 4lefft\i and thaf jfi great \ dtubts^ miMpVi mriftyour comp^ ^.. - ■ .' ' m^fincompe- itional queftioQ, Aome wUlfttF. dudud of com- tb«agh not pe»- ,h«y were 'under ^ iioe rebeilkMii H from wbwM th bat eeoeralbr rever im taittm have forbid yc«t up your handi t ctwn profeiTioo, and ( 5*. ) and remained here a priHtner ar hirgf, it the com- nwod, and under ihc compirol ol Reheli, wilh whom you had left 3500 hoUagcs for your obedi- once to thflir ordert--— Still Icfs decent ha4 been your diUrmiited oppofition to the King's rainiiicri^ whofc leverity, ingratitude, or injultice towardi you, if at prefent apparent only in your alTerti- una, and your ali«rtioni arc the only proofa Uu- fore the public, that this ieUrmimd oppofitim^ liai not arole much more from pique, than princi- ple, Your next complaint, i», ♦* TUl you had rtetn>^ ** tdfri,m thi Secretary 0/ fVar^ a cMditimat or^ ** dor for year return to America^ and That the mi^ '* m/ry had keff a frofouudftUmt both toyourjelf ** and the puhik, refieStit^ tht ratifration of the ** tonvintkn y^ Uom whence you xtitt a dcfign» " either to lay to your chmge fame hreath ^ faith '* mith the enemy^ or to renounce the ttea^jrom the ^» beginnings and by your furrender to tranter tht " ai^s from the nation to your perjon" " Thefr he* " irtg the only two cafes^ whicb^ you hf/ieve earn he *• pt^^tkked from thi biAory are unwort' 'y nbticfe. The order from the Secretary of War you call a conditional one, and claim from the impartial and the candid, ♦♦ aconfidiratiim of it in itsp^tn- 'w cikat partf. Yet in the fame paragraph, you anticipate the judgment you dcman(i, ' by dc- fcribing it, as fuppofing "' a now/Jpecies of eru- ♦• ^itf wifkm the power of the cr&mn^ exercifed by ♦* mfnwho were parties, and againfi the man^ they " wrt called upon by their Jititiatt^ (^Aeir A*j ♦•' rmr to confront:' ■ - -''^^^^ v.^a'_»M. '■ ->£>•■ ^ If I undcribnd your meaning bv this defcrip- tion, it is, that the power of giving order$ to ipilitary officers, was j oft now affuincd by thi Cfowiii for the ']|)aitietilar puiipofe of «twlljr comi^ling you to retufn to Anfteeici^ %o altc^ ' tte by your prcfence, that captivity, iwhiqh hi4 been incurred by your treaty, #hcii you c^luyfelft temain comfortably In Ehglancif and f«q«lria| your return witkoot giving you 46 oppoftfii^y of being tried, whilft infinitely the granef |^ of thofe; whofe tcittmony mug be nfifccflkify «H fttchan occaii'on, were ta& botiii4 ift Awdli^ r -^iff v. rcH became the itmoit caution, sration, as the treaty, would I fomfc dcfcrtp- : independently fiibje^tioni anct put in^tremo > were thus un- .-^Your apprc- try againft yonc notice. of War you call En the impartial (f Uinitsprm-. paragraph* you leman<), ' by dc- ieljpeciesof eru- e/wrty exercifedfy nfith man^ they hrt. 4ikdthei'r ko' v*-'A g; by this dcfcrip- jiving orders to aifuined by th^ ipofe of «tucllj ftcHci, io alle^ tvityV ^hri<tin4 i(k AWdlbi^ C 53 ) and not being favoured by the Congmfs, had na immediate chance of being here to tell fbeir tale. You ne»t complain of attempts made by minif. try, ** to defeat an tnquiiy va^icb waf inflituttd m ** the laft fiffion of pariiament^ and which en- '" «7 they at ia/, contrived to leave impetfeif:* '■> .That fljch an enquiry muft remain iipperfed, cannot be doubted, for the Kafons mentioned above } the fame reafons will account for a de-^ fire (if any fuch appeared) in minifiry to poft- ponc that proceeding. It being indifpenfibly right, that information of every kind fho'ild be compleat j that not being the cafe, we may eafi- ly look through the jnftification in waich>0K find . % much fattsfodion;^ > *Why you IhouW dt any time after you had dc- tenxiifiedl* not to r^ your health in an American ** winter^** think the reiigning your commiiliont unneceiTary j it is i|s impoifible to conceive, as, it is to'underihind, what ** the fubn"'*ting your pub- ^ lie accounts /« the rigorous fctutiny of office \* where all public accounts are, or ought to be, icrutiniced, had to do with your being or- dered to return to America. It is fomcwhat ex- traordinary^ that ]^ou fhould take occafion publicly to'deelare^ thatJhouUiit be tht^ght expedient to jfendym back^ and a pofitwe order Jhould be fent ymfar tbat^purpofe, ym ftmldas far as in you lay:, W^ M ThoagSi you had at that moment an order In your pfocfeet, which « generous mind m>uld 'have ^Mad moft oUfgato^, but which yoo had lohgbe£»rerefolved totally to di^gar(|. ¥^n yoiEitornt your being ordered toretvraio America, being I''. { J* ) being delhenJ up to the enemy, fovt fofgetthat "you had yoUfrfelf entered into voluntaiy eng^ge-- ments with this enemy j if they have acquitted you <^ tbefe eagftgementSf no ill confeqiience can attend your going back } if they are fiili binding, your own honour, if not that of the nation* is concerned in your fulfilling them. Tie fittceriij 9f your intentions to obey an order even of your own dilating, will be doubted by alt thofe (and they you may be alTured are not a few) who confider the order you had already re- vived, as neither derogating from your borufur^ •» it then (lood, or in any dcgr« e tending to your rttin; your embarkation in the year 1776^ was to command an army \ yooif reqUiM retorn in 1778, was to join one which you had committed tocaptivity i the. oecaiions fo very differeiit, wc cannot conceive tluit your feelings werd alike on both : Why you (hould affe^ confequence enough to fuppofe a fingle man could be involv^ in the difpleafure which you had incurred* or ihduld he excluded from any military preffe'ment to whitth^ be was entitk^ii becdufe he boiie ^ndmft andfritn/IJhip toyou^ iS belt known to yourfetfj no ioftimce being produced, this part ofiyour ^rfifmionr wiilte cofnfidcred as merely, idi^l. . On the apprthenjims $f an imiafioni you fay, Qwernmeni inere not flnntngerf to ywpinuntims io\fiaht jour oum regime ftt 4s Cy(^/\, ifiitfienHd he h defiined AS^ to meet the ertemy^ ot tojermasa voiuiUeeriii the rt^s of any otb&r eorpfithat might hppffi to he MmphjtedinJbMtftfvice\ hiH .'this fmrntntl .. ikii tefvfo of goak^ 4tnd U>§ . gtUom forget that lyeng^ige- : acquitted :}\ienfce can ill binding, nation* is ly an order loubted by i arc not a already to* yat botufur^ ing to ybur 1776^ was I retmrn in committed Serenit, we to aHke on ct encfttgh 4v^ in the , or ihould ferment to »iie inndneft yourfctti ift of lyottf #, \Mi, »,. you fay, r? inttnthm if itJhmHd \thai mtglu hiti :' M tb§,ggUowr are i 55 ) ari.pr»fiirrtd U ym, and «/ tht eriflt, nohenit •oiiis openly announce J, that neitbir a /hip, ir a fol^ dm coutd he /pared from our in4ernal defence a finteme of banijbmnt war Jem you, a fubmigkn to tgitomwy required ^f you, and ydur fmrdmis virtually broke over your head. t; ji r f ; r When you entertarncd thoffr intentions of fightirtg for your Country, and complain pf cruel deligns to triumph over ajoldier'^ bmur and/^ri- Jibility X 70U do not feom 10 rccoitea thedetiefta- bl^ tfteat^ by whkh^ to u 1 m V ^ Vour d«£Um^tory ^bfeft agaitiA' the p«3<^jed- ingi oP th« Kihg's Minifters, and your politic*! Croedt*re roperfo«% conformable to the doarinss brotfehad b^ev^ry tai^mt of opix)fiti6»,.fiom his Grace «f **-*-— d to T ^y T-; ■.