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MDCCWOtlX. / ( « ) ^0 the Gentlemen^ Oergyy and other Voters of the ^own oJPrejlon, -'t-3 Gentlemen, THE refponfibility for political conduft, and perhaps for all conduct, which every Reprefentative owes in a certain degree to the nation at large, and particularly owes to his immediate Conftituents, becomes a more forci- ble duty upon me from the many private friend- (hips with which I am honoured among you. The crifis in which I write is another reafon for this addrefs. Never, furely, was there a time in which it was fo important for Confti- tuent and Reprefentative to underftand each other ; nor ever was there one when more fyftematic pains were taken to fet them at va- riance. My firft purpofe is to explain to you the caufes which have induced me to withdraw myfelf from a ftation, in which (till it is known that my offers of fervice were rejeded) I might be fuppofed capable of ferving my country in her extremity with feme eifedt. Thefe caufes (hall be ftated faithfully. It is the intereft and pride of the innocent and in- jured to be ingenuous. B For ^ ( ^ ) For the better underftandlng my cafe, it may be neceffary to take a fhort retrofpeft of fome of the leading principles and fituations by which I have been governed, 1 had been a member of the Houfe of Commons nearly an entire Parliament be- fore I became a candidate for Prefton. The teftimony of my condu£l during that time, of which I was moft proud, was the approba- tion of Lord Strange, under whofe aufpicies I firft offered myfelf to your favour. It was my iiappinefs to be his relation ; but it was my highe/t honour that he was my friend by choice- You knew him well — His natural affe6^ioi>s were ftrong; but his public virtues were indexible ; and no family connexion or intereft, unaccompanied with opinion, could have influenced his recommendation for a truft from the people. The fyrtem upon which I had afled the preceding Parliament, and upon which I con- tinued to i ift in the feat your favour gave me, was (hort and plain ; — a conftitutional fupport of the Crown — a liberal reliance on thofe who then cone lulled the public meafures — but an independe nt claim to free opinion and free con- duct upon every occafion in which my judg- ment calkd upon me to depart from my gene- al line. Government gave me countenance and gave me favours ; but never at the expence of thofe principles '. and 1 reflect with pleafure and 4 gratitude ^ ( 3 ) gratitude on the fani^ion you have given. Gentlemen, to this aflcrtion, by having, after thofe favours from the Crown, elefted me with uncommon marks of your approbation. Conformable to the principles I have ftated, notwithftanding my general fupport of admi- niftration, I had found myfelf obliged fome- times to oppofe the meafures of tlie Court ; particularly in the debates upon the Conven- tion relative to Falkland's Ifland ; upon the proceedings relative to the Caribbees ; jnd up- on the perpetuity of Mr. Grenville*s bill. In the motion I made for the committee of en- quiry into the flate of the India Company, and through the whole progrefs of that long bufinefs, I a£led without the participation of the Minifters; and fuch accidents of fepara- tion had arifen between Lord North fthe fup- pofed leading Minifter) and me, that, although I bore refpedl to his charafter, no two perfons, not in dircft enmity, could live at a greater diftance. Such was my polincal fituation when I was called to the American fervice in the year 1775. It is known to thofe who employed me, and I have often declared it in public, that 1 was involuntarily called to it. I was not with- out profeffional reafons for w idling to decline it ; but I had many others, arifing from fuch perfonal circumftances as moft naturally and Srongly affe£t the human mind — They are not unknown to you. B 2 Ifiatcd ( 4 ) I ftated thefe fentiments when the King's intention of employing me was communica- ted, adding, that powerful as they were, they fliould be made fubfervient to the principles I had ever held of a foldier's duty ; and if his Majefty thought me, then the laft and humbleft upon the lift of his major-generals, to be, neceflary to the fervice of the ftate, I fhould forego any idea of excufing myfelf upon the plea of my private circumftances. I was affured, in terms very honourable to me, that his Majefty was decided in his choice of generals, and 1 immediately declared my rea- dinefs to obey. Thus engaged, 1 refolved to dedicate my- felf to my new lituation. I iiiw the national obje6ls to which it opened. I had uniformly fupported the principle then held out by the Minifters — the fnpremacy of the King in Parliament ; and from truly public fenfations, 1 endeavoured to put myfelf upon as good • terms as poffible with the Firft Lord of the Treafury, 1 fuggefted a command at New- York with four regiments (it was the very beginning of the troubles) with a view to ne- gotiation, not to arms^ Tlie idea feemed to be much approved ; but 1 am not mafter of ^he fecret and political circumftances that pre- vented its being adopted, 1 am now inclined to believe that had the meafure taken place, the vyar would have been prevented ; or at leafk ( 5 ) it would have begun with that important place being in the King's government. In the courfe of the enfuing campaign fif the blockade of Bofton can be called by that name) my efforts to be of ufe in the public fervice were not confined to the immediate line of my ftation, but were exerted at large, and received very flattering teflimonies of appro- bation at home and abroad. Late in the winter of 1775 I returned to England. The King's Minilkrs faw and ac- knowledged, that in the reafons for that re- turn, my zeal for the public fervice kept pace with the anxieties of my private fituation. It entirely prevailed over them, when very early in the fpring I was called upon for fervice in Canada. It may be fnppofed that I folicited that deftination (as by fome it was fuppofed that I had folicited the former one). The contrary was fo true, that 1 would have pur- chafed a redemption from the fervice, would my principle of public honour have permitted, with the laft fhllling of my military income. At the time I embarked, acute diftemper was added to pain of mind, arifing from the family diftrefs 1 before alluded to, and the circumflan- ces requiring my continuance in England were become much more affefting than the year before. My endeavours In the campaign under Sir Guy Garleton, in 1776, were alfo thought worthy commendation ; and before my re- turn I ;' Hi ( 6 ) turn I was pitched upon for the command of the troops deftined to make a jundlion with Sir William Howe from Canada. 