ARTICLES OF CONVENTION
Between Lieutenant-General Burgoyne and Major General Gates
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 greanted 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