-,., ,< and fAiWiflied daily from Mr. Almon's LoyakManufao- toryv that it would -be^ eqiialiy unprofitable, and unpleafant, ; tobeftow a fi^gie remark on them, lMt wittjft o»r fleets and armies ar« well appoint- cd^'ahd 041J? finances conduced with frugaUty and integrity, will the puWie defiife to fee the prefeikffciimftrjr m>(nov%^, for^ »he purpoft of mafciag tib no^te Dufctt Secretary' of State, or fright' koQoiirable Commoner Chancellor df the B^ehoiMer, hoWe*pr ardently fuch a qhftnf'e m»y«te^M«ited by> tbofe who wuNfxo part^ct pat« i^ tH^Advintiages of offide» or by tb,e Wife ' Citizens ' '\:ltllltl^iai.'^ jf ■/ : .-"* ( 5* ) # Cttijiens 6( LoAdan, who, iofai not to Icnow vhat thicy wtf^/.. ' i.; , *• That your aclions have bien (be mere rejdt ef your emn fittfimetHs.^'* your country has now to Ument, a^ it hu% that the ittifuJ/e of honour^ on which your reHgnation wss made, bad not 0rHck ywr hrtitfi, before the, convention of Saratoga. Th»t you ihcnild return ^^firom the HUnUaccom" *• mdtUkm of life td'^ubich^" (by the munificeoGe of your gtfutioOB Sovereigii^ ,and the public) >*j«^ ** Bfvi ht€ttJ(^4o the aampetemce of s pHmte gen- tUmaftt*' is nouQcomoios cafe. Miifbrtiiiie, ttdioughti&iflfeituoe* h^ frequently rodttoed the moft worthy, ffom affluence to ppveri^ j^tTeMl The ah^ttno^t of, your income has heoa ihedf- .^sa oC.yAiir (|wa qhoiee, or^mi^admCI^ ; Your correfpcokdeiieo with his Mflje%'« fi«- tietary of M^, or r^thfv yowrktteit tothrai, for tl^irs. t9 you are offlcial, •odcoataia little t-mocc thpft ordfirs, in the ufmitd ^iiq, cobms flat tindejr,confidi;rationr{ hut i^ they ooat«bp(Mioi- fpaliy a iPckeiatioiLof the gcievaoces ^omplainod of iayoQt letter to vo«r cqfiftituents, juid a l»c»- .{Mtulalionof yftur fervice^ifeiideavoiirs, ^cpe^a- tiont, and diiappoiatments, IJhall coo&ie my remarks to fuch parts, aaieem to ofiertnyithii^; ^like new hikt 01 argument, Jo fupppit.oC.yoar catalogue of ^ciKiiplaifiM. In your letifer df the dad of June, 1778, you 'obferve, **tbgi the armyym commmMi ertiukut •* hi^fomr fdwmr^ dnd attathei Umm k» tmmmi "^wUfortuntu vto^l, ronrs, cacpe^ d\ eonfiiie my oiertny^^ii^ ipppit.oC.yoiir oc, 1778, you ftdnli crfOtums '->9tii4 tmeehe. ^trm^itm in » * ( 57 ) •» view, that any perfhn wouM have aJv'fe^ fo har/^j ^' tnjpeei thetremlfarkatiou" ^ gopofitions that can be offered to human nZ fon, toaifcrt that.t was a wife, prudent, and neceOkry meafare, to lurrender your who e ar^ «y pr.loners to Rebels, who on the moft groundlcrs, and frivolous pretences, inrtantlJ fit and right for you to feek, and accept a per- fbnal mdujgence from this perfidious enemy, and ai^a.i yourfelf of the continuance of it. for vour "^XZ^^"" accommodation, and complain of ^c hardfhip of bemg ordered to place yourfelf m that fituation wherein it was neceffary you ^n ^ .r" \ ^«^«'"°^^«t fhould, in^co^r paflion to the unhappy captives, confent to ra- tify the convention, bccaufc it is too apparent that fuch a ratification during your abfcnce and aftord them another pretext for detaining ftill longer the viaims of your imprudence ^ ,,nn /?"' Af"c^' "^ '^^ 9th of Otlober, iy^o, you dcfire the Secretary of War to obferve that tile order referred to (for your return to America) « /x ««^«./. as^n as cruel- and you ventu^^ your opmion, « that it is matter of feriom doubt f^Jhertb, mmers of the crUn c^ l^a^ atL^ ^':'^'»^/f into captivity, at ho^,^ abroad without trial, or can compel m officer, by ^ Virtue of bu general military obediencf, to d^ H »* liver Y -^**)a*t--Mti ! ■ 'I llli ( 5S ) ' • " livor bimrdf to the prifon of the ffumy^ wVA- ** eut tiuy rcquijilion on their parts." Whether the Mniders of the Crown can legal- ly oilier into iinpnfonment, a Britifli fubjcd Avithout crime, or charge of crime, is a matter of no doubt at all. The uucftion, whether the fame Minifters can and ought to enforce an officer bf virtue of his gencrarmilitary obedience, to con- form to, and on his part fulfil, engagements en- tered into by himfcif, and in which he is hirafcir perfoflally includetl, may be anfwercd^ by alk- ing you, under what orders, and by what au- thority, the whole Britifli army furtcndered them wives prifuncrs, at Saratoga; and by re* marking, that the wretched engagements made there, extended only to cajptivity, and inadtvi** ty, not to a renunciation of allegiance, or duty* to your Sovereign. That the order received for your returning, is unufuai, will be readily grant<* «d, noinftuncc having ever before occurred, in which it could have been iffued. That it wafc cruel, may for the reafons above ftated, be faii^ ly denied i nor is it neceffary to repeat thofe reg- ions in reply to your quei\ioning the fecretariei ot war to what putpofc, your return was en- forced. In the fame letter you requejl it may he remem- hered^ that you art deprived of a Court Marital upon your condu^ m America^ becaufe you are mt J'uppo/idto heamemble to the jufiiceof the kingdoms thai the King is told you have difebeyed his ttrders^ in the veryjame breath that you are jlated not to be , ^menablt^hvn^ and that by this difrirtiy It JeenU jM^ft^ nate c their b lifts of' jor i hut i denc^ B dre^ who und( you Man linfa the I be ii prefe mittc wouli youli guilt I ritai injuft orden po(iti< cafe, parole Ths confol your r thdfot by no contra quired wth* J enemy ^ r" )wn can legal- ^ritilh fubjed 18 a matter of ether the fam^ e an officer by lience, to con- iffagements en* ;h he is himfeir ivered^ by afli* by what «U- ly furrendered a; and by ta- igements made r, and inadtvi*- ;iance, or daty« ier received vx le readily grants* ice occurred, in L That it wafc ftatcdt be faii^ -epeat thofe resu- V the fecretarici return was en- it may be remenu I Court Martial laufeymare mt eofthekiT^dom', heyed bis orders^ 'ejlated mi to be ioSirinty it Jeeriii Pp^fed ( 59 ) fi/fo^dtbatyou are not capable of receivf'ftjc orders. fr;/k^purHfs ^f public juflice, or publTc fervid, but are ferfedly jubj.a to all fuch, L bJe a ten. dency to your own dtffru^fion. Bv your convention at «^arataga you fiirrcn- dted