Narrative and Critical History of America, Vol. 6 (of 8): The United States of North America, Part I
History
Narrative and Critical History of America, Vol. 6 (of 8): The United States of North America, Part I
America -- Discovery and exploration; America -- History; United States -- History
General Burgoyne and his staff were allowed by Congress to return to
England on parole. Soon after their departure the British troops were
removed to Rutland, Mass., because of fears of their being rescued by
the British forces then at Newport, R. I. Congress finally directed
that the Convention troops, in order to be more easily subsisted,
should be removed to Charlottesville, Virginia,[740] where they arrived
in January, 1779, and they were detained in the United States till the
conclusion of peace with Great Britain. Most of the officers had in the
mean time been exchanged.
Dr. Deane, in concluding his investigation of this subject, says:
"There can be no doubt that the supreme authority in the State would
always have the right, as it has the power, to revise a treaty made
by its agents, as in the case we have been considering. This follows
from the nature of sovereignty itself. An Arnold might be bribed to
to capitulate to the enemy. But where such treaties are entered into
in good faith, and the obvious powers of the commanders have not been
exceeded, the agreements between the victor and the vanquished are
regarded by the highest authorities as to be sacredly kept. Humanity
demands it; otherwise there would be no cessation of hostilities till
the annihilation of both belligerents."[741]
While Great Britain had just cause to complain of the violation of the
Convention of Saratoga by the American Congress, she might ask herself,
did she always observe strict faith with her revolted colonies.
According to the Articles of Capitulation of Charleston, S. C., May 12,
1780, the garrison were allowed some of the honors of war. They were
to march out and deposit their arms between the canal and the works
of the place, but the drums were not to beat a British march, nor the
colors to be uncased; the Continental troops and seamen, keeping their
baggage, were to remain prisoners of war until exchanged; the militia
were to be permitted to return to their respective homes as prisoners
on parole, and while they kept their parole were not to be molested in
their property by the British troops; the citizens of all descriptions
were to be considered as prisoners on parole, and to hold their
property in the town on the same terms as the militia.
Public-domain text, read in full here on John Shaqi.
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