- ' ■ , E N D I X A P P T O T H E CANADA PAPERS, Relating principally to the Convention Army after its Arrival in the Neighbourhood of Bofton, in the Years 1777 and 1778. Dear Sir, Philadelphia , 8 th Nov. 1777. BY Lieutenant Vellancy, who arrived here on the 31ft of Oftober with your ditpatches from Albany, I received with infinite concern the particular account of your misfortune. The lofs of your fervices with the fervices of General Phillips in this country, I exceedingly regret, and ft nee : the fortune of war has thrown you both out of that line, i mall requeft the Admiral to fend a frigate for you, and necefiary tranfports for the conveyance of the troops, as loon as they can be got ready and victualled : but as there 1S h r ^ e P r0 ‘Pf” of light tranfports being able to get round to Bofton at this late feafon of the year, it is thought moft advifeable to fend them with the frigate to Rhode Ifland, from whence you will be advifed of their arrival, and I hope, on the above confideration, you will get permiffion to embark from New- port or fome convenient port in the found ; othenvile it will be impoflible for the troops to be embarked before the fpring. With the moft perfect refpeCt, 1 have the honour to be. Dear Sir, Your moft obedient And moft humble fervant. Lieut. Gen. Burgoyne, at Bofton . W. Howe. \ <5 1 Philadelphia , 14 th November 1777. THE feafon of the year not permitting the tranfports to pro- ceed to Bofton, they are difpatched to Rhode Ifland, at which APPENDIX TO THE place I flatter myfelf you will obtain permiffion to'embark With your troops, as the fpirit of the Convention will not be- infringed in the lmalleft degree by their embarking at that port inftead of Bofton; and under thefe circumftances I am hope- ful you will readily prevail in your application. But fhould it be refu fed, . I can by no means objeft to your returning to Europe, leaving your troops under the dire&ion of Major General Phillips, with orders for the foreign troops to pro- ceed from thence to Plymouth, and the Britifh to Portf- mouth in Great Britain, with all convenient difpatch after the arrival of the tranlports. And if you fhould not obtain permiffion to go to Rhode Ifland, where you will find a fri- gate to receive you, bv fending a letter to Sir Peter Parker, commanding his Majefty’s (hips at that place, the frigate will be lent round to Bofton. With the mofl perfeft refpeft, I have the honour to be. SIR, Lieut. Gen. Burgoyne. at Bojion. Your moft obedient, and moft humble fervant, W. Howe. State of MaffachufetL Bay. utat at, /- Head Quarter s 9 Boflon , Nov. Stb. 1 777, MAJOR General Heath commanding the Eaftern depart- ment being dilpoled to treat Lieutenant General Burgoyne and his officers with politenefs and generality, and the lol- diery with humanity and care, expeas the utmoft attention of General.Burgoyne and his officers to cultivate and ob- ferve ftntf: order and difcipline among the Britifh and Foreign troops, especially in the following particulars, which are laid down as Handing orders, viz. ift. That if any officer fhall exceed the limits of his pa- role, it being a forfeiture of his honour, he is to be imme- diately r confined withm the limits affigned for private men, or if the General fhall think proper, on board the guardfliip 2d, All officers under the rank of Field Officers are to repair to their quarters, and not to abfent them after nine © clock in the evening. . 3 d ’, A ^n- e ° f this State ’ in order to accommo- date the Officers and to prevent impofition, have appointed com- CANADA PAPERS, eommiffaries to fupply the officers and foldiers with variou 9 f or ts of provisions brought to Boft on market, which are to be fold to them at the fame prices as were given for them, and care has been alfo taken that the officers Should be fupphed with liquors at the market price, until they can be procured by themfelves from the town of Newport on the ifland of Rhode Ifland, or fuch other place as may be fixed upon for that purpofe ; no officer or foldier is to purchale any aiticle whatever either by himfelf or others, except of the com- miffaries and grand futler, who are appointed as aforefaid. But in cafe the Council or General Afiembly Shall think proper to difcontinue the fupply ing the officers and foldiery in the manner above-mentioned, or Shall think fit to make any alterations in the mode of lupplying them, this article to be void as far as their order may extend, 4th, The officers will carefully avoid difputes with and every kind of infult or abule to the inhabitants ; Should they receive any they are to enter regular complaints. 5th, The fervants belonging to the officers who are on parole are not to ftroll from their mailer’s quarters ; they may be Sent to the commiflaries or to the giann lutlei, or ride to wait on their mailers when they Shall think proper to ride out, if they (hall be found otherwife, they will be taken up and confined. ta ^ r* J. Keith, D. A. G. WE whofe names are hereunto fubfcribed, being under the restrictions of the Convention made on the 16th of O&ober laft, between Lieutenant General Burgoyne and Major General Gates, do promife and engage on our word and honour, and on the faith of gentlemen, to remain in the quarters affigned us for our refidence in Cambridge, Charles Town, and Medford in the States of Maffachufet’s Bay, and at no times to exceed or pafs the following limits, viz. ’Charles Town Neck at Swan’s Shop, from thence the Cambride road to the croSTway which communicates with the faid road between Mr. Codman’s houfe and fort, No. 3. the faid crolfway out to the road by Mr. Inman s houte, laid road up by Mr. Dana’s houfe, and Captain Stedman s ta\crn round the corner down to Cambridge bridge, the bridge f'om the North end of Cambridge cauieway by Mr. Welfh s Shop the Water Town road to the firft turn beyond the late Lieutenant Governor Oliver’s houfe ? from Deacon Mills a 2 houfe APPENDIX TO THE 'Kdfcfe down the Charles Town road on to Cambride Common, the Menotomy road, faid road up to Cooper’s tavern, from. Snow’s tavern, the road down by the flone magazine, Med- »id bridge, and Charles T. own road by Winter Hill down tn the firfl mentioned bounds (the intermediate roads are within the parole) during our continuance in this State, or unril the continental General, commanding this State, Coun- C 1 ! of laid State, His Excellency General Wafhington, or the Congrefs of the United States fhall order otherwiie; and that we will not diredtly nor indirectly give any intelligence whatfoever to the enemies of the United States, or do or fay any thing in oppofition to, or in prejudice of, die meafures and proceedings of any Congrefs for the faid States during our coin i nuance here as aforelaid, or until we are duly exchanged or discharged ; and that we will alfo at all times duly obferve and obey the rules and regulations already eflablifhed for the government of the camp. ^ Given under our hands at Cambridge in the State of Mailachufet’s Bay, this 9th day of November, in the year o t our Lord 1777. ■ t a/t , , Cambridge, Nov. loth, 1771 . t AM under the neceffity, and I am perfuaded you will partake my concern of returning to you the parole unfigned the b ntifh regiments having unanimoufly inMed that the Convention is infringed in leveral circumilances, but parti- cularly in the article expreffing that every officer fhall be quartered accord.ng to his rank. I am aware, Sir, of your mentions to remove the field officers as a remedy to the or lent inconveniences, and when I had the honour to fee oc 1 apprehended that meafure might have been of ccnfi- -r- uc avail, otherwiie I fhould not have troubled you to :™! nm the P a P er ,‘ 8 ot fince I have had occafion to vifit “i 1 !* ks niytelf, I am in honour and duty, and fulleft : ,- ;on compelled to join my voice with the other officers uert that the quarters allotted to them would be held ‘i- tor gentlemen in their fituation in any part of the world i have leen many jails preferable, and in \L worft of them a man willing to purchafe fpace may generally be indulged lo far as not to cook, eat, and lie at the rate of fix and emht pei ons in a room about eight feet fquare. The officers feel Mkve"there P l !• n ‘° rc S™ VOUily “ r d *i 'J 1 id I jr I ,d I re I lie of ar V* ill d, he ti- be iur ;hc fee to ifit ieft :rs, eld rid. em ght feel i to ro- A CANADA PAPERS. pofeds willing to receive them as lodgers were they at liberty fo to do. The foldiers apartments are likewile much out of repair in many parts. There are many other complaints and cir- curnftances in the regulations want farther explanation, that I will not trouble you with, Sir, becaufe it is my hope and belief, if reafonable men take them into conlideration, they will be eafily redrafted ; but that the article regarding quar- ters fhall be properly fulfilled before any parole is figned, is a fentiment which no individual will depart from. In regard to myfelf, Sir, and General Phillips, I fhall lay little ; our treatment is new to us, though we are not ft rangers to what it is to be in the hands of our enemies. We are fully convinced, Sir, we fhould have no caufe of complaint were the power to redrels us in you; but it the bodies in which the great authorities of your ftate are vefted, have not means or inclinations to inlorce, nor the people hoi'pitality and civilization voluntarily to grant compliance in matters of public faith, we have only to proteft: and to claim a removal to fome other diftrift, not imagining it poffible that the fame ideas fhould fubfift in two parts of America. I have the honour to be, with great perfonal refpe£f, and fenle of your attention, S I R, fo Major Gen. Heath. J. B. SIR, Headquarters^ Bojion , Nov. l uh 9 1777* I HAD the honour to receive yours of yefterday’s date the laft evening — was not a little furprized to find the parole returned unfigned, as I thought every objettion had been ob- viated on Saturday, and your Excellency had aflured me that if the parole was lent up on Sunday morning it fhould be returned figned in the afternoon. I can by no means admit that the Convention is infringed in any inftance. Neceffity has compelled me to quarter a larger number of captains and fubalterns in a room than ufual, but this was by no means to remain. The procuring new quarters for the field officers w T ould make room for others; and as I allured your Excellency no care or attention fhould be wanting in me to make the lituation of the officers as eafy appendix to the eafv and agreeable as circurnftances would admit of, X have teen endeavouring to effc£l it, and hope I lhall fucceed. As to the quarters allotted to the officers being fuch as would not be held fit for gentlemen in their fituation in any part of the world; and although your Excellency may have feen jails preferable, yet I can allure you that the lame quar- ters were built for, allotted to, and occupied by, our own. officers of the fame rank, for their winter quarters, and they Were eafy and contented in them. The officers boarding promifcuoufly in families, where they' can prevail upon the inhabitants to take them in, will be eflablifhing that intercourfe which it is the wilh of the le- giflature as much as poffible to avoid. As to complaints of grievances couched in regulations, I know not of any, the regulations were intended for the good of the inhabitants and foldiery, and lor eftablifhing that order and regularity fo elfentially necelfary under circurnftances like the prelent. That the article regarding the officers quarters fhall be properly fulfilled is my determination, and tnat as loon as poffible, but that they fhall not take the liberty of the limits of a parole before they have figned it, is a relblution that X will not depart from, and I expedt that they govern them- felves accordingly. I am exceedingly unhappy that your Excellency and Ge- neral Phillips have not as vet luch quarters as 1 fincerely wifh or you defire; no endeavours of mine fhall be wanting to effect it, and I can allure you it is the delire of the Council alfo. X muft, defire your Excellency to move into one of the beft houfes that have been taken up, viz. Mrs. Valla IPs or Mr. Inman’s. It will be much more comfortable to yourfelf and agreeable to others, than being in a public houle, and fuch removal fhall not in the leaft abate our endeavours to procure you better quarters. I have the honour to be, with great perfonal refpe£l, Your Excellency’s molt obedient fervant. His Excellency W. Heath. Lieut. Gen, Burgoyne, SIR* S I R, I HAVE the honour of your letter of this clay’s date, and have only to return in anlwer, that till the infringe- ments of the Convention are redrefTed, in regard to the quartering of officers particularly, I cannot confident with my duty or principles, accept perfonally of any othe- ac* commodations than fuch as I am now fubje£led to ; fhould it pleafe the will of your government ito make them worfe, I -perfuade myfelf I (hall continue to perlevere as becomes me. I have the honour to be, &c. Nov. lit)?, 1777. J. B. Major General Heath . _ , Copy of Lieutenant General Burgcyne's Letter to Major General Heat/?. SIR, Nov. 12 th, 1777. NO alteration having yet been made refpe&ing the ac- commodation of the troops, you will not be furprifed at the increafe of my anxiety, and I am perfuaded you will readily .gXcufe the trouble it occafions you. The time elapfed muft have been fufficient to determine what the government, civil and military, is able or dilpofed to do, and 1 requefl from you, Sir, as ipeedy 1 a communica- tion as may be of their final decifion. On the part of the troops, I have to inform you, that the officers are ready to fign the parole propofed, as foon as the terms neceflarily previous to that obligation are fulfilled, and that proper explanation is given relative to fome circum- ftances of the regulations. I am confident the latter are of a nature that will admit of no difficulty when laid before you. Having intimated to you in my letter of yeflerday, my intention of not feparating my lot from that of the army, I Ihould not trouble you with any word at prelent upon the fubjedt of quarters, were it not that the arrival of my bag- .gage and that of Major General Phillips, and the prefent fituation of it upon Cambridge Common, expofe any men deftined to the care of it, to great hardfhips in point of weather, and without a guard I fuppofe the fecurity of our property would be fmall. The houfes you mentioned yefler- day arc fo exceedingly inconvenient, the one in point of fize, and the other in being deficient in eyery article of fur- niture, I vm appendix to the niture, that to occupy cither would make my condition worfe than it is. The houfe of Mr. Temple would certainly fuit me exceedingly well, and fhould the great effential matters of public faith again take fuch a turn as might juftify me in accepting a favour, I fhould certainly hold myfelf obliged to you for your good offices to procure me that particula. qU That nothing maybe left undone by me to accommodate all the matters in agitation, I will defire Major General Phillips to attend you to-morrow morning, it you approve of it, in order to difeufs and regulate every point- u P on which difficulties have already ariten, or upon which they may be forefeen. I have the honour to be, with great perfonal refpett, SIR, Your moll obedient lervant, Mam General Heath. J- Burgoyne. State of Maffachufet 1 s Bay . Headquarters, Bojion , Nov . 