On the other side are many high authorities, among whom is Dr. Charles Deane, who, Oct. 22, 1877, made an exhaustive report upon the subject of the Convention of Saratoga to the American Antiquarian Society. He contends that the acts of Congress "were not marked by the highest exhibition of good policy or of good faith."[735] Fair inferences, from the facts in evidence, lead to the belief that neither party was scrupulous in carrying out its obligations. Burgoyne, after a preliminary agreement to the terms of the convention, _was in favor of breaking the treaty_, because, before affixing his signature to it, he had heard of the success of Sir Henry Clinton in the Hudson Highlands. He was willing, therefore, to barter his plighted promise to further his own interest, and actually submitted to a council of his officers "whether it was consistent with public faith, and if so, expedient, to suspend the execution of the treaty, and trust to events." To the honor of the officers of the Anglo-German army, a decided majority of the council overruled the wishes of the general-in-chief, whereupon Burgoyne, Oct. 17, signed the convention. Its second article stipulated that "a free passage be granted to the army, under Lieutenant-General Burgoyne, to Great Britain, on condition of not serving again in North America during the present contest." It seems almost incredible that even Gates could have been guilty of such fatuity in sacrificing by this article all the fruits of the past campaign, and jeoparding American independence. It would have been better to have disarmed and disbanded these demoralized troops on the spot. He could thus have saved the country much anxiety, inconvenience, and expense, in guarding, housing, and caring for them till rested from their fatigues and embarked for England, where they could be exchanged for an army of fresh troops, which might cross the ocean in the spring to plague the inventors of such a stupid compact, or convention. Burgoyne was not slow to avail himself of a _literal_ interpretation of words he had designedly used in drawing up the convention, for we find him, only three days after the surrender, writing to his friend, Colonel Phillopson: "I dictated terms of convention which save the army to the State for the next campaign."