DISGRACEFUL INFRACTION OF THE CONVENTION OF SARATOGA.
Although the Americans had given Burgoyne leave to return home upon parole, yet, in bold defiance of the convention signed by Gates, they still kept his troops as prisoners of war. As there was a difficulty in reaching the port of Boston early in the winter, Burgoyne had applied to Washington to change the place of embarkation, and to substitute for it some place on the Sound. Washington referred the matter to congress, and he was directed to inform Burgoyne, that no proposition for indulgence or for altering the terms of the convention would be listened to, unless directed to their own body. The truth is, congress had scarcely ceased rejoicings for the success of Gates, when they determined to break the compact. Measuring the faith and honour of the English officers by their own, they pretended a concern that the army which had surrendered, instead of sailing for England, would join the forces of General Howe; or, that if they did not do this, and if they sailed for England, their arrival there would enable the government to send out an equal number of troops employed in the home service to take their places in America. Hence, they set their wits to work in order to delay the return of the troops to England. The first thing they did was to pass a resolution directing General Heath to transmit to the board of war, a descriptive list of every person comprehended in the convention. Burgoyne and his officers bitterly resented the insinuations of congress, and raised objections to such a humiliating measure; but his army was, nevertheless, described man by man, with all the minuteness of a French commissary of police. After this was done, a number of British transports came round to take Burgoyne and his troops on board, but congress now attempted to find several flaws in the clauses of the convention of Saratoga. They pretended that the ships were not sufficient, or sufficiently furnished with provisions for a voyage to Europe, and that, therefore, General Howe contemplated the shorter voyage to Sandy Hook or Delaware; and they further pretended that some of the British soldiers had secreted their cartouch-boxes, which were, they said, comprehended in the technical term “arms,” and upon such futile and unfounded pretensions they gravely concluded that the convention was broken. The British officers denied these allegations, and the whole subject was referred to a committee of congress, who, in their report, substantiated them by fallacy, and thereupon it was resolved that “the embarkation of Lieutenant-General Burgoyne and the troops under his command, should be suspended until a distinct and explicit ratification of the convention of Saratoga should be properly notified by the court of Great Britain to congress.” The men were then thrown into prison, and the British transports were ordered to quit the neighbourhood of Boston without delay. Burgoyne addressed a letter of remonstrance to congress, and insisted on the embarkation of his army as stipulated in the convention; but a committee to whom this letter was referred, reported that it contained no arguments sufficient to induce congress to alter their resolutions, and the men were still kept in prison. Burgoyne then demanded that he, at least, should be permitted to return to England upon his parole, which request was readily granted, and it was in this manner that he had been allowed to come home, leaving his army behind him. The whole affair reflects the greatest disgrace upon the members of congress, and Washington and Gates share in that disgrace; the former for having joined hand-in-hand with congress in the affair, and the latter for not preventing the act of perfidy, or throwing up his commission if he had not sufficient influence to prevent it. All the American leaders, however, seem to have parted company with faith and honour, and they rejoiced in the prospect of keeping Burgoyne’s troops prisoners of war till the war should be ended, being well convinced that the court of Great Britain would not make the required notification.