14 tb, 1777- PERMIT the , to proceed to the eaftern parts of this State, and return with a load of wood for the ufe of the troops ot Lieutenant General Burgoyne’s army. I do hereby certify that if the or wood is detained the Paid troops only will be {offerers. h Ifafbin^ton, &c. J. Burgoyne, Lt. Gen. ' ;; - SIR, * V i . . : " CANADA PAPERS. g 2 ^ Cambridge , Dec. 4^ HAVING received information that Cornet Grant of the 16th regiment of dragoons is prifoner on board a guardihip, and very feverely treated ; I beg leave, through your means, to make enquiry into the caufe, and alfo to repreterit to you, that he was exchanged by Major General Gates, and that you will find his name in the lift tranfmitted to you from that ge- neral. I have therefore to require his , immediate releafe. 1 take the fame occafion to requeft a lift of all officers ar d diets now prifoners of war in the ftate of Maffachulet s, fpc- cifyinn the times when and the places where they were taken, in-order that I may be enabled to grant relief in money and neceffaries to filch as may have occafion, and I Ihould be glad to know the propereft method of diftributmg luch 1 elief. I am aware, Sir, that yours may not be the proper chann 1 for this application ; bat' in a matter of humanity 1 am con- fident you will not think it a trouble to give it due dire^ton and fupport. 1 am, SIR, Yowr moft obedient fervant, Maj. Gen. Heath. J* E * XiX SIR BY an e’xprefs received this morning from Major Gene- ral Pigot, forwarded by order of Major General Spencer, am informed that tranlports are arrived at Rhoc.e-Iiland, iuf- ficient to convey the troops under the Convention to Great Britain. The leafon of the year makes the pafTage of the tranlports to the port of Bofton very hazardous, it not im- ^Th^lrtttr and fpir it of the treaty being exprefs upon the purpofe of a free and fpeedy paffage to Great Bntam, I con- ceive no objeftion can arife to my app ication for paffports and efcort to march the troops to Providence, and for aonut- fion of fuch fmall craft there as may be neceflary to convey them immediately on board their refpeftive fliips withou go- ing on fhore in Rhode Ifland, the expences for the convey- ance of baggage and other articles incident upon the march and for the embarkation, to be paid by the troops under the fame regulations as upon the march from Aloany. Befides the general propriety of this rtieafure, refpe&ing the troops, muft be, I am perfuaded, particularly acceptable XX APPENDIX TO THF who a on the narr a r " from the prefenArouble^bmr’h 35 'r 7 l!e,es the country tlon > and all other difficulties 6 ^iV r acc °mmoda°- t > accomplith thele Durnnf. } addrefs m yfelf to you. Sir fpefting the execution of the mtatyVnf a " matters re - «on, are now under your dire£tion X ’ J dete ™>nable at Bo- teqoeft the favour of an anfwer as /oon as convenient #4. Ge„. Heath. “ d am > &C ’ ’ J. B. 1 RECEIVED vom' a ft^ art r S ’ „oJI°n, Dec. io, 1777. gening, in which you requefl wITpon^^ 37 ’ 3 the Jaf * s » = " “ knowledge or diredlion of tha? hTno^rabfT witho ' ,t ,h « fed to fignify as muc “ h ft to » “^nenot long fincebeen plea- only had the right of altering the lee rh r ’ 7u , thatC °ngref3 vour opinion, when you deftred me to’f ’ 1 , bei kcve.wasalfo to General Waftington, chn ifTr f °™ ard y° ,|r dir P a tch J>e might obtain the opinion of r ppear ; d n ' cef I>y to him, forwarded, agreeable to your reouett ' & \ that dlf P a tch I hope foon to have an anfwer S ^ if fa " hful hand 5 I communicated to vou • m 't ’ h Wlthout delay frail be that objections wiiHe mad^ t^f ^ « ar e Southward, and I mention i, th V* ° ps marcl,i n g to the the tranfporis ordered round ,7 X ? T «o h ve Eeery exertion in my ^ think proper, cannot, in any rnflance, devSe from rh n' d to y»u ; but I Out the permiffipn of Con^refs Convenc 'on, wrih- ^ °ur other letters have not 'na/TM r t want of attention ; all the prifonp r s o/° ^ Unanfwer ^ for rtclion of council, and after! receive f are Under the d »- to adarefs them on the fubie&s whirh ' ° Ur etters P 2m obliged “e* feveral days elapfe before^ l' ^ can °f and This trouble, however Sir o-’ obtain their anfwer thereby obviate the necelf.tfesif g thToP; e pleaf " e > if 1 can would not have it in the ieaft lelfen °1 foId,er y. a od I but you Will not attribute thenrocr J , appll ? t,n " s «» me . to me. tne P'ocraftmattun of the anfwers C'H ; Congrefs CANADA PAPERS Xxi Con?refs having pafted feme rcfolves refpedling Colonel Campbell and feme Heffian officers, in reference to General Lee, I am informed that he cannot be exchanged until that matter is fettled. Council have ordered their commifiary of prifoners to make me out a lift of all officers and foldiers in this ftate who are prifoners of war, and the time when anti where taken ; wheri I receive it, it (hall be communicated to you ; they alfo inform me, that, upon having the proper evidence of the exchange of Cornet Grant, he ftiall be re- leafed. I requeft you to fend me down a copy of the ex- I DID mvfelf the pleafure to write to you by the officer of dragoons who left this place for Albany about three weeks ago, and I fent you, by the fame occafion, the correct lift you deftred of the troops of the Convention, which I hope you received fafe. The furgeon, who has the charge of ihehofpital at Albany, reports to me that your commifiary refufes to receive the pa- per currency of the country, and infills upon hard money for ail the expenditure. A proceeding fo dire&ly againft your own laws, will, I am perfuaded, be ftrongly reprehended by you, and I have diredted the furgeon to make representations to you for red refs. 1 equally rely, Sir, upon your juftice, to difcountenance fuen perfons as inveigle difeharged men from the hofpital to defert. I am fure you will think it an unfair dealing, in any inftances ; but when it is farther employed to enlift the de- ferters into the continental troops, it becomes a breach, as I underftand, of a refolution of the Congrefs, enforced by the orders of General Wafttington. I cannot pretend to fay, whether the delay of my embarka- tion may belong enough to give me an opportunity of receiv- ing any anfwer to this, or of writing to you again. I beg you to belieye me, at all time , and in all places, mindful of your perfonal civilities, and am. change. • I Lieut. Gen. Burgoyne. I am, SIR, Your moft obedient fervant, W. Heath, M. G. S I R, Cambridge, Dec. 12, 1777 SIR, Your moft obedient fervant, (Signed) J. Burgoyne. SIR, xxu APPENDIX TO THE SIR, Head Quarters, Bojlon , 16, 1 777. YESTERDAY I received, by exprefs, a refolution of the honourable Continental Congrefs, paded the firft of this in- ftant directing that when the troops of the Convention em- bark, it be at the port ftipulated by the Convention of Sara- toga, and no other. I thought it might be agreeable to you to have the earlieft notice of it. I am Your Excellency’s moft obedient fervant, Lieut. Gen . Bur goyne. W. Heath. SIR, Head- Quarters , Dec. 17, 1777. I WAS, a few days ago, honoured with yours of the 25th of November. The packets for Sir William Howe, and the letters for gentlemen in his army, were immediately forwarded to Philadelphia. As I did not confiaer myfelf at liberty to anfwer either of your requefts without firft confulting Congrefs, I have tranf- mitted a copy of your letter to them, and have defired their determination as fpeedily as poflible. As foon as I know the refult, I fhall take the earlieft opportunity of acquainting you with it. I have the honour to be, SIR, Your raoft obedient humble fervant, Lieut. Gen. Bur goyne. G. Washington. .7 .... In Congrefs , Dec. 17 th, 1777 * RESOLVED, that General Washington be directed to inform General Burgoyne, the Congrefs will not receive nor confider any propofition for indulgence or altering the terms of the Convention of Saratoga, unlefs immediately directed to their own body. Extract from the Minutes, (Copy.) Charles Thompson, Sec. SIR, Head- Quarters, Dec. 20, 1778. WHEN I had the honour of addrefling you, on the 17th inftant, I informed you that I had tranfmitted a copy of your letter to Congrefs. The inclofed copy of their refolution pafled upon that fubjeft, which I fend in purfuance of their direction, will fhew you the only anfwer I have obtained to s yoqr I CANADA PAPERS. your proportions. It remains folely with Congrefs to grant the indulgences which you requeft. The bearer will im- mediately return, by whom you may have an opportunity of writing to them. I have the honour to be, With due reipe&, SIR, lfour moft obedient fervant. Lieutenant General Burgoyne.. G. Washington. SIR, Head-Quarters, Bojlon , Dec. 22, 1777. AS the purchafe of provifions, fuel, &c. for your troops, occafions a very confiderable expence to this department, I fhould take it as a favour to be informed by you, whether it will be agreeable to you to make monthly payments for the fupplies which are furnilhed to your troops j or, if you can- not conveniently make monthly payments, that you would advance fuch a fum of money as your circumftan^es will ad- mit of, and that you would pleafe to inform me on what day it fhall be paid, if pra&icable. I obferved, by General Pigot’s letter, which I tranfmitted you the laft week, that a floop load of flour had arrived at Rhode-lfland for the ufe of your troops. 1 am, SIR, Y our obedient fervant, Lieut , Gen . Burgoyne. W. Heath. XXlll *>: SIR, Cambridge , Jan. 3, 1778. AS you made no objection to my propofal of fending a pro- per perfon to Rhode-lfland for a fupply of money for the ufe of tne troops of the Convention, I dire&ed preparation ac- cordingly, and have expelled yefterday and this morning to hear from you, according to your engagement. To avoid any farther delays, I now make a requifition to you that Mr. Qeddes, a6ting paymafter to the troops of the Convention, be furnifhed with a paffport to Rhode-ifland, upon his parole, to return at a proper limited time, and likewife that means may betaken to proeure him a proper efcort, upon his return to Providence, for his fafe conduct to Cambridge, with fuch fums as he fhall be able to obtain. I beg the favour of your anfwer this evening, and Mr. Gedde 3 fhall be ready to wait upon you to-morrow morning (if you think it neceffary) to ihew you the letters he is charged with, ' I fhall appendix to the I fhall be obliged to you for information when your meflen- eer lets out on his return to General Washington. ^ I am, SIR, &c. &c. Maj. Gen. Heath. J. Burgoyne. S I R, Heed- Quarters, Boflon , Jan. 3, 1778. YOURS of this date is juft ’come to hand. Mr. Geddes fhall have a paflport to Rhode- Hland upon calling to-morrow at my quarters, giving his parole, &c. My exprefs will return to the fouthward on Monday or Tuefday next at fartheft. You was pleafed to mention, the other day, a man of war’s coming round to take you to England. The refolve, which I fent'you a copy of this day, fettles the matter as to your going before the troops ; and, upon farther confideratton, I think it would be rather improper for a man of war to come, as a flag, either before or with the tranfports, and your Ex- cellency can be equally accommodated on board a convenient tranfport : I think that fuch a one will be moft proper, and a man of war cannot be admitted into the harbour. ' I am Your Excellency’s obedient fervant, Lieut. Gen. Burgoyne. W. Heath. SIR, Head- Quarters, Bojlon , Jan. 3, 1778, I RECEIVED, the laft evening, per exprefs, a refolve of the honourable Congrefs, of the 19th ult. directing “ That the accounts of all provisions and other neceflaries which al- ready have been, or which hereafter may be, fupplied by the public to prifoners in the power of thefe ftates, fhall be dif- charged, by either receiving from the Britifh commiflary of prifoners, or any of his agents, provifions or other neceflaries, equal in quality and kind to what have been fupplied, or the amount thereof in gold or fllver, at the rate of four (hillings and flxpence fterling for every dollar of the currency of thefe ftates, and that all thefe accounts be liquidated and difeharged previous to the releafe of any prifoners to whom provifions or other neceflaries fhall have been fupplied.” This refolve is prefaced upon Sir William Howe’s requi- fition for provifions to be fent in for the fubfiftence of the American prifoners in his poffeflion, and for the purchafe of fuch neceflaries as they ftand in need of, and the fraudulency of / xx» CANADA PAPERS. l ' of thofe who have counterfeited the continental bills of cre- dit, large fums of which have been iffued. I am alfo direfted to fee “ that all accounts with you are fettled and fully paid, in the fame manner, before the em- barkation of yourfelf, or other officers and troops included in the Convention of Saratoga. I thought it my duty to give your Excellency the earlieit intimation of this order, that you may take fuch fteps as may be neceflary for the fettlement of the accounts, which cannot be fettled by me in any other way than as above directed. I am Your Excellency’s Moft obedient fervant, Lieut. Gen. Burgoyne. Heath. SIR, Cambridge , Jan. 4, 1778. YOUR letter, dated yefterday, is only now come to hand. Mr. Gedd es attends for your pafTport. Though 1 do not pretend to fee all that may be meant in the refolve you tranfmitted me, there is certainly nothing in the words of it which implies the conftruaion you put in re- gard to my perfonal embarkation. As to your allotment of a 44 convenient tranfport for my pafTage, if it is from yourfelf, I am to thank you, Sir, for a fort of infult which the moft haughty man of office would be afhamed of in any other country. However, as I am determined every tranfa&ion concerning this Convention fhall be notorious, and beyond the power of fubterfuge to explain away, I have directed the frigate, toge- ther with the tranfports, to come round, and it will then he for you. Sir, to prohibit the entry of Bofton harbour to any fhips bearing a flag of truce, and declaring they are fent ior the exprefs purpofe of conveying to Great Britain any part of the troops of the Convention. I am, &c. To Maj. Gen. Heath. SIR, Head- Quarters, Bofton , Jan. 5, 1778. YOUR Excellency’s favour of yefterday came duly to hand, and I muft confefs I was not a little furprifed at fome expreftions in it. As, by the Convention, tranfports only are fripulated to re- ceive the troops, I fubmitto you, Sir, whether a hint (if you were even fure that it came from me) that you mould ta-ce a d convenient XXVI APPENDIX TO THE convenient one, rather than introduce a frigate, which is nei ther exptefled or implied in the Convention, merits thofe epi thets which you are pleafed to beftow on me. 1 have ever meant to treat you with politenefs ; and the plighted faith and honour of my country require me to pay ftriX attention to the Convention on their part ; of cou r fe, when tranfports arrive to receive the troops, they will en- ter the harbour •, and if you can find by the Convention that a frigate is to enter for the particular reception of \ourlelf, fhe will not be prohibited ; but if it is rather uncommon for (hips of w'ar to bear flags of truce, and confentingto it in the prefent cafe fhould appear rather to be an aX of politenefs and geuerofity than otherwife, I leave you to your own re- flexion, whether you have made choice of the moft happy expreflluns to obtain it. 1 am Your Excellency’s obedient fervant, Lt. Gen. Lurgoyne . W, Heath* SIR, Cambridge , "Jan. 5, 1778. HAVING confidered the refolution ot tne Congreis, which you tranfmitted to me in your lefer of January 3, relpeX- ing the payment of provifions ; I have alfo attended to the fubfequent paragraph, wherein you inform me vou are di- rected to fee ail accounts with me fettled and fully paid, in the fame manner as refolved in cafe of prifoners, before the embarkation of myfelf. or other officers and troops included in the Convention of Saratoga, can take place. I am decided in my fentiment, that, fhould this refolve and direction be put in execution, the Convention will be grofsly violated in three feparate articles, viz. articles the 2d and 4th, by which the troops have an unconditional right to a free paflage, and without delay, whenever (hips arrive to receive them ; and in article 5th, wherein it is ftipulated, the troops (hall be fuppiien with rations at the fame rate with Ge- neral Gates’s own army. It is undeniable this rate is entirely altered by the mode now prefcribed for the payment. Theimpreffions which a violation of public faith never fail to make upon the word, and the confequences that inevitably enfue, in all political negotiations, when charaXer and con- fidence, as required, would be ample revenge to Great Bri- tain, and the individuals concerned, for the temporary incon- venience r ( CANADA PAPERS. *xvii venience that an undue detention in this country would oc- Caflon. Neverthelefs, being defirous to prove that I am neither rafh nor vindictive upon this fubjedt, I am willing to unite with you in any meaiure that may ftill prevent evils of the mod fermus nature; for this pu'pofe, I defire you to furnifh a paflport to fuch officer as I fhall appoint, to proceed to Gene- ral Gates, who, 1 am informed, is now with the Congrefs. Bearing full in memory what were the fentiments of that effi'er, not Only in regard to the intent and meaning of the ftipulations of the treaty, but alfo in regard to the duty, com- pleatly, and liberally to fulfil them, it may be a fortunate circumftance for all parties that he is nowon the lpot where he can give his own explanation, and thereby fave a treaty, in which his perfonal honour is blended with that of the date, and in which, in confcience, I believe he never meant infraction or prevarication. It might likewife very much conduce to conciliatory mea- fures in paffing the accounts, if a paflport was granted to Mr. Clarke, adting commiJUry-general, to proceed to General Howe, in order to lay before him the account ftated by your commiflary, and to receive his pleafure thereupon ; the refolve of the Congrefs, according to your letter, being prefaced upon a requifition of his Excellency. I wilh to have your anfweras foon as poffible, and that you would detain your meflenger till you hear from me in return to th.it anfwer. 