The Pennsylvania packet, or, The general advertiser — Lancaster, Pa.;Philadelphia, Pa., 1780-03-07 00:00:00, page 2

[N°. I.]
Cerrefpoudence with Lord Barrington.
SIR, War-Office, June 5, 1778.
R, HE King, judging your pretence material to the
troops detained prisoners in New England, under
the Convention of Saratoga; and finding a letter of yours
to Sir William Howe, dated April 9, 1778, " that you
trust a short time at Bath will enable you to return to A
nierica," his Majesty is pleased to order that you shall re
pair to Boston as soon as you have tried the hath waters,
in the manner you propose.
I have the honour to be, Sir,
Your moil obedient humble servant,
BARRINGTON.
Lieutenant General Burgoyne,
Hertford street.
[No, ll.]
My Lord, June 22, 1778.
I HAVE considered the letter I had the honour to
receive from your Lordihip the sth instant, with theatten
tion and refpefl due to an intimation of the King's plea
sure. I have nhw to request your Lordship to lay before
his Majefly a few particulars of ty situation ; and to of
fer to his royal consideration, with all humility on my
part, such of my complaints as admit of consideration.
My letter to Sir William Howe, referred to in your
Lordfllip's letter, was writ in the fulnefs of z~al to renew
my service in arms the ensuing campaign. The fatisfac
tion of fuecceding in that application would have tended
to my recovery, or for a time might have prevented my
feeling an ill. Deprived of so animated a Support, and
visited by new and unexpected anxieties, I have now re
course only, as far as the mind is concerned, to a clear
confeience, perhaps a more tardy, bur, I tru ft, as effica
cious an affi fiance.
The present season of the year, always favourable to
me, gives me the appearance, and indeed in some degree,
the sensation of health. But much care is still wanting to
rtftore me to my former state. The remedies pref ribed
me are repose, regimen of diet, and repeated visits to
Bath : my intention, in consequence was to remain some
time in the country, to repair to Bath for a short time
next month, and co return thither for a much longer space
in the more proper leafon the autumn. But whatever may
be the benefit of all or any part of this plan, I am perfuad
ed, that to expose my constitution to the next American
winter, is in probability to doom me to the grave.
That I should not hesitate at such an alternative, in cir
cumstance of exigency, I am confident the King will ad
mit, when in his grace he shall recoiled how often at his
Majelly's call in this war I have telinquifhed private du
ties and affection, more impulsive upon the heart than
any we owe to existence. The purposes intimated for my
present attendance in America, would, I fear, be very dif
ferent from service.
The army I commanded, ctedulous in my favour, and
attached to tne by the series of confits and misfortunes
we have in common sustained, would not find material
consolation from my return in disgrace ; and their disap
pointment could not but be enhanced by such an indigna
tion ; that government either thought it inexpedient so
ratify the Convention of Saratoga, or despaired of a rati
fication effectuating the redemption of that army ; for they
would not conceive it possible had the return of the troops
been in view, that any person would have advised the
King to what then might have appeared so harsh an aft as
fending an infirm, calumniated, unheard complainant, a
cross the Atlantic, merely to infpea their embarkation.
Your Lordthip will perceive the parts of this letter which
apply to the Council of the throne, from whence I am to
suppose the order I have received originated, and in your
juftiee and geuerofity you will guard me, my Lord, from
my supposable preemption of expostulating with the King
in person. But I apply to the fame qualities in your
Lordship, mind, for pointing out to his Majesty, inde
prudently of his Council, other letters,amogthofe trans
nutted to the Secretary of State, aletgir.g other reasons,
and those mere prevalent than the attention to health for
my return to England ; and permit me, my Lord, to add,
t at every of them receives tenfold weight from what has
happened lately, for my continuance in England. The
ipeci d reason upon which I chiefly rest at present, my Lord,
i; a vindication of my honour.
Until that, by full and proper trial, is cleared to my
Sovereign and to my country, I confefs I Ihould feel a
removal from heuce, though enforced by the term du
ty, the severest lenience of exile ever imposed ; and
when the time and circumflances of such removal are far
ther considered, that Britain is threatened win invefion,
and tiat after an energy,has set my arm at liberty, lam
forbid a share in her defence by the council of my Sove
reign. A'ter these confideratrons, can I, my Lord, be
deemed offinfive if I venture to declare, that so marked a
combination of displeasure and hard treatment, would be
more than I should be able, or perhaps ought to bear ?
