An American force was already present on the east side of the Hudson, opposite Saratoga, thus blocking the crossing of the river. To continue the retreat northward in an effort to reach Fort Edward was now almost impossible for Burgoyne's weary and badly depleted army. In a few days he was completely surrounded on the heights of Saratoga by the American force which, by this time, had grown to about 20,000 men. Hopelessly outnumbered, provisions all but exhausted, and devoid of hope of help from the south, Burgoyne was forced to surrender on October 17, 1777.
[Illustration: _62nd British Regiment uniform: red coat (cut down), short black canvas gaiters, buff facings, waistcoat and breeches, white regimental lace with two blue and one yellow or straw-colored stripes._ From an early print.]
[Illustration: _Brunswick Dragoon Regiment uniform: light blue coat with yellow facings and waistcoat, leather breeches._ From an early print.]
The remnants of Burgoyne's army, probably numbering about 5,800 men, stacked their arms on the level flood plains along the banks of the Hudson near the ruins of Old Fort Hardy and became prisoners of war, according to the terms of the Convention of Saratoga drawn up between Gates and Burgoyne. By the terms of surrender, they were to be taken to Boston where they would board vessels to return to England. It was provided that they would not serve again in North America during the Revolutionary War. Burgoyne, by inducing Gates to sign this convention, almost succeeded in nullifying the great American victory at Saratoga. If the terms of the convention had been carried out, Burgoyne's army would have been available for service in Europe against the French, whom the Americans were at this time desperately endeavoring to induce to enter the war on the American side; or Burgoyne's army could have been used to relieve for service in America an equal number of British troops then garrisoning posts in other parts of the Empire, thus largely repairing, within 6 months' time, the damage to the British armies in North America. The Continental Congress therefore interposed first one obstacle and then another, and the terms of the convention were never kept. The captured soldiers were held in the North for about a year, and then most of them were sent to Charlottesville, Va., for the duration of the war. The majority of these prisoners remained in this country after the close of the war and were gradually absorbed among the populace of the new nation. Many American families today can trace their origin back to the British and German soldiers who surrendered at Saratoga.