Gen. Gates’s Articles of Convention

As I said yesterday, on 23 Oct 1777 John Gill’s Continental Journal printed the “ARTICLES of CONVENTION between Lieutenant-General [Horatio] GATES and Major-General [John] BURGOYNE.”

Gates must have hurried that document to Boston, not simply because the Battle of Satatoga was big news but also because the state of Massachusetts had to prepare for the arrival of thousands of prisoners of war.

The full text of the surrender terms is here. I’ll quote the most important passages, those involving substance rather than details of implementation, as they appeared in the Continental Journal.

ARTICLE I. The troops under Lieutenant-General Burgoyne, are to march out of their camp with the honors of war and the artillery of the intrenchments, 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.

Art. 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 [William] Howe shall so order. . . .

Art. 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 convenient as possible to Boston, that the march of the troops may not be delayed when transports arrive to receive them.

Art. V. The troops to be supplyed 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 supplyed with forage at the usual rates.

Art. 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 honor 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 officer’s baggage, they are if possible to be supplyed by the country at the usual rates. . . .

Art. 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 . . .

Gates was a veteran of the British army. He and Burgoyne had enlisted as young officers at the same time, and he had served under Burgoyne earlier in their careers.

The American general knew what supplies and housing a large army, including families, would need. He was also sensitive to the honor of British officers; one of the thirteen articles guaranteed those gentlemen the privilege of walking around greater Boston wearing their arms. 

About 5,900 Crown troops surrendered at Saratoga. On 8 November they started to arrive in Cambridge, which in 1776 had an official population of 1,586.