1 had now fuftained the fevere private mif- fortune which I had fo long dreaded. Em- ployment in the field was tlie beft relief that could be offered to affli£lion ; and for the firft time iince the war I was earneft to go to America. I have (lightly touched this progrcfs of my late fervice, to fhew that the Situation in which 1 was placed in the year 1777, was not one of private favour, court intrigue, or perfonal ambition, but naturally devolving to me from occurrences and fom general opinion. Whe- ther that opinion was juftly founded, this is not the place to difculs. An account of the campaign, in the part where I commanded, will forthwith be fubmitted to the public in a detail of the fa^s proved before Parliament, and in other authentic documents. In the meantime let me be permitted to fay, that however freely cavillers and fpeculatifls may have treated my military conduct, none have difputed the prin- ciple and zeal which actuated my endeavours. With thofe claims. Gentlemen, to the coun- tenance and good-will at leaft of government, 1 proceed to relate the treatment 1 received. 1 had exprefled, in my private letter from Albany to the Secretary of State, my *' con- fidence in the juftice of the King and his Councils to fupport the General they had thought (( (( it ( 7 ) *' thought proper to appoint to as arduous an •' undertaking and under as pofitive a direc- •* tion as a cabinet ever framed." I had in the fame letter given an opinion of the enemy's troops, upon near infpedion of their numbers, appointment and difcipline. Furnifhed with thefe materials, and fup- ported by the fidelity with which I had a£ted, it was not thought expedient I fliould have accefs to the King. What other fads might have been cleared up by my interview, and were wifhed not to be cleared up, the Secre- tary of State* only can inform the world. Di- rtd: means of effeding my exclufion fi'om the King's prefence were not prafticable ; for the cafe was unprecedented. The pretext adopted was as follows. It was fuggefted that an enquiry (hould be made by a board of General Officers into the caufes of the raifcarriage of the Northern Ex- pedition ; and a court etiquette was invented, the foundation of which in reafon or pre- cedent 1 am not acquainted with, vk. that the perfons whofe conuud was fo put in queftion, (hould not appear at Court pending the enquiry. No difficulty of the competency of fuch " court was then fpoke of, or perhaps ! * Whenever the Secretary of State is meritioned in thefc papers, the perfon to be nnderftood is the Secretary for the American department, Lord George Germain. thought u mr, I ( 8 ) thought of, by any but the dark dedgners of my ruin ; the meafure therefore could neither affeft his Majefty nor his Couri: with any idea of farther hardfhip than the delay of a few days to my appearing in his prefence. This arrangement had been prepared by the Secretary of State, in the interval between the notice of my arrival at Portfmouth, which he received in the evening, and my vifit to him in Pall -Mall, which was before noon the next day. It v/ill naturally be fuppofed that the ftate in which I flood was the firft fubjeft of convcrfa- tion ; on the contrary, I was received with much apparent kindnefs ; explanations palled, but they were friendly ; 1 was heard attentive- ly, through a report of all the tranfadions fub- fequent to the Convention of Saratoga, and 1 was led by degrees, and without fufpicion of infidioufnefs, to the moft confidential com- munication, on my part, of fads, obfervations, and opinions, refpcfting very important ob- jeds. If the meafure of denying me accefs to the King bad been undecided before, this conver- fation was of a nature to produce a decifion ; f(>r it opened truths refpefting the difpoiitions of the people of America, and the ftate of things there, very different from the ideas which (it is now known, from the line taken by the Se- cretary of State in the late enquiry) were pre- valent in the governing Councils of this king- dom* It > ■ I* ► ( 9 ) It was nbt 'till after the matter of my com- munication was cxhaufted, that the Secretary of State drew from his pocket an order, that I (hould prepare myfelf for an enquiry : at which I exprefled my fuUeft fatisfa6^ion, till he follow- ed the order with the information of the eti» quette I before mentioned, that I was not to ap- pear at Court. Having pitched upon this expedient for no other end than to exclude me firom the prefence of my Sovereign, h© could hardly be in pain about the event. If the General Officers ap- pointed for a Board of Enquiry, (hould co- mcide with the notion that my parole was of fuch a nature as to bar their proceedings, this would put off my accefs to the King to a very long day : but if the General Officers fhould not enter into theie ideas, he had a refource left. He could not be unapprized, that fuch a court was held by high authorities in the kw to be illegal ; and if I was not to fee the King until, an illegal or quelVionable court (hould make a Valid report, 1 was never likely to en- joy that honour. Either way I was not to have the benefit of an Enquiry ; but he was to have the advantage of the pretence of one, in order to (hut the door of St. James's againft me. This has been made apparent beyond all poffibility of doubt, by ^very part of his fub- iequent conduft : but at th^t time, though I fiw a difgrace was intei-Jed me, I was not able to cftimate the full extent of it, C • Thus ( «o ) Thus prevented in my intended appeal to the King, and as 1 have fatal reafon to believe, the King's ear fecured again ft me, attempts were not iinthonght of to deprive roe of a voice in Parlianjent. A great Law Officer of the Crown, made, in the form tfflegal doubts, a long and