1 have made thefe propofals upon a juft, and what I think a generous, principle, and upon a fuppofition that, by the chances of the feafon, full anfwers may return from the fouth in time to prevent difputes ; but I muft not be underftood as precluding myfelf from what I hold my duty, fhould fhips arrive fooner, viz. to demand means for immediate embarka- . feion. I am, S 1R, &c. YOUR favour of yefterday I duly received, and note the contents. It is my decided fentiment, that the articles to which you refer to prove that the Convention is violated by the late refolution of the honourable Continental Congrefs are not the point, as it has no tendency to caufe an undue detention of yourfelf and troops ; it only requires the pay- ment of juft debts. (Signed) J. Burgoyne. S I R, Head-Barters^ Boflon, Jan. 6, 1778. d 2 Thefe ... XXV111 / APPENDIX TO THE Thefe independent ftates, I prefume, are not infenfible of the importance of that character which depends upon the ftri&eft regard to public faith, and I allure myfelf that they never have, nor ever will be guilty of the leaft infringement of it. I am content that an officer of yours mould proceed to Ge- neral Gates, and will furnifh him with a paflport for the purpofe, Mr. Clarke may alfo have my permiffion to proceed to ©eneral Howe. But as you conceive it to be your duty, fhould the tran- sports arrive in the interim, “ to demand means for imme- diate embarkation,” you will pleafe to obferve, that on my part I fEall alfo demand, previous to fuch embarkation, the fettlement and payment of all accounts, agreeable to the or-, ders of the Congrefs. I am, SIR, Your Excellency’s obedient fervant, Lieut. Gen. Burgoyne. W. Heath, SIR, January Jtb, 1778. IN confequence of your letter of yeflerday, confenting to the propofals made by me of difpatcning an officer to Gene- ral Gates, and Mr. CommifFary Clarke to his Excellency Ge- neral Howe, I have direffed Mr. Clarke to prefs your com- miffary to deliver in his account ; and I beg the favour of you to 2dd fuch orders as may prevent delays. The officer is alfo preparing for his journey, and I fhould hope both thefe gen- tlemen will be ready to fet out on Friday next. I am, SIR, &c. Maj , Gen. Heath . J. Burgoyne. SIR, Cambridge , Jan. 7, 1778. M. GEN. Reidefel has requefted me to apply to you for per- miffion to Captain Willoe, who has acted as his aid de camp du- ring thecampaign,to return to Canada, where his regimentnow is, but upon his parole not to a£t until exchanged. This gentle- man is captain in the 8th regiment Britifh, and it would be much more convenient to his private affairs to pafs fome time in that country than to return to Britain. I imagine, Sir, this application cannot be attended with difficulty, as Captain Willoe, belonging to the army in Canada, had a right, by the Convention, to return thither, and the only reafon he did not 4 make xxuc CANADA PAPERS. make ufe of it at the time others did was, that he thought it an attention to General Reidefel to accompany him to Cambridge. I am, S1K, Your moll obedient fervant, > May. Gen. Heath. J. Burgoyne. g j r Head Reiners, Bofton , Jan.%th^ 177^* YOUR’ two favours of yefterday I have juft received, I find your Excellency was mifinformed as to General Gates s being at Congrefs, he was not at the time of m y laft in- telligence, and whether he is now at Albany or Fifh Hill l cannot fay ; you will therefore pleafe to determine what rout the officer who is dire&ed to him fhall take, an °®S er of mine will attend him, and another will attend Mr Clarke, who muft firft wait upon his Excellency General Wafhington before he goes into Philadelphia. Th„ officers muft give their fpecial paroles, and all letters and papers be examined before they fet out— whether it will be moft pro- per for Mr. Clarke to carry the original accounts, or du- plicates of them is for your determination ; but fhould tranl- ports arrive to-morrow, the accounts, as I have obferved in a former letter, muft be fettled and paid before you Cm ^mention this that you may not be embarraffed fhould Mr. Clark be abfent with the original accounts. , As I am not quite clear with reipeft to Captain Willoe > requeft, I cannot now give iny anfwer thereto. ^ I am, Your Excellency’s moft obedient fervant, Lieut. Gen. Burgoyne. W. Heath. i y; , '/' • g j ^ Cambridge , Jan. 8 th, I77^» I HAVE your letter of to-day, and have no objection to the officer and Mr. Clarke giving the parole you require. I am furprizecl you fhould again repeat the matter relating to the payment of accounts previous to embarkation, who notwithftanding my requifitions to younelf, and repeated through Colonel Henly, I cannot yet obtain a ftate ox the demands you have againft the troops Ox the Convention. XXX APPENDIX TO THE I fhall wave giving any anfwer to this at prefent* when the Hups arrive I fhall know what to demand, and you will judge what you are to refufe. Mr. Clarke fhall be diredted to take the duplicates of the accounts, which I fhould hope might be very foon made out, without creating any further delays, and that he and the officer might fet out on their journies the day after to- morrow. I am, JIT. G . Heath. SIR, &c. J. Burcoyne. SI R, Head Quarters, Lofton, Jan. 2 th, 1778. . MR. Blodget has complained to me of having three build- ings fituate on Winter Hill, and his property, demolifhed and carried off by fome of the foreign troops who are in barracks on that hill, and the documents which he wi l lay before you, will be convincing that his complaint is not ill founded : I am therefore as the fervant and guardian of the public, to lecommend it to your Excellency to pay that at- tention to Mr. Blodget’ s reprefentation, which the confi- derable lofs he has met with intitles him to, and I doubt not your Excellency will afford him the redreis which ju- Itice requires. • I T * 1 am, * \ our Excellency’s moll obedient fervant. Lieut. Gen. Burgoyne. W. Heath. A T* FPOR t t, 1 t Cam } r ^ge, Jan.^th, 1778. *■ CK f has been made to me of a diflurbance which happened at the barracks Wednesday afternoon, for which I am much concerned; and though the provocations from your ioldiers which originally produced it, were of the molt atro- cious natuie, 1 was defirous the offender on our part fhould be properly punifhed (the fufpe&ed perfon was confined ac- cordingly) but Colonel Henley thought proper to make pri- loners eighteen innocent men, and to rejeft the guilty one. ? he ]nnoce , nt me “ are fent on board guardlhips, as alledged by your order. r a It is. not only a duty to my fituation to demand the im- wedl,te ^charge of thefe men, together with a fatisfaSory apology. XXX* CANADA PAPERS. apology, but I alfo mean it as an attention to you, Sir, that I give you an immediate opportunity to difavow fo unjuftifiable a proceeding, as committing men to the worft of prifons upon vague report, caprice, and paflion. lnfults and provocations, at which the moft placid difpofi- tions would revolt, are daily exercited by your troops agai nil the officers and loldiers of this army — regular, decent com- plaints are received by your officers fometimes with haugh- tinefs, fometimes with derifion, but always without redrefs. Thefe evils flow, Sir, from the general tenor of language and of conduct held by Colonel Henley, which encourages his inferiors, and feems calculated to excite them to the moft bloody purpofes. For want of iufhcient information, and not bringing my- felf to believe it poffible the fails as related by common report could be true, I have hitherto declined taking public notice of this man. But upon pofitive ground I now, and hereby, formally accuie Colonel Henley of behaviour hei- noully criminal as an officer, and unbecoming a man, of the moft indecent, violent, vindiifive feverity againft un- armed men, and of intentional murder. I demand prbmpt and latisfaitory juftice, and I will not doubt your readinefs to give it. Whenever you will inform me a proper tribunal is appointed, i will take care that undeniable evidence fhall be produced to fupport the above charges, I am, SIR, See. jTo Major Gen. Heath, J. Burgo YNE. SIR, Head Quarters, Bofion , Jan. gth, 1778. IT is with no fmall concern mat I inform your Excellency of the abufive behaviour of the Britifh (bldiery towards the guards and centinels at Prolpeft Hill, which has for fome time been increafing, and has at length arrived at a height no longer to be borne. Sentries have been repeatedly infulted on their pofts, and at ioine times beat and difarmed (this I muft confefs reflects difhonour on themfelves, for a fentry is never to allow himlelf to be infulted or ahul'ed) prifoners have been frequently refeued from the guards, and the behaviour of the foidiery mutinous and dilorderly in the extreme, of which there was a moft fingular inftance the night xxxii APPENDIX TO THE night before laft — a number of the rioters are fent on board the prifon fhip. As your Excellency informed me foon after your arrival, that you would do all in your power to prelerve order among the troops, I muft call upon you, Sir, to exert your- felf for that purpole; for if the prefent diforderly behaviour of fo many of the foldiery continues, the conlequences will be ferious, for the guards and lentries fhall no longer be intuited. A moft fcandalous practice of counterfeiting paffes has lately been detected, I muft defire you would enquire into the matter, or the innocent will unavoidably fuffer incon- veniences. A lentry was knocked down the night before laft, and * his firelock carried off. I expe£t that effectual meafures will be taken for the return of the firelock immediately ; I muft defire your attention, Sir, to this matter. I have this moment received your favour of yefterday ; I have repeatedly direfted the Commiffary to ftate his ac- counts. He has been endeavouring to compleat them, but has been delayed on account of fome bills in the hands of fome of the purchafers of cattle who are at fome diftance. 1 have ordered him again to complete them, being as anxious as your Excellency for their adjuftment. I am, Your Excellency’s moft obedient fervant, Lieut. Gen. Bur goyne, W. Heath. SIR, I HAVE to acknowledge the receipt of the fubftance of the examination of a German confined for drawing his fword on a fentinel of our army; it was not in my power to an- fwer it yefterday. As I have General Heath’s order not to approve of any puniffiment for crimes againft our troops or the inhabitants, but to confine them on board guardfhips, fo fhall 1 obey thole orders. D. Henley. Cambridge, ybjan. 1778. Commanding Officer. SIR, 1 CANADA PAPERS. XXX1U- \ SIR, Head Quarters t Bojlon , Jan. IC )ih, 1778. YOURS of yefterdayY date I received the laft evening. What provocation you allude to, as having been offered by my troops, I am at a lots to determine.; the iniults and a'oufes which they have received, I will venture to lay, un- lefs I have been moft grollly mi fin formed, are unparalleled, and whether you are willing or unwilling, Sir, offenders lb all no longer pal's with impunity. If it can be made to appear, that any of thofe foldiers fent to the guardfhip by my orders are innocent, they fhall be releafed from their confinement. But with refpeft to fuch as have been guilty of violating my {landing orders of the garrifon, inftead of difavowing or making any apology for the confinement of fuch, be allured, Sir, that I do moft ex- plicitly avow it. And as I have before obferved to your Excellency in a former letter, of which you may be allured, I fhall at all times endeavour to found my orders upon the principles of « honour, realon, and juftice, and not to infringe thofe delicate principles in others;” lo alio be allured, that fuch my orders fhall be obeyed by every officer and foldier placed under my direction, and fuch as have the hardinels to tranfgrels them fhall abide the confequences. I have been informed of late that fome have hinted that fuch of your troops as break my orders, ought to be tried and punifhed by your orders; even the mention of fuch a thing, Sir, I conceive to be (to ufe your own words in a late letter with a little variation) a fort of infult that a man of military erudition in any country, would be afhamed of, as being repugnant to every idea of militaiy difeipline; and from my opinion of your military knowledge, I cannot admit than you ever hinted it. To convince you that it is my fixed determination to en- quire into all abufes, whether committed by my ovvn troops or thofe of the Convention, whilft they remain within my department, I have ordered Colonel Henley under aireft, and appointed a court of enquiry, whereof Brigadiei Geneial Glover is prefident, to examine into the grounds of your complaint, on Wednefday next at ten o’clock, A. M. at Cambridge; and if any complaints have heretofore pafied unredreffed, it is becaufe they have not been laid before me. You hinted to me when 1 had the pleafure of feeing you laft at Cambridge, that one of my officers had been en- e ticing XXXI 7 APPENDIX TO THE ticlng fome of the troops of the Convention to enter our fervice. I then informed you, that if you would fend the complaint, I would immediately bring the officer to trial. You promifed to do it; but I have not as yet received it. I now call upon you, Sir, to exhibit that charge, c . any other that you have to make againft any officer under my command, for pra&ices of that kind, or any other, being with yourfclf determined, Head Quarters, Bo/ion, Jan. 22, 1778. I HAVE repeatedly mentioned to you verbally a jealoufy and uneafineis in the minds of the people, on account of an apprehenlion, that there are in the hands of your officers a number of fulees ; for my own part, I have no apprehenfion of an ill ule being made, of them; but the minds of the people ought moft certainly to be made eafy, which will not be, until they are fatjsfied that the arms are"colle£fcd and de- pofited. 