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THREE:Gates replied that he was well aware that General Burgoyne's army was reduced to the last extremity; that it had lost the greater part of its men by repeated defeats, sickness, etc., together with their artillery, horses, and ammunition; that their retreat was cut off, and, therefore, he could listen to nothing but an absolute surrender. Burgoyne said he would never admit that his retreat was cut off whilst he had arms in his hands; and Gates, who knew that Clinton was on his march, and might soon alter the whole face of things, was only too anxious to have Burgoyne's army out of the way. After some preliminaries, therefore, to save appearances, on the 16th it was agreed that the British should march out of their camp with all the honours of war; should deposit their cannon on the banks of the Hudson, and there pile their arms at the command of their own officers; that the troops, of whatever nation they might be composed, should retire in all security and honour to Boston, where they should be provided with all necessary comforts until they embarked for England, under condition of not serving against the United States again during that war; that the Canadians should be allowed to return in all honour to their own country; and that in no case should officers be separated from their own men. These were not such terms as are usually granted to conquered armies; and the reason was, that Clinton was every day drawing nearer. Scarcely were these terms agreed on, when this fact became known to Burgoyne. For a moment he hesitated whether he should sign the contract; but, on consultation with his officers, he felt himself bound in honour to ratify it, and accordingly, the next morning, the 17th of October, the deed was signed, and the troops, marching out, grounded their arms.Such, then, was the state of affairs at the meeting of Parliament in November, 1768. These events in America claimed immediate attention. The petition of the Convention of Massachusetts, on its arrival, was rejected indignantly. The Opposition called for the production of the correspondence with the civil and military authorities there on the subject, but this demand was negatived. In January, 1769, the House of Lords took up the subject in a lofty tone. They complained of the seditious and treasonable proceedings of the people of Boston and of Massachusetts generally; and the Duke of Bedford, affirming that it was clear that no such acts could be punished by the magistrates or tribunals of the colony, moved an address to the king recommending that the criminals guilty of the late outrages should be brought to England and tried there, according to an Act of the 35th of Henry VIII. On the 26th of January it was introduced to the Commons. There it excited a very spirited opposition. Pownall, who had himself been governor of Massachusetts, and knew the Americans well,[195] accused the Lords of gross ignorance of the charters, usages, and character of the Americans; and Governor Johnstone as strongly condemned the motion, which was carried by one hundred and fifty-five to eighty-nine. On the 14th of March a petition from New York, denying their right to tax America in any way, was rejected, on the motion of Lord North; and, still later in the session, Governor Pownall moved that the revenue acts affecting America should be repealed forthwith. By this time everybody seemed to have become convinced of the folly of the attempt; but Ministers had not the magnanimity to act at once on the certainty that stared them in the face. Parliament was prorogued on the 9th of May, and did not meet again till the following January, as if there were nothing of moment demanding its attention.

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