methodical argument againft my compe- tence to any civil duty or fundion : but it was hot fouhd fo eafy to exclude me from your fervice, as it had been to deprive me of counte- nance at Court ; and minifiers only (hewed by that abortive attempt, what their motives were, in thofe attempts in which they bad been more fuccefsful. Though the late time of the feflion, and the abfencc of Sir William Howe and Sir Guy Carleton, who were fnppofed to be parties, furnilhed plaufible arguments forpoftponing a Parliamentary Enquiry in thcfummer of 1 778, it was evident the temper of the Houfe of Commons was inclined to adopt it at the en- fuing meeting. In the beginning of June, I received the con- ditional order annexed. [j^pp^No, i.J Tho* it btars the King's name, it was avowedly a Let- tei of the Cabinet J and there remained no longer a doubt in my mind, that my ruin was made a meafure of ftate. Few adepts in the fcience of oppreffion could have formed a defign bet- ter fitted to its end ; and it was likely to be fuccefsful. whatever part I ihould take. If I went — my character was loft irretrievably — the falfehoods and afperfions that have lince been J refuted ( II ) refuted in the face of thofe who propagated theni, were already gone forth ; the numbers of my army, and of that oppofed to me, were already grofsly miftated ; contradiftory chan- ges of floth and precipitancy, as the temper of men at the moment feemed inclined to either, were fupported with uniform perfeverance : — my friends were ftated to be my accufers ; and even my integrity, with regard to pecuniary trufts, was glanced 9t. If I ftayed, the King's order (as it was fal- lacioufly called) was a fpecious toplck; and it was not difficult to forefee, that it would be put into the hands of gentlemen that well knew how to make the utmoft of it by art and opportunity. My anfwer [jipp* No, 2.] drew from the cabinet their fecond letter [j4pp. No, 3.] and I give them the fatisfa£tion of knowing, that I felt all they could wifti I (hould feel from the repetition of their fe veri- ty. I faw in it at once a doubt of my veracity refpefting my health, and the moft contemp- tuous dilregard of all other principles upon which I had claimed a right of ftaying in this country. — Fundamental principles, 1 thought them, of juftice and generofity due from all governments to thofc who ferve them zea- loufly, and in fome governments held doubly due to fuch as in their zeal have been unfor- tunate. It niuft be obferved, that the miniftry kept a profound filence, both to myfelf and the pu- blic, refpefting the ratification of the conveu- C 2 tion. \i\ ! ( '2 ) tion. The fame illence they maintained even in Parliament long after its meeting. They were perfectly apprifed, that the enemy had fome time before made the want of that rati- fication the ground of their refufing. to give effefl to the part of the treaty which was fa- vourable to the troops. They knew alfo, that one of the principal objeds of my return to England was to negotiate in behalf of that de- ferving body of foldiers and fubjefts. Their defire of my delivering myfelf into captivity, at fuch a time, and under fuch circumflances, juftified fomething more than a fufpicion, that in my abfence in was intended either to lay to my charge fome breach of faith with the ene- my ; or to renounce the treaty from the begin- ning ; and by my furrender, to transfer the act from the nation to my perfon. Thefe are the only two cafes which I believe can be produced from the hiftory of nations, wherein an officer, who had made a convention with an enemy, had been delivered up to them. The ratifica- tion of the treaty afterwards is no proof that fuch intentions did not then exift. I will niake no farther obfervations, gentle- men, upon this firft correfpondence between the War-Office and mg ; nor ihould 1 have troubled you with thefe, but that great pains are taken to divert the ^tt^ntjon of the public from the pretended ordsr, to my behaviour fince the receipt of it. 1 in no wife fcek to evade the public judgment upon any thing I have done ; l^yt I claim froip (he impartial and the ( '3 ) tlie candid, a confideration of the pretended or- der itfelf, in its principal parts, vi-z. the ground upon which it is founded ; the novel fpecies of cruelty which it fuppofes within the power of the Crown ; and laftly, the exercife of fuch doftrine by men who were parties, and againft the man whom they were called upon by their {Ration and their honour to confront. Nothing farther paffcd during the recefs of Parliament. I availed myfelf of a difcrecio- nary power, as I had a right to do, and i made it no (ecret, that had a d\rt£t order been fent me, I (hould have laid all my commiffions at his Majetty's feet. During the laft feffion of Parliament, an enquiry was inftituted. The detail of the at- tempts made by the Miniftry to defeat it, is too notorious to be neceflary upon this occa- lion. They at laft contrived, that it (liould be left imperfed : but in fpighc of every ma- nagement, it had anfwered my purpofe fo far, as to fix upon record a body of evidence, that 1 would not exchange for all tjiat power could bellow. It is a juftification of misfortune by the voice of Honour. It is there apparent, what the array under my command, who felt moft and faw beft, thought of my adions. — The affections of my gallant comrades, uu- fhaken in every trial, labour, famine, captivi- ty, or death, enable me to defpife the rancour of a cabal and all its confequences. The moft important purpofe of my return to England having been anfwered by this vin- &\ ( H ) vindication, I thought the facrificc of my com* miffions, tiie fruits of the greateft part of my lift', not to be neccfliiry. I knew by expe- rience, what I had to apprehend in point of htalth from an American whiter; but I fcorn- ed to plead it. Coafcious of my integrity, I abandoned my public accounts to the rigorous fcrutiny of office; and I took occafion publicly to declare, that (hould it ftill be thought expe- dient to deliver me back to the enemy, and a poiitive order Ihould be fent me for that pur- pofe, 1 (hould, as far as in me lay, obey it. I do not believe any man who knows mc doubted the lincerity of that intention. I am