your pcrfon, as well as the pcrfons of your Whole army into the hands of the rebels.' and under the indulgence of a permiHion from them YOU now appear in England. Should a Court Martial be granted you. and their opinion prove linfavQurable, are you in a fiiuation to receive ^^K^Tn' '^5'[ ^<^n^^n«^ "light dirca to be infliaed ? Certainly not, your perfdn is at prcfent the property of tliofe to whom you com- mitted it, and a punifhment in6ided on you would not fail to involve the innocent hoftagej you left behind you, in the confequenccs of your guilt i yet your allegiance to the drown of Great Britain IWl remaining, you are certainly without injuftice, or inconfiftence. amenable to all fuch orders, as do not compel you to aft in dired op- pofiti6n to your treaty, which cannot be the cafe, when you are lequired to return to your parole. ^ That yoMx perfecutien vyould in no degreo confolc your fellow prifoncrs is admitted, but your reluming to do your part tovi-ards removinc thofctten, with whichyouhaveIoad<5dthem, can by ixo means be confidcred in that Jight. on th* contrary it is a duty, which you ihoufd have rc^ quired no order to perform ; and thefe unfortu- nate officers owe to you, the impoiTibility of' tlwirjemg included in any of the late numerous lifts of promotions, neither the policy or circum- ftanoqs '1*1 f-^ • '): ,! Ill ( 6b ) ftancel of the flatc admit of giving ■dditlonul rank and pay, to thofc who haVe been, by you, rendered incapable ot fervin** their cojjmry. Your pbfervation, that the treatment you hav* received \i contradiQory, falls to the ground with the forcgomg (late of your fiiuationi that is it perfe^fy uniform in principles of jufticc, evjaity and impaniality, ia, I ihould atpprchcnd, mbdc fiiUy obvious. I have now nearly gone through as well yo*f letter to your ctmftituents, as t)mfe to the Se- cretaries of War, and I trtift, reduced ydor whole formidable lift of injuries, and oppreffioris, to the fingle inconv^ienCe of your giving up cmptey- ments and emoluments which you could not hoid, without obedience to orders, that upon furmifet aod apprchcnfions, equally defultory and gfoiind- lefs, vou thought fit to difregard; the pufpofe r' which conduct of yours, as well ias of your appetfl to the public, is fully difcovered from the laft ti- tation I Ihall have occafion to make, wherein you exhibit your final charge, of cxpeded and in- tended injuftioe. You fay, — They who -would not fuffer jfdu /a approach the Kings perfin to vindicate ytmrfelf .before him, who have held you could not have a Court Martial to vindicate youtjeif to your frofejjion^ and who have done all they could do, to prevent your vindicating ymjelf to your country^ by a parliamentary enquiry \ are now very Jyftematicully defirous of burying your innocence an^ their o^n guilt, in the prifons of the enemy , and of removing^ in your per/on, to the ttherftde of the Alalaniic^ 'X\i% means of rlnewixo parlia- ing additlonu) been, by you, r co:?ntTy. mcnt you havt te ground with ion ; that if it j lift ice, eijaity )rchend, mbde h as well yoif )fe to the Se- ced ydor whole treifioris, to the »g np emptey- cculd not hdid, : upon furmirea iry and grodnd- thc puvpofe '-' % of yonr appctfl rom theli^tU c, wherein you peded and In- ot fuffer ydu /a ndicate jourfelf could not have mrMf io your ail tbey could ymrjelf to your Y i are mm very ur innocence in^ the enemy , and other Jide of the WIXO PAtU'A- mUNTART t ♦' ) Mtsit/mr rrotErMiioi WAfen tb«t hatv MBASON TO ORBAH. An4 here the whdie plot developes : after hiv- ing made a falfe Atp, you are confidered b)r \ho leMtcrs of opposition, as a fit lub}e€l fbr tkbm to wofk upon, and having firO ^>aded you on, to iecpofe your weaknc6 by an innanimatory ad^ drefs toth^ puhlio, land having by this mekns, efi. fedtinUy prevented you from delerting, they mHr inteild to produce you as the immediate tool of th^ir{)arty, to bring forward anoth(^r)parliamen<- taty enquiry { to add to the lifl of thofe, whick have already bc!en irhpofed upon both hOufes, bf the virtuous band of patriots, for the honeft|)uc«> po(ei of diftrading the councils of the nation in this time of public difficulty and danger, and di- verting the attentions of his Majefty s miniflera, from great and interefting ohjedts, to a defence againll charges, which however ill founded, falfe, and malicious, muft be oppofed by fadls, and ob- viated by feriotrs inVeftigation. That this is the u(e to which you are intended to be applied, admits not of a fhadow of doubt, and if you remain in their hands, the inHru- mentff of f ich bale defigns, your country may ftill be indebted to you for further miichief. To remedy, as much as in you lies, the injuries it has already fuftnined from your condud, let me adviie you, to lh?ke off the trammels of a party, whole connexion can only tend to involve you in deeper difgrace ; return inftantly to Atpcrica, and wait the hour of your rcleafe with your fellotA^-fufftr- crs, emptying the interval, in inch offices of humanity, as may loften the hard/hips they la- bour ( d« ) boor under, and difpofe them to forgft and for- give, that they are hardlhips of yxiur impolition. But if you rclufe to attend lo my council, and perfiR in your retirement at an eicape from the toila and dangers to v. hich the other courfe would lubjedl you \ U t not your vanity fugged to you an idea of imitating thc^ heroes of old, wha bave alternately cxercifed the fword and ttie plough-fhare, for they were accoinpanicd m their retirementi, by the ulorioui contidcration of hav>. ing prcfcrvcd their country; but your's will b* knbittered by the mifcrable rrfledion that yois have endangered^ if not eiFedicd^ the ^uui ^of youra, » lam, && AN ENQLISHMANL .*r i forgft and for- our iinpolition. TiycouncU, and efcape Irom the ler courfc would y fugged to you i% of old, wha fword and tke ;43aaicd m their icration of hav-. t your's will bm ledion that you d» tbe i^uiu /of ^ULISHMANI ^nt ^ ^ »^ REPLY TO LIEUTENANT GENERAL BURGOYNB'S LETTER HIS CONSTITUENTSL KXPBIfDt HAVKiaALXM. IVTtlfAt. / Ni TO LIEUT. GEN. BURGOYNE. SIR. * YOUR condudl, Cincc your return from America, has engaged the pubhc attenti- on, and in fomc rcfpccls, the public animadvcr- fion. Men of honour, in grneral, were at a lofs to comprehend upon what principle you could juftify your abfence from your captive army, whoM caUolities they conddered it as your duty to (hare t and the gentlemen of your own pro" feflion, knew not how to reconcile your flay in this country, after you had received an order from your Sovereign to return to America, with thofe principles of niilifiry obedience which a long courie of Icrvice Ihould have taught you fully to c^oonprehend, and an exalted rank in the army orcibly to feel. Yoor enemies were violent in their cenfures; he prublic did not helitatie to pronounce your condemnation ; and even your friends appeared weak in their wifhes to vindicate you, and cer« ainly wfrt awkward in their attempts. 