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and Particulars of ye Surrender, they do an exceeding wrong thing by not publishing ym. because they subject the whole Affair to Suspicion."3

      Had this proposal of Paine, with regard to Bur-goyne's capitulation, been followed at once, a blot on the history of our Revolution might have been prevented. The time required to march the prisoners to Boston and prepare the transports would have given England opportunity to ratify the articles of capitulation. Washington, with characteristic inability to see injustice in anything advantageous to America, desired Congress to delay in every possible way the return of the prisoners to England, "since the most virtuous adhesion to the articles would not prevent their replacing in garrison an equal number of soldiers who might be sent against us." The troops were therefore delayed on one pretext and another until Burgoyne declared that "the publick faith is broke." Congress seized on this remark to resolve that the embarkation should be suspended until an "explicit ratification of the Convention of Saratoga shall be properly ratified by the Court of Great Britain." This resolution, passed January 8, 1778, was not communicated to Burgoyne until February 4th. If any one should have suffered because of a remark made in a moment of irritation it should have been Burgoyne himself; but he was presently allowed to proceed to England, while his troops were retained,—a confession that Burgoyne's casual complaint was a mere pretext for further delay. It may be added that the English government behaved to its surrendered soldiers worse than Congress. The question of ratifying the Saratoga Convention was involved in a partisan conflict in Parliament, the suffering prisoners in America were forgotten, and they were not released until the peace,—five years after they had marched "with the honours of war," under a pledge of departure conceded by Gen. Gates in reply to a declaration that unless conceded they would "to a man proceed to any act of desperation sooner than submit."

      In his letter to Hon. R. H. Lee (October 30, 1777) Paine mentions that he is about leaving the head-quarters near Philadelphia for Fort Mifflin. Mr. Asa Bird Gardener, of New York, who has closely studied Paine's military career, writes me some account of it.

      "Major-Gen. Greene was charged with the defence of the Delaware, and part of Brig.-Gen. Varnum's brigade was placed in garrison at Fort Mercer, Red Bank, and at Fort Mifflin, Mud Island. A bloody and unsuccessful assault was made by Count Donop and 1,200 Hessians on Fort Mercer, defended by the 1 st and 2d Reg'ts. R. I. Continental Inf'y. The entire British fleet was then brought up opposite Fort Mifflin, and the most furious cannonade, and most desperate but finally unsuccessful defence of the place was made. The entire works were demolished, and most of the garrison killed and wounded. Major-Gen. Greene being anxious for the garrison and desirous of knowing its ability to resist sent Mr. Paine to ascertain. He accordingly went to Fort Mercer, and from thence, on Nov. 9 (1777) went with Col. Christopher Greene, commanding Fort Mercer, in an open boat to Fort Mifflin, during the cannonade, and were there when the enemy opened with two-gun batteries and a mortar battery. This very gallant act shows what a fearless man Mr. Paine was, and entitles him to the same credit for service in the Revolution as any Continental could claim."

      {1778}

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