perfuaded, theframers of the letter of the 24th Sepcember were particularly convinced of it. The man who embarked in thefituation I did, in the year 1776, could hardly be fuppofedto want fortitude to undertake an American voy- age, in the lituation in which I made the de- claration. An order, therefore, which I could have obeyed without committing my honour, woiikl not hue efftftcd my ruin. Time and circumftances furniflied more fccure expedients ; which I Ihall now open, Occafions were taken to vifit my offences upon my friends. Exampte^ refpec^ing my nearett connections need not be pointed out, when i am addrelling m>felf to any part of the county of Lancafter. But the principle extended far more wide ; and did not the ap- preheufion of farther hurting the men I love refirain ( >5 ) reftrain me, I coiilcl produce inilances of hard- (hip in the diftribiition of military preferments, that no impartial perfon will impute to any other ca'^fe than the kindnefs and friendfliip of the parties tome. Thefe inftances of perfecution, it was well known, affected me deeply. There were others yet more irritating. In the courfe of the fummer, the apprehen- iions before entertained of an invafion, by the declaration of government, became a certain- ty. Hardly a Britifli fubjeft could be found fo low, fo feeble, or even fo profligate, as to be exempted from fervice ; while uncommon premiums were raifed by begging, and diftri- buted to volunteers, the goals, and even the feet of the gallows, were reforted to for other recruits. In this declared dilemma, I know govern- ment were nftt ftrangers to my intencion of fighting my own regiment as colonel ; or, fhould its deftination not admit the honour of meeting the enemy in that capacity, of offer- ing myfelf as a volunteer in the ranks of any corps that might be more fortunatelv (itmted. Thefe f-veral feelings, and many others in- cident to an oppielled man, were doubtlefs duly confidered ; for at the crifis when they could opcrite moft forcibly, it was thought proper moft to inlult me ; at the crifis whtn the King's fervants openly announced, that not a Ihip or a foldier could be fpared from our inter- r ii ( ^6 ) internal defence, a fentence of banifhment was fent me, and even that not in an or- der, but a reprimand — a fubmiilion to igno- miny was required of me ; for to put me wholly out of a capacity to draw my fvvord at fuch a moment, was virtually, in point of difgrace, to b ^ak it over my head. My ene- mies might have fpared fuperfluous provoca- tions. This alone would have fufficed to prove their fagacity, and to effect their purpofe. Let it not be fuppofcd^they want knowledge of the human heart. There are among them, who can difcern its recefles, arid have the (kill and the triumph to make a foldier's honour and fenfibility the inftruments of his own de- ftruftion. '. I could no longer brook the treatment I re- ceived. My letter, of the 9th 06lobcr to the Secretary at War, \_^pp' No. 5.J contains my general fentiments. 1 fliall now proceed to Itate to you, the principles of my parliamen- tary conduft fince my return from America, for which I hold myfelf peculiarly and ftriclly accountable to you, and which I have only poftponed hitherto, to avoid interrupting the relation of my other proceedings. I am ready to confefs that 1 have been a de- termined oppofer of the King's Minifters, but thy oppolition has been the caufe and not the confequence of my ill treatment. Severity, ingratitude, or even injutlice, though exer- ciled againft me in the degree you have feen, 1 (hould C '7 ) I (hould think very infufficient reafons for fnch a determination. He would ill deferve the triift of his country in its prefent exigen- cy who could aft ngainft men in public Na- tion, upon any refentments unconneded with public wrongs. Gentlemen, I will take the matter ftiort. If the ftate of the nation, in its wars ; in its negociations ; in its cpncerns with its remaining colonies; or in the internal policy and govern- ment of thefe kingdoms, can aflford the fmal- left countenance to an opinion of integrity and capacity in adminidration, I am ready to abide every cenfure for being, what I am, a deter- mined enemy to it. I have been in a (ituation to fee, that in a complicated and alarming war, when unfupported by any alliances, the king- dom was left folely to its own native military force, that fole reliance was difcouraged and depreciated. I faw a fyftematical defign of vilifying and difgracing every officer whom thefe Minifters had ever employed by fea or land ; and thofe raoft who flood higheft in the opinion of their feveral profeffions. The ruin of officers forms almoll the whole of their mi- litary fv ftem ; and if 1 have experienced my full meafure of their hoftility, it only (hews the extent of their plan; having furniihed lit- tle elfe than my zeal and induilry as a title to their malevolence. As to their political plan, its objeft is to impofe upon the nation from feffion to fef- D iioiL l«*«Hip.-*^ ..■SwA;.. I ( i8 ) fion. Far from profitinc; themfelves, or fuf- fering others to profit bv bitter experience, tliey exift by bringing forth a fucceffion of de- ceits. I cannot Ihiit my eyes againft my own certain knowledge of fome of the moft fatal of thefe deceits refpetling America ; nor re- train my juft and natural indignation at their eflfefts, without forfeiting every feeling for my country. If this explanation appears warm, be afliired it is the warmth of conviction. Had my fen- timents been lefs fincere, my lot would have been very different. But, in thefe times when fo little credit is given to principle in political matters, you ,may perhaps be told, that I have been follow- ing the dictates of party, and deluded by vain expectations of popularity to facrifice myfelf to their purfuits. My friends, I am fure, would treat fuch an imputation with the fame conteiiipt they do every other illiberal cen- fure ; but 1 owe it to truth and propriety to j ufti fy them. The men with whom 1 have the honour to ad have no objects, but to lave their country ; if they had, they might long ago have obtained themTand they would iLorn to accept, as I Ihould to offer, an union upon any other terms than a participation of that caufc. My