Essential Facts
- The surrender is also known as the “Saratoga Convention” or “Convention of Saratoga.”
- General John Burgoyne opened negotiations with General Horatio Gates on October 14, 1777, and agreed to terms on October 16.
- British forces laid down their arms on October 17.
- The troops in Burgoyne’s army, known as the “Convention Army,” were marched to Boston.
Timeline
- October 13, 1777 — Burgoyne’s officers agreed to negotiate surrender terms.
- October 14, 1777 – Burgoyne sent a messenger to Gates; negotiations started.
- October 15, 1777 — American and British representatives signed the Articles of Capitulation around 8:00 p.m.
- October 16, 1777 — Burgoyne delayed signing, claiming uncertainty about American troop strength. After Gates threatened to attack, Burgoyne signed the Articles.
- October 17, 1777 — Burgoyne formally surrendered at 9:00 a.m.
Significance
The Surrender at Saratoga is important to American History because it was a major turning point in the American Revolutionary War. It boosted American morale and helped secure the Franco-Amerian Alliance with France. The American victory in the Saratoga Campaign essentially ended the major fighting in the Northern Theater of the War.
Overview and History
Following their defeat at the Second Battle of Saratoga (Bemis Heights), British forces evacuated their positions near Freeman’s Farm on October 10, 1777, and started marching north toward Saratoga. American forces followed, surrounding the British by the time they reached Saratoga. On October 13, with his army nearly out of food, Burgoyne was faced with two choices:
- Try to fight his way out.
- Surrender.
Burgoyne met with his officers, and they decided to open negotiations with Gates. Burgoyne sent an envoy to the American camp with a proposal to negotiate the surrender of the British Army. Gates agreed to the request.
The envoy was 15-year-old George Williams. He was a drummer and the nephew of Major Griffith Williams.
Negotiations Begin — October 14
- On October 14, Major Robert Kingston, Burgoyne’s Adjutant General, was blindfolded and taken to American headquarters.
- Gates informed Kingston the only acceptable terms were unconditional surrender.
- Kingston returned to Burgoyne with the terms, which he rejected.
- Burgoyne countered by asking for his men to receive the Honors of War and to be paroled “upon condition of not serving again in North America during the present contest.”
If Gates accepted Burgoyne’s conditions, the British troops, including Hessians and Loyalists, would not be considered prisoners of war but could leave the battlefield to fight elsewhere or replace British troops in Europe.
Honors of War — A military term referring to the conditions granted to a defeated or surrendering army, allowing them to maintain dignity and respect. When granted the Honors of War, soldiers are typically allowed to retain their flags, weapons, and sometimes their freedom to march away with their ranks intact. It shows mutual respect between opposing forces and was sometimes used during the American Revolutionary War to maintain order and avoid unnecessary violence following surrender.
Gates Agrees, Burgyone Delays — October 15
Gates agreed to the general terms on October 15 but required Burgoyne to sign the capitulation by 2:00 p.m.
By asking Burgoyne to sign so quickly, Gates may have indicated he was concerned about British forces, led by General Henry Clinton, moving north toward Albany (see Clinton’s Hudson Highlands Expedition). Burgoyne agreed “in principle” but asked Gates for more time to finalize the details.
Both commanders chose representatives to negotiate:
- Gates sent Wilkinson and William Whipple.
- Burgoyne sent Lieutenant Colonel Nicholas Sutherland and Captain James Craig.
The negotiators met and agreed to the Articles of Capitulation, signing them around 8:00 p.m.
At 10:30 that night, Wilkinson received a letter from Craig that said Burgoyne would sign the articles if the word “capitulation” was changed to “convention.” As far as Gates was concerned, there was no difference.
Burgoyne was still hoping General Henry Clinton would arrive with reinforcements. That night, he received news from a Loyalist that Clinton was advancing toward Saratoga.
- Burgoyne called a Council of War to discuss this new information.
- His officers voted 14 to 8 against withdrawing from the treaty he had promised to sign.
- Most agreed that Burgoyne should not turn down Gates’s favorable terms because the Loyalist report was unreliable.
- Refusing to surrender, Burgoyne claimed the Council’s votes did not bind him.
Burgoyne Delays — October 16
The next day, Burgoyne again delayed, hoping Clinton would arrive. He sent a letter to Gates and told him he knew some American troops had left Saratoga.
- Burgoyne argued he only agreed to negotiate because he believed Gates had more men than he did.
- He asked Gates to verify the number of troops he had at Saratoga.
Gates sent Wilkinson to Burgyone with a letter, refusing to count the troops and demanding he “ratify or dissolve the treaty.” Gates gave him two hours to comply. If he failed to do so, the Americans would attack.
- Burgoyne still refused.
- He held another meeting with his officers.
- This time, they voted unanimously to surrender.
When the deadline expired, Gates sent Colonel John Greaton to demand Burgoyne’s answer. Greaton informed the British that the Americans would attack in ten minutes, which compelled Burgoyne to sign the Articles of Convention.
Burgoyne Surrenders — October 17
The surrender ceremony commenced at 9:00 a.m. on October 17, and both commanding officers attended
- Burgoyne rode forward to meet Gates and supposedly said, “The fortune of war, General Gates, has made me your prisoner.”
