Burgoyne, now finding himself exposed to the concentric fire of the Americans, who nearly surrounded him, and having no opening through which to retreat to Lake George or to Lake Champlain, called a council of war to deliberate upon his desperate situation. "By their unanimous concurrence and advice", says he, "I was induced to open a treaty with Major-General Gates." At ten A. M. of the 14th, a flag of truce was sent by Burgoyne, asking for a parley, during which Gates demanded an unconditional surrender of the enemy's troops as prisoners of war. This proposition Burgoyne peremptorily refused to entertain. Hostilities in the mean time were suspended, and modified proposals were made. After two days' delay, Gates, hearing of Sir Henry Clinton's advance up the Hudson, and fearing that he might reach Albany, agreed upon the terms, dictated by Burgoyne, as follows:— The Anglo-German troops to march out of their camp with all the honors of war, and their artillery to be moved to the bank of the Hudson River, and there left, together with the soldiers' arms, which were to be piled at the word of command from their own officers. It was further agreed that a free passage to Great Britain should be granted to the troops on condition of their not serving again in the present contest; that all officers should retain their baggage and side-arms, and not be separated from their men; and that all, of whatever country they might be, following the camp, should be included in the terms of capitulation. Before signing the treaty, Burgoyne demurred to designate it as a _capitulation_, whereupon Gates readily consented to its being called a TREATY OF CONVENTION, and as such it was signed October 16, 1777. [Illustration: BURGOYNE TO GATES. Somewhat reduced, after the fac-simile in Wilkinson's _Memoirs_, i. 282.—ED.] Burgoyne in a rich uniform, accompanied by his brilliant staff and general officers, rode, on October 17, to the headquarters of General Gates, who was simply attired in a plain blue coat. Reining up their horses, Burgoyne gracefully raising his cocked hat, said, "The fortune of war, General Gates, has made me your prisoner;" to which the victor, gracefully returning the salute, replied, "I shall always be ready to bear testimony that it has not been through any fault of your excellency." [Illustration: WASHINGTON AND GATES. From _Bickerstaff's Boston Almanac_. This is from the title of the number for 1778, and shows the kind of effigies popularly current in such publications.—ED.]