adlions have been the mere refult of my o^vn fvntiment?. My refignation in particular . w as made upon the impulfe of honour as it ,iiruck my own hreaft : and why fhould it be thought 1 ( '9 ) thought ftrange ? I hope that under that in- fluence alone, I am capable of greater efforts than any I have made in relinqiiilhing the libe- ral accommodations of a life, to which 1 have been ufed ; and of retreating into the compe- tence of a very private gentleman. It comes recommepdt'd by the refle£lion, that after being entrulted with a confiderable coffer of tlie ft ate, and other opportunities opened of obtaining wealth at the i:ndiie expence of the public, my fortune is lefs than it would have been, had 1 never ferved in the American war. It would be very contradld:ory to my fenti- ments of your charafters to think this avow- al could be prejudicial to me at Prefton. In one of the mofl violent eleftion contefts known in England, and in fome refpe(fts the moft expenfive, the pooreft among the voters, I mention it equally to the honour of both parties, were uncorrupted. Should therefore the integrity of my intentions appear in this appeal, and the paft independence of my con- du6b be conlidered as a pledge for the future, 1 have no fear that the redu6fion of between three and four thoufand pounds a year, will be an obltrudtion to the honour of ferving you. The trui^ of my country in parliament is too facred in my fenfe to be renounced, while 1 am thought worthy to be continued in it. As for the other objeds which mofk intereft the multitude, and once interefted me, my '/ D z temper ( 20 ) temper or my misfortunes have made them matters of perfeft mdifferencc--My ambition 13 dead ; my occupation is gone— the humble arrangements of my new ftate are made ; and and my whole profpefts or hopes on this hde the grave, concenter in the prefervation ot my friendfliips, and the tranquility of my confcience. . . i . a I have the honour to be, with the truett rcfpedt, affeaion and attachment. Gentlemen, your moft obliged, and moft obedient humble Servant, Uertford'Street^ J. BURGOYNE. APPENDIX. APPENDIX. [No. I.] Correjpondence with Lord B/irrhigtan, SIR, JVar-Office, June 5, 177Q. The King, judging your prefencc material to the troops detained prifoners in New En- gland, under the convention of Saratoga; and finding in a letter of yours to Sir Wil- liam Howe, dated April 9, 1778, '* that you *' truft a fhort time at Bath will enable you ** to return to America,*'* his Majefty is pleafed to order that you (hall repair to Bof- ton as foon as you have tried the Bath Waters, in the manner you propofe. I have the honour to be. Sir, Your moft obedient humble Servant, Lieut. Gen. Burgoyne^ Barrincton. Hertfard'Street, 1 1 * Paragraph of the letter from Lieutrnat General Burgoyne to Sir William Howe, which was made the foundation of the above conditional order. ** I sed not expatiate upon the fatisfa£tion I (hould feel »X *' being put again in a fituation to ferve under you, as foon " as my health will enable me.— //rw^ that a very Jbort time " at Bath ivill effrR that pttrfo/r. " 1 have only to acid, my truft that you will cortinue ro me '* the friendfliip and confidence with which you have always ** honoured me, and that yon will write to me at full by the '* firft opportunity, how I can be employed to ferve your f ( TMW<« I hav9 the honour to be, &c." [No. wmm [No. 2.] My Lo?i), June 22, 1778, I HAVE confidercd the letter I had the ho- nour to recieve from your Lordfhip on the 5th inftant, with the attention and refpeA due to an intimation of the King's pleafure. I have now to requeft your Lordfliip to lay before his Majefty a few particulars of my fituatiofi ; and to offer to his royal coniideration, with all humility on my part, fuch of my complaints as admit of reprefentation. My letter to Sir William Howe, referred to in your Lord(hip*s letter, was writ in the fulnefs of zeal to renew my fervice in arms the enfuing campaign. The fatisfaftion jf fucceeding in that application, would have tended to my recovery, or for a time might have prevented my feeling an ill. Deprived of fo animating a fupporl, and vifited by new and unexpe^^ed anxieties, I have now recourfe only, as far as the mind is concerned, to a clear confeience, perhaps a more tardy, but, I truft, as efficacious an alliftance. The prefent feafon of the year, always fa- vourable to me, gives me the appearance/ and indeed, in fome degree the fenfation of health. But much care is ftill wanting to Hcftore me to my former ftate. Tne remedies prefcribed me are repofe, regimen of diet, and repeated vifits to Bath : my intention, in confequencey w?s to remain' fome time in the country, to repair ( ^3 ) repair to Bath for a fliort time next month, and to return thither for a much longer fpace in the more proper feafon, the Autumn. But whatever may be the benefit of all or any part of this plan, I am perfuaded, that to ex- pofe my conftitution to the next American winter, is in probability to doom me to the grave. That I fhould not hefitate at fuch an alter- native, in circumftances of exigency, I am con- fident the King will admit, when in his grace he (hall recollect how often at his Majefty's call in this war, I have relinquilhed private duties and affedion more impullive upon the heart than any we owe to exiiknce. The purpofes intimated for my prefent attendance in Ame- rica, would, 1 fear, be very different from fervices. The army 1 commanded, credulous in my favour, and attached to me by the feries of conflids and misfortunes we have in common fuftained, would not find material confolation from my return in difgrace ; and their difap- pointment could not but be enhanced by fuch an indication, that Government either thought it inexpedient to ratify the convention of Sara- toga, or defpaired of a ratification effeduating the rei'emption of that army ; for they would not conceive it poflible, had th;; return of the troops been in view, that any perfon would have advifed the King to what then might have appeared fo harfli an ad as fending 3 an ! i ( »4 ) ^n infirm, calumniated, unheard complainnnf, acrofs the Atlantic, merely to infpeft their em- barkation. Your Lordfhip will perceive the parts ot this