than they wickedly have drawn

upon me.

The punishment implied in the order referred to, you will obferve, Sir, is unufual, as well as cruel. Whether the Minifters of the crown can legally order a British fubject 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 himself to the prifon of the enemy, without any requifition on their part, is (to fay nothing ftronger of it) matter of ferious doubt. On pretence of military obedience, I am ordered to the only part of the world in which I can do no military fervice. An enemy's prifon is not the King's garrifon, nor is any thing to be done or fuffered there any part of an officer's duty; fo far from it, that it implies a direct incapacity for any military function. What are the military 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 being in the hands of rebels understood to be a neglect of duty to my Sovereign? Sir, the thing is too evident; thofe who calumniate my conduct on this account are de firous not of ferving the King, but of infulting me, and of establishing new, dangerous, unmilitary, and unconftitutional powers in them felves.

While a precedent is establishing in my particular cafe, I requeft it may moreover be remembered, that I am deprived of a court martial upon my conduct in America, because I am not fuppofed to be amenable to the juftice of the kingdom; and the King is told I have difobeyed his orders, in the very

fame breath that I am stated not to be accountable to him: by this doctrine it feems fuppofed, that I am not capable of receiving orders for the purposes of public juftice or public fervice, but am perfectly fubject to all fuch as have a tendency to my own deftruction.

But it has been fuggefted when no military duty could be devised as a ground for this order, that I might be returned to captivity in a fort of civil capacity; to comfort my fellow prifoners by a participation of their fufferings, and to act as a commiffary to negotiate for them. Could any fufferings of mine alleviate the smallest of their's, I fhould willingly fubmit to any thing the malice of the prefent Minifters could inflict upon me. But it is equally injurious to truth and to their honour and humanity, to fuppofe that my perfecution could make any part of their confolation. What confolation could they derive from my junction to the common captivity, only to tell them that not a name among them is to be found in the numerous lift of late promotions? And that the negociations to be undertaken in their favour are to be conducted by the man who is notoriously profcribed by the power in the name of which he is to negociate? Who alone of all the of ficers who have come from Ameri. ca has been denied all access to the King? Cruelly as I and my fellow-fufferers are treated, I can fcarce bring myfelf to wifh, that they who provide fuch comfort for others fhould receive it in a fimilar fituation themselves.

I am forry finally to obferve, that the treatment I have experienced, however contradictory in

the

the reafons affigned for the feveral parts of it, is perfectly uniform in the principle. They who would not fuffer me to approach the King's prefence to vindicate myfelf before him; who have held that I cannot have a court martial to vindicate myself to my profef. fion; and who have done all they could do to prevent me from vindicating myself to my country by a parliamentary enquiry; are now very fyftematically defirous of bu rying my innocence and their own guilt in the prifons of the enemy, and of removing, in my perfon, to the other fide of the Atlantic Ocean, the means of renewing parliamentary proceedings which they have reafon to dread.

Thofe extraordinary attempts to opprefs in my perfon the rights of all fubjects, and to pervert every idea of military obedience, by directing it, not to the fervice of the public, but the ruin of officers, juftified me to my own confcience in the part I took under the conditional order, referred to in your let ter. I found the fame inward juftification in requiring, in the moft public manner, at the clofe of the late feffion of parliament, a clear, peremptory order, in cafe the Minifters perfevered in their intention of refurrendering me to the ene

my.

