Sir: I have reason to beleive, that on the return of Captn. Vallancy, who is now on his way to Boston, Genl. Burgoyne will apply to have the place assigned for the embarkation of the prisoners, changed from Boston to Rhode Island or some part of the Sound. I know Genl. Howe has suggested to him an Idea of the sort. I cannot say to whom his application may be. But for the most striking and obvious reasons it should not be complied with. As a matter of right, it cannot be demanded, because Boston is the post assigned by the convention for their departure. As a matter of favor, it cannot be granted, because the indulgence would operate greatly to our prejudice. If they should be allowed to embark at either of the places suggested by Mr. Howe, it will be but a short time before they arrive in Britain, when they will immediately be sent into Garrisons and the Troops now there instantly ordered to join him; or upon some other service against the States.⁸⁶ But if they are confined to Boston, it is more than probable, that some months will elapse before they can depart. You know the difficulties of a Coasting voyage at this season and that their Transports in going round may suffer greatly and perhaps may be blown as far as the West Indies. I have written to Genl. Heath upon the Subject lest he might on a sudden application consent to the measure. I am persuaded the impropriety would strike you at

[Note:"I have never entertained the smallest Idea, that General Burgoyne should be permitted to Change the port of Embarkation, or that the least Variation of the Spirit. and Letter of the Convention, would be indulged to the Troops under his Command. There is no doubt, but the British Regiments upon their Arrival in England, will be Ordered to do Duty there, but The Germans cannot, by the Laws serve in Great Britain, or Ireland. If General Burgoyne has any Sinister design, what I suggested to Congress, in my Letter of the 10th Instant, a Copy of which I conclude your Excellency has received, will be a good Method of delaying, if not finally preventing the Execution of his project." -- Gates to Washington , Nov. 23, 1777. Gates's letter is in the Washington Papers .

   In his letter to Congress (November 10) Gates justified his stupid terms to Burgoyne on the absurd grounds that there would be very few British soldiers to embark, as a great many of them had deserted on their march to Boston and that many more would do so; but this was a situation Gates could not possibly have thought of when he signed the convention. Gates advised Congress that it would be justifiable to delay embarking the convention troops "should Sir William Howe still Obstinately refuse to settle an equitable Cartel, for the Exchange of Prisoners." This letter is in the Papers of the Continental Congress . ]