letter which apply to the council of the throne, from whence 1 am to fuppofe the or- der 1 have recieved originated, and in your juftice and generofity you will guard me, my Lord, from any fuppofable prcfumption of ex- poilulating with the King in perfon. But I apply to the fame qualities in your Lordlhip's mind, for pointing out to his Majefty, inder pendently of his council, other letters, among thofe tranfmitted to the fecretary of ftate, al- ledging other reafons, and thofe more preva- lent than the attention to health for my return to England; and permit me, my Lord, to add, that every one of them receives ten-fold weight from what has happened lately, for my continuance in England. The fpecial- reafon upon which I chiefly reft at prefent, my Lord, is a vindication of my honour. Until that by full and proper trial is cleared to my Sovereign and to my coun- try, i confefs I (hould feel a removal from hence, though enforced by the term duty, the fevereft fentence of exile ever impofed ; and when the time and cfrcumftances of fuch re- moval are farther coniidered, that Britain is threatened wiih invaiion, and that after an enemy has fet my arm at liberty, 1 am for- bid a ihare in her defence by the council of my ) \ ■ Nl ( *5 ) my oWn fovereign — After thefeconfideratlons, can I, my Lord, be deemed offenfive if 1 ven- ture to declare that fo marked a combination of difpleafure and hard treatment, would be more than I (liould be able, or perhaps ought to bear. My caufe, m} Lord, thus committed to your office and character, I have only to add my reliance that you will do it juftice, and. the refped with which I have the honour to be, &c. &c. &c. Lord Barrhgton, ) \ [No. 3.] SIR, ITar'Office.yunezy.i^'j^. I TOOK the firft opportunity of laying before the King your letter to me, dated the 2 2d in- ftant. His Majefty continues to think your prefence with the troops taken at Saratoga, and ftill detained prifoners in New England, of fo much importance to them, that he has commanded me to acquaint you it is his pleafure, that you return to them . ; foon as you can, without any riik of material injury to your health. ^^^j^, . I have the honour to be, . S I R, Your moft obedient humble Servant, Lieut* Gej7. Burgoyne. Barrington. E Cor- ( ^6 ) Correfpondence with Mr. yenkinfoft* [No. 4.] fVar-Office, September 24, 1779* SIR, I AM commanded by the King to acquaint you, that your not returning to America, and joining the troops, prifoners under the con- vention of Saratoga, is confidered as a negle£t of duty, and difobedience of orders, tranfmit- ted to you by the Secretary at War, in his letter of 5tU June, 1778. I have the honour to be, &c. &c. &c. (Signed) C. Jenkinson. Lktit. Gen. Burgoyne. ■ [No, 5.] Hertford'Streety OSiober ^y ^779' SIR, I RECEIVED your letter acquainting me, that my not icturning to America, and join- ing the troops, pHforters under the conven- tion of Saratoga, Is confidered as a neglect of duty and diiobedience of orders, tranfmit- ted to me, by the Secretary at V?^r, in his letter of 5th June, 1 778." During c: P (' r ( ^7 ) During a fervice of more than thirty years, I have been taught by the rewards of two fuc- ceffive Sovereigns, to believe, that my milita- ry conduct was held deferving of more favour- able terms than thofe which are applied to it in the above recital. I have rccr* ed from his prefent Majefty in particular, repeated and confpicuous teftimonies of diftindion and good opinion : and I ihould have been the moft un- grateful of men, if I had not felt, and uni- formly endeavoured to mark the warmeft and moft dutiful attachment to his perfon, toge- ther with a punftilious perfeverance in the ex- ecution of all his lawful commands. Under this fenfe of my paft (ituation, your letter ftated to be written by the King's com- mand, cannot but affed me moft painfully. The time in which I am charged with neg- lect of duty, has been employed to vindicate my own honour, the honour of the Britifh troops, and of thofe of his Majefty's allies, under my late command, from the moft bafe and barbarous afperiions, that ever were forged againft innocent men, by malignity fupported by power. In regard to the fecond charge, I muft firft obferve that there were two letters from the late Secretary at War, upon the fubje£t of my return to America ; and though you only ft ate that of the 5th of June, I conclude it is not meant, that the other of the 27th ftiould be fupprefted, as it is explanatory of the for- i I i mer. E2 The ( ^8 ) The fignlfication of the King's pleafurc therein contained being clearly conditional, and the condition depending upon my own judgment; I am unable to conceive by what poffible conftruAion it can be confidered as difobedience, that I have not fulfilled an op- tional condition ; and I am ready, and defi- rous to meet the judgment of a proper tribu- .jial upon that, as upon every other part of my conduct. In the mean time. Sir, I am not told who it is that confiders my taking advantage of my parole for the purpofes I have done, as a neg- le£t of duty, and breach of orders, and has fo reprelented it to his Majefty. But in this ftate of ignorance concerning my enemies, 1 muft fay, as well from duty to my Sovereign, as from juftice to myfelf, that they who have abufedthe confidence of their gracious Matter, \)y fucli a grofs mifreprefentation, merit, and 1 truft will meet with more of his difpleafure, ^han they wickedly have drawn upon me. The punilhmtnt implied in the order refer- red to, you will obferve. Sir, is unufual as well as cruel. Whether the mlnifters of the prown, can legally order a Britifli fubject into captivity either at bbme or abroad without trial ; or whether they pan compel an oliicer by virtue of his general military obtrdience, to deliver himfelf to the prifon of the enemy, without any requiiition on their part, is (to fjy nothing ftronger of it) matter of ferious do^ibt. ( ^9 ) (doubt. On pretence of military obedience, 1 am ordered to the only part of the world in which I can do no military fcrvice. An ene- my's prifon is not the King's garrifon, nor is any thing to be done or I'lifTered there, any part of an cfficer's duty ; fo far from it that it jnipl'es a direct incapacity for any military