George Bancroft, History of the United States from the Discovery of the American Continent, Vol. 10

[126] Lee, who was false, and Gates, who, in the belief that

Chap. IV.} 1778.

everything contended for was granted, wished a conference with the commissioners. Washington, reproving Johnstone for addressing him a private letter, assured him that ‘the voice of congress was the general voice of the people.’

The convention of Saratoga had been broken by the British at the time of the surrender by the concealment of the public chest and other public property of which the United States were thus defrauded. In November, 1777, Burgoyne had written a rash and groundless complaint of its violation by the Americans, and raised the implication that he might use the pretended breach to disengage himself and his government from all its obligations. In January, 1778, congress suspended the embarkation of his army until his capitulation should be expressly confirmed by the court of Great Britain. Congress had also made a demand for lists of all persons comprehended in the surrender; and a compliance with this very proper and even necessary requisition had been refused. The commissioners now desired to intervene and negotiate for leave for the captives to return to Europe. But their powers under their appointment reached the case only by construction; and their acts might be disclaimed by their government as unwarranted. Besides, by their attempts at bribery, they had forfeited every claim to confidence. Congress, therefore, on the fourth of September, without a dissentient voice, resolved to detain the troops till it should receive the most formal and irrevocable ratification of the convention by the highest authority in Great Britain. The British, on their