My cause, my Lord, thus committed to your office and
character, I have only to add my reliance that you will do
it justice, and the refped with which I have the honour to
be, &c. &c. &c.
Lord Barrington.
[No. lII.]
SIR, War-Office, June 27, 1778.
" I took the firft opportunity of laying before the King
your le.ter to me dated the 22b instant. His Majesty con
tinues to think your presence with the troops taken at Sa
ratoga, and still detained prisoners in New England, of
so much importance to them, that he has commanded me
to acquaint you, it is his pleasure, that you return to them
as soon as you can, without any risk of material injury to
your health.
I have the honor to be, Sir,
Your mod obedient humble servant,
BARRINGTON.
Lieutenant-General Burgoyne.
Correspondence with Mr. Jenkinfon.
[No. 1V.,1
SIR, War-Office, September 24, 1779.
I AM commanded by the King to acquaint you,
that your not returning to America, and joining the troops,
The following are the various letters that passed between
the late and prefect Secretary at War, and Lieutenant
General Burgoyne, previous to that officer's resignation
of his military employments.
LONDO N.
[ No. V. ]
SIR, Hertford-ftreet, OH. 9. 1779.
I RECEIVED your letter acquainting me, " That
" my not returning to America, and joining the troops,
" prisoners under the Convention of Saratoga, is confi
" dered as a negled of duty, and disobedience of orders,
" transmitted to me by the Secretary at War, in his letter
'' of the fill of June, 1778."
During a service of more than thirty years, I have been
taught by the rewards of two successive Sovereigns, to be
lieve, th t my military condud was held deserving of more
favourable terms than thole which are applied to it in the
above recital. I have received from his present Majesty,
in particular, repeated and confpicuons teflimenies of dif
tinflion and good opinion: And I should have been the
mos iungrateful of men, if Ihad not felt and uniformly
endeavoured to mark the warmest and most dutiful at
tachment to his person, together with a punctilious perfe
verence in the execution of all his lawful commands.
Under this sense of my pafl situation, your letter slated
to be written by the King's command, cannot but affed
me most painfully.
The time in which lam charged with negled of duty,
has been employed to vindicate my own honor, the honor
of the Britifli troops, and of those of his Majesty's allies,
under my late command, from the most base and barba
rous aspersions that ever were forged against innocent men,
by malignity supported by pawer.
In regard to the second charge. I must finft observe
that there were two letters from the late Secretary at War,
upon the fubjeft of my return to America; and though
you only state that of the sth of June, I conclude it is nut
meant that the other of the 27th fhosld be suppressed, as
it is explanatory of the former.
The fignification of the King's pleasure therein contain
ed, being clearly conditional, and the condition depend
ing upon my own judgment, I am unable to conceive by
what possible conftruttion it can be considered as difobe
dienee, that I have not fulfilled as optional condition ; and
I am ready and desirous to meet the judgment of a pro
per tribunal upon that, as upon every other part of my
conduft.
In the mean time, Sir, I am not told who it is that confi
ders my taking advantage of my parole for the purposes I
have done, a neglect of duty, and breach of orders, and
has so represented it to his Majesty. But in this state of
ignorance concerning my enemies, I must fay, as well
from duty to my Sovereign, as from justice to myfelf,
that they who have abused the confidence of their gracious
matter, by such a gross misrepresentation, merit, and I
trust will meet with more of his displeasure than they
wickedly have drawn upon me.
The punishment implied in the order referred to, you
will observe, Sir, is unusual as well as cruel. Whether
the Miniflers of the Crown can officially order a British
fubjed into captivity, either at home or abroad, without
trial, or whether they can compel an officer by virtue of
his general military obedience, to deliver himfelf to the
prison of the enemy, without any requisition on their part,
is (to fay nothing ftrongerof itj matter of serious doubt.