7T.nd as youi Excellency has repeatedly allured me, that they fnould be collected and" put into my hands, I mull defne that it may be done immediately, and would propofe, that a label be fixed to the guard of each piece, with the number, together with the officer’s name, rank, and regiment, which ihaii be entered on a lchedule, the arms then put into a ehfeffi. CANADA PAPERS. 3 t cheft, and delivered to fuch officer as I fhall appoint. I will give my honour for the return of them/ when the officers refpedtively embark. A copy of the fchedule to be left in the hands of fuch officer as you may order. As I conceive this to be but reafonable, I defire a com- pliance may not be delayed. I congratulate you, Sir, on the fafe arrival of your mot* ney. See. I am, Your Excellency’s obedient fervant, Lieutenant General Bur gey ne. W. Heath. SIR, Cambridge , Jan . 24, 1778. I SHOULD have anfwered your letters received the day- before yefterday fooner, but the bufinefs of the court martial has taken up my whole time. The officers’ fufees have been ordered in ; they will be fafely kept at my quarters, and I will be refponfible for their not being returned to the officers, while they remain here. Thefe fufees are no part of the public {lores, they are private property, if you make a point of their being given into your cultody, I mull beg a little time to refleSl upon it. With refpeSl to the other matter concerning the perfonal deferiptions cf the troops, I muft give it lerious confideration, and I conceive the delay cannot be attended with any dilap— pointment, as any time before the embarkation will equally anfvver the purpofe for which you require. I am, S 1 R, Your moll obedient fervant. Major General Heath . J. Burgoyne. orr dviTj I ' ' v * ’Tru’fs EXTRACT FROM GENERAL ORDERS. Head Quarters, Bojlon , Jan. 28, 1 77^* COMPLAINT has been made to the General, that fomc of the officers of the Convention have let up a billiard table in an houfe near the centre of the town of Cambridge, and that company is frequently there at very unleafonable hours, to the difquietude and uneafinefs of the inhabitants. The General means not to prohibit innocent diverfions to thole officers. APPENDIX TO THE officers, but forbids the exercife of them at thofe hours that difeompofe other/,. Ail officers of the Convention are to be at their quarters, and not to be abroad after nine o’clock in the evening, unlefs on lbme very fpecial occafion, and then not without exprefs leave in writing from the commandant of the poft ; ftritt ■obedience is expected .to this order. The patroles are to take up luch as are found contrary thereto, and report them to the commandant, who will tranfmit fuch report to the general. J. Keith/D. A. G. SIR, Head Quarters, Bojlon, Jan. 30, 177?. I SHOULD have anfvvered yours of the 24th fooner, but A multiplicity of bufinefs has prevented. As 1 obferved to your Excellency, in mine of the 22d in- ffcanr, that I had no apprehenfion myfelf of an ill ufe beino- made of the officers’ fufees ; but that it was to fatisfy the minds of the people, who were uneafy, that I defired they might be collected and depofited; and although your declaring that you will be refponiible for their not being returned to the officers, while they remain here, w;ould fatisfy myfelf, yet you lb well know mankind, that I need not obferve to you, that it would not fatisfy the people, and I am confident, that it will be both lor the comfort of your mind and my own, to have tnem* depofited, as I propofed to you, and you may be allured, that private property will ever be held moft facred by me. I muft therefore defire, that you would depofit them agreeable to my propofal, as ioon as may be. As to the perfonal deferiptions of the troops, I conceive that there is more leilure to take them now, than in the hurry that will naturally arife juft before the troops $m’oark, and I fubmit to youjrfelf, whether it will not be lels embarraffino- to you. • .0 - I am, S I R, Your moft obedient fervant, Lieut . Gen . Burgoyne. Heath. SIR, Head-Quarters, Bojion , Feb. 4, 17-78. INCLOSED is a refolve of the honourable Continen- tal Congrefs, which I received per exprefs the lad evening As this refolve will caufe your continuance with us longer than xlxix l CANADA PAPERS. than was expelled, you may be allured, Sir, that no endea- vours of mine Ihall be wanting to make your lituation as agreeable as peffible. I am ^ Your Excellency’s moft obedient fervant, Lieut. Gen . Burgoyne. W. Heath. [The refolution of the Congrefs, with the papers relative to it, are already printed in the Parliamentary Regifter. See the Debates of the Houfe of Commons for 177 ^’ from P Q Z e 204 to Page 217.] SIR, February 4, 177 8 - I HAVE the favour of your letter, and the refolves of Congrefs inclofed. I propofe fending an officer, with a letter to Congrefs, upon the fubjed of thofe refolves, the day after to-morrow, and beg the favour of you to appoint fome officer or other proper perfon to condud him. I likewife think it right Lord Howe fhould be acquainted with thefe refolutions, and therefore you will pleafe to name fuch perfon as you think proper to conduct an officer of mine to his Lordlhip with a copy of the refolves, and would wifh this gentleman might fet out to-morrow morning. I am, SIR, &c. May. Gen. Heath. J* SIR, Head- Quarters, Bojion , Feb. 4, 177&. YOUR favour of this day’s date I have juft received. I have no objection to your fending an officer to Congrefs, and will appoint a perfon to conduct him, agreeable to your re- queft, but fear they will fcarcely be able to proceed fo foon as the day after to-morrow. I am forrv that I cannot grant your requeft of fending to Lord Howe fo foon as you wifh, as I muft firft certify Congrefs that I have delivered you the refolve, before I confent to your tranfmitting it to anv public officer. Your letter to the honourable Meflrs. Hancock and Adams I immediately tranfmitted to them. I am, SIR, Your moft obedient humble fervant, Lieut. Gen . Burgoyne. ^ s tr I APPENDIX TO THE T UAUV'UC C Cambridge , Feb. 6, 1778. I H A VE the favour of your letter, in which you fay you could not furmlh an officer to go with a gentleman from me to Mongrels fo foon as to-day. I alk it as a favour of you to expedite that matter, to let me know how foon a gentleman from you will be ready for tha E i°. ur " c y- „ , 1 SIR, &c. &c. Maj. Gen. Heath . (Signed) J. B. 'vnTTJ?V r J- h f-t U « rter ^ Fojlon^ Feb. 6, 1 778. YOUR favour of this date is juft come to hand. A gen- tleman is now ready, agreeable to your requeft, to attend your officer to Con^refs, and might proceed to-morrow morn- ing ; but, as mv difpatches cannct be compleated, I muft de tarn him until Sunday morning, when he fhall proceed as early as you pleafe. r You will pleafe to tranfmit me the name of the officer whom you propofe to fend, that a pailport, parole, &c. may be prepared. I am, SIR, j T . ^ our obedient fervant, Lieut, Gen. Burgoync. W. Heath. t eJnTTf t> t . ., , Bcjicn , Feb. 6 , 1778. i SHOULD not have failed yefterday to have returned an antwer to your letter, which was brought to me the preceding evening, had it not been for the violence of a diforder which nad feized me near a week before j that diforder ftill continues J° ! riucb , a nd prevents my feeing any one but mv phy- fic.an or doing any bufinefs, even of the moft trifling nature. Under fuch circumftances, you will excufe trie 'if I de- dine to engage with you in converfation upon a fubjed i n vvbich you think the general caufe of humanity, and poffiblr i.ie efTential mterefts of both our countries, are concerned. ' I have the honour to be* SIR, t • . r-' -n Your moft humble fervant. Lmtt. urn. Burgoync. $, Adams. . -p [ ■, Cambridge , Fob. 7 , 1778 AT the fame time I received your anfwer, yefterday creaUr -ad anote from Mr. Hancock, that informed me I ihoufd’ have li CANADA PAPERS. have the honour of feeing him this day, if his health per- mitted, otherwife on Monday next. I take for granted the badnefs of the weather will make it Monday. Impatient as I am to forward my difpatch to Congrefs, you will readilycon- ceive my wifh to poftpone it till after that interview. My aid decamp, Mr. Wilford, {hall be ready to fet out on Tuef- day morning, and I beg the engagement may hold for that time, at all events. 1 am, SIR, occ. &c. Maj . Gen. Heath. J. B, 4 SIR, Head- Quarters, Bojion , Feb. 7, 1778. YOUR favour of this date is juft come to hand. I moft readily confent to the poftponing Mr. Wilford’s journey un- til Tuefday morning. I ,have this moment received feveral letters from Providence, which I do myfelf the pleafure to inclofe. I am, SIR, Your obedient humble fervant, Lieut . Gen. Burgoyne. W. Heath. % l * < ji fr 1, ^ f * SIR, Head- Quarters, B'flon, Feb. 12, 1778. I HAVE juft received a complaint againft a Captain Ather- ton belonging to the troops of the Convention. I am in- formed, fince the complaint was exhibited, that he had de- clared he has not ftgned his parole. I defire to be informed, immediately, why this officer has not figned his parole, after its being left at Cambridge fo long a time, for that purpofe ; and alfo whether there are any other officers belonging to the troops of the Convention who have not given their parole, and the reafon for their negledt. I am, SIR, Your obedient fervant, Lieut. Gen. Burgoyne. W. Heath, SIR, Cambridge, Feb. 12, 177^* I HAVE received your letter of this day’s date, conceived in terms more abrupt and peremptory that I fhould have ima- gined the occafion required, relative to a complaint to you, not fpecifying of what nature, “ againft a Captain Atherton of the troops of the Convention,” I know of no fuch officer in this army as a Captain Atherton. ' g 2 If APPENDIX TO THE If you mean Mr. Atherton the provoft, ftiould he not have given his parole, you profefs to have the authority, and, by fa- tal experience, you know you have the means, to punifh any delinquent upon whom you fhall fix or fuppofe a fault. I defire to be excufed from giving any reafons why perfons have not figned a parole ; Britifh officers not profeffing to have any controul over the confcience. I know of no officers, properly fo called (what the com- miflariate may have done I cannot fay) who have refufed, except the three gentlemen whofe names were left here by Major Sweafy, viz. Captain Jones, Lieutenant Spencer, and Enfign Forfter, of the 24th regiment. I take this occafion to inform you they ftill perfevere in their refufal. The ait is their own, and it is for you to take the courfe you may think proper, - Maj. Gen. Heath. (Signed) J. B. EXTRACT FROM GENERAL ORDERS. Head Quarters , Bo/ion , Feb . 14, 1778. A COURT of Enquiry to fit at Cambridge on Monday next, at ten o clock (A. M*) at fuch place as the prefident fhall appoint, to examine, into the grounds of feveral com- plaints which will be laid before them-, in particular, a com- plaint of Mr. William Warren againft Captain Atherton, a Britifh officer, for threatening his perfon, fcandalizing the country, and going beyond the limits alfigned the officers- — The reafon of a foldier of the guards pricking or ftabbing a Brstifh foldier, in attempting to make his efcape, on Saturday the 7th inftant, on Profpecf Hill — A complaint of Lieute- nant Willcinfon of the 62d regiment, Britifh, of abu'fe offered to him on the evening of the 8th ult. by Serjeant Sweat and a party, of Colonel Brooke’s regiment of guards — -A com- plaint of Captain Sweatenham, a Britifh officer, of abufe re- ceived on the 4th of January, going to the barracks, and alfo Oi his conduct towards the fentry near the commiffary’s ffore, and whether he had any fpecial written pemnffion for being out that night after the time ftipulated in his parole for his being in quarters And a complaint of Mr. Ephraim Mullet againft Enfign Gwin, a Britifh officer, for following him with a drawn bayonet, to be his death, alfo fwearing to »um his father’s houfe, . CANADA PAPERS. Kii Colonel GERRisH, Prefident. Lieut. Col. Wild, Captain Greenwood, Major Gage, Captain Hall. Members. Captain Waftiburn to aft as Judge Advocate— all evidences and perfons concerned to attend the court.. J. Keith, D. A. G. A copy of this was ftnt 14th February to Major of Brigade Kirkman to com - muni cate to all concerned . S X R, Cambridge , March 8 tb> 1/7$. HAVING juft now received through your hands, a letter from Captain Dalrymple, commanding the uno frigate, dated Cape Cod Harbour, 4th March 1778, a; A informing me that 8930 tonnage of tranfport is arrived nder his or- ders, to convey the troops of the Convention > England, / requejl to be informed what part you mean to tab. 1 r*gr . to t embarkation. I (hall be obliged to you for your an.- - on as may be, becaufe in confequence of yc tion I (hall defire your affiftance to convey ar - 1 Cap- tain Dalrymple. Iam, SIR, Your mod 0 -t ... rv. ;t. To Major Gen . Heath . J* SIR, Head Quarters, Boflon , March 8 tb, 1778. YOURS of this date is juft come to hand, in which you obferve that 8930 tonnage of tranfport is arrived at Cape Cod under the orders of Captain Dalrymple, defigned to convey the troops of the Convention to England, and requell that I would inform you what part I mean to take in regai d to the embarkation. . As the honourable Congrefs were pleafed by their relo- lutions of the 8th of January laft (copy of which I did myfelf the honour to tranfmit to your Excellency) fully to determine that matter, I can take no other part than luch as they are pleafed to point out as my duty, to Which 1 (hall felly conform. Any afliftance in my power in con- J veying Yiv A.P PENDIX TO 'THE Capuin tc moft Your Excellency’s J 'uui rv, z? mo ^ tumble fervant, L.UUU Burpoync. • %i T ^ W. Heath. f yl , I FINDING by yonr-anfw erZ^’ of Ei? z^jsm €B£ as foon as ^may' bein' iL th fi PaCfet tranfmitted herewith, the other by' the exchtiS) offi’” 8 d . u P 1,cates » one by. fea. You will have oKd °f« ^“rf f '° S° by land. Me/tfat he has many pri4 t J 1 $*!? army- in^his pofTefEnn • T fa n l/ POr me an • f) p* . : ; T, r j . v 1 V. 3 IT} . < f ) ‘ • \ ; r » -SIR v 5 _ a/. ^ , Youn moft obedient fervant •- i ? WWr. General Heath. T ri™?> . , jp --. J* nURGOYXE, * i&W iu It in • X >.