1 Youf ' vtl ( M ) Your fpeeches in parliament had contributed but little to reftore your fame. But men of li- berality felt for your misfortunes, and were wil- ling to hope, that the importance of that Aflcra- bly, the awe which it is apt to infpire, , and per- haps, your talents not exadly fitted to parliamen- tary debate, were hitherto the caufes why eve^ public attempt to juftify yourfelf had been at- tended with inconfidcrable fuccefs. You have now affixed your name to a formal vindication of your meafures i not a few incoherent fentenccs provoked from you by illiberal reproafchj pro- nounced under the awe of a public aifembly j de- . livered under the agitation which unqualified cenfures upon military honour muft necelQ^ily occafion in tvery military mind ; but a delibi^ rate recital of your proceedings^ a cool avowal ci your motives ; and a Audied juflification of yoti^ This publication will find the world very ^ narrc vourably difpofed to iiften to every ai^nnierit has i which you can advance in your own behalt Y infpire, , and per- iled to parhamen- caufes why cvety elf had been at- ccefs. You have nnai vindication of >herent fentences il reproath} pro- 3lic aiTembiy { de- vhich unqualified mUft necej(&rily id} but a delibi^ ; a cool avowal 6( ftification of yot^ ( «7 ) The manner in which you mention yourfelf, and which, as if meant to leave the mod forcible imprelIion» forms the conclufion of your addrefs, is 9ertainly adapted, not only to difarra refent- ment» but to excite compafllon.— — ** My ambi- tion is dead ; my occupation is gonej the humble arrangements, of my new ftate are made 5 and my whole pro(pe€ls or hopes on this (wle of the grave concenter m the prefervation of my friendfliips, and the tranquillity of my confcience." ^Thofe who are not ftrangers to delicate fenfibility, find in this pathetic reprefentation, no imaginary d'\C- trcfi. Ambition docs not willingly renounce her projt&s . affluence reludlantly gives way to penu- ry ; and rank and power are not eafily reugned. The mind, accuflomed to the bufy purfuit of hon nours« is too reftlels for the cajm enjoyments of frrenidfhip } ill fuit the humble arrangements of lie world veiy m- narrow competence, where boundlefs profufion ) every at^tnherit has rendered every gratification a habit ; an4 ownbehaln Yoto however comfortable the (belter which confcienco I you arc no^ aii may afford, we are apt to confider it as the un-^ is the qualityf w< willing refuge of difappointment and defpair. brave man in dif Such, however, is the condition to which yow c You have re- have fubjeded' yourfel£ Will you pardon me, nptuouB opulenc^ Sir, if I endeavour to prove to you that the fault stenceofa prilN^ is your own? I feel lor your condition, and I uft diiarm rcfcnl would not wantonly infblt your, diftrefi, I con- e opinion of ^ fider you as a braye, honourable, but imprudent im by thefacrifioi man| and mpft an enemy to yourfelf, Iwillen-t yourfelf made ai deavour tr obferve that refpe^l which is due to your raoft deter you is a gentleman} and mia^rtune, which ren- ft to your guilt, dcrs yon facrcd in toy iriitad, gives yoiji aqlain^ to T^t^ndernelS) as'an unfucdeftful nian* I *- -- - ," ( 68 ) As it is your condudl fincc your arrival from America that will become the ujbje(^ of this ad- drels, '4ad is in fact the fubje^l of your addrcfg to your conftituents, it would be foreign to the prcfcnt purpofe to enter into a difcufTion of your condud during your command there. Without giving any opinion ujwnyour military judgment, permit mc, however, to pay that tribute which I conceive to be juftly due to you, You manifcfted the greatcil zeal for tlic caufe of your country ; the moft unwearied affiduityin promoting her fervice j the moft determined bravery in fighting her bat- tles. While you became an example to your ar- my which challenged their refped, you won their affedion by fhariiig every diineulty afad danger la common with the troops. Thefc are the unani- mous tentiments of thofe who ferved under youj and they remain neither queftioncd nor contra^' dided. After your furrcnder to the Amcsrican army, in your private letter to the Secretary, q^ State you expreffcd your " confidence, in the jv^icepf, the King and his councils to fugpprt tl^e Genemlv they had thought proper to appoint to a^ardnoua an undertaking, andunderas pciitivea dircSion 89 a Cabinet ever framcd."-rlt is not di^uJt tq trace up to thefe words the firft caufc pf di^^r^ cnce betwij?t you and the American ?ccretfBry, of State. Senfibleof having loft an army j of hav- ing deprefled the hopes of ypur country j of hay- ing eJated the fpirit of her enemies; of ^v^ng terminated a career moft jiriUiant in 'ts commence- ment by a very fatal difafterijrqu anticipated in your own mmd.th^e national ?ffcf%a^d fmplc^c^^ J. ' ' ' • .: :•>:... '.. ., 'you? t. . » |ir arrival from {e(^ of this ad- f your addrefg foreign to the bufllon of your icrc. Without tary judgment, tribute which I ^ou manifefled ,ir country J the ing her fcrvice j ghting her bat- pie to your ar- you won their i afad danger in are the unani- ^ed under you j ed nor contra-*' mcrican.air'ny^i retary. q| Sta^e. q the jvfticq p£, lit tl^c GcacfSiv I to ai^ arduous Uyc a ditfii^op. notdi^ujt tq aui(; qf di^^r^ in $ecretfBrv, of ixmyy of h^?^, wtryj pf ha?^ iesj of h?>MG^g Its coniinence-f^ a^tipipjitpd in ai^d ?ra|:^l<^c^ your V ( 69 ) your thoughts tpwardg your own iuftificafinn Vou ,.,turally had rccourfe to yoTr S,f S Ji,ivca Jirfm m any Calinct everf. anud If voa could perfuadethe world of ,h«: the infoeC you imagined would then follow, that you w«^ move forward a, all event, ; that youTaddone your duty by urging on a ftraight courfc and >|norant of the tace of the country, and deficient 9 nfermation with regard to the difpofit^Ht Its inhabitant., gave you a /2/&mr dhekion whi^' ence niu« neccflanly involve yourfelf and vour «mty in inextricable ruin. Where an imp "cit oh^ d'rt» wa. the only part you had toobCJ y™ coudnot becenfured for want of prudena^ nor' COUW you be Ma^ed for want VS^J^"/ whwyou was preehided by your ordeif fro- mkm^ anv exercife of it. ^ ^ " *""* ■^.u 'f.""^<~ theirfore fti'rlr wined iflbe Wth the cabiaet upon the fenfe of ]Jxi TnXS S -J . "* not attempt to fay, that diffipuftie. Mwi&n too gr_eat for human valour toowcomft too diflant forhuman judgment to forefe^"S?t teen r»^ and imprudent, it was becaufe their ort 'wh^?