Whether the shortcomings of the British general-in-chief were known to Washington cannot be determined, but the latter's correspondence clearly indicates what he believed would be the action of George III. upon the arrival of the convention troops in Great Britain. Hence he writes, November 13, to General Heath: "Policy and a regard to our own interest are strongly opposed to our adopting or pursuing any measures to facilitate their embarkation and passage home, which are not required of us by the capitulation."[737] Congress, December 17, concurred in these views, and consequently refused Burgoyne's application for his army to embark from Newport or some port on Long Island Sound, to avoid the long and dangerous winter passage around Cape Cod of the British transports which were to receive the troops.
In this, as in all matters involving the success of the Revolution, Washington was not only patriotic, but morally right. We had committed a blunder at Saratoga, but there was no reason why we should increase the mischievous effect of it by expediting the enemy's movements from Boston, and thus add to the danger of our destruction by enabling him to replace Burgoyne's troops in America by others they might relieve elsewhere, in time for the next year's campaign.
Congress had, November 8th, instructed General Heath to require descriptive lists of all the convention troops, to secure us against their reappearing in arms against us during the war. This Burgoyne resented as impeaching the honor of his nation, but he subsequently complied with a measure so essential to our protection.
In Burgoyne's complaint of November 14th regarding the quarters for his officers and men, he inadvertently said, "The public faith is broke", which unguarded expression was at once seized upon by Congress; when a committee, of which Francis Lightfoot Lee was chairman, submitted its report, upon which Congress, then composed "of but a few members, and all of them not the most suitable for the station", adopted, January 8, 1778, the following resolutions:—
"Resolved, that as many of the cartouch-boxes and several other articles of military accoutrements annexed to the persons of the non-commissioned officers and soldiers included in the Convention of Saratoga have not been delivered up, the Convention, on the part of the British army, has not been strictly complied with.
"Resolved, that the refusal of Lieutenant-General Burgoyne to give descriptive lists of the non-commissioned officers and privates belonging to his army, subsequent to his declaration that the public faith was broke, is considered by Congress in an alarming point of view; since a compliance with the resolution of Congress could only have been prejudicial to that army in case of an infraction of the convention on their part.
"Resolved, that the charge made by Lieutenant-General Burgoyne, in his letter to Major-General Gates of the 14th of November, of a breach of the public faith on the part of these States, is not warranted by the just construction of any article of the Convention of Saratoga; that it is a strong indication of his intention, and affords just ground of fear that he will avail himself of such pretended breach of the convention, in order to disengage himself and the army under him of the obligation they are under to these United States; and that the security which these States have had in his personal honor is thereby destroyed.
"Resolved, therefore, that the embarkation of Lieutenant-General Burgoyne and the troops under his command be suspended till a distinct and explicit ratification of the Convention of Saratoga shall be properly notified by the court of Great Britain to Congress."[738]
Delays followed these resolutions, and finally, February 3, 1778, General Heath was instructed that the embarkation of the troops was to be indefinitely postponed, the transports upon their arrival to be ordered away from the port of Boston, and the guard over the prisoners to be strengthened. General Burgoyne, of course, was indignant, and offered that, "should any doubt still subsist that the idea of being released from the engagement of the convention has been adopted by any part of the troops", he would give a further pledge of the faith of every officer in his command, "provided the suspension is immediately broken off." This frank offer was referred to a committee, which reported that in their opinion it contained nothing "sufficient to induce Congress to recede from their resolution of the 8th of January;" and the report was agreed to March 2, 1778.
This disingenuous resolution of Congress, "that the embarkation be suspended" until the happening of some further contingent event, was returning the poisoned chalice to Burgoyne's lips, being exactly in keeping with his proposition submitted, October 15, 1777, to a council of his officers, "whether it was consistent with public faith, and if so, expedient, to suspend the execution of the treaty and trust to events."