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.France and England being already agreed, independently of the consent of the rest of the Allies, the conference began on a basis which was sure to lead to immediate confusion and contention. The Dutch plenipotentiaries were astonished to see the different tone displayed by the French ambassadors. They were no longer the humble personages that they had been at Gertruydenberg. The Abb Polignac, who was the chief speaker, assumed a high and confident manner. The French envoys, therefore, when the Dutch deputies demanded that the treaty should be carried out on the basis of the terms offered at Gertruydenberg, told them plainly that matters were now quite altered, and that the conditions offered at Gertruydenberg could not be entertained by France at all, but those to which the Queen of England had agreed in London; that unless the Dutch were willing to treat on these conditions, they would find their allies concluding peace without them, and that on the spot. The chief article to which the Allies objected was the concession of Spain to Philip; and they were the more resolute because it had become imminently necessary from changes that had now taken place in France. The Dauphin had died of the smallpox during the last year. The title had been conferred on his son, the Duke of Burgundy; but the Duke of Burgundy had just expired, too, in the sixth year of his age; and of the Dauphin's children there only now remained the Duke of Anjou, a sickly child of two years old. This child was the only remaining obstacle to Philip, the King of Spain, mounting the throne of France. The danger was so obvious of the union of France and Spain in a very few yearsto prevent which had been the object of the warthat the English Government was compelled to demand from Philip a distinct renunciation of all claims on the French Crown, and from France as distinct a one in the treaty that any such claim should be resisted. St. John entered into a correspondence with De Torcy, the French minister, on this point; and the answers of De Torcy must have shown the English Government how useless it was to attempt to bind Frenchmen on such matters. He replied that any renunciation on the part of Philip or any French prince would be utterly null and void according to the laws; that on the king's death the next heir male of the royal blood succeeded, independently of any disposition or restriction of the late king, or any will of the people, or of himself, even; that he was, by the laws of France, sovereign by right of succession, and must be so, in spite of any circumstances to the contrary; that neither himself, the throne, nor the people had anything to do with it, but to obey the constitution. Therefore, even if Philip did bind himself to renounce the Crown of France, should the present Dauphin die, he would be king, independently of any circumstances whatever. Another expedient, however, was proposed by the English ministry, who must have seen clearly enough the folly of their treating on such hollow ground. That was, if Philip did not like to renounce the Crown of France, he should at once quit the throne of Spain, and agree that the Duke of Savoy should take it and the Indies, surrendering his own territories to Philip, to which should be added Naples, Sicily, Montserrat, and Mantua, all of which, whenever Philip succeeded to the French Crown, should be annexed to France, with the exception of Sicily, which should be made over to Austria. Louis XIV. professed to be delighted with this arrangement, but Philip would not listen to it, showing plainly that he meant, notwithstanding any renunciation, to retain his claim to both France and Spain.