On pretence of military obedience, I am ordered to the
only part of the world in which l ean do no military ser
vice —An enemy's prison is not the King's garrison ; nor
is any thing to be done or feffered there, any part of an
officer's duty ; so far from it, thatit implies a dired in
capacity for any military function.—Wbat are the milita
ry 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 be
ing in the hands of rebels, underflood to be a neglect
of duty to my Sovereign? Sr, the thing is too evident;
those who calumniate my conduct on this account, are
desirous not of serving the King, but of insulting me, and
ofeftablifhimg new, dangerous, unmilitary, and unconfti
tutianai powers ,in themselves.
While a precedent is eftablilhing in my particular case,
I request it may moreover be remembered that I am de
prived of a Court-martial upon my conduct in America,
because I am not supposed to be amenable to the justice of
the Kingdom : And the King is told, I have disobeyed
his orders, in thevery fame breath that lam stated not to
be accountable to him : By this doctrine it seems foppofed,
that I am not capable of receiving orders for the purpose
of public juflice or public service, but am perfefVy fub
jefl to all such as havea tendency to ray own deftruOion.
But it has been fuggefled, when no military duty could
be deviled as a ground for this order, that I might be re
turned to captivity, in a fort of civil capacity, to corofort
my fellow prisoners by a participation of their fufiferings,
and to aft as a Commissary to negociate foe them. Could
any (offerings of mine alleviate the smallest of theirs, I
should willingly Submit to any thing the malice of the pre
f.nt Ministers could inflict upon me. But is is equally
injurious to truth and to their honor and humanity, to
suppose that my persecution could make any part of their
confutation. What confutation could they derive from
my junction to the common captivity, only to tell them
that not a r. .me among them is to be found in the numer
ous lift of late promotions? And that the negociations
to be undertaken in their favour, are to be conducted by
the man who is notcrioufly proscribed by the power in the
name of which he is to nego iate? Who alone, of all the
officers who have come from America has been denied all
access to the K'ng ? Cruelly as I and my fellow fufferers
are treated, I can Scarce bring myfelf to wifli, that they
who provide such comfort for others should receive it in a
similar situation themselves.
prisoners under the convention of Saratoga, is cenfidered
as a neglect of duty and disobedience of orders, transmit
ted to you by the Secretary at War, in his letter of the sth
of June, 1778.
I have thehonour to be, &c- &c. &c.
(Signed) C. JENKINSON.
Lieutenant-General Burgoyne.
I am sorry finally to observe that the treatment I have
experienced, however contradictory in the reasons assign
ed for the several parts of it, is perfectly uniform in the prin
ciple. They who would not fuffer me to approach the
King's presence to vindicate myfelf before him; who have
held that I cannot have a Court-martial to vindicate my
felf to my profeffion; and who have done all they could
do, to prevent me from vindicating myfelf to my country
by a Parliamentary enquiry ; are new very systematically
desirous of burying my innocence and their own guilt, in
the prisons or the enemy, and of removing, in my per
foD, to the othror fide of the Atlantic Ocean, the means of
renewing Parliamentary "proceedings which they haverei
fon to dread.
These extraordinary attempts to oppress in my perfea
the rights of all Subjects, and to pervert every idea of mi
litary obedience, by directing it, wot to the service of the
public, but the ruin of officers,' juftified me to my own
conscience, in the part I took uh^cr the conditional or
der, referred to in your letter. I found the fame inward
juftification in requiring in the most public manner, at the
ctofe of the last Session of Parliament, a clear, peremp
tory order, in case the Ministers persevered in their in
tention of re-furreadering me to the enemy.
I lave received tio order ; had an order been fe^t to me
framed in any manner that I could haveafled upon it con
fidently with the exigence of charader, I might have
made a protest agaiuft the precedent, I might have en
quired of you, Sir, by what probable means in the present
posture of affairs it was to be executed. But in deference
to the King'sname, as a military servant, I meant submis
sion. Your letter, Sir, instead of an order for my future
conduß, is an unjust reproach ofmy past ; for which I
humbly implore of his Majesty, and firmly demand of
bis councils, trial by a court martial. Should that be re
fufed or procrastinated upon the principle formerly adopt
ed, " that in my present situation no judicature can have
“ cognizance of my aliens;" I can then confider the
purport of your letter, Sir, in no other light than as a dif
miffion : A difmiffiep as conclusive as any you could have
worded in form, and perhaps more poignant. To eat the
bread of the frown, however faithfully earned, under a
Sentence, without appeal, in the nameof the King, of neg
left of duty, and disobedience of orders, is incompatible
with my conception of honour; an interdiction from my
country ; a banifhmenf to the only past of the world in
which f am disabled from Serving that country at the mo
ment of her fate: and when every other arm, even to the
weaken, is pressed to her defence ; these circuteft^nces
give a critical barbarity to the intention of the King's ad
visers, that an Englrfh soldier cannot ftipport. Therefore,
Sir, I find myfelf compelled, if not allowed an early tri
al, or by the Kiog's grace, upon thie representation,
re stored to a capacity of service, thro' your official chan
nel to request his Majesty to accept of my refi,.nation of
my appointment upon the Americas ftaff ; of tut Queen's
regiment of ogh f dragoons ; and of the government of Fort
William ; humbly defifing only to leferve my rank as
Lieutenant-General in the army, to render ire the more
clearly amenable to a court mart,al h realter and to ena
ble me to fulfil my personal faith, should 1 be requiredby
the enemy so to do.