་

I have received no order; had an order been sent to me framed in any manner that I could have acted upon it confiftently with the exiftence of character, I might have made a protest against the precedent; I might have enquired of you, Sir, by what probable means in the prefent pofture of affairs it was to be executed. But in deference to the King's name, as a

military fervant, I meant fubmif fion. Your letter, Sir, inftead of an order for my future conduct, is an unjuft reproach of my past; for which I humbly implore of his Majefty, and firmly demand of his councils, trial by a court martial. Should that be refufed or procraftinated upon the principle formerly adopted," that in my prefent fi"tuation no judicature can have "cognizance of my actions," I can then confider the purport of your letter, Sir, in no other light than that of a difmiffion, a difmiffion as conclufive as any you could have worded in form, and perhaps more poignant. To eat the bread of the crown, however faithfully earned, under a sentence, without appeal, in the name of the King, of neglect of duty and difobedience of orders, is incompatible with my conception of honour; an interdiction from my country; a banishment to the only part of the world in which I am difabled from ferving that country at the moment of her fate; and when every other arm, even to the weakeft, is preffed to her defence; thefe circumftances gave a critical barbarity to the intentions of the King's advisers, that an English foldier cannot fupport. fore, Sir, I find myfelf compelled, if not allowed an early trial, or by the King's grace, upon this reprefentation, restored to a capacity of fervice, through your official channel, to requeft his Majefty to accept of my refignation of my ap pointment upon the American staff, of the Queen's regiment of light dragoons, and of the government of Fort William, humbly defiring only to referve my rank as lieutenant general in the army, [U] 2

There

to render me the more clearly amenable to a court martial hereafter, and to enable me to fulfil my perfonal faith, fhould I be required by the enemy fo to do.

I have the honour to be,

&c.

The Right Hon. Charles Jenkinfon, Secretary at War.

[No. 6.]

War-Office, 08. 15, 1779. SIR,

I have received your letter of the 9th inftant, wherein, after flating your reafons for objecting to the feveral steps that have been taken with relation to the orders given for your return to North America, you add, that "if you are not allowed an early trial, or if by his "Majefty's grace, upon the repre"fentations contained in the faid "letter, you are not reftored to a "capacity of fervice, it is your re"queft to his Majefty, that he will "be pleafed to accept your refign"ation of your appointment to "the American staff, of the "Queen's regiment of light dragoons, and of the government "of Fort William; humbly de"firing only to referve your rank "of lieutenant-general in the army, to render you more clearly "amenable to courts martial hereafter, and to enable you to fulfil your perfonal faith, fhould "you be required by the enemy fo " to do."

Having laid your letter before the King, I am commanded to acquaint you, that, for the reafons fubmitted to his Majefty by the Board of General Officers, in their report, dated 23d May, 1778, (which reafons subsist in the fame force now as they did at that time)

his Majefty does not think proper that any part of your conduct fhould be brought before a military tribunal, fo long as you shall continue engaged to re-deliver yourfelf into the power of Congrefs upon their demand, and due notice being given by them. Nor does his Majefty think proper, in confequence of the reprefentations contained in your faid letter, to reftore you, circumftanced as you are, to a capacity of fervice. Neither of thefe requests can therefore be granted.

I have it farther in command from the King to acquaint you, that his Majefty confiders your let ter to me as a proof of your determination to perfevere in not obeying his orders, fignified to you in the Secretary at War's letter of the 5th of June, 1778: and for this reafon, his Majefty is pleased to accept your refignation of the command of the Queen's regiment of light dragoons, of the government of Fort William, and of your ap pointment on the American staff, allowing you only to referve the rank of lieutenant-general in the army, for the purpofes you have flated.

Lord Barrington's letter of the 27th of June is confidered as explanatory of the orders given in his letter of the 5th of that month.

I have the honour to be,

&c. (Signed) C. JENKINSON.

Lieut. Gen. Burgoyne.

[No. 7.] Hertford Street, 08. 17, 1779. SIR,

I received your letter of the 15th inftant, informing me, that his Majefty had been pleased to accept

my

my refignation of my military employments, and that I am refufed a court martial upon that disobedience, for my perfeverance in

&c.

I muft perfift in denying that I have received any other order than an order fubject to my own difcretion.

I muft perfift in my claim to a court martial.

I apprehend, that if I am not fubject to trial for breach of orders, it implies that 1 am not fubject to the orders themselves.