fim6tion. What are the military orders I am to give to men who have no arms to fight, and no liberty to march ? Or by what rule is my not being in the hands of rebels, under- ftood to be a negledl of duty to my Sovereign ? Sir, the thing is too evident ; thofe who ca- lumniate my conduft on this account are de- firous not of ferving the King, but of in- luhing me, and of eftablifhing new, dange- rous, unmilitary and unconftitutional powers in themfelves. While a precedent is eftablifhing in my par- ticular cafe, I requeft it may moreover be re- membered that lam deprived of a court-mar- tial upon my conduft in America, becaufe I am not fuppofed to be amenable to the juftice of the kingdom : ^nd the King is told I have difobeyed his orders, in the very fame breath that 1 am ftated not to be accountable to him : by this doctrine it feems fuppoled, that I am not capable of receiving orders for the purpofes of public juftice or public fervice, but am perfectly fubjtd to all fuch as have a tendency to my own delLru£lion. But it has been fuggefted when no military duty could be devifed as a ground for this or- I 'I I i ' ipjil , Jl*l ( 3» ) der that I might be returned to captivity in a fort of civil capacity. To comfort my fellow prifoners by a participation of their fufferings, and to a£t as a commiflary to negociate for them. Could any fufferings of mine alleviate the fmalleft of theirs, I (hould willingly fub- mit to any thing the malice of the prefent mini- flers could inflift upon me. But it is equally injurious to truth and to their honour and hu- manity, to fuppofe that my perfecution could make any part of their confolation. What confolation could they derive from my junc- tion to the common captivity, only to tell them that not a name among them is to be found in the numerous lift of iate promotions ? And that the negoitations to be undertaken in their favour, are to be conducted by the man who is notorioufly profcribed by the power in the name of which he is to negotiate ? Who alone of all the officers who have dome from America, has been denied all accefs to the King ? Cruelly as I and my fellow fuflfercrs are treated, I can fcarce bring myfelf to wifh, that they who provide fuch comfort for others fhould receive it in Jl fimilar iituation theni- felves. I am forry finally to obferve that the treat- ment 1 ha\ e experiencecl; however contradifto- ry in the reafons aiCgned fcir the feveral parts of it, is perfectly uniform in the principle. They who would not fuffer me to approach the King's prefence to vindicate myfelf before him ; who ■^ u (« ( 3' ) who have held that I cannot have a court-mar- tial to vindicate niyfelf to my profeflion ; and who have done all they could do, to prevent mfe from vindicating myfelf to my country by a parliamentary enquiry ; are now very fyftcmatically defirous of burying my inno- cence and their own guilt, in the prifons of the enemy, and of removing, in my perfon, to the other fide of the Atlantic Ocean, the means of renewing parliamentary proceedings which they haverealon to dread. Thofe extraordinary attempts to opprefs in my perfon the rights of all fubjefts, and to pervert every idea of military obedience, by direfting it, not to the fervice of the pu- blic, but the ruin of officers, juftified me to my own confcience, in the part 1 took under the conditional order, referred to in your letter. I found the fame inward juftification in requi^ ring in the moft public manner, at the clofe of the late feffion of parliament, a clear, pe- remptory order, in cafe the minifters perfeve- red in their intention of refurrendering me to the enemy. 1 have received no order; had an order been fent to me framed in any manner that I could have adted upon it confidently with the exi- gence of character ; I might have made a pro- teft againft the precedent, I might have en- quired of you, Sir, by what probable means in the prefent pofture of affairs it was to be executed. But in deference to the King's name, if 3 II mm ( 3« ) name, as a military fervant, I meant fiibmif- fion. Your letter, Sir, inftead of an order for my future condiift U an unjuft reproach of my paft ; for which I humbly implore of his Majefty and {irmly demand of his conncih, trial by a court-martial. Should thnt be refu- fed or procraftinated upon the principle for- merly adopted, " that in my prefent fituation *' no judicature can have cognizance of my " actions ;'* I can then conlider the purport of your letter. Sir, in no other light than that of a difmilfion, a difmiflion as conclufive as any you could have worded in form, and per- haps more poignant. To eat the bread of the Crown however faithfully earned^ under a fentence, without appeal, in the name of the King, of ncgled of duty and difobedience of orders, is incompatible with my conception of honour ; an interdiction from my country ; a banilhment to the only part of the world in which I am difabled from ferving that country at the moment of her fate ; and when every other arm, even to the weakeft is prefled to her defence ; thefe circumftances give a critical barbarity to the intentions of the King's ad- vifers, that an Englifh foldier cannot fupport. Therefore, Sir, 1 find myfelf compelled, if not allowed an early trial, or by the King's grace, upon this reprefentation, reftored to a capacity of fervice, through your official channel to requeft his Majefty, to accept of my refignation of my appointment upon the A me- w I ^ wmm m^mt -I. . / ( 33 ) American ftaff; of the Queen's tegiment of light dragoons ; and of the government of Fort William, humbly defiring only to rcferve my rank as lieutenant-general in the army to render me the more clearly amenable to a court-martial hereafter, and to enable me to fulfil my perfonal faith, ihould 1 be required by the enemy fo to do. I have the honour to be, &c. 2'he Right Honourable Charles Jenkinforiy Secretary at War, S I R, [No. 6.1 War 'Office, OStober 15, 1779. I HAVE received your letter of the 9th in- ftant, wherein after ftating your reafons for ob- jeding to the feveral fteps that have been taken with relation to the orders given for your return to North America, you add that" if you are not allowed an early trial, or if by his Majefty's