**""* ''?." f." «'h"*'i»nd "mprndenoe. ■ What^may really be the nature of you, o,d themfclves, \ they might been altoge- youfexpedi^ ic ii^tned to; , which the wcmy (7' ) Cflemy had fortified at immcnfc labour and t%* penop, ^9 evacuated upon your appearance be- tore It, the artillery, amounting to 128 pieces, fell mtovour hands i and the rebel army was in- tircly di/perfed. Your good fortune fecmed daily to mcrcafc ; and m every conflia with the enemy your troops had the advantage. Notwithftand- ing their fujperiority of numbers, and ftreneth of filuation, General Frazcr defeated a confidcrablc bocly of their forces.^der Col. Francis, one of an attack of three hours.lito|fcd a corps of the enemy amounting to fix tirS^he numGr of his own detachment.--Your ^Btelatcd with fuc- ceft. fought wjth the cc^ia^of men who fcn ?';?i^'^!f.!.^"Tl^^^^a^ the enemy Sa^cd fides difcomfitdi. ^^ttd, and dife Such, at one time, was your ^tuation. It fud- dedy changed, and (from what circumftances. t wxmld be inconfiftent ivith the prefent purpofe toinqwreO was foon intirely reveVlH Ybu dif- patched Lieutenant Cofonel Banm with 500 mea to gam pol^ffion of a magazine at a?nningto«. yvherc the enemy was fujipofcd to have ip^ » large depofit of various neceflaric*. Colonel Brev- maiis corps was pofted at Batten Ki|l to fuppcit Colonel Baum. if it/bould prove neS&ry"'^C ^^i^^'J^^^'J T' W^*^' , having recei*. ed intelhgeftcc of the numbers of the cnciw whj were too flrong to be attacked brhb fim4* w# any proipca of iuccc% ^iwuld ^J^ prefe «o you with an accodist 5 ^Stuatkin ^m,im ?^^ to q^k>ncl fe^a^Cma^' r- i ( 7» ) forward, and reinforce Oolobel Bnum. Beflbfff, howovcr, the latter could be joined, the cncihjr. Attacked him in his poft, and after a brave de- fence, Oic Colonel himfelf was wounded, and hla whole party made prifoners. On the evehiilg df Xhh fatal day, Colonel Breyman arrived upon the fpot, where, in the mornings Colonel Bauin had been defeated. His troops, wearied by a toilfomc mmh, and diftrcffed at the difappointrtient. wei't immediately attacked by the enemy, and after a gallant rcfiftancc were obliged to I'etreat, leaving two pieces of artillery upon the fieM. Your army had now loft near 800 men , arid it will bfc readily conceived, how much thete defeats contributi d to infpirit the enert^y. In fa£t, thcjr ucre aflembling frofrt all parts •, the whole coun- try, fo far from afltfting, was rifmgup In arms againft you, and difficulties were crowdine upon you no lefs formidable than numeious. You be- gan to feel the want df provifions , the roads were broken up- the face of the country W^s in- tcrfeded with creeks, and covered witfh large timber trees, which the enemy had cut down to ohftrua ybut march; yOu was madc^ fenfible that every inch of ground would be difpiitefl ; and yet, inftcad of providing for your retreat, and accommodating your mcafures to yb^r fitua- tion, >-ou thought fit to crOfe the Hudioil's fiver, In ordtt to fire fjiour way io Many, Had you, at this time, or could you have, m t^afbn. any hope? of fuccceding in the attempt ? MfcTah^oly expti irncc has convinced you 'hat the prdum- ed dmunftances upon which ihe plan had bceii fcrmcd in England, and which rsrfe tffeatial to • ■ ■ V Its. Ittl. BCrafV, I, the cfncih^. • a brave dc- ded, tnd hit le rvehirtg rif vcd upon the el Bauii) had by a toilfoinc appoint rticnt, enemy, and :d to I'etrcat, an the fidfd. men , arid rt thcte defeats In fadt, 1hcjr whole coun- ; up in arms owdine upon as. You bc- , the roads jntrV W^s itt' i witfh l^rgfc cut down to nadc feniible be difputed ; pur retreait, o yo^r fitua- odibrt's river, Had you; « s^afon. amy M^Tsihciholy the prdtmi- kn bad beed t eifeathil to iu ( 73 ) 111 fucccfs, had no longer any foundation. Be- fore you croiTed the Hudfon's river, you iTiould have confidered with yourfelf, whether, if your filuation 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 ft ill command you to proceed. Either you fore- faw the difficulties that were preparing for you, or you was ignorant of the true (late of your fituaiion. If the latter were the cafe, your judgment cannot remain unimpcached. Jf, on the contrary, you had eftimatcd them juftly, howcverpofitive might be your orders, and what- ever might be your ideas of criminality in dif- obeying them, your regard for your country fhould have taught you to difregard every pcr- fonal confideration, and you mould have en- deavoured to promote her true interefl, carelefs of what blame might fall upon you, or to whof© refentment you might be expofed. The moft eminent and lUuftrious charaflcrs have not hcfi- tat^d in cafes of public neccffity, to violate the laws of the land, when evidently conducive to the public benefit, and have trufted to the gene- rofity of their countrymen to indemnify them againft the confequences. The fuppoiition which you make, that " your army was meant to be hazarded, perhaps circumflanqes^ might rc- Qiiire it ftipuld be devoted," is too loinantic for ierious confideration. Such reafoning might become the captain of a fire-ihip, or the leader of a forlorn hope; but that it can apply to aa army of 10,900 wen, under any circumftances, K is *1 . ( 74 ) h rather improbabk i that it could, in pur fituatlon, was tbfolutcly impofliblc. I apprehend thefc conclufions to be evident. That no orders can, in their nature^ be fo po- (ive as not to Icav« fome difcrction in the commander appointed to c^irry them into exe- cution — Your fitviation required that you Should employ that difcrction— -and further, If any orders could l)c fo pofitivc, that to ad in contr.idid\ion to them, however great the inducement, would fubjedk the commander to punilhmcnt, it was your duty to have incur- red this rilk— But J will proceed to what more immediately concerns your condudl in this country. r t. /^ You complain very bitterly of the Court etiquette, invented, you allege, upon your oc- calion, which excluded you from the royal prc- fence. The " foundation of it in precedent,' Iconfefs with you I am unacquainted vnthj but the foundation of it " in reafon" I per- ceive clearly. Where an officer labours under a fufpicion of m'^ondudt, and it is thought nc- ceffary he fliouid be tried by a court martial, it is fit that that officer (hould be excluded from the only place where he can defeat the courfe of julUcOj by intcreifting iiumanity and compaffion in his behalf i Where, by an ad- drefs to the paflions of his Sovereiga, he rofey elude the purfuit of his country, and