"I wrote you last Tuesday 21st Inst., including a Copy of the King's speech, since which nothing material has happened at Camp. Genl. McDougal was sent last Wednesday night 22d. to attack a Party of the Enemy who lay over the Schuylkill at Grey's Ferry where they have a Bridge. Genls. Greene & Sullivan went down to make a diversion below German Town at the same Time. I was with this last Party, but as the Enemy withdrew their Detachment We had only our Labor for our Pains.
"No Particulars of the Northern Affair have yet come to head Qrs., the want of which has caused much Speculation. A copy, said to be the Articles of Capitulation was recd. 3 or 4 days ago, but they rather appear to be some proposals made by Burgoyne, than the Capitulation itself. By those Articles it appears to me that Burgoyne has capitulated upon Terms, which we have a right to doubt the full performance of, Vizt., 'That the Offrs. and Men shall be Transported to England and not serve in or against North America during the present War'—or words to this effect.
"I remark, that this Capitulation, if true, has the air of a National treaty; it is binding, not only on Burgoyne as a General, but on England as a Nation; because the Troops are to be subject to the conditions of the Treaty after they return to England and are out of his Command. It regards England and America as Separate Sovereign States, and puts them on an equal footing by staking the faith and honor of the former for the performance of a Contract entered into with the latter.
"What in the Capitulation is stiled the 'Present War' England affects to call a 'Rebellion,' and while she holds this Idea and denies any knowledge of America as a Separate Sovereign Power, she will not conceive herself bound by any Capitulation or Treaty entered into by her Generals which is to bind her as a Nation, and more especially in those Cases where both Pride and present Advantage tempt her to a Violation. She will deny Burgoyne's Right and Authority for making such a Treaty, and will, very possibly, show her insult by first censuring him for entering into it, and then immediately sending the Troops back.
"I think we ought to be exceedingly cautious how we trust her with the power of abusing our Credulity. We have no authority for believing she will perform that part of the Contract which subjects her not to send the Troops to America during the War. The insolent Answer given to the Commissrs. by Ld. Stormont, 'that the King's Ambassadors reed, no Letters from Rebels but when they came to crave Mercy? sufficiently instructs us not to entrust them with the power of insulting Treaties of Capitulation.
"Query, Whether it wd. not be proper to detain the Troops at Boston & direct the Commissioners at Paris to present the Treaty of Capitulation to the English Court thro' the hands of Ld. Stormont, to know whether it be the intention of that Court to abide strictly by the Conditions and Obligations thereof, and if no assurance be obtained to keep the Troops until they can be exchanged here.
"Tho' we have no immediate knowledge of any alliance formed by our Commissioners with France or Spain, yet we have no assurance there is not, and our immediate release of those prisoners, by sending them to England, may operate to the injury of such Allied Powers, and be perhaps directly contrary to some contract subsisting between us and them prior to the Capitulation. I think we ought to know this first.—Query, ought we not (knowing the infidelity they have already acted) to suspect they will evade the Treaty by putting back into New York under pretence of distress.—I would not trust them an inch farther than I could see them in the present state of things.
"The Army was to have marched yesterday about 2 or 3 Miles but the weather has been so exceedingly bad for three days past as to prevent any kind of movement, the waters are so much out and the rivulets so high there is no passing from one part of ye Camp to another.
"I wish the Northern Army was down here. I am apt to think that nothing materially offensive will take place on our part at present. Some Means must be taken to fill up the Army this winter. I look upon the recruiting service at an end and that some other plan must be adopted. Suppose the Service be by draft—and that those who are not drawn should contribute a Dollar or two Dollars a Man to him on whom the lot falls.—something of this kind would proportion the Burthen, and those who are drawn would have something either to encourage them to go, or to provide a substitute with—After closing this Letter I shall go again to Fort Mifflin; all was safe there on the 27th, but from some preparations of the Enemy they expect another attack somewhere.
"The enclosed return of provision and Stores is taken from an account signed by Burgoyne and sent to Ld. George Germain. I have not time to Copy the whole. Burgoyne closes his Letter as follows, 'By a written account found in the Commissary's House at Ticonderoga Six thousand odd hundred Persons were fed from the Magazine the day before the evacuation.'