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fent, and approbation, after reflection, my affertions, that in those instances cqually evident.
where I was present, descriptive lifts The committee, in the next article, were not made at all, nor any lifts or mention, " other circumstances attend- signatures proposed, upon suspicion of ing the delivery of the arms and military public faith, or any other ground than stores, which excite strong suspicions that that above specified, of ascertaining the the convention has not been strictly com- prisoners, and the place where they were plied with on the part of Gen. Burgoyne, to be found, in case it should be judged agreeable to its true spirit, and the in- expedient to recall them. tention of the contracting parties.”
It will be for the candour and justice The Congress will be too just to lay of the Congress to consider, that in my any censure upon me for not answering letter to Maj.-Gen. Heath, dated Nov an allegation propounded in such gene. 23. my refusal was founded solely on this ral terms, and the objects of which I do idea, that the application was dishonour not comprehend. As little is it in my able and unprecedented ; and as a farthe power to conceive the objects alluded to proof that the committee have place by the words of the faine paragraph, this refusal in a point of view more i «i former frauds in the conduct of our larming than it deserves, I beg leave enemies.” My consternation in finding refer the Congress to other letters which the British honour in treaties impeached, paffed between Gen, Heath and me upor is the only sentiment I can express upon this subject *, and they will find, tha the subject. The committee proceed to state, as a
• The letters bere referred to. necessary measure for securing the performance of the convention, “the reso- Extrait of a letter from Gen. Hearb, Jan. ai lutions of Congress of the 8th of Novem- 1778. ber last, directing Gen. Howe to cause You are pleased to observe, that in regar to be taken down the names and rank to giving the names, viz. &c. &c. your opi.“ of every commiflioned officer, and the nion not being changed, you are under the name, former place of abode, occupation, ncceflity of referring me to your former leite size, age, and description of every non- upon thac fubjcet ; but at the same time africa: commissioned officer, private soldier, me, that if I will point out to you the instar and all other persons comprehended in ces I alluded to, where fimilar demands has; the convention of Saratoga."
been made by British officers, and comple: It might be thought improper in me with, you will give the matter further conta to renew the arruments used in my letter deration, and further answer; and then cor to Maj.-Gen. Heath, dated Nov. 23.
clude, “ that in Canada I know the chi
was directly the reverse." As your Esce which has been already under the confi.
Jency appears inclined to appeal to the con deration of the Congress, and upon
duct of the officers in Canada, I will gie. which they have decided, respecting the
you an instance, and a recent one too, froe impoling new conditions, by inliiting ihat quarter, which I think will be fully fal : upon the descriptive lift ; but I am un- ficient without mentioning others. The & der the necessity of repretenting, that the merican officers and foldiers taken by the committee have not attended to the army under your command at and near T words of my letter, when they observe, conderoga, and sent down to Canada, an " I am totally mistaken in my appeal.” now returned home under parole. Thci I do not mean to deny that the prisoners treatment was as follows, which I have from names, countries, and towns, were ta: a Capt. Walcott, of Col. Marthall's rept ken down in Canada. I always knew ment: When they got to Quebec, the off they were; and for this plain reason, cers gave their paroles, and directly after that they bound themselves to return to they were all sent on board the man of wa Canada upon a demand, and it was there. indiscriminately with the priviles; and they
were told by she officers on board, that they fore necessary to know their abodes.