arm that prerogative in his favoui", which, wl»fn Pro- perly cxercifedi becomes th? moft anajable m- terpofuion of the Crown. On the others hand, no bad confequences can happen to him from a temporary ioalci, m our Ic. to be evident, urc. be fo po- crction in the them into cxe- rcd that you —and furtner. c, that to adt ever great the commander to to have incur- to what more 3ndu6l in this of the Court upon your oc- tnc royal prc- in f recedcnt»" j^uainted with} reafon" I per- lalK)urd under is thought nc- i court martial, id be excluded can defeat the iiumaaity and ere, by an ad- ereign. he roiiy f^ and arm that ich, when pro- log amiable ui- tfic other hand, I to him from >a temporary ( 75 ) temporary exclufion from the royal prcfcncc. The fcnience of a court martial will drtcrmino faithfully upon his merits, and rcftorc him to honour, or doom him to difgrace The voice of his profellion, if heard in his favour, will pall him to the polFelfion of every fufpndcd privilege j and with fuch a dccifion upon his fido he cannot be difhonoured by th(5 royal frowns ; and if admitted to the royal favour, even in the prefence of fovereignty, he may feel himfelf ennobled. But we are given to anderftand, that the true reafon of the order you received not to appear at Court, was " an apprehcnfion upon the part .of the American Secretary, that you might lay t)eforc your Sovereign what information you wa^ pofTefled of, and which wbuld have proved very different from the ideas which it is now known were at that time prevalent in the governing councils of this kingdom." By this mode of accounting for it, you bring a charge againft the American Secretary of endeavouring to withhold from his Sovereign ufeful and neceffary infor- mation. This charge, it muft be obferved, rcfts merely upoh your own authority j and when we qot^der that you are a party concern- ed j that your feelings appear to be unufually irritated, and your refentment warm j your au- tlhority cannot have that weight upon the pre- fent occaHon, which upon all other occaiioD' it js juftly entitled to. ' %ut the candid and the fenfible will examine this charge as if brought by ah indifierent per- ^Ht smdafcertaia how i^r i& could be the inte- ';. ■' ^' "^^^'■• %^i^..:y . ^^ ,1 (76 ) reft of the American Secretary topbfervc fuch a condu^ i and if hr -'l. '^ to fupprcU your in- ~ formation, whether he took the means moft probable to attain that end. By admitting yoi^ to the royal prefcnce, your information, it i^ true, would be immediately told in the royal ear i and however unfavourable to the prevail- ing fyrtem, few arc fo ignorant of the arts of a court, and the porfuafivc eloquence of a mi- nifter, as not to know that it was eafy to have confined your information to that place, apd to have fupprelTed it with regard to the public at large. On the contrary, by ad<»pting a aieafurc which he knew would prove an offcniive one to you, he drove you into the arms of a powerful and advcrfc party j hp provoked ycnj to publiih your information in your place in pariiamcnt, find he could not imagine tnat your fads would be weakened, or your manner of cxfurelfing 'them foftened by the treatment you had recciv- td. The pnly chance of fuppreifing your infor- mation, or of countcradng the cffo^ vyhich you funpofe it would have had, an intcfcrencc with the prevailing fyftcm, was by uihering you into the royal prefence \ the fure tnethod of publifliing it to the nation, was by (hutting againftyou the door of admiiHon. This charge does not, therefore, appear tq have any foun- dation in truth i and certjimly, it has flonc in reafon. : Yon next charge the Secretary of State with *' infidioufnefs," for having received yon with -apparent kindncftj for havi(is hear^, X^^ *^''' 'i^tiv^ly through ^ lepiprt of all the ti^anfa-^^ions ' ' / fubfcqu?^^ \ pbfervc fuch a ^preU y«»ur in- ~ 6 mcaiia muft adnnitting yoi; )rrnation, it i^ I in the royal to the prcvail- if the arts of a :ncc of a mi- is cafy to have t placCf aiiid to 9 the public at ►ting a aieafurc ►flTcnlivc one to i of a powerful you to publiih in parliament, our fads would : of exprcfling you had recciv- fing your infor- B effod vyfiich an intcfcrencc )y uihering you ure tncthod of as by (hutting y. This charge have any foun- \t has noiic in y of State with lived you with hewlf Vpa. i^r the tninTa^iions fubfc^u?^^ '""^•^ ( 77 ) fuhrequcnt to the convention of Saratoga, and for havin^j led you to a confidential co.nmunica- tionof fads, oofcrvations, and opinions refpcdl* ing very important objcdt. The futility otthif charge mult appear evident to every one. Whatr ever mi^ht have been the condua of the Ameri- can Secretary towards you, as his Majdty's con- fidential fcrvant, and holding a place of refpnil- bility, he had a right to thrt u\oi\ unrelervcd coinmunication upon your part with regard to the command upon which you had been employ- ed. To have withheld from him " information refpccHng important objcas," from an idea of pcrfonal ill treatment, would have been as much an act of treacherv to the nation, as if, in tho moment of f)icceft, you had delivered up your fword to the enemjy. You had exprcllcd your defire to be tried by a court martial, and yoyr cafe was referred to « Boa«-d of General Officers. They reprefcnted to his Majefty, that they did not think " you could be brought to a court martial fo long as you ihould continue engaged, upon due notice, to re-deliver yourfclf up to the Congrefs." Yet ia fpite of this opinio i delivered by men of honour •7-by profeliional inen, upon a profclfional point —you ftill continue to be urgent for a court mar- tial, and complain of opprcilion becaufe it is de- nied you. I will prove, that to have granted it to you would haye been folly and injuftice, aad that the gentlemen of your profcflion, to whofc- reprefentation you objed, have been guided J)/ principles of reafon and equity. * > i >;?h Thofe 'I ( 78 ) Thofe -wlio fcrvcd uudcr you, and who were witncflefi to your umdud, arc at this time prifo- ncrs in America. What method could be purfucd to bring them before a court martial, and how CDuld your candud have been fully examined, «a9 ;-r4^ut Uidion of tbe |r obedience, '^ helawof nati- [>formaty to the se of abfu^4i(;y> • undergo a tri- t the iaineti line riedforany of- our per(bn r^ Clongrefa. rener^I O^c^rit^ itl^e fubfeqii;^ cjqai^jp,Jf ofrllarn^0^j atioQ^ '- ( 8^ ) . * Nmwithft&ndirfg thst' thi convention of's^* raioga h^ been f"tafi|lty fijJfilJtd upon oUr part, the Congrcfs rtfu fed* to rittify it, ailfcdging, that We had violated thi^ conditions. We denied the <5ha^gei th'eCongrtftpernftcd, and