I do not admit that I cannot legally have a court martial, circumftanced as I am; but those who advise his Majesty, affert it, and they are answerable for this contra

Secretary at War.

[No. 8.]

Sir,

Your moft obedient, humble fervant,

C. JENKINSON.

neous.

The report of the general officers, I humbly conceive, is erroAnd the fubfequent appointment of other gentlemen, exactly in my circumstances, (with great merit on their part to entitle them to any diftinction) to military employments, fubject to orders, and accountable for the breach of them, is one of the reafons for my conceiving that the King's advifers do not differ from me in opinion, that the general officers were mistaken.

Thinking it probable, Sir, that this letter may close the correfpondence between us, I conclude with the fentiments I have never deviated from in any part of it; and I request you to affure his Majefty, with all humility on my part, that, though I have reafon to complain heavily of his Majefty's Minifters, my mind is deeply impreffed, as it ever has been, with a fenfe of duty,

&c. &c. &c.

Yo

the Lords Commiffioners of the Admiralty, that on the 23d ult. being clofe in with Scarborough, about eleven o'clock, a boat came on board with a letter from the bailiffs of that corporation, giving information of a flying fquadron of the enemy's fhips being on the coaft, and a part of the faid fquadron having been feen from thence the day before, standing to the fouthward. As foon as I re

[U]3

ceived

ceived this intelligence, I made the fignal for the convoy to bear down under my lee, and repeated it with two guns; notwithstanding which, the van of the convoy kept their wind, with all fail ftretching out to the fouthward from under Flamborough Head, till between twelve and one, when the headmoft of them got fight of the enemy's fhips, which were then in chace of them; they then tacked, and made the best of their way under the fhore for Scarborough, &c. letting fly their top-gallant sheets, and firing guns; upon which I made all the fail I could to windward, to get between the enemy's fhips and the convoy, which I foon effected. At one o'clock we got fight of the enemy's ships from the maft-head, and about four we made them plain from the deck to be three large fhips and a brig; upon which I made the Countefs of Scarborough's fignal to join me, fhe be. ing in fhore with the convoy: at the fame time I made the fignal for the convoy to make the belt of their way, and repeated the fignal with two guns: I then brought to, to let the Countess of Scarborough come up, and cleared fhip for action. At half past five the Countefs of Scarborough joined me, the enemy's fhips then bear. ing down upon us with a light breeze at S. S. W. at fix tacked, and laid our head in fhore, in order to keep our ground the better between the enemy's fhips and the convoy; foon after which we perceived the fhips bearing down upon us to be a two-decked ship and two frigates, but from their keeping end on upon us, on bearing down, we could not difcern what colours they were under: at about twenty

minutes paft feven, the largest fhip of the three brought to, on our larboard bow, within mufquet fhot: I hailed him, and afked what fhip it was; they answered in English, the Princefs Royal; I then afked where they belonged to; they anfwered evafively; on which I told them, if they did not anfwer directly, I would fire into them; they then anfwered with a fhot, which was inftantly returned with a broadfide; and after exchanging two or three broadfides, he backed his topfails, and dropped upon our quarter within piftolhot, then filled again, put his helm a-weather, and run us on board upon our weather quarter, and attempted to board us, but, being repulfed, he fheered off; upon which I backed our top-fails, in order to get fquare with him again, which, as foon as he obferved, he then filled, put his helm a-weather, and laid us athwart hawfe; his mizen throuds took our jib boom, which hung hian for fome time, till it at laft gave way, and we dropt alongfide of each other, head and ftern, when the fluke of our spare anchor hooking his quarter, we became fo clofe fore and aft, that the muzzles of our guns touched each other's fides. In this pofition we engaged from half past eight till half paft ten; during which time, from the great quantity and variety of combuftible matters which they threw in upon our decks, chains, and, in fhort, into every part of the ship, we were on fire no lefs than ten or twelve times in different parts of the fhip, and it was with the greateft difficulty and exertion imaginable at times that we were able to get it extinguished. At

the