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Show [rob] " Vv'HEREAS the means that have been deviftd by mankind to mitigate the horrors of war, and to facilitate the re-eftablifhment of peace, depend on the faith of cartels, military capitulations, conventions and treaties enter« ed into even during the continuance of hof'tilities : From whence all nations have agreed to obferve fueh conventions, [107] troops are not to ferve again in Nor th-America during the prelent conteil. " AND this requifition, dated at New-York, on the 26th of Auguft,' 1778, is now tent to the American Congrets for their direct and explicit anfw er. as they revere the facred obligations of humanity and juftice, and as they would avoid the horrid practice of re- taliations, which, howeverjuf'tly due to the guilty, in fueh cafes but too frequently fall on the innocent. " AND whereas upon thefe confiderations all breach of faith, even with an enemy, and all attempts to elude the force of military convcntions, or to defeat their falutar purpofes by evafion or chicane, are juftly held in deteffa- tion, and deemed unworthy of any defcription of perfons affirming the character or Rating themfelvcs as the reprefentatives of nations. " AND whereas it was ftipulated in the fecond article of the convention entered into at Saratoga between licu~ tenantgeneral Burgoyne and major-general Gates, "That " a free paffage be granted to the army under lieutenantS gcneral Burgoyne to Great-Britain, upon condition of ‘( not ferving again in North-America duringr the prefent " contef't; and the port of Boi'ton is afligned for the " entry of tranfports, whenever general Howe {hall fo " order :" CARLISLE, H. CLINTON 3 \VM. EDEN. To 121': extol/mt; HENRY LAURENS, Efq; 1/55 przfldmt, and other: [/23 mcmézrs a W Congrtft, met at Philadelphia." As thefe gentlemen did not appear with the proper let- ters of credence to an independent ltate, Cong refs could not difcufs fueh propofitions without acknowledr rinrr indirerftly the authority of the commiffion by whichbthey were appointed; and in doing that they mufl: have acknowledged the authority of thofe acts of parli ament on which that commifl'ion was founded. But as an indeendent Pratt: they could not take notice of perfons aéling eithe r under a commiffion or an act of parliament , thefe being of a domeitic nature, and relative to inter nal polity, but Without authenticity as to foreign powers. THE Commiflioners then, on the one hand, had no _ right to mane the demand, as it was not contained in their " Hrs majefty's Commifl'roners now founding their claim on this article, join with the commander in chief of his majefl'y's forces in a peremptory requifition, That free entrance into the harbour of Bof'ton be given to tranlports for the immediate embarkation of the faid troops ; and that they be allowed to depart for Great-Britain in terms of the faid convention. And the faid Commiflioners, in order to remove every fuppofed difficulty or pretence for delay in the execution of this treaty, ariting from any part, rea , apparent or fuppofed infraction of it, by word or writing on the frde of either party, hereby offer to renew, on the part of Greathritain, all the itipulations of the faid convention, and particularly to ratify the condition annexed to the fecond article thereof above recited, by which thofe troops commiflion, and could not pofiibly have been in contemplation at the time of granting it : Befides that, being in its nature purely military, it was the proper bufinefs of the Britith commander in chief. And, on the other hand, the Congrefs could not make a direét anfwer to it without receding from their right as reprefentatives of a fovereigu and independent people. BUT further : It being evident from the face of the re- quifition, when compared with their commiflion, that they offered what they had no power to perform, it follow s that they defigned to obtain the troops without giving the folid fecurity which had been rightfully den‘ianded for their performance of the convention. And from thence it is a O 2 ‘ clear |