det^iiied ouf tWojM incapwvity. Thjsbbihg a difpiite betwixt tWb nations at war v^-ith each other, and virhich A^ cttrthly tribuhkl' is competent to de line' e^ch nation.' a^ f^r as it his the means in ua oVyiJ hands,' will ehdedvot^f to do jufti^e tb'itfel^ The Conf^tirs, uridet this idea, detain oof troops- am i^der "the fam«!!' idto, We coniider every n&rt of* th^ army, whom we reti:ch of ii m'th6 other :h^ is to ^.hmlmM If it w^e^e ^ffibfe t^ 0& tt|4< tt^^^dtftifiitV mafA n6t^;^jrirtjliaafele in; d^ mth^ arftei a'^d^iiiHM'dd ty jfatt of tfeJe tkm^ )i»tfii^r»u'i Stt •It. a H ) gf«ft, tboft officers who were their prifoners nn* dcr the convention of Saratoga ^ but as this is im-i pradicabic, the necclTity of the cafe bccoipcs our juftiHcation, But potwithflanding the injuHico done to ys, we njuft confine our retaliation within the very line of the injury received; tor if, under, p pretence of its being a part of this trania-dllon, we were to detain ojEBcers who have come under fep^irat^ engagements, public faith, now hurt it is true, vyould then be wounded mortally j mutual confidence would ceafcj and to the humane man- ner in which war is now condu(3ed, would fucced a Ctcne of flanghter, maffacre, and diTaffinationi, Vpoii thcfe principles vour engagement to the Congrefa mull be confidered as binding j fynd» therefore, your cafe differs from that of the g«;n-i tlernrq to whom you ajlude^, who are no longeiit within the power of the Congrcft. In the account which you are pjeafcd to^en*! der tf> vqur ^onllituenls of yonr conducl in parlia-., ment jinge your return from Arijerica, we, f^d fomte' imjjrobcibilities an4 forae contyadj^ions. Pe ^Tlu(l indeed be ignorant of public life, and uqaccmainted with human frailty, who can A^p^. pofe tpat in defpitc of ** fevcpty, ;ingratitud|p, s^t4i jhjufliice,*' a man in a public u^iipDi,wiIicontii?^ %o fupDort with his influenre, thofc; who have treated, h>n^ " fevercly, ungratefully, aq4 unjuftT? lyi" apd that flubborp in principle, % wifi alik^ be proof, agajall f»vpur aqdeiimitv^ , TJ^liftore (5f th9 prelent \hnp, xp4^es it j[)4rt!cpl9i|v ii^ft ii^Mn^qp fuch ^ prppofi{ioa witfi mf ptotpii/fg VJin(fingi f^id, lat of the giyon are no longei!^ ptjeafcd to ^cn-, iducl in parlia-t, lerica, wc, ijJad contAa4}(£!lions. iblic life, and yvhq qan li^p-i; gratitudp, ^KKJl^ ^,wni<;ontiQjU^ afci who have y^, and uujuil-n .,%wi|) alike; ; TftftJiiftorf ular|jr-di^m I "IP V^ilQ Otic? ft?s^ ( 85 ) rangwcdwith courtly «Ioqueao«rwhonOT)r they were rcfufed^ The coprtier denied the ducal coronet, alcendi the tribunal, and wooes hberty in the forum—. The.rugged patriot throws afide the lion's fierce- pcfs,^ and foftens into the fupple fpaniel, whenc- ' ver the hand of power fcems extended to careft Jiim.— When you inveigh againft his condud, " who qoyld ad at the prefcnt moment againft men in public ftations upon any refcntments un« conacded.with public wrongs j" we admire the morality of the feniiment, and only lament that it fhould be fo little obfcrved, . Th^t your "opppfitipn has been the caufc, 9nd n<^t ^he confequcnce of your iJI-treatment," appears t» be a contradiijtion, from thi m** ^te of your own account fjie firft injury you received was, ypur exclufion from the royal prefeace, which happened immediately to you ujjon your arriy^a in Englancj j this appears to have been the ^'\m^ the fuppofQi' .".-treatment j your oppofi- tion yimjubfequ£ttf to this meafure, and thercn fore ft is imp^flible that your oppofition can hav© |)rtn Ihe^ji^f ^f yourjllrtreatment. ;j%^.^'*^?)?*^f that argument might F^^^.^* JoMci^nt tc y s : cxqiilpati have. m^ ^e^uf^.tq hUm* -itiarimiqation, and acrimo- ^paU^v&B^^ Jawing thsiituation in which; TKO^Myei^eri placed fs^vourabit to the prr*|bc4aQlk$'l^'JL Mvi-. I ^ } U*' m raft^/. Politivc aAd {»i'«iife aji th»>k^-' i: ( 88 ) on of public aflfairs, and to whom confidence \i mofl effcntially ncceflary, may it ftimulate the olficcrs whom they employ to efforts worthy of thcmfelvcs I Let them proceed under the jealoufy, that it may be the interelt of the Minifler to ca- lumniate them i let them be convinced that the favour ot the nation can alone fecure thcui againft the intrigues of the Court j and let them z6t un- der the convidion, that the furcft method to con- quer their enemies in the cabinet is, to conquer their enemies in the field. This Philippic, however happily adapted to in- fluence the weak, and gratify the violent, you was aware would require fome explanation to readers of a different complexion. The mob form their opinion of an oritor from theflrength of hia lungs, and the mufcle of his arm. Noify vociferation, and vehement gcfture, pafs with them for the warmth of convidion, and the au- thority of truth. But the writer whofe produc- tion is to appear in the cabinets of the fenlible, the candid, and the liberal, knows that cool con- templation will fit in judgment upon its defcrts. To ihcfe I Ihail confider the following explana- tion as addreiTed. " At a time when fo little cre- dit is given to principle in political matters, it Is probable 1 may be told, that I have followed the didliilesof parly, and deluded by vuin expec- tations of popularity, have facrificed myfclf to their purfuits." That you would be told this, was indeed probable, but it feems you are prc^M^- ted to difprove the charge. " My friends, you will fay, will treat fucb an imputation with the lame contempt they do every other illibertti een* ' fui«." confidence is imulatc the ts worthy of the jealoufy, nifter to ca- ccd that the theiii againft hem a^ un- thod to con- , to conquer lapted to in- dolent, you 3lanation to The mob the ftrcngth irm. Noify , pafs with and the au- jofe produc- the (enlible, lat cool coft> i its defcrts. ing expiana- foifttte crc" latters, it is ve followed vain cxpec- rd myfeU to 3C takd thii, u are pre)>c^ friends, you on witli the iliibcFtii cen-* £cwr w. ( ) • A(i».** AllAwJh| fvcty thing to tfic 6ith 6f IHendfhlp, wt witt proceed to the argument you addfefs to thofe, who not having the hv,nonr of Intimate habits with you, may not feel equal con^ lempt for every probable charge under wliich you mif !uftfortunatdy labour. *• I have proved my pi'infeiple In political matters."— in what man- ner ^~-*' I have proved it by attaching myfclf to meft'who have no objcd but to fave their country.