"A free passage to be granted to the army under General Burgoyne to Great Britain, upon condition of not serving again in North America during the present contest: and the port of Boston to be assigned for entry of transports to receive the troops whenever General Howe shall so order." A letter was written by Paine to Hon. Richard Henry Lee, dated at "Headquarters, fourteen miles from Philadelphia," October 30th, 1777. "I wrote you last Tuesday 21st Inst., including a Copy of the King's speech, since which nothing material has happened at Camp. Genl. McDougal was sent last Wednesday night 22d. to attack a Party of the Enemy who lay over the Schuylkill at Grey's Ferry where they have a Bridge. Genls. Greene & Sullivan went down to make a diversion below German Town at the same Time. I was with this last Party, but as the Enemy withdrew their Detachment We had only our Labor for our Pains. "No Particulars of the Northern Affair have yet come to head Qrs., the want of which has caused much Speculation. A copy, said to be the Articles of Capitulation was recd. 3 or 4 days ago, but they rather appear to be some proposals made by Burgoyne, than the Capitulation itself. By those Articles it appears to me that Burgoyne has capitulated upon Terms, which we have a right to doubt the full performance of, Vizt., 'That the Offrs. and Men shall be Transported to England and not serve in or against North America during the present War'--or words to this effect. "I remark, that this Capitulation, if true, has the air of a National treaty; it is binding, not only on Burgoyne as a General, but on England as a Nation; because the Troops are to be subject to the conditions of the Treaty after they return to England and are out of his Command. It regards England and America as Separate Sovereign States, and puts them on an equal footing by staking the faith and honor of the former for the performance of a Contract entered into with the latter. "What in the Capitulation is stiled the '_Present War_' England affects to call a '_Rebellion_,' and while she holds this Idea and denies any knowledge of America as a Separate Sovereign Power, she will not conceive herself bound by any Capitulation or Treaty entered into by her Generals which is to bind her as a _Nation_, and more especially in those Cases where both Pride and present Advantage tempt her to a Violation. She will deny Burgoyne's Right and Authority for making such a Treaty, and will, very possibly, show her insult by first censuring him for entering into it, and then immediately sending the Troops back.