they had reafon to expect from their rank, and the terms of capitulation? The authors already mentioned are obliged to acknowledge, that the British commanders had made a requifition of fome deviation from the terms of convention, which they fay was rather unlucky in point of time. They had requested the embarkation of the convention troops, either at the found, near New York, or at Rhode Ifland, inftead of Boston, which was the place appointed for their departure. And in confequence of the hope entertained that this propofal would have been complied with, the tranfports for the conveyance were af fembled at Rhode Island. The congress refused to comply with this requifition, alledging that it afforded grounds of fufpicion, that the meafure was propo⇒ fed merely to afford an opportunity to the convention troops, to join their fellows with an intention of mak ing some pretence for evading or breaking the terms of capitulation, and continuing to act in America to the great detriment of the common caufe. What con-firmed this fufpicion, they faid, was, that the 26 transports which were provided at Rhode Island were infufficient for the conveyance of 5 or 6000 men in a winter voyage to Europe: and that in the prefent state of things, with refpect to provisions both in the Bri tifh fleet and army, it was fcarcely poffible that they could have been victualled for fo long a voyage and fo great a number of men in fo fhort a time. When all these things are confidered it will not appear fo plain that the Americans tranfgreffed the articles of convention; but that if there was any infringement of them, that it was on the part of Great Britain and her officers. But what confirms the matter, that the colonists did not break the convention, is, what General Burgoyne declared in the House of Commons,

namely,

namely, that the convention was not broken, but fuf pended, which was owing to our own government not ratifying the agreement. It appears now perfectly

clear from what that General hath himself acknowledged, that the Americans have had good reasons for what they have done ; and all that the hirelings of the court have faid is no more than that common flander which they threw forth against all whom they do not confider in their interest.

The colonists on their part accuse our armies of the greatest barbarities and cruelty, which they executed upon inoffenfive women, old men, and children, unprovoked, and for no reafon, unless to fatisfy an innate principle of wanton favageneis, equal to that of their brethren of the Indian tribes. It were to be wifhed . that the British troops had behaved with more humanity, both for the fake of their own character and that of the nation they belonged to; but when the caufes and first principles of the war are confidered, the execution and effects of it could not be well expected to be otherwife than they have happened. The Americans were first painted in all the ugly and detestible colours of difaffection and rebellion, and reprefented as a people of the most abominable and factious principles; unworthy of favour, fair play, or even exiftence. Men in a military profeflion are not in general over nice in examining the truth of government defcriptions; they are its fervants, and reckon themfelves obliged to obey the mandates thereof implicitly. The feveral acts of feverity which they commit, they generally impute to their orders, and confider the actions and the guilt which attends them, the proper ty of their employers. Slaughter to them appears in the fame light with their other military exercises, a ne

ceffary

1

ceffary effect of fuperior command, for which the first authority is only accountable. The burning of Afɑpus, and killing fo many unarmed people, though it may appear to thofe who view objects in a moral light as fhockingly cruel, in the first inftance, yet to foldiers it appears no more than an accident of war, with which no man's confcience was concerned.

It is fomewhat furprising, that the humanity with which General Gates treated General Burgoyne and his army, fhould not have had fome effect upon the fu ture conduct of our army, and made them more merciful to people who had fhewn fo much clemency to their brethren. Yet all this favour and politeness thewn by the colonists was repaid by fresh and repeated acts of military barbarity, Such is the caprice of erroneous principles when once they are affumed, that they difpofe men to reafon prepofterously and to draw conclufions that cannot be juftly inferred from any data given in reafon or human nature. It was argued in defence of British cruelty that the objects thereof were rebels, and that no cruelty to fuch was unjuft; that it came not under the notion of cruelty, but juftice, which was abfolutely neceffary to fupport the honours of the laws and the government. That the mercy fhewn by the Americans proceeded from a consciousness of their error and guilt, or from an hypocritical policy to throw a reproach upon our army, by unprincipled acts of clemency.This method of reafoning proceeded upon taking for granted a point which is yet exceedingly doubtful; namely that the grounds of the war on the part of Britain were fufficiently clear and juft; and that the principles of rebel· lion on the fide of the colonists were abundantly plain from our laws and conftitution. Thefe are points

which ought to have been self-evident before the war had been begun; and beyond all fufpicion before it had been carried on with fo much severity and bloodthed.

Whatever might be the opinions of the ministry, the nation in general were of a different opinion; the people were fhocked at the reports of fuch unprovoked acts of barbarity, and spoke with great freedom concerning the authors of the war. -

The common people in general, by following nature more closely than thofe in high life, judge with more impartiality concerning right and wrong; their minds are not warped by the prejudices of party, nor entangled in the toils of court fophiftry and intrigue.Vox populi-vox Dei, is a more univerfal rule than a great many people will allow it be; the people, undefs when very powerful means are used to corrupt them, feldom judge wrong concerning public affairs; and though by courtiers and minifterial demagogues, they are accounted the fcum of the earth, yet they are rather the falt thereof, from whence the favour of truth flows, and is difcerned among them when it is to be perceived no where else.

As the congrefs were inexorable with regard to all the folicitations and remonftrances of General Burgoyne and the British officers, and their meafures appeared now to be fettled points with them. It was alledged, that their refolution, which fufpended the ratification of the convention of Saratoga, proceeded from the expectation of the ratification of a treaty between them and France; and that they only made the non-ratification of the convention by Great Britain a pretence for their not fulfilling their part of the agreeAll this is exceedingly problematical.

ment.

Tho thefe

thefe circumftances might each of them have their pas ticular influence, yet they had warrantable groups to fufpend the convention. It was neceffary that the quarters of the convention troops fhould be discharg ed by the government of Great Britain, which as yet had taken no fteps for that purpose, nor given any fecurity for defraying the expences which the troops had incurred during their stay at Bofton. There is no doubt but as they had reasonable caufes for fufpending the convention, that they had also other political reafons for making use of these caufes. They were clofely preffed by a part of the King's forces, at that time in actual poffeffion of the most confiderable of their cities, for greatnefs, wealth, and commanding fituation, they confidered that fuffering thofe convention troops to be sent to Europe from whence they might be eafily replaced, would turn the fcales of war against them, and therefore as they had fufficient proofs of the troops having in fome inftances tranfgref fed the convention, though they might have in other cafes overlooked fuch a tranfgreffion yet as their own fafety depended much upon the opportunity they now had of taking the advantage thereof, they reckoned themfelves fufficiently justified in what they did. It is not in any degree doubtful that our miniftry, notwithstanding all their complaints of infidelity on the part of the colonists, would have taken the fame advantage of circumftances of the fame nature.

It does not however appear that the Americans were influenced by any certainty of the treaty with France, when they paffed their refolution fufpending the ratification of the convention, for the refolution was paffed on the 8th of January, and the ratification of the treaty did not arrive in America till the 2d of May.