- Gates allegedly responded, “I shall always be ready to testify that it has not been through any fault of your Excellency.”
- Burgoyne handed his sword to Gates, who returned it to him.
- The agreement allowed officers to keep their side arms.
- While Burgoyne’s men stacked their arms, the senior officers met for dinner.
Terms of the Saratoga Convention
- The prisoners were called the “Convention Army” after the terms of their surrender.
- They promised not to serve again in North America during the war.
- Colonel James Wilkinson recorded a list of 4,991 men who agreed.
- Wilkinson’s list included 2,139 British, 2,022 Germans, and 830 Canadians.
- They were required to lay down their arms.
- Canadians were allowed to return to their homes.
- European troops would march to Boston, board ships, and return to their homes.
- Roughly 600 women and children, known as “Camp Followers,” accompanied the army. They were family members of the soldiers.
Controversy Over the Convention Army
The Articles of Convention were controversial. General George Washington and the Second Continental Congress questioned whether the British would abide by the terms. Further, the Articles did not prevent the soldiers in the Convention Army from being replaced once they returned to their homes.
The army marched to Cambridge, Massachusetts, under the supervision of American troops commanded by General John Glover. Upon arrival, they lived in the barracks built during the Siege of Boston.
On December 27, 1777, Congress voted to suspend the Articles of Convention. It wanted the British government to ratify the terms, requiring it to recognize the independent United States.
With no agreement in place between the two nations, the soldiers in the Convention Army were essentially prisoners of war.
Saratoga Articles of Convention
Articles of Convention Between Lieutenant-General Burgoyne and Major General Gates; October 16, 1777.
I. The troops under Lieutenant-general Burgoyne, to march out of their camp with the honours of war, and the artillery of the entrenchments, to the verge of the river where the old fort stood, where the arms and artillery are to be left; the arms to be piled by word of command from their own officers.
II. A free passage to be granted to the army under Lieutenant-general Burgoyne to Great Britain, on condition of not serving again in North America during the present contest; and the port of Boston is assigned for the entry of transports to receive the troops, whenever General Howe shall so order.
III. Should any cartel take place, by which the army under General Burgoyne, or any part of it, may be exchanged, the foregoing article to be void as far as such exchange shall be made.
IV. The army under Lieutenant-general Burgoyne, to march to Massachusetts Bay, by the easiest, most expeditious, and convenient route; and to be quartered in, near, or as covenient as possible to Boston, that the march of the troops may not be delayed, when transports arrive to receive them.
V. The troops to be supplied on their march, and during their being in quarters, with provisions, by General Gates’s orders, at the same rate of rations as the troops of his own army; and if possible the officers’ horses and cattle are to be supplied with forage at the usual rates.
VI. All officers to retain their carriages, batt-horses and other cattle, and no baggage to be molested or searched; Lieutenant-general Burgoyne giving his honour that there are no public stores secreted therein. Major-general Gates will of course take the necessary measures for the due performance of this article. Should any carriages be wanted during the march for the transportation of officers’ baggage, they are if possible, to be supplied by the country at the usual rates.
VII. Upon the march, and during the time the army shall remain in quarters in Massachusetts Bay, the officers are not, as far as circumstances will admit, to be separated from their men. The officers are to be quartered according to rank, and are not to be hindered from assembling their men for roll call, and other necessary purposes of regularity.
VIII. All corps whatever, of General Burgoyne’s army, whether composed of sailors, batteaumen, artificers, drivers, independent companies, and followers of the army, of whatever country, shall be included in the fullest sense and utmost extent of the above articles, and comprehended in every respect as British subjects.
IX. All Canadians, and persons belonging to the Canadian establishment, consisting of sailors, batteaumen, artificers, drivers, independent companies, and many other followers of the army, who come under no particular description, are to be permitted to return there; they are to be conducted immediately by the shortest route to the first British port on Lake George, are to be supplied with provisions in the same manner as other troops, and are to be bound by the same condition of not serving during the present contest in North America.
X. Passports to be immediately granted for three officers, not exceeding the rank of captains, who shall be appointed by Lieutenat-general Burgoyne, to carry despatches to Sir William Howe, Sir Guy Carleton, and to Great Britain, by the way of New York; and Major-general Gates engages the public faith, that these despatches shall not be opened. These officers are to set out immediately after receiving their despatches, and are to travel the shortest route and in the most expeditious manner.
XI. During the stay of the troops in Massachusetts Bay, the officers are to be admitted on parole, and are to be allowed to wear their side arms.
XII. Should the army under Lieutenant-general Burgoyne find it necessary to send for their clothing and other baggage to Canada, they are to be permited to do it in the most convenient manner, and the necessary passports granted for that purpose.
XIII. These articles are to be mutually signed and exchanged to-morrow morning at 9 o’clock, and the troops under Lieutenant-general Burgoyne are to march out of their entrenchments at three o’clock in the afternoon.
[signed] Horatio Gates, Major-general
[signed] J. Burgoyne, Lieutenant-general
Saratoga, Oct. 16th, 1777
To prevent any doubts that might arise from Lieutenant-general Burgoyne’s name not being mentioned in the above treaty, Major-general Gates hereby declares, that he is understood to be comprehended in it, as fully as if his name had been specifically mentioned.
Horatio Gates
