TWO: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.But Hastings had scarcely terminated these proceedings, when the new members of Council, appointed under the Regulating Act, arrived. On the 19th of October, 1774, landed the three Councillors, Clavering, Monson, and Francis; Barwell had been some time in India. The presence of the three just arrived was eminently unwelcome to Hastings. He knew that they came with no friendly disposition towards him, and that Philip Francis, in particular, was most hostile. The letter of the Court of Directors recommended unanimity of counsels, but nothing was further from the views of the new members from Europe. As they were three, and Hastings and Barwell only two, they constituted a majority, and from the first moment commenced to undo almost everything that he had done, and carried their object. They denounced, and certainly with justice, the Rohilla war; they demanded that the whole correspondence of Middleton, the agent sent to the court of Oude by Hastings, should be laid before them. Hastings refused to produce much of it, as entirely of a private and personal nature; and they asserted that this was because these letters would not bear the light, and that the whole of Hastings' connection with Sujah Dowlah was the result of mercenary motives. In this they did the Governor-General injustice, for, though he drew money sternly and by every means from the India chiefs and people, it was rather for the Company than for himself. They ordered the recall of Middleton from Oude, deaf to the protests of Hastings that this was stamping his conduct with public odium, and weakening the hands of government in the eyes of the natives. Still, Middleton was recalled, and Mr. Bristow sent in his place. Hastings wrote home in the utmost alarm both to the Directors and to Lord North, prognosticating the greatest confusion and calamity from this state of anarchy; and Sujah Dowlah, regarding the proceedings of the new members of Council as directed against himself, and seeing in astonishment the authority of Hastings apparently at an end, was so greatly terrified that he sickened and died.
