This gentleman was of real service to the American troops. He established one uniform system of field exercise; and, by his skill and persevering industry, effected important improvements through all ranks of the army during its continuance at Valley Forge.

1777

While it was encamped at that place, several matters of great interest engaged the attention of congress. Among them, was the stipulation in the convention of Saratoga for the return of the British army to England. Boston was named as the place of embarkation. At the time of the capitulation, the difficulty of making that port early in the winter was unknown to General Burgoyne. Consequently, as some time must elapse before a sufficient number of vessels for the transportation of his army could be collected, its embarkation might be delayed until the ensuing spring.

November 25.

On receiving this unwelcome intelligence, he applied to General Washington to change the port of embarkation, and to substitute Newport, in Rhode Island, or some place on the Sound, for Boston. If any considerations not foreseen should make this proposal objectionable, he then solicited this indulgence for himself and his suite. This request was communicated to congress, in terms favourable to that part of the application which respected General Burgoyne and his suite; but the objections to any change in the convention which might expedite the transportation of the army, were too weighty to be disregarded; and the General pressed them earnestly on congress. This precaution was unnecessary. The facility with which the convention might be violated by the British, and the captured army be united to that under General Howe, seems to have suggested itself to the American government, as soon as the first rejoicings were over; and such was its then existing temper, that the faith and honour of British officers were believed to be no securities against their appearing again in the field. Under this impression, a resolution had passed early in November, directing General Heath to transmit to the board of war a descriptive list of all persons comprehended in the convention, "in order that, if any officer, soldier, or other person of the said army should hereafter be found in arms against these states in North America, during the present contest, he might be convicted of the offence, and suffer the punishment in such case inflicted by the law of nations."

No other notice was taken of the application made by General Burgoyne to congress through the Commander-in-chief, than to pass a resolution "that General Washington be directed to inform General Burgoyne that congress will not receive, nor consider, any proposition for indulgence, nor for altering the terms of the convention of Saratoga, unless immediately directed to their own body."

December.

Contrary to expectation, a fleet of transports for the reception of the troops reached Rhode Island, on its way to Boston, in the month of December. But, before its arrival, the preconceived suspicions of congress had ripened into conviction several circumstances combined to produce this result. General Burgoyne, dissatisfied with the accommodations prepared for his officers in Boston, had, after a fruitless correspondence with General Heath, addressed a letter to General Gates, in which he complained of the inconvenient quarters assigned his officers, as a breach of the articles of the convention. This complaint was considered by congress as being made for the purpose of letting in the principle, that the breach of one article of a treaty discharges the injured party from its obligations.

This suspicion was strengthened by the indiscreet hesitation of General Burgoyne to permit the resolution requiring a descriptive list of his troops to be executed. His subsequent relinquishment of the objection did not remove the impression it had made.

It was also alleged, that the number of transports was not sufficient to convey the troops to Europe; nor was it believed possible that Sir William Howe could have laid in, so expeditiously, a sufficient stock of provisions for the voyage.