*# 1 OBSERVED ” 78 ’ Cape It CANADA PAPERS. Cape Cod, and perhaps a large quantity of other provifioni may be on board alto. As your Excellency has complained of the high price of provifions here, if it is in your power to take out thofe provifions for the uie of the troops of the Convention, and think, a laving may be made in the expence of fupplies to Great Britain thereby, I ihall have no objedlion to your doing of it, and will afford you as much affiftance as you may Hand in need of to get them up. I am, SIR, Your molt obedient, humble fervant, Lieut. Gen. Burgpyne. W. Heath. .SIR, Head Quarters, Bojlon , March 16th , 1778. IN mine of the 22d January laft, I obferved to your Excellency, as I had done repeatedly before verbally, the jealouly and uneafinefs that iublifted in the minds of the people refpe&ing the officers fuzees, and did therein propofe to you that they fiiould be put into the hands of fuch officer as I fhould appoint to receive them, and pledged my honour that they fhould be fafe kept, and returned to the officers to whom they belong ; you was pleafed to obferve in yours of the 24th of the fame month, that the officers fuzees were ordered to your quarters, and that you would be refponfible for their not being returned to them while they remain here ; and in mine of the 30th, I obferved that fuch a pledge would fatisfy me, but that it would not fatisfy the minds of the people. Their uneafinefs has increafed, and at length led the General Affembly to make a representation to me, by which I am conflrained to defire your Excellency to put them into the hands of Major Pollard, my aid-de-camp, whom I have appointed to receive them in the manner pro- pofed in mine of the 22d January; and I again pledge my honour for the fafe keeping and return of them, agreeable to. my promife in that letter. I affure myfelf that under thefc circumftances you will not hefitate a moment depofiting of them, or think my prefling this matter is in the leaf! un- reafonable. I am. Your Excellency’s moll obedient fervant, W. Heath. S I R, Blent. Gen. Burgoym. Ivi APPENDIX TO THE SIR, Head ^farters, B'Jlon , March IJth, 1778, THE General Alfembly of the State of Maflachufet’s Bay having by their rel'olve of the 13th inftant, expreffed their apprehenfions that there is great reafon to fufpett that iome confiderable part of the troops of the Convention have by fome means fupplied themfelves with fire-arms, and that there is a necefiity that the matter ffiould be immediately' examined into, and fuch mealures purfued as may fecure the lafety of the State in that refpeft. In order, therefore, that the requeft of the General Af- fembly may be carried into execution, you will pleafe to- morrow at ten o’clock, A. M. to make a fti-idl fearch in all the barracks occupied by the Britilh and Foreign troops on Profpe& and Winter Hills. If any fuzees belonging to the officers fhould be found in any of the barracks, they are not to be taken away, the officer’s name and rank to whom they belong, and the barrack and room where they are found, are to be taken down in writing ; but if any mufkets are found in the barracks with the private men, they are to be taken into cuftody, and a receipt given to the perfon who claims them, and a fair entry made of the perfon’s name and arms in a book. You will pleafe to conduft this matter with great pro- priety and good order ; no intuit or abufe is to be offered. The guaids are to behave in a foldier-like manner, you will order the whole garrifon to be under a-ms on their parades, and fo to remain until the fearch is over. Y ou will keep the matter a profound fecret until you have^ made your difpofition for the fearch, you will then wait on General Burgoyne, and acquaint him with your orders, and then proceed and make your fearch. The fearch is to be carefully made in the barracks and fuch places as are moft likely to have arms concealed ; but you are not to fearch the baggage. For all which this fhall be your Efficient warrant. (Signed) Lieut. Cd. Keith , D. A. G . W. Heath, M. G. LIEUTENANT Colonel Keith, Deputy Adjutant Ge- neral to the Provincials, after fearching all the barracks, made a report to General Burgoyne that there were neither fire-arms nor officers fuzees in any of the barracks occupied $ by CANADA ? A ? E R S. lvii 'by the Englifh troops, and only a few fuzees, about ten, be- longing to the officers in the barracks occupied by the Ger- man troops. Cambridge ^ \%tb March , 1778. SIR, Cambridge , March^lh. 1778. I HAVE the favour of yours of March 16th, refpe&ir.g the delivery of the officers fuzees into your hands, I ac- knowledge that the application has been repeatedly made, and my anfwer has been uniform that a lurrender of this property fhould be made to the public tranquility whenever you made a point of it. Since the 30th January, when the laft letter upon this lubjeft pafled, I really imagined that the people had relumed fufficient confidence in their own ftrength to be free from apprehenfion, and that no perlon would prefs a meafure that marked fo uncommon, and per- mit me to add, as it applies not in the remoteft degree to yourfelf, fo indecent a want of trufl in the parole of the Britifh officers, and particularly of myfelf who had anfwered for the care of them. I ftill adhere to my former line of conduft, and whenever Major Pollard or any other officer fhall come to my quarters for this purpofe, they fhall be ffiewn the place where thefe arms are depofited (I think they amount to about forty, rufty and without locks) and I affiure you no obftru&ion fhall be given to their being carried away, but the trouble of marking the leverai officers names will be unneceffary, as I believe no officer means ever to receive them again. I am, SIR, Your rnofl obedient fervant, Maj. Gen. Heath. (Signed) J. Burcoyne. 4 SIR, Head Quarters, Eo/ion, March 18 th, 177 ^* I HAVE received a refolvc of the two Houles of Affembly of this State, paffied on the 13th inftant, in which is the fol- lowing paragraph, << Whereas there is great reafon to fufpefl that fome con- fiderable part of the troops of the Convention have by lome means fupplied themlelves with fire arms, it is therefore neceffiarv inquiry be made thereinto ; it is therefore defired that the Council lignify to General Heath the neceffity of h ^at *t appendix to the that matter being immediately examined, and luch meafures refpea ’’ y h “ n ** may feCUre the fafety of this State in that In confcquencre °f the foregoing, I have direfted Lieutc- Zm KeUh makc a fcarch through the barracks “ orn ' n S? ! n °tder that the General Aflembly and peo- F T ay bc i ' l,lsficd > and a11 lufpicion removed. As theft are the only motives for the fear, I flatter myfelf that it will not give you umbrage. J I am. Your Excellency’s r . ^ _ obedient fervant, Lieut, Gen. Burgoyne. W. Heath. . Co/ovrr v • , , .. Cambridge, March iZth, 1778. Keith delivered to me your favour of this t7A?iT m ? S a ref ° lve ° f the two Houfes of Affembly, andhe bkevvife communicated to me your warrant for his obftruaion 84 h inf ° rm y ° U that he met with no ance to I °V he ? ntraiT ’ eve T attention and affift- employecL ^ Vlllonary P urfuit upon which he was It would be Superfluous and uncivil towards you, Sir, to fa°vThaveT n T f ! Vhich 18 n0t 7 OUr I Aall only } ' . ^ en . ate y . l0 ° tuuch habituated to extraordinary its, to teel lurpnze or agitation at any, and in the prefent inftance, I fincerely alfure you, I And myfelf much more inclined to fmile than to take umbrage. * * I am, & SIR, A/T ■ ~ j, , Your moil obedient fervant. Major Gen. Heath, J. Burooy^ TVTR ! w’ia d -j , Cambridge, March lath, 1778. d ’ my a,d " de ~ cam P> is juft now returned- I have the honour to tranlmit to you copies of all the refolves or trie Congrefs that I have received. As the Congrefs have been fo obliging to leave me a la- tn UC j rn '] e f’ ace ot embarkation, I ptopofe to eo bv wh^nwf^’l re , qUCft y ° Ur P a ff?“K to It o It Sir h Ift y ou?h y e‘V T ree officer C A N A D A P A P E R S. lix i officer commanding the flag of truce to come on fhore for a few hours. By converfation with him upon the provi- fion in the tranfport, the means of landing it, fhould it be thought proper, and the expediency of fparing it from the fhips, a great deal of time might be faved, and conveniencies to our mutual account might enfue ; I mean the officer to be under parole not to convey any unopened letters. I have reafon to believe there is a military cheft on board the Juno for the ufe of thefe troops, I requefl: to know whe- ther you will permit it to be landed and delivered to Major General Phillips, parole being given that there arc no letters nor other papers therein contained. I fhall be obliged to you for an anfwer to this as foon as may be, and fhould wifh alfo to have an interview with you at Cambridge or Bofton, as you may think proper. I am, SIR, &c. To Major General Heath • J. Burgoyne. In Congrefs , March 2 d, 1 7 7 THE committee, to whom the letter from Lieutenant General Burgoyne to the prefldent of the Congrcfs, dated the 1 ith February, No. 1. with the papers inclol'ed was re- ferred, report 44 That they have carefully perufed and duly confidered the letter and papers, and are of opinion, that nothing therein contained is fufficient to induce Congrefs to recede from tli^ir refolves of the 8th of January laft, relpe&ing the Convention of Saratoga.” Whereupon Refolved, That Congrefs agree to the faid report. Extra# from the Minutes. Cha. Thompson, Sec. In Congrefs, Alar oh 3J, 1778. THE committee, to whom the letter from Lieutenant Wilford, aid-de-camp to General Burgoyne, was referred, report, 44 That Lieutenant Wilford be permitted to deliver to the board of war, duplicates of the papers by him prefented to Congrefs, and that the board be directed to forward them to General W’afhington, to be tranfmitted by a flag to Ge- neral Howe without delay; but that Lieutenant Wilford be h 2 not N .( APPEND I, X -TO THE Jf t not permitted perfonally to convey the duplicates either t» General Wafhington or General Howe.” .Refolved, 1 hat Congrefs agree to the report of the com- mittee. r Extradl from the Minutes. (A true Copy) Cha. Thompson, Sec. Horatio Gates , Major Gen . TUr . , In Congrefs, March od, 1778. f B1L committee, to whom was referred the letter No. 2. from Lieutenant General Burgoyne, February 11th with a paper inclofed, brought in a report, which was taken into conlideration. Vv hereupon Refolved, That Lieutenant General Burgoyne on ac- count of his ill -Hate of health, with the officers of his fa- mily and his lervants, be permitted to embark for Great Britain ; that General Heath furnifh the necefiary paff- ports, accepting a parole from Lieutenant General Bur- goyne Lieutenant Colonel Kingfton, and Doftor Wood, that fliould the embarkation of the troops of the Convention of Saratoga be by any means prolonged beyond the time apprehended, thole officers will return to America uoon demand and due notice given, and will deliver themleives imo the power of Congrefs, unlels regularly exchanged.” r Re .,° lV . ed ’. That -Captain Willoe of the '8 th regiment be mrniinerUv-ith a paffport to return to Canada bv way of Hallifax in Nova Scotia, under the region of the parole rdl ? fcu Cnna ; a " tr00 P s in the Convention of Saratoga, till he ihcwl oe regularly exchanged* Kciolved, J I hat it is not expedient to grant the paffports requefted by General Burgoyne for Captain Vigors of the Bib%TfTe1;th‘. eUtenant ‘ Wheat ° f thC 2 ° th ’ orlicuteMnt Extract from the Minutes. Cha. Thompson, Sec, J k R \ dd '* 6 th March, 1778. BY the hands or Lieutenant Wilford on the 26th Fe- bruary, I received the honour of your Excellency's letter o the I.thof that month, No.,, and upon the id inftad ot another letter from your Excellency of the former date, ■ ' thele ln due courle I presented to Congrefs, and I have CANADA PAPERS, have received in charge to tranfmit to your Excellency the three afts undermentioned, which will be found within the prefent cover. ift ? An aft of the 2d March, confirming the aft of Ja- nuary 8th, for fufpending the embarkation of the troops in the Convention of Saratoga. 2d, An aft of the 3d March for enabling Lieutenant Wil- ford to tranfmit certain papers to General Howe, 3d, An aft of the fame date for granting paffports for your Excellency with the officers of your Excellency’s family, and fervants, to embark for Great Britain, and for other purpofes therein refolved. o thefe fever al afts, Sir, I beg leave particularly to refer, as containing all that Congrel's have judged necelfary for me to return to your Excellency’s letters above recited. I have the honour to be, with all proper confideration, SIR, Your Excellency’s obedient and mofl humble fervant. His Excellency Lieut . Gen. Henry Laurens, Burgcyne, Cambridge^ JblaJJacbuJets • Prefiuentof Congrefs. SIR, Cambridge , March 20 tb, 1778. SINCE I had the pleafure of feeing you it has occurred to me and General Reidelel, that Captain Willoe going by Halifax to Canada, may arrive too late at Quebec to pre- vent the clothing deftiued for the troops of the Convention being fent to England, upon the belief that they would be failed from hence before this time. I have therefore to afk you. Sir, whether you have any objeftion to grant a paffport for a German cfficei to go to Canada by the Lakes, and return with the cloathing by lea? and whether you will give fafe conduft for the (hips con- veying the cloatlnng and other neceffaries for the tioops of the Convention, and for the fafe delivery of thofe articles into the hands of the General commanding thofe troops for the time being. Should you not confent to a German officer going, I have to apply to you to convey by a flag of truce of your own, a letter for the above purpofe from me to Sir Guy Carleton or general officer commanding in Canada, fhould Ixil appendix t o the alfo^e g!ad to know, at what time Captain Willoe is to hold nimlelfr in readmcis to embark for Halifax* I am, s : SIR,, - ■ .. , ’ ' Your moft obedient tervant, Mcj.Gm. Heath. . J.Burgovne. * - A ' J \ • ✓ , i i iMMFril Alt? Bqfton, March 2 2, 1778. 1 u P on m Y rcturn t0 place, on Fri- day laft l forwarded your letters to the Caftle, to be Pent on boaid the. cartel, the wind blowing yefterday almoft a hurri- cane, no inte ligance could be obtained from thence, and al- though rt ftill blows frelh, a boat has this moment come up (one o clock 1 . M.). The incloled is the report which I have received from Lieutenant Colonel Revere, I very much fear, that the fchooijer, called the Lady Wafhington, is ei- tner drove on fliore, and beat to pieces, or out to fea in which ca!e, the hands and guard who were on board, muft perilh. As your letters were on board that fchooner, they ml ptobably be loft, I have therefore difpatched a light horleman to your Excellency, that you may forward n^w dnpatches, without lots of time. Having a copy of your let- ter I have fent it that you may fee what were its contents as I oblerved .you did not take a copy. The light horfeman wih wait for your letters, and I will detain the boat until he returns. VV ould afk the favour, that the encloled papers may be returned by the bearer hereof. ‘ ^ ^ I am, Your Excellency’s m °ft obedient fervant, Lieut, Gen. Eurgoyne. W. Heath. C T ]) t r T A r\k „ Cambridge. March '>'> 1 HOLD m y felf exceedingly. obliged, by your attention 7 to my late di (patch, and fhall feel a very fine ere regret, if any lots of men is {uftained on your part. 3 a ^ I return a new letter, word for wo'rd with the old one and have only to reejueft you will add thereto duplicates of ’your P ,° l " ° Captain Dalrvmple tor the feeurity of die tranfports and the lecunty and conveyance of the money. I very much >vifh the cartel to be difpatched to-night, and fhall hope to hear CANADA PAPER S. hear from you to-morrow refpe&ing my applications by my letter of Friday evening, ’ , A , 1 am, with many thanks for your lak favour, .SIR, Your moft obedient fervant, [Signed] J. B. P. S. Mr. Clarke has not yet heard from your Commiflary. g \ R Cambridge , March, 23, 1 ]"]%• I AM forry, fo foon after my laft difpatch to Captain Dai- rymple to trouble you again, but mull particularly requeft the favour of you to fend off the inclofed, without any loft of time ; and if you will be fo obliging to order a good fail- ing boat to go all the way to Cape Cod, I will readily pay any expence that may be neceflary upon that occafioo. r I am, SIR, Your moft obedient fervant. Major General Heath . [Signed] J- B, SIR, Head Quarters, B often, March 2?, 1778. YOUR favour of the 20th inftant came fafe to hand, but being exceedingly prefled with bufinefs, I have not been able fooner to anfwer it. I apprehend that Congrefs could have no more objection to Captain Willoe’s going to Canada by the way of the Lakes, than any other officer, and that as they difapproved of his goin°\ they would equally diiapprove of a German officer s o-oing by that rout, I cannot therefore grant your requeft in that refped. If your Excellency fliould think proper to write to Sir Guy Carleton, or general commander in Canada, I will, with great pleafure, forward it to the commanding officer at Albany, and deflre him, as foon as poflible, to con- vey it by a flag to the firft poft in the pofleflion of the Biitifli troops in Canada. Q I fhall alfo with pleafure grant proteftion to luch flag as may arrive with the clothing and other necellaries, for the troops of the Convention, and as far as is in mv power, fa- cilitate the delivery of the articles (after proper examination) into the hands of the commanding officer of the troops °* the Convention for the Ume being. Captain Willoe null, at Ar rtNDIX TO THE any time, have his paflport to proceed to Halifax, but I can- not lay when a flag will fail for that place. I have given /°l the m ,f/ ll, S ent P re P aration of accounts fof fet- llllT T ? Cy T 1 ?