knew no cifference between them, as they The committee do not state that de
looked upon the government that made scriptive lists were taken, and I believe
them to be nothing; and before they were them too accurate to have omitted a cir:
fent home, the following descripcions were cumstance so material to make the cales taken of the foldiers, viz. their names, the parallel ; but were it otherwise in any province, country, and rown where i beybee instances to which I have been a stranger longed to, age, lize, and complexion. Of in Canada, I venture still to persevere in ficers and men being intermixed togethet,
when a precedent was produced, I only refusal of descriptive lists, my former required time to convince myself the pa- conduct, and more especially the confirallel held; and though, from an unhap. deration, “that nine days previous to py affair, to which my time has been ne- this refufal, I had, without just cause ceffarily devoted, and the period for the given, declared, in a letter to Gen. delivery of such lifts not preffing, I with Gates, that the public faith plighted in held my final answer, I am perfuaded the convention of Saratoga, was broken Gen. Heath, and those of his officers on the part of the States ;” and great with whom I have conversed upon the Itrefs is laid, that my declaration was fi.bject, plainly saw I meant to comply not dropped in a hafty expreffion, dicvon the precedent, as stated in his let. tated by sudden passion, but is delivered Oor of the 21st of January.
as a deliberate act of judgement. I confefs, Sir, that feeling for the ho. I am to unfortunate not to have preour of Sir Guy Carleton, who com- served any copy of a letter ftated to be zided at Canada at the time, as every of such serious consequence; but that in does who knows him, I find it im- very circumstance, joined to the confile to leave unnoticed the matter scious rectitude of my own intentions, is Gan, Heath has thought proper to inter- to myself a proof that it cannot bear the mur with his precedent, in the letter re- interpretation the committee give it, if terred to: and I take leave, for one taken upon the general context. moment's digrcffion, to observe, that I well remember, that I meant to indet own officers, of all ranks, in the form Gen, Gates, that the treaty was not brod-service, are allowed no more than complied with in respect to the stipulaLe quarters of a ration on board any tion of quartering officers; and in whatci cur ships, nor is any distinction of ra. ever words I may have expressed that tin made for our officers of any rank, idea, though I do not retain them in my it being supposed that they supply them.
memory, I will venture to pronounce, kives, at their private expence, with
that upon an impartial revision, and comw crent fare.
pared with attendant circumstances, they The committee have thought proper would be found to amount ito no more to blend with their observation upon my
than a call upon Gen. Gates to see the
complaint redressed. bad two thirds of a ration per day without To prove that such a call was warrantfaction. After mentioning these instan. ed, I transinit herewith the reports of mur, I hope you will have no further the British and German corps *, both Cardion in complying with the requisition
respecting fent you for taking the descriptions of the troca of the convention. I am, &c.
• Substance of the remonftrances made to the GeneLi-Gen. Burgoyne.
rally the commanding officers of the troops of
the convention, soon after their arrival at Cama Aletter from Li-Gen. Burgoyne to Maj.-Gen. bridge. Hab, Jan. 24. 1778.
The di&tates of humanity, as well as our SIR, I Mould have answered your letter, duty, prompt us to lay before your Excels received the day before yesterday, sooner, Jency our humble representation on the state be: the bolinefs of the court martial (40.251] of ourselves, and of the officers and soldiers has taken up my whole time. The officers under our command. We beg of your Exfalces have beeu ordered in; they will be cellency to interest yourself for us, and, by fafely kept at my quarters, and I will be your remonftrances, to remedy the ill create refponfibic for their not being returned to ment which we now undergo, and of which ; the officers while they remain here. There we have but too much reason to complain. fufees are po part of the public stores; they According to one of the articles of the condre private property: it you make a point vention which your Excellency made with ; of their being given into your custody, I Maj. Gen. Gates, it was agreed, that the | Bun beg a little time to reflect upon it. officers Should be conveniently lodged, acWith regard to the other matter, concerning cording to their different ranks. Instead of the personal descriprions of the iroops, I this article being fulfilled, we are put into Daß give i: serious consideration ; and I barracks, made of single boards; five, Gx, Onceive the delay cannot be attended with and seven officers in one room, without any aay disappointment, as any time before the distinction of rank. imbarkation will cqually answer the purpose The foldiers barracks, in general, are so or which you require il. I am, &c. very bad, that thic men are not sheltered Maj. Gco. Hcach. J. BURGOXNE. from the cold, or rain, though they have of