I have the honor to be, &c &c.
To the Right Honourable Charles Jcnkinion,
Secretary at War.
[No. VLJ
SI R, War Offiet, October 15 1779.
I HAVE received your letter of thsghinh wherein,
after Rating your reasons for o j Cbe to the several
steps that hava been tak-n with relation to the orders
given for your return to North America, you adc, that
“ if you are net allowed an early trial, or if by his Ma
jesty's grace, upon the re prefer.tatjons contained in the
laid letter, you are not raftered to a capacity of service,
it is your request to hit Maj sty, that he will be pleased
to accept your resignation of your appointment to the
American ftaff, of the Queen's regiment of light dra
goons, and of the government of Fort William; hum
bly defining only to refers# your rank of Lieutenant-
General in the army, to render you more clearly amena
ble to Courts Martial hereafter, and to enable you to
fulfil your personal faith, should you be requeued from
the enemy so to do.
Having laid your letter before the King, lam com
mended to acquaint you, that for the reasons fubrntt d
to his M jefty by the Board of General Officers, in their,
report dated the 23d of May, 1778, (which reasons tub
lift in the fame force now as they did at that time) his
Majesty dees not think proper that any part of your con
duct mould be brought before a military tribunal, so
long as you shall continue engaged to re deliver yourfelf
into the power of Congress upon their demand, and due
notice given by them. Nor does his Majesty think pro
per, in consequence of the representations contained in
your laid letter, to restore you, circuroftanced as you
are, to a capacity of service. Neither of these requeft#
can therefore be granted.
Ih ve it further in command from the King to ac
<iu tint you, that his Majesty confides your letter to me
as a proof of your determination to perfevete in not
o' e irg bis orders lignified to you in the Secretary at
W ,'s letter of the s th of June, 1778; and for this rea
son iris Majesty is phased to accept your resignation of
the command of the Q o en\ regiment of light dragoons,
of tbs government 0 F rt William, and of your ap
pomtmenl on the Ameri^ an ftaff, allowing you only to
reserve the rank of Lieutenant-General in the army, for
the purposes you b.?ve stated.
Lend Barrington's letter of the 2 7th of June is consi
dered as explanatory of the orders given in his letter of
tae sth of that month.
I nave the honour to be, &c.
(Signed) C. JENKINSON.
Lieut. General Burgoyne.
[No. VII.]
SI R, Hertford -street, O&ober 17, 1779.
I RECEIVED your letter of the 15 b instant, inform
ing me, that his Majesty had been pl aed to accept my
resignation of my military employments, and that I am
refund a Court martial upon that disobedience, for my
perfeverence in which, y u tell me my resignation is ac
cepted.
I must persist in denying, that I have received any 0-
ther order, than an order futya tc my own difereticn.
I mutt persist in ru claim to a Court-martial.
I apprehend, that if I am not fubj^a to a trial for
breach of orders, it implies that I am not fubjea to the
orders themselves.
I do not admit that I cannot legally havea feurt- mar
tial, circun ftanced a# I m: But those *bo udvift bis
Majesty affrt it, aid they are anfwa: . : Ie for this ~cn
tradiaion between their reasoning and their centr a.
The report of the General officers, I hnm lye ncri%
is erroneous. And tbs fu! fquent *[poi torn tot other
gentlemen, exa&ly in my cucumftanccs (wuh great me-