° n l i e /r reacJ y- Mr - CommilTary Clarke will, I belive, hear from Mr. CommifTary Miller this day I am, /# Your Excellency’s T . ~ „ m °A obedient fervant, Lieut. Gen. Burgoyne. W . He at if. , TI ? E J n ^ l0 f ecl I L re Sf lved the laft evening, am exceedingly forry to find that the fleet have returned to Rhode Ifland, as a veflel arrived this morning, reports to havefeen them under laid on yelterday. . * fter ' ookin g over Captain Dalrymple’s letter of the t eth lnltant, I am at a lofs for the real'on of the vi&uallers re- urning to Rhode Ifland with the provifions, as it appears fi om his letter, that they were defigned for the troops of the Convention. The accounts muft be fettled, and 1 fhall “be happy in facilitating them all in my power. I am, Your Excellency’s T . „ moft obedient fervant, Lieut. Gen. Burgoyne. w. Heath. 1 T>Y . Philadelphia, Fel. 5, 1778. B\ advices received from Rhode Ifland, tranfinming to me a copy of a letter from General Heath to Lieutenant General Burgoyne (copy of which is inclofed) I am inform- • v ft 'r* ictcrm,ne ; 1 to detain General Burgovne’s troops m New England, until all demands for their provifions, and other neceflar.es, are latisfied, and that this determination is grounded, not only upon a requifition of mine for provifions to be rent in for the fubfiftence of the prifoners i n P m y pof- teffion, and for the purchafe of other necelTaries, but upon a forgery by my agents, cmiffaries, and abettors, of what are fll he d ?" tln , c " tal blUs ° f . credit - This laft allegation is too liberal to deferve a fenouS anfwer. With regard to the other, I know not from what expreffion, in any of my letters t. you it has been underftood, that I made the requifition al- luded to. \ ou know that the allowance of provifions to priio- ners C A N A D A P A P E R S. Ixv Rcrs from the beginning of my command, has been equal in quantity and quality to what is given to our own troops not on iervice. If you had thought this inefficient, you might have dire&ed a farther iupply from the markets, and were likewife at liberty to lend in whatever articles you thought proper from the country. The allowance of fuel has been alfo regulated, as well as our means would admit, and a fimilar permiffion of purchafe or fupply from you, has never been refufed. My letter of the 21 ft of April laft, explained to you the ex- tent afforded to the prifoners ; cloathing, and fome other ne- ceflaries, they had a right to expert from thole who had been the occafion of their being expofed to the chance of captivity, and that idea I have ever underllood to be mutual. Butnot- withftanding the remonllrances I made to you upon that point, finding that fupplies were not lent in, my humanity interpofed on behalf of the unfortunate men in our pofleffion , and on a late reprefentation of their diftrefs, I permitted in this city, the purchafe of blanketting, and fuch other necef- faries as the leverity of the winter required, and without which they muft abfolutely have perifhed. Confident, as I am, that you will acknowledge this to be a juft recital of fails, I cannot but think it unneceftary to fay any thing farther, either upon the cruelty falfely alledged to have been exercifed againft the prifoners, or the unjuft re- flexions you have been fo often induced to tranfmit to me upon that head. In confideration, however, of the real and unavoidable di- ft relies of the prifoners on both fides, as well as to put an end to all fmitlefs altercation on the fubjeX, 1 fha.ll confent to an immediate exchange of all prifoners now in our poffeffion, as well officers as private men, fo far as the numbei of the lat- ter, and parity of the rank of the former, will admit. _ In the mean time, I fh all wait the arrival here of the Bntifh. officers, whom you have releafed upon their paroles, and fhall, without delay, fend an equal number to you in return. With regard to the accompt for provifions and other necef- faries, which I find by General Heath’s letter, is become a pretext for infringing, if it is not intended as an ablolute breach of the Convention of Saratoga, I do readily agree to the immediate appointment of commiffioners, on your pait and on mine, to fettle that accompt, together with all other accompts for provifions, 6cc. furnillied the prifoners on either fide, and to make payment of the balance. 9 ; You lxvi APPENDIX TO THE You have only to name your commiflioners (two will, I think, be fufficient) and appoint a convenient place and time for their meeting two gentlemen on my part, to terminate the bulinefs. The exchange of prifoners, and the accommoda- tion of the difference that has fo long fubfifted between us upon that fcore, may be acljufted at the fame time by the fame commiflioners, upon an equitable plan as formerly pro- pofed by yourfelf. Thefe proportions, founded as they in great meafure are, upon your own fuggeftions, I confider as now mutuallya greed upon between us, and therefore I muft hope to find, that you are capable of carrying them finally into execution, without permitting any let of men to interfere, at their pleafure, with luch authority as has been veiled in you, for the exchange of prifoners, and for the decilion of all matters relating to them. As I have no objection to the earlieft meeting of the com- miflioners for completing the exchange and liquidating tho accounts, I truft there will be no new impediment to the re- leale of General Burgoyne’s troops, but that you will give immediately fuch orders for their embarkation upon the ar- rival of the tranfports at Bolton, as will remove every diffi- culty. P. S. Your letters of the 20th and 30th January are re- ceived, and lhall be aniwered in a few days. I RECEIVED yefterday the favour of your letter of the 5th inftant. In anfwer to whatever it contains concerning General Burgoyne’s army, and the meafures adopted relative to it, I have only to inform you, this is a matter in which I have never had the leaft dire&ion. It lies wholly with Con- grefs, and the propofals you make on this head muft be fub- mitted to them. 1 have accordingly tranfmitted a copy of your letter, and I fhall be ready to forward you any refolu- tions they may take in confequence. I fhall omit animadverting on your obfervations, with re- gard to the allowance and treatment to prifoners in your With due refprtt T am, Your moft obedient fervant, Gen . Wajhhigion , istc. &c. (Signed) W. H< W. Howe. t S I R, Head Quarters, Feb. 10, 1 7 78. hands ; l CANADA PAPERS. hands ; it is a fubjeft which ne«ffiw of a further — *• Congrefs, and mull ot co \ j* nper, ^ f ° Uy aut horifed by fiances, to prefcribe. B ° to avail mvielf of the rea- their inftru&ions and intenti » -p- ' Q a( j 0 pt for the fonable terms you are at t 15 lo f e w ith your mutual relief of pnfoners, I Ihall explicitly proportions to the following eftett. poffeffion. That an exchange of all pnfoners now ^ fo officer for officer, foldiei or » carried into execution far as number and rank will app y, admit, and as expeditioufly as *e - “r rt °/ d fit thich might prove without regard to any con F ^ here, as j ma y an impediment to \o defira e * , e ou {w “ la not clearly und T e J? a ^ d ^kTaniv^of the Britifh officers, the mean time I ihall wa oa roles, and ffiall, with- whom you have releafed in return I take out delay, lend an equal , ( - j to favour me with an occafion to requeft you will fuch officers on explanation, whethei yoa int obligation of a parole, both (ides, as Ml continuing under the general car- or as ablolutely exchange , !r o. ua l exchange Ihould not tel. I fee no reafon why an effectual excn.ng at once operate with refpeft TO them. u meet a I alfo agree, that two comm.ffionets from ^ Ger _ difference £ "fafi tu otTr "nSters as they may be feverally em- powered to determine. r1m ent of accounts, as it P With refpea to a g^lfjfaTno Authority to inter- comprehends points with w in the meafure you fere, it is not in my power o concm of refer . fugged for that purpofe. 1 am unaei ring it to the decifion of Congre s. r 11 v agreed on be- Confidering a gens.1 « 4? ?Ze«, in out. tween us, I ffiall, without deby o de, t P fts> hands, to places in the vicinity ot you^ ^ and tkeir refpe&ivc fituauons may render mo (hall X 2 ixV* hviii appendix to the H.all give you notice as they arrive, that you may return * number equal to thofe Cent in from time to time. 7 I am, with due reipeft, SIR, ^ OL1r moft obedient fervant, G'mral Bow,, bfc. Isle. Ge °' WASH ‘ N °TOtt. T HA vr ‘ j i r Philadelphia, Feb . 14 177$, I HA\ E received the favour of your letter of the ,oth inllant, m confcquence of which I fhall fend two commit' day Appointed! ' h ° ft ° n ^ ^ Town, - to * a Zr a l dl i ftreii ' eS ,'J Iu< i- h fram 100 good authority I under. Hand the lower clafs of pnloners labour under, induce me to requeft you w, 11 g.ve fuel, direftions as may expedite th^ex change of the non-commiffioned officers and private men fo the mode you have propofed; and as the forefoners and Rri j be e , <1Uall>r dd,rous of their liberty” and equally conhdered in the general releafe, I truft you will direft that t .- p. doners tent in, are proportioned as nearly as the num bets oyeach m your poffeffion and their fituation will admit \V,th re, peft to the exchange of comniithoned office^ you w 11 Pen™ me to premife, that this inuft be governed b^the releafe of the Heffian field officers taken t- „ ^ th f Lieutenant Colonel Archibald Campbell of the TiTre "ime^/ who have not only been lon^eft confined hni-^H u- i 1Cnt ’ been the objefh If particufar ex"’, & ex" ' for thole gentlemen, as well as for the other officers wdf tK take place, as is agreed upon. This will explain'd,? * " mg of the paragraph in my letter quoted by vou with le' fpeft to the releafe of officers upon parole nrJr t^\l, “ offi ° f H' T? 3 "' Colonel Campbell, and die Heffian field Officers— I defire to be underftood thir In r • n , hel ^ change the officers and foldiers belonmnc to the armT mantled by Lieutenant General BurySyme who ZTV ? m ‘ prior to foe Convention of Saratoga hre , nen ^ ken ; within thtkdefcription of prifoncts, “equally witlfthofe o/fol arm} more immediately under my command. 14 i t leems necefiary, with regard to citizens tnnofl i cxcltange of tlicip, until the meeting of the comjffioners' who I CANADA PAPERS. who by a perfenal difcuffion, may finally afcertain the di- itinCtions and equality of the perfons to be exchang'd. With duerefpeCV, I am. S I R, Y our moft obedient fervant, !G(n. Wajhingtw, &c. &c. (Signed) W. Howe. SIR, _ Cambridge , March 26, 1778. THE commanding officer of your troops not being at Cam- bridge, I am under the necelfity of troubling you & vvith the incloied complaint from Lieutenant Batterfbv, an officer of the Convention. He is now in the guard-houle, which I think, you will argee with me, is an improper place for an officer, though Ire might, in the firft inftance, be in the wrong. Should an officer endanger his parole, by being out at an improper hour, his being put in arreft, or confined to the li- mits of the barracks, till the affair was enquired into, 1 fhould think the worfl that could happen to him in any country. I fhould be obliged. Sir, if you would releafe Mr. Battcrf- by from his prefent difagreeable fituation. I am, Y our moffc obedient fervant. Major Gen. Heath . J. Burcoyne. SIR, Head Quarters, Bofton, March 27, 1 7 78. YOL'R favour of yefterday, enclofing a complaint of Lieutenant Batterfby, came to hand the laft evening, and was new and furprifing to me, as the leaf! hint of it had not been communicated by my officers. Strict order and diicipline are conftantly inculcated and re- quired in my orders, and always where it refpedts officers whether Continental or of the Convention, that delicacy which is due to the character of the officer and the gentleman is ftriCtly enjoined. The time of night when the lieute- nant was taken up, and the terms of his parole, might pro- perly fubjeCt him to confinement until the morning. This, however, ought to have been in the officer’s room, and not with common prifoncrs. But you are fenfible that the officers of the guards, although men of the belt characters, are not lb fully acquainted with the refinements of military diicipline as were to be wifbed. It mult, therefore, be confidered as an error A.P PENDIX TO THE error of judgment, and from the beft intelligence, it is an error which has been frequently committed during the pre- fent war, efpecially at New York, where our unfortunate officers are often fent to the provoft for the lmallefl trifles, and lbmetimes they know not for what, and there remain tor weeks It is a proceeding, however, which 1 equally deteit, both there and here, and have ordered Colonel Keith to re- leafe Lieutenant Batterfby immediately, which fhould have been done the next morning after his confinement, had it Joeen reported to me. Lieut, Gen. Burgoync . am, Your Excellency’s moft obedient fervant, W. Heath. \ SIR Cambridge , March 27? 1 HAVE the favour of yours of the 26th, together with a letter from Captain Brathwaite, and am concerned at the precipitate departure of the fleet, which I take for granted, proceeded from Captain Braithwaite not thinking himielf authorised to delay the execution of Lord Howe’s orders. 1 am the more concerned, as I find by Mr. Mefereau, who is iuil returned from Rhode Ifland, that Lord Howe and Gene- ral Pigot expefted the provifion would be landed. There is no my fiery in the particular departure of the vi&uallers loaded with flour, they being clearly intended as an additional {lore for the troops upon their paffage, and could never be originally defigned for their ufe on fliore, becaufe at the time they and the reft of the fleet failed from Rhode Ifland, it could not have been in the contemplation of Lord Howe, that the troops would be detained on fliore a Angle day after their ar- In anfwer to the paragraph, which fays the accounts muft be fettled, I am induced to ftate to you fome remarks upon mv fixation, and I beg you to confidcr them as a very folemn remonftrance. . '] he relolve of Congrefs, refpeamg my departure tor England, is framed moft accurately and moft attentively, in favour of my journey ; it takes the very words of my ap- plication, in 'the mention of my health, and of my going by Rhode Ifland, or other more expeditious route ; both thele cir- cumftances clearly demonftrate, the Congrefs meant no delay, and their dire&ions to you to furnilh paffiports are exprefs and uncon- wnyjuMii "* kfliHnHBBH CANADA PAPERS. unconditional, except in the cireumftance of receiving from me a parole to return to America, upon the call of the Con- grefs, &c. &c. Had other conditions been neceffary, it is not to be fup- pofed, they would have been overlooked ; but the plain con- ftruttion of the vote proves yet more, for the conditional pa- role required, if it does not in effeft cancel the vote of the 19th of December, “ it at lead: puts an end to all pretence of neceflity 'for it at this time, becaufe I fhall be as much under the controul of the Congrefs in England as in Cam- bridge, and as liable to be brought back upon any difputes in fettling the accounts, as upon any other cireumftance, which you will obferve, is a fituation quite different from that I flood in at the time the vote was paffed for my detention in December. The luppofttion that the Congrefs meant to releafe me with one hand and to fetter me with the other, is an idea too in- jurious for me to conceive. Upon theie confiderations, I again claim of you my paffports for Rhode Illand, in virtue of the refolve, of which you have a copy, and I am with the other gentlemen concerned, ready to ftgn the parole therein required. To this claim I muft adhere, but being ftill de- lirous to accommodate matters according to your wifhes, if poflible, I will confent to poftpone my journey till Wednef- day, provided you will compel your commiffary (for no fo- licitation on the part of Mr. Clarke has any effeft) to de- liver his account to-morrow. The account of wood is likewife ftill withheld, and I cannot but obferve to you, Sir, that while you have been exprefling to me your inclination to facilitate this buftnefs, eight days are already elapfed, by the negledl of your commiffaries ; and I at prefent labour under that ftrange fpecies of perfecution, to have a mealure infifted upon, and yet to be prevented all pol- fible means of complying with it. Though the fleet is tailed, I fee no obftru£tion to liquida- ting the proviflon-account upon the principle firft propofed : and for this purpofe, a commiffary of yours might attend me to Rhode Ifland, and I will make myfelf refponftble to you to convey to the Port of Bofton by veffels, in which your com- miffary may return, fuch a quantity of proviftons, as fhall replace what the troops have confumed ; or in cafe of defi- ciency, an equivalent depofit of money fhall be fent to you by your commiffary, that depofit to be refunded to the com- manding officer of the Convention troops for the time being, I whea- lxxi APPENDIX TO THE whenever the complete balance of the provifions (hall ar- rive. The propofal muft furely remove all material difficulties. I am, SIR, &c. J. Burgoyne. P. S. I have received your letter of this day’s date, re- fpe&ing Lieutenant Batterlby, and am obliged' to you for your attention. Major General Heath . SIR, Cambridge, March 27, 1 7 7 ^» I SHOULD be glad to know if a {mall veil'd could be got to carry Captain Willoe to Halifax, and what the expence would be, and am to delire you will pleafe 1 to order pair- ports to be taken by Captain Willoe to Canada, and duplicates by the flag of truce that goes by the way of Albany, for the fafe condufl of the veflels that are to bring the cloathing, and other articles for the Convention troops, to the port of Bolton. The difpatches are ready to go by the flag of truce to Albany as foon as you pleafe. I am, S I R, Your obedient fervant, Major Gen. Heath . J. Burgoyne. SIR, Head §hn y General Glover, there are certainly feveral articles that ac- nuire more difcuffion and examination, than can pofiiblv be given them within the time I have named for my departure ; but in order to remove every difficulty from your mind,^l k lxxiii Ixxiv APPENDIX TO THE will give you whatever Turns you fhall require within the charge, for the receipt, upon account : thefe fums I will alfo engage, upon my parole, to put into the hands of your com- miliary at Rhode Ifiand, or if you prefer it, I will give you the pay mafter general's bills, which I will indorfe upon the public account, and will pledge myfelf for their being dif- counted at par at Rhode Illand, if you do not choofe to ne- gotiate them at Bofton. After going fo far to accommodate your inclination, I have only to add my reliance that you will bring with you to mor- row my paflports and a parole, according to the refolve of the Congrefs. I am, SIR, See. To Major Gen, Heath. J. Burcoyne* SIR, Cambridge, March 30, 1778. IF the weather prevented your coming to Cambridge this morning, I would readily have attended you in Bofton, had you thought proper to have fent me lafe conduit by an aid- de-camp. L pon every reafon that I alledged to you in my laft letter, I am to deftre an immediate and decifive anfwer in regard to my requiiition of paflports, conformable to the vote of the Congrefs, and am perluadcd from the attention you have pro- felled, that you will feel for my fltuation in point of health. I am, SIR, \ our moft obedient , To Major General Heath. (Signed} J. SIR, Cambridge, March 31, 1778. I HEREWITH inclofe you two copies of the articles agreed upon between us, one I have figned, and will be oblioed to you to fend me back the other as fcon as you have ftgnecfit, and alfo the paflports for me and my family to Rhode Illand! I propofe waiting upon you at Bofton on Thurfday morn- ing* at the hour moft convenient to yourfelf, and muft deftre you to lend an officer to conduct me. I mean to lend oft my fervants and baggage on Thurfday moi ning, and wouiq take it as a favour, if you would inform me .1 CANADA PAPERS. me to whom I am to applly for carriages, and whether it is neceffary to have any feparate paffports or efcort for them. . You will obferve, Sir, in the account of fuel, I have fe- parated the wood' from the other charges, which {hall be let- tied and paid here, according to our agreement. I have alio left a blank for General Glover’s account, the fum may be inlerted after his major of brigade has lettled the ^ I* think, if Mr. Geddes and Mr. Commiffary Clarke went with me to Rhode Iiland, it would greatly facilitate all the bufinefs in hand, and they might return with your officer. I am, SIR, &c. Your obedient fervant. Major Gen. Heath . J- Burgoyne. ARTICLES of agreement between his Excellency Lieute^ nant General Burgoyne and Major General Heath, relpe fl- ing the payment of provifions, fuel, &c. lurmlhed to the troops of the Convention. I It is ao-reed, on the part of Lieutenant General Bur- govne, that a quantity of barrel provifions equal to the quantity charged to General Burgoyne by Mr. Commiffary Miller, in his account, dated 13th and 21ft January, an *>oth February, fhall be fent to Bofton as lpeedily as circum- ftances will permit ; that is to fay, one half of the faid pro- vifions from Rhode Iiland, within twenty days after the arri- val of General Burgoyne in the laid Iiland. The refidue, lhould it be neceffary to fend for it from New York, in forty- days after the faid arrival. , „ It is alfo agreed on the part of General Burgoyne to depo- fit fuch fums as fhall be equivalent to the proviiion not lent from Rhode Ifland within twenty days, thefe lums to be put into the hands of the officer or commiffary, who General Heath' fhall appoint to accompany General Burgoyne to II. And it is further agreed, that if the provifion fhould not be delivered, according to the above terms, the depoiit, in as much as is equivalent to the provifion lo failing, ihall remain with General Heath as payment of the account. # And it is further engaged by General Burgoyne to pay into the hands of the faid officer appointed by General Heath o accompany the general to Rhode Ifland, the fum or k 2 ^ lxxv Mi APPENDIX TO THE thoufand two hundred and fixty-three pounds, fourteen {hil- lings, lawful money, being the amount of the account char- ged to the troops for fuel. And it is alfo engaged, by General Burgoyne, to pay into the hands of the faid officer the fum of on account of. the charges, made by General Glover, for the expenditure upon the march, upon account of the troops, eight thoufand two hun- dred and fifty-two pounds, feven (hillings, and lixpcnce, ftcrling. It is engaged, on the part of Major General Heath, to re- fund to Major General Phillips, or the commanding officer of the troops of the Convention for the time being, the fum dcpofited as above agreed, or fuch parts of them aslhall be re- deemed by the delivery of provifions within the time above limited. • IV. It is mutually agrfced, between the contracting parties, that everything herein contained (hall beconflrued in a liberal fenfe; and particularly, that no advantage (hall be taken of any delays beyond the time limited for the delivery of provi- iions, provided luch delays appear to arile from accidents of the fea or weather. To this agreement we have mutually pledged our faith and words of honour, this 2d day of April, 1778. Extract of a Letter to his Excellency Sir WlHiatn Howe.* S T R, Rhode- If and, Llpril 9, 1778. After much duplicity, and, I believe, fome debate, in the Council of Bofton, upon the expediency of detaining “ me in defiance of the vote of the Congrefs, I am arrived “ at a place where I can write to your ^Excellency without f‘ reftraint.” Maj. Gen. Heath infilled that all the expences incurred by the Convention troops ffiould be difcharged in folid coin, according to the refolve of Congrefs. Had the refufal of this demand affe&ed only my departure, I fhould not have fuftered any perfonal confiderations to have interfered with the interefts of government, but thould, at Ieaft, have waited a further explanation of your pleafure than I could under- * The three paragraphs diftinguiffied by inverted commas were pet inferted in the copy lent to Lcrd George Germain. I CANADA PAPERS. ?* xvU fl-and from Mr. Com mi (Vary Clarke. But General Heath ex- tended the matter to much more lerious ground, declaring the delay of payment muft neceiTarily enhance the price of pro- vifions to he troops, and intimating that it was not certain that a fuDply could be had at all, the ftock of money in the treafury being exhaufted, and the purchafing contradors find- ing frequent difficulties in obtaining cattle upon Ciedii, even at advanced prices. , .. ^ i was clear in my opinion, that the direaion of your Ex- cellency, fent me verbally by Mr. Clarke, to ceclare againft payment for anv provifions, in cafe the Convention was broke, taking it for granted they would not dare ftarve the troops, did not apply to this cafe ; becaufe, whatever may be the pri- vate and juft fentiments of every perfon who confiders the re- vive of fufpenfioh, to declare it broken now , would be play- ing their own game ; they would immediately make ufe of that declaration as conclufive, and put it out of the power of government at home either to ratify and enforce the execu- tion of the Convention, ftiould they find means fo to do, con- sent with the dignity of the ftate, or to exa& fo full a repa- ration for the violation, fhould that be the refolution at home, as they may do, provided there exifts not a colour of violation on our part. What they have hitherto alledged, as reafons for their refolves, muft be judged by the world, not only to be without colour, but fhort of a moonfhine fhadow. Upon thefe circumftances, I ft udied for expedients to fc- cure the troops from the dangers threatened by non-payment, and at the fame time evade the exorbitancy of the demand, I availed myfelf of the alternative given by the Congrefs to return provifions in kind, and, after fome trouble, my ftipu- lation was accepted for procuring provifions from Rhode- Ifiand, or New-York, at limited periods, a fum of money equivalent to the quantity that ftiould not be forth-coming im- mediately to be lodged in the hands of General Heath, as a depofit, and to be refunded to the officer commanding the Convention troops for the time being, whenever the provi- fions ftiould arrive. Fortunately the ftores here are in con- dition to liquidate the whole account; therefore the depofit is unneceffary. Many thoufand pounds are faved to govern- ment, and no difpute in regard to what is paft remains. I fub- mit to your Excellency, whether a continuance of this method to difcharo-e the provifion accounts will not be the moft uefi- rable for the future, provided the King’s ftores in America can afford it, and whether, for that purpofe, it might not be expedient to augment the ftores at Rhode-IQand ? ^ „ lxxviii APPENDIX TO THE The above difficulty thus removed, there remained a heavy account in regard to fuel for the troops from the time of their arrival, and the provifion, fuel, and other incidental expenses upon the march from Saratoga, and advanced by Brigadier- General Glover. I had the good fortune, after much alterca- tion, to make a great abatement upon thefe demands, by pay- ing only the original coil of things, in fpecie, according to the price of the country, and all the contingencies of carriage, deliveries, &c. &c. v/hich went to great amount in paper. I conceived no further difficulty in fulfilling the agreement, as your Excellency had informed me an hundred thoufand pounds were fen t for the ufe of the troops under my orders. A commifTary of the enemy, therefore, accompanied me to Rhode-lfland to receive the fums. Tf he reft of the one hundred thoufand pounds I propofed to fend to Major Genera! Phillips, by the hands of the pay- mafter, whom I brought with me for that purpofe, having firft engaged a parole and efcort for the fecure paftage of my milita- ry cheft, to be fent to the army unopened. I think a fum to this amount indifpenfibly expedient in the hands of that Ge- neral, not only to difeharge the fubfiftence to the army, fome ©f which is in arrears, particularly the Germans, but alfo for fuch other contingent purpofes as were explained between your Excellency and Mr. Clarke, “ and concerning which I lately fent a meftage by — — — I think it the next duty to the army lately under my orders, to ftate to you. Sir, the very extraordinary expence the offi- cers are expofed to in their prefent fituation. Exaction is added to fcarcity at Cambridge, and every article of life is at price. I am confident in your Excellency’s jufticc and goodnefs, to include thofe troops in the order of bat and forage money for this year, though they do not take the field. The officers will be ruined or ftarved, if they have not that gratuity. If lodging money is allowed to the other parts of your army, I truft alfo they will be comprifed in the order. General Phillips requefted me to lay before you the * neceffity of his having a fecretary, and his hopes you would allow his pay as a contingency. I have nov*7. Sir, to report to you a matter upon which f have been very much embarrafted. I he day I parted »ro;n Sir Guy Carleton he put into my hands a letter from Lord Barrington, fignifying the Kind’s approbation of the appointment of brigadiers in Canada the preceding year, but ftating the expediency of their ferving as fuch in your army, there being fenior lieutenant colonels WithoUi. that ranx j and therefore ordering that thofe gentle- ; me* CANADA PAPERS. men fhould revert to their former {ituations as lieutenant co- lonels immediately upon their marching cut of Canada. . Had Lord Barrington thought proper to communicate to. me this idea before 1 left London, I think I fliould have been able to convince him of the impropr;ety of removing them at the very time of the fervice for the purpofe of which they had been created, and of the impoiiibihty of condu ling an army without regularity, with an entire vacuum of ftaflf be- tween the lieutenant general and a lieutenant colonel ; for Major General Phillips being confdered as appropriated to the artillery, fuch was the cafe. As it was, I thought myfelf juftified in taking the fpirit, not the letter, of his Lordfhip’s order ; and it being clearly explained, that the only reafon for diflolving the appointment of biigadiers was to prevent the clafling of rank after a junction of the armies, I judged I could "not be blameable for withholding the notification of the order till the jun&ion was made, inftead of putting it in force o-eographically upon quitting Canada. Since my arrival here, 1 have found a letter from General Harvey, approving the above meafure, and l truft, Sir, it will not be difapproved by you. The only Britifh brigadier with the troops is Ha- milton, ; there are two Germans, Speclit and Gall. It will be for vour Excellency to decide what (hall now be their fate, and to write your pleafure thereupon, as well as upon all other articles refpe&ing the troops, to Major General Phillips, “ Lord Howe will have informed you. Sir, of my ideas ct communicated to him (in order to be fubmitted to you) <( by means of Captain Green, refpe&ing the exchange of «C the Convention troops. My ideas were formed upon the «c knowledge I have of the feelings of the men in general. 