** ■Mrhii argument, if not of the moft convincing, ift at leiift of the moft curious nature. You fate ld your feat in ngrcfs. WbUc r, they wi|I« in in I butil)puM intercA, thuo m mediately ri^ you have it in ' the conilituU' bolds a p^tidon is fup^fi^H tp ind, in my opi- to be infiutmed (ipon the Cpnr % penfipn uppri »r the cpi)l|iti;i7> to fit in p^rJiar greater probid*- iling the tn^ar rifoner's aei^ii(i. ' In mattfcfS which aff. , the conflitution (o near- ly, at the cledlion of reprefentativcs in parllii- ment, we muft look l>eyond the prcfent moment At a future time, the flimc mnrk of dUbndion tay be^confcrrrd upon one, who. under your c.rctimftances, will not obfcrve ^*tid by a d>cree of the Senate, he was ap^xiinteci to the iu- p eme com nand. He w.«tchr(l tor n f.ivourahle moment^ and at length cuididcnng it arrived, he determined to give battle to the Roman army. With thiii view, he took the advantage of the ground, and made the ncccHary diQiofitiom. Ke« gulus, inclined to fecond the with of X^ntippas, drew up the Romans in array of battle. lathitar* rangcmcnt he is faid to have committed a material error. Xantippus began the attack, and m a llu>rt f ime the main body where Reguluc commanded yi.xs broken through, and the Roman army ;put to flight. Ri-gulus remained upon the field wilh^ve hundred men, where he was ioon furronndod, ^nd ai length taken prifoner. Jt was the firft time H Rooian general had ever been taken ftiive in battle by the enemy. The vidlors marched to Carthage ; and Rc^ulus followed. Here he jk>Qg endured the hardlhips of a rigorou* captivity They gave him but juft food enough to prplOQg his miferies} and to render life infupportabic, they cxpofcd him to the public fcorn.—- Another engage- ment Toon after took place, in which tlieC'arlba- ginians loft a confiderable number of men. Among thefe were marty iiluOrious citizens, whom \\^ Romans made prifoner?. The ill-fortune of the Carthaginians daily increafed. A Iccond defeat hapjjcnedi another, and anothpr dill fucceeded i their heft officers were in the hands of the Roinaosi and they ftnt Reguliis to Rome to negpciate an exchange of prifoners, or to treat of peace. Thcjf trufted tha^ the mifeiics which he ha<| endured in \)» flupgcpps pf Car^hi^ei w^i^d i^duof hjm tq ■-■■■■■■ ■"': : ■■ I'^s nteci to the Ai- ' n fritiorM. Re- of Xnntippas, ttlc. Iiithisaf itted a material , , and in a UiorC DC comoiaaded an arinyiput to Held with 'five )n furroondod, t was the firft :en taken ftlive org marched to Here he Jk>ag rous captivity i.gh to prpiong pportable* they another cng4ge- ich the Cartha- f men. Among cnii, whom |lki -fortune of (hft i fecend defeat dill fucceedod y of the R^nnaoi^ > negpciate an )f peace. Thcjf had endured in d ii^duof h\m tq mm a- IMAGE EVALUATION TEST TARGET (MT-3) k^O ^ .r '& ,^, & fA ^ ^ 1.0 I.I 1.25 ;lill8S :;i36 4 1.4 2.2 IIM 1.6 6' ""W Photographic SciencGS Corporation «^ # <^ w^ 23 WEST MAIN STREET WEBSTER, N.Y 14580 1716) 872-4503 % ^^ #0^ >♦:« j\ /

CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut canadien de microreproductions historiques , ^ in) reftore him to Rtmie AiKiDbfirtt. ficf^ be de* parted they .gave hitn to undfcrAand, that if tho profMirals which they Ofdeted him tiomahe (hould not be aodepted, a death oif torture awaited him Upon his rcturihr-When Rcgaliw arrived in the fuburbs of Rom^ it v^ foiue time beftjw h© wouW enter the sates of the city. 7/ is contra0 So lm% (aid h^^ ftr a foreigner y €s I Mm, totnter •mthitt the waiis rf ihe city. My mtforiunes hmfe made m a JIave to the Carthaginians. The Se-. nate iit Ifsi^th aSifibled, and Kegulus made th« propo^ i*^ith whic^ he wai charged. The mo* dofty with Which he Sfpoke cxpreffed his fcnfe of the low ftate to which he was fallen. When he; had fini(hed, it jra& with diffibulty he oo^^ld kt>, prev4i|{:() upon to remain in the Senate} and only' in obund hlmlfelf precluded from the prcfence; of his Sovereign, uport pretence that'anenqUiijy was 16 tal::e place into his' conduift, and that it wai unfit he (hould appear at Court till the ftveni i titiucd a prifoner. Hetiomplained loudly of iKOiK thofc me^uret, and joined himfelf to-* pwjF ,^ vi whion '%:■ mAontt ; lUpon M$ tcf it in tri- tivc crneltf It her ttApi- had courted s not incon-^ }OYNE was- rmy dcftined^ ;ftatc. Hit B expedition wherever he a!ou#. Vie* i under his him, and ho ine. Thec- ;eding his in yield to their tlie poiTelfion lOQ to i«tufn lied ta^^ ay tiponaa^ lis arrival,' ho preieoce^ of leaqtiii^wM dthat itvrai the eveniiif nded a Court 1, upona rtM is profoffidi^f whWc heooi^i ^udlyOflJ^iE If'td-a. ? ^ ) ijM! M.iMftcrs ot,tfo, Sovereign, Tlu^aaS GeneraVfiurgoyne m* a merab^r^ th« Sen^ti^ Ther«? he aitcmwe4 to takf^ tlie le^4 upon many impojtpiiit 9cca5pns» It was ob&rviSc, tSJ hi. ch»^ comfiUmts were of thepcrfomjl Ul-treat- mc^, which to W^e^ived, and t),ai he feeijl Ur^/r^'^ own. wrong more fen^ibly than the m of his country, He received an iffi^iaJ or^ ^l^nifym to hii^, that it was the pleafure ^ his Sovcreipin that he fhould r^„rn to AperiS and join his captive army, who were fufferine retyT^'^^i"^^' He thought fit to reprefent what he fuppofed the fcverity of this ^n^L» I*'" ^i was commanded ; again he re- firmlv rV/"^ "' l'""^'^ «"^'"g *he matter firmly mfiftediippn, he ,e%ned ^lUiis civil and mUitary employments, referving only his rank in othlp?Kl- ^^g^^«^"^^o"nto/hi«condua to the FuHm in a letter which he addreffcd to his Conftituents. and inveighed with bitter acri- mony aga.nft the Minifters of his royal maften This letter was received with a difference of Ml pinion. Some thought it a pathetic reprefentati- on of unneceffary fcverity; Some confidered it not'Jrnrf 'T^^^u^'^^"^"^^ and there wei not wanting fome who pronounced it A Lii.t WPON THE Ki:i^s (Joi^R»,Mi«T. 1 fljall now. Sir, take my leave of you, with a^ vpry finccre wifh. that yiur retreat frt;m^S public fervioe may appeafe the malice of your t^?.i^"L ^""^ '^*^ 5^°"' retirement may be uodiA country has been improper, let it be coafidered that .^■^•■■^ m. W m K ( 9« ) :»Mr«^e6QdttQ tl Santdft fimnf, tifd^ed, tod ^MaooMy in eMh iiri otij^ hilh)i^ eVd" to Ns ftMt»ttettHU«t when poi^ttf ftalHairi) oTtouf IMar, may tihey be told with bow much braiieTy yiMi fcyBghf-^^niiy your mef it ||o buml M Hand with yourmiiforfune— and ihajr the afdiable part of your charadter liire ift the memory of ^put oountryv loog after your hafmlefs foibles, and iiiMfiteDtidnaT errors iha|l be fbnk in ifaade, ap^ «telMia«bliVioat t>j 1 ; . I have the honour.to be, :>u , .iani;m -Hi Jirri^r; T.' ]'■; ih<<.. • ?>■ t*«lHr.!u inj. ilv u ai i ; 1 'Your jnoft hnmbfe ttt^nU ttiti 1: ^' ■ • "*' ■ ■* . * *t'' »■ ' ' .nyf-e. ' ( ' . • ■ .^' ^Wiii .1 ■;.■.,, ,»3i#i^ 5 itHlt. I, indeed, tod ^'ihdF to h6 leartt of your much brsnery mnd \ti hand e ftfdiable part nory of ^qut I foibles, and in flnde, ao^ t. > 1 . ' . >!\ '■ ■• , I ' •f>ii ■\-'* i !