As Burgoyne was by Article I. allowed to march to the ground of surrender "with the honors of war", General Horatio Rogers, with the sentiment of a true soldier, says in one of his admirable annotations of _Hadden's Journal_: "Had Burgoyne's officers believed that their colors were not embraced in the terms of the convention, they would have flung them to the breeze and proudly marched out under them, as an indication of how much of their honor they had preserved, especially when they supposed they were about to embark for England; for soldiers lay down their lives for their flags, the loss, surrender, or concealment of which, save in rare instances, is synonymous with defeat and humiliation."[736] Though it appears that all of the accoutrements and other public property of the Anglo-German army were not surrendered and a considerable part was found unserviceable, it is unnecessary to make a special point of this minor matter, after presenting the graver delinquencies on Burgoyne's part. General Halleck, one of the best authorities on the Laws of War, in his work on _International Law_, says: "The general phrase, 'with all the honors of war,' is usually construed to include the right to march with colors displayed, drums beating, etc.... A capitulation includes all property in the place not expressly excepted, and a commander who destroys military stores or other property after entering into such agreement not only forfeits all its benefits, but he subjects himself to severe punishment for his perfidy. So, after a capitulation for the surrender of an army in the field, any officer who destroys his side arms or his insignia of rank deprives himself of all the privileges of that rank, and may be treated as a private soldier. The reason of the rule is manifest. The victor is entitled to all the honors and benefits of his agreement the moment it is entered into, and to destroy colors, arms, etc. thereafter is to deprive him of his just rights. Such conduct is both dishonorable and criminal." Whether the shortcomings of the British general-in-chief were known to Washington cannot be determined, but the latter's correspondence clearly indicates what he believed would be the action of George III. upon the arrival of the convention troops in Great Britain. Hence he writes, November 13, to General Heath: "Policy and a regard to our own interest are strongly opposed to our adopting or pursuing any measures to facilitate their embarkation and passage home, which are not required of us by the capitulation."[737] Congress, December 17, concurred in these views, and consequently refused Burgoyne's application for his army to embark from Newport or some port on Long Island Sound, to avoid the long and dangerous winter passage around Cape Cod of the British transports which were to receive the troops.