grace, upon the reprefentations contained in the faid letter, you are not reftored to a ca- pacity of fervice, it is your reqiieft to his Ma- jefty, that he will be pleafed to accept your refignation of your appointment to the Ame- rican ftaif, of the Queen's regiment of Light Dragoons, and of the government of Fort F Wil. .1 "n— T ^^mm ( 34 ) William; humbly defiring only to rcfcrve your rank of Lieutenant General in the army, to render you more clearly amenable to courts martial hereafter, and to enable you to fulfil your perfonal faith, ftiould you be required by the enemy fo to do. Having laid your letter before the King, I am commanded to acquaint you, that for the reafons fubmittcd to his Majefty by the Board of General Officers, in their report, dated 23d May, 1778, (which reafons fubfift in the fame force now as they did at that time) his Majefty does not think proper that any part of your condudl fhould be brought before a military tribunal, fo long as you ihall continue engaged to re-deliver yourfelf into the power of Congrefs upon their demand and due notice being given by them. Nor does his Majefty think proper, in confequence of the reprefentations contained in your faid letter, to reftore you, circumftanced as you are, to a capacity of fervice. Neither of thefe rcquefts can therefore be granted, I have it firther in command from the King to acquaint you, that his Majefty conftders your letter to me as a proof of your determi- nation to perf'i^vere in not obeying his orders, iignified to you in the- Secretary at War's let- ter of the 5 th June, 1778 : and for this rea- fon, his Majefty is pleafed to accept your reiignation of the command of the Queen's regiment of Light Dragoons, of the govern- ment } ftar beei mil ace perl tion I ceiv to n I tial. I trial not ( 35 ) nient of Fort William, and of your appoint- ment on the American ftafT, allowing you only to refer ve the rank of Lieutenant General in the army, for the purpofes you have dated. Lord Harrington's letter of the 27th of June is coniidered as explanatory of the orders given in his letter of the 5th of that month. I have the honour to be, &c. (Signed) C. Jenkinson. Lieut* Gen, Burgoyne, :fe u- irs, ct- )ur [No. 7.] Hertford-Street, OSlober ly, ^779* SIR, 1 RECEIVED your letter of the 15th in- i^ant, informing me, that his Majefty had been pleafed to accept my rellgnation of my military employments, and that 1 am refufed a court-martial upon that difobedience, for my perfeverance in which, you tell me my refigna- tion is accepted. 1 muft perfift in denying, that I have re- ceived any other order, than an order fubje(S to my own difcretion. I muft perfift in my claim to a court-mar- tial. I apprehend, that if I am not fubjed to a trial for breach of orders, it implies that I am not fubjeft to the orders themfelves. F 2 I dp 36 ) I do not admit that 1 cannot legally have a court- martial, circiimftaiiced as I am : but thofe who advife his Majefty, aflert it, and they are anfvverable for this contradiftion be- tween their reafoning and their condu(5l. The report of the general officers, I hum- bly conceive, is erroneous. And the fubfe- qiient appointment of other gentlemen, ex- jidly in my circumftances (with great merit on their part to entitle them to any diftinc- tion) to military employments, fubjeft to or- c''MS, and accountable for the breach of them, is one of the reafons for my conceiving, that the King's advifers do not differ from me in (^pinion, that the general officers were mi- ftaken. Thinking it probable, Sir, that this letter may clofe the correfpondence between us, I conclude with the fentiments I have never de- viated fiom in any part of it; and I requeft you to allure his Majefty, with all humility on my part, that though 1 have reafon tc> complain heavily of his Majeiiy*s Minifters, my mind is deeply imprefled, as it ever has been, with a fenle of duty, refped, and affec- tion to his royal P?;rfon. »* 1 have the honour to be. &( ^he Right Hon, C1iarle< Jenkinfon, StcretcJiy at JVar, [N o. lateaajUgyg-^ .,,_^ jx;: ' ^^ i 'Ssmi^ ^■■^•w^** m^W* •imm 1 i 37 ) [No. 3.] IVar-^Office, OBober 22, 1779. S I R. I HAVB the honour to acknowledge the re- ceipt of your letter, dated the 17th inftant, and to acquaint you, that \ took the firft op- portunity of laying it before the King. I have the honour to be, SIR,. Your mofl: obedient humble fervant, C. Jenkinson. Lieut Gen. Burgoyne. &c. &c. Sec. FINIS. \ 4 . . Speedily will be puhli/hed, A STATE t f the EXPEDITION from CANADA, as laid before the Houfc of Commons by Lieutenant General Burgoyne, and verified by Evidence, With a Colleaion of authentic Documents, and ao Addition of many Circumftances which were prevented from appearing before the Houfe by the Prorogation of Parliament. Written and Collefted by himfelf, and de- dicated to the Officers of the Army he commanded. This Publication has been hithe-to poftponcd for the Purpofe of inlerting fcveral Plans explanatory of the Aflions, which it has taken a confiderable Time to engrave. Printed for J, Mnon^ oppofite Burlington'Houfi<, PiccaJil^. mm mm^. I fWUPi' 1 ■ Lately fuhli^Mf The SUBSTANCE of Gen. BURGOYNE*s Speeches, on Mr. Vyner's Motion, on the 26th of May ; and upon Mu Hart- 1^'s Motion, on the 28th of May, 1778. With au Appewlix. Fourth Fdition. Price 'S. , . . ^ PROCEEDINGS zi a COURT-MARTIAL held at Cam. bridge, for the Triat of Col. David ifenley, acculcd ^ Gen. Bur- goyne of l\\ ciTatmBnt of the Briiifh Soldiefs. Price as. 6d. '* T London, November 6^ '779i» On Thurfday^ the l^tb Ifi/fata, kinglbt Firjf Day of the Meeting of ParlkauMty will he puh6/hta A New Morning Newfpaper, TO B£ &liT|Ti.SD The London Gourant, AND Weftmlnfter Chronicle, hndt to be continued every Day. Price Threepence. Printed and pubU(hed by J. ALMON, oppofoc Burlington- MoufefFloadltty. TO THE PUBLIC. At the Solicitation c^ ciaay Petfons of high Rank nncl Abilities, this PtlbUcjiti9(l is undortakeiu The Edi- tors will not ptcfame to eftimatc fo lightly the Judg- ment of the Public, as to trouble them with any Apolo- gy - for vWs I>cfign : Nor is the Plan of a Newf- pajjer fuch a Novelty as to make a Detail of it nc- ccflavy. 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