1. per annum ac- tually depends upon his perfonal appearance in the court of Chancery. 1 ftated this matter to the Congrefs, but they voted his return inexpedient. I requeft you. Sir, if you find ft confiftent with propriety, to make a frefh application to Ge- neral Wafhington, for leave for his return upon his parole. Captain Strangways, brother to Lord Ilchefter, has alfo calls of family bufinefs of a very important nature ; and I fhould be much obliged for any affiftance of the fame nature you might think proper to give. I mull: clofe this long feries of bufinefs with a report of the conduit of Enfign Bevil of the 62d regiment, in whofe cha- racter I was deceived, when l recommended him to your Ex- cellency for a corrrmiffion. He has abfeonded from the army, in breach of his parole, and in debt, to a confiderable amount, at Cambridge. There is reafon to fuppofe he meant to go to Philadelphia or New- York. I think it probable. Sir, you may fend him back a prifoner to the enemy ; at all events, I conclude vou will fufpend him ; and, in that cafe, I would recommend to his vacancy Mr. Higgins, if you have not already been fo good to place him elfewbere. I have avoided to mention myfelf, in fpeaking of exchanges. An idea has obtained among the enemy that Lee was to be made a lieutenant general ; I have been alfo told that a ma- jor general and a colonel might be accepted for a lieutenant general. In all cafes, I put myfelf into your hands, and wifh to add, as an appendix to myfelf, my fecretary and depu- ty adjutant-general, Lieut. Col. Kingfton, confident that I need Dot expatiate upon the fatisfa&ion I fhould feel at being put again in a fimation to ferve under you as foon as my health CANADA PAPERS. health will enable me. I truft that a very fhort time at Bath will effeft that purpofe. I have only to add my truft that you will continue to me the friendfhip and confidence with which you have always honoured me, and that you will write to me at full, by the firft opportunity, how I can be employed toferve your views. I have the honour to be, With great refpedt, and inviolable attachment, SIR, Yourmoft faithful, and moil obedient fervant, (Signed) J. Burgoyne. ARTICLES of agreement, entered into at Newport, on Rhode-liland, on the tenth day of April, Anno Domini , one thoufand feven hundred and feventy-eight, between John . Morrifon, Efq. deputy commiflary-general, on behalf of Major General Pigot, and Samuel Barrett, Efq. agent for fupplies, on behalf of Major General Heath. Whereas there is not a fufficiency of beef in the ftores at Newport to fatisfy and pay the demand made by Mr. Com- miflary Miller, for his fupply of that fpecie to the troops of the Convention ; it is agreed, on the part of Mr. Morrilon, that a quantity of pork, equal to the deficiency of beef, at the rate of eighteen ounces of pork for twenty-four ounces of beef, fball be depofited on board the victuallers now bound to Bo- lton, and fent there forthwith, under the care of Mr. George Leonard, afliftant deputy commiflary, and to remain in his cuftody forty days from the feventh of this inftant, April, be- ing the day of the arrival of his Excellency, Lieutenant Gene- ral Burgoyne, at Newport, before a demand fhall be paid there for, on the part of Mr. Commiflary Miller. And it is further agreed, on the part of Mr. Barrett, that, in cafe a quantity of beef, fufficient to difcharge the balance due to Mr. Commiflary Miller, for fupplies to the troops of the Convention to the firft of March laft, fhall arrive at Bo- lton within the forty days ftipulated as aforefaid, addrefled to the care of Mr. Commiflary Leonard, then, in that cafe, the faid George Leonard fhall fatisfy and pay the (aid balance in beef, and be permitted to return with the pork aforefaid to Newport. • And it is further agreed, that if the faid Mr. Commiflary Miller will agree to receive four pounds of pork for feven pounds of beef! in that cafe, Mr. Leonard fhall deliver the 1 pork Ixxxii APPENDIX TO THE pork in payment for Paid beef, within the time limited as aforefaid. And it is further agreed, on the part of Mr. Morrifon, that, if a quantity of beef, fufficient to pay the balance due to Mr'. Commifl'ary Miller, forfupplies to the period aforefaid, fhould not arrive and be delivered by Mr. Commifl’ary Leonard to Mr. Commifl'ary Miller, in full of the deficiency aforefaid, or a quantity of pork be accepted by him in lieu thereof, in the proportion fpecified in the article next preceding within the faid term of forty days, then, in that cafe, the quantity of pork fpecified in the firft article fhall be paid to the faid Mil- ler, in the proportion therein ftated, for faid deficiency. And it is alfo further agreed, as the true intent and mean- ing of the parties herein named, that, if Mr. Commifl'ary Leonard fhould not have a fufficicncy of beef addrefled to his care, on or before the expiration of the faid forty days, to fatisfy the whole demand that Mr. Cornmiflary Mil- ler has made, for his fupply of that fpecie to the troops of the Convention, to the 28th of February, Mr. Commifl'ary Mil- ler will, in that cafe, receive luch quantities of beef as Mr. Cornmiflary Leonard may deliver him, towards difeharging his demand for that article, and the deficiency in pork, ac- cording to the proportion fettled in the firft article of this agreement. And it is further agreed, on both fides, that a quantity of bread and flour, equal (at the rates of the prices fpecified in Mr. Commifl'ary Miller’s account of fupplies to the troops of the Convention) to the quantity of beef which may be de- ficient, (hall be put on board the vidluallers, and fent to Bo- fton, to the addrefs of Mr. Leonard, in addition to the quan- tities fent to repay thofe fupplied, in the refpedlive fpecies, to remain as a depofit during the aforefaid term of forty days. And that, in cafe the deficient quantities of beef aforefaid do not arrive and be delivered to Mr. Cornmiflary Miller within faid time, or a quantity of pork equivalent to the fame, in conformity to the firft article, then the faid bread and flour be paid and received in payment for the Erne, at the rates aforefaid. And, to prevent all poflible mifunderftanding, refpe&ing the quantities of provifions refpedtively demanded and to be fhipped for payment, it is agreed, that the demand made on the part of Mr. Commifl'ary Miller is as follows, to wit, fix hundred and forty-feven thoufand one hundred and thirty- four pounds of bread, eight hundred and ninety-feven thou- fand feven hundred and fifty pounds of beef, thirteen thoufand 4 feven f CANADA PAPERS. (even hundred and ninety-fix pounds of pork, one hundred and four thoufand and twenty-eight pounds of rice, two thoufand eight hundred and fifty-three pounds of foap, one thoufand five hundred and fifty-nine pounds of candies, five hundred and eighty pounds of fi ur, twenty-nine anu ope quarter gallons of rum . one hundred and eighty four quarts of fait : and that the pro' ifions (nipped and co be fnipped towards fatisfying faid demand, fubje£t to the regulations of the preceding articles, (hall be as follows ; viz. one hundred and feventy-four tbou- fand and forty pounds of beef, two hundred and fifty-eight thoufand one hundred and nxty pounds of porx, nine hundred and fixtv-four thoufand eight hundred and thirty-two pounds of bread and flour, a quantity of rice and peas, equal, at Mr. Comrniflury Miller’s rate and mode of i (filing thofe ieveral fpecies, to one hundred and four thoufand and twenty-eight pounds of rice, twenty -eight hundred and fifty-three pounds of foap, fifteen hundred and fifty-nine pounds of candles, twenty-nine 2nd one quarter gallons of rum, and one hun- dred and eiohty-four quarts of fait : and that, as there will (fill be a deficiency in the article of beef, equal, by calcula- tion, exclufive of accidental deficiency in weight and quality of the provisions fent for the purpofe of fatisfying the demand aforefaid, at the rate of prices charged by Mr. Commiflary Miller, for that fpecie, in his account of fupplies to the troops of the Convention, from the fixth of November, one thou- fand feven hundred and feventy-feven, to the firA of March, one thoufand feven hundred and feventy-eight, to the amount of four thoufand four hundred and fifty-three pounds, lawful money of Mafiachufets-Bay, at the rate of fix (hillings per collar ; which faid lum of four thoufand tour hundred and fifty-three pound?, lawful money, as aforefaid, is to h-. paid by Major General Pigot into the hands of Samuel Barrett, Efquire, and Major Jonathan Pollard, to remain as a depoiit for (aid deficiency with Major General Heath, for the afore— faid term of forty days, at the expiration of which term, fhould the deficiency aforefaid be paid in beet, or fuch other fpecie as is before agreed to be taken in lieu thereof; faid ium to be refunded into the hands of Major Geneial Phillips, otherwife to remain and be received in payment for beef and fuch other articles as may he deficient after delivery of the provifions (hipped and to be (hipped, as aforefaid, con- formably to the agreement entered into between his Excellen- cy Lieutenant General Burgoyne, and Major General Heath, on the fecond of this inftant April. 1 2 And Ixxxiv « APPENDIX TO THE And for the due performance and fulfilment of each and every the foregoing articles, we, the fubfcribers do feverally and mutually pledge our faith and honour, hereunto inter- changeably fetting our hands and feals, this tenth day of April, Anno Domini , one thoufand, feven hundred and feven- ty-eight. o. , f John Morrison. (L. S) & ne ’ 1 Samuel Barrett. (L. S.) Atteft, Witnefs, Jonathan Pollard, James Clarke. James Clarke. (A true Copy.) Infractions from Major General Pigot to Major Morrifon , Deputy Commijjary , about /applying the Convention Troops with Provifion. SIR, Newport , April II, 1778. AS the prefent mode of victualling the troops of Lieute- nant General Burgoyne in the Mafl'achufets- Bay is attended with many difficulties, you will hold yourfelf in readinefs to proceed with the flag that returns with Major Pollard, aid de camp to Major General Heath, and Mr. Samuel Barrett, agent for fupplies ; and, upon your arrival at Bofton, you will immediately wait upon Major General Heath, and en- deavour to fettle with him the proportion of one fpecie for another, which may ferve as a rule in paying for fuch provi- fions as may have been furnifhed by him for the ufe of Ge- neral Burgoyne’s troops. In the accomplifhment of this bu- finefs, you will adhere to the rules by which the army under Sir William Howe are victualled, and ufe your beft endea- vours that thofe rules and regulations be adopted and admit- ted, or as nearly as may be, on the part of General Heath, for the payment of fuch provifions as may have been, or hereaf- ter may be, furniflied to the troops of General Burgoyne, that in future there may be no difficulty in adjufting thofe accounts. As it is neceflary that thofe troops fliould be victualled in the fame manner as the other Britifh troops in America are, you will endeavour to obtain from General Heath his per- miffion for the admittance of fuch victuallers into the harbour of Bofton, as may hereafter be neceflary for furnifliing the proper fupplies of provifions for the fubfiftenoe of the afore- faid troops, fo long as they may remain in the province of Mafl'achufets- Ixxxv CANADA PAPERS. MafTachufets-Bay ; thefe provifions to be fubje£l to the m- fpeftien of fuch officer as General Heath may appoint, to prevent the introdu&ion of any article contrary to the true intent and meaning of the permiffion he may grant for the admittance of fuch viauallers as may be neceflary for the purpofes aforefaid. # In cafe you (hould accomplifh this agreement with Gene- ral Heath, you will likewife obtain from him the fulleft af- furances, that the provifion hereafter to be (hipped (hall be ad- mitted into the harbour of Bofton, and truly and honourably delivered to the commiffary of provifions, or his deputy, in General Burgoyne’s army, and that he (hall have free liberty, without any hindrance or moleftation, to iflue the fame to the army, according to fuch rules and regulations as are efta- blifhed, or may hereafter be eftablifhed, by Major General Phillips, or the officer commanding thofe troops. X am, Si/., Your humble fervant, Rd. Pigot, M. G* Retur* 'Bread. Beef. Pork. Peas. Flour. - /l- T - - R ice . Candles . . •3 k tN 0 00 - - k K-l 33 Cv-i a • *4 -5 0 0 0 0 O O Royal Sceptre, John Norman, 500 56000 Goo 400 147000 O 0 0 0 O 0 O 0 O 0 00 O - O- Tartar, Will-am BufTell, 0 O 0 O 0 O • 0 0 0 0 39 2^7 243096 O 000 O 0 "Bireppa, P. Buckingham, Charming Sally, J»*hn Cafey, 0 O 0 O 0 O 0 0 0 0 39 585 i 7 * 53 6 O 0-0 0 O 0 0 O 0 O 0 700 145600 0 0 P 0 0 : O O 0 0 0 G 0 Now /hipping on board the , 500 56000 600 530 1 74040 1220 253760 93 67 640 78 2562 7348.32- 190 74509 0 . 0 O 0 0 94000 0 0 0 O 4400 0 0 0 0 0' 80000 O 9^9 *559 *853 184 29J ooo 150000 600 530 174040 1220 258160 93 67 640 78 2^62 814832 1 go 83548 1559 2853 ^ • N. B, 640 bufhels of peas are equal to 20480 104028 X X X < »— * Return of Provifions fhipped on Board the undermentioned Vi&uallers, in Purfuance of an Agreement, made by Lieutenant General Burgoyne and Major General Heath, the 2d day of April, 17 S, for the Payment of Provifions furnifhed the Troops of General Burgoyne on the Part of General Heath. > •-a w % O X 2 9i CO John Morrison, Deputy Commiflary General. CANADA PAPERS. lxxxvii $ X R, Rhode- IJland, April 12, 1 7/^* THt a 2 reement refpe&ing the provifions is fulfilled. It having been reported ro^me that the mode of victualling the troops of the Convention has been varied lately, viz. that, in ilea d of meat, filh had been fubflituted, 1 am under the neceffity of obferving, filh is not a culiomary icluallmg for our troops; and as^the fcarcity of meat will be removed by the quantity Cent from hence, I mud deiire the troops of the Convention mav be fupplied with Englifh provifions : the propriety of this is fo evident, that I am perfuaded no objec- tion can lie againft it ; befides, it will effectually prevent all cavil between the commillanes about the goodness of the provifions. I thought it might be a mutual convenience to fend a commiffary to regulate the future fupp'.y for the troops of the Convention, that neither difficulty nor difpute may arife. Major Morrifon goes upon this bufinefs. I am oDiiged to you, Sir, for the accommodations I re- ceived on my journey, which were very much to my fatisfac- tion, and am, SIR, Your ir.oft obedient fervant, Maj. Gen. Heatb. J- BuRGOYNE. N. B. A copy of this letter was fent to Major General Phillips. SIR, Rhode-Ipnd, April 13, 1778. IN older to fettle every thing relative to fupplying the troops of the Convention with provifions, I have dire&ed Major Morrifon, commiflary general, to accompany Major Pollard and Mr. Barrett to Major General Heath, and fhall be obliged to you for furnifhing him with the neceflary paiT- ports. I am alfo to thank you. Sir, for your attention to- wards me, and the accommodations I met with upon my journey, in confequence of your orders. Maj. Gen